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GOSHEN REDEVELOPMENT COMMISSION AGENDA FOR THE REGULAR MEETING & EXECUTIVE SESSION OF JANUARY 14, 2014 The Goshen Redevelopment Commission will meet on January 14, 2014 at 4:00 p.m. in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana. 1. CALL TO ORDER/ROLL CALL 2. ELECTION OF OFFICERS 3. APPROVAL OF MINUTES Regular Meeting Minutes of December 10, 2013 4. APPROVAL OF REGISTER OF CLAIMS Register of Claims for January 14, 2014 5. PUBLIC HEARING Confirmatory Resolution Amending the Boundaries of the Southeast Economic Development Area 6. UNFINISHED BUSINESS a. Resolution 1-2014 – Confirmatory Resolution Amending the Boundaries of the Southeast Economic Development Area b. Discussion – River Race Drive Layout (from Douglas Street to Jefferson Street) c. Resolution 6-2014 – Approve Matthews, LLC Architecture Plans for River Race Redevelopment Project d. Discussion Item - Powerhouse Lease Terms with Falling Waters, LLC 7. NEW BUSINESS a. Resolution 2-2014 – Category Transfer for Non-Reverting Fund b. Resolution 3-2014 – Approve and Authorize Execution of Agreement Amendment #3 with Abonmarche Consultants for AutoCAD Assistance for River Race Drive Development c. Resolution 4-2014 – Authorize Request to Conduct Phase II Investigation at 214. W. Jefferson (Hawks Building) d. Resolution 5-2014 – Authorize Request to Conduct Phase II Investigation at 718 E. Lincoln Avenue e. Discussion – Amending the Boundaries of the Consolidated River Race / US 33 Economic Development Area f. Discussion – City-Wide Capital Plan – Redevelopment Commission Participation 8. REPORT a. Monthly Redevelopment Report 9. OPEN FORUM The open forum is for the general discussion of items that are not otherwise on the agenda. The public will also be given the opportunity at this time to present or comment on items that are not on the agenda. 10. ANNOUNCEMENTS Next Regular Meeting – February 11, 2014 at 4:00 p.m. 11. EXECUTIVE SESSION Pursuant to the provisions of the Open Door Law and Indiana Code § 5-14-1.5-6.1(b)(2)(D), the Goshen Redevelopment Commission will meet in executive session at the conclusion of the regular meeting for discussion of strategy with respect to the purchase or lease of real property by the Goshen Redevelopment Commission.

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Plans for the Matthews LLC half of the development along Goshen's Millrace.

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Page 1: 0114 MILLRACE

GOSHEN REDEVELOPMENT COMMISSION AGENDA FOR THE REGULAR MEETING & EXECUTIVE SESSION OF JANUARY 14, 2014

The Goshen Redevelopment Commission will meet on January 14, 2014 at 4:00 p.m. in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana. 1. CALL TO ORDER/ROLL CALL

2. ELECTION OF OFFICERS

3. APPROVAL OF MINUTES

Regular Meeting Minutes of December 10, 2013

4. APPROVAL OF REGISTER OF CLAIMS Register of Claims for January 14, 2014

5. PUBLIC HEARING Confirmatory Resolution Amending the Boundaries of the Southeast Economic Development Area

6. UNFINISHED BUSINESS a. Resolution 1-2014 – Confirmatory Resolution Amending the Boundaries of the Southeast Economic Development

Area b. Discussion – River Race Drive Layout (from Douglas Street to Jefferson Street) c. Resolution 6-2014 – Approve Matthews, LLC Architecture Plans for River Race Redevelopment Project d. Discussion Item - Powerhouse Lease Terms with Falling Waters, LLC

7. NEW BUSINESS a. Resolution 2-2014 – Category Transfer for Non-Reverting Fund b. Resolution 3-2014 – Approve and Authorize Execution of Agreement Amendment #3 with Abonmarche

Consultants for AutoCAD Assistance for River Race Drive Development c. Resolution 4-2014 – Authorize Request to Conduct Phase II Investigation at 214. W. Jefferson (Hawks Building) d. Resolution 5-2014 – Authorize Request to Conduct Phase II Investigation at 718 E. Lincoln Avenue e. Discussion – Amending the Boundaries of the Consolidated River Race / US 33 Economic Development Area f. Discussion – City-Wide Capital Plan – Redevelopment Commission Participation

8. REPORT

a. Monthly Redevelopment Report

9. OPEN FORUM The open forum is for the general discussion of items that are not otherwise on the agenda. The public will also be given the opportunity at this time to present or comment on items that are not on the agenda.

10. ANNOUNCEMENTS

Next Regular Meeting – February 11, 2014 at 4:00 p.m. 11. EXECUTIVE SESSION

Pursuant to the provisions of the Open Door Law and Indiana Code § 5-14-1.5-6.1(b)(2)(D), the Goshen Redevelopment Commission will meet in executive session at the conclusion of the regular meeting for discussion of strategy with respect to the purchase or lease of real property by the Goshen Redevelopment Commission.

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GOSHEN REDEVELOPMENT COMMISSION MINUTES OF THE REGULAR MEETING HELD

December 10, 2013

CALL TO ORDER/ROLL CALL The Goshen Redevelopment Commission met in a regular meeting on December 10, 2013 at 4:00 p.m. in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana. The meeting was called to order by President Thomas Stump. On call of the roll, the following members of the Goshen Redevelopment Commission were shown to be present or absent as follows: Present: Laura Coyne (arrived at meeting following roll call), Stephen Oyer, Thomas Stump, Jeremy Stutsman and Vince Turner Absent: Cathie Cripe APPROVAL OF MINUTES A motion was made by Commissioner Stutsman and seconded by Commissioner Oyer to approve the minutes of the November 12, 2013 regular meeting. The motion was adopted unanimously. APPROVAL OF REGISTER OF CLAIMS A motion was made by Commissioner Turner and seconded by Commissioner Oyer to approve payment of the Register of Claims totaling $1,118,015.33. The motion was adopted unanimously. UNFINISHED BUSINESS

a. Resolution 94-2013 – Ratify Execution of Agreements for the Sale and Purchase of Real Estate for the

Stormwater Facility on Kercher Road Mark Brinson, Community Development Director explained these are the Agreements for last three properties to be purchased. Of the properties purchase, only 309 E. Kercher will be rented. The plan remains to take the homes down when the detention area goes in. He passed out maps showing the properties that have been purchased. Larry Barkes explained that closings have been held on all properties with the exception of 602 E. Kercher, which should be closed by the end of the year.

Commissioner Laura Coyne arrived at this point of the meeting at 4:05 PM. A motion was made by Commissioner Turner and seconded by Commissioner Stutsman to approve Resolution 94-2013. The motion passed unanimously.

b. Resolution 95-2013 – Ratify Execution of Sidewalk Repair and Maintenance Program Agreement with Lyman Hug

of Shutterhugs or 132 S. Main Street A motion was made by Commissioner Stutsman and seconded by Commissioner Oyer to approve Resolution 95-2013. The motion passed unanimously.

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c. Resolution 96-2013 – Approve Policy to Solicit Professional Services Larry Barkes, City Attorney, distributed a three year history of professional services contracts with dollar amounts and explained to the Commission that since the last meeting, the minimum threshold was increased from $3,000 to $5,000, but there was no change to the $15,000 threshold based on the information provided in the history. A motion was made by Commissioner Stutsman and seconded by Commissioner Oyer to approve Resolution 96-2013. The motion passed unanimously.

d. Resolution 97-2013 – Approve and Authorize Execution of Agreement with Russell Appraisal Service for

Appraisal Services for the Intersection Improvement Project at State Road 15 and Kercher Road Mary Cripe, City Civil Engineer, explained this appraisal process was discussed during the last meeting; this is for the approval of the Agreement. A motion was made by Commissioner Oyer and seconded by Commissioner Coyne to approve Resolution 97-2013. The motion passed unanimously.

e. Resolution 98-2013 – Approve and Authorize Execution of Agreement with Rita Ann Gabriel Associates, Inc. for Review Appraisal Services for the Intersection Improvement Project at State Road 15 and Kercher Road Mary Cripe explained this is the Agreement for the review appraisal fees for the above appraisals for which we need to purchase right of way. A motion was made by Commissioner Oyer and seconded by Commissioner Turner to approve Resolution 98-2013. The motion passed unanimously.

f. Discussion – Updated 2014 Meeting Schedule

A motion was made by Commissioner Stutsman and seconded by Commissioner Turner to change the meeting previously scheduled on Tuesday, November 11, 2014 (Veterans Days) to Wednesday, November 12, 2014 at 4:00 PM. The motion passed unanimously.

NEW BUSINESS a. Resolution 99-2013 – Category Transfer for Non-Reverting Fund

A motion was made by Commissioner Stutsman and seconded by Commissioner Oyer to approve Resolution 99-2013. The motion passed unanimously.

b. Resolution 100-2013 – Approve and Authorize Execution of Agreement for Sale & Purchase of 301 S. Third Street

Mark Brinson explained that this is the last property in the Third Street area the City has yet to purchase. It is on the southwest corner of Jefferson and Third Street. A motion was made by Commissioner Turner and seconded by Commissioner Coyne to approve Resolution 100-2013. The motion passed unanimously.

c. Resolution 101-2013 – Approve Roth Wehrly, Inc. Invoice for Reimbursement for Relocation Costs – 65758 SR 15

Commissioner Stutsman recused himself from the discussion and vote and left the meeting area for the reason that Roth Wehrly, Inc. has relocated into one of Commissioner Stutsman’s properties.

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Larry Barkes agreed with several of the Commissioner’s concerns that the amount requested seemed a bit high, however, he felt it is consistent with the INDOT regulations. A motion was made by Commissioner Oyer and seconded by Commissioner Coyne to approve Resolution 101-2013. The motion passed unanimously.

d. Resolution 102-2013 – Approve and Authorize Execution of a Contract with C & E Excavating for Intersection

Improvements at Kercher Road & US 33 Commissioner Stutsman returned to the meeting area at this point in the meeting. Mark Brinson explained that the bid tab for this project was included in the packet. Mary Cripe indicated a lot of good bids from good contractors were received and she is requested the Commission approve the Contract with C & E Excavating. A motion was made by Commissioner Oyer and seconded by Commissioner Coyne to approve Resolution 102-2013. The motion passed unanimously.

REPORTS a. Redevelopment Report – Mark Brinson, Community Development Director

Community Development Director Mark Brinson offered to answer any questions about the monthly report; however the Commission did not have any.

OPEN FORUM Mayor Kauffman asked if the Commissioners appointed by him would be willing to be appointed again and all responded positively. ANNOUNCEMENTS It was announced that the next regular meeting is scheduled for January 14, 2014 at 4:00 p.m. ADJOURNMENT The regular meeting was adjourned at 4:28 p.m. APPROVED on January 14, 2014.

Goshen Redevelopment Commission _______________________________________ Thomas W. Stump, President _______________________________________ Jeremy P. Stutsman, Secretary

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GOSHEN REDEVELOPMENT COMMISSION

January 14, 2014 Register of Claims The Goshen Redevelopment Commission has examined the entries listed on the following

Expenditure Report for claims from December 6, 2013 through January 9, 2014 and

except for those not allowed as shown on the Expenditure Report, such entries are

allowed in the total amount of $224,766.30.

APPROVED on January 14, 2014.

Goshen Redevelopment Commission _______________________________ Laura Coyne _______________________________ Stephen L. Oyer _______________________________ Thomas W. Stump _______________________________ Jeremy Stutsman _______________________________ Vince Turner

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GOSHEN REDEVELOPMENT COMMISSIONItemized Expenditure Report

Claims from 12/6/13 through 12/31/13

Invoice Date

11/30/2013

12/6/2013

12/12/2013

12/12/2013

12/12/2013

12/12/2013

12/12/2013

Payee

Indiana Media Group

Menards - Goshen Store # 3096

Goshen, City of (for Redevelopment Payroll)

Goshen, City of (for Redevelopment Payroll)

Goshen, City of (for Redevelopment Payroll)

Goshen, City of (for Redevelopment Payroll)

Goshen, City of (for Redevelopment Payroll)

Description

Publication - Notice of Adoption of Declaratory Resoluti

Extra keys for 309 E Kercher Road, Goshen

FICA - 11/29/13 - 12/12/13

Health Insurance - 11/29/13 - 12/12/13

Medicare - 11/29/13 - 12/12/13

PERF -11/29/13 -12/12/13

Wages - 11/29/13 - 12/12/13

Claim #

1549

1548

1551

1551

1551

1551

1551

Line Number

473-560-00-439.0930

406-560-00-429.0002

406-560-00-413.0100

406-560-00-413.0501

406-560-00-413.0200

406-560-00-413.0300

406-560-00-411.0130

Total:

Amount

$23.94

$5.48

$323.77

$1,221.00

$75.72

$714.63

$5,497.12

$7,861.66

Wednesday, January 8, 2014 Page 1 of 1

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GOSHEN REDEVELOPMENT COMMISSIONItemized Expenditure Report

Claims from 1/1/14 through 1/9/14

Invoice Date Payee Description Claim # Line Number Amount

12/12/2013 Nye Appraisal Service Appraisal of 716 E. Lincoln Avenue 1331 480-560-00-439.0930 $295.00

12/18/2013 American Structurepoint, Inc. Kercher Road Reconstruction from Norfolk Southern M 1330 473-560-00-431 .0502 $484.26

12/20/2013 Abonmarche Right of Way and Easement Survey for River Race Driv 1329 480-560-00-431.0502 $7,559.40

12/23/2013 Goshen Water & Sewer 211 E. Madison Street Utilities 1336 480-560-00-439.0930 $14.55

1/3/2014 Goshen, City of (for Redevelopment Payroll) FICA - 12/13/13 -12/26/13 1328 406-560-00-413.0100 $349.35

1/3/2014 Goshen, City of (for Redevelopment Payroll) Health Insurance - 12/13/13 - 12/26/13 1328 406-560-00-413.0501 $1,310.00

1/3/2014 Goshen, City of (for Redevelopment Payroll) Medicare -12/13/13 -12/26/13 1328 406-560-00-413.0200 $81.70

1/3/2014 Goshen, City of (for Redevelopment Payroll) PERF - 12/13/13 -12/26/13 1328 406-560-00-413.0300 $631.08

1/3/2014 Goshen, City of (for Redevelopment Payroll) Wages - 12/13/13 - 12/26/13 1328 406-560-00-411 .0130 $5,634.60

1/8/2014 Indiana Association of Cities &Towns IACT Annual TIF Reporting Webinar 1337 406-560-00-439.0930 $34.00

1/8/2014 Jones Petrie Rafinski Corp. Waterford Mills Additional Design Engineering 1338 473-560-00-431.0502 $8,221.85

1/8/2014 Jones Petrie Rafinski Corp. Waterford Mills Land Acquisition Services 1338 473-560-00-431 .0502 $2,136.75

1/8/2014 Jones Petrie Rafinski Corp. Waterford Mills Re-Acquire Existing ROW 1338 473-560-00-431.0502 $1,000.00

1/9/2014 Goshen, City of (for Redevelopment Payroll) FICA - 12/27/13 - 1/9/14 1339 406-560-00-413.0100 $349.35

1/9/2014 Goshen, City of (for Redevelopment Payroll) Health Insurance - 12/27/13 - 1/9/14 1339 406-560-00-413.0501 $1,310.00

1/9/2014 Goshen, City of (for Redevelopment Payroll) Medicare - 12/27/13 - 1/9/14 1339 406-560-00-413.0200 $81.70

1/9/2014 Goshen, City of (for Redevelopment Payroll) PERF - 12/27/13 - 1/9/14 1339 406-560-00-413.0300 $631.08

1/9/2014 Goshen, City of (for Redevelopment Payroll) Wages - 12/27/13 - 1/9/14 1339 406-560-00-411.0130 $5,634.60

1/31/2014 Goshen, City of Local Major Moves Cnstruction Fund Bi-Annual Installm 1327 480-560-00-439.0930 $131,843.98

1/31/2014 Martins Super Market, Inc. Final TIF Reimbursement Payment 1340 480-560-00-439.0930 $48,942.91

12/6/2014 Barkes, Kolbus, Rife & Shuler, LLP Hawks Building Easement Vacation 1333 480-560-00-431.0502 $145.90

12/13/2014 John Hall's True Value Hardware Duplicate Keys - 714 E. Lincoln 1332 480-560-00-439.0930 $2.58

12/16/2014 Soil and Materials Engineers, Inc. Hawks Building Brownfield Remediation Assistance 1334 480-560-00-431 .0502 $210.00

Total: $216,904.64

Wednesday, January 8,2014 Page 1 of 1

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RESOLUTION 01-2014

Confirmatory Resolution to Amend the Boundaries of theSoutheast Economic Development Area

WHEREAS the City of Goshen recently annexed certain undeveloped real estate generally located north ofDavis Drive, south of Kercher Road, east of Dierdorff Road, and west of Sourwood Drive in which any newdevelopment will benefit from projects in the Southeast Economic Development Plan;

WHEREAS the City of Goshen recently annexed certain real estate generally located north of County Road40, south of Hackberry Drive, east of Corrie Drive, and west of US Highway 33 in which new industrialdevelopment is proposed that will benefit from projects in the Southeast Economic Development Plan; and

WHEREAS the Goshen Redevelopment Commission (Commission) believes it is reasonable and appropriateto amend the boundaries of the Southeast Economic Development Area to include the additional areas asdepicted on the map attached as Exhibit A and the corresponding parcel numbers listed in Exhibit B attachedto this resolution.

WHEREAS the Commission adopted a Declaratory Resolution 87-2013 to Amend the Boundaries of theSoutheast Economic Development Area;

WHEREAS pursuant to Indiana Code § 36-7-14-16(a), the Goshen Plan Commission has determined that theDeclaratory Resolution and the Economic Development Plan for the Southeast Economic Development Areaconform to the City of Goshen’s Comprehensive Plan and has issued a written order approving theDeclaratory Resolution and the Plan;

WHEREAS pursuant to Indiana Code § 36-7-14-16(b) and Indiana Code § 36-7-14-41(c), the GoshenCommon Council has approved the Plan Commission’s written order and approved the RedevelopmentCommission’s determination that the additional areas as depicted on the map attached as Exhibit A and thecorresponding parcel numbers listed in Exhibit B attached to this resolution should be added to the SoutheastEconomic Development Area;

WHEREAS pursuant to Indiana Code § 36-7-14-17 and Indiana Code § 5-3-1, a notice of the adoption andsubstance of the Declaratory Resolution and a notice of public hearing on the proposed amendment waspublished in the Goshen News and filed; and

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WHEREAS the Commission has conducted a hearing at which the Commission received and heard allremonstrances and objections from persons interested in or affected by the proposed amendment.

The Goshen Redevelopment Commission NOW CONFIRMS AND FINDS that:

1. The Commission previously established the Southeast Economic Development Area which is scheduledto continue until May 11, 2033.

2. It is the intent of the Commission that the amendment of the boundaries of the Southeast EconomicDevelopment Area occur without modifying the previously established allocation provisions, baseassessed values, base assessment dates, or the manner in which tax increment is calculated for the realestate currently included in the Southeast Economic Development Area.

3. The additional areas as depicted on the map attached as Exhibit A and the corresponding parcelnumbers listed in Exhibit B attached to this resolution shall be added to the existing SoutheastEconomic Development Area.

4. The Economic Development Plan (Plan) for the Southeast Economic Development Area can be betterachieved by amending the boundaries of the Southeast Economic Development Area to include theadditional areas as depicted on the map attached as Exhibit A and the corresponding parcel numberslisted in Exhibit B attached to this resolution.

5. The Plan for the Southeast Economic Development Area will promote significant opportunities for thegainful employment of the citizens of Goshen.

6. The Plan will provide needed improvements to the Southeast Economic Development Area which willretain and expand existing businesses and will attract new businesses to the City of Goshen.

7. The capital improvements outlined in the Plan will not occur by the regulatory processes or by theordinary operation of private enterprise without resorting to the Commission’s powers under IndianaCode 36-7-14-2.5 and 43 because of lack of public improvements, lack of funding for neededimprovements, and multiple ownership of land.

8. The public health and welfare will be benefitted by the accomplishment of the Plan for the SoutheastEconomic Development Area.

9. The accomplishment of the Plan for the Southeast Economic Development Area will be of public utilityand benefit to the Goshen community. The benefit to the community will be able to be measured bythe attraction and/or retention of permanent jobs and an increase in the property tax base.

10. The Plan for the Southeast Economic Development Area is not modified by the amendment of theboundaries. The Plan previously approved is consistent with other development and/or redevelopmentplans for the City of Goshen, including the City of Goshen’s Comprehensive Plan.

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NOW, THEREFORE, BE IT THEREFORE RESOLVED that the Goshen Redevelopment CommissionCONFIRMS as follows:

1. The Southeast Economic Development Area shall be amended to include the additional areas asdepicted on the map attached as Exhibit A and the corresponding parcel numbers listed in Exhibit Battached to this resolution.

The Southeast Economic Development Area, as amended, is generally located south of College Avenue,west of County Road 31 and the railroad, east of Main Street/State Road 15, and north of WoodfieldRoad/County Road 40 and includes the areas described and depicted in the previously adoptedResolution 76-2012, Confirmatory Resolution for the Southeast Economic Development Area, alongwith the additional areas depicted on the map attached as Exhibit A and the corresponding parcelnumbers listed in Exhibit B.

2. All provisions of the Economic Development Plan for the Southeast Economic Development Area shallapply to the additional areas as depicted on the map attached as Exhibit A and the corresponding parcelnumbers listed in Exhibit B attached to this resolution in addition to the real estate already included inthe Southeast Economic Development Area.

3. All rights-of-way necessary to complete the infrastructure improvements identified in the Plan shall bededicated to the City or acquired by the appropriate City Board.

4. The Plan is not modified or amended, therefore no additional real estate parcels other than the thoseparcels previously identified will need to be acquired to carry out the Plan for the Southeast EconomicDevelopment Area.

5. For the purposes of the distribution and allocation of real property taxes, “Allocation Area” means allof the area described and depicted in the resolutions originally establishing the Southeast EconomicDevelopment Area, and shall also include the additional areas as depicted on the map attached asExhibit A and the corresponding parcel numbers listed in Exhibit B attached to this resolution.

The base assessed value and base assessment date for the real estate already in the Allocation Area shallremain unchanged. The base assessed value and base assessment date for the additional areas asdepicted on the map attached as Exhibit A and the corresponding parcel numbers listed in Exhibit Battached to this resolution shall be the assessed value of the real estate as of March 1, 2013.

6. The allocation provisions and expiration dates for the real estate already in the Allocation Area shallremain unchanged. The allocation provision and expiration date for the additional areas as depicted onthe map attached as Exhibit A and the corresponding parcel numbers listed in Exhibit B attached to thisresolution shall continue until May 11, 2033.

7. Any real property taxes levied on and after the effective date of this resolution by or for the benefit ofany public body entitled to a distribution of property taxes on taxable real property in the AllocationArea shall be allocated and distributed pursuant to Indiana Code § 36-7-14-39(b), except the propertytax proceeds in excess of those described in Indiana Code 36-7-14-39(b)(1) and (2) shall be allocatedto the redevelopment district and, when collected, paid into the allocation fund for the Allocation Area.

8. The purposes for which property tax proceeds paid into the allocation fund for the Allocation Area maybe used by the redevelopment district are limited to one (1) or more of the following:

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a. Pay the principal of and interest on any obligations payable solely from allocated tax proceedswhich are incurred by the redevelopment district for the purpose of financing or refinancing theredevelopment of the Allocation Area.

b. Establish, augment, or restore the debt service reserve for bonds payable solely or in part fromallocated tax proceeds in the Allocation Area.

c. Pay the principal of and interest on bonds payable from allocated tax proceeds in the AllocationArea and from the special tax levied under Indiana Code 36-7-14-27.

d. Pay the principal of and interest on bonds issued by the City of Goshen to pay for local publicimprovements that are physically located in or physically connected to the Allocation Area.

e. Pay premiums on the redemption before maturity of bonds payable solely or in part from allocatedtax proceeds in the Allocation Area.

f. Make payments on leases payable from allocated tax proceeds in the Allocation Area underIndiana Code 36-7-14-25.2.

g. Reimburse the City of Goshen for expenditures made by it for local public improvements (whichinclude buildings, parking facilities, and other items described in Indiana Code 36-7-14-25.1(a))that are physically located in or physically connected to the Allocation Area.

h. Reimburse the City of Goshen for rentals paid by it for a building or parking facility that isphysically located in or physically connected to the Allocation Area under any lease entered intounder Indiana Code 36-1-10.

i. Pay expenses incurred by the Commission for local public improvements that are in theAllocation Area or serving the Allocation Area. Public improvements include buildings, parkingfacilities, and other items described in Indiana Code 36-7-14-25.1(a).

j. Reimburse public and private entities for expenses incurred in training employees of industrialfacilities that are located in the Allocation Area and on a parcel of real property that has beenclassified as industrial property under the rules of the Department of Local Government Finance. However, the total amount of money spent for this purpose in any year may not exceed the totalamount of money in the allocation fund that is attributable to property taxes paid by the industrialfacilities described in this clause. The reimbursements under this clause must be made withinthree (3) years after the date on which the investments that are the basis for the incrementfinancing are made.

k. Pay the costs of carrying out an eligible efficiency project (as defined in Indiana Code36-9-41-1.5) within the City of Goshen as permitted by Indiana Code 36-7-14-39(b)(3)(L).

l. Satisfy or fulfill any other permitted purpose for the use of allocation funds under Indiana Code36-7-14-39 as may be amended from time to time.

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9. This resolution shall be effective as of its date of adoption.

10. The Secretary of the Commission is directed to record this Confirmatory Resolution with the ElkhartCounty Recorder and to notify the Department of Local Government Finance and the Elkhart CountyAuditor of the amendment of the boundaries of the Southeast Economic Development Area.

PASSED and ADOPTED by the Goshen Redevelopment Commission on January 14, 2014.

By: _____________________________________________

Printed: _________________________________

Title: President

By: ________________________________________________________

Printed: _________________________________

Title: Secretary

STATE OF INDIANA )) SS:

COUNTY OF ELKHART )

Before me, the undersigned Notary Public, personally appeared _________________________________ and_________________________________, the President and Secretary, respectively, of the GoshenRedevelopment Commission, and acknowledged the execution of the foregoing instrument on January 14,2014.

WITNESS my hand and official seal.

Resident of Elkhart County My commission expires March 8, 2017

______________________________________________Shari L. Bontrager, Notary Public

This instrument was prepared by Shannon Marks, Legal Compliance Administrator, City of Goshen LegalDepartment, 204 East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 537-3820.

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social securitynumber in this document, unless required by law (Shannon Marks).

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EXHIBIT A

Additional Areas to be Include in theSoutheast Economic Development Area and Allocation Area

Real Estate to be added to Southeast Economic Development Area and Allocation Area

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EXHIBIT B

Parcel Numbers of Additional Areas to be Include in theSoutheast Economic Development Area and Allocation Area

20-11-25-301-006.000-014/015 (annexation effective January 1, 2014)

20-11-25-351-004.000-014/015 (annexation effective January 1, 2014)

20-11-26-126-006.000-015 (annexation effective September 30, 2013)

20-11-26-126-007.000-015 (annexation effective September 30, 2013)

20-11-26-126-009.000-015 (annexation effective September 30, 2013)

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Phone (574) 534-220 I Fax (574) 533-8626 TDD (574) [email protected] www.goshenindiana.org

Engineering DepartmentCITY OF GOSHEN204 East Jefferson Street, Suite I Goshen, IN 46528-3405

ITTHGoslien

MEMORANDUM

TO: Redevelopment Commission

FROM: Engineering Department

RE: RIVER RACE AREA FROM DOUGLAS STREET TO JEFFERSON STREETAPPROVAL OF RIVER RACE DRIVE LAYOUTIN: 2011-0036

DATE: January 8, 2014

The Engineering Department prepared an engineer's estimate for the entire River Race area fromDouglas Street to Jefferson Street, and included the following items:

Reconstruction of the north/south alleyway from Douglas Street to Jefferson Street as anarrow two-way street with new water main.New construction of a street on the west side of the Matthews development with sanitarysewer. The sanitary sewer will also extend south through the Miller development.Reconstruction of Purl Street from Third Street to the North/South Alley to allow for theextension of sanitary sewer and looping of the water main.Reconstruction of Monroe Street from Third Street to the North/South Alley to allow forthe extension of sanitary sewer and looping of the water main.Reconstruction of Madison Street (with pavers/blocks) from Third Street to the Canal toallow for the extension of sanitary sewer and looping of the water main and to service theproposed development on the west side of the Canal.Reconstruction of Jefferson Street from Third Street to the North/South Alley to allow forthe looping of the water main.

The engineer's estimate for the construction work listed above IS $2,200,000.00 to$2,500,000.00.

The parking lot near the Hawks Building is not included in the above costs, but engineer'sestimates have been prepared utilizing asphalt pavement with storm sewer or utilizingarticulating block pavers (similar to Jefferson Street). Below see a summary of the costestimates for each option. Please see the attached drawings and engineer's estimates.

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Parking Lot Area Asphalt Permeable Articulating BlockOption A $124,300.00 $346,400.00Option B $ 93,300.00 $249,700.00Brick House $ 28,800.00 $ 72,900.00

The Engineering Department will be working on the design on this project, and anticipates thefollowing schedule.

January 2014

February 2014

March 2014

April 8, 2014

Goshen Engineering to begin design.

Utility Coordination meeting.

Schedule a meeting with the residents to review the plans., ..

Update the Commission and Request Permission to Advertise.

April 18 & 25, 2014 Advertise for bids.

May 5, 2014

May 13,2014

May 2014

November 2014

Bids due at Board of Public Works and Safety.

Redevelopment Commission awards contract.

Construction commences.

Construction completion.

Thank you for your time and consideration on this project. Please feel free to contact eitherDustin Sailor or Mary Cripe with any questions or concerns at 534-2201.

F:\Projects\2011\2011-0036 _ River Race Drive Construction\Correspondance\Memo to Redevelopment Commission for Approval of LayoutOl.08.2014.doc

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RESOLUTION 6-2014

Approval of Matthews Millrace, LLC Architectural Plans WHEREAS an Agreement for the Sale, Purchase and Development of Real Estate with Matthews Millrace, LLC was approved by the Redevelopment Commission on October 8, 2013; and WHEREAS the Agreement required Matthews Millrace, LLC to submit site plans and architectural plans to the Redevelopment Commission for approval before closing; and WHEREAS the site plans were approved with the Agreement and the architectural plans are now being submitted for approval by the Redevelopment Commission. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that the attached site plans and architectural plans submitted by Matthews Millrace, LLC for the development along the millrace are approved: PASSED and ADOPTED on January 14, 2014. Goshen Redevelopment Commission , President , Secretary

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Memo To: Redevelopment Commission From: Mark Brinson Subject: Matthews Millrace, LLC - Approval of Architectural Plans Date: January 10, 2014 ______________________________________________________________________ The Redevelopment Commission has approved an agreement with Matthews Millrace, LLC for the purchase and development of property along the millrace. The agreement requires the purchaser to submit site plans and architectural plans to the Redevelopment Commission for approval before closing. The architectural plans are attached. The plans include both 2 story and 3 story townhomes, reflecting the restrictions on building height that were included in the agreement. The site plan that was approved with the agreement as an exhibit is included for review.

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME - BASEMENT

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME - 1ST FLOOR

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MILL RACE TOWNHOMES - GOSHEN, IN2 STORY TOWNHOME - 2ND FLOOR

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME - ELEVATION

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME - BASEMENT

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME - 1ST FLOOR

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME - 2ND FLOOR

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MILL RACE TOWNHOMES - GOSHEN, IN3 STORY TOWNHOME - 3RD FLOOR

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Exhibit A

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Memo To: Redevelopment Commission From: Mark Brinson Subject: Powerhouse Lease- Falling Watters, LLC Date: January 10, 2014 Falling Waters, LLC has submitted a proposal to the Redevelopment Commission to lease property adjacent to the millrace powerhouse. The company proposes to construct improvements that would allow for the operation of a small hydro-electric generating facility. A proposed lease was submitted to the Commission in 2013 for consideration, but no action was taken. Further consideration of the lease was tabled due to concerns expressed by Falling Waters related to the lease payments. The proposed lease established an escalating monthly lease that would cap at $2,000 per month. Falling Waters has proposed a modification to the lease that would base lease payments on 10% of the gross revenue received from the sale of electricity to Nipsco. Attached is a letter from Falling Waters giving further explanation to their request. This topic is included on the January agenda as a discussion item.

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FALLING WATERS LLCNovember 05, 2013

Dear Mark;

Starting this missive I wish to remind one and all we are a startup company and as such we do not yet possessexperience for the equipment we intend to use, and have naught but the performance numbers supplied to us by themanufacturer's installations at numerous Europe sites. We do not expect any difference in function, but areuncomfortable committing to a substantial monthly rent payment in the face of so many uncertainties. Furthercomplications; flow rate in the canal is undetermined, nor does the city procured a commitment from ElkhartCounty Parks Department on the acre feet of water they will allow to the Goshen hydraulic canal now or in thefuture. These facts cause fungible numbers leaving us to hope for the best, and these numbers are in our pro­forma. We expect to spend upwards of $300,000 in engineering fees, for which we pray the TIF District will decideto make a contribution in consideration of the TIF's return in tax and rent payments, for this $3m installation. Theengineering must be completed before we present our requests to ACOE, DNR, FERC, USDA, and others forpermitting, funding etc. It should be noted as we discussed previously working with these agencies may take from3-5 years.

1. In lieu of a fixed monthly payment to Goshen we propose to pay 10% of our monthly gross income fromthe sale of electricity to NIPSCO from the first disbursement from NIPSCO, continuing with everypayment received thereafter until such time as lease is terminated in accordance with the provisions of thelease agreement. In achieving this we present you with two different suggestions:

a. NIPSCO pays FWLLC who then pays Goshen the rental payment of 10% with the right to auditNIPSCO payments FWLLC receives

b. We suspect NIPSCO will need the electrical production agreement in Goshen's name, NIPSCOpays Goshen, City Treasurer shall deduct the city's 10%, remaindering the balance to FWLLC

2. TERM: Starting December 01, 2013 with a payment of $125.00 to Goshen upon mutual execution of leaseagreement and Goshen's approval of FWLLC's proposed improvement plans, and said lease shall be filedwith the County Recorder as a Public Notice of the Goshen lien

3. INSURANCE: FWLLC shall have insurance in place before the commencement of any on siteconstruction work such as excavation, installation, etc.

Another issue continuously being brought forth is what happens if we are unsuccessful and the equipmentremains behind in the canal bed along with the new ancillary building on the baole In the forty three years I havebeen in business I have never seen a "what happens" contained in a lease. So I do not know how one would injectsuch a statement that in my mind is detrimental to the lender's comprehension of our business plan and lease whenthe lease contains the potential for failure to our landlord within our executed lease, nonsensical. Here to the bestof my knowledge is what could happen if we defaulted on our business loan; the lender would foreclose on ourbusiness loan thereby taking ownership of the installed equipment; lender then presents demand to USDA forreimbursement of 80% of loan amount. At reimbursement USD owns the equipment and probably delivers toGSA to dispose. GSA then lists it for sale and a buyer buys at the best price after meeting with you to discuss thelease and canal flow, etc., buyer may possibly pull equipment and move to a more viable location for these turbinesare in short supply. A scrapper may purchase, scrapping equipment and removing under terms of recorded lease.Follows the last updated lease of 8/15 with our comments in the balloons. Some comments now conflict with thisletter, questions arise please contact me.

David R. Snyder,Chairman/Manager

1657 Commerce Drive, South Bend, IN ;1.6628; P.O. Box 962, Notre DaIne, IN 46556-0962574/274-9246; wwwJallingwatershydro.colll

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RESOLUTION 2-2014

Category Transfer for Non Reverting Fund WHEREAS it was necessary to request the Common Council approve category transfers of funds within the Non Reverting Fund to adequately fund the PERF line through the end of the 2013 calendar year. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that the following category transfer of funds is approved: 406 – NON REVERTING FUND FROM: 406-560-00-431.0502 – Contractual Services .................................................................. ($3,800.00) TO: 406-560-00-413.0300 – PERF Retirement .......................................................................... $3,800.00 PASSED and ADOPTED on January 14, 2014. Goshen Redevelopment Commission , President , Secretary

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RESOLUTION 3-2014

Approve and Authorize Execution of Agreement Amendment #3 with Abonmarche Consultants, Inc. for Right-of-Way and Easement Survey

for Alley #135, Goshen, Indiana WHEREAS the City of Goshen and Abonmarche Consultants, Inc. entered into an Agreement dated February 28, 2012 for surveying services to establish the right-of-way and establish the telecommunications easement for Alley #135 ; and WHEREAS the results from the previous title searches resulted in the City’s need for additional surveying services, therefore the City entered into Agreement Amendment #1 dated July 26, 2012 to increase the scope of work to include preparing additional legal descriptions, exhibits and right-of-way vacation documents; and WHEREAS, the City entered into an Agreement Amendment #2 dated December 4, 2013 for additional topographic survey to design the roadway, utilities and parking lot around the Hawk’s Building; and WHEREAS, during the City’s design phase of the River Race Drive, the City requires AutoCAD assistance with the soil redistribution that has been performed; and WHEREAS it is recommended that the City enter into Agreement Amendment #3 with Abonmarche Consultants, Inc. to increase the scope of work to include providing AutoCAD assistance for caluculating earthwork volumes. The Agreement Amendment #3 is attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that: 1. The terms and conditions of the Agreement Amendment #3 as attached to and made a part of this

Resolution are approved. 2. Community Development Director Mark Brinson is authorized to execute the Agreement Amendment

#3 on behalf of the City of Goshen and the Goshen Redevelopment Commission with Abonmarche Consultants, Inc.

PASSED and ADOPTED on January 14, 2014. Goshen Redevelopment Commission ________________________________________ , President ________________________________________ , Secretary

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GdshenTH MAPLE CITY

Engine,ering DepartmentCITY OF GOSHEN204 EastJefferson Street, Suite I • Goshen, IN 46528-3405

Phone (574) 534-220 r • Fax (574) 533-8626. TDD (574)534-3 [email protected] • www.goshenindiani::};org

MEMORANDUM

TO: Redevelopment Commission

FROM: Engineering Department

RE: RIVER RACE AREA FROM DOUGLAS STREET TO JEFFERSON STREETAGREEMENT AMENDMENT #3 WITH ABONMARCHE CONSULTANTSIN: 2011-0036

DATE: January 8, 2014

Attached please find Agreement Amendment #3 with The Abonmarche Group for AutoCADassistance with 3-D modeling for calculating earthwork volumes along the proposed River RaceDrive from Douglas Street to Monroe Street. This AutoCAD assistance is needed for the designof the project, in order to minimize the number of truckloads of soil that needs to be disposed ofat the landfill.

At this time, we are requesting the Redevelopment Commission's review and approval of theattached Agreement Amendment #3 with The Abonmarche Group.

Thank you.

F:\Projects\2011\2011-0036 _ River Race Drive Construction\Correspondance\Memo to Redevelopment Commission 01.08.2014.doc

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AGREEMENT AMENDMENT #3

Right-of-Way and Easement Survey for Alley #135, Goshen, IndianaProject No. 2011-0036

THIS AGREEMENT AMENDMENT is entered into on this __ day of January, 2014,between Abonmarche Consultants, Inc., hereinafter referred to as "Consultant", and the City ofGoshen by Redevelopment Commission, hereinafter referred to as "City".

WHEREAS, the City entered into an Agreement with Consultant dated February 28th,

2012 for Consultant to provide surveying services to establish the right-of-way and establish thetelecommunications easement for Alley #135 in Goshen, Indiana for an amount not to exceedFive Thousand Dollars ($5,000.00).

WHEREAS, the results from the previous title searches resulted in the City's need foradditional surveying services therefore the City entered into Agreement Amendment #1 datedJuly 26, 2012 with Consultant to increase the scope of work to include preparing additional legaldescriptions, exhibits, and right-of-way vacation documents for the fixed fee of Three ThousandSix Hundred Ten Dollars ($3,610.00) for a total contract price not to exceed Eight Thousand SixHundred Ten Dollars ($8,610.00).

WHEREAS, the City entered into an Agreement Amendment #2 with Consultant datedDecember 4th

, 2013 for additional topographic survey to design the roadway, utilities andparking lot around the Hawk's Building.

WHEREAS, during the City's design phase of the River Race Drive along the MillraceCanal, the City requires AutoCAD assistance with the soil redistribution that has beenperformed.

WHEREAS, the City desires to contract with Consultant and Consultant agrees toincrease the scope of work to include providing AutoCAD assistance for calculating earthworkvolumes.

NOW THEREFORE, in consideration of the mutual covenants contained in thisAgreement Amendment #3 and the covenants contained in the original Agreement datedFebruary 28,2012, Agreement Amendment #1 dated July 26, 2012 and Agreement Amendment#2 dated December 4th

, 2013, the parties agree as follows:

SCOPE OF SERVICES

Consultant's services shall include assistance at the City's Engineering office to incorporateAutoCAD Civil 3D for calculating earthwork volumes and shall include the 3-D modeling in theCity's design of River Race Drive development along the Millrace Canal, due to the soil re­distribution.

TERM

Consultant shall complete all services by June 1,2014.

Page 1

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COMPENSATION

The City agrees to compensate Consultant for the above services based on a time and mileagerate of Eighty Dollars ($80.00) per hour for an amount not to exceed Four Thousand EightHundred Dollars ($4,800.00) for a total contract price not to exceed Twenty-one ThousandSeven Hundred Ten Dollars ($21,710.00).

All other terms and conditions of the February 28th, 2012 Agreement, the July 26, 2012

Agreement Amendment #1 and December 4th, 2013 Agreement Amendment #2 shall remain the

same.

IN WITNESS WHEREOF, the parties have executed this contract amendment, induplicate on __ day of January, 2014.

City of GoshenRedevelopment Commission

Mark Brinson,Community Development Director

Page 2

Abonmarche Consultants, Inc.

Bradley E. Mosness P.E.,Project Manager

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RESOLUTION 4-2014

Authorize Request to Conduct Phase II Investigations at 214 W. Jefferson Street, Goshen, Indiana

WHEREAS the City completed assessment activities on the property located at 214 W. Jefferson Street (former Hawks Building) in 2008/2009 and discovered a groundwater plume of PCE at the northern end of the parcel; and WHEREAS the previous sampling indicated that there are no groundwater impacts at the south end of the existing Hawks property but the data does not show how far south the plume does extend; and WHEREAS the plume continues to impact the property and is causing concern for the equity investors working with LaCasa on the residential redevelopment project; and WHERAS the requested supplemental assessment will show how far south the plume does extend. Provided the data comes back as expected, showing that the southern portion of the building planned for residential redevelopment is not impacted by the plume, LaCasa will receive a Comfort Letter from the Indiana Brownfield Program that does not list the plume as a Recognized Environment Concern; and WHEREAS the City can utilize the USEPA Assessment Grant to fund a Phase II Assessment for the property located at 214 W. Jefferson Street, Goshen, Indiana; and WHEREAS permission is being sought from the Commission to proceed with the assessment work. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that permission is granted to conduct Phase II investigations at property located at 214 W. Jefferson Street, Goshen, Indiana. PASSED and ADOPTED on January 14, 2014. Goshen Redevelopment Commission , President , Secretary

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Memorandum  

  

To: Redevelopment Commission From: Becky Hershberger Date: January 14, 2014 RE: Permission to Conduct Supplemental Phase II Investigations at 214 W. Jefferson Street –

Hawks Building

We are requesting permission from the Commission to utilize our USEPA assessment grant to fund supplemental sampling for the Hawks property.

In 2008-2009, we completed assessment activities on this property and discovered a groundwater plume of PCE at the northern end of the parcel. The source for the contamination has been identified as the former dry cleaning facility at the northeast corner of 3rd and Jefferson and they are working with IDEM to develop a plan for cleanup but it will take years before the remediation activities are complete. In the meantime, the plume continues to impact our property and is causing concern for the equity investors working with LaCasa on the residential redevelopment project. Our previous sampling indicated that there are no groundwater impacts at the south end of the existing Hawks property but our data does not show how far south the plume does extend. Our intent with the requested supplemental assessment is to conduct sampling at six (6) locations around the building to further evaluate groundwater, soil and soil gas. Provided the data comes back as we expect and shows that the southern portion of the building planned for residential is not impacted by the plume, LaCasa will receive a Comfort Letter from the Indiana Brownfield Program (IBP) that does not list the plume as a Recognized Environmental Concern (REC). Without the additional sampling, it will have to be noted as a concern in the letter.

SME has provided a not-to-exceed cost of $19,600 to complete the sampling for this site. A map depicting the sampling locations is attached and we have discussed this plan with both the USEPA and the IBP and they agree with the plan.

We are requesting that the Commission approve this request which will be utilizing our USEPA assessment grant funds.

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RESOLUTION 5-2014

Authorize Request to Conduct Phase II Investigations at 718 E. Lincoln Avenue, Goshen, Indiana

WHEREAS the property located at 718 E. Lincoln Avenue, Goshen, Indiana has historically been residential, however, it is located within close proximity to the salvage yard located at 828 E. Lincoln Avenue; and WHEREAS a Phase I ESA has recently been completed for this property raising a few concerns that identified the need for limited sampling; and WHEREAS the property located at 718 E. Lincoln Avenue is being considered as a potential site for a retention pond and the intent of the sampling is to confirm there is no contamination migrating from this site from the adjacent sites; and WHEREAS the City can utilize the USEPA Assessment Grant to fund a Phase II Assessment for the property located at 718 E. Lincoln Avenue, Goshen, Indiana; and WHEREAS permission is being sought from the Commission to proceed with the assessment work. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that permission is granted to conduct Phase II investigations at property located at 718 E. Lincoln Avenue, Goshen, Indiana. PASSED and ADOPTED on January 14, 2014. Goshen Redevelopment Commission , President , Secretary

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Memorandum  

  

To: Redevelopment Commission From: Becky Hershberger Date: January 14, 2014 RE: Permission to Conduct Phase II Investigations at 718 E. Lincoln Avenue

We are requesting permission from the Commission to utilize our USEPA assessment grant to fund a Phase II Environmental Site Assessment (ESA) for the property at 718 E. Lincoln Avenue. The property has historically been residential. However, it is located within close proximity to the salvage yard at 828 E. Lincoln Avenue and is being considered as a potential site for the retention pond planned to address the drainage problems along Steury Avenue. The intent of the sampling would be to confirm that there is no contamination migrating to this site from the adjacent sites. The Phase I ESA that was recently conducted identified the need for limited sampling.

SME has provided a not-to-exceed cost of $14,600 to complete the sampling for this site. The cost includes 4 borings along the eastern edge of the site and will evaluate contamination based on run-off from adjacent properties as well as potential groundwater impacts. A map depicting the sampling locations is attached and the property owner has agreed to provide access to all locations to facilitate the work. There is currently a purchase agreement in place. However, the City will not complete property acquisition until this work is completed.

We are requesting that the Commission approve this request which will be utilizing our USEPA assessment grant funds.

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January 2014 Redevelopment Report  

To: Redevelopment Commission

Date: January 14, 2014

1. Hawks Furniture Building Status Both LaCasa and the Redevelopment Commission have obligations under the purchase agreement that must be met prior to closing as well as obligations that must be met after closing:

Commission Obligations (to be completed)

Prior to Closing • Demolish the non-historic sections of the building and complete the environmental remediation under

those sections of the building. The planned partial demolition and remediation project for this site is now complete. LaCasa’s equity investors, however, have concerns regarding the PCE plume that exists at the north end of the parcel. We are requesting permission from the Commission at this month’s meeting to conduct supplemental sampling around the building to further define the extent of the plume. The gathered data will be reflected in the Comfort Letter issued by the Indiana Brownfields Program prior to transfer of the site to LaCasa in March 2014. The sampling plan has been reviewed by both the EPA and IBP and both are on board with the City’s approach to further delineation.

Post-Closing • Extend water and sewer lines • Convert alley into a street • Complete the environmental remediation along the canal bank (to occur after demolition) – Complete • Construct a public parking lot with 20 spaces • Move the utility lines on the west side of the alley • Construct a pedestrian path along the canal

LaCasa Obligations (to be completed)

Prior to Closing • Obtain funding commitments - Complete

Post-Closing • Complete building exterior, phase one interior (35 apartments) and site improvements

The only item remaining to be completed is the receipt of environment closure documents from IDEM. It is expected that this will occur in December which will allow for a closing before December 31, 2013.

2. South Link Road Project

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January, 2014 Redevelopment Report

2

The South Link Road project from SR 15 to Regent Street is progressing on schedule. We anticipate construction in 2016, which will be funded with 80% Federal STP funds and 20% local funds. The total construction costs are $9,455,003.00. The city has received $7,446,677.00 in Federal STP funds to utilize during the construction phase of the project. The City will be responsible for $3,487,978.00.

JPR is under contract to complete the design and manage all of the right-of-way acquisition.

3. Native Landscaping Project Maintenance We recently met with Parks Department staff to discuss future maintenance needs for the native landscaping projects that have been completed by the Redevelopment Commission in the last few years. These areas include US 33 – Phase I and II, the former NIPSCO site and the canal bank areas. Parks Department will be adding staff during 2014 and will have the capacity to assist with the maintenance. However, we intend to issue a Request for Proposals to qualified firms to assist in training for the proper care for these areas for the upcoming year. We hope to be bringing the proposals to the Commission early next year.

Phase III of the US 33 project has been designed by JPR but we plan to get all other areas under control and established prior to proceeding with that project.

4. USEPA Assessment Grant & Revolving Loan Fund (RLF) Grant Awards The City has received a community-wide assessment grant ($400,000) and a revolving loan fund (RLF) grant ($1,000,000) to be used for remediation projects from the USEPA. Both sources of funding will be used for sites throughout Goshen and will allow for collaboration with local businesses and developers to facilitate redevelopment projects.

For our assessment grant, we are working on Phase I’s for 902/904 Chicago Avenue and 630 Lincolnway East. Phase I’s have been completed for 310 S. 3rd Street, 215 Pleasant Street, 718 E. Lincoln Avenue and 808/810 Logan Street. We have also completed Phase II work at 828 E. Lincoln Avenue, 216 S. Main Street, 310 S. 3rd Street and the former Omnisource property. We have completed additional sampling at Site 7, as well, to gather the data necessary for closure with the Matthews development and are in the process of scheduling sampling activities at 215 Pleasant Ave. We are requesting permission from the Commission to complete Phase II sampling on Logan Street, 718 E. Lincoln Avenue and at the Hawks property at this month’s meeting. A few other prospective projects are under way and we will be bringing more information to the Commission as the official requests come in.

We met with our consultants for the RLF grant in early July to discuss potential projects and ideas for the available funding. We identified a few potential projects and have posed various questions to the USEPA looking at different ways we can utilize the funds to allow for the City to receive the best benefit from the grant.

5. Goshen Theater The next phase of the project will be to conduct a capital campaign feasibility study. This task will include interviews with potential donors and the evaluation of using Historic Tax Credits and New Market Tax Credits as innovative financing tools. This study has been funded, a consultant has been selected and it will be completed in the first quarter of 2014.

An application has been filed with the IRS to create a new 501 (C) (3) not-for-profit corporation called Goshen Theater, Inc. This new entity has been established to acquire the property and allow donors to make tax deductible donations to the renovation project, provided the capital campaign feasibility study produces favorable results.

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January, 2014 Redevelopment Report

3

The Goshen Fire Department recently inspected the fire escape on the south end of the building and determined that it could no longer be used due to deterioration of the structure. The result is that the ballroom on the third floor cannot be used until the fire escape is replaced. Goshen Theater Inc. is in the process of seeking funds to complete this project.

6. Canal Road Construction Current plans call for a two-way street approximately 16 feet wide so as to keep speeds low and discourage cut-through traffic. The design will be completed by the Goshen Engineering Department. Construction is planned for 2014. The project area will extend from Douglas to Jefferson.

7. NIPSCO Building The Redevelopment Commission approved a lease/purchase agreement with the Goshen Brewing Company to convert the Nipsco building into a brew pub. The tenant will take possession of the building in November and should complete construction in the first quarter of 2014. The facility should be open to the public by May of next year.

8. Northwest Bike Connector The Northwest Bike Connector route will connect the northwest Goshen neighborhoods to the US 33 Commercial district. It extends west along Bashor Road from US 33 to CR 17 and then north to the Sam’s Club parking lot. The first phase of the bike path along Bashor Road has been constructed and the second phase is now being designed.

The Goshen Engineering Department has received a commitment for federal matching funds for this project. A RFP for a design services was issued and proposals DLZ was selected as the project consultant. Construction is expected to begin in 2015.

9. 324 South 5th Street In April, 324 South 5th Street was transferred from the Board of Works to the Redevelopment Commission. The purpose of the property transfer was to allow the Commission to offer the property for sale or lease. A Request for Proposals (RFP) was approved by the Commission and has been issued. As of the initial due date, no proposals have been received.

This property is not actively being marketed at this time. Based on discussions with the Redevelopment Commission, staff will wait until a formal decision is made on the US 33 relocation project before transferring this property to a new owner.

10. Mill Race Townhomes and Flats The Redevelopment Commission has approved a development agreement with developer David Mathews to construct townhomes along the millrace. Approximately 25 townhomes and flats will be constructed on the parcel situated north of Purl and south of Madison. Under the terms of the agreement, the Redevelopment Commission will reconstruct the north/south alley on the eastern edge of the site, install new water and sewer mains and construct a public street between the townhome development and the millrace. Construction is anticipated to begin in 2014.

11. Millrace Neighborhood Development The Redevelopment Commission has selected the Millrace Neighborhood, Inc. as the developer for the parcel along the race located south of Purl and north of Douglas. Staff has been working with project developer Richard Miller to negotiate a final development agreement. Under the terms of the proposed agreement, the

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city will be responsible for reconstructing the alley from Purl to Douglas and extending sewer and water mains to the site. Construction is anticipated to begin in 2014.

12. Downtown Vault Repairs The Commission has approved $60,000 to fund the Downtown Vault Closure Program. The purpose of this program is to provide matching funds to close vaults located under sidewalks in the central business district. A total of 24 vaults were found to be in need of repair.

To date this program has funded vault closures at the following locations:

• 209 South Main (John Hall’s)

• 106 North Main (RC3 Realty)

• 227 S Main (Dew Drop Inn)

• 110 E Lincoln (Mervin Schrock)

• 101 S. Main (1st Source Bank)

• 115½ South Main (John Davis)

• 218 N. Main (Cuauhtemoc Perez)

• 122 S. Main Street (Gutierrez Mexican Restaurant)

• 120 S. Main Street (Sorg)

In addition, there were 47 properties where it could not be determined whether vaults existed because no access was available from the interior of the building. To conclude if additional vaults exist, it was necessary to use ground penetrating radar (GPR) to check for voids under the sidewalk. The GPR survey has been completed and a report on the results was presented at the August meeting. Preliminary findings indicated that there were additional open vaults in the downtown that were not discovered during the initial survey. However, upon further investigation it has been concluded that there is only one additional vault on East Lincoln that needs to be filled. Since this particular vault is not accessible from the adjoining property, the property owner will not be responsible for making the repairs. The Commission has authorized staff to fund these repairs out of the remaining funds that were allocated to the Vault Closure Program.

13. Powerhouse Proposal

The Commission has requested proposals to lease the Powerhouse. A proposal from Falling Waters, LLC was received in December and is currently being reviewed by City staff. The Commission has tabled this proposal and will take action at a future date.

14. Kercher Road Retention Area The Engineering Department is in the process of developing a plan for a stormwater retention area on the north side of Kercher Road, just east of the railroad tracks. This project will address some of the flooding problems in the Goshen Industrial Park.

The City has secured right-of-entry onto several of the properties and has begun conducting soil borings to determine the height of the water table and the type of soil conditions present in this area. Once these factors

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are determined, a design for the retention area will be completed by the Engineering Department. Property acquisition is now complete.

15. Railroad Curve Realignment, Safety Improvements & Quiet Zone The Commission approved a contract with American Structurepoint earlier this year to begin looking at the feasibility of creating a quiet zone along Norfolk Southern’ s north/south line adjacent to 9th Street. This project was highly desired by the participants in the 9th Street Corridor planning project. The timing of the North Connector Route for US 33 and the curve realignment at the north end of the tracks seem to be aligning with the timing of implementation of the quiet zone. We met with the corridor business owners on the 9th and held a Corridor Steering Committee meeting on August 14th to present Structurepoint’s early findings. We also met with a few of the residents of the East Lincoln Crossroads neighborhood in late September to discuss the potential future projects and impacts that would affect their neighborhood. This is a project that will be discussed in much greater detail in the coming months as more information is gathered.