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HomeMy WebLinkAbout2. Minutes 5/15/09 MeetingSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING May 15, 2009 10:00 aan. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Ms. Marcia .Zones, President Dr. David Varner, Vice President Mr. Greg Downes Mr. Donald Alford Ms. Stephanie Spivey Members Absent: Ms. Nancy King, Secretary Legal Counsel: Mr. Charles S. Leone, Esq. Mr. Lawrence Meteiver, Esq. Redevelopment Staff: Mr. Don Inks, Director Mr. Jeff Gibney, Executive Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Ms. Ann Kolata, Economic Development Specialist Ms. Jennifer Laurent, Economic Development Specialist Mr. David Relos, Economic Development Specialist Mr. Jitin Kain. Economic Development Specialist Ms. Debrah Jennings. Property Managel° Others Present: Mr. Tom Price. Mayors Office Ms. Beth Leonard, Community & Econ Development Mr. Michael Hardy, Transpo Mr. Richard Rice, WNIT Ms. Vivian Sallie, WNIT Ms. Mary Pruess, WNIT Mr. Richard Nussbaum II Mr. Lvnn Coleman. Mayor"s Office Mr. Dan Jones Mr. Joseph Tillman Ms. Rita Kopala Ms. GlendaRae Hernandez Mr. Mark Seaman Mr. Andrew Nemeth Mr. Angel Hernandez Mr. Rick Brown Mr. Glen Kellerman South Bend Redevelopment Commission Regular Meeting -May 15, 2009 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Friday, Mav I, 2009. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved the Minutes of the Regular Meeting of Friday, May 1, 2009. 3. APPROVAL OF CLAIMS COMMISSION APPROVED THE MINUTES OF THE REGULAR MEETING OF FRIDAI', MAY 1, ?OO9 Redevelopment Commission Claims submitted May 15, 2009 for approval. 324 AIRPORT AEDA DHA 9,416.00 Transpo Relocation Ken Herceg & Associates, Inc. Abonmarche S/T Bancroft Electric Jackson Services The Blue Waters Group DZL Sopko, Nussbaum, Inabnit & Kaczmarek 420 FUND TIF DISTRICT-SBCDA GENERAL 4,000.00 Studebaker Corridor Study 427.58 US 31 & Adams Road Interchange 59,195.70 Sample/Arnold/Western Traffic Signal Communications Upgrade 9,975.00 Oliver Park Area Housing Demolition 44,863.00 MIND Project Area 15,680.00 Olive Rd & Pine Rd Corridor 3,026.25 DTSB 12,366.00 Streetscape Enhancement & Business Recruitment CB Richard Ellis 724.42 LaSalle Hotel Management Fee Meridian Title Corp 7,874.00 319 William St. Indian Michigan Power 218.90 237 N Michigan St 430 FUND SOUTH SIDE DEVELOPMENT Baker & Daniels 657.00 Legal Services 454 FUND AIRPORT URBAN ENT. ZONE Project Impact 51,924.00 Job Training Services 619 BLACKTHORN GOLF COURSE Meadowbrook Golf Group, Inc. 8,000.00 Management Fees Blackthorn Golf Course $ 168,423.85 2 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 Upon a motion by Mr. Vainer, seconded by Mr. Alford and unanimously carried, the Commission approved the C}aims submitted May 15, 2009, and ordered checks to be released. 4. COMMUNICATIONS A. Communication from Mayor Luecke regarding Sculpture Park. Mr. Inks read the Communication from Mayor Luecke into the record. April ]7, ?009 Ms. Murcia Jones, President Rede~~elopment Commission 12'1', floor, Counh~-City Building South Bend, IN 46601 Dear Marcia: I ha~~e asked the Centu~-v Center Board of l~allagel"S t0 relY/OVe C071RZde1"atlol7 Of the "Sculpture Park ",front its agenda. 1 appreciule thc~ support that thc~ Redevelopment Commission pus pro~~ided fc~r this project through the appropriation of fi~~7ds. 1 helici~e it is u positive initiuti~~e that would he beneficial to Ce~7tuw Center and to the dou•~zto~rn, freshening the grounds end brining jnrhlic art to a veto visible locution. It ~rould enhance the front entrcnce of both tlrc Cc otter and the Museum of Art and become a landmark, for South Bend. Ho~i'ever, I also ackno~l•ledge that ire have not reached consensus on the plan. Fi.n~therntore, there are ntunv in the commzrnih' u•ho cn•e tightening their belts due to difficult economic times thew ironder u'hethc~r this is the right rime to make this in~~estment. I huvc~ concluded that it si not tltc right time. As you kno»•, the funds are COMMISSION APPROVEDTHE CLAIMS SUBMITTED MAY 1 5, 2009. AND ORDERED THE CHECKS TO BE RELEASED South Bend Redevelopment Commission Regular Meeting -May 15, 2009 proceeds, from u bond issue ~~~hicla Rave not been expended. Tlzey can only be used, for capitul eipenditures ~chich meet the pu~posc~ of the bond. I look, for~curd to ~1~orking ~a~ith the Redevelopment C0 717 777 1 5'51017 t0 C012SZder Othel" potelltlal LlseS f01' the funds. Murry individuals have worked long and hued on this project. I uppluud their effort and commend their vision. This proposul embodies kcw hri~~ciplc~.c es~~oused in Cin~ Plm~. We should revisit it us the econon2v improves. 1 am committed to lcorking with the Commission, the Bourd of Managers and the Museum n f Art to, find il~uvs to enhance the appeurunce and visibility ~~f Centzn~~ Center. ~~~hich is the community's gathering place and a great usset for downtown. Thunk you, for the time and effort that Commissioner°s have put into revietiring this p~°oposal. Since rely, Stehhuen J. Lueckc Muvor Mr. Varner noted that these funds were unused from a parking issue bond. He asked for copies of any documents that identify uses for the proceeds of that bond. at Mr. Inks" convenience. Ms. Jones noted that the Commission will continue to look for ways to expend those funds. B. Communication from Joseph Tillman regarding employment contracting opportunities for lo~~~ and very low income residents. Mr. Inks read the letter from Mr. Tillman into the record. To: Redevelop~~u~i~t Commissio~~ From: Joseph Tillnurn, Progressi~~e Urban 4 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 Indus7ries Date: 5/1 I /09 T~11s c01"1'espOndenCe IS 171 1"e fel'enCe r0 a 1'eC~lleSr r0 be heard on u» issac of impol°tunce to the low and ver>> lo~r• income citizens of South Bend Indiana. According to CFR 135.1, Emplovme~zt to Conti°uctii~g, opportunities should he made uvuiluhle to citizens that are loi1~ ro ver>> lol~~ U1COlne 7"eSldenr,S. We hope r0 gang SOlne n2slghr 017 rhe.f0~j011'111,~ I,SSUL',S: 1. To date ~~~c have seen nothing that ~n~ould even remotely resemble u formal Section 3 Plun. We would like to kno~i~ ri•hen this document is cn~ailuhle ,f01' 719speerl011. 2. TO dare 1VC' al"e LC11a11'are Of any eff01"r r0 compile u datuhuse of Section 3 eligihle residents or contractors. We ~1•ould love to hour caw efforts on your port in this respect. 3. Finally, u•e arc cnrarc thus the Redevelopment Commission pluhs a crucial role in insuring that the pro~~isions of CFR 135J are in~plementcd ,fLnl"jl' Crnd n7 a rl"Cn1SpCn'ellr mCmnel'. CCn1 11'e nOH' hear ~rlurt steps this hodl~ will take in t11is respect? Yoa~n•s respcctfirlly, J. Tillman Progressive Urban Industries Mr. Inks then read into the record a letter he had taken the liberty to draft on the Commission's behalf in response to Mr. Tillman•s letter. May I5, 2009 Mr. Joseph Tillman HAND DELIVERED South Bend Redevelopment Commission Regular Meeting -May 15, ?009 We have reviewed your letter. The requirements of 24 CFR 135.1(3) relate to HUD funded programs. The city's administration of HUD funded programs is not under the direction of the Redevelopment Commission, so the Commission cannot respond to the inquiries. The Division of Community Development is responsible for the administration of HUD funded programs and may be able to respond to your questions. Sincerely, Donald Inks Redevelopment Director Mr. Varner asked HUD only or federal funds? 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. Public Hearing (1) Public Hearing on Resolution No. 2577 appropriating monies from the Redevelopment General Fund (Fund 433) for the purpose of paying for certain expenses incurred by the Redevelopment Commission. Ms. Leonard noted that Resolution No. 2577 appropriates $15,000 from the Redevelopment General Fund for securing outside legal services. Ms Leonard noted that we pay for many of our outside legal services expenses fi-om TIF funds, but we need a little each year for the occasions when they don't qualify for TIF funds. THERE WAS NO OLD BUSINESS 6 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 Ms. Jones opened the public hearing for whoever wished to speak regarding Resolution No. 2577. There was no one who wished to speak. Ms. Jones closed the public hearing for whatever action the Commission wished to take. (2) Resolution No. 2577 Mr. Varner asked if this is expected to be a one-year only request. Mr. Inks responded that this is the third year this request has been made, for the same amount. Essentially ~~e are replenishing the amount each year. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously can•ied, the Commission approved Resolution No. 2577 appropriating monies from the Redevelopment General Fund (Fund 433) for the purpose of paying for certain expenses incui->-ed by the Redevelopment Commission. B. South Bend Central Development Area (1) Resolution No. 2586 approving and authorizing the execution of an addendum to the Master Agency Agreement (Jon Hunt Plaza Improvements) Ms. Laurent noted that the Commission, at its May 1 meeting. authorized improvements to the fountain on Jon Hunt Plaza. Resolution No. 2586 authorizes the agency agn-eement with the Board of Public Works to oversee the project. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously cai-~•ied, the Commission approved Resolution No. 2586 approving and authorizing the execution of PUBLIC HEARING ON RESOLUTION NO. 2577 COMMISSION APPROVED RESOLUTION NO. 2577 APPROPRIATING MONIES FROM THE REDEVELOPMENT GENERAL FUND (FUND 433) FOR THE PURPOSE OF PAYING FOR CERTAIN EXPENSES INCURRED BY THE REDEVELOPMENT COMMISSION COMMISSION APPROVED RESOLUTION NO. 2586 APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCI' AGREEMENT (.ION HUNT PLAZA IMPROVEMENTS) 7 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 an addendum to the Master Agency Agreement (Jon Hunt Plaza Improvements) (2) Staff report on Michiana Public Broadcasting project Ms. Laurent noted that on December 8, 2008 the Commission approved a development agl°eement with Michiana Public Broadcasting (WNIT) advancing a concept for relocation of their studios from the cui7•ent facility in Elkhart to the WSBT building at 300 W Jefferson. A copy of this contract is included for your review. Our agreement specified that we would engage an architectural firm to create a budget and bid specifications for a renovated exterior and lobby. Upon confi~7nation of private funding for their portion of the project, the Commission would authorize the bidding and construction adminish•ation phase of the facade improvements, which would be overseen by the Board of Public Works as the Commission's agent. I'm pleased to report that significant progress has been made on our part as well as on the part of WNIT. Subsequent to your approval of the development agreement, the Commission approved a contract with the Troyer Group for the development of bid specifications, with a not to exceed cost of $21.000. This phase of the project is nearing completion. Meanwhile, WNIT's successful capital campaign in tough economic times illush•ates a high level of support in the community for the new facility. An impressive array of grant funds will be applied to equipment purchases as well, bringing the latest in broadcast technologies to our area. WNIT South Bend Redevelopment Commission Regular Meeting -May 15, 2009 has secured bank financing to get the project underway without delay. At this point WNIT has provided full proof of funding and bas engaged a construction firm to begin interior renovations and build out, ah•eady underway. With Commission authorization. the Troyer Group"s proposal for the bidding and construction administration phase of the project, attached, will be submitted to the Board of Public Works for approval. Troyer has provided a range of expected time and expense costs for const•uction administration of $20,500- $37,000 plus reimbursable expenses. I would ask you to authorize a not to exceed amount of $39,000, as this should be sufficient to complete the project. Mr. Varner asked if the jumbotron is still part of the proposal. Ms. Laurent responded that it is. Staff is still looking at the budget to determine how to get the maximum amount of work done for the dollar amount we"ve committed to the project. Everyone wants the jumbotron as part of the project. Whatever the city can get done with its funds, it will do. WNIT will pay for with private dollars the remainder of the cost. Mr. Varner registered his preference that the jumbotron be paid for from private dollars. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the continuation of conh•act with the Troyer Group for construction administration for an amount not to exceed $39,000. (3) Staff report on proposal for Commission owned property at Hill and Colfax COMMISSION APPROVED THE CONTINUATION OF CONTRACT WITH THE TROYER GROUP FOR CONSTRUCTION ADMINISTRATION FOR AN AMOUNT NOT TO EXCEED $39,000 9 South Bend Redevelopment Commission Regular Meeting -May 15, ?009 Mr. Kain noted that the East Bank Village Association is requesting permission to install visually pleasing signage on Commission owned property located at the northwest corner of Hill and Colfax. The sign would serve two purposes: (1) promote the site for development and (2) enhance the aesthetic quality of the intersection and create awareness of the eclectic retail establishillents along Hill and Colfax. The poster boards would each measure 4 ft by 8 ft and would contain information on the leasing agent for the property as well as visual images from the East Bank Village Mater Plan Phase I. Staff also recommends some landscaping at the base of the signs. Quotes for designing the signs, making the signs and landscaping total approximately $4,700. Staff recommends approval. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved the design, purchase and landscaping of poster boards for display at Hill and Colfax St~•eets at a cost not to exceed $4,700. C. Airport Economic Development Area (1) Resolution No. 2583 terminating the transfer of real property from the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. Ms. Kolata explained items C(1),C (2), C(3) and C(4) together. The Commission previously agreed to sell what was the former Stamping Plant site to Transpo for a bus facility. Once the University of Notre Dame COMMISSION APPROVED THE DESIGN. PURCHASE AND LANDSCAPING OF POSTER BOARDS FOR DISPLAI' AT HILL AND COLFAX STREETS AT A COST NOT TO EXCEED $4,700 10 South Bend Redevelopment Commission Regular Meeting -May l 5, 2009 was selected to be the location for MIND, this area was redesignated as Ignition Park. Because nanotechnology equipment is highly sensitive, we asked Transpo to move its location to the southeast edge of Ignition Park to free up more land for other potential development. As part of the Termination Agreement, the Commission is agreeing to pay back to Transpo its $ I ,000,000 down payment for the Stamping Plant property. This was used to pay part of the demolition costs. Under the Contract for Purchase and Sale of Real Estate for the new site, Transpo will pay $648,000 ($30,000 per acre for the 21.6 acre site). The Commission"s actions proposed will cancel the previous agreement and enter into a totally new agreement. Transpo"s new building will be 165.000 sft, including office, maintenance, and inside bus storage. It will replace their current facilities on Northside Boulevard, parts of which are over one hundred years old. The new building will be a "~reen•' facility. They are trying for LEAD Platinwn certification. They will be taking advantage of technologies: using solar for a lot of interior lighting, reusing drainage water for bus washing, etc. Both Mr. Hardy and Ms. Kolata appreciated the cooperation of all involved to facilitate this change of plans. Transpo will be considering matching resolutions at its meeting May 18. Two properties needed for the Transpo site have not yet been acquired. Once they are acquired, closing is expected by June 18. Mr. Gibney noted what a great event this is. Transpo is going to locate in the heart of South Bend. We asked them to move from South Bend Redevelopment Commission Regular Meeting -May 15, 2009 their- original location. They were incredibly cooperative. This was a very complex change. All the staff and lawyers have worked very hard on it. And we're going to see a magnificent building on the edge of Ignition Park. The public will think it's the first of the nanotechnology buildings, but it will be the Transpo facility. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved Resolution No. 2583 terminating the transfer of real property fi-om the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. (2) Termination Agreement with South Bend Public Transportation Corporation. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously can•ied, the Commission approved the Termination Agreement with South Bend Public Transportation Corporation. (3) Resolution No. 2584 approving the execution of a Purchase Agreement for the transfer of real property from the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Conunission approved Resolution No. 2584 approving the execution of a Purchase Agreement for the transfer of real property from the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. COMMISSION APPROVED RESOLUTION NO. 2583 TERMINATING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION TO THE SOUTH COMMISSION APPROVED THE TERMINATION AGREEMENT WITH SOUTH BEND PUBLIC TRANSPORTATION' CORPORATION COMMISSION APPROVED RESOLUTION NO. 2584 APPROVING THE E7~ECUTION OF A PURCHASE AGREEMENT FOR THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION TO THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 12 South Bend Redevelopment Commission Regular Meeting -May 15, ?009 (4) Contract for Purchase and Sale of Real Estate with South Bend Public Transportation Corporation. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously can-ied, the Commission approved the Contract for Purchase and Sale of Real Estate with South Bend Public Transportation Corporation. (5) Acknowledgement of Termination of Lease with Waste Management. Mr. Relos noted that this is a mutual agreement between Waste Management as the tenant and the Redevelopment as landlord to terminate the lease for the facility at 1519 S. Franklin by June 1. Termination of this lease allows Waste Management to consolidate its operations. He asked that the Commission allow Don Inks to sign the documents necessary when the time comes. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission acknowledged the Termination of Lease with Waste Management. (6) Resolution No. 2585 transferring property to the Board of Public Works for the purpose of transferring the property to a non-profit entity (Community Health Partners, 1010 Bendix Dr.) Ms. Laurent noted that Resolution No. 2585 transfers 1010 Bendix Drive, the property we-ve been calling the Bendix Family Physicians office, to the Board of Public Works, which is the proper agency to transfer it to what is now called Community Health Partners. The project is complete. Patients will be seen Monday morning. Memorial COMMISSION APPROVED THE CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE WITH SOUTH BEND PUBLIC' TRANSPORTATION CORPORATION COMMISSION ACKNOWLEDGED THE TERMINATION OF LEASE WITH WASTE MANAGEMENT 13 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 Hospital and St. Joseph Medical Center both expressed their appreciation for the Redevelopment Commission's participation in the project. Ms. Jones noted the cooperation between the Commission and South Bend Heritage Foundation to facilitate the project. It was completed on time and under budget. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously ca>-~•ied, the Go>mnission approved Resolution No. 2585 transferring property to the Board of Public Works for the purpose of transferring the property to anon-profit entity (Community Health Partners, 1010 Bendix Dr.) D. West Washington-Chapin Development Area There was no business in the West Washington- Chapin Development Area. E. South Side Development Area There was no business in the South Side Development Area. F. Northeast Neighborhood Development Area There was no business in the Northeast Neighborhood Development Area. G. Douglas Road Economic Development Area There was no business in the Douglas Road Economic Development Area. H. Other (1) Proposal from Sopko, Nussbaum, Inabnit & Kaczmarek for outside legal counsel. COMMISSION APPROVED RESOLUTION NO. 2585 TRANSFERRING PROPERTY TO THE BOARD OF PUBLIC WORKS FOR THE PURPOSE OF TRANSFERRWG THE PROPERTY TO ANON-PROFIT ENTITY (COMMUNITY HEALTH PARTNERS, tOlO BENDIX DR.) 14 South Bend Redevelopment Commission Regular Meeting -May 15, 2009 Ms. Leonard noted that the Engagement Letter between the Commission and Sopko, Nussbaum, Inabnit &Kaczmarek entered into June 2008 for outside legal counsel is about complete. The new Engagement Letter runs for another yeal• for an amount not to exceed $60,000. Upon a motion by Mr. Downes, seconded by Mr. Vai7ler and unanimously carried, the Commission approved the Engagement Letter with Sopko, Nussbaum, Inabnit & Kaczmarek for outside legal counsel for an amount not to exceed $60,000. 7. PROGRESS REPORTS Mr. Inks reported that the improvements to property the Commission owns at LaSalle Square to facility the Community Garden and Community Market are complete. The market is to open May 23. Ms. Laurent noted that renovations to the American Bank & Trust building are nearly complete. She offered to schedule a tour through the building for Commissioners following the next Commission meeting. Commissioners accepted the offer and the tour will be scheduled. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Friday, June 5, 2009 at 10:00 a.m. 9. ADJOURNMENT There being no fw-ther business to come before the Redevelopment Commission, Mr. Downes made a motion that the meeting be adjourned. Mr. Varner seconded the motion and the meeting was adjourned at 10:40 a.m. COMMISSION APPROVED THE ENGAGEMENT LETTER WITH SOPKO, NUSSBAUM, INABNIT & KACZMAREK FOR OUTSIDE LEGAL COUNSEL FOR AN AMOUNT NOT TO EXCEED X60,000 PROGRESS REPORTS NEXT COMMISSION MEETING AD.IOURNMENT 15 South Bend Redevelopment Commission Regular Meeting -May 15, ?009 Donald E. Inks, Director 16