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HomeMy WebLinkAboutRM 10-18-74SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING October 18, 1974 10:30 A. M. 1200 County -City Building Presiding Officer: Mr. F. Jay Nimtz 227 W. Jefferson Boulevard President South Bend, Indiana 46601 1. ROLL CALL resent: Mr. F. Jay Nimtz, President Mr. John E. Chenney, Vice President Rev. Willie V. Williams, Secretary Mr. Donald A. Wiggins, Member sent: Mr. B. L. Wade, Assistant Secretary egal Counsel: Mr. Kevin J. Butler Media: Ms. Mr. Mr. Mr. Mr. Mr. Jeanne Derbeck, South Bend Tribune Reporter David W. Anderson, WNDU -TV Reporter Jim Holloway, WNDU -TV Photographer Dan Caesar, WSBT -TV Reporter Larry Ford, WSJV -TV Reporter Les Howard, WSJV -TV Photographer hers Present: Mr. Morris L. Morrison, President, Board of Trustees Mrs. Janet S. Allen, Interested Citizen Mr. John Deering, The Hickey Company Mr. Gene Evans, South Bend Civic Planning Assn. Mr. Hubert Getzinger, Chairman, Downtown South Bend Council Ms. Sandy Greenhut, Interested Citizen Ms. Glenda Rae Hernandez, Treasurer, Southeast Side PAC Mr. John R. Kagel, Executive Director, Downtown South Bend Council Mr. Karl King, Chairman, River Bend Plaza Advisory Committee Mr. Thomas A. Oesterling, Clyde E. Williams & Associates, Inc. Mr. Bill E. Slabaugh, Dept. of Public Works Rev. John E. Smith, Project RENEW Mr. Edward F. Soltez, Cap Council, United Auto Workers Mr. James A. Walsh, First Bank & Trust Company Mr. Edward E. Werley, Environmental Planning & Design Mr. James F. Zackrocki, The Hickey Company, Inc. Mr. Billy Catron, Student, University of Notre Dame Mr. Tracy Deering, " " It " " Miss Heidi Hyler, " If " " " Miss Mary Kay Kelly, If it If If " - 1 - CALL (Cont'd) L A Staff: Mr. L. Kent Wilcox Mr. William C. Ellison Ms. Helen S. King Mr. Lawrence E. Wartha Ms. Marzy Bauer Mr. Louis N. Wilcox Mr. C. Wayne Brownell 2. APPROVAL OF MINUTES motion by Mr. Wiggins, seconded by Rev. Williams and MINUTES APPROVED nimously carried, the Minutes of the Regular Meeting October 4, 1974, were approved as received. 3. APPROVAL OF CLAIMS —r--- T e Hickey Company, Inc. claim, in the amount of $194,483.37, CLAIMS APPROVED ( % of the 10% retainage amount), was tabled at the last C mmission meeting of October 4, 1974. The retainage and the difficulties incurred with the pools (fountains) were discussed at great length in the earlier session of this meeting, with the public and news media present, wherein the Commissioners and Legal Counsel ap- proved the release of the 7% retainage amount for payment. TVs was included with the claims before the Commission f r payment authorization. The motion was made by Mr. Wiggins, seconded by Mr. Chenney and unanimously carried, to authorize the payment of the c aims -- totalling $366,404.65. The claims authorized are as follows: PIE.A. ACCOUNT FUND E -3 S anley Walczak Construction and James L. & Iva Joan Austin, #26 -14 Total BUREAU OF HOUSING N.D.P. E -7 M dison Builders, Inc. C arles Pryor B siness Systems, Inc. N1D.P. A -10 1 Estate Purchase Total rion Malone, Parcel #76 -6, A -10 (SE #1) D pt. of Housing & Urban Development M szynski Insurance Agency, Inc. Roemer, Sweeney, Butler & Simeri Total - 2 - $ 1,956.00 1,956-.00 $ 60.00 32.00 70.82 162.82 $ 2,800.00 1,494.00 312.00 101.50 4,707.50 3. AA PROVAL OF CLAIMS (Cont'd) P1E.A. R -57 sal Estate Purchase S Joseph County Commissioners- Parcel #5 -16, Vacant Lot Holland Street S Joseph County Commissioners - Parcel #11 -3, Vacant Lot Camden Street S Joseph County Commissioners - Parcel #24 -2, Vacant Lot South Chicago, Belleville, Inc. S Joseph County Commissioners - Parcel #29 -9, 130 Falcon (Jackson Manual) S . Joseph County Commissioners -- Parcel #29 -5, Vacant Lot Falcon Street Treasurer of St. Joseph County - Parcel #31 -3, Vacant Lot South Iowa Street Treasurer of St. Joseph County - Parcel #32 -9, 305 South Chicago Street R emer, Sweeney, Butler & Simeri 2 .. B & B. Trash Removal D pt. of Housing & Urban Development I diana & Michigan Electric Company Lawson Associates J hn G. Pence Associates, Inc. Roemer, Sweeney, Butler & Simeri Sears, Roebuck & Company D pt. of Public Works D pt. of Public Works DEVELOPMENT REVOLVING FUND Payroll: October 1 to 15, 1974 Frank J. Alford Frank J. Alford B bbs Merrill Co., Inc. City Controller of the City of South Bend Comet Car Wash G if Oil Corporation I diana Bell Telephone Company I diana Bell Telephone Company I diana & Michigan Electric Company I diana Truck Wash, Inc. I diana University at South Bend I ternational Business Machines, Corp. L-nder & Kerrihard Co., Inc. 0 fice Engineers, Inc. - 3 - $ 635.00 500.00 760.00 580.00 545.00 530.00 24.86 91.00 Total 3, .86 $ 98.75 7,040.00 10,741.68 1,638.00 2,850.00 1,851.50 57.44 83,287.44 6,194.22 Total 13,75 .03 $ 8,436.16 148.92 31.77 22.30 670.67 23.25 243.40 1,098.77 1,014.80 22.94 5.00 100.50 310.40 665.18 69.97 3. DROVAL OF'CLAIMS (Cont'd Pence, Dickens, Heater, Inc. $ 6.24 St. Joseph Travel Agency 146.55 S ars, Roebuck & Company 57.44 South Bend Water Works 37.50 S anz Cheese Co., Inc. 19.90 Urban Coalition of St. Joseph County 74.15 U S. Postmaster 98.68 Total 13,304.49 URBAN REDEVELOPMENT FUND Relocation Claims Housing Authority, City of South Bend - Security Deposit, Jo Ann Jones $ 78.50 I diana & Michigan Electric Co. - Meter Deposit, Jo Ann Jones 25.00 LaSalle Park Homes - Security Deposit, Elizabeth Laurence 100.00 Northern Indiana Public Service Co. - Meter Deposit, Jo Ann Jones 35.00 South Bend Water Works - Meter Deposit, Jo Ann Jones 24.00 K ert Concrete, Inc. 146.88 M cri Jewelers 75.00 Total 484.38 P.IE.A. MERRY AVENUE 1 Estate Purchase Board of Commissioners, St. Joseph County - Parcel #1 -5 r, Sweeney, Butler & Simeri TRICT CAPITAL FUND Allex Batcho DI TRICT CAPITAL FUND - 1972 Ch m -Go - Uni Chemical Corporation Colip Brothers Electrical Co., Inc. F1 igs International Flags International In Tana Bell Telephone Co. Si ton Supply Co., Inc. S1 tsky -Peitz Plumbing & Heating Co., Inc. So th Bend Hardware Co. So th Bend - Mishawaka Area Chamber of Commerce An rew Troeger_& Co., Inc. Lo is N. Wilcox Hi key Company, Inc. - 4 - Total Tota 1 Total $ 1,000.00 97.00 _1,07.00 $ 4,166.00 $ 4 6.00 110.00 861.79 394.50 196.00 132.94 14.00 172.79 130.38 523.98 746.22 833.35 194,483.37 31- 8� 5932 3. 4. A PROVAL OF'CLAIMS (Cont'd) REIMBURSEMENT TO REVOLVING'FUND For the month of September, E -6 $ 1,822.55 For the month of September, A -10 6,657.97 For the month of September, R -57 915.29 For the month of September, R -66 14,277.55 F r the month of September, Urban 828.89 Total 24,502.25 GRAND TOTAL $ '366,404.65 COMMUNICATIONS a. 0 Dept. of Natural Resources letter dated September 30, DEPT. OF NATURAL 1974: Parts I, II, and III of the riverside develop- RESOURCES APPROVAL ment were approved by the Natural Resources Commission OF DEVELOPMENTS, on June 27, 1974, with the condition that "the remain- R -66 ing portions of the project be submitted for Natural Resources Commission approval as plans become avail- able." The Certificate of Approval was received October 14, 1974, for Docket No. G -4115, Parts IV, V, and VI, with letter dated September 30, 1974, over the signature of Mr. Robert F. Jackson, P.E., Chief, Division of Water, Department of Natural Resources. The Stream Pollution Control Board gave their ap- proval in letter dated September 27, and shown in Commission minutes of October 4, 1974, under Communi- cations, 4f. The six (6) parts approved, with limitations and condi- tions, are for: I. South Bend Civic Center, named "Century Center." II. White Water Rapids. III. Island Landscaping. IV. South Bend Dam Repairs. .V. Bicentennial Park. VI. Block 6 Walkway and Park Development. HUD letter dated October 3; 1974: This letter, over the signature of Mr. Mark L.- Griffin, Supervisory Con- struction Analyst, Architectural and Engineering Sec- tion, requests additional documentation to substantiate Change Orders 11 through 15 to Contract No. 5, Phase III, and for Change Order No. 4 to Demolition & Site Clearance Contract No. 34, all in Indiana R -66 Project, which were returned. Mr. Thomas A. Oesterling, with Clyde E. Williams & Associates, Inc., engineering consultants, is providing the response in relation to the change orders. - 5 - CHANGE ORDERS 11 THRU 15, PHASE III; DEMOLITION CONTRACT 34, CHANGE ORDER 4, R -66 4. COMMUNICATIONS (Cont'd) C, HUD letter dated October, 3,1974; This letter, over the signature of Mr. Danie B. Bowman, Acting Direc- tor, Operations Division, advises HUD has extended.. the completion date of Indiana Project R -66, by six (6) months, to a revised close -out date of June 20, 1975 This extension is given with the understand- ing that no additional funds will be needed for the extension. d HUD letter dated October 711 1974: This letter, over the signature of Miss Fredi Beth Rolsky, Acting Program Manager, advises their request to have a HUD audit conducted on our Project Indiana R -66 was not approved by the HUD Regional Office. We are to have an independent audit conducted on the project, with a minimum of three (3) proposals from IPA's to make the audit before close- out. e HUD letter dated October 7, 1974: This letter, over the signature of Mr. Robert W. Dew, Cost Evaluation Section, relates to wage violations for workmen of Sanfaye, Inc. Mr. L. Kent Wilcox, Acting Executive Director, ad- vised this contractor was doing work for us in our Model Neighborhood Code Enforcement Project E -6. The firm went out of business and the owner has already left town. The contracts effected are Nos. 3 and 7. This matter is being handled by the E.E.O. Division in the Indianapolis office. The HUD legal counsel will be making the determination in authorizing the payment of the retainage money to the workmen them- selves, and being handled by the E.E.O. Division here. f. HUD letter dated October 7, 1974: This letter, over the signature of Mr. Paul J. Topmiller, Acting Assis- tant Director, Technical Services Branch, advises the Wage Rate Decision AR -3091 (Heavy & Highway) is cur- rently in effect and includes Modification No 1, dated September 27, 1974, for the Green Belt Project. Ten (10) days prior to the opening of the bids or final contract sales or award, we are requested to contact their office, in writing, for the updated wage decision and modifications. Iffelm COMPLETION DATE EXTENDED TO JUNE 20,1975, FOR CLOSE -OUT, R -66 INDEPENDENT AUDIT FOR PROJECT CLOSE- OUT, R -66 CONTRACTS NOS. 3 & 7, SANFAYE, INC., PROJECT E -6 GREEN BELT WAGE DECISION, R -66 4. COMMUNICATIONS (Cont'd motion by Mr. Wiggins, seconded by Rev. Williams and .nimously carried, the above letters are to be received I placed on file. 5. OLD BUSINESS a b Dainty Maid Bake Shop Sign, R -66: Mr. L. Kent Wilcox, Acting Executive Director, advised this item had been discussed in the last Commission meeting, (October 4), with the request the Commission pay for the reinstalla- tion of their sign. Their sign was removed to have the canopies installed on the River Bend Plaza and they are requesting to have it installed 30" higher than the original installation, which would involve extra costs. Mr. Wilcox advised the Sign Committee has approved the sign to be in conformity with the sign regulations. Staff is presently negotiating with Dainty Maid Bake Shop, to prorate the costs for installing the sign 30" higher. This item will be on the Agenda for Com- mission action at the next meeting and /or when negoti- ations are completed. Recommendation for the pools and fountains in the River Bend Plaza, R -66: Mr. Bill E. Slabaugh, Engineer, Department of Public Works, submitted a written report of his meeting held October 16, at the River Bend Plaza Office, with Lou Wilcox, Elaine Condon, Karl King, Tom Oesterling, Jim Zackrocki, Charles Colip, Daryl Graf, himself, Al Levy, J. Ward Dare, and Dennis Miller. (The last four are the Phase II, Project Engineers, Inspector, and two (2) of the permanent Maintenance Personnel.) Mr. Slabaugh gave a lengthy report, in the previous session of this meeting with the public present. Mr. Slabaugh recommended we introduce a water treatment in each of these pools as hard water is the problem. He suggested we have the water run through an Analog Computer, by UNI -CHEM CORPORATION, to test the hardness of the water, to know what materials will be needed to treat the pools. Mr. Slabaugh advised that Mr. King, the plumbers and engineers agreed this be placed in the maintenance program of the pools. This had not been determined by the designers, when presented to the Commissioners for approval, as they thought it could be treated by hand chemicals. Mr. Slabaugh said this is one of the items in the mainte- nance agreement, as the PH was quite high. - 7 - DAINTY MAID BAKE SHOP SIGN, R -66, TABLED FOR NEGOTI- ATION RECOMMENDATION FOR POOLS AND FOUNTAINS, RIVER BEND PLAZA, R -66 5. OLD BUSINESS (Cont'd Mr. Slabaugh also advised that Kim Lighting, Inc., the designers of the pools, had suggested the addi- tion of muratic acid to lower the alkalinity and bi- carbonate of soda to increase the alkalinity, but they ruled that muratic acid placed into the pools would cause the metal electrodes to corrode, which controls the automatic water filling mechanism and requires the pool and fountain to be shut down for up to two days to drain, clean the electrodes, reseal the elec- trode wire box and to refill the pool. Mr. Slabaugh said that even though it was recommended by the de- signers, Kim Lighting, Inc. (the designers of the pools), it was the wrong thing to do. Per Mr. Slabaugh, three experts are saying we should use sulphuric acids which will control the minerals and lime that would look like paint on the fixtures. Mr. Slabaugh said he has been making all the daily re- ports for three weeks and handling all the repair mainte- nance, and the only one who treated the pools, and that he has complete positive report that we need to put some kind of treatment in the pools to treat the water intro- duced in these pools. All the problems are caused by the minerals and to clean the electrodes it takes two days down -time to drain, clean the electrodes, reseal, and to refill the pool. Mr. Slabaugh said some of the difficulties have been mechanical, but that is the fault of the device itself, which is under guarantee. Rev. Williams asked who is responsible for this added expense- -the owner at this time is the Department of Redevelopment? Commissioner Wiggins said we will be stuck for the mechanics to keep it operating, but he is disturbed that it was not programmed originally. Rev. Williams said it is hard to believe that hard water is the main factor to keep the pools from running; it could be some of the trouble, but he doesn't feel this is the whole trouble. Mr. Slabaugh said he should have his re- port today as to whether this is a mechanical expense, or just the chemicals needed, and stated that we have not had expenditures at this point. This item being unresolved caused the retainage to be withheld at the last Commission meeting - -the 7% retainage being in the amount of $194,483.37- -the remaining 3% being $83,350.01. Mr. John Derring, Treasurer of The Hickey Company, stated the 7% retainage is in accordance with the contract and the 3% would be more than adequate for the: Redevelopment Commission to use as a "handle" to finish the problems. This is up in the air, as to whether The Hickey Company is involved with the solution or not, and it is way past the Grand Opening Week, and that many people have worked on the Mall that were not involved with the Mall. They also have a three -year maintenance on the 5. ODD BUSINESS (Cont'd Mall, which assures the necessary maintenance work, which is the responsibility of The Hickey Company. The work will be done but he requested the Commissioners recon- sider the withholding of the 7% retainage. Commissioner Wiggins said the problem is not directly with The Hickey Company as much as with the subcontractors, who are under The Hickey Company. The feeling at the last Commission meeting was to get maximum pressure as we want action as rapidly as possible, and we can only get this through the general contractor. Pool "D ", in front of Dainty Maid, breakdown was a result of a penney that got lodged in the filter pump and caused a bent motor shaft. Ideal Consolidated removed the pump, which is presently being repaired and the motor will be ready next week, per Mr. Zackrocki. Pool "B ", west at the old post office, has a faulty pump. Yesterday it was working and all equipment in- stalled. One of the Pool "B was handled under a change order, and they did not order the equipment until they were given authorization to proceed on Pool "B." The traffic signal on Western Avenue was also on a change order, per Mr. Zackrocki. The problem of the Mooney sculpture was also a result of a change order and the equipment was not ordered until a change order was authorized to get the equipment on the way. President Nimtz said that apparently something is faulty with the design if a penney was able to slide under the: screen. If the water to be recycled is below the floor level or at the floor level, the recycling should be different so penney's cannot damage the pool. Mr. Zack - rocki said that penneys are supposed to be thrown in the pools. President Nimtz said then perhaps it is not de- signed correctly. Mr. Zackrock advised the subcontractor put in what was called for in the contract and it was installed correctly. President Nimtz asked who is actually responsible for the design? Commissioner Chenney said the subcontractor put in what was called for and it was put in correctly. Mr. Tom Oesterling, with Clyde E. Williams as the joint venture representative, said that on the pump and penney concern, there are adequate screens and filters, and that his understanding was that in cleaning one of the screens that not enough precaution was taken by the clean- ing crew and that the penney slipped behind. It is a pre- caution one must take in cleaning. Mr. Zackrocki said it was one of the precautionary measures specified in their letter. Relative to Commissioner Wiggins'question if the specifi- cations include any water treatment, Mr. Oesterling replied, "No, with the exception of the maintenance manual that came with the equipment on how it is to be cleaned." 5. OLD BUSINESS (Cont'd As the Commissioners did not write the specifications and the question raised as to who is at fault and whether it was the engineer who drew up the plan, Mr. Oesterling said the firm who designed the mall was a joint venture, with Clyde E. Williams & Associates and Environmental Plan- ning & Design, from Pittsburgh, Pa. In designing the pools, one of the involved plans and concerns was Kim Lighting, Inc. Normally, in most cities, pools need chemical treating equip - ment which work. They knew South Bend had rusty water and it was suggested in the manual to use muratic acid. No water test was taken. Using muratic acid causes additional problems with the water being used in the pools, and Mr. Oesterling said that has to be remedied and was not anticipated in the design stage. Tests on the north end of South Bend and on the south end of South Bend would involve different situa- tions. Mr. Deering of The Hickey Company said they have the re- sponsibility for building the project in accordance with the plans and specifications and the responsibility of correct- ing any problems in the specifications. They have a mainte- nance agreement and they will stand behind the work and their guarantee. He requested the retainage be held at the 3% level, $83,350.01, which will more than cover the minor correctional problems on the pools. At the last Commission meeting, Mr. Kevin J. Butler, Commission Legal Counsel, advised that the Engineering Department was given the responsibility to determine the cause and to esta- blish the responsibility. Mr. Slabaugh established the 'cause, but the responsibility has not been determined. Mr. Butler said the engineering firm - -the joint venture - -also has a re- sponsibility for checking these problems during the project. His question directed to Mr. Oesterling as to whether The Hickey Company is responsible for the problem,.Mr. Oesterling said, "Certainly they are responsible for Pool "B ", which is in operation at the present time (located at the old post office building). On Pool "D ", it was his understanding in talking with Mr. Daryl Graf, there was a short in the motor. That is a mechanical problem and is covered by the warranty." Mr. Zackrocki said that every one of these items covered now is all a part of the maintenance period. No one has accepted the Mall since the 4th of July and prior to that. Mr. Oesterling said in trying to review the problems, the rest of the problems the last two weeks was apparently due to corrosion of the electrodes, and when they have to do this to clean the electrodes, it must be taken out of operation. Mr. Oesterling said prior to the last Commission meeting that he attended, he was not aware of all these problems. As to the responsibility with the problem caused by the hard water, Mr. Oesterling said the joint venture has fulfilled their contract in design, and the construction is The Hickey Company's. Water treatment is not in their contract. They - 10 - 5. %D BUSINESS (Cont'd would be willing to look into that, but it would be at additional compensation. Mr. Butler asked if this is a matter of turning the systems off and in the cleaning? Mr. Oesterling said he believes there could be damage if we continue to operate as we have. Mr. Butler asked if there is any indication of any damage? Mr. Slabaugh said, "We will have to add muratic acid to clean it up. The rewinding cost $106.00, and burned up the motor." Mr. Oesterling recommended the tests be made of the north and south areas and recommendations be made for the problem of the pools. As to assuming responsibility for the failure to have deter- mined during the design phase the type of treatment that should have been designed for it, Mr. Oesterling said he didn't see how they could, unless the provision had been provided. Mr. Butler said there is some responsibility on the winding of the pools, on Pool "B ", and the penney lodged in Pool "D ", and apparently that is not the contractor's responsibi- lity. The units- -per the engineers - -are installed according to specifications and installed properly, and per Mr. Slabaugh might have been a maintenance problem. The basic problems are covered by the warranty. Legal Counsel's recommendation was that the Commission release the $194,483.37 retainage for payment, and that the 3% retainage will be sufficient to cover any problems that may come before the members of the Commission. The Commissioners agreed to the release and payment of the 7% retainage. Commission Legal Counsel, Mr. Kevin J. Butler, requested a motion that the Commission has determined the project to be substantially completed and the 7% retainage be paid to The Hickey Company, as the contract calls for payment when the project is substantially completed. Said motion was made by Mr. Wiggins, seconded by Mr. Chenney and unanimously carried, and the payment of the 7% retainage, in amount of $194,483.37, was authorized. (A summary of the discussion is shown above, under Item 3, Approval of Claims, as the retainage amount is included in the total claims authorized for payment.) The Commissioners requested to find out what needs to be done on the hard water to have the pools running, the tests on the water (north and south) are to be taken, and the recommendations to solve the problem brought before the Commission. Mr. Slabaugh is awaiting the results from the UNI -CHEM CORPORATION on the Analog Computer. - 11 - 5. OLD BUSINESS (Cont'd) C. Authorization to.tr-ansfer- c6sts'6f`R =57 complaints from U►^ ban Fund�to District Capital Fund: Mr. L. Kent Wilcox advised these were the rehabilitation complaints the Commission received from the resi- dents in LaSalle Park Project and authorized staff to proceed with the correction of the complaints. Our local money had to be used, as HUD had not authorized these expenditures. We authorized the expenditures to be paid out of the Urban Fund. At this point, approximately $14,000 has been incurred for the correction of the R -57 complaints in rehabilitation. The cases that are completed are now satisfied with the rehabilitation work. On motion by Rev. Williams, seconded by Mr. Wiggins and unanimously carried, the fiscal staff was author- ized to transfer the costs of the LaSalle Park, R -57 complaints, from the Urban Fund to the District Capital Fund, because the District Capital Fund was a local bond issue for R -57. d. Change Order'No. 2 to'Contract No: 2; Phase'III, R =66: Commission had approved Change Order No. 2 to Contract No. 2, with Exterior Designing, Inc., Phase III, R -66 Project, in Commission meeting of April 19, 1974, in the amount of $4,922.00. This Change Order was made by Clyde E. Williams & Associates, Inc., dated September 3, 19749 by staff request, in amount of $4,647.00, or a decrease in approved amount of $275.00. Authorization is requested for fiscal staff to make an adjustment entry on the books - -debit entry in the amount of $275.00 to Change Order No. 2. On motion by Mr. Wiggins, seconded by Mr. Chenney and unanimously carried, debit entry, in amount of $275.00, was authorized, per above. e. Lawson Associates Contract: Mr. Kevin J. Butler, Commission Legal Counse , said in the last Commission meeting (October 4), we discussed the new Lawson Associates contract for their engineering services north of Jefferson Street. We had a basic contract figure of $3,000 authorized in Commission meeting of September 6, 1974. At the last Commission meeting, the Engineer's Additional Services, in the amount of $500.00, was discussed for miscellaneous items that were not anticipated at the time the contract was pre- pared. The Commission authorized the payment of this contract up to $3,500.00, with the stipulation that any specific items of the contingency of the Engineer's Additional Services, for $500.00, will be subject to Acting Executive Director and /or Executive Director's approval, in writing. - 12 - R -57 COMPLAINT EXPENDITURES TRANSFERRED FROM URBAN FUND TO DISTRICT CAPITAL FUND CHANGE ORDER NO. 2 TO CONTRACT NO. 2, PHASE III, DECREASED $275.00, R -66 LAWSON ASSOCIATES CONTRACT, DATED 6- 21 -74, AUTHORIZED FOR ADDITIONAL SERVICES, SUBJECT TO DIRECTOR'S APPROVAL, R -66 5. OLD BUSINESS (Cont'd Mr. Butler advised that we now have the same situation as above, in the Lawson Associates Contract that the Commission authorized in their meeting of June 21, 1974. The authorization was approved to enter into a contract with Lawson Associates for engineering services, in an amount not to exceed $36,400.00, subject to Legal Counsel and HUD approval, R -66. This called for engineering services for.Block 6, Pedestrian Bridge and the East Ramp. The executed contract specifies $36,400.00 ap proved -by the Commission, plus an- additional maximum of $2,100.00 for extraordinary items, shown as "4.2, Engineer's Additional Services," shown as eleven (11) items, or a total not -to- exceed contract of $38,500.00. Mr. Butler advised we now have a statement from Lawson Associates, in amount of $632.50, approved by Mr. Lennon on August 28, 1974, relative to the extraordinary items. We need the same type of motion for approval, as we did for the other Lawson Associates contract; this is to ap- prove up to $2,100.00 for extraordinary items as spelled out in the contract, to be approved by the Acting Execu- tive Director and /or Executive Director, as needed in writing. The motion as stated above was made by Mr. Wiggins, se- conded by Rev. Williams and unanimously carried. f Engineering and Inspection Services Contract, Phase III, ENGINEERING AND R =66: Mr. Butler advised the Commission had authorized INSPECTION SERVIC the President and Secretary to enter into and execute CONTRACT APPROVED the Engineering and Inspection Services Contract, with FOR SIGNATURE, the South Bend Board of Public Works, for.Phase III, PHASE III, R -66 Pedestrian Way (Mall), in amount not to exceed $89,481.66. This is in amount not to exceed 3% of the work performed by The Hickey Company and Exterior Design, Inc. This was authorized in Commission meeting of July 20, 1973. The standard contract form with the Engineering Depart- ment was never drawn up and they are now requesting payment. Mr. Butler said this is simply a technical matter. The authorization is for the signature -- contract to be dated July 20, 1973, (date on which it was author- ized). We have a new President, Mr. F. Jay Nimtz, and we need re- authorization for President Nimtz to sign the contracts. This is work performed for the following contracts: The Hickey Company, Inc. $ 83,287_.44 Exterior Designing,_ Inc. 69194;22 Total .................. T89,481.66 On motion by Mr. Wiggins, seconded by Rev. Williams and unanimously carried, the President and Secretary were authorized to sign the above contracts, with the South. Bend Board of Public Works. 13 6. NEW BUSINESS a�Public- Hearing-to discuss the `Guidelines for Non- Profit Groups; within: -the Pro:iect Indiana E7. Southeast Neigh hood'Development Program: Mrs. Glenda Rae Hernandez, Treasurer of the Southeast Side PAC Committee; Rev. John E. Smith, Pastor of the Broadway Christian Church and representing Project RENEW; Ms..Marzy Bauer, our Planner; and Mr. William C. Ellison, our Staff Director, are here to answer any questions on the Public Hearing. - PUBLIC HEARING - ON GUIDELINES FOR NON- PROFIT GROUPS, E -7 This Public Hearing is noted in the minutes of October 4 as mentioned; announced by the Advisory Committee in meet- ing of October 11, and a copy of the Guidelines for the Non- Profit Groups given to Ms. Jeanne Derbeck, South Bend Tribune Reporter, on October 15, for public notification. Mr. L. Kent Wilcox, Acting Executive Director, advised that when the original guidelines were drawn up, which the Re- development has approved as has the Advisory Committee for Project Indiana E -7, the guidelines were not spelled out on how the non- profit groups were to be handled on how to rehabilitate houses. The request of the Advisory Committee is in the Commission's packet, and everyone present has a copy of the Guidelines for Non - Profit Groups, for the Public Hearing discussion. President Nimtz requested the record to show the Public Hearing was in session for the discussion of the Guidelines for Non- Profit Groups, within the Project Indiana E -7, Southeast Neighborhood Development Program. Ms. Marzy Bauer gave a brief summary on the guidelines for the non- profit groups. The deadline for non- profit groups to apply for participation was September 14. Project RENEW, Inc. was the only participant to apply for the re- habilitation of several houses in the area. We believe the guidelines, as approved by the Advisory Committee, will work, which are in summary: 1) A designated representative of the group must submit an application for a rehabilitation grant for each house the group wishes to rehabilitate within the boundaries. 2) NDP inspector to determine repairs necessary to bring the house to minimum standards as determined by Advisory Committee and the repair costs. The report to be filed and submitted to the Advisory Committee. 3) On acceptance and approval of report by Advisory Committee, a cash grant not to exceed $5,000, based on estimated repairs and labor, to be awarded to the non - profit group. =EIM 6. NEW BUSINESS (Cont'd) 4) The amount.of the grant will be account for each house approved tion by the Advisory Committee. on the account must be signed b member of the Bureau,of Housing non - profit group. deposited in the for rehabilita- Checks drawn y both designated staff and of the 5) Inspections to be made by staff inspector after each stage of rehabili- tation with monies to be withheld for further work until all previous work is approved. 6) Upon - completion of rehabilitation and final inspec- tion, final payment of remainder of grant account will be paid to the non - profit group and any monies remaining belong to the group. 7) Financial records must be kept up to date and subject to inspection by Bureau of Housing staff or Advisory Committee. The Chair requested if there were any comments from the public? Mr. Karl King asked how this ties into the rent supplement group to repair the home? Ms. Bauer answered that it is not tied up with that program. Project RENEW will repair these, as the homeowner, and sell to a family in conjunction with the program, if it meets with the guidelines. It has to be a non - profit group. Mr. King wondered if would go through PAC approval to repair a house and get a buyer or client - -if it is a rent upplement program to enable him to buy the home. Mrs. Hernandez answered that it is not. Rev. John Smith, representing Project RENEW, Inc., advised with regard to their project, RENEW is a good program for the neighbor- hood they are working in and he was certain that they can work within the range of the guidelines. That there is a certain amount of proven history in the city that bears merit and they certainly hope that they can go with it. Mrs. Janet Allen stated that she is concerned with the problems we have had in R -57 and asked what protection the people have on this? Mrs. Hernandez said this depends on the inspectors and there would be periodic inspections. Mr. L. Kent Wilcox advised that we have revised.almost all of our procedures between LaSalle Park and this Projects Mr. William Ellison is in charge of all inspections of this Department and is also the Project Manager of E -7. Mr. Ellison gave a brief summary on the changes. He advised our inspectors will inspect the homes periodically to see that the quality and code are met. This program is one that the Project RENEW people will fix the homes. People who could not go on the market for a mortgage or FHA, can buy these homes through a land contract, and seek owners through training and guidance- - with training period lasting approximately ten (10) weeks. The Project RENEW, in Clay Township last year, had all types of volun- teers-- professional people._ 15 - 6. NEW BUSINESS (Cont'd Mr. King asked on the guidelines for $5,000 on the bank loan under the income supplement deal, how do we decide: should one get it? Mr. Ellison replied that families will seek ownership of these houses to fix it up and put it back on the market. If they can qualify on the rent supplement, then Project RENEW will not get it renewed. Mr. Wilcox said the income limits for a family to participate in is $11,000 and-can get some portion of assistance depending on the size of the family. We have a sliding rule -- $5,000.00 for instance with one in household and no children, ordinarily qualify for assistance. There is a percentage of grant that some of the people can get. Project RENEW intends to buy every home they intend to re- habilitate and put it back on the market. On the question raised on the rehabilitation and the increased value of the home and re- assessment, Mr. Kevin Butler, Commission Legal Counsel, advised that there is an appeal procedure that the Southeast residents are aware of, and if there are any problems with current assessment, or re- assessment, they can follow the procedure. On motion by Mr. Wiggins, seconded by Rev. Williams and unanimously carried, the Guidelines for Non - Profit Groups, as presented and approved by the Advisory Committee, were adopted. b Advertisement for rehabilitation of dwelling houses, E -7: ADVERTISEMENT Authorization was requested to advertise to receive sealed APPROVED, FOR bids for the rehabilitation of dwelling houses located in REHABILITATION Project Indiana E -7, Southeast Neighborhood Development BIDS, E -7 Program. This is in further reference to the above Public Hearing and the Guidelines for Non - Profit Groups, approved by the Advisory Committee. On motion by Mr. Chenney, seconded by Rev. Williams and unanimously carried, the advertisement was approved. Resolution No. 505: This Resolution authorizes the exe- RESOLUTION NO. cution of the Redevelopment Agreement for the disposition 505 ADOPTED, of land and the execution of Quit - Claim Deed for the R -57 transfer of title thereto in connection with Parcel Nos. 22 -29 and one -half of 22 -30, owner: Gus Cogdell, for concurred -in amount of $604.00, in the LaSalle Park Project, Indiana R -57. On motion by Mr. Wiggins, seconded by Mr. Chenney and unani- mously carried, Resolution No. 505 was adopted. mr-Im 6. NFW BUSINESS (Cont'd 7. 0 a L3 a _Option Agreement: Approval was requested for Option Agreement for Parcel No. 76 -6, Lot No. 71, shown on recorded Plat of Elder Place, Paris Street, SE #1, Neighborhood Development Program, Project A -10. On motion by Mr. Wiggins, seconded by Rev. Williams and unanimously carried, the Option Agreement was approved and the President authorized to execute. ITRODUCTIONS Mr. Hubert Getzinger: Mr. John R. Kagel, Director of the Trade Development Division, South Bend- Mishawaka Area Chamber of Commerce, Inc., introduced Mr. Hubert Getzinger, Chairman -of the Downtown South Bend Council, who is replacing Mr. Karl King in that position. Mr. Getzinger is Superintendent of Robertson's. Mr. King has served through these years with the Down- town South Bend Council, as a civic agency, and has had very good association with all agencies with spirited cooperation. Mr. King has also shown excellent leadership and dedication. Mr. Getzinger has also been appointed as a member of the Urban Design Review Committee, replacing the late Mr. William Rasmussen. Mr. Kagel also serves on this Com- mittee. This Committee reviews and evaluates redevelopers proposals to be in conformity with the urban design and development controls for the Central Downtown Area Urban Renewal Program, Project Indiana R -66. OPTION AGREEMENT APPROVED, PARCEL NO. 76 -6, A -10 HUBERT GETZINGER APPOINTED CHAIRMAN DOWNTOWN SOUTH BEND COUNCIL Mr. Edward F. Soltez: Mr. Kagel also introduced Mr. Edward EDWARD F. SOLTEZ, F. Soltez, representing the Cap Council of the United CAP COUNCIL, Auto Workers. Mr. Soltez has also been appointed by UNITED AUTO WORKE Mayor Miller to serve on the River Bend Plaza, as Chairman of the Governmental Committee. 'OGRESS REPORTS Central Downtown Urban Renewal Project, R -66: 1) River Bend Plaza Construction Report: Mr. Thomas A. Oesterling, with Clyde E. Williams & Associates, advised that Ed Werley, with Environmental Planning and Design, Pittsburgh, Pa., had made a special trip for inspection of the over -all project and particu- larly Exterior Design on the maintenance, and they had made a complete tour of the Plaza last evening. - 17 - RIVER BEND PLAZA CONSTRUCTION RE- PORT, R -66 8. PROGRESS REPORTS (Cont'd Mr. Werley advised that he is very, very pleased in general, and pleased in particular with the maintenance, and that Lou Wilcox and Jim Seitz are to be complimented. The Plaza is clean and inviting and the people seem to be enjoying it. Said he was surprised at the lack of vandalism and that when there is no vandalism, people do enjoy the Plaza. They also inspected all the plantings, growth coverings, trees, etc. of Exterior Designing, Inc., and were well pleased. They will see that the trees are replaced that need be and the plantings are guaranteed. Mr. Werley suggested the removal of some of the park benches; e.g., in front of Robertson's, and store replacement parts for the maintenance items. Stated that we have the benches that are in storage for the mall erected, if addi- tional seating is needed in the area in front of Robertson's. They would be happy to work with us on the schematic layout. Also that they would like to see the bicycle racks decreased in size and consider some of the equipment they had recommended for the mall. Mr. Werley said the pools are a problem and they share our concern and would like to see them operate fully. They think the pools are vital to the whole project. Is impressed with the progress with the UNI -CHEM CORPORATION to solve that problem. He said they will not let that slide by, that there is a solution to the problem and they will certainly work with it. The Plaza is unique and they enjoyed working with us. To keep the fountains flowing, lighting, and would like to see the flags flying again. Commissioner Wiggins said there is apparent need for additional seating on the Plaza and he was under the impression some sort of action would follow from that discussion, but it appears it hasn't up to this point. He said he recalls that at the time a suggestion was made that we ask our designers to take a look at the problem and perhaps come up with additional suggestions for seating. He would hope that the staff responds to the offered suggestion to provide additional seating. The mall was designed to encourage people to come in the mall, and it is all right to sit on the walls and around the planters if there is no other seating available. 8. PROGRESS REPORTS (Cont'd Mr. Werley said they had recommended that the walls be made wide enough to use for seating and the low bricks around the planting - -a favorite with the kids. It is a delight to see that they participate. They have forwarded the catalog data to Lou Wilcox on spare benches, and at one that was considered a part of the design process. It will be very con- venient for them to forward that information on the benches, bicycle.racks, etc., to the staff. Commissioner Wiggins requested he stay on top of that and report back to the Commission -- nothing really happens- -and we need to stay on top of that. On the Pool "B" fountains, Mr. Werley said he talked with Dan Akin this morning and Dan will be making the formal recommendation that the water should not be visible as a "bubbling" unit but slide smoothly down the base. When the volume is turned down, we will not have the separation from the wind. Mrs. Allen's complaint on the water going all over the sidewalk, Mr. Werley said they are also working on that and they will need a baffle device to have it slide over the edge of the fountain, rather than surge, and they have been working on that. Mr. Louis N. Wilcox, Director of the River Bend Plaza, said he wanted to add to Mr. Werley's comments, that they have been very cooperative and have substantially performed the tasks allowed them, which have been made by the Commission. In partial answer to Commissioner Wiggins on his suggestion on the bike rack which Mr. Werley's firm had sent him, also the furniture in his office to be compatible with the decor, the Commissioners will hear from him on the suggestions and costs on some of the items - -not pressing with winter coming on, but he will be in position by spring to have some items corrected. Many merchants on the Plaza are also offer- ing the same comments as Commissioner Wiggins on the seating and he was sure this can be reconciled. 2) River Bend Plaza Schedule Report: In the way of RIVER BEND PLAZA activities, Mr. Louis N. Wilcox asked Mr. Edward SCHEDULE REPORT F. Soltez, Chairman of the Cap Council of the United Auto Workers, to give a run -down. Mr. Soltez advised on October 31, on the supergraphics, they are going to put on a program for Halloween. The programs are specifically oriented for pre - school and kindergarden; grades 1, 2 and 3; 4, 5 and 6; and 7 through 12; with prizes to be awarded to each of the twelve winners for the best and most original costume. Anticipate having magic tricks to costume parades and high school bands. - 19 - 8. PkOGRESS REPORTS ;(Cont'd From 3:00 to 5:00 p.m., the State Theatre will be showing a free "Kiddie Feature" for pre - school and elementary age youngsters accompanied by an adult. Bob Lux of WSBT will emcee the program and talk with the children. The art class in the South Bend Community School will have drawings on fall scenes which will be judged by a local art group and members of the River Bend Plaza Advisory Committee. The winning scenes will be displayed on the Plaza on Halloween night. From 8:OO to 10:00 p.m., they will have a dance on the supergraphics with music by the Tanglewood Rock. Also a display of a witch burning, which will be coming from the flag pole down to the bonfire. The news media will also carry the highlights for the evening's program and we hope to make the even- ing a success. We hope to have the community parti- cipate, the children as well as the adults. We are trying to set this up as a civic on -going activity to make it a safe and sane Halloween for the young- sters in the community. Mr. Soltez's group is picking up the costs for the free movie for the youngsters. Mr. Louis N. Wilcox said they are schedule activities for the Christmas season, schedule to start on November 16, to tie in with the local retailers to start promo- tions at the same time, and they intend to have some activities every day through to 24th of December. They will have a Santa claus in the block between Washington and Colfax and much of the activities for the holiday will be in that area. Merchants in that part of the Plaza are commenting there is not enough activity in that area and we hope to rectify that. We hope to come up with an ice rink. Commissioner Wiggins said we need activities and pro- grams in the Plaza to have people get together. 3) Plaque Award: Mr. Louis N. Wilcox displayed a plaque PLAQUE AWARD, award that was presented for the first issue of the FOR RIVER BEND River Bend Gazette that appeared in The South Bend GAZETTE, SUBMITTE[ Tribune, which he will display with great pride in BY SOUTH BEND the River Bend Plaza Office, which reads: TRIBUNE First place advertising idea presented to River Bend Plaza for advertising in The South Bend Tribune. 1974 HSPA Advertising Conference - Special pro- motion. - 20 - 8. PROGRESS REPORTS (Cont'd Southeast Neighborhood Development Program, Project Indiana'E -7: This project is getting under- way, and Mr. L. Kent Wilcox said this is the advertise- ment the Commissioners authorized above, Item 6b, for bids, for the first seven (7) homes to be rehabilitated in that project. Neighborhood'Deyelopment Program; Project Indiana`A -10: Mr. L. Kent Wilcox advised staff is proceeding on the condemnation of the few remaining parcels. The fire station is being constructed in the Model Neighborhood MN #1. We have consummated the agreement with the Park Department for the Southeast Neighborhood SE #1. Staff Resignation: This resignation is from Mrs. Vicki Franks, who has been with us for a very short time, and evidently doing fine work as Mr. Lennon hired her at his Housing Allowance Office - -much to Mr. Wayne Brownell's chagrin - -as Mrs. Franks was his secretary. el. Staff Report: 1) Business Relocation Report, R -66: This written report was from Mr. John A. Kotzenmacher, Business Relocation Director: One business claim paid to Bailey's Beautician Supply Co., Inc., in amount of $8,184.54. f Morris Civic Parking: This item was discussed in the Executive Session with the public present and also at this point. This is in regard to parking around the Morris Civic Auditorium over the weekend, on the driveway on both sides from LaSalle to Colfax, with cars parked all night. Mr. Kent Wilcox said the Police Department is responsi- ble to curb the parking, but this will be brought up before the River Bend Plaza Authority, as they have the security and safety for the Plaza and have them make the request. Also the discussion was driving on the bricks with the trucks, etc. If the gate is not locked, it will not remain closed. Mr. Werley said it was to have been locked, other than when there is a performance at the Morric Civic Auditorium. The fire entrance is at the other end. If a fire-arose, the fire unit could come in at the other entrance, or on the sidewalk. g. Sculpture Contract: President Nimtz requested Mr. Butler, Commission Legal Counsel, to write to Mayor Daley of Chicago how they handle theirs and if they have had any difficulties. Mrs. Allen stated that in the - 21 - SOUTHEAST NEIGHBOR HOOD DEVELOPMENT PROGRAM, E -7 NEIGHBORHOOD DEVELOPMENT PROGRAM, A -10 STAFF RESIGNATION BUSINESS RELOCATIO1 REPORT, R -66 MORRIS CIVIC AUDITORIUM PARKING 8. PROGRESS REPORTS (Cont'd il a specifications for the contest, was a $7,000 job- - there were no other contract provisions. There was no mention or provisions made for the artist to control the sculpture piece for 100 years. Reconditioning of Buildings, R -66: Mr. Louis Wilcox said the River Bend Advisory Committee had requested the re- conditioning of some of the buildings as aesthetically they could be pleasing. The staff was requested to look into this matter and to contact the owners of the buildings-- Palais Royale and State Theatre Building. Also to submit compli- mentary letters to Odd Fellows, Tower Federal and Inwood's for the work they have done on their build- ings. MEETING T e next meeting of the Redevelopment Commission will be a 10:30 a.m., Friday, November 1, 1974, in the Office o the Department of Redevelopment. 10. a (SEAL) motion duly made and passed by Rev. Williams, seconded Mr. Wiggins and unanimously carried, the meeting adjourned 11:45 a.m. ilcox, Acting Executiv,e Direct ay Nimtz, Presiden - 22 - RECONDITIONING OF BUILDINGS, R -66 NEXT MEETING, NOVEMBER 1, 1974 ADJOURNMENT r