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Home My WebLink About2016 0310 rdc minutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING March 10, 2016 9:30 a.m. Presiding: Marcia Jones, President 227 West Jefferson Boulevard South Bend, Indiana The meeting was called to order at 9:31 a.m. 1A Z971waa1111 Members Present: Members Absent: Legal Counsel: Redevelopment Staff: Marcia Jones, President Don Inks, Secretary Gavin Ferlic John Anella David Varner, Vice President Greg Downes Benjamin Dougherty, Esq. David Relos, Associate II Tracy Oehler, Recording Secretary Others Present: Scott Ford, Executive Director Brian Pawlowski, Assistant Executive Director John March, Associate Roger Nawrot, Assistant City Engineer David Rafinski Conrad Damian Erin Blasko 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Thursday, February 22, 2016 Upon a motion by Secretary Inks, seconded by Commissioner Ferlic the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the Minutes of the Regular Meeting of Thursday, February 22, 2016. B. Approval of Minutes of the Special Meeting of Wednesday, March 2, 2016 Upon a motion by Secretary Inks, seconded by Commissioner Ferlic the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the Minutes of the Special Meeting of Wednesday, March 2, 2016. South Bend Redevelopment Commission Regular Meeting — March 10, 2016 Page 2 3. APPROVAL OF CLAIMS A. Claims Submitted March 10, 2016 324 Fund River West Development Area South Bend Tribune US Bank Indiana Department of Environmental South Bend Tribune RealAmerica Hull & Associates Inc. Kolata Enterprises Weaver Boos Consultants DLZ 422 Fund West Washington Development TIF Lehman & Lehman 429 Fund River East Development Area Abonmarche 430 Fund South Side TIF Area No. 1 Policemen's Federal Credit Union St. Joseph's County Treasurer Sandra J. Case EB Entertainment LP 78.76 Notice to Bidders — Advanced Center for Cancer Care Equipment Purchase 198,500.00 Debt Service Payment Lease Rental Rev Refunding Bonds, Series 2013 Century Center 487.50 Remediation Agreement 78.02 Nello Corporation Equipment Purchase 30,726.00 LaSalle Apartments 4,295.76 Oliver Industrial Park & Ignition Park 2,002.50 Professional Services 3,427.00 Ivy Tower 27,210.00 Engineering 4,231.25 City Cemetery Master Plan s 14t 26,418.91 383.84 45,697.25 1,150.00 $345.636.79 Colfax & Hill Drainage Improvements Payoff Mortgage of parcel No. 6 Sandra J. Case 3814 S. Michigan St. Payoff Taxes on Parcel No. 6 Sandra J. Case 3814 S. Michigan St. Purchase of Parcel No. 6 Sandra J. Case 3814 S. Michigan St. Payment for Temporary Right -of -Way Parcel No. 5 XB Entertainment LP 225 Chippewa Ave. Upon a motion by Commissioner Ferlic, seconded by Secretary Inks the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the claims submitted March 10, 2016. 4. OLD BUSINESS None. 5. NEW BUSINESS A. River West Development Area (1) Approval of Resolution No. 3331 Approving the Transfer of Temporary Right - of -Way for Use in Connection with the Smart Streets Project (South Bend Board of Public Works) South Bend Redevelopment Commission Regular Meeting — March 10, 2016 Page 3 Mr. Nawrot stated the temporary right -of -way is on Main Street and the back side of the Morris Performing Arts Center to ensure the semi - trucks are not driving over the sidewalks. Upon a motion by Secretary Inks, seconded by Commissioner Ferlic the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved Resolution No. 3331 approving the transfer of temporary right -of -way to the South Bend Board of Public Works for use in connection with the Smart Streets Project. President Jones requested Items 5.A.(2), 5.A.(3), and 5.A.(4) be considered simultaneously as they pertain to the disposition of property at 122 S. Michigan Street. Mr. Relos stated this is the site of South Bend Chocolate Caf6 (SBCC), which the Commission entered into a Lease and Development of Real Property with in December 1997. The lease term is for 20 years with two five -year consecutive irrevocable options to renew. The building was in need of significant improvements, which SBCC made and per Section 3.07 of the Lease, retains ownership rights of the improvements and would be compensated the difference between fair market value of the property in 1997 versus a future current appraised value. SBCC desires to remain at its downtown location and to become the owner of the space it occupies. This would also eliminate the Commission's potential liability. (2) Approval of Resolution No. 3330 Establishing the Offering Price of Property (122 S. Michigan Street) Upon a motion by Commissioner Ferlic, seconded by Secretary Inks the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved Resolution No. 3330 establishing the offering price of property located at 122 S. Michigan Street. (3) Approval of Bid Specifications and Design Considerations for Property (122 S. Michigan Street) Upon a motion by Commissioner Ferlic, seconded by Secretary Inks the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the bid specifications and design considerations for property located at 122 S. Michigan Street. (4) Authorization to Publish the Notice of Intended Disposition of Property with Publication Dates of March 18, 2016 and March 25, 2016 for Property (122 S. Michigan Street) Upon a motion by Commissioner Ferlic, seconded by Secretary Inks the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the authorization to publish the Notice of Intended Disposition South Bend Redevelopment Commission Regular Meeting — March 10, 2016 Page 4 of Property with publication dates of March 18, 2016 and March 25, 2016 for property located at 122 S. Michigan Street. (5) Approval of Certificate of Completion and First Amendment to Agreement for Sale of Land for Private Development (River Race Townhomes LLC) and Approval of First Amendment to Agreement for Sale of Land for Private Development (East Bank South Bend Development LLC) Mr. Relos stated on October 15, 2010, the Commission approved the final site plan with East Bank South Bend Development LLC (East Bank), for the construction of six townhomes on the old Rink site at the corner of Colfax and Sycamore. These townhomes were constructed and a Certificate of Completion was issued on April 24, 2012. On April 10, 2012, the Commission approved the final site plan with River Race Townhomes LLC (River Race), for the construction of ten townhomes on the old Troeger site at the corner of Jefferson and Niles. The Agreement for Sale for this site, entered into on June 28, 2011, called for Certificates of Occupancy to be received within three years from this June date. During the timeframe between June 2011 and April 2012, a Combined Sewer Overflow project was being planned along Niles north of Jefferson, which delayed site planning. Since the project construction was completed within the three year period and Certificates of Occupancy were issued November 2015, staff request the approval of the Certificate of Completion for this site. Additionally, when the Agreements for Sale for both sites were drafted, they contained language stating no tax abatements would be sought for the property. It is deemed the no tax abatements pledge was for the projects approved and not for future developments that may or may not occur as there is no deed restrictions of this type that run with the land. To encourage future development at these two sites, it is recommended to amend the Agreements for Sale to clarify that no tax abatements would be sought for the previously approved projects, and future tax abatement requests could be sought for the remaining subdivided parcels. Upon a motion by Secretary Inks, seconded by Commissioner Ferlic the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the Certificate of Completion and First Amendment to Agreement for Sale of Land for Private Development with River Race Townhomes LLC and approved the First Amendment to Agreement for Sale of Land for Private Development with East Bank South Bend Development LLC. (6) Approval of Budget Increase for the Hall of Fame Site Mr. Pawlowski stated on July 13, 2015, a budget of $700,000 was established in connection with a new development at the former Hall of Fame site. As the plans for the project have progressed, there is a need for additional design work regarding South Bend Redevelopment Commission Regular Meeting — March 10, 2016 Page 5 utility relocation in connection with the overall site plan. Jones Petrie Rafinski has provided a quote of $118,000, which a portion of will be allocated against the current development agreement. Staff is requesting an increase to the original budget in an amount not -to- exceed $90,000. Upon a motion by Secretary Inks, seconded by Commissioner Ferlic the motion carried 3 -0 (Vice President Varner and Commissioner Downes absent), the Commission approved the budget increase for the Hall of Fame Site in an amount not -to- exceed $90,000. 6. PROGRESS REPORTS Mr. Pawlowski announced the City and Jones Petrie Rafinksi (JPR) have been in negotiations regarding the Schillings building. JPR is wanting to expand and will be putting a substantial investment into the building including the corner facing the Four Winds Stadium. Staff will have additional information at the next Redevelopment Commission meeting. 7. NEXT COMMISSION MEETING Thursday, March 24, 2016, at 9:30 a.m. 8. ADJOURNMENT The meeting was adjourned at 9:47 a.m. Aaron Kobb, Director of Economic Resources Marcia I. Jones, P&*t