HomeMy WebLinkAbout2008-09-03 Redevelopment Authority MinutesSOUTH BEND REDEVELOPMENT AUTHORITY
REGULAR MEETING
September 3, 2008 1308 County-City Building
1:30 p.m. 227 West Jefferson Boulevard
Presiding: Jose Alvarez South Bend, IN 46601
The September 3, 2008 Regular Meeting of the Redevelopment Authority was called to order at
1:30 p.m. by its President, Jose Alvarez. There was a quorum present.
1. ROLL CALL
Members Present: Mr. Jose Alvarez, President
Ms. Carolyn V. Pfotenhauer, Vice President
Member Absent: Mr. Ray Thomas, Secretary
Redevelopment Staff: Mr. Don Inks, Director of Economic Development
Mrs. Jenny Hullinger, Recording Secretary
Mrs. Jennifer Laurent, Economic Development Specialist
Ms. Cheryl Greene, Legal Counsel
Mr. Jitin Kain, Economic Development Specialist
2. APPROVAL OF MINUTES
a. Approval of the minutes of July 2, 2008
Upon a motion by Carolyn Pfotenhauer, seconded by Jose Alvarez, and unanimously
carried, the Authority approved the Minutes of the Regular Meeting of July 2, 2008.
3. NEW BUSINESS
a. Vacation of Public Rights-of--way for Part of DeRue Court & part of Lot AA of
the Hall of Fame & Chocolate Cafe Minor Subdivision
Mr. Inks said this item is part of the REI Hotel development project site. Ms.
Laurent. stated this is part of the process to convey the property to the developer of
the hotel. The Redevelopment Commission owns the hotel site property, and we
are trying to add a certain portion of DeRue Court to the property as well as part
of Lot AA, which is owned by the Authority and is leased to the HaII of Fame.
The Vacation petition will be presented to the Common Council. Don Inks has
signed the petition and the Authority is asked to ratify this petition even though it
has not yet been presented to the Common Council. We have gotten approval in
regards to the College Football Hall of Fame land from the bond counsel.
Upon a motion by Ms. Pfotenhauer, seconded by Mr.Alvarez, the Authority
ratified the signature of Don Inks for the Vacation Petition of Public Rights-of-
The Redevelopment Authority
September 3, 2008 Meeting Minutes
way for Part of DeRue Court & part of Lot AA of the Hall of Fame & Chocolate
Cafe Minor Subdivision.
b. Resolution No. 171 approving the transfer of real property to the South Bend
Redevelopment Commission
Mr. Inks said this is part of the Hall of Fame property to be transferred for the REI
development. Ms. Laurent said Resolution No. 171 transfers the thirteen feet to
the Redevelopment Commission.
Upon a motion by Ms. Pfoterihauer, seconded by Mr.Alvarez, the Authority
approved Resolution No. 171 approving the transfer of real property to the South
Bend Redevelopment Commission.
c. First Amendment to Development Agreement (Kite Realty Group, L.P.)
Mr. Inks said there are two changes to the development agreement. The first one is
in Section 1.5. The call date changed to May 20, 2008. The call date was a
provision for an early refunding if the project did not proceed. If they couldn't
come through with the leases on the hotels and the land from the university then
we had an option of refunding all the bonds and canceling out of the project. Since
we went a couple of days past the due date they wanted to change the date and
formalize it.
The second change was in Exhibit Q, which outlined the right-of--way that the City
would be obtaining from the developer and would be responsible for maintaining
as right-of--way as part of the project. The exhibit outlines the new right-of--way
which is less than the original right-of--way. This pulls back the City's
responsibility. The developer realized that the right-of--way had gone beyond our
original intent and worked with us to redraw the boundaries.
Upon a motion by Ms. Pfotenhauer, seconded by Mr.Alvarez, the Authority
approved the First Amendment to Development Agreement.
d. Memorandum of Lease (Kite Realty Eddy Street Garage, LLC)
Mr. Inks said we approved the lease of the garage site with Kite. A memorandum
of the lease is much more cost effective to record than the whole lease. Ms.
Greene said the memorandum is usually referenced in the agreement and it
references the essential terms of the lease. If additional information is needed the
memorandum states where the lease can be found.
H:\WPDATAW UTHORTY\090308.MIN.DOC
2
The Redevelopment Authority
September 3, 2008 Meeting Minutes
Upon a motion by Ms. Pfotenhauer, seconded by Mr. Alvarez, the Authority
approved the Memorandum of Lease (Kite Realty Eddy Street Garage, LLC)
e. Removal and'replacement of bushes to the west of Hall of Fame
Mr. Jitin Kain said this proposal is for the removal of the hedge to the west of the
Hall of Fame. The hedge is about five feet tall and obstructs the view of the grid
iron.. By removing the bushes and planting some that are about two feet tall there
will be an open access to the grid iron and it will become more connected to rest
of the downtown. We have spoken with the executive director of the Hall of Fame
and she is in favor of this idea, but would like to work on what types of plants are
planted in the hedge.
Ms. Pfotenhauer asked what type of bushes is there now. Ms. Hullinger said they
are Forsythia. Mr. Kain said if those bushes were trimmed down to three feet at
this point they would be all sticks. and wouldn't fill in right. Mr. Alvarez asked if
the choice of bush would be more carefully selected so they will not need to be
replaced in a few years. Mr. Kain said the bushes that are proposed only get to be
about three feet tall. Mr. Alvarez asked if other proposals were received, and Mr.
Kain said there were no other proposals because we are proposing to add this
work to the rest of the Michigan Street Improvement Project that is happening
right now. Acorn is the landscaper that is currently planting the new trees and
landscaping. Mr. Inks said this may end up being a change order but there have
been some cost savings on quantity issues in the work being done presently so
even with this addition we may still be under the original contract amount. Mr.
Kain said we are currently saving money on planters on Michigan between
'Jefferson and Wayne because of the underground vaults limit the number of
planters and landscaping that can be put in.
Mr. Alvarez asked about the 10% markup from Reith Riley. Ms. Pfotenhauer
asked why the markup says it is related to INDOT. Ms. Greene said she will check
with Tom Anderson at Reith Riley. Ms. Pfotenhauer said if this is not a real
requirement then let's scratch that off. Mr. Alvarez asked why we hadn't seen any
other bids. Mr. Inks said Reith Riley came in as the low bidder and since they are
already there and working it will undoubtedly be cost effective to have them add
this to their work rather than take time to go through another bid process. Mr. Inks
said the bid process goes through the Board of Public Works. The only thing that
is before the Authority is the approval of the replacement of the bushes that are
there now.
Upon a motion by Ms. Pfotenhauer, seconded by Mr.Alvarez, the Authority
approved the removal and replacement of bushes to the west of Hall of Fame.
H:\ W PDATA\AUTHORTY\090308.MIN. DOC
3
The Redevelopment Authority
September 3, 2008 Meeting Minutes
5. ADJOURNMENT
There being no further business to come before the Redevelopment Authority the meeting
was adjourned at 2:00 p.m.
r
Z~
~` Jose ez, President
H:\ W PDATA\AUTHORTY\090308. MIN.DOC
4
C.i
nald nks, Director