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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