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Home My WebLink About04-18-08 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING April 18, 2008 10:00 a.m. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Ms. Marcia Jones, President Mr. Karl King, Vice President Mr. Greg Downes, Secretary Mr. Hardie Blake, Jr. Dr. David Varner Legal Counsel: Mr. Charles S. Leone, Esq. Mr. Lawrence Meteiver, Esq. Redevelopment Staf£ Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Ms. Jennifer Laurent, Economic Development Specialist Mr. Nicholas Witwer, Economic Development Specialist Others Present: Mr. Tom Price, Mayor's Office Mr. Kenneth Peczkowski Mr. Phillip Byrd, South Bend Heritage Foundation Ms. Jamie Loo, South Bend Tribune Ms. Rita Kopala Ms. GlendaRae Hernandez Mr. Wayne Curry Mr. Charles Hayes Mr. Lee Byers Mr. Kevin McCorville, Cressy & Everett Ms. Betty Kariuki Ms. Elijah Hamilton Mr. Dell Owens Cameraman, WNDU The Commission acknowledged the presence of the Common Council's new appointment to the Commission, Dr. David Varner. He was sworn in by the City Clerk on April 17. The Commission has received a copy of his Oath of Office. South Bend Redevelopment Commission Regular Meeting -April 18, 2008 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Friday, March 28, 2008. Ms. Jones noted that the minutes list her as both absent and presiding at the meeting. She was absent and Mr. King presided. Upon a motion by Mr. Downes, seconded by Mr. King and unanimously carried, the Commission approved the Minutes of the Regular Meeting of Friday, March 28, 2008, as corrected. Mr. Varner abstained. B. Approval of Minutes of the Special Meeting of Friday, April 11, 2008. Upon a motion by Mr. Downes, seconded by Mr. King and unanimously carried, the Commission approved the Minutes of the Special Meeting of Friday, April 11, 2008. Mr. Varner abstained 3. APPROVAL OF CLAIMS COMMISSION APPROVED THE MINUTES OF THE REGULAR MEETING OF FRIDAY, MARCH 28, 2008, AS CORRECTED COMMISSION APPROVED THE MINUTES OF THE SPECIAL MEETING OF FRIDAY, APRIL 11, 2008 Redevelopment Commission Claims submitted April 18, 2008 for approval. 305 FUND SBCDA BOND Wightman Petrie 1,355.00 324 AIRPORT AEDA Indiana Michigan Power 63.37 Metropolitan Title Company 600.00 South Bend Water Works 178.16 Selge Construction Co. 210,600.00 Abonmarche 400.00 The Troyer Group 2,955.51 420 FUND TIF DISTRICT-SBCDA GENERAL Meridian Title 100,300.00 Schindler Elevator Corporation 134.91 Indiana Michigan Power 596.56 2 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 CB Richard 3. APPROVAL OF CLAIMS (CONT.) 420 FUND TIF DISTRICT-SBCDA GENERAL continued... Downtown South Bend Inc. Wightman Petrie Michaels Appraisal Service David M. Witt Ralph D Lauver AT&T Rose Pest Solutions Ernest L. Bryant 422 FUND WEST WASHINGTON Indiana Michigan Power South Bend Heritage Foundation Kaser Spraker Co. 430 FUND SOUTH SIDE DEVELOPMENT Lehman & Lehman 619 BLACKTHORN GOLF COURSE Meadowbrook Golf Group, Inc. 1,658.02 18,687.50 9,875.00 2,175.00 1,900.00 3,350.00 27.10 93.00 42,000.00 30.37 228.56 2,285.64 1,855.00 8,000.00 $ 409,348.70 Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved the Claims submitted April 18, 2008, and ordered checks to be released. 4. COMMUNICATIONS There were no Communications. 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. Public Hearings (1) Public Hearing on Resolution No. 2442 COMMISSION APPROVED THE CLAIMS SUBMITTED APRIL 18, 2008, AND ORDERED THE CHECKS TO BE RELEASED THERE WERE NO COMMUNICATIONS THERE WAS NO OLD BUSINESS 3 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 appropriating monies from the 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Redevelopment General Fund (Fund 433) for the purpose of paying for certain expenses incurred by the Redevelopment Commission. Mr. Inks noted that the Public Hearing file is complete, containing (1) a copy of the Notice of Hearing; (2) a copy of Resolution No. 2442, the subject of the public hearing; (3) an affidavit from Carol Smith, Advertising Director of the South Bend Tribune, that the Notice of Hearing was published in that newspaper on Apri14, 2008; and (4) an affidavit from Richard Andrysiak, Classified Manager of the Tri- County News, that the Notice of Hearing was published in that newspaper on Apri14, 2008. Mr. Inks explained that Resolution No. 2442 calls for the appropriation of $15,000 from Fund 433 for the purpose of covering legal expenses for the Department of Community & Economic Development. Together with the funds remaining from a prior appropriation, this will provide sufficient funds to cover legal expenses for 2008. The legal expenses to be covered by this money are expenses related to general department work that cannot be charged to a TIF area budget or to work related to a TIF area that does not have resources to pay its expenses. Ms. Jones opened the Public Hearing for PusLic HEARING oN RESOLUTION No. 2442 whoever wished to speak regarding Resolution No. 2442. There was no one who 4 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 wished to speak Ms. Jones closed the Public 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Hearing for whatever action the Commission wished to take. (2) Commission approval requested for Resolution No. 2442. Upon a motion by Mr. King, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2442 appropriating monies from the Redevelopment General Fund (Fund 433) for the purpose of paying for certain expenses incurred by the Redevelopment Commission. (3) Public Hearing on Resolution No. 2446 amending the Northeast Neighborhood Development Area Development Plan (add properties to acquisition list) Mr. Inks noted that the Public Hearing file is complete, containing (1) a copy of the Notice of Hearing; (2) a copy of Resolution No. 2446; (3) an affidavit from Carol Smith, Advertising Director of the South Bend Tribune, that the Notice of Hearing was published in that newspaper on Apri14, 2008; (4) an affidavit from Richard Andrysiak, Classified Manager of the Tri- County News, that the Notice of Hearing was published in that newspaper on Apri14, 2008; (5) a statement from Bill Schalliol that on April 4, 2008 affected property owners and registered neighborhood associations were sent notice of the Public Hearing; (6) the mail was checked prior to this meeting. COMMISSION APPROVED RESOLUTION NO. 2442 APPROPRIATING MONIES FROM THE REDEVELOPMENT GENERAL FUND (FUND 433) FOR THE PURPOSE OF PAYING FOR CERTAIN EXPENSES INCURRED BY THE REDEVELOPMENT COMMISSION South Bend Redevelopment Commission Regular Meeting -April 18, 2008 As of 10:00 a.m., April 18, 2008, there was 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... written remonstrance received related to Resolution No. 2446. Mr. Inks read the letter of remonstrance from Mr. Wayne Curry, 1050 Burns Ave. I have been a supporter of new development in my neighborhood for years. I still am. I understand the city needs to grow its tax base. I do not oppose the idea of my house and property being consumed by the development as long as I get what it would cost to replace my house. My house is 2, S00 sft with four bathrooms, two full kitchens and six bedrooms. Modern construction costs are well over $100/sft these days. The numbers I have heard my neighbors being offered for their properties is downright insulting. Should I not be offered what I deem to be fair for what I have, I would like to pursue possibly leaving my house in development and they can draw me into the new neighborhood. Blight, I believe, has to be determined on a house-by-house basis any more, according to the recent state law. My house is not blighted by any means. At this point I oppose my house being put on any acquisition list until I know what I am being offered. Mr. Schalliol noted that Resolution No. 2446 adds fifteen properties to the acquisition list. Four, owned by the South Bend Housing Authority, are in the Phase 1 section of the project. The other eleven are in the Triangle 6 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 Redevelopment Area south of St. Vincent St, 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... (the Phase 2 area). Acquisition of these properties will be consistent with the development goals and objectives of the Northeast Neighborhood Development Area Development Plan. Mr. King asked Mr. Schalliol to explain the process of acquisition, so the homeowners present could understand it better. Mr. Schalliol explained that if the Commission chooses to add these properties to the acquisition list today, that allows the Commission to go through the various steps of acquisition: ordering title work, surveys, and two appraisals of each property, establishing by resolution the offering price for each property as the average of the two appraisals, and sending a purchase offer to each home owner in the amount of the offering price. At that point the home owner has three options: accept, reject, or reasonably counter the offer. Mr. Schalliol noted that relocation benefits to enable an owner to purchase a comparable house elsewhere are over and above the offering price. If a counter offer is made, that offer must be accepted by the Commission at a regular meeting. Then a closing will be scheduled and the property purchased. Mr. Varner asked if the Commission has the ability to use eminent domain to acquire the property if a purchase price cannot be agreed upon. Mr. Schalliol said that it does. However, in the seven years he has been on 7 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 staff, it has never been used. 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... Mr. Varner asked if inclusion on the acquisition list requires the Commission to complete acquisition. Mr. Schalliol responded that it does not. It gives the Commission the flexibility to begin the due diligence and negotiation processes. Mr. Varner asked if the Commission might remove a property from the acquisition list for any reason. Mr. Schalliol responded that it could and has in the past. Ms. Jones opened the Public Hearing on PusLic HEARING oN RESOLUTION No. 2446 Resolution No. 2446 for whoever wished to speak. Mr. Charles Hayes: Charles S. Hayes, Inc., 814 Marietta St. I own three parcels in the Triangle area. I've been talking to Phil Byrd for a couple years regarding this issue. We would like to reserve the right to trade those properties for another piece of property, so adding to Mr. Schalliol's list of alternatives. We want to make sure it's on the record. that we don't necessarily need to sell to the Commission, but have the ability to trade for some build-able lots. There was no one else who wished to speak regarding Resolution No. 2446. Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. South Bend Redevelopment Commission Regular Meeting -April 18, 2008 6. NEW BUSINESS (CONT.) A. Public Hearings (4) Commission approval requested for Resolution No. 2446. Mr. Varner asked Mr. Curry if Mr. Schalliol's explanation of the acquisition process eased his concerns. Mr. Curry responded that Mr. King had given him an explanation before the meeting. Understanding that he would not have to accept the offer initially extended by the Commission, and understanding that there are relocation benefits in addition to the offer, he is willing to be added to the list. Mr. King noted that he has been working in the Northeast Neighborhood for ten years and Mr. Curry has been involved in revitalization plans all that time. He is not just thinking about his own property. He is also concerned for the neighborhood as a whole. That is commendable, especially for a person who is likely to be affected. Ms. Jones noted that being on the acquisition list does not mean that the Commission has an exclusive right to buy that property. Anyone can purchase that property. Mr. Schalliol agreed. Upon a motion by Mr. King, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2446 amending the Northeast Neighborhood Development Area Development Plan. COMMISSION APPROVED RESOLUTION NO. 2446 AMENDING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN 9 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area There was no business in the South Bend Central Development Area. C. Airport Economic Development Area (1) Commission approval requested for Resolution No. 2449 accepting the transfer of property from the City of South Bend, Indiana. (Lot 5, Park One Northwest) Mr. Witwer noted that on Monday the Board of Public Works approved transfer of Lot 5, Park One Northwest to the Redevelopment Commission. Resolution No. 2449 accepts that transfer. We have already had a study done to determine how much of the lot is needed for water retention. There are three parties interested in developing this parcel, so staff will ask to put the property up for bid and see if there is a suitable development for the developable acreage on the parcel. Mr. King asked if there might be environmental problems with the property. Mr. Inks responded that staff will check with Engineering on that, but the fact that it was previously farmland and has been a retention area should mean that there are no environmental concerns. Upon a motion by Mr. King, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2449 accepting the transfer of property from the City of South Bend, Indiana, subject to environmental review. (Lot 5, Park One Northwest) COMMISSION APPROVED RESOLUTION NO. 2449 ACCEPTING THE TRANSFER OF PROPERTY FROM THE CITY OF SOUTH BEND, INDIANA, SUBJECT TO ENVIRONMENTAL REVIEW. (LOT 5, PARK ONE NORTHWEST 10 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (2) Filing of Resolution No. 2450 adding properties to the acquisition list and setting a public hearing on Resolution No. 2450 for 10:00 a.m., June 6, 2008. (V/L on Bendix, 1033 N. Bendix, 1202 Lafayette and 2014-2020 S. Main) Mr. Witwer noted that Resolution No. 2450 will amend the Airport Economic Development Area Development Plan by adding nine properties to the acquisition list. Staff requests approval to set the public hearing, not for June 6, but for May 16, 10:00 a.m. Upon a motion by Mr. King, seconded by Mr. Downes and unanimously carried, the Commission accepted for filing Resolution No. 2450 and set a public hearing on Resolution No. 2450 for 10:00 a.m., May 16, 2008. (3) Commission approval requested for Certificate of Completion in the Airport Economic Development Area. (Phase I Carbonmill Plaza) Mr. Witwer noted that Cressy & Everett has completed phase one of their Carbonmill Plaza development, 10,000 sft The Certificate of Completion will allow return of the $12,100 performance guarantee. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved the Certificate of Completion for Carbonmill Plaza Phase I in COMMISSION ACCEPTED FOR FILING RESOLUTION No. 2450 AND sET A PuBLIc HEARING ON RESOLUTION NO. 2450 FOR 10:00 A.M., MAY 16, 2008 COMMISSION APPROVED THE CERTIFICATE OF COMPLETION FOR CARBONMILL PLAZA PHASE I IN THE AIRPORT ECONOMIC DEVELOPMENT AREA 11 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 the Airport Economic Development Area. 6. NEW BUSINESS (CONT.) D. West Washington-Chapin Development Area (1) Staff report on Engman Natatorium project in the West Washington Chapin Development Area. Mr. Schalliol noted that South Bend Heritage Foundation has submitted the first quarterly report of 2008 on the Engman Natatorium project. Phase I has been closed out. Phase II is going out to bid. Work will begin on Phase II this spring. Mr. Varner asked if this project is being funded by the West Washington TIF. Mr. Inks responded that it is. Upon a motion by Mr. King, seconded by COMMISSION ACKNOWLEDGED RECEIPT OF THE Mr. Downes and unanimously carried, the FIRST QUARTERLY REPORT 2008 FROM SOUTH COmmisslOn acknOWledged recelpt Of the BEND HERITAGE FOUNDATION ON THE ENGMAN NATATORIUM First Quarterly Report 2008 from South Bend Heritage Foundation on the Engman Natatorium. E. South Side Development Area There was no business in the South Side Development Area. F. Northeast Neighborhood Development Area There was no business in the Northeast Neighborhood Development Area. G. Douglas Road Economic Development Area There was no business in the Douglas Road Economic Development Area. 12 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 Commission Role in Contract Staff Property Description Transaction Contractor Service Provided Amount Member Triangle, Ph. 2 Acquisition Meridian Title Title Searches $1,600.00 Schalliol (16 parcels) 6. NEW BUSINESS (CONT.) H. Ratification of Service Contracts Upon a motion by Mr. King, seconded by Mr. Varner and unanimously carried, the Commission ratified the service contract listed below. 7. PROGRESS REPORTS Mr. Inks reported on the Eddy Street Commons project. PROGRESS REPORTS There is a tentative closing date the end of April on the land transaction between the University of Notre Dame and Kite Development. On Apri130 we expect the Redevelopment Authority to enter into a lease with the Commission for the land under the parking garage. Then at the Commission's May 2 meeting we expect to accept the easements from Kite necessary to proceed with construction of the parking garage. After that, the city can award construction contracts and begin construction of the garage. Mr. Inks also reported that the Board of Public Works approved a contract with Umbaugh & Associates to look at the effect of recent state legislation on the revenues of the city, including TIF revenues. Their report should be ready for review in a month or so. 8. NEXT COMMISSION MEETING 13 South Bend Redevelopment Commission Regular Meeting -April 18, 2008 The next meeting of the Redevelopment Commission is scheduled for Friday, May 2, 2008 at 10:00 a.m. 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. King made a motion that the meeting be adjourned. Mr. Downes seconded the motion and the meeting was adjourned at 10:30 a.m. _ ~~~~ D~~~:~~..inl~; L~ire~.tbr. ~ ~ . 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