HomeMy WebLinkAbout07-24-14 Redevelopment Commission Minutes SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
July 24, 2014
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. Don Inks, Secretary
Mr. Greg Downes
Ms. Valerie Schey
Mr. Stan Wruble
Legal Counsel: Mr. Lawrence Meteiver, Esq.
Redevelopment Staff: Mr. David Relos, Economic Development Specialist
Mrs. Cheryl Phipps, Recording Secretary
Ms. Kathy Hahn
Ms. Debrah Jennings
Others Present: Mr. Scott Ford, Executive Director
Mr. Jitin Kain, Director, Planning
Mr. Chris Fielding, Director, Business Development
Ms. Kelli Stopczynski, WSBT
Mr. Erin Blasko, South Bend Tribune
Ms. Katrina Marquardt
Ms. Chauncre Sprouse
Mr. Conrad Damian
Mr. Cecil Eastman, Admin& Finance
2. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular Meeting of Thursday,July 10, 2014
Mr. Varner noted that he was not present for the July 10 meeting, but the Minutes say that he
seconded the motion for adjournment. He asked that that be corrected.
Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the
Commission approved the Minutes of the Regular Meeting of Thursday, July 10, 2014, as
corrected.
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
3. APPROVAL OF CLAIMS
324 AIRPORT AEDA
2,910.00 Professional Agreement Environmental
Kolata Enterprises LLC Remediation Project
Faegre Baker Daniels 5,203.70 Legal Services
Clean Harbors Environmental Removal & Disposal of PCB Transformers
Services 106,585.00 & Equipment
Barners &Thornburg LLP 45,166.69 Redev Bond Refinancing
Hull & Associates 995.00 Consulting Services
Union Station / Bosch / Honeywell / Ivy
Plews Shadley Racher& Braun 9,075.11 Tower Ins. /ARG Corp Litigation
Plews Shadley Racher& Braun 564.00 Environmental
Owner's Assoication at Blackthorn, Blackthorn Management Assessment &
Inc. 12,555.12 Additional Landscape/Irrigation
R.E. Pitts &Asoicates, Inc. 825.00 Appraisal Services
Appraisal Services, Inc. 750.00 Appraisal Services
420 FUND TIF DISTRICT-SBCDA
GENERAL
DTSB 1,865.00 Parking Surface Lots
Clean Windows/ Install Bulbs/Sweep &
Rise Shine Realty 2,000.00 Vacuum / Removal The Vine
Abonmarche 2,450.00 Colfax & Hill Drainage Improvements
430 SOUTH SIDE DEVELOPMENT
AREA
Christopher B. Burke Engineering, LLC 497.00 SS Corridor vs Intersection Improvement
$ 191,441.62
Upon a motion by Mr. Downes, seconded by Mr. Inks and unanimously carried, the Commission
approved the Claims submitted July 24, 2014.
4. COMMUNICATIONS
There were no Communications.
5. OLD BUSINESS
There was no Old Business.
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
6. NEW BUSINESS
A. South Bend Central Development Area
(1) Resolution No. 3224 approving and authorizing the execution of an Amendment to the
Addendum to the Master agency Agreement (Hill & Colfax Drainage Improvement
Project—Supplement#2)
Mr. Kain noted that the Commission approved the initial Addendum to Agency Agreement
for drainage work at the Hill & Colfax site on August 15, 2013. On January 30, 2014 the
Commission amended the Addendum to the Agency Agreement approving a project budget
for two aspects of the project: (1) site improvements to assist with the development of the
mixed use project and street improvements that would benefit the entire neighborhood.
Earlier this year the Board of Public Works bid out the on-site improvements portion of the
project. Bids came in significantly higher than anticipated. The budget for the on-site
improvements was $110,000. Since then staff has been working with the development team
of Colfax Hill Partners to make the project work. Colfax Hill Partners have had some
additional costs also in the pricing of their building. The site improvements portion of the
project has been renegotiated. Staff is requesting additional resources for the project. The
project is a$3,000,000 project. The additional resources retain the Commission
commitment towards the project at less than 15% of the total development costs and ensure
a payback in less than ten years. Staff requests approval of an additional $170,000 from the
SBCDA TIF towards the Hill and Colfax site improvement portion of the project as well as
the attached Resolution No. 3224.
Mr. Downes asked for a more detailed description of the on-site improvements and off-site
improvements. Mr. Kain responded that the on-site improvements that directly benefit the
mixed use building include drainage and a parking lot. The second phase of on-site
improvements were to do the sidewalk, concrete work, railings and retaining wall,
landscaping, street furniture, etc. The off-site improvements were things like pavement
markings similar to other Smart Streets projects.
Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the
Commission approved Resolution No. 3224 approving and authorizing the execution of an
Amendment to the Addendum to the Master agency Agreement (Hill & Colfax Drainage
Improvement Project— Supplement#2)
(2) Amendment to Contract for Sale of Land for Private Development with Colfax Hill
Partners, LLC.
Mr. Kain noted that this Contract amends the original contract signed in December 2013 to
reflect the additional site improvements noted above to make the project work, including
sidewalks, concrete steps, retaining wall, etc. The developers have also changed the site plan
to make the project more feasible. The building footprint will remain the same, but they
have reduced the amount of commercial space and increased the amount of residential from
thirteen to sixteen units. That reduces the developer's risk in terms of project financing. We
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
6. NEW BUSINESS
A. South Bend Central Development Area
(1) continued...
feel the character of the project remains the same.
Mr. Varner asked whether Metronet will reimburse the city for the conduit. Mr. Kain
responded that we will follow the city's agreement with Metronet which he believes
stipulates they will reimburse the city. Mr. Varner asked that that be confirmed.
Upon a motion by Mr. Downes, seconded by Mr. Inks and unanimously carried, the
Commission approved the Amendment to Contract for Sale of Land for Private
Development with Colfax Hill Partners, LLC.
B. Airport Economic Development Area
(1) Equipment Lease Agreement with Nello, Inc.
Mr. Fielding noted that in May staff brought forth a development agreement with the Nello
Corporation to create a new facility costing approximately$57,000,000 north of the ethanol
plant. The development agreement spelled out that we would continue to work on the terms
of the equipment lease for the equipment the Commission would be purchasing. Those
terms have been agreed upon. He noted that between the time this lease agreement was sent
out in the packets and this meeting we have corrected some minor inconsistencies in the
agreement. Those inconsistencies and their corrections were explained.
Ms. Schey asked Mr. Ford to communicate with the surrounding neighborhood so they are
comfortable with what the building will look like. She said some of her constituents were
concerned about it. Mr. Ford said the site plan is before the Area Plan Commission right
now and it includes a large buffer between it and the neighborhood. He promised to meet
with neighbors to mitigate their concerns.
Mr. Downes asked if there is much of a secondary market for this equipment. Mr. Fielding
responded that the way the development agreement is structured, the Commission would
recoup 80-90% of its funds just through the assessed value (AV) of the 200,000 sft building.
That AV would have a seven-year payback on the first drawdown of equipment. Then, not
until they build a second building would they draw down the second batch of equipment.
The last batch of equipment will be based on job creation. He noted that the Commission
will still be able to recoup every dollar, even if we do have to sell the equipment. The
development agreement stipulates that they have to pay a very stiff penalty for every job
they promised but don't create.
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
6. NEW BUSINESS (CONT.)
A. South Bend Central Development Area
(1) continued...
Upon a motion by Mr. Downes, seconded by Mr. Inks and unanimously carried, the
Commission approved the Equipment Lease Agreement with Nello, Inc.
(2) Economic Development Memorandum of Understanding with Noble Americas South
Bend Ethanol,LLC.
Mr. Fielding noted that in February the staff presented the proposed development agreement
terms with Noble Americas the new owner/operator of the ethanol plant. They spent the last
six months doing more than their due diligence. The facility doesn't even look like the same
facility. They've already exceeded the committed capital investment for the project. The
Economic Development Memorandum of Understanding presented today clearly outlines
Noble Americas' commitment for both capital investment and job creation as well as the
Commission's commitment to purchase the corn oil extractor equipment for $2,000,000.
That equipment will be leased back to Noble Americas for $100,000 per year for five years
with their option to purchase the equipment from us as long as they meet the capital
expenditures commitment and jobs to be created commitment for that period.
Mr. Varner asked how long the payback is to the city. Mr. Fielding responded that the
payback on the $2M ---essentially there is a net investment from the Commission of$1.5M.
They are committing $31.8M in capital improvements. The payback on that is less than six
years.
Upon a motion by Ms. Schey, seconded by Mr. Downes and unanimously carried, the
Commission approved the Economic Development Memorandum of Understanding with
Noble Americas South Bend Ethanol, LLC.
1.
(3) Equipment Lease Agreement with Noble Americas South Bend Ethanol, LLC.
Upon a motion by Ms. Schey, seconded by Mr. Downes and unanimously carried, the
Commission approved the Equipment Lease Agreement with Noble Americas South Bend
Ethanol, LLC.
(4) Agreement for Professional Services by and between the City of South Bend Indiana
and Danch, Harner& Associates, Inc. (Alta Survey, Lot 7 Ignition Park)
Mr. Kain noted that in March 2014 the Commission approved a development agreement
with Great Lakes Capital to build a campus of high technology related buildings in Ignition
Park. As part of the agreement the Commission committed to providing an Alta Survey to
Great Lakes Capital. Staff requests approval of the Agreement for Professional Services
with Danch Harner & Associates at a cost of$2,850 to meet that commitment.
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
6. NEW BUSINESS (CONT.)
A. South Bend Central Development Area
(4) continued...
Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the
Commission approved the Agreement for Professional Services by and between the City of
South Bend Indiana and Danch, Harner& Associates, Inc. (Alta Survey, Lot 7 Ignition
Park)
(5) Resolution No. 3223 accepting the transfer of real property from Rose Brick, LLC.
Mr. Fielding noted that the Oliver Plow Memorial in Oliver Industrial Park was built on
property owned by Rose Brick. It was always intended that the Commission would take
ownership of the land on which the memorial stands, but the transfer of the deed has never
taken place. Resolution No. 3223 accepts the transfer from Rose Brick.
Upon a motion by Mr. Inks, seconded by Ms. Schey and unanimously carried, the
Commission approved Resolution No. 3223 accepting the transfer of real property from
Rose Brick, LLC.
C. West Washington-Chapin Development Area
There was no business in the West Washington-Chapin Development Area.
D. South Side Development Area
There was no business in the South Side Development Area.
1 E. Northeast Neighborhood Development Area
There was no business in the Northeast Neighborhood Development Area.
F. Douglas Road Economic Development Area
There was no business in the Douglas Road Economic Development Area
G. Other
(1) Ratification of South Bend Home Improvement Program Release of Mortgage (818 S.
30th St.)
Mr. Meteiver noted that in 2001 and 2002 the Commission was the body that approved
funds disbursed under the South Bend Home Improvement Program, both grant money and
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South Bend Redevelopment Commission
Regular Meeting—July 24, 2014
loans for additional repairs that were beyond the maximum grant. This particular case had
both a grant and loan. Those loans are generally due on sale. In this case the property was
held in a family trust. The lady who signed the mortgage had only a life estate in the
property. She is now deceased. That life estate is now expired, resulting in our mortgage
expiring also. Brock Zeeb executed the release of that mortgage and we're asking the
Commission to ratify that action.
Upon a motion by Ms. Schey, seconded by Mr. Downes and unanimously carried, the
Commission ratified the South Bend Home Improvement Program Release of Mortgage
(818 S. 30th St.)
H. Ratification of Services Contracts
Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the
Commission ratified the services contracts approved by staff since the July 10, 2014 meeting.
7. PROGRESS REPORTS
Tax Abatement: Ms. Hahn noted that the Common Council approved the designating resolution for
Catalyst LLC for a 7-year real property abatement. They will construct two multi-tenant buildings in
Ignition Park over two years at a cost of$12,000,000. Taxes to be abated over the seven years are
estimated at $1,099,338. Taxes to be paid during that same period are estimated to be $1,491,684.
They expect to create 32 jobs by the end of 2018 with a payroll of$960,000.
8. NEXT COMMISSION MEETING
The Next Regular Meeting of the Redevelopment Commission is scheduled for 9:30 a.m.,
August 14, 2014.
9. ADJOURNMENT
There being no further business to come before the Redevelopment Commission, Mr. Varner made a
motion that the meeting be adjourned. Mr. Downes seconded. The meeting was adjourned at
9:52 a.m.
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S C. Ford, Executive Director Marcia I. Jone resident
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