Plan commission again denies redevelopment commission’s order

For the second time, the Seymour Plan Commission voted on amending the city’s economic development plan to add the Community Agency Building to the plan and acquisition list.

During the Dec. 14 meeting, it was given an unfavorable recommendation by a vote of five for, three against and three absent. Six votes in favor of the request were needed to make it favorable. Three members were absent.

During the Jan. 11 meeting, Mayor Matt Nicholson again presented his proposal to turn the first floor of the downtown building at 113 N. Chestnut St. into a theater for plays, musicals, movies, comedy shows, meetings and other events. Whitney Thoele with Southern Indiana Mental Health Clinic shared her vision of expanding the clinic in the building to offer more services.

On Feb. 8, the commission voted five for and four against. Again, the order received an unfavorable recommendation because at least six favorable votes were needed. Matt Wheeler, Rick Schleibaum, Dave Eggers and Dan Robison cast the nay votes. President Jeri Wells and Dave Earley were absent.

Before the vote, Nicholson told the commission members they were voting on whether this proposal fits the economic development plan of the redevelopment commission.

“It’s not a decision of whether or not you are deciding who the (Community Agency Building) board chooses to sell to,” he said. “It’s not even a decision of what it turns into after the fact because there are options A, B, C, all the way through S. It just depends on what the piece turns into.”

He again stated when the redevelopment commission was formed in 2008, it looked at funding three areas: Industrial development, education and downtown. In 2021, quality of life was added. The mayor said his proposal for a theater on the first floor fits both downtown and quality of life.

Robison asked if an offer on the building by a private entity has been accepted, and Nicholson said he wasn’t aware of that. Local Realtor Rob Millman then spoke up and said, “There has been.” Robison said he had spoken with a private developer and was told they had the property under contract.

Nicholson asked Robison if he cared to share who the private investor is and said the CAB board hadn’t notified him there was an accepted offer. The name of the investor was not shared.

“I just spoke to the board president earlier today. I will reach back out to them,” Nicholson said. “If that is the case, that saves you a lot of headache, but I still encourage you to vote in case there is not an accepted offer out there.”

Before Nicholson initially spoke, city attorney Christina Engleking said the order presented to the plan commission was the second step in a four-step process required by law in order for the redevelopment commission to be able to acquire real property.

Robison again questioned this being revisited and voted on when it was denied the first time, and Engleking said according to the commission’s rules of procedure, that’s allowed because it’s an order or a resolution, not a petition. She said she checked with outside counsel, who reassured her this is permissible, albeit rare.

Since the commission president was absent, Vice President Eggers had to make the call on voting again, and he chose to allow it.

During the January meeting, Engleking said if the resolution isn’t passed by the plan commission, the redevelopment commission could use funds it has available as long as they are not derived from tax increment financing money, and it could move forward with making an offer to purchase the building.

“If the monies that are derived from TIF are planned to be used, a different avenue would need to be sought,” Engleking said.

The first floor of the Community Agency Building has been vacant since Indiana Health Center moved two years ago. The second and third floors mainly house offices for nonprofit organizations, which was the original intent of the building when it opened.

Now that offers have been made on the building, it will be up to the CAB board to make a decision on accepting either offer.

Nicholson said the theater would have nearly 120 seats, and the city would keep the second and third floors “doing what they are doing,” providing nonprofits rental space at an affordable rate.

The mayor said since the first floor has been empty, it has put some stress on the finances. If the city took ownership of the building, he said rent paid by tenants would go toward maintenance and upkeep, and it would be managed by a current parks and recreation department employee.

Thoele said she’s not against the theater, but she doesn’t think this is the right space for it. Her clinic is on the third floor of the CAB, and they already have run out of space and have a wait list. Their plan is to keep all of the other current tenants on one floor and have the clinic on the other two floors, and they could add onto their staff to take people off of the wait list.