Loading...
HomeMy WebLinkAboutCRC-11-13-02CRC Meeting, November 13, 2002 1 CARMEL REDEVELOPMENT COMMISSION Meeting Wednesday, November 13, 2002 President Rick Roesch called the meeting to order at 5:35 p.m. Commission members present were Luci Snyder, John Koven, Ed Burke and Ron Carter constituting a quorum. Also present were Steve Engelking, Kate Weese, Lance Stanley, Les Olds, Karl Haas, Kelli Lawrence, Sherry Mielke, Jim Higgins and Laura Alderman. Representing the Carmel Clay Veterans Memorial (non-profit) Corporation were Bill Ensign, Robert M. Book, Terry T. Fleming, Don Hudson and Dan Hause. Brian Shapiro and Chris McComas were also in attendance for a presentation. Phyllis Morrissey as support staff. Presentation from Shapiro Chris McComas presented a proposal to develop Phase II, Parcel #5 for two other buildings just north of Shapiro’s Delicatessen, fronting on Range Line Road. The building on the corner by Monon Green Drive would be a 5200 sf one story (but looking like two stories) bank which is already leased. The center building would be two stories with 9200 sf of retail on the ground floor and 9000 sf office space on the second floor. The two buildings would be linked by a section over the bank drive-thru with offices in that level. The bank drive-thru traffic would flow from the parking lot to the west and head towards Range Line exiting with a right turn only. Streetscape like what is in front of Shapiro’s is continued on up the street. Mr. McComas distributed a proposed schedule. There is work the CRC would need to have done for the project to move forward: streets, utility extensions, parking lots, and drainage. Mr. McComas said they would be changing civil engineers with this project and planned to sign a contract with CSO to provide this. Structural engineer will remain McComas Engineering. The architect will be Mr. McComas himself, who has become an equity owner in the project. He will be doing the architecture outside his partnership at Rowland Design and will be the managing partner of this development. Mr. McComas would like to schedule a meeting with the CRC architectural committee. He noted the buildings would appear as three different buildings so they might have three different types of brick. The center building might end up being entirely retail, depending on the tenants signed. Discussion and comments followed. Ms. Weese expressed a concern about the right turn only onto Range Line Road, noting people still try to turn left. The consensus from the Commission was very favorable. Mr. Koven moved the CRC approve the concept. Following a second by Ms. Snyder, the motion was unanimously approved. CRC Meeting, November 13, 2002 2 Mr. McComas will set up a meeting through Mr. Olds with the architectural review committee. Mr. Roesch asked him to also get the proposal to the Department of Community Services for review. Presentation from Veterans Mr. Bill Ensign, president of the newly organized Carmel Clay Veterans Memorial Corporation, introduced the other veterans in attendance. The groups which have put the “seed money” up to start the organization are: American Legion, Veterans of Foreign Wars, their auxiliaries, and the Retired Officers Association. The organization’s goal is to design a memorial that will commemorate the services of all five branches of military service. They have done research on memorials, via programs and the internet, looking at design and costs. They are interested in placing a memorial somewhere east of the reflecting pond. Mr. Ensign: We had hoped you might give us some financial help. After a few more meetings we’ll have a better idea of what it’s going to cost. We’ll need money even to have a market research done to know how much we can tap the community for donations. We’ll look for corporate grants, state money, federal money, all these things we have yet to learn. Mr. Ensign asked about the timing of erecting a memorial if the retail is built on the rest of Parcel #5, noting he saw the presentation last week by Lauth Property Group. Mr. Roesch: They [Lauth] told me they are moving along with their concept and will be prepared to make an offer in our December meeting. Mr. Roesch continued: The space could be provided, maintained as grass on a temporary basis, and the work done on a modular basis. Mr. Ensign said they felt it was important that the memorial be placed where there is lots of pedestrian traffic with parking nearby. He said they would like to have it dedicated on Veterans’ Day, 2004. Discussion followed. Overall the response from the CRC was favorable. Exact location will be determined later if the project moves forward. Approval of Minutes Mr. Burke moved the minutes of October 16,2002, be approved. Following a second by Ms. Snyder, the motion was unanimously approved. Report from Mayor None, due to his absence. CRC Meeting, November 13, 2002 3 Report from Director Relocating Conduit in Old Town An existing street light conduit and control junction box in Old Town had to be relocated because of the AMLI construction. North American Construction Company, Inc., bid $6,700 for this work. Because Mr. Roesch is only permitted to approve 5% of the original contract, he authorized $4725 toward the work on October 23. In response to questions from Mr. Koven, Ms. Weese explained what the work entailed. Mr. Engelking asked for a motion from the CRC to approve the additional $1,975 change order to fulfill the entire contract. So moved by Ms. Snyder. Following a second by Mr. Carter, the motion was unanimously approved. HUD Grant Report Mr. Engelking reported on the status of the HUD grant: There is $567,000 remaining in the grant. Hopefully the money will be released on November 27. After two-three days the money should be available and Ms. Mielke will request the “draw down” as invoices for the work come in and are approved through Mr. Olds. She will then make arrangements with the Clerk Treasurer for payment directly to the vendors from the fund. Unlike the previous part of the grant, this does not go through CRC funds. CRC will be given a report of expenditures against the fund and for tracking the cost of the project. Mr. Engelking asked the CRC to think about this and approve the process at the December meeting. Ms. Mielke will change the monthly financial report so the HUD funds and expenditures against it are not included. They will be tracked separately. Pizza King Pizza King will be relocating soon and have asked for financial assistance for moving or construction costs in the new location. After a brief discussion, it was decided no money will be given because they are in a month to month lease. Report from DOCS Ms. Lawrence asked the Commission’s approval or opinion on the proposed design for the Tunnel Express sign, the café located below the bicycle shop. Since it’s in the C-2 district, Commission approval is needed before the department can have a hearing for it. Brief discussion followed. Mr. Burke moved for approval of the sign design. Following a second by Ms. Snyder, further discussion ensued. The motion was withdrawn. Ms. Lawrence will relay to the petitioner that the colors are a problem and that it should have a “colonial and Georgian” look to it. The department received construction plans for Parcel 2b, the Pedcor site, and this will be one of the agenda items at the Technical Advisory Committee, November 20, at 11 a.m. in DOCS’ conference room. Engineer’s Report Ms. Weese had nothing to report. CRC Meeting, November 13, 2002 4 Financial Report The draft report about the TIF has been received, but since no one has had a chance to review it, it will be tabled till next meeting. Mr. Burke said he was told there was no pressure on time. Ms. Mielke reported the October 31 was $38,043. In response to questions, Mr. Haas said the closing for Parcel 9 is scheduled for November 20. The amount on this is $550,000. Pedcor will probably close on or about the 30th of this month; Kosene closing is scheduled for December. Mr. Engelking was asked to check on the status of the Parks and Utilities leases for the Pedcor property. Discussion about cash flow followed. Mr. Roesch asked Ms. Mielke to modify the cash flow reports and send new ones to the members. Approval of Invoices Mr. Carter asked about the Zubek invoice. Mr. Haas said Greg Zubek is representing the CRC on the Goodyear condemnation matter. Mr. Olds requested that the Eden invoice for $82,318.92 be pulled. “They prepared to start the pond. The people from Texas were here. The big rain on Sunday [November 10] washed down a lot of mud and debris from AMLI’s unfinished area into the pond. It started running and flooded over into the underground chamber which holds all the pumps, motors and electrical equipment. I don’t think they checked on it. When they opened it up it was full of water. The internal pumping system could not keep up with the fact there was so much water flowing in from on top of it because of their failure to direct the water away from the chamber.” Mr. Olds continued: It was waterproof but they also discovered some leaks around the side. The water came up and fried the electrical distribution panel and of course water got into the motors. The people from Texas said, ‘You’ve lost your warranty. The motors are wet.’ So they pulled the motors out and new motors are hopefully being delivered. They’ll go back and try to restart the pond. Mr. Olds continued: So at this point my concern is that we hold enough money aside to make sure everything else is right with the job. Mr. Koven said he was there yesterday and last Friday and talked to the superintendent on the job. Mr. Koven said the superintendent said, “If we had a significant amount of rain and AMLI hasn’t got this problem taken care of, all that mud is going to be in that pond.” When Mr. Koven asked him whose responsibility that was, the superintendent said he didn’t know. CRC Meeting, November 13, 2002 5 Discussion followed. Mr. Olds noted part of this is AMLI’s fault. We ran piping over to AMLI’s buildings and asked them to connect their downspouts to the piping and they have never done it. Now they have put up erosion barricades. Ms. Weese asked where the muddy water was going, expressing a concern about it being put in the storm sewers. She asked Mr. Olds to coordinate the removal with her. Mr. Carter asked if the two dirt piles caused any of the problem. Mr. Olds said those were not the culprit. The culprit was incomplete grading that was not carried out, noting that was a joint problem between AMLI and Eden. We’ve tried to get them to mesh together. We’ve rushed to try to clear the land so AMLI can get their landscape plan done which would solve a lot of the problems. The design solution is there. It’s getting it implemented… Mr. Roesch asked if this was being documented so we could have a damage claim. Mr. Olds: We are documenting all the issues versus their delay claim for weather. Mr. Burke moved the CRC approve four claims (for Gillette, Whitman, PinPoint and J.F. New) for a total of $13,154.25 at this time and the rest on the list be paid after the next closing (with the exception of Eden which has been withdrawn). Following a second by Mr. Carter, the motion was approved unanimously. Report from Attorney Mr. Haas said he had no action items. Report from Architect Claim from Eden Mr. Olds reported Eden has made a claim for weather extending the schedule (96 days of bad weather which has been documented in their report). They are asking for approximately $41,000 for general conditions and mucking out the pond. “We’ve gone back and looked at the contract, a standard contract used by the City. It says the contractor shall bear all direct and indirect costs that are incurred during a delay period.” As I understand it, there is no obligation of the Commission to pay any money to the contractor. However, in my experience, contractors have been able to recoup general conditions for extended schedules that are no fault of their own, i.e., bad weather. Mainly they recoup general condition money because of failure of major equipment or pieces to arrive and the project can’t be completed. Weather has always been a big argument. Digging a hole in the ground which keeps filling up with water continually is a tough situation. My recommendation is you have counsel look at this and come back with an interpretation. Discussion followed. CRC Meeting, November 13, 2002 6 Mr. Haas: The contract says if there is unusually severe weather conditions, they get a time extension so they’re not penalized for failure to deliver on time. The contract then says, I think very clearly, that is the only remedy they get and the additional costs they incur are their own. Mr. Olds was asked to send a letter to the contractor so stating. Demolition Contract Parcel #5 Brandenburg was to be called back to complete the work, the final alternate for $6,910, but the timing for this is uncertain. This is the long strip north of Muldoon’s. It was agreed to pay off the contract but not have them do the work. Mr. Olds will send a letter requesting an invoice for payment of $6,910. Reflecting Pond Mr. Koven asked about the location of the fountains in the pond, noting he thought they were both in the larger area, not the ice skating area. He expressed concern about the safety issue and the potential for damage to the fountains and lights. Mr. Olds said the fountains have always been in the same place. Discussion followed. Mr. Koven: Another problem with the 30’ fountain is if it’s windy, the water will be blown clear over onto the AMLI apartment building windows. Mr. Olds said there is a wind sensor that goes with fountains, if the wind picks up the fountains lower. He will check to see if we have ordered this. Further discussion. It was noted the idea of ice skating on part of the pond was added later which partially explains why no one thought about the fountain and lights being in the way. Mr. Olds will look at the situation and see if he can come up with any solution. Parcel #2 Dirt It was decided the Street Department will move the dirt, using rented equipment. The east/west gravel drive will be left in place to be used by Pedcor. Parcel #5 Light fixtures are due in December. Jim Thomas is working on the infill for the pylon signs, three panels on each side. Remainder of Parcel #5 CRC Meeting, November 13, 2002 7 Two areas next to the Monon Trail were not included in the original bid request. Appraisals and legal descriptions and boundaries are needed. Mr. Haas said those two parcels will have to be advertised. Mr. Carter asked if we needed to be concerned that someone would buy just those two areas and not the whole parcel. Mr. Haas said the offering will be set up [for the whole parcel] to give preference to someone who makes a bid to develop those two little parcels in conjunction with all the remainder of parcel #5. Cost estimate for CRC’s work for Parcel #5. Mr. Olds noted these costs are detailed in packets. He explained some of the costs. Monon Green Drive is currently carried in cost estimates at $250,000 for the construction from Range Line back to Veterans’ Way. This is part of the Shapiro site. Project agreement will need to be very clear who is responsible for this. Additional streetscape work needs to be done. Mr. Haas and Mr. Olds will look at the project agreement. Cost of Land The question has come up about the cost of land per acre. Mr. Olds said the land along Range Line Road and City Center Drive is more valuable. Discussion followed. Ms. Snyder noted the work the CRC does is to improve property and add it to the tax rolls, not to make money. “Generally I don’t like to borrow money, but if I’ve got a project in the works and I have to put out money right now and then sell the pieces to get the money back, I don’t mind doing that. Because I don’t want to have to do something in pieces and have it cost more in the end.” Mr. Roesch: If we did have to do that [borrow to do the whole thing], I think the purchaser has to provide a performance bond. Ms. Snyder: Absolutely. And if he’s going to take down two quadrants, at least two, we would like symmetry on the frontage of Range Line Road. I don’t want him to take down one and then say he’s through. If we’re going to put in our fair share, I want a commitment on the other end. Discussion followed. It was decided to add up the cost of the land originally, and add the costs of improvements, including a contingency, to arrive at the true value of the parcels. Estimate at this time is $500,000-$600,000 per acre. Further study will be done. Stormwater Detention Parcel#2 Mr. Olds will advertise for bids for the stormwater detention system. These will be due December 11 and be opened at the CRC meeting that evening. The bids will be held for ninety days before being awarded. (This is because of HUD grant limitations.) Included CRC Meeting, November 13, 2002 8 in the specifications will be a statement “subject to HUD funding”. Alternate bids will be taken for the different materials. Parcel #9 Mr. Olds requested conceptual approval for Parcel #9 site plan from Ms. Weese and Ms. Lawrence, subject to final construction drawings submittal and review. Ms. Lawrence gave comments, but stopped short of actual approval. She feels it is important to at least have an entrance on City Center Drive. Mr. Reid is reluctant to do this at this time because he’s not sure of his tenants. Ms. Lawrence: My biggest concern is that everyone goes in to it with the understanding that there can be changes made and this is the concept, not the final plan. These issues can be resolved after closing and during the zoning review process as long as everyone understands. She noted in the packets that she provided an alternate elevation that the department thought had better proportions than the one that was submitted with the dormers. Amphitheater Mr. Carter questioned whether we should even have an amphitheater. Mr. McComas told him that ADA requirements now state you cannot have handicapped seating in only one area of a venue. You’ve got to offer seating in all levels of a facility, from a view standpoint and a cost standpoint. Which means we would have to ramp the amphitheater all the way to the bottom. He continued: If the gazebo concerts want to come here, we would lose a lot of the ambiance of the gazebo concerts by having people have to sit in amphitheater seating. Would we be better off to have a proscenium stage above ground and grass? The other thing I would say, this cost for the amphitheater seemed low. We don’t have anything here for restrooms or dressing rooms. Mr. Olds said it is a concept, which happens to be on the plan, but we are “not married” to it. The CRC can decide whether to keep it or to change it. Mr. Koven: I don’t like the idea of the war memorial being at the end of the reflecting pond. I like the idea of a clear view from Range Line Road all the way back to the reflecting pond. I like having an amphitheater in that part of it, with the stage part lowered and the people seated facing Range Line Road. He suggested the memorial be around the back of the stage. It is an area where people are going to be walking. Mr. Koven: I see the amphitheater more like what Starlight Musicals used to be, not like the gazebo. I like the quaintness of everybody being there with their little picnic baskets. If you put in seating or benches, that takes away from it. CRC Meeting, November 13, 2002 9 Mr. Engelking noted the placement of a memorial would be complicated by the weight factor on top of any detention area. Mr. Koven also expressed concern about the large number of geese hanging around the pond. Ms. Weese said Veterans’ Way is a logical place for a memorial with the flags nearby. Mr. Carter said if we’re going to have some sort of entertainment venue out there, we need to have restrooms, dressing rooms, a sound system and lighting. Mr. Olds: We’ve always looked at the amphitheater to be just an open space in the traditional Roman style, pretty plain, waiting for someone to come forward and say we need to do more things. Same with restrooms on the Monon Trail. Mr. Roesch: These are things we can all communicate to Mr. Olds. Reports from CRC Members None. Correspondence None Old Business None New Business Mr. Roesch: We’ve talked for years about the Super Shops location and how it meets the legal and dictionary definition of blighted. We’ve talked and know we need to do something about it. We need to move the process along and declare this blighted. It just can’t sit there for years and years in litigation without us doing something. That’s one of our charges. We need to find out exactly what it’s going to cost us to pay for that property as we condemn it. Ms. Snyder volunteered to get some kind of market value idea before the CRC gets a regular appraisal. Mr. Roesch: We need to be able to proceed in the process of declaring that an economic development area. The first step would be to actually have a study done. We can probably get the price of that study by the next meeting. Mr. Koven: What is the downfall if we declare it an economic development area and then don’t buy the property? We haven’t created something that causes somebody else hardship down the road? CRC Meeting, November 13, 2002 10 Mr. Haas: That puts it on a “condemnation watch list” If you’re to make the determination of blight and it becomes part of your redevelopment area, and then you did nothing more ever, and if the property is sold, there would be some concern that it had been added to the condemnation watch list. You could “unblight” it, take it off. That’s the only downside. Mr. Carter moved the CRC begin the process of the findings and determinations with respect to blight as it applies to the Super Shops site. Mr. Burke seconded the motion. Mr. Haas then explained further what the motion would entail. It was then unanimously approved. Next Meeting December 11, Executive Session at 6:30 p.m., regular meeting at 7 p.m. Adjournment Ms. Snyder moved the meeting be adjourned. Following a second by Mr. Koven the motion was approved unanimously and the meeting adjourned at 8:35 p.m.