HomeMy WebLinkAboutRM 09-20-96Im
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
September 20, 1996 1308 County -City Building
10:00 a.m. 227 W. Jefferson Boulevard
Presiding: Paula N. Auburn South Bend, Indiana
President
1. ROLL CALL
Members Present: Ms. Paula N. Auburn, President
Mr. William P. Hojnacki, Secretary
Mr. Michael Donoho
Members Absent: Mr. Phillip J. Faccenda
Mr. Robert W. Hunt, Vice - President
Legal Counsel: Ms. Jenny Pitts Manier
Redevelopment Staff: Mrs. Ann Kolata, Director
Ms. Vangelean Binion, Recording Secretary
Mrs. Hedy Robinson, Economic Development Specialist
Mr. John Stark, Economic Development Specialist
Mr. James Riggs, Economic Development Specialist
Business Assistance: Mr. Mike Beitzinger, Economic Development Specialist
Bureau of Housing: Mrs. Ernestine Ligon
Media: Mr. Don Porter, South Bend Tribune
Others: Mr. Kevin Hughes, Project Future
Mr. Tom Walz, Lex Investment Inc.
Mr. Jim Knepp, Lex Investment Inc.
Mr. Dennis, Emery
Mr. Curt Alford, Elumatec USA
Mr. Steve Van Tongeren, Elumatec USA
Mr. John Piraccini, BCP Partnership
Mr. Rick Doolittle, SSP Properties
Mrs. Auburn noted that the Executive Session will continue immediately following adjournment of the
Regular Meeting.
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
2. APPROVAL OF MINUTES
a. Approval of Minutes of the Regular Meeting
of Friday, September 6, 1996.
Upon a motion by Mr. Hojnacki, seconded by
Mr. Donoho and unanimously carried, the
Redevelopment Commission approved the
Minutes of the Regular Meeting of September
September 6, 1996.
3. APPROVAL OF CLAIMS
COMMISSION APPROVED THE
MINUTES OF SEPTEMBER 6, 1996
Redevelopment Commission Claims submitted September 20, 1996, for approval.
ADMIN 1996 (212)
Tepe Furniture, Co.
$716.00
York Title & Escrow
$170.00
Indiana Association of Cities & Towns
$50.00
Business Systems
$192.72
Baker & Daniels
$881.50
Thomas General Construction
$35.00
Petty Cash
$86.37
NIPSCO
$7.64
Superior Waste Systems
$65.80
National Arbor Day Foundation
$10.00
McCloskey -Pitts
$187.50
Ohio Nursery & Landscape Assoc., Inc.
$50.00
South Bend Tribune
$448.00
American Planning Association
$265.00
AIRPORT TIF REVENUE (324)
Peirce & Assoc. $200.00
H.S. Altman $3,082.00
SAMPLE- EWING DEVELOPMENT AREA (4141
Bradberry Brothers, Inc. $16,611.81
Torok Excavating & Demolition Inc. $944.75
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
3. CLAIMS (Cont.)
SAMPLE- EWING DEVELOPMENT AREA (414)
York Title & Escrow $1,455.00
Cole Associates Inc. $8,037.73
Petty Cash $368.40
American Electric Power $309.14
Grauvogul & Assoc. $75.00
S.B.C.D.A. T.I.F. GENERAL ACCOUNT(420)
American Electric Power $623.54
South Bend Water Works $282.24
Community & Economic Development $1,980.20
Real Estate Management, Corp. $824.51
Midland Engineering Company $2,000.00
Upon a motion by Mr. Donoho, seconded by Mr. COMMISSION APPROVED AND RATIFIED THE
Hojnacki and unanimously carried, the Commission CLAIMS SUBMITTED SEPTEMBER 20, 1996 AND
approved and ratified the Claims submitted ORDERED THE CHECKS TO BE RELEASED
September 20, 1996 and ordered checks to be
released.
4. COMMUNICATIONS
There were no Communications.
5. OLD BUSINESS
a. Commission consideration of request
to occupy space in the Palais Royale
building on a temporary basis.
Mrs. Kolata asked permission to table
item 5.a. There were no objections and
item 5. a. was tabled.
[A
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THERE WERE NO COMMUNICATIONS
ITEM 5.A. WAS TABLED
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
5. OLD BUSINESS (Cont.)
b. Commission approval requested for
use of the Palais Royale building by
Michiana Arts & Sciences Council for
the 1997 Carnival for the Arts.
Mrs. Kolata explained that Michiana Arts
& Sciences Council has submitted a
request to use the Palais Royale Ballroom
for the 1997 Carnival for the Arts. They
have two dates: April 25 - 27, 1997 and
May 16 - 18, 1997. Mrs. Kolata noted
that she went through the Palais Royale
on September 19, 1996 with Don Fozo,
Building Department and Burt Prawat,
Fire Protection. When Carnival of the
Arts used the Ballroom in the Spring of
1996 it was to be a one time use of the
Ballroom. It was anticipated at the time
Michiana Arts & Sciences Council made
their request, that the Palais Royale
would be shut down for renovation
immediately after Carnival. Since then
the renovation has been delayed and
Michigan Arts & Sciences Council has
submitted their request for use of the
Palais Royale Ballroom in 1997.
Mrs. Kolata noted that the Building and
Fire Department had allowed the Palais
Royale to be treated as a temporary use,
similar to the Ethic Festival, where you
don't require permanent wiring and
temporary wiring was allowed. Certain
requirements were handled as a
temporary use. If the Commission allows
continued use of the Palais Royale
building, there is a need for permanent
improvements; hard wiring, fire escape
IL corrections, hand rails, alarms and various
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. OLD BUSINESS (Cont.)
b. continued....
things of that sort which entails spending
money for the repairs.
Mr. Hojnacki stated that he would like to
give consideration to the community
groups for use of the building but he
opposes the use of the Palais Royale
building until the renovation of the
building is complete. He feels that it puts
the Commission in a difficult position,
given the current condition of the
building.
Mrs. Kolata noted that when Michiana
Arts & Sciences Council used the Palais
Royale Ballroom, Michiana Arts &
Sciences Council worked closely with
both the Building Department and the
Fire Department to make sure the Palais
Royale Ballroom was up to code for a
one time event. Mrs. Kolata stated that if
the Commission is considering having a
policy stating that no groups are to use
the building until the renovation of the
Palais Royale is complete, then that needs
to be determined.
Upon a motion by Mr. Hojnacki,
COMMISSION TURNED DOWN THE REQUEST OF
seconded by Mr. Donoho and
MICHIANA ARTS & SCIENCES COUNCIL TO USE
unanimous) carried, the Commission
y
THE PALAIS ROYALE IN 1997 AND STATED IT
turned down the request of Michiana Arts
WAS OPPOSED TO THE USE OF THE PALAIS
ROYALE BUILDING BY ANY ORGANIZATION
& Sciences Council to use the Palais
UNTIL THE RENOVATION OF THE BUILDING IS
Royale in 1997 and stated it was opposed
COMPLETE
to the use of the Palais Royale building by
any organization until the renovation of
the building is complete.
1-4-
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS
a. Staff report on disposition of property
in the Airport Economic Development
Area. (Toll Road Industrial Park)
James Riggs gave the staff report on the
project. The Commission has received a
proposal to purchase Lot 11 of the Toll
Road Industrial Park from Elumatec
USA, Inc. Elumatec USA is the United
States sales, service and distribution
center of Eugen Lutz GmbH & Co. Of
Muhlacker, Germany. Eugen Lutz is a
manufacturer of machinery for processing
aluminum and vinyl extrusions. Elumatec
USA is a fully owned subsidiary of Eugen
Lutz. Eugen Lutz has 19 offices around
Europe, North America, Asia and
Australia and annual sales in excess of
$53 million (80 million DM).
The project would be a 25,000 s.f
distribution facility which would include
offices, a demonstration room, and
warehouse space. Elumatec USA
proposes to purchase the property for
$85,560 which is $23,000 per acre. (This
is the same as the most recent sale price
of land in the Toll Road Industrial Park
for Commission property.)
Elumatec USA expects that the project
would create up to six jobs to start and
then up to ten jobs within the first year.
They plan to begin construction of the
25,000 s.f facility by mid - October with
completion in March of 1997. Elumatec
USA asks that the Commission
participate in clearing trees from the
property, limiting the Commission
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
a. continued....
participation to $25,000. This is in line
with other recent proposals approved by
the Commission for other properties that
had substantial property or site
preparation costs.
The staff recommends that the
Commission accepts the proposal subject
to the following: Funds for clearing the
trees from the property would be placed
in escrow with a third party at closing;
Elumatec would be able to draw from the
escrow after completion of the clearing
work upon approval of Redevelopment
staff, Plans and specifications for the
building, once approved through the
City's design review process, would be
made a part of the Contract for Sale of
Land.
Steve Van Tongeron with Elumatec USA
handed out a brochure outlining the
company's history and a video tape that
shows their vinyl production line. He
stated that Elumatec USA is currently
leasing space in Columbus, Indiana and
would like to move into the South Bend
area. They feel that South Bend is a
prominent location for marketing and
distribution purposes and they feel as
though the support systems are here in
the South Bend area.
Mrs. Kolata noted this is a heavily -
wooded site and that other people who
have looked at this site in the past have
raised the issue of clearing the trees.
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
a. continued....
Kevin Hughes stated that they have
worked with Elumatec USA for about
three months and had the opportunity to
meet the owners of Elumatec USA, who
came to South Bend and spent two days
looking around the community for
existing buildings and subsequently
looking for land. He feels as though the
international firms locating in South Bend
are good for the community. He stated
that the Redevelopment staff has done a
terrific job.
Mrs. Auburn stated that one of the
elements that has been interesting in the
last few years has been the
internationalization of the industry that
South Bend has located here — German,
Japanese, British and Swedish.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
approved the staff recommendation for
disposition of property in the Airport
Economic Development Area. (Toll
Road Industrial Park)
b. Commission approval requested for
Resolution No. 1460 Approving an
Application for Tax Deduction for
property located at 4320 Ralph Jones
Court in the Airport Economic
Development Area.
Mrs. Kolata asked for authorization for
the Director to sign the tax abatement
4 -8-
COMMISSION APPROVED THE STAFF
RECOMMENDATION FOR DISPOSITION OF
PROPERTY IN THE AIRPORT ECONOMIC
DEVELOPMENT AREA (TOLL INDUSTRIAL PARK)
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
b. continued....
petition as owner of the property.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
authorized and ratified the Director
signing the tax abatement petition.
Mike Beitzinger gave a report on the
proposed project. Elumatec USA is the
United States sales, service, and
distribution hub for the Eugen Lutz
GmbH & Co. Eugen Lutz, located in
Muehlacker- Lomersheim Germany,
produces industrial saws, drills, and other
processing machinery for aluminum and
vinyl extrusions. Elumatec imports the
equipment and sells to customers
throughout the United States. Their
project calls for the construction of a
25,000 square foot distribution center.
The distribution center will house
warehouse, office and demonstration
functions. All administrative support for
the US operation will also be performed
at this site. The total cost for the project
is estimated at $550,000. Per the
petition, it is estimated that this project
will create six new permanent full-time
jobs with an annual payroll of $204,000.
The average salaries for these jobs will be
approximately $34,000 each.
A review of the tax abatements previously
granted finds that Elumatec USA has not
been granted any previous tax
abatements. The building commissioner
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COMMISSION AUTHORIZED AND RATIFIED THE
DIRECTOR TO SIGN THE TAX ABATEMENT
PETITION
c
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
b. continued....
has reviewed the petition and finds that
the property is properly zoned for the
proposed use. A review of the
Redevelopment designation areas finds
that the property is located in the Airport
Economic Development Area, which is a
Tax Incremental Allocation Area,
therefore, the petition first requires the
approval of the South Bend
Redevelopment Commission. A review
of the Tax Abatement Ordinance finds
that Elumatec USA meets the
qualifications for a three year real
property tax abatement.
Using an estimated project cost of
$550,000 the taxes generated over three
years is approximately $77,067. The
amount to be abated is approximately
$51,121 and the taxes generated with the
abatement is approximately $25,946.
Upon a motion by Mr. Donoho, seconded
by Mr. Hojnacki and unanimously carried,
the Commission adopted Resolution
No. 1460 Approving an Application for
Tax Deduction for property located at
4320 Ralph Jones Court in the Airport
Economic Development Area.
d. Commission approval requested for
Resolution No. 1462, a Resolution of
the South Bend Redevelopment
Commission Approving the Execution
of an Addendum to the Lease Dated as
of September 11, 1996, Between the
South Bend Redevelopment
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COI bMSSION ADOPTED RESOLUTION NO. 1460
APPROVING AN APPLICATION FOR TAX
DEDUCTION FOR PROPERTY LOCATED AT 4320
RALPH JONES COURT IN THE AIRPORT
ECONOMIC DEVELOPMENT AREA
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
d. continued....
Commission and the South Bend
Redevelopment Authority for Certain
Land in the South Bend Central
Development Area.
Mrs. Kolata noted that both Resolution
No. 1461 and Resolution No. 1462 have
to do with a refinancing of '
Redevelopment Authority Bonds that
were issued in 1990 for the South Bend
Central Development Area. On
September 10 the Authority refinanced a
portion of the Bonds, in the amount of
$3,790,000. The net savings related to
the refinancing of the bonds amounts to
$452,412, the present value savings is
approximately $175,000 and the net
interest rate is 5.629 %.
Mrs. Kolata noted that Resolution
No. 1462 amends that lease that exists
between the Commission and the
Redevelopment Authority to account for
a new payment schedule and to allow the
bond payments to be reduced because of
the savings generated by the refinancing.
Resolution No. 1461 authorizes certain
funds to be maintained in various
accounts.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
adopted Resolution No. 1462, a
Resolution of the South Bend
Redevelopment Commission Approving
the Execution of an Addendum to the
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COMMISSION ADOPTED RESOLUTION NO. 1462,
A RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION APPROVING
THE EXECUTION OF AN ADDENDUM TO THE
LEASE DATED AS OF SEPTEMBER 11, 1996,
BETWEEN THE SOUTH BEND REDEVELOPMENT
COMMISSION AND THE SOUTH BEND
REDEVELOPMENT AUTHORITY FOR CERTAIN
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
d. continued....
Lease Dated as of September 11, 1996,
between the South Bend Redevelopment
Commission and the South Bend
Redevelopment Authority for Certain
Land in the South Bend Central
Development Area.
c. Commission approval requested for
Resolution No. 1461, Establishing
Certain Funds and Accounts in
Connection with the Lease Dated as of
November 1, 1989 and as Amended by
an Addendum Thereto Dated as of
April 6, 1990, and as Further
Amended by An Addendum to Lease
Between the South Bend
Redevelopment Commission and the
South Bend Redevelopment Authority.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried the Commission
adopted Resolution No. 1461,
Establishing Certain Funds and Accounts
in Connection with the Lease Dated as of
November 1, 1989 and as Amended by an
Addendum Thereto Dated as of April 6,
1990, and as Further Amended by an
Addendum to Lease Between the South
Bend Redevelopment Commission and
the South Bend Redevelopment
Authority.
e. Staff report on Disposition of property
in the South Bend Central
Development Area. (Dreisbach
Building)
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LAND IN THE SOUTH BEND CENTRAL
DEVELOPMENT AREA
COMMISSION ADOPTED RESOLUTION NO. 1461,
ESTABLISHING CERTAIN FUNDS AND
ACCOUNTS IN CONNECTION WITH THE LEASE
DATED AS OF NOVEMBER 1, 1989 AND AS
AMENDED BY AN ADDENDUM THERETO DATED
AS OF APRIL 6, 1990, AND AS FURTHER
AMENDED BY AN ADDENDUM TO LEASE
BETWEEN THE SOUTH BEND REDEVELOPMENT
COMMISSION AND THE SOUTH BEND
REDEVELOPMENT AUTHORITY
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
e. continued....
John Stark noted that the Dreisbach
Building is made up of three parcels that
total 115,000 s.f of property. The
minimum purchase price is $253,075.
There were two bids received for the
property: the first bid is from SSP
Properties who proposes to construct one
15,000 s.f. single -story building
contingent on approval from GSA, to
build a Social Security Administration
Building and contingent on the
environmental investigation. They also
propose a second, two story building on
the south portion of the property,
although there is no guaranty the second
building would ever be constructed.
Their bid price totaled $150,000.
The second bid is from BCP Partnership
to construct a mixed -use facility, utilizing
the existing building and also new
construction. BCP Partnership's
proposed project will consist of light
manufacturing, storage and retail or
service frontage. The BCP Partnership
offer is contingent on environmental
investigation and whatever remediation
might be necessary.
Mrs. Kolata noted that she had spoken
with a GSA representative and they
stated that there hasn't been a decision
made on the location of the building for
the Social Security Offices, that the
request for proposals had not gone out as
of that time. They were waiting for the
completion of the market report from the
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
e. continued....
Social Security Administration, which the
representative hoped to have by
September 13, 1996. GSA would then
go out with the request for proposals.
GSA hopes to have a decision by mid -
December.
Mrs. Kolata noted that neither SSP
Properties nor BCP Partnership met the
minimum bid price that the Commission
could accept at this point. SSP
Properties has a bid price of $150,000,
they would require the Commission to
have the building torn down and to
complete any environmental remediation
that is required. The staff estimate on the
environmental investigation (not including
remediation) is approximately $15,000.
The staff anticipates that the $150,000
purchase price from SSP Properties
would cover any environmental
remediation and the demolition of the
building.
Mrs. Kolata noted that if the building was
to be torn down, the staff has serious
concerns about the style of building that
is suggested by SSP Properties. There
was no site plan or design for a new
building on this lot, instead photographs
of other buildings that SSP Properties has
constructed in other cities were
submitted. These buildings were
suburban type, single -story buildings
which is not exactly what is desired on
the site. The staffs other concern
C, consisted of the experiences that they had
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
e. continued....
dealing with GSA related to the
Bankruptcy Court. In that case the
Commission was impressed with both
designs and would have been happy with
either design and did a joint award based
on that design. In this case, the staff is
not particularly happy with the single -
story building design. The staff
recommends that the bid be rejected.
Mrs. Kolata noted that the staff has three
major concerns regarding BCP
Partnership's proposal related to their
bid. The first concern was that the
$5,000 purchase price would not cover
the cost of even the environmental
investigation, let alone any remediation.
The staffs second concern was that the
bid specifications prohibited the use of
mini- warehouses and BCP Partnership
has mini- warehouses as a major portion
of their project. The staffs third concern
was that, if the building was going to be
re -used, a substantial renovation of the
building was required. BCP Partnership
proposes to renovate the building by
simply cleaning and painting. The staff
recommends rejecting this bid.
John Piraccini stated that BCP
Partnership started with a manufacturing
facility that started in downtown South
Bend and would like to stay in downtown
South Bend. They are looking to move if
they are not able to get what is needed.
BCP Partnership feels as though they
would have to put a substantial amount of
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
e. continued....
money in the building itself, in the amount
of $350,00 - $400,000. This would
include a complete face lift of the front
and sides and some painting. The brick
work needs to be painted and there's a
need for new windows. They would
replace the garage doors and in the front
they would change some things. The
heating and electrical need to be re- wired.
John Piraccini stated that they would be
willing to do whatever it takes to meet
the bid specifications.
Mr. Doolittle, representing SSP
Properties, noted that as part of their
proposal, they proposed to construct a
second building on the site that would be
a two -story building. He stated that SSP
Properties cannot defer to a single -story
building.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
accepted the staff recommendation to
reject both bid proposals.
Ms. Auburn commented that she would
like staff to work with both parties to see
if modifications can be made to their
proposed developments.
f. Staff report on disposition of property
in the West Washington- Chapin
Development Area. (Lot at 505 W.
Washington)
14
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COIvMSSION ACCEPTED THE STAFF
RECOMMENDATION TO REJECT BOTH
PROPOSALS
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
f. continued....
Mrs. Kolata noted that this is a vacant
Lot at 505 W. Washington. There were
two bids received for this property. Both
bids were over the minimum purchase
price: the one from Dennis Emery was for
$13,300 and the one from Lex
Investment, Inc. was in the amount of
$16,500. The bid specifications required
that the lot be used for a parking lot and
that landscaping be planted between the
side walk and parking area. These were
the two major requirements. Both
proposals addressed this, the proposal
from Lex Investment Inc. was complete.
The proposal from Dennis Emery was
missing the number of parking spaces, a
construction schedule, and a firm
financing commitment. The difference
between the two proposals is that if
Dennis Emery were to purchase the
property to use for his apartment building
that is east of the lot, he would require a
curb cut on Washington Street. If Lex
Investment Inc. were to purchase the lot
they would be able to use the current
drive located on their property that is
west of the lot. The current drive goes to
the back of Lex Investment's property
where they have a parking lot that has
fifteen spaces.
Mrs. Kolata noted that she drove through
the block, around and down the alleys
and through a couple of lots that are in
that block. Mrs. Kolata stated that to the
west of 509 W. Washington, which is the
property owned by Lex Investments Inc.,
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
f. continued....
is a lot owned by the company that owns
Tippecanoe Place, that is for
Tippecanoe's employees. There are
parking spaces in this lot and they are
operated by Lawson & Fisher which
owns the property west of that. There
are a number of parking spaces located
on that block and some spaces are
available for rent. The staff tried finding
out what the availability of parking is and
the rental rate. However, we have not
heard back from Dan Lawson yet.
The staff recommends accepting the
proposal of Lex Investment. They feel
as though this would enable the lot to be
completed in a short time and it would
have just one curb cut. The staff will
work with Dennis Emery to help his
tenants find parking spaces in other lots
on a monthly basis. Also the staff would
suggest, if Lex Investment Inc. has extra
parking spaces, they might also consider
renting out spaces to Dennis Emery's
tenants if someone would want to rent a
parking space on a montly basis.
Dennis Emery stated that Lex Investment,
Inc. are attorneys who are using their
office as attorneys, apparently have an
investment company which may be for tax
purposes. He stated that Lex Investment,
Inc. also has a big parking lot behind their
building which they use for auto repair
which he took pictures of, taken
yesterday.
0
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
f. continued....
Dennis Emery stated that there is an auto
repair firm on the north side of the alley
which uses part of their lot. He stated
that Lex Investment, Inc. is not using
their lot. They also have been using the
City owned lot which he has pictures of
He stated that those in his building,
downtown residents, have no place to
park, they have nothing. Lex Investment,
Inc. has a lot. He stated that Lex
Investment has a building one -fifth the
size of his building with a lot and they
have nothing. He asks and implores the
Commission, for his tenants, his current
tenants and future tenants.
Dennis Emery stated that the City claims
they want downtown residents. With
downtown residents, when they try to
rent from him and the tenants say where
do we park, I say we really don't have
anything. He stated that this lot is really
the only place his tenants have to park.
Dennis Emery stated that if the
Commission would like a financial
commitment, he would have one for the
Commission in a week, a time table
whatever the Commission wants. He
stated that he would meet Lex
Investment's price, which is fine with
him. He states that he and his tenants
have nothing. He states that you can't
grow land.
He asked the Commission would they like
to see the auto repair going on.
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
f. continued....
Mrs. Kolata stated that she saw it. There
are cars up and down the alley.
Dennis Emery stated that Lex Investment,
Inc. is not using their property. He stated
that he had Mr. Walz on tape, yesterday
when he called Dennis Emery. Dennis
Emery stated that he has concerns about
this because there is a collusion form that
must be signed. He stated that he taped
the call and Mr. Walz asked him and
admittedly told him that Lex Investment,
Inc. is using their lot for auto repair and
he wanted to discuss it.
Dennis Emery stated that Mr. Walz is an
attorney and Mr. Emery isn't an attorney,
he doesn't know about the collusion
thing. Dennis Emery asked if the
Commisison would like to hear the tape
or see the pictures because he had them.
Mrs. Kolata noted that she would
acknowledge that Dennis Emery is right
when he says that there is an auto repair
shop on the north side of the alley and
there are cars and vehicles parked all up
and down the alley.
Dennis Emery stated that there are cars
parked all in the lot and half of the lot
usually. He stated that he has been there
for twenty four years and in the last ten
years half of the lot has auto repair going
on, which it is not zoned for. He stated
that five years ago his block was rezoned
and he states that no type of auto repair is
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
permitted. He states that because Lex
Investment, Inc. has been there, they can
do it on his own property but not as an
investment company in their own parking
lot.
Mrs. Auburn asked was there someone
from Lex Investment, Inc. here.
Jim Knepp stated his name and
introduced his partner Tom Walz. Jim
Knepp stated that he and Tom Walz are
Lex Investment. He stated that this is an
entity that owns the building. Jim Knepp
stated that he will agree with Dennis
Emery and Mrs. Kolata that Lex
Investment, Inc. does have fifteen spaces.
They also have seventeen spaces used.
He stated that they have to rent additional
spaces from Tippecanoe Place simply for
his staff.
Jim Knepp stated they have four
attorneys, five secretaries, three
paralegals and one law clerk.
Jim Knepp stated that he doesn't know
what City lot Dennis Emery was referring
to.
Mrs. Kolata stated that she thought
Dennis Emery was referring to the lot at
505 W.Washington. She stated that there
was a vehicle parked on this lot on
Wednesday.
Jim Knepp stated that this was not one of
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
their vehicles. He stated that he doesn't
know whose vehicle it is.
Jim Knepp stated that they did call Dennis
Emery last evening and he believes that it
was Mr. Hojnacki who suggested at the
last meeting that perhaps there could be a
shared use of the lot. Jim Knepp stated
that they had not heard from Dennis
Emery at all, so they called him last
evening to discuss this situation. Jim
Knepp stated that the problem that they
have with that, is that the former
Workforce Development Building, which
is empty, there is a parking lot associated
with that, they've talked with the owner
of the building. Jim Knepp stated that
there are five cars parked there who are
Mr. Emery's residents, those cars are
parked there twenty -four hours a day,
seven days a week and one of the cars has
no plates on it. With the idea of shared
use of the lot, because we want to use
minimum density, which would be nine
spaces, a shared use would indicate that
each of the remaining spaces, which
would be available on an interim basis,
would cost between $6,000 to $8,750
which is not an intelligent investment.
Jim Knepp stated that they are interested
in purchasing the lot, they have the
financial wherewithal, with the assistance
of Valley Bank, to complete the project
on a quick basis. He stated that they
propose minimum density and no curb cut
is needed.
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
Tom Walz stated that he attempted to call
Dennis Emery last night and that he had a
conversation with him. He stated that his
intention was to open a dialogue to see
what Dennis Emery's needs were and to
express to him what Lex Investment,
Inc.'s priorities were. That was the
essence of the conversation. He stated
that if there is an impression left that
somehow Lex Investment, Inc. did
something improper, that was not the
case, they attempted to be good
neighbors. He stated that he was a little
bit shocked, at least the way he
interpreted some of the comments of Mr.
Emery.
Mrs. Kolata noted that she would agree
with Dennis Emery, that there was a
vehicle parked there on the lot, but she
did not know who was parking on the lot.
Dennis Emery stated that it was a state
representative.
Jim Knepp stated that the state
representative was Mike Dvorak, he is an
attorney in the office with himself and
Tom Walz. He stated that whether Mike
Dvorak was parked in the City lot, he was
not aware of it. Jim Knepp stated that the
idea that Mike Dvorak was parked there
improperly, he is an attorney in Lex
Investment's office.
Dennis Emery stated that when he
presented his proposal, he used the City
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
packet which contained a plot land use
that shows that there is also a private
drive going from the northwest corner
going into the alley way.
Mrs. Kolata stated that she was surprised
at that too. It doesn't seem to be wide
enough for a vehicle. This is one of the
strangest shaped lots, it's basically a
rectangle with a 6' by 98' strip on it. That
isn't wide enough for a vehicle. That's a
pedestrian type of access.
Mrs. Auburn stated it is always difficult
when there is more than one bid for one
piece of property and there isn't enough
property to go around to make everyone
happy. But the Commission does need to
take a motion and move forward on
disposition of this particular piece of
property since both of the uses are
essentially identical.
Mr. Donoho stated that he'd like to move
that the Commission award to Lex
Investment, his primary mover on that is
that the bid guidelines were met, the price
was higher and the price was higher at bid
time —not post -bid.
Upon a motion by Mr. Donoho, seconded
by Mr. Hojnacki and unanimously carried,
the Commission accepted the proposal
from Lex Investment, Inc. for purchase of
the property at 505 W. Washington in the
Washington- Chapin Development Area.
(Lot at 505 W. Washington)
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COMMISSION ACCEPTED THE PROPOSAL FROM
LEX INVESTMENT, INC. FOR PURCHASE OF THE
PROPERTY AT 505 W. WASHINGTON IN THE
WEST WASHINGTON- CHAPIN DEVELOPMENT
AREA (LOT AT 505 W. WASHINGTON- CHAPIIN)
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
Mr. Emery asked if he had any recourse,
if there was anything he could do.
Mrs. Kolata responded not really. She
also said that the staff would be glad to
work with Mr. Emery to try to help solve
the parking problems.
Mrs. Kolata also pointed out that there
are parking spaces available on the block
and the staff will get Mr. Emery the
information on that. Also there is a
vacant lot on Colfax just behind this one.
It's owned by people in Pennsylvania and
we could investigate this as another
possibility.
Mr. Emery asked about the auto repair.
Mrs. Kolata responded that it was an on
going problem and she asked Code
Enforcement to drive down the alley and
look at the situation. The auto repair
shop is a pre - existing use to the rezoning
and they have a right to be there. They
should not be repairing a car on property
other than their property. Mrs. Kolata
suggested that Mr. Emery discuss this
with Code Enforcement.
Ms. Auburn asked Mr. Emery to contact
the staff to discuss the parking and the
auto repair shop.
Mr. Emery stated that he was interested
in this lot, and it was being given to the
attorneys.
` -25-
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
E continued....
Mrs. Kolata stated that the lot was being
sold and that there was no political
influence in this decision.
- g. Commission approval requested for
proposal for professional services
related to environmental investigation
of the Dreisbach property.
Mrs. Kolata asked permission to table ITEM 6.G. WAS TABLED
item 6.g. There were no objections and
item 6.g. was tabled.
h. Staff report on Disposition of Property
in the South Bend Central
Development Area.
Mrs. Kolata noted that the staff received
a letter from Sam Gillespie and read it as
follows:
"Trammell Crow Company is pleased to
announce that we would like to move
forward on our downtown office project
after three years of intensive effort. We
are excited about the opportunity to work
with Memorial Health System Inc. and
the City of South Bend to create a
vibrant commercial project in the heart
of downtown South Bend.
We propose to build a minimum three -
story, 45, 000 sf building up to a
maximum of a 60,000 sf., four -story
building, anchored by Standard Federal
Savings Bank. A major component of the
project will be a second building on the
C; -26-
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
h. continued....
site of approximately 75, 000 sf. This
building will be constructed and owned
by Memorial Health System.
The site plan that provides for our
building, Memorial's building, the
parking garage, the central plaza, the
Michigan Street retail, and the Transpo
bus stop is different from out original site
plan submitted three years ago and we
propose to modify our contract to reflect
the current site plan and provide for the
development of Memorial's project
directly by Memorial. Because the
financing source for our project is the
Multi Employer Property Trust, a union
labor pension fund, a condition of any
modification of our contract must be a
requirement that Memorial use a
contractor signatory to a collective
bargaining agreement with the local
building trades. In addition, we will
need to review the legal description of
our building site as its location has
changed from the original site plan. We
will also need to review other terms and
conditions of our contract.
We are truly excited about this project
finally coming together and are anxious
to move forward with the necessary
paperwork. Please call if you have any
questions or comments. Sincerely:
Samuel A. Gillespie, Managing Director
at Trammell Crow in Indianapolis.
Mrs. Auburn stated that there has been a
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South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
h. continued....
sign on the property stating that the
development was coming for a long time.
She stated that it sounds like the
development is coming.
Mr. Hojnacki stated that he was pleased
that things were moving along.
Mr. Donoho asked was there any action
needed to be taken on the letter.
Mrs. Kolata stated the staff is pleased that
Memorial wants to be a part of the
project and Trammell Crow wants to
work with Memorial to allow that to
happen.
Mrs. Kolata stated that she thinks what
needs to take place, is that the
Commission refer this to staff to try and
sit down with all the parties to discuss
how development of a project that
includes both Memorial and Trammell
Crow might take place, to discuss the
various issues, and come back to the
Commission with specifics about how
such development may take place with
some documents. She stated we need a
specific proposal as to how things would
change.
Mrs. Auburn stated that as usual when
you start out on a project like this, you
start one plan and over time things
change. She stated that people come in
and look at space and different
configurations but the original intent of
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r .
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
h. continued....
the use of that property has not changed,
that is, to get development, to get office
development, to get some multi -use,
kinds of corporations and organizations
configured on that block.
Mrs. Auburn stated that the fact that
Memorial is now interested in joining
with some of the other people in the
discussion stage, is certainly a positive
move. She also stated that Memorial has
been a key community developer and a
key community player.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
moved that the staff be directed to meet
with representatives of Memorial and
Trammell Crow, to discuss specific
details about development on the
downtown site that includes both
Trammell Crow and Memorial. Any
specific proposals that the parties may
reach should be memorialized, and
submitted to the Commission for its
consideration by October 18, 1996 with a
progress report.
I. Commission approval requested for
Certificate of Waiver in connection
with the Rental Rehab Loan Program
for property located at 829 E. Miner
Street. (Paul W. and Mary Jo Quinn)
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COMMISSION MOVED THAT THE STAFF MEET
WITH THE REPRESENTATIVES OF MEMORIAL
AND TRAMMELL CROW, TO DISCUSS SPECIFIC
DETAILS ABOUT DEVELOPMENT ON THE
DOWNTOWN SITE THAT INCLUDES BOTH
TRAM1v1ELL CROW AND MEMORIAL. ANY
SPECIFIC PROPOSALS THAT THE PARTIES MAY
REACH SHOULD BE MEMORIALIZED, AND
SUBMITTED TO THE COMMISSION FOR ITS
CONSIDERATION AND RETURN BY OCTOBER 18,
1996 WITH A PROGRESS REPORT
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
L continued....
Mrs. Kolata noted that this Certificate of
Waiver forgives $453.16 as of September
11, 1996.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
approved the Certificate of Waiver in
connection with the Rental Rehab Loan
Program for property located at 829 E.
Miner Street. (Paul W. and Mary Jo
Quinn)
j. Commission approval requested for
Certificate of Waiver in connection
with the Rental Rehab Loan Program
for property located at 422 N. College.
(Housing Development Corporation)
Mrs. Kolata noted that this Certificate of
Waiver forgives $2,600.00 as of March 4,
1996.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
approved the Certificate of Waiver in
connection with the Rental Rehab Loan
Program for property located at 422 N.
College. (Housing Development
Corporation)
k. Commission approval requested for
Certificate of Waiver in connection
with the Rental Rehab Loan Program
for property located at 712 Lindsey.
(Louis M. and Mary H. Seago)
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COMMISSION APPROVED THE CERTIFICATE OF
WAIVER IN CONNECTION WITH THE RENTAL
REHAB LOAN PROGRAM FOR PROPERTY
LOCATED AT 829 E. MINER STREET. (PAUL W.
AND MARY JO QUINN)
COMMISSION APPROVED THE CERTIFICATE OF
WAIVER IN CONNECTION WITH THE RENTAL
REHAB LOAN PROGRAM FOR PROPERTY
LOCATED AT 422 N. COLLEGE (HOUSING
DEVELOPMENT CORPORATION)
f I
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
6. NEW BUSINESS (Cont.)
k. continued....
Mrs. Kolata noted that this Certificate of
Waiver forgives $406.70 as of August 30,
1996.
Upon a motion by Mr. Hojnacki,
seconded by Mr. Donoho and
unanimously carried, the Commission
approved the Certificate of Waiver in
connection with the Rental Rehab Loan
Program for property located at 712
Lindsey. (Louis M. and Mary H. Seago)
7. PROGRESS REPORTS
Mrs. Kolata reported that the Design Review
function that was handled by Tom Eddington
has been transferred over to the Building
Department as of September 9. Jim Markle
will serve as the Design Review
Administrator. So far, it has worked
extremely well. The intent was to try and
streamline the process and make it more
customer friendly by having design review at
the same location where building permits are
issued.
The staff has received a grant from the
Economic Development Administration in the
amount of $60,000 to do a re -use analysis of
the former White Farm property to see if it is
economically viable to revitalize as an
Industrial Park. This is a year long study that
will include estimates on demolition, market
analysis, cost of developing an industrial park
etc.
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COMMISSION APPROVED THE CERTIFICATE OF
WAIVER IN CONNECTION WITH THE RENTAL
REHAB LOAN PROGRAM FOR PROPERTY
LOCATED AT 712 LINDSEY (LOUIS M. AND MARY
H. SEAGO)
P 0
19
South Bend Redevelopment Commission
Regular Meeting - September 20, 1996
There was a closing on the Redevelopment
staff's first house move on September 19,
1996. There is a new homeowner at 608
Pennsylvania.
8. NEXT COMIVIISSION MEETING
The next Regular Meeting of the
Redevelopment Commission is scheduled for
October 4, 1996 at 10:00 a.m.
9. ADJOURNMENT
There being no further business to come
before the Redevelopment Commission, Mr.
Donoho made a motion that the meeting be
adjourned. Mr. Hojnacki seconded the
motion and the meeting was adjourned at
11:1 m. Q/J
Paula N. Auburn, President
NEXT COMMISSION MEETING
Ann E. Kolata, Director
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