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HomeMy WebLinkAbout09-05-08 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING September 5, 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. Greg Downes, Secretary Mr. Hardie Blake, Jr. Dr. David Varner Members Absent: Mr. Karl King, Vice President Ms. Ann Rosen Legal Counsel: Mr. Charles S. Leone, Esq. Mr. Lawrence Meteiver, Esq. Redevelopment Staf£ Mr. Robert Mathia, Director, Economic Development Mrs. Cheryl Phipps, Recording Secretary Ms. Jennifer Laurent, Economic Development Specialist Mr. Nicholas Witwer, Economic Development Specialist Ms. Debra Jennings, Property Manager Mr. Jeff Gibney, Executive Director Others Present: Mayor Stephen Luecke Mr. Tom Price, Mayor's Office Ms. Mikki Dobski, Mayor's Office Mr. Mark Peterson, WNDU Ms. Jamie Loo, South Bend Tribune Ms. Rita Kopala Ms. GlendaRae Hernandez Ms. Linda Wolfson, Community Forum for Economic Dev Mr. Shawn Todd, CB Richard Ellis Mr. Andrew Place Jr. Mr. Andrew Place St. 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Friday, August 15, 2008. Upon a motion by Mr. Downes, seconded by Mr. COMMISSION arrxovED TxE MINUTES of TxE Blake and unanimously carried, the Commission REGUEax MEETING of FRIDAY, AUGUST 15, 2008 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 2. APPROVAL OF MINUTES (CONT.) A. continued... approved the Minutes of the Regular Meeting of Friday, August 15, 2008. 3. APPROVAL OF CLAIMS Redevelopment Commission Claims submitted September 5, 2008 for approval. 305 FUND SBCDA BOND 101 N Michigan Exterior Facade Majority Builders, Inc. 153,149.69 Renovation 324 AIRPORT AEDA Downtown South Bend (Gates Aerovision Aerial Photography 800.00 Properties, Covaleski Stadium, etc.) 501 Wenger St SPRK SYS/Johnson Indiana Michigan Power 6.28 BLVD Indiana Michigan Power 19.17 420 S Williams St. South Bend Water Works 318.16 Sprinkler 1000 Fellows St. Meridian Title Corporation 194,594.69 Superclean 18 on Bendix Drive Abonmarche 3,051.75 US 31 & Adams Road Interchange Grading & seeding retention pond on Walsh & Kelly 6,400.00 Dylan Dr. Sample/Arnold/Western Traffic Signal SBD 144.44 Comm. Upgrade Sample/Arnold/Western Traffic Signal South Bend Tribune 55.20 Comm. Upgrade Sample/Arnold/Western Traffic Signal Tri County News 58.61 Comm. Upgrade Appraisal Fee Grace St/Ford/Arnold/Lot Michaels Appraisal Service 4,200.00 25 Bunns Sub David M. Witt 3,900.00 Appraisal Fee Grace St/Ford/Arnold Land Survey showing all easement for DHA 3,546.50 proposed Transpo site Hull & Associates 2,255.80 Ph I for Additional Eckler-Lahey Appraisal Report Two Vac. Lots 2014- Jerome E. Michaels, MAI 1,850.00 2018 S. Main St. Appraisa12014 S Main St (Sec Main & R.E McCloskey & Associates 1,000.00 Bowman) Appraisa12018 S Main St (B&R R.E McCloskey & Associates 1,000.00 Investments) 2006 Pay 2007 Tax Increment Crowe Chizek & Co. 9,299.44 Financing Neutralization Sopko, Nussbaum, Inabnit & Kaczmarek 151.88 Legal Services 2 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 3. APPROVAL OF CLAIMS (CONT.) 420 FUND TIF DISTRICT-SBCDA GENERAL Ampco System Parking Ampco System Parking CB Richard Ellis AT&T Rose Pest Solutions South Bend Tribune Michiana Lock & Key, Inc South Bend Tribune Lawson-Fisher Associates Mathews-Purucker Anella, Inc. Abonmarche Crowe Chizek & Co. Indiana Michgan Power CB Richard Ellis Sopko, Nussbaum, Inabnit &Kaczmarek 775.07 225 S. Main Street Lot 1,934.89 St. Joseph Surface Lot 592.31 Management Fee & General Maint. 27.11 Security Phone for LaSalle Hotel 93.00 LaSalle Hotel Pest Control 56.64 Demo of Former Gates Chevy Bldg Service Call cylinder rekeyed on 95.00 site/regular keys cut for Gates Bldg 36.96 500 Block S. Michigan St. Fat Daddy So. Main St. to Lafayette Blvd 8,419.21 Connector 6,240.00 Fat Daddy's Block of S. Michigan Courtyard by Marriott DTSB replat, 2,150.00 easement, right of Way Vacation 2006 Pay 2007 Tax Increment 3,632.26 Financing Neutralization 150.18 LaSalle Hotel Electric Service 599.88 LaSalle Hotel Management Fee 2,070.00 Legal Services 422 FUND WEST WASHINGTON South Bend Tribune Crowe Chizek & Co. 98.38 Notice to Bidders Engman Natatorium 2006 Pay 2007 Tax Increment 483.26 Financing Neutralization 426 CENTRAL MEDICAL SERVICE AREA Crowe Chizek & Co. 430 FUND SOUTH SIDE DEVELOPMENT Brooks Construction Crowe Chizek & Co. 2006 Pay 2007 Tax Increment 840.89 Financing Neutralization Ireland & Miami Intersection 9 8, 3 8 8.15 Improvement 2006 Pay 2007 Tax Increment 1,349.13 Financing Neutralization 433 FUND REDEVELOPMENT ADM1N GENERAL Sopko, Nussbaum, Inabnit &Kaczmarek 3,841.88 435 FUND DOUGLAS ROAD Crowe Chizek & Co. 28.89 Legal Services 2006 Pay 2007 Tax Increment Financing Neutralization Total $ 512,484.80 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 3. APPROVAL OF CLAIMS (CONT.) Upon a motion by Mr. Downes, seconded by Mr. King COMMISSION APPROVED THE CLAIMS and unanimously carried, the Commission approved the susMITTED SEPTEMBER 5, 2008, AND ORDERED Claims submitted September 5, 2008, and ordered THE cHECxs To sE RELEASED checks to be released 4. COMMUNICATIONS There were no Communications. THERE wERE NO COMMUNICATIONS 5. OLD BUSINESS A. South Bend Central Development Area (1) Proposal for professional services in the South Bend Central Development Area. (Conceptual design Willliam & Lafayette) Mr. Mathia noted that Wightman Petrie submitted a proposal to provide conceptual design development for two-way traffic on William & Lafayette between Lincolnway/LaSalle and Western Ave. Two- way traffic on those streets has become a key element in the circulation planning for Coveleski Park. The cost for the design work is $8,240. Staff recommends approval. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved the request for proposal for conceptual design in the South Bend Central Development Area and accepted the proposal from Wightman Petrie for the scope of services and fee proposed. 6. NEW BUSINESS A. Receipt of Bids (1) Receipt of Bids for 118 N. Main Street in the South Bend Central Development Area. (JMS Parking Lot) COMMISSION APPROVED THE REQUEST FOR PROPOSAL FOR CONCEPTUAL DESIGN IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ACCEPTED THE PROPOSAL FROM WIGHTMAN PETRIE FOR THE SCOPE OF SERVICES AND FEE PROPOSED 4 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS A. Receipt of Bids (1) continued... There were no bids received by the 10:00 a.m. deadline. Ms. Laurent noted that she has received a Letter of Interest for purchase of the property, but it is not in the amount of the asking price. (2) Receipt of Bids for Lot 5 Ameritech Drive in the Airport Economic Development Area. No bids were received by the 10:00 a. m. deadline. B. South Bend Central Development Area Ms. Jones noted that item 6.B.(1) belongs under the Airport Economic Development Area and item 6.J.(1) should have been under the South Bend Central Development Area. If there is no objection, they will be moved and considered in their property place. There was no objection. (1) First Amendment to Contract for Sale of Land for Private Development and Development Agreement. (NW corner St. Joseph and Jefferson) Ms. Laurent noted that Jeffcourt Inc. entered into a Development Agreement and Contract for Sale of Land for the St. Joseph and Jefferson Street property on June 6, 2008 for construction of a Courtyard by Marriott and Fairfield Suites hotel. Since that date staff has been working through the necessary steps contemplated in the contract to vacate a portion of DeRue Court and the Hall of Fame NO BIDS WERE RECEIVED BY THE 10:00 A.M. DEADLINE NO BIDS WERE RECEIVED BY THE 10:00 A.M. DEADLINE 5 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (1) continued... parking lotto the north in order to consolidate the disposition parcel with the additional land area required by the development. Easement releases have been granted by all but one utility, and staff is working through that currently with the City Engineer and NIPSCO. This contract allows for a little more time (150 days) to complete this due diligence phase, and also addresses our concern that public parking be provided until the time construction begins. By this amendment the Commission would be allowed to lease back the property after closing, provided we assume responsibility for the expenses and management of parking until either the developer begins excavation work on the site or March 15, 2009. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved the First Amendment to Contract for Sale of Land for Private Development and Development Agreement. (NW corner St. Joseph and Jefferson) (3) Option Contract with LaSalle Housing Partners, L.P. (LaSalle Hotel) Item 6.B.(3) was tabled. (4) Staff report on disposition of property in the South Bend Central Development Area. (Former Rink Riverside site) Ms. Laurent noted that Andy Place Sr. and Andy Place Jr. of PlaceBuilders, Inc. have COMMISSION APPROVED THE FIRST AMENDMENT TO CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT AND DEVELOPMENT AGREEMENT. (NW CORNER ST. JOSEPH AND JEFFERSON ITEM 6.B.(3) WAS TABLED. 6 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (4) continued... submitted a proposal to purchase the former Rink Riverside Printing site at Colfax and Sycamore Street in the East Bank area of the South Bend Central Development Area. P1aceBuilders is a local residential development firm with a history of successful, high quality residential subdivision, villa and townhome developments, including Ironwood Villas, Savannah Pass and Gumwood Crossing. P1aceBuilders proposes to construct a multifamily urban brownstone development featuring eleven condominiums, with amenities that capture a wide audience of potential owners, a site plan that maximizes the views of the St Joseph River, and a residential use and density of development that is supported by the recently approved East Bank Plan. Ms. Laurent introduced Andy Place Jr. to explain their design concepts and speak to the timeline they have in mind for construction, as well as the assistance they would seek from the Commission to facilitate the development. Staff intends to continue working with P1aceBuilders and Architecture Design Group (ADG) to refine the exterior materials and design as well as placement of the units to fit with the context of the site, with the goals of integrating secure access to the riverfront walking trail, making efficient use of the small pie-shaped site, and introducing a pleasing view of the attached residential homes from across the Colfax 7 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (4) continued... bridge in the Central Business District. Mr. Place distributed packets containing ADG's concepts for the eleven units to be developed there. He noted that it is a challenging site. The development has not been given a name yet. Each unit will have a two-car garage with a minimum of two spots in the driveway, so there should be ample parking. Sycamore Street is deserted in the evenings, so there should be additional parking on Sycamore when needed. Mr. Place noted that final costs have not been determined, but the price of the units is expected to be around $400,000 - $450,000 for the units on the river, with the units on Sycamore a little less. They do not have financing lined up yet, but expect to soon, and would like to have a model completed by spring 2009. They think the entire project could be completed by the end of 2010. Mr. Place noted several concerns that they have about the site and said that Engineering and Economic Development have been working through them with him. They are asking the city to replace the curbs and sidewalk on Sycamore St., bring water and sewer to the site, remove the guard rail along Colfax, realign the walkway between the river and the property, and offer tax abatement to the residents. Mr. Place also noted that the project will have a five star energy rating, with bamboo South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (4) continued... floors on the first floor, recycled ceramic, high efficiency furnaces and central air units. Mr. Gibney noted that staff has spent time trying to envision the project from both sides of the river. The city will use proceeds from the sale of the land to make improvements for the project and improvements to the west side of the river, the view from the project. Mayor Luecke expressed the city's excitement for this signature project. It complements the city's planning for the East Bank as well as development that has been occurring in the downtown. We keep hearing about people who want to live near the downtown, near the Morris, to the office and work opportunities, to the arts opportunities. This project will meet those needs. He asked for the Commission's favorable action. Ms. Laurent noted that the property was previously offered through the public disposition process at the appraisal average of $337,500. P1aceBuilders seeks a concession on land price with an offer of $150,000, in order to make sales prices for the units more viable in the South Bend market. Staff has found this value for the cleared land to be justified in the pro forma they have presented and a critically important aspect of the project. We want to be able to insure the success of the project, while still making funds available to assist with the cleanup of the riverbank and other 9 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (4) continued... infrastructure needs presented in tandem with the project. Ms. Jones asked how old the appraisals are that the $337K price was based on. Ms. Laurent responded that they were done in 2005. Ms. Jones asked if the TIF budget for the SBCDA has funds for these improvements. Ms. Laurent responded that staff is optimistic that the required improvements can be paid for with proceeds from the sale of the property. This project was not on the radar screen when the SBCDA TIF budget was prepared. The Engineering Department has funds to bring to the table for an environmentally friendly project. They are excited to have a project that may be able to use those funds. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission received the proposal from P1aceBuildings Inc. for the former Rink Riverside Printing site at the northwest corner of Colfax and Sycamore in the South Bend Central Development Area and accepted the concept for development of the site. (5) Resolution No. 2497 accepting the transfer of real property from the South Bend Redevelopment Authority. (Alley/Ingress and Egress Easement near DeRue Ct. and St. Joseph St.) COMMISSION RECEIVED THE PROPOSAL FROM PLACEBUILDINGS INC. FOR THE FORMER RINK RIVERSIDE PRINTING SITE AT THE NORTHWEST CORNER OF COLFAX AND SYCAMORE IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ACCEPTED THE CONCEPT FOR DEVELOPMENT OF THE SITE 10 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS B. South Bend Central Development Area (4) continued... Ms. Laurent noted that on September 3 the South Bend Redevelopment Authority approved a resolution transferring this property to the Commission. Resolution No. 2497 accepts the transfer. This is the thirteen feet required for the Jeffcourt development. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried the Commission approved Resolution No. 2497 accepting the transfer of real property from the South Bend Redevelopment Authority. (Alley/Ingress and Egress Easement near DeRue Ct and St. Joseph St.) C. Airport Economic Development Area 6.B.(2) Resolution No. 2501 approving and authorizing the execution of an Agency Agreement by and between the South Bend Redevelopment Commission and the City of South Bend, Indiana, Board of Public Works relating to the relocation of the Kankakee-Colfax 34.5k V transmission line and distribution lines on the proposed Transpo site. Mr. Witwer noted that there is a very large AEP transmission line that crosses the property committed to the MIND campus. AEP can relocate it to facilitate what we're trying to do in that area. We want the Board of Public Works to oversee the relocation. The Board of Public Works has already approved this agreement. COMMISSION APPROVED RESOLUTION NO. 2497 ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT AUTHORITY. (ALLEY/INGRESS AND EGRESS EASEMENT NEAR DERUE CT AND ST. JOSEPH ST.) 11 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area 6.B.(2) continued... Mr. Varner asked if the Commission will pay for the relocation. Mr. Witwer responded that when we ask for it to be moved, we pay for it. Mr. Varner asked the anticipated cost. Mr. Witwer responded that we expect it to cost about $700,000. The path that this very large line needs to take is down to Indiana and back up, wrapping around another building. It will be paid for from the AEDA TIF. Mr. Varner asked if we have a purchaser for the property. Mr. Witwer responded that Transpo was going to relocate its office and maintenance facility to the middle of this site. They have agreed to change their location to the edge of the site, a little east and a little south of their original site to allow the MIND development a larger, more flexible space. Mr. Varner noted that the only property south of there before the railroad tracks is a small triangle of property. It appears to be the only property that would be gained from the relocation at a cost of $700,000. Couldn't Transpo be relocated without spending the $700,000? Mr. Gibney responded that the powerline relocation facilitates more acquisition than just that little parcel. Mr. Varner asked if the city expects to construct a speculative building at this site. Mr. Gibney responded that the city will not, but a speculative building may be built by 12 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area 6.B.(2) continued... someone else. Mr. Blake asked if we expect the property in Studebaker Corridor to sell for about the same price as land in Blackthorn. Mr. Gibney responded that it will be appraised and offered for the average of two appraisals as is required by redevelopment law. Developers will likely try to negotiate the price. It will be a very competitive environment. We'll have to compete for those companies and those jobs with other communities. Mr. Blake asked if we've made projections about the amount of tax revenue that could be generated from this technology center. Mr. Gibney responded that we have not yet. We are trying to look at the other areas that have these nanotechnology centers and learn from them, but we are just getting started. We will keep the Commission updated as we learn from other parks in the country. Mr. Varner asked if our relationship with Notre Dame for development has been put into a contract. Mr. Gibney responded that the application for designation as and funding for a certified technology park is likely to be the only agreement that we will have related to this. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved Resolution No. 2501 approving and authorizing the execution of COMMISSION APPROVED RESOLUTION NO. 2501 APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, 13 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area 6.B.(2) continued... an Agency Agreement by and between the South Bend Redevelopment Commission and the City of South Bend, Indiana, Board of Public Works relating to the relocation of the Kankakee-Colfax 34.Sk V transmission line and distribution lines on the proposed Transpo site. (1) Resolution No. 2499 related to acquisition of property in the Airport Economic Development Area. (1105 Grace St.) Mr. Witwer noted that several months ago we added residential properties to the acquisition list of the Airport Economic Development Area which are surrounded by the Oliver Industrial Park. We offered these residents the opportunity to be purchased if they would prefer to relocate. The residents are all interested in being bought out, some sooner, some later. Mr. Witwer noted Resolution No. 2400 sets the offering price for the property owned by Terrance Findley at $41,750, based on the average of two appraisals. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2499 related to acquisition of property in the Airport Economic Development Area. (1105 Grace St.) (2) Resolution No. 2500 approving and accepting a counter offer for the INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE RELOCATION OF THE KANKAKEE- COLFAX 34.SK V TRANSMISSION LINE AND DISTRIBUTION LINES ON THE PROPOSED TRANSPO SITE COMMISSION APPROVED RESOLUTION NO. 2499 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT UREA. (1105 GRACE ST.) 14 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area (1) continued... acquisition of property in the Airport Economic Development Area. (1105 Grace St.) Mr. Witwer noted that Terrance Findley has made a counter offer in the amount of $46,000. Staff recommends accepting the offer. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2500 approving and accepting a counter offer for the acquisition of property in the Airport Economic Development Area. (1105 Grace St.). (3) Resolution No. 2502 related to acquisition of property in the Airport Economic Development Area. (South Portion 1202 S. Lafayette) Mr. Witwer noted that items 6.C.(3), (4), (5) and (6) are all related to our acquisition of the International Harvester property. There's a north and south portion of this property which must be appraised and offered separately. The seller is going to demolish the building on the north portion and salvage most of the materials. Ms. Jones asked how large the entire site is. Mr. Witwer responded that it is between 1.5 and 2 acres. Ms. Jones asked why the difference in the COMMISSION APPROVED RESOLUTION NO. 2500 APPROVING AND ACCEPTING A COUNTER OFFER FOR THE ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT UREA. (1105 GRACE ST.) 15 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area (3) continued... counter offer when the appraised value was identical. Mr. Witwer responded that the Commission should consider these two properties as one and the total purchase price as $64,000. The price compensates the owner for demolishing the building. Everyone benefits. The city receives the property as vacant land for less than it would have to pay for acquisition with the building in place and then paying for demolition. Mr. Downes asked how this purchase price compares to what we budgeted for the site. Mr. Witwer responded that it is on target with what we budgeted. Mr. Varner asked if this sets a precedent for what we'll have to pay for other property in this area, $30,000 an acre. Mr. Witwer responded that it should not. There are different considerations with this property than there will be for others. Mr. Varner asked to see the Eckler-Lahey documents. Mr. Witwer will provide them. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved Resolution No. 2502 related to acquisition of property in the Airport Economic Development Area. (South Portion 1202 S. Lafayette) (4) Resolution No. 2503 approving and accepting a counter offer for the acquisition of property in the AEDA (South Portion 1202 S. Lafayette) 16 COMMISSION APPROVED RESOLUTION NO. 2502 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT UREA. (SOUTH PORTION 1202 S. LAFAYETTE~ South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS C. Airport Economic Development Area (4) continued... Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved Resolution No. 2503 approving and accepting a counter offer for the acquisition of property in the AEDA (South Portion 1202 S. Lafayette) (5) Resolution No. 2504 related to acquisition of property in the Airport Economic Development Area. (North Portion 1202 S. Lafayette) Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved Resolution No. 2504 related to acquisition of property in the Airport Economic Development Area. (North Portion 1202 S. Lafayette) (6) Resolution No. 2505 approving and accepting a counter offer for the acquisition of property in the AEDA (North Portion 1202 S. Lafayette) Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved Resolution No. 2505 approving and accepting a counter offer for the acquisition of property in the AEDA (North Portion 1202 S. Lafayette) D. West Washington-Chapin Development Area There was no business in the West Washington- Chapin Development Area. COMMISSION APPROVED RESOLUTION NO. 2503 APPROVING AND ACCEPTING A COUNTER OFFER FOR THE ACQUISITION OF PROPERTY IN THE AEDA (SOUTH PORTION 1202 S. LAFAYETTE~ COMMISSION APPROVED RESOLUTION NO. 2504 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT UREA. (NORTH PORTION 1202 S. LAFAYETTE~ COMMISSION APPROVED RESOLUTION NO. 2505 APPROVING AND ACCEPTING A COUNTER OFFER FOR THE ACQUISITION OF PROPERTY IN THE AEDA (NORTH PORTION 1202 S. LAFAYETTE~ NO BUSINESS IN THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA 17 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS E. South Side Development Area There was no business in the South Side Development Area. F. Northeast Neighborhood Development Area (1) First Amendment to Development Agreement with Kite Realty Group, L.P. a Delaware limited partnership. (Eddy Street Commons) Mr. Mathia noted that this amendment moves the call date for the bonds from May 2 to May 20. The call date was set to cover the early refunding of the bonds in case the project did not move forward as planned. There were some things that delayed the finalization of the bonds and the May 2 date was not met, but the bonds have now been sold. This just cleans up the record on that. Mr. Mathia noted that the amendment also reduces the right of way the city will be responsible for, from 5.55 acres to 3.9 acres. There was a little misunderstanding as to what the city would be responsible for maintaining. The amendment on that is in favor of the city. Mr. Varner asked whether this was in any way related to the issue of property ownership. Mr. Gibney responded that it was related to the very final negotiations between Kite and the University of Notre Dame. Mr. Varner asked where that ended up. Mr. Leone responded that he believes a closing did take place shortly before May 20, transferring the property from Notre Dame to Kite. 18 NO BUSINESS IN THE SOUTH SIDE DEVELOPMENT UREA South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS F. Northeast Neighborhood Development Area (1) continued... Mr. Varner asked if the Commission shouldn't know that for sure. Mr. Gibney responded that the majority of the property is owned by Kite. There may be a lease on some properties right at the gate at Eddy and Edison. Mr. Gibney is not sure of that. But everything else was sold to Kite. Mr. Varner asked that it all be clarified. From the Common Council's perspective, there was an issue of making improvements on private property. Mr. Gibney responded that the city does have record of that and can supply it to Mr. Varner. Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission approved the First Amendment to Development Agreement with Kite Realty Group, L.P. a Delaware limited partnership. (Eddy Street Commons) G. Douglas Road Economic Development Area There was no business in the Douglas Road Economic Development Area. COMMISSION APPROVED THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH KITE REALTY GROUP, L.P. A DELAWARE LIMITED PARTNERSHIP. (EDDY STREET COMMONS NO BUSINESS IN THE DOUGLASS ROAD ECONOMIC DEVELOPMENT UREA 19 South Bend Redevelopment Commission Regular Meeting -September 5, 2008 6. NEW BUSINESS (CONT.) H. Ratification of Service Contracts Property Description Commission Role in Transaction Contractor Service Provided Contract Amount Staff Member LaSalle Enterprises, 505 Colfax & 122 Niles Ave Acquisition Meridian Title Title Search $200 J Laurent Coveleski Park (6 parcels) Property Acquisition Meridian Title Title Search $600 B Schalliol TOTAL $800 Upon a motion by Mr. Downes, seconded by Mr. Blake and unanimously carried, the Commission ratified the service contracts approved by staff since the August 15 meeting. L Ratification of Temporary Use Agreements COMMISSION RATIFIED THE SERVICE CONTRACTS APPROVED BY STAFF SINCE THE AUGUST 15 MEETING User/Agency Lot Event Dates of Use Urban Garden Market 401 N. Bendix Drive An Urban Garden Market 8:00 a.m. - 5:00 p.m. the following dates: 9/6/08, 9/13/08, 9/20/08, 9/27/08 Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission ratified the Temporary Use Agreements approved by staff since August 15, 2008. 7. PROGRESS REPORTS There was no report. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Friday, September 19, 2008 at 10:00 a.m. 20 COMMISSION RATIFIED THE TEMPORARY USE AGREEMENTS APPROVED BY STAFF SINCE AUGUST 15, 2008 PROGRESS REPORTS NEXT COMMISSION MEETING South Bend Redevelopment Commission Regular Meeting -September 5, 2008 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. Downes made a motion that the meeting be adjourned. Mr. Blake seconded the motion and the meeting was adjourned at 11:06 a.m. _ ~~~~ D~~~:~~..inl~; L~ire~.tbr. ADJOURNMENT :. 21