Loading...
HomeMy WebLinkAbout03-14-13 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING March 14, 2013 9:30 a.m. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Ms. Marcia Jones, President Dr. David Varner, Vice President Mr. Donald Alford Sr., Secretary Mr. Greg Downes Ms. Valerie Schey Mr. John Stancati Legal Counsel: Mr. Lawrence Meteiver, Esq. Redevelopment Staff: Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Mr. David Relos, Economic Development Specialist Mr. Jitin Kain, Economic Development Specialist Ms. Debrah Jennings, Property Manager Others Present: Mr. Scott Ford, Executive Director Mr. Cecil Eastman, Administration & Finance Mr. Mark Seaman, Prism Science Mr. Erin Blasko, South Bend Tribune Mr. Mike Schmuhl, Deputy Mayor Mr. Aaron Perri, Downtown South Bend Ms. Mo Miller Mr. David Hodges Ms. Angela McCaslin, Community Investment 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Thursday, February 28, 2013 Upon a motion by Mr. Alford, seconded by Mr. Downes and unanimously carried, the Commission approved the Minutes of the Regular Meeting of Thursday, February 28, 2013. South Bend Redevelopment Commission Regular Meeting —March 14, 2013 3. APPROVAL OF CLAIMS 324 AIRPORT AREA Plews Shadley Racher & Braun LLP 2,935.55 Legal Service - Studebaker Cost Recovery/ Environment/ARG Corp /Cost Recovery Grauvogel & Associates 200.00 Olive Plow RCRA LQG Review IDEM 1,666.05 Olive Plow Works Site VWR 7,127.88 F Cubed Laboratory Equipment Water South Bend Water Works 105.67 Unity Garden Hull & Associates, Inc. 4,928.75 Consulting/Offsite GWS for VRP/MW & SVP Installation & RWP Prep Ignition Pk Plews Shadley Racher & Braun LLP 3,916.07 Legal Service - Union Station Technology Center Plews Shadley Racher & Braun LLP 4,281.50 Legal Services - Bosch/Honeywell Weaver Boos Consultants 1,038.56 Ivy Tower Faegre Baker Daniels 8,105.00 Legal Services DHA 3,615.00 Survey Fisher Scientific 107.80 F Cubed Laboratory Equipment Water ARC 62.52 Ignition Pk South Bend Water Works 2,827.38 2721 Kenwood Ave / 401 N Bendix Dr. Guard / 401 N Bendix Dr. Meridian Title 346,696.48 Wire Transfer Closing 3/22/13 Acquisition for 917 S Lafayette Hamilton Towing Donohue/Herceg Associates 965.00 Sheridan Ave & Lincoln Way West Design 420 FUND TIF DISTRICT -SBCDA GENERAL Abonmarche 320.00 Niles Ave Right -of -Way South Bend Water Works 164.17 514 St. Multi- Family Dwelling/701 E Scott Residential/ 325 S Lafayette DTSB 18,750.00 Streetscape Enhancements & Business Recruitment Rose Pest Solution 103.00 LaSalle Hotel 426 FUND SOUTH BEND CENTRAL MEDICAL DISTRICT DLZ 7,190.00 Engineering 430 FUND SOUTH SIDE DEVELOPMENT TIF AREA #1 DLZ 6,220.00 Ireland RW Acquisition Christopher Burke Engineering LLC 8,437.00 Corridor Improvements vs. Intersection Improvements / Fellows St 429 763.38 Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Claims submitted March 14, 2013. pi South Bend Redevelopment Commission Regular Meeting —March 14, 2013 4. COMMUNICATIONS There were no Communications. 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. South Bend Central Development Area (1) Temporary Use and Management Agreement with Downtown South Bend, Inc. (Parking lots at 225 Main Street and 121 St. Joseph St.) Ms. Jennings noted that in order to incorporate the management of all Redevelopment Commission owned parking facilities; staff has drafted a Temporary Use and Management Agreement between the City of South Bend Department of Redevelopment and Downtown South Bend, which is currently managing the parking garages. The agreement's initial term begins April 1, 2013 and terminates on March 31, 2015, with an automatic renewal term of one year on each anniversary date. The agreement is made "temporary" because these lots are for sale. Therefore, the agreement may be terminated with thirty (30) days written notice of cancellation to Downtown South Bend (DTSB). Staff recommends approval. Ms. Jones asked what else Ampco manages in the downtown. Ms. Jennings responded that they only manage these two lots. Ms. Schey asked what the listing price for these two lots is. Mr. Inks responded that Commission has gone through the disposition on the 225 Main Street, but he does not recall the listing price. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Temporary Use and Management Agreement with Downtown South Bend, Inc. (Parking lots at 225 Main Street and 121 St. Joseph St.) (2) Proposal for architectural services related to the Studebaker Plaza Mr. Kain noted that Joseph Dzierla & Associates, Inc. has submitted a proposal to prepare construction and bidding documents for the Studebaker Plaza project. Jennifer and John Griffin, architects for the design of the plaza space, recently completed a concept design that meets all the criteria established for this space. The next step is to South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS B. South Bend Central Development Area (2) continued... create construction and bidding documents that the Board of Public Works will use to bid out the project. Staff requests approval of the attached professional services agreement in an amount not to exceed $26,600. These costs are part of the approved project budget of $295,214.20. Mr. Varner asked when there is moveable furniture, who is tasked with making sure that it's neatly repositioned on a daily basis. Mr. Kain responded that there will not be new furniture purchased for this area. DTSB has furniture stored in its office, that is set out in the spring and summer months between the hours of 11 -3 and is stored during the winter. Mr. Varner asked if the plaza property is still owned by Wells Fargo bank. Mr. Kain responded that it does. Mr. Varner asked how long the Commission will have the use of this property, since it has made a sizable investment in it. Mr. Kain responded that the Redevelopment Commission does not have a lease on this property. This is being done through a license agreement which allows the City of South Bend to go on private property and make improvements. Because this is a public plaza space, staff is looking into liability issues. There has been discussion about shared liability between the developer and the City of South Bend, so that could result in the creation of a lease agreement. Mr. Varner would like to see that done. Mr. Downes asked if staff expects there will be more street vendors taking advantage of the space on the property. Mr. Kain responded that the hot dog stand has had a very successful operation downtown. He thinks it would add vitality to downtown if there were more vendors. There will be a kiosk at the outer corner of the plaza which could be used by a food vendor, among other uses. Ms. Schey asked whether street vendors wouldn't be unfair competition for the established restaurants downtown. Mr. Kain responded that the lunchtime demand has capacity for a couple more street vendors, but he agrees that the number would have to be limited to not cut into restaurant business. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved the proposal for architectural services related to the Studebaker Plaza for the scope of services and fee proposed. B. Airport Economic Development Area (1) Resolution No. 3126 related to acquisition of property in the Airport Economic Development Area (726 -730 E. Sample St.) 4 South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS B. Airport Economic Development Area (1) continued... Mr. Relos noted that Resolution No. 3126 sets the acquisition offering price for the Hamilton Towing property at 726 — 730 E. Sample St. at $27,750. This property is the last of multiple properties that have been acquired in this area since 2001, the average of two independent appraisals of the property. This property was added to the Airport Economic Development Area Acquisition List by Resolution No. 1839 on July 20, 2001. It is improved with a one story commercial building containing 3,940 square feet. Housed in the building is a wood working business. Staff recommends approval of Resolution No. 3126. Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 3126 related to acquisition of property in the Airport Economic Development Area (726 -730 E. Sample St., Hamilton Towing) (2) Lump Sum Administrative Settlement for 726 -730 E. Sample St Mr. Relos noted that staff has spent substantial time assisting the owner in finding a suitable building for his business, to no avail. The owner is willing to sell his property for a lump sum administrative settlement of $100,000, in lieu of the multiple costs to which he would be entitled under the Uniform Relocation Act. He will find his own location and improve it to meet his needs. Staff estimates of actual acquisition and relocation costs range from $100,000 to $175,000. Staff requests approval of the administrative settlement so that we can move forward with acquisition and clearance of this property. Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission approved the Lump Sum Administrative Settlement for 726 -730 E. Sample St. (3) Revision of Ignition Park Planned Used Development Mr. Kain noted that the Ignition Park PUD was adopted by the South Bend Common Council on December 13, 2010. The PUD provides guidance on how the land uses in the tech park will be developed and sets rules for setbacks, building height, parking and other site amenities. When the PUD was approved, a Master Plan for Ignition Park had not been developed, so information reflected in the current PUD is outdated. Additionally, after Data Realty Northern Indiana, LLC went through the design approval process, it was determined that South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS B. Airport Economic Development Area (3) continued... a few elements like the height requirements needed to be changed. The minimum height for all buildings currently in the PUD is 26' which does not allow for single story structures. Staff would also like to revise the current land uses to be more inclusive, allowing more uses compatible with the high tech uses currently listed. Staff requests Commission approval to begin the process of amending the PUD with the Area Plan Commission. Staff additionally requests approval of an amount not -to- exceed $3,500 as filing fees for the PUD from the AEDA TIF. Mr. Varner said that he thought the purpose of the PUD was to give latitudes in which one could make decisions without having to get involved in variances, etc. If so, why is this an issue? Mr. Kain responded that the PUD is rigid; it sets minimum setbacks, height requirements, etc. It can be pretty flexible, but not too flexible. We would like to make it more flexible, more development friendly. Mr. Meteiver noted that when an area is being developed there are constraints by the city's zoning ordinance. The PUD provides a clean slate for that area and you can develop whatever plan there is for development and use that you want. It's not completely free form, in that the Commission needs to establish some parameters. What Mr. Kain has stated is when we established those parameters, they were fairly rigid; now we want to amend those parameters. Mr. Varner noted he would have expected that the planning for the PUD originally would have been flexible enough to allow staff to make the decisions without Data Realty having to come to the Redevelopment Commission for these things. Mr. Kain responded that Data Realty's experience is the reason for this request. Ms. Jones also asked whether the $3,500 of filing fees needed that with the additional request for the $3,500 for filing fees; is that after the amending to file it, or will it be filed before the process of amending. Mr. Kain responded that it gets filed after the amending. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission authorized staff to proceed to with revisions to the Ignition Park Planned Used Development. C. West Washington - Chapin Development Area (1) Resolution No. 3123 approving and authorizing the execution of an Addendum to the Master Agency Agreement with the Board of Public Works (William Streetscape Project) G South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS C. West Washington- Chapin Development Area (1) continued... Mr. Relos noted that Resolution No. 3123 approves an Addendum to the Master Agency Agreement for the William Streetscape Project. This project will remove and replace cross walks, curbing, sidewalks, and tree lawns along the west side of William Street between LaSalle and Washington. The Commission currently owns the old Basic Machine property at the southwest corner of LaSalle and William. The sidewalk along that half block has been slowly sinking for several years. The project will repair that problem and add new tree lawns to match the east side of William Street. As part of the project, new ADA compliant cross walks will be installed at the intersections of LaSalle, Colfax, and Washington, complimenting the recently announced City of South Bend ADA Transition Plan. Funding for this project will be from the WWCDA TIF, with an estimated cost of $130,000. Implementation will be overseen by the city's Engineering Department. Mr. Varner wondered if the cost was reasonable. Mr. Relos responded that a large part of the cost is for the ADA ramps. Mr. Varner also asked if conduit was being installed at the same time. Mr. Relos responded that there will not be because the tree lawn wouldn't allow it for it. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 3123 approving and authorizing the execution of an Addendum to the Master Agency Agreement with the Board of Public Works (William Streetscape Project) D. South Side Development Area (1) Resolution No. 3125 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Ireland Road Right of Way Acquisition Services — Supplement #1) Mr. Schalliol noted that Resolution No. 3125 and Amendment #1 to the Addendum to Master Agency Agreement is for the Ireland Road Right Of Way Acquisition Services Project. Over the past several years, the City of South Bend has made plans to improve traffic circulation and pedestrian accessibility within the Erskine Hills Shopping District / Ireland Road Corridor. In the fall of 2012, the Commission approved the original addendum to target 5 right -of -way (ROW) acquisitions to allow for planned ROW improvements on Ireland and Miami. The ROW targets were at the intersection of Ireland and High, along the east side of 7 South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS D. South Side Development Area (1) continued... Miami at the Broadmoor Plaza, and at the northwest corner of Ireland and Fellows. The first property ready to be acquired is a portion of the northwest corner of Ireland and Fellows. The acquisition of both permanent and temporary ROW allows for the following: 1. Readjustment of the Ireland Rd ROW/Property line to a point from the centerline to a point immediately adjacent to the existing sidewalk. By shifting the ROW /Property line, Ireland Road and the Ireland Road sidewalk will be located within dedicated public ROW instead of on prescriptive ROW. 2. The erection of the new signal pole within public ROW. The State of Indiana, as part of its Fellows Street improvement project south of Ireland, will be modifying the intersection to move and replace the signal pole. 3. The city's proposed improvements on Fellows Street north of the intersection. The cost of the final settlement with the property owner of 411 E Ireland is $17,236.00 for the purchase of all permanent and temporary ROW. A copy of the purchase documentation is attached as Exhibit C in the Amendment document. Staff requests approval of Resolution No. 3125 and Amendment #1 to the Addendum to the Master Agency Agreement for the Ireland Road Right Of Way Acquisition Services Project. Upon a motion by Mr. Downes, seconded by Ms. Schey and unanimously carried, the Commission approved Resolution No. 3125 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Ireland Road Right of Way Acquisition Services — Supplement #1) (2) Resolution No. 3127 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Main/Lafayette Corridor Project — Supplement #8) Mr. Schalliol noted that on November 21, 2011, the Commission and the Board of Public Works approved Amendment #4 to the Master Agency Agreement to create a $1,225,000 budget. With the addition of these 8 acquisitions, there is a need to finalize the acquisition budget. The original estimate for acquisition was $1,224,565, but there have been changes in values associated with some of the purchases (such as relocation expenses), and additional costs like with the Gates transaction approved at the last Commission meeting that have increased the project budget. The original estimate was a projection to be used for budgeting purposes and it was recognized that an adjustment would likely be needed. South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS D. South Side Development Area (2) continued... The purpose of this supplement is to add $347,637.00 to the acquisition right -of -way line item to cover the final acquisitions associated with the Main - Lafayette project. All of the acquisitions have been negotiated and the total acquisition amount will be $1,501,315. Staff requests approval of Resolution No. 3127 and the Addendum to Master Agency Agreement for the Main - Lafayette Corridor Project, Supplement #8. Ms. Schey asked if a portion of the three two -way traffic studies the city has had done over the last seven years included the Main and Lafayette corridor. Mr. Schalliol responded that it did not. It only included the downtown South Bend area, north of Sample to a point north of Memorial Hospital. But this project will coordinate with the long term two -way traffic plan. Mr. Ford noted that in a previous report there was a long term projection of what two -way traffic would mean down to Ireland Rd. Upon a motion by Mr. Downes, seconded by Ms. Schey and unanimously carried, the Commission approved Resolution No. 3127 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Main/Lafayette Corridor Project — Supplement #8) (3) Resolution No. 3128 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Fellows Street Corridor Improvement Project — Supplement #5) Mr. Kain noted that the Fellows Street Corridor Improvement Project — Supplement #5 authorizes the Board of Public Works to act as the Commission's agent for the project and sets the budget for right -of -way acquisition. The draft engineering plans for the Fellows Street intersection, sidewalk, and drainage improvements indicate the need for full acquisition of one property, partial acquisition along with additional construction easement/temporary right -of -way areas for three properties, and construction easements only for seven properties. The proposal from DLZ Indiana is for $135,990 to provide right -of -way acquisition services for these eleven properties. This proposal includes title abstracting, appraisals, transfer documents, negotiation, closing, relocation, title policy, recording, and related services. The preliminary estimates for actual acquisition total $165,000. The total project budget for acquisition is, therefore, $300,990. Staff requests approval of Resolution No. 3128 and a project budget of $300,990. Ms. Jones asked how many pieces of property will be acquired. Mr. Kain responded that there are four, one full acquisition and three partial acquisitions. X South Bend Redevelopment Commission Regular Meeting —March 14, 2013 6. NEW BUSINESS D. South Side Development Area (3) continued... Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 3128 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement with the Board of Public Works (Fellows Street Corridor Improvement Project — Supplement #5) E. Northeast Neighborhood Development Area There was no business in the Northeast Neighborhood Development Area. F. Douglas Road Development Area There was no business in the Douglas Road Development Area. G. Ratification of Services Contracts Upon a motion by Mr. Downes, seconded by Ms. Schey and unanimously carried, the Commission ratified the Services of Contracts approved by staff since February 28, 2013. 7. PROGRESS REPORTS Mr. Inks noted that an RFP for the LaSalle Hotel will be published Friday, March 15, 2013 in the South Bend Tribune. Staff has been contacted by several interested developers about the hotel. The property has already gone through the formal disposition process, so this is an internal process. Mr. Inks noted that in an effort to make our meetings more public - friendly, staff intends to use the new electronic white board in future meetings to display the visuals for the various agenda items. We will be experimenting over the next few meetings as we implement that intent. 10 Commission Role in Transaction Contractor Service Provided Contract Amount Staff Member Coveleski Stadium Disposition Meridian Title Title Work 300 Relos 1509 S. Kendall Acquisition Meridian Title Title Update 75.00 Relos 211 Washington St Acquisition R.E. Pitts Appraisal $3,500 Relos Upon a motion by Mr. Downes, seconded by Ms. Schey and unanimously carried, the Commission ratified the Services of Contracts approved by staff since February 28, 2013. 7. PROGRESS REPORTS Mr. Inks noted that an RFP for the LaSalle Hotel will be published Friday, March 15, 2013 in the South Bend Tribune. Staff has been contacted by several interested developers about the hotel. The property has already gone through the formal disposition process, so this is an internal process. Mr. Inks noted that in an effort to make our meetings more public - friendly, staff intends to use the new electronic white board in future meetings to display the visuals for the various agenda items. We will be experimenting over the next few meetings as we implement that intent. 10 South Bend Redevelopment Commission Regular Meeting —March 14, 2013 8. NEXT COMMISSION MEETING The Next Regular Meeting of the Redevelopment Commission is scheduled for Thursday, March 28, 2013 at 9:30 a.m. 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. Alford made a motion that the meeting be adjourned. Mr. Downes seconded. The meeting was adjourned at 10:10 a.m. Do ald E. Inks, Director 11