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HomeMy WebLinkAboutCRC-08-13-03 i> . ~.: eR\=. M_~:c~illg, Wednesday. August .1'3'; 2003 CARMEL REDEVEl,OP.l\1ENT COMMISSION Meeting Wednesday, August,'l3,2003 The iJ1eeting was'CaJ1ed'to order byPresident,Ed BlIrke;al"7:01- p,m; GblTimissioll members:pres~'1t were RiCk ShaXp,'Bob'Baltreall, John Koven and Ron Carter, eonstitutingca ql,lOfum, Also present were Mayor Brajl1ariJ, KNI Haa~, Les olds, Steve' En'gelking"SherryMieJke, ,L.aurence,CiJlig, Loren Matthes, BlUce'Elonaldson arid Kiin Blanehelt,.fromBames &cThornberg. Mik~.Shaver"Steve};turtz, Wayne.Wilson, Rob B,u~h from the, CanneL Redeveiopment Authority, SeveraL members ofthe public were also in atten,dal1ee: Amorygtt1em.\yere Joyeeand John Axelsi:m, Teny,L:Noore, Helen J. O'Malia, Sean.Smith; Marshall aha Sahdra Andieh, Jolm.al1d Peg DUITe~, MoMerhoff,c:harles'j(ey"Rebeeea Casper, Da~e Gonley:, Doug Pelton, ' Presentations . Veterans' Memoi-ial ProieCt Bill ,Ensign displayed- a' model of th<<;site\plan' qf the propos'ed memorial. The,area will be cal.led Carmel CJayFi'eedom Gircie, The design.of the monuinent in the;celite'r is yilt J9 be decided, The :group vlciUld like t'o place;bencheS,Oll rhe,siclewalks ieacling fl'OmThird ,A venue SW to the monument circle. They are also'reqlles,tilig'seyen ,spaces"for parking Which ~vollld be'\cicatedin a Plll1 off area on Thlrd Avenuc.SW. Mayor Brain'arcl smd tne CitYEngineerlias looked at thep'!fki~g)ssll"e~nd is "eqrrifoitable" withil. Flags wl'n be flown 24/7 ana lit.at,night. The overall eonsensus:oftl1eCRC;mernbers\vas,favorable; .Pedcol'. Rhase IJRroiect Stcve,S!Urtz~ frinTI Crews & Sturtz, distributed and displayea the designs'on)! new buildingwliich would be:WcatedoiJ 'tile .~w coi'her of (:ityCe'nter Dri ve,and Third AvenueSW. This would be the:thira building on the parcel'arWihcllJdeS parking underneath and.adriye off GityCeilter..Designs for:.tl1e;lift,stalion area are'yet.to'-be decided. Wabash Scientific Mike Shaver'distribureda hanctout.anddescribed brlefly"hesei'viceshis'comjiailY ,,,auld provide. Diseussion i'teins'are (i\-) City'CentetRe,aevelopment Area,amamendment.of Bo'undaries and,Projects~'Xb)North Illinois Street.Eeonomic Development AieaC-21 0 AinendmeJiland III inoi's'Ci:midor' Amendment, (c) Hazel 'De1ll96'h'Street.Economie Development Are~Expansi6n, (d) Integrme.d)26tli St.r~et,EconomicDevelopment.Area: Arnencted Boundaries, (e)SollthPennsylvania EeonornicDeveloprJient Area: Integration into'the'126th'StreetEDAi'ea', (e) Old Meridian Economic. Developme.ntArea:, 'Discussion o~lntegratioJ1, Theseareasaii SllOUld: be,reViewecfbythe'CRC w(thin thenexf tWelve. months, in,many , cases.becalj~e oJ recent annexarions.,lVlr. Sllaver:would "segtegate tl1iscomp!ex pictllre' into,digesdbie pieces, with'curef!lJ riluriageinenno make;sqre the piecedit:when they are rc'ussembkd." . 1 CRC Meeting. Wednesday. August 13.2003 H. J. Umbaugh Loren Matthes distribuled summary information detailing TIF districts and revenues. 'The TIFrevenues from Merchants Pointe, Merchants Square and Parkwood all go to pay bonds. Those are all taken care of for now. City Center and amended 126th Street combined are supposed to provide $2,673,000 of TIF in 2003. We have been hired to'put together databases for all the TIF areas. This database is being compared to county's database and GIS mapping department. There are some differences and we will be making corrections. Soine parcels are missing, one way or. the other." Ms. Matthes: 'We are geLting ready to issue bond anticipation notes for the City Center area, $2,995,000. We are preparing' an offering document which will show there is enough tax increment to pay for these. We are working on developing projections of the tax increments. We are going over development which has occurred in all the TIF areas. These projects will be compared to the outstanding bonds so you'll have an idea of how much extra TIF there is. Thai will allow you to go forward with City Center projects for next year. Mr. Burke distributed "Broad Funding Sketches" he created outlining debt capacity in future years and explained it briefly. He compared the projected income to the projects, current and proposed, listed in Mr. aIds' ['eport. Public Hearines Mr. Koven asked for an opinion from Mr. Haas if the public bearings could beheld tonight since they weren't discussed at any previous public meeting. Mr. Haas deferred the question to attorney Bruce Donaldson. Mr. Donaldson said the hearings had been noticed and he recommended the CRC ratify President Burke's action authorizing the public hearings. Mr. Haas agreed. Mr. Sharp moved the CRC ratify Mr. Burke's authorization of publication of notices of public hearing. Following a second by Mr. Battreall, the motion was unanimously approved. Public Hearing #1: Proposed Amendments removing parcels from Old Town Economic Development Area was opened at 7:41 p.m. Marshall Andich asked to speak. Mr. Burke gave a brief description of the area affected by the amendment. Mr. Haas suggested Mr. Andich would want to speak about the following public hearing instead of this one since it would be the one adding.his property to the CRC Economic Development Area. Mr. Andich agreed. There being no other members of the public wishing to speak, the public hearing was closed at 7:45 p.m. Public Hearing #2: Proposed Amendments expanding the Redevelopment Area by adding parcels from Old Town was opened at 7:45 p.m. 2 eRe Meeting. Wednesday. August!3. 2003 Marshall. Andich. a property owner who resides at 75 Wood acre Drive, spoke for five minutes. remonstrating against having his three properties in Old Town, which were listed in the public. notice, added to the CRC Economic Development.Area. [Mr. Andich also had written copies of his objections, copy of which. was placed in CRC files.] Mayor Brainard stated he had two to three conversations with Mr. Andich in which Mr. Andich stated the properties in Old Town were "worthless and we ought to tear them down and start over". Mayor Brainard continued: About five years ago. as we were starting to redevelop Old Town, we talked and you [Mr. Andich] suggested to me that you'd hke to either sell, or if you had a tax scheme, or would go with a trust, and you'd get income for life, you'd hired an attorney. and talked to me on three separate occasions about how we could effectuate this transfeno the City of Carmel. You pointed Ou! to me at the time that your tenants weren't paying you very well and you had them all on thirty day leases so it would be easy for the City to get rid of those tenants if and when you sold to the City. It broke down prelly much when we found out you wanted about 100%, double, what"appraisers informally had told .us your properties were worth. I would respectfully suggest that this is a lot less about the history of Carmel and a lot more about how much money you get. because I don't think you would have paid that attorney to have meeting after meeting with me about selling to Carmel had that been the case. Thank you. Rebecca Casper, One Indiana Square, attorney for Charles Key [owner of Payless Liquors at 130 S. Range Line Road]: We are coming seeking more information; it seems that they are going to be added to the acquisition list, which mayor may not be purchased in the future, they mayor may not be added in the future... we don't have enough. information to decide whether he wants. to remonstrate or not. Mr. Haas: The funding source for the acquisitions could be variable. Anyone of the sources might be used for acquisition of the property. There isn't a definite time line yet for acquisition of the property nor has any decision been made which properties would be acquired. This is more in the nat,-!re of letting everyone who might be affected, know that their property might be considered for acquisition in the future. Ms. Casper: Is the board going to formally vote on this item this evening? [Affirmative] I'm afraid with no more specifics than that, we'd have to say we.objeCt to the amendment, being included. Mr. Key is a businessman here and he needs a little more information to make an educated business decision. Mr. Burke: Part of the reason it's. put in our notite is to let.people know we're thinking about these things. It would be unfair to the community, and especially to potential buyers of property, that we're.thinking aboutthis and no one knew about it. As soon as we came to those kind of conclusions, off we go with the announcements. Perhaps a little prematurely, but we fixed that. 3 CRC Meeting. Wednesday. i\ugust 13.2003 Ms. Casper: And we appreciate that. We wanted the board to understand that it's a little bit vague for him to make decisions based on, we mayor may not [want to buy your property], mayor may not have funding, we'd have to oppose it on that basis. Mr. Dave Conley, 31 Horseshoe Lane: When the City acquires a property, how is the value determined? Mr. Haas: Normally, unless the property is dctermined to be of very low value, two appraisers are hired. Then an offer will be made, a.statutoryform of offer based on the average of the two appraised values. When that offer is made; the propelty owner is notified of the right to either accept that offer or reject. There is a statutory period of thirty days.to consider that offer. If the offer is accepted, then the transaction closes on the. basis of the offer price. If ii's rejected, thcn there's an opportunity to negotiate. If the property is not acquired through negotiations, then the CRe has the authority to begin condemnation actions based on the offer that was previously made. Again, there's an opportunity to settle during.those condemnation proccedings. If there isn't a settlemcnt the COllIt will then. appoint appraisers and the CRC can deposit into. Court the amount that those appraisers determine is the value ofthe property. And the CRC can take possession of the property and the litigation can continue as to what the actual value of the property is, though the property owner will have access to the fund~ that have been deposited in Court . Mr. Conley: Is there any consideration given to the cost of relocating the business or buying other property and moving, or just the value of the property.? Mr. Haas: For purposes of the appraisal, it is simply the value orthe property. There is other compensation that is available for relocation, but there is not consideration necessarily givcn by law to what it would cost to acquire other property. It's based on the market value of the property and expenses incurred to remove possessions from that property. Ms. Casper: l'low far in advance does the Commission start negotiating with the landowners? For example, someone like Mr. Key would probably take up to two years to relocate his business. lY1r. Haas: There isno requirement to negotiate ahead of making a statutory offer. The usual practice, though, is to begin the negotiations and then inform the landowner that thcre will be a statutory offer that's frequently then rejected but.at leastthe statutory . requirements have been satisfied. And then the negotiations normally continue for .whatever customary period would be until it seems they're either going to reach fruition or they've broken down. In short, it's conducted. much like.a.normal real estate transacti on/ne goti ati on. Mr. Haas read a letter received from' Douglas Pelton, member of Conrad Building, LLC, to the City o(Carmel Redevelopment Commission. objecting to the expansion of the 4 CRC Meeting. Wednesday. August 13.2003 RedevelopmentArea since the area sought to be added does not meet the statutory definition of "blighted area". [Letter placed in CRC files.] Sandra Andich, 75 Woodacre Drive, asked how long condemnation procedures take. Mr. Haas: The amount oftime is variable. There.is a statutorily prescribed period for the offer to be accepted or rejected. The day after that offer expires witholll the property owner having accepted. the CRC could file condemnation action at that point, though that's not normally \Vhat happens. From the time that a condemnation action is filed, the litigation is variable, but it's normally about six months before possession is available to the CRe. Rob Bush, 672 Smokey Lane, [member of the Carmel Redevelopment Authority], Am I right thatin situations in the past, when the Commission is displacing businesses to pursue some of its goals, that they have'made every effort to try to help businesses find new locations and made them as well or better off than they may have been before? I'm asking about the practice of the Commission. Mr. Haas: The practiee of the Commission is to take those things into account and though certainly we couldn't make a eommitment up front to make sure everyone is as well or better off than they were beforehand, the objeetivehas never been to drive anyone from business or residence in Carmel and the desire is always to help the people to reloeate. Mr. Andich: May I speak again? I want you to know that mueh.of the information that the Mayor stated was not true and I feel compelled to.., Mr. Sharplinterrupting]: I object to what you're saying. Thereshouldn't be debate amongst remonstrators. Mr. Andieh: Okay. Mr. Sharp: Thank you. There being no other eomments from those present, the publie hearing was elosed at 8:03 p.m. Public Hearing #3 Additional Appropriation of proceeds derived from sale of tax increment revenue Bond Anticipation.Notes (in the amount of $2,995;000) was opened at 8:04 p.m. and elosed at 8:04:30 p.m. with no one having any comments for or against. Public Hearing #4 Preliminary Determination to enter into a proposed lease between the City of Carmel Redevelopment Authority, as lessor, imd the Commission, as lessee, to finance road improvements was opened at 8:04:45 p.m. 5 CRC Meeting.. Wednesday. August 13.2003 Mr. Battreall: This is merely a lease over to the Cannel Redevelopment Authority to take over the bonds after they've been issued. Does the Authority issue the bonds? [Affirmative.] There being no other comments for or against, the public hearing was.closed at 8:05 p.m. Clarian Agreement Mr. Haas distributed a draft of the economic development agreement which is the final fDlm which was presented to the City COlllicil a week ago Monday. Following that is a summary of what's in the economic development.agreement. Mr. Battreall: Am I to understand that all the documents pertinent to this transaction have not been recei ved yet? . Mr.. Haas: The Economic Development agreement calls for a number of documents to be completed after its'execution. Those are in the nature of closing documents. TheY've not been prepared yet. It wouldn't be expected that they would be. The Economic . Development Agreement itself, the text of the agreement is complete. There are'a number of exhibits to the EDA,.s'ome of which have been completed. I believe those exhibits were received either late yesterday afternoon or this morning. Some of the exhibits I'm able to review and tell you they are complete and fine. There are exhibits that relate to the right-of-way that will be donated by Clarian; additiona1.right-of-way that needs to be acquired to complete the project, and also an exhibit that describes both the infrastmcture that we're committing to constmct for Clarian and additional infrastmcturethat we want to make sure will fit within the proceeds of the bonds. Those, of course, are being prepared by ACE and are fairly technical in nature. I can't tell you whether or notthose are in final form. ACE has been working with Kate Weese. Mr. Batlreall: I talked to Kate today and she has not received them yet. I'm going to move that we table this until all these documents al'e okayed and we know what we're doing, I think we're sitting in the dark on some of these things that certainly have to do with the redevelopment agreement. Here again the day before the type of thing with infonnation that you came to the Council the same way and that's the reason the Council pushed it off. I'm going to ask the board to table this matter until our next meeting until Kate has an opportunity to go over all ofthem and to okay the agreements. I put that forward in a motion. . Seconded by Mr. Burke "to get it into play". Mr. Burke: The way I understand it, some of these agreements are fairly critical agreements. [Affirmative] When asked when he thought the'Clarian agreement could be brought back, Mr. Battreall said.hc thought it could be at the nextCRCmeeting. 6 CRC Meeting, Wednesday, August 13.2003 Mr. Burke: Or even beforehand ata'special meeting? [Affirmative, if everyone'is available.] Mr. Sharp asked Mr. Haas to clarify ihe exhibits. Mr. Haas: Yes, they are critical in nature because they involve essentially what we're getting and what we're giving. The right-of-way is what we're getting; the roadway to be built is what we're giving. And I'm.in no position to tell you that what's been prepared so far is what ought to be donated or what ought to be built. Mr. Sharp: Then given that I would be in favor of coming together at a sooner date. Mr. Ballreall: My table was to the next meeting but if you want to call a special meeting, that's up to you. Mr. Burke: So edited and second to that. Mr: Koven: Can we hear from their legal counsel? This has been hammered around since February. I can't b'elieve v,ie're still dealing here in the, middle of August with documents that are unclear and incomplete. If that's the case, why? How did it get out of the Plan Commission, how did it get to the Council, how did it get here, with all these steps that were supposed to have been taken and not being complete? Mr. Joe Scimia, counsel for Clarian Health Partners: Every single exhibit that is required to be attached to that has been presented to counsel for the CRC on a timely basis. Meetings have been held between Kate Weese and ACE on three occasions that I'm aware of, as recently as last Monday, to make sure we're on the same page. We also engaged the Hamilton County Highway Department to be in'attendance to make sure they were in agreement. What Mr. Haas has in front of him is the result of all those agreements. Mr. Koven is.right. We have been working with the technical advisary committee and representatives of the City since February and there is nothing left for us to do. The only thing that needed to be done was for representatives of the City to look at what was presented to them'and say that's acceptable and in agreement with what we've already discussed.... When I submit documents to the CRC counsel, I expect those to be distributed to whoever needs to see them. I don't want people' to think Clarian has been derelict in its duties in any way. We have been trying to schedule meetings;we have been trying'to get responses and answers, but quite honestly as everyone knows, there are certain factions, or there is some opposition to this project, and they're taking every opportunity that possibly can be made to delay this process. It is a source offrustration for us. We'll make ourselves available any day for a special meeting. In fact we've asked for speCial meetings. We've been taken off-the docket before and rightfully so because there was still discussions going, out. But as of the meeting of the attorneys on the Monday of the Council meeting, the document itself has been agreed.to as far as we understand. We executed it the next day, deposited it with the council. I called the meeting, actually kept 7 CRC Meeting. Wednesday. AlIgustt3. 2003 requesting the meeting with Kate's office to finalize these agreements. There's no danger here because Kate has to build this project. She has to approve this project. The plans still have to be approved. The only agreements say what will be built and they say a four lane highway here, a:four lane nighway here but.lhe actual highway design, the geographics, Kate said I don't want that type of detail because [want to wait till the design is done. If we wait for that to be done, we're talking months and months away and'the project will not go forward. My only concern is we have been working very hard for a very long period of time to get where we are today. My questions to Mr. Haas would be, does this agreement contain the same sort of detail and provisions which would be customary to a similar agreement of this type. Arid my'second question would be is from day one it,was, never envisioned that some of these exhibits, they are not attached to the agreements now. It will take some time to finalize those but the substance of them is all set forth in great detail with the development agreement, our agreemenno make payments for sixty-two years, our agreement not to remonstrate, our agreement to go forward with annexation, in greater detail that [think anybody would have customarily done in a deal of this stature, It's been a very unusual process with more,specificity, more detail because of the fact that it is, a very high, profile project and there were people who opposed it. My feelingis we're at the point that we,need to go forward and the detail has been provided, if we wait until every single person in this Commission is happy, it will never happen. Because people have told us,at the public hearings that they will never support the project. I'm not trying tt? short circuit, I'm just simply saying that we've done everything that's been asked, we've repeatedly gone to meetings and requested meetings, we've continually provided documents when necessary, there's'always delays for some reason in getting them out, or no responses, or calls aren't returned. Waiting a month from now, it really creates a hardship to this project and we've submitted everything. WebelitlVe the project's done, We've signed it. Ifthere are concerns, they're not on our part. Mr. Sharp: If we're referenced here in 3.01 on donation of land and it's right of way described in Exhibit D-2. I'm being told that Exhibit D-2has not been presented. Mr. Scimia: That's not true. It was presented yesterday at II o'clock. Mr. Battreall: Yesterday, at II o'clock? And you want us to go through all this stuff and sit here tonight and be up-to-date? You did the same thing to the Council, you came in the night of and handed us a packet and said you'd like'to have this okayed. That's the reason the Council threw it back and said we want the document okayed by the CRe. [ would like to see what's attached to document. Mr. Scimia: They're all in your counsel's hands. Mr. Battreall: Well, they weren't in the hands of the people this Inorning, at noon when I called over. 8 C~CMecTing, We.dn~~d~YI A!1gu~l'_J 3,,2003 Mi', BurKe: I believe \ye'vehe'i1.rd all the.arguim,nfs, !\ilL HaBs: Tlie:re were a nqinbe(of things Joe[Mr. Scimia] said that! aweewith,buU'm going to take.umbra,ge'and objeck;tren,lou'sJy with the'iden'tl1at it was my re~ponsiDility Ip,djstrjiJ.utethoseexhibits:.to'Kate, I gave to Joe this list or'exhibits which'has,ol1'it the: reviewing,p'nrty nnd !told himthat the:cnljc'~Jwini w'a,s to ,have the'ex~ibits.in the,Jmnds. ,of Knte nndthatACE should,give those to her directly so thanheydidn'rhave to come - " . - . <'... .through me;and\\ihiIt wouJd'be.c:ritical w[)uldb,e to have Kate'sign o'ffonthosecexhibits, That's the way itooccUlTecE Then there are a.,nllmber ofthii'!gs Joe said with which I agree. Thetej(t onhe document is complete, Isiand by'it nnelJ"woulclTecommend,that itbe npproved,Theother thing ,is that the documeiltS that;ir~ contempI4Nd.,by"the.economic:development.agreemen't, as Joe'sugg~sted, shoufd,be,workelout during the course of the time.befiJi'e the bOnd 'Clcis,iilg, ~o I don't.t!1inkJhereis.'any problem.witlithe i~xt'af t!1e'documentanctr wOllld recommend ilfor yoitr:a.ppro'vnl. lthinK the only $1 ires"ti o'n is whetherY9l) 're;comfoJtaole ,signing;off onthe'economie,development.ngt'eementwithout the exhibits "WIched: Under some dfcunlStllIiees {would, telryou, th~JT had,~een exhibits and lean tell you the exhibits are't'ig1H. Undelthese circumstancesJ cnri't'do;rhatahcl Kate Weese,i~ !pe.oi1Iy onc wliQ can, Mr. Bnttre,llI: My motion stands. Mr: Koven:, Jim just cOllcerned that we're:treatirig' this p'ctltiol1ei' c1ifferently'thlihwe've l1:eatelfotherpeople.ldisagree with Bob, Bob'.s noLgoi'1g to. vote foPthis,nomatter when we nave it, He's macje tlial:dear.anyway, Alid 1 wolildsay thiit this is !If1othefslall tactic in,the process. I'mncit going to 'read. each of, those attachments. I'm reiyihg,onlegaj courise) to do thaJ. That's why we have legal cOUllse:' J wouldactually'maintaillthatit's nOleven within thepurviewaf this Cormhissian;..getting,into this mU,ch detail With this. We:re.mictomanaging'Lhe projectthere.and,the'permi'ssian to go forward lies with DO"CS' permittingprocess:i\ilcl witli the EIigih"ering Dep~rl111en!: 1 think fQr uNo be putling this ofUm anather,twa weeks:or until.wegetadditional documents", I mean you and l'aren:t going Jo'be:going,oul. fo. do. il,sj,lrvey: We're not going to makesuretheJiglit- of-wayis whem we wanl'il.I donit c"l'e \vhere,the rigrt-ohvi\y-is,as longj<is someone else, is:happy wiih it. Mr..Burke:'Ithihk part..,of tiie, challenge is that somebody isn't happyWith,it'yct, ihe pe:9ple:who supp'orted,this andtl1ey jlIst recel1tly'rege(vedthe data. 'We have to give thel1l a:chance to review tbe data at1d,theh~reporltb us'whether theY'fe happy, .. " Further discussion colitih\lec\withlurther disagfeenienFamol1g;GRC members. ML;Scirnia: J didn't Ine!lrno sLlggest tqMr.,Haas that he hacl..c\one.8nything'wrong 9 eRe Mee!ing. Wednesday. A~gl1st 13.2003 As far as'waiting an(\ther month, that would be problematic to us. I would like to ask for a special meeting sometime next week to give Kate time to look at this. General agreement from CRC members. Mr. Burke: We are going.to vote on this motion that Mr. Battreall made to table it with the intention that we will h<jve a meeting probably before our next [scheduled] meeting. So what will happen is, Kate and. others will look through the exhibits and say, yes it's do.ne, and then we)e ready to move. Then we will call a meeting at that point, whenever that point happens to be. If we never reach that point, then we won't call an extra meeting. Mr. Koven: Parliamentary procedure, if you put it onthe.table it requires a motion to put . it back on the tilb1e. We can ju~t not take action on itat all tonight and bring.it back at a next meeting. I would rather see us do that then table this. Because if we put it on the table it could be stuck there and I'm not willing, I will vote against it. Mr. Battreall: My motion is on the floor. If you want to defeat it and cOlne up with another motion, that's fine. Mr. Burke: How do we untable it? Mr. Battreall: You just call a meeting and you bring it back up on the table.and vote it back in and discussjt. Mr. Sharp: In actuality if you were to follow parliamentary procedure, there will have to be a motion made to lift it from the table and that motion will have to CatTY. So it's not as simple as scheduling a meeting. I, therefore too, will not be voting to table. I think we can come up with another alternative to arrive at the same place. Mr. Haas: The alternative is simply not to take action. Further discussion followed. Mr. Burke: All in favor of Mr. Battreall;s motion. Three in favor, Mr. Koven and Mr. Sharp opposed. Minutes Mr. Carter moved the minutes of the,July 15,2003, meeting be approved. Following a second by Mr. Sharp, the.motion was unanimously approved. Report from Mavor None 10 CRCMeeting"Wc_dnesd21Y,_ August.f'J, 2003 'ReporHrom Director ML Engel,kfng repcHled the,diI1 pile,bnRat<;e[ ,2 so\lth;tias.beenremovcd and demolition isul1derway,on the,Muldoonrsproject: SESCOis,supposed to he d9in'g their horings under (he b,ike 'shop, Onselhey arc done with that, the, demolition will be completed, They'wilrtake'the asphalt'andthe pad, ' Report from'ML LiIJig, DOCS Mr, Lillig: We'areexpecting,revised plans'for Sl1apiro:s,Phase '11,6yFfiday to g'9 with the ADLS pricKyhinll we'are MiicipiHmg a'heahngon that on August 29, Lspoke withJim Thomas, of AMLI", this morning about the'signpackagefor,ln'e'Old T9wI1 rJroJecrand similar lathe proje,ctsJhat I spoke to the [eRG] Architectural Review Committee about lastmonth, there;are;sign txpes)n tharpackage tl1at\vere, approved bithe CRCtha~. would need varianceL~io Fmjust goingto sChedulethat.aliJngwith'the othertw6 fanhe ,'BZA hearingoffice,r.and m~ke the CRCt~~ petitioner On that'maiter,tosave,AM LI the ,fees, and theoresponsibilities of notice" DOCS wilJ:takec~i'e of all tliaL Mr, Engelking'distributed the'site plajis for'$~apito's Phase II foj' CRe's reviewatC]1ris McComas' request Financial Report Ms, Mielk,eTeported the.balance on July 31 ,2003"was $1,112, 035, Note;that we have receiveclthererriaiIider of"Our"TIF i'evenue, It iSanticipateg that \,fe,w.ill receivethe,othet, " , . half in,December. The other item that has been changed is ihaHhe construction [Jrojects have been con~oJj(jatedinto Qne line item which wi11 bejn agreementlvith MLcilds' spreaasheet on :projects, ' Approval of Invoices Invoices were submitted in the'ainount 0['$147,%2,5 L; The'Tdz6iind Bologria' invoice, wHich was,questioned!ast month was exphiinetL Ii was,higher'because they had appraised Parcel 5 <fsfive or six indivii:lllal parccls:ani;l,di(fcon1R-~"on each one, ML Cai:ier:a~ked wl]Q'\voulcLbe payingJo't',t1le)"ateno refill the pool after it'was repainted, Mt: OIds said the contractofWouldbe and we liave'more than enough rft6ti~Y left,in lhe retai'nage,to cover it Briefdiscussion.foHowed about.comractot liens on the polid, Mr. Battreall move'd the;invoicesbe,paid, Following a,second,byML Sharp; the motion., was unani'mously' approved, Reports'from Attorneys BnlceDonaldson, Barnes '& 'Thornburg, presentecl,reso]utions fOf'ap,proval: \l eRe Meeting. Wednesday. August I~. 2003 Resolution #1-2003, Resolution of the City o"f Carmel Redevelopment Commission Approving an Amendment to the Integrated EcoTlomic Development Plan for the Old Town Economic Development Area [removing some parcels from Old Town EDA]. Mr, Sharp moved the CRCapprove Resolution #1-2003. Following a second by Mr. Battreall, the motion was unanimously approved. Resolution #2-2003, Resolution of the City of Carmel Redevelopment Commission Approving an Amendment to the Amended Redevelopment Plan for the City"Center Redevelopment Area [adding same parcels from Old Town EDA]. Mr. Sharp moved the CRCapprove Resolution #2-2003. Following a second by Mr. Battreall, the motion was unanimously approved. Resolution #3-2003, Resolution of the City of Carmel Redevelopment Commission Authorizing the Issuance of Bonds for the Purpose of Providing Funds to be Applied to Pay for Redevelopment Projects and Incidental Expenses in Connection Therewith and on Account of the Issuance of the Bonds [Bonelin the amount not to exceed.$2,995,000]. ,Mr. Sharp moved the CRC approve Resolution #3-2003. Following a second by Mr. Battreall, the motion was approved with four in favor, Mr. Koven opposed. Resolution #4-2003, Resolution of the City of Cannel Redevelopment Commission, Making Preliminary Determination to Enter into Lease [to enter into a lease with the CR Authority for road fina'ncing]. Mr. Sharp moved the CRC approve Resolution #4-2003. Following a second by Mr. Batt.reall, the motion was approved with four in favor. Mr. Koven opposed. Mr. Donaldson continued: 1 have an additional resolution [Resolution #5-2003], which would be the first step of a mending' the Illinois Street area to incorporate the C-21 0 area so that. it could be pait'of the lease financing with the Redevelopment Authority. Because we would be expanding the area by more than 20% it has to go through the whole four- step process. The first.step would be, tonight your approval of an amendment to the area. The second step would be Plan Commission approval which we're trying to go,the.Plan Commission at a special meeting on September 2. The third step would be to go to City Council at its September 15 meeiing in conj\lJJction with the.lease ordinance. And then it would be back for a public hearing here in October. Mr. Donaldson distribut(':d copies of tbe resolution, noting Mike Shaver has tbe actual amendments that expand this plan to include the C-21O area. This allows the road projects in the C-210 area to be eligible for this lease financing. This is step one, like a. declaratory resolution. . Mr. Sharp moved the CRC approve Resolution 5-2003. Following a second by Mr. Carter, the motion was unanimously approved. 12 CRC.~e~t)ng, \'vednesday",AuglJst !'J,)003 tvlr. Haas recommellded~II",CRt:.approvean engagement.lette[ with Mike Shaver, Wabash Scientific, on the.'c{mdition that the'engagement letterlvas revised,asMr, Haas had requested, So moveclbyMr. Sham,Pollowing;a 'secondbyMi'. Burke; the motion was unanilllously appn:jved" Shapiro's Mr. .shapi'r'oh~s'requested aright ofeiltr;y"whkh Iy.I("H,aas)S,recommending we,grall! with the understanding thaflle will not be,ab!e,to;do;anythlng that he:is,.norpcrmitted tb, do tit'der}he Rfoject;agreementatid. thath~is'n()t'pefmitted to do ,without any permits until heobtains'those permits, So moved,hyMr. BattrealL Followi'ng a second by'Mi, 'Sh~tpJhe inotion was.unflllimously approved., Mr.HaasreportecLwe,havereceiveda check for,$2S00 from Ryland as penheagreemenl with th~m, becllus'e:'6ne'6fthe townhomes sold for.j, purchase-pri'ce' greater thanthebase price. Mr.I'Iaasrequested atithol'iiation forMr,. Etjgelking to obtainappn\is~ls on three 'properties (Payless,Liquors, Q'Malia Bakery;:Amoco Service,Station) in aid ;fown: So mbvedby Nlr. Sharp, ]1011pwingii second'by Mr. Cilrter, the motion was unani mous!y ~pproved, Report from Arcliitect Parcel #2, sOllth Mr,. 01ds reportNIAMLLhasrefl)sedl.b gr'lrlt ~n ef!;scmeilt,f()r,Kdsene so KOsel}ehas deciileclto move thCiroad over'approximately five feet. Kosene was approved N.lhe public Hearing on Allgust.5subj"d to ,approval Qfreyised site plans because of the cI\anges, Once this1is'receivtd, therfunds should be rel~,j's.e'd fram escrow. Theolittle bit of ren:mihing'dirt'will be 111Oved'across Third Avenue, Parcel.#2,inorlh Pedcar is currently under construction, Slreetscape Stfeetscapealong Third Av~nue'needs:t()becal'ried dutih terms. of'design and , - T - ,_ , , engineering to meet the Kosene requirementforstreetscapein front dftheirprbperty by the cnd.af,this'year, The,stret:tscapewould cn.compass.everythingon the west side of Third Avehuedong {(osene's parcel: It jflcludes'lightirig, landscaping, irrig~tioii" eveFytiliilg that is,necessary, leavingtlie existil~g sidewalk ih' place. Pull off lane. and sicle\valk'work along the:sides ohile Veterans.Memoriai parcel wOUld need to,be done. Thc:Jighting for the Veterans,Memorial project woulclilOthdncluctecl at thistitrte. . We'also have afl' obligf!,tion to.d6:sgeetscap~ for 'pedcyralong Third A ve~\ie In. conjunction withthafis.aJsothe'serecn for'thc lIft,station. the design of-the lift'station scwenhas yet,to be reso}ved between the dey.eJoperanclJheUtilities Department. 13 CRC Meeting. Wednesday, August 13.2003 Mr. aids continued: If YOll follow through and.Pedcor wants the last piece of their property, you would also have the streetscape from Third A venue to the AMLI property along City Center Drive. This includes thewide sidewalk by the pull off lane. The pull off parking would be part of the bid,package, but Pedcor would pay for it. They [Pedcor] would also be responsible for part of the cost of the lift station screening. The streetscape package needs to go out for public bidding at least in September. Mr. Sharp moved Mr. aids begin the bid process for the streetscape as noted. Following a second by Mr. Battreall, the motion was unanimously approved. Parcel #3 Pumps and motors were to be installed this week. Mr. aids will check to see. Parcel #4 Mr. aids reported they are in the process of submitting a design to First Indiana that meets the design requirements that the CRC has mandated for this parcel. Parcel #7 Carme', Rotary is having a planning session for the amphitheater on Monday, August 18. Parcel #9 Developer has cleared site and getting ready to start construction once he has his tenant lined up. Veterans Memorial Site development work for their designated area is estimated at $165,000 plus $14,000 engineering documents for bidding. This completes the perimeter of the site. The CCVMC would be responsible for completing the interior. Mr. Engelking noted there is some money left from the HUD grant which could be used for the sidewalks since this is above the detention' area. Mr. Battreall made a motion to amend the earlier motion for streetscape bids to include this area in the streetscape bid package. Following a second by Mr. Sharp, the motion was unanimously approved. Shapiro's Phase 11. Parcel i 0 Mr. aids suggested the CRC hire Gilliaite Construction, Shapiro's general contractor, as construction manager for the CRC portion of the work to be done on this parcel. Estimated cost of the workis $725,000. The construction manager would take sub-bids for the project and carry it out as a CRC project and not go to the formal public bidding process and advertising for the project. This will eliminate the timetable problem we would have with the public bidding process and could save some costs, depending on what the contractor's fee would be. Discussion followed. Mr. aids said the CRe would 14 . "eRG-Meeting, \Vc::dll~sd~y. Augus~.l\ 2Q.g3 still be" involved in approving the' bids, Each of the, major subcontractors would be bonded, Mi, Haas said'in this piutjctlTar situatioTl tlie,decision shouldbe,made based on )-Vhether or not wewanHomakesurewdlaveithesameConipiuiycoofdinating'all tlie wprk. I recommend you have Mr. Oldscheck out the "going market'! is, [lIe-agreed:] Mr. Shai-p,moved the ORe authorize Mr, Olds to approach Gi'lIiatte to.aet'as construction manager afteifirst cxpibrinlftlie market andsee.if hf carj,arrive at an appropriate deal. Seconded ,by Mr.Battreail. Brief discussion followed. ,then the lliotion,WAs unariimously approved. Parcel # ]'[ If the bank does jH~t need, all. of Pared #4, J,h,ereiSsti 11 a 30,0,00 sq~are 'foolarea west of Veterans Way,extension, Mr, bldssuggestect:it:be sorci sepatatelyfor retailor'office with par'king belo).V ah9,aparfments oreondQs abov,e: Sllggested plans )-Veresuomitteo'in,the, CRG packets,.Obtailiing additional ground (JS,OOO sf) to the nortli would al1m'" for nJ.gre pMking. . McOlds: Thiswould also allow'us)O relocatNhelVIononTralLramp whIch,currently runsJhrbLigh the: middle ohhat property. Theal:iility to,~;;:L1 this to_:8 developer issomething'the CI:<.Cmay want to consider. Mayor' Brainard said' there was alreadyapotential develqper'i ntere~t~d)n'if. ReportHrom eRe Members/Col'respondence/Old BIIsinesslNew'Business, None Next Meeting September'] S,brie( meeting. prior to City Counell meeting. Next reg'LllatmeetingisTu,esdllY,:'iepteml:)er 1.~,,6:30.ExeciItive Scssional)d 7 p.m. for regular.meeting, Adjournment Mr. Sharp moved the.meeting be,adjourned. Following a second .byMr, Burke, the motionwas.Lin<j.iiimbuslyapprovccl ~hd.the m.eeting'adjourned at ,9'28'p,ril_ 15