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HomeMy WebLinkAbout05-15-09 Redevelopment Commission Minutes SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING May 15, 2009 10:00 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. 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 Manager Others Present: Mr. Tom Price, Mayor’s 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. Lynn 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, May 1, 2009. CM Upon a motion by Mr. Varner, seconded by Mr. OMMISSION APPROVED THE INUTES OF THE RMF,M1,2009 EGULAR EETING OF RIDAY AY Downes and unanimously carried, the Commission approved the Minutes of the Regular Meeting of Friday, May 1, 2009. 3. APPROVAL OF CLAIMS Redevelopment Commission Claims submitted May 15, 2009 for approval. 324 AIRPORT AEDA DHA 9,416.00 Transpo Relocation Ken Herceg & Associates, Inc. 4,000.00 Studebaker Corridor Study Abonmarche 427.58 US 31 & Adams Road Interchange S/T Bancroft Electric 59,195.70 Sample/Arnold/Western Traffic Signal Communications Upgrade Jackson Services 9,975.00 Oliver Park Area Housing Demolition The Blue Waters Group 44,863.00 MIND Project Area DZL 15,680.00 Olive Rd & Pine Rd Corridor Sopko, Nussbaum, Inabnit & 3,026.25 Kaczmarek 420 FUND TIF DISTRICT-SBCDA GENERAL 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 3. APPROVAL OF CLAIMS (CONT.) CC Upon a motion by Mr. Varner, seconded by Mr. Alford OMMISSION APPROVED THE LAIMS M15,2009, SUBMITTED AY AND ORDERED THE and unanimously carried, the Commission approved the CHECKS TO BE RELEASED Claims 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 17, 2009 Ms. Marcia Jones, President Redevelopment Commission th 12 floor, County-City Building South Bend, IN 46601 Dear Marcia: I have asked the Century Center Board of Managers to remove consideration of the “Sculpture Park” from its agenda. I appreciate the support that the Redevelopment Commission has provided for this project through the appropriation of funds. I believe it is a positive initiative that would be beneficial to Century Center and to the downtown, freshening the grounds and brining public art to a very visible location. It would enhance the front entrance of both the Center and the Museum of Art and become a landmark for South Bend. However, I also acknowledge that we have not reached consensus on the plan. Furthermore, there are many in the community who are tightening their belts due to difficult economic times – they wonder whether this is the right time 3 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 4. COMMUNICATIONS (CONT.) A. Communication from Mayor Luecke continued… to make this investment. I have concluded that it si not the right time. As you know, the funds are proceeds from a bond issue which have not been expended. They can only be used for capital expenditures which meet the purpose of the bond. I look forward to working with the Redevelopment Commission to consider other potential uses for the funds. Many individuals have worked long and hard on this project. I applaud their effort and commend their vision. This proposal embodies key principles espoused in City Plan. We should revisit it as the economy improves. I am committed to working with the Commission, the Board of Managers and the Museum of Art to find ways to enhance the appearance and visibility of Century Center, which is the community’s gathering place and a great asset for downtown. Thank you for the time and effort that Commissioners have put into reviewing this proposal. Sincerely, Stephaen J. Luecke Mayor 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. 4 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 4. COMMUNICATIONS (CONT.) B. Communication from Joseph Tillman regarding employment contracting opportunities for low and very low income residents. Mr. Inks read the letter from Mr. Tillman into the record. To: Redevelopment Commission From: Joseph Tillman, Progressive Urban Industries Date: 5/11/09 This correspondence is in reference to a request to be heard on an issue of importance to the low and very low income citizens of South Bend Indiana. According to CFR 135.1, Employment to Contracting, opportunities should be made available to citizens that are low to very low income residents. We hope to gain some insight on the following issues: 1. To date we have seen nothing that would even remotely resemble a formal Section 3 Plan. We would like to know when this document is available for inspection. 2. To date we are unaware of any effort to compile a database of Section 3 eligible residents or contractors. We would love to hear any efforts on your part in this respect. 3. Finally, we are aware that the Redevelopment Commission plays a crucial role in insuring that the provisions of CFR 135.1 are implemented fairly and in a transparent manner. Can we now hear what steps this body will take in this respect? Yours respectfully, J. Tillman Progressive Urban Industries 5 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 4. COMMUNICATIONS (CONT.) A. Communication from Mr. Tillman continued… 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 15, 2009 Mr. Joseph Tillman HAND DELIVERED 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 5. OLD BUSINESS TOB There was no Old Business. HERE WAS NO LD USINESS 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. 6 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) A. Public Hearing (1) continued… 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 from TIF funds, but we need a little each year for the occasions when they don’t qualify for TIF funds. PHRN.2577 Ms. Jones opened the public hearing for UBLIC EARING ON ESOLUTION O 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 we are replenishing the amount each year. CRN.2577 Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED ESOLUTION O APPROPRIATING MONIES FROM THE Mr. Alford and unanimously carried, the RGF(F433) EDEVELOPMENT ENERAL UND UND Commission approved Resolution No. 2577 FOR THE PURPOSE OF PAYING FOR CERTAIN appropriating monies from the R EXPENSES INCURRED BY THE EDEVELOPMENT Redevelopment General Fund (Fund 433) for C OMMISSION the purpose of paying for certain expenses incurred by the Redevelopment Commission. B. South Bend Central Development Area (1) Resolution No. 2586 approving and authorizing the execution of an addendum 7 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (1) continued… 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 agreement with the Board of Public Works to oversee the project. CRN.2586 Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED ESOLUTION O APPROVING AND AUTHORIZING THE EXECUTION Mr. Alford and unanimously carried, the MA OF AN ADDENDUM TO THE ASTER GENCY Commission approved Resolution No. 2586 A(JHP GREEMENT ON UNT LAZA approving and authorizing the execution of I) MPROVEMENTS 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 agreement with Michiana Public Broadcasting (WNIT) advancing a concept for relocation of their studios from the current 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 confirmation of private funding for their portion of the project, the Commission would authorize the bidding and construction administration phase of the façade improvements, which would be 8 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (2) continued… 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 illustrates 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 has secured bank financing to get the project underway without delay. At this point WNIT has provided full proof of funding and has engaged a construction firm to begin interior renovations and build out, already 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 construction administration of $20,500- $37,000 plus reimbursable expenses. I would ask you to authorize a not to exceed 9 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (2) continued… 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. C Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED THE CONTINUATION OF TG CONTRACT WITH THE ROYER ROUP FOR Mr. Alford and unanimously carried, the CONSTRUCTION ADMINISTRATION FOR AN Commission approved the continuation of $39,000 AMOUNT NOT TO EXCEED contract 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 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 10 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (3) continued… establishments 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. C, Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED THE DESIGN PURCHASE AND LANDSCAPING OF POSTER BOARDS FOR Mr. Varner and unanimously carried, the HCS DISPLAY AT ILL AND OLFAX TREETS AT A Commission approved the design, purchase $4,700 COST NOT TO EXCEED and landscaping of poster boards for display at Hill and Colfax Streets 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 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 11 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (1) continued… 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 $1,000,000 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 “green” facility. They are trying for LEAD Platinum 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. 12 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (1) continued… Transpo is going to locate in the heart of South Bend. We asked them to move from 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. CRN.2583 Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED ESOLUTION O TERMINATING THE TRANSFER OF REAL PROPERTY Mr. Varner and unanimously carried, the SBR FROM THE OUTH END EDEVELOPMENT Commission approved Resolution No. 2583 CS OMMISSION TO THE OUTH terminating the transfer of real property from the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. (2) Termination Agreement with South Bend Public Transportation Corporation. CT Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED THE ERMINATION ASBP GREEMENT WITH OUTH END UBLIC Mr. Varner and unanimously carried, the TC RANSPORTATION ORPORATION 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. 13 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (3) continued… CRN.2584 Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED ESOLUTION O P APPROVING THE EXECUTION OF A URCHASE Mr. Varner and unanimously carried, the A GREEMENT FOR THE TRANSFER OF REAL Commission approved Resolution No. 2584 SB PROPERTY FROM THE OUTH END approving the execution of a Purchase RCS EDEVELOPMENT OMMISSION TO THE OUTH Agreement for the transfer of real property BPTC END UBLIC RANSPORTATION ORPORATION from the South Bend Redevelopment Commission to the South Bend Public Transportation Corporation. (4) Contract for Purchase and Sale of Real Estate with South Bend Public Transportation Corporation. CC Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED THE ONTRACT FOR PSRE URCHASE AND ALE OF EAL STATE WITH Mr. Varner and unanimously carried, the SBPT OUTH END UBLIC RANSPORTATION Commission approved the Contract for C ORPORATION 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. C Upon a motion by Mr. Varner, seconded by OMMISSION APPROVED THE AT CKNOWLEDGEMENT OF ERMINATION OF Mr. Downes and unanimously carried, the LWM EASE WITH ASTE ANAGEMENT AND Commission approved the Acknowledgement M.I AUTHORIZED R NKS TO SIGN THE DOCUMENTS of Termination of Lease with Waste AT THE APPROPRIATE TIME 14 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (5) continued… Management and authorized Mr. Inks to sign the documents at the appropriate time.. (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 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. CRN.2585 Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED ESOLUTION O B TRANSFERRING PROPERTY TO THE OARD OF Mr. Alford and unanimously carried, the PW UBLIC ORKS FOR THE PURPOSE OF Commission approved Resolution No. 2585 - TRANSFERRING THE PROPERTY TO A NONPROFIT transferring property to the Board of Public (CHP,1010 ENTITY OMMUNITY EALTH ARTNERS Works for the purpose of transferring the BD.) ENDIX R property to a non-profit entity (Community Health Partners, 1010 Bendix Dr.) 15 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 6. NEW BUSINESS (CONT.) 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. 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 year for an amount not to exceed $60,000. CE Upon a motion by Mr. Downes, seconded by OMMISSION APPROVED THE NGAGEMENT LS,N,I& ETTER WITH OPKO USSBAUM NABNIT Mr. Varner and unanimously carried, the K ACZMAREK FOR OUTSIDE LEGAL COUNSEL FOR Commission approved the Engagement $60,000 AN AMOUNT NOT TO EXCEED Letter with Sopko, Nussbaum, Inabnit & Kaczmarek for outside legal counsel for an amount not to exceed $60,000. 16 South Bend Redevelopment Commission Regular Meeting –May 15, 2009 7. PROGRESS REPORTS PR Mr. Inks reported that the improvements to property the ROGRESS EPORTS 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 NCM The next meeting of the Redevelopment Commission is EXT OMMISSION EETING scheduled for Friday, June 5, 2009 at 10:00 a.m. 9. ADJOURNMENT A There being no further business to come before the DJOURNMENT 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. 17