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HomeMy WebLinkAboutSM 05-09-75May 9, 975 10:00 A M. Presidi q Officer: 1. ROLL CALL issioners ent: m issioner s nt: LegAl Counsel: OthE SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING HELD IN LIEU OF REGULAR MEETING OF MAY 2, 1975 1200 County -City Building Mr. F. Jay Nimtz, 227 W. Jefferson Boulevard President South Bend, IN 46601 Mr. F. Jay Nimtz, President Mr. John E. Chenney, Vice President Mr. Donald A. Wiggins, Secretary Mr. A. Peter Donaldson, Member Mr. B. L. Wade, Assistant Secretary Mr. Kevin J. Butler Media: Ms. Christine Boehlke, Adv. Sales, South Bend Tribune Ms. Jeanne Derbeck, South Bend Tribune Reporter Mr. Dave Anderson, WNDU -TV Reporter Mr. James L. Marchelewicz, WNDU -TV Reporter & Photographer Mr. Dan Caesar, WSBT -TV Reporter Mr. Steve Neher, WSBT -TV Photographer Mr. Larry Ford, WSJV -TV Reporter Mr. Les Howard, WSJV- TV.Photographer Staff : Present: Mr. Roland A. Kelley, Secretary, Board of Trustees Mrs. Janet S. Allen, Interested Citizen Mr. Jack Buffington, J. C. Penney Co., Inc. Mr. Gene Evans, South Bend Civic Planning Assn. Mr. John C. Fleck, International Constructors Co. Mr. Hubert Getzinger, President, Downtown South Bend Council Mr. Dick Hoy, Osco Drug Store Mr. John R. Kagel, Executive Director, Downtown South Bend Council Mr. Karl King, Chairman, River Bend Plaza Advisory Committee Mr. John Paulson, Hans- Rintzsch Luggage Shop Mr. Allen E. Schrager, Interested Citizen Mr. Bill E. Slabaugh, Dept. of Public Works Mr. Edward F. Soltesz, Chairman, Governmental Coordination Committee of River Bend Plaza Advisory Committee Mr. C. Wayne Brownell Mr. Mark S. Davis Ms. Helen S. King Mr. Kenneth Schaller Mr. Keith P. Crighton Mr. Louis N. Wilcox 2. APPROVAL OF MINUTES In the last Commission Meeting, which was called as a Special Meeting, heli on April 29, 1975, the approval of the Minutes of the Regular Meet - ing of April 18 was not on the Agenda for Commission approval. The Chair dis ensed with the consideration for approval until the regularly -sche- dul d meeting of May 9th. The Chair requested approval of the Minutes of the Regular Meeting of Apr 1 18, 1975, at which time, Ms. Jeanne Derbeck, Reporter for The South Bend Tribune, requested that she be granted permission to go on record before the Chair proceeds with this Commission Meeting. Ms. Derbeck was granted permission to speak. Ms. Derbeck requested her comments, be placed on record, and shown in the le Minutes: den Ms. Ms. Derl ring an, a. b. One thing specifically, I have read the Minutes, and I noticed that the Minutes do not mention several things. Well, one thing specifically: Councilman Terry Miller was here, and we had considerable discussion, which is NOT NOTED in the MINUTES. Now, you are dealing with topics here that were a controversy in the meeting. Well, these topics could become more controversial. I have known of other Commissioners who use minutes of their past meetings as a record -- almost a legal record. I am speaking of The Housing Authority, for instance. ssioner Chenney said he couldn't hear what she was saying, and Presi- Nimtz asked Ms. Derbeck to speak louder to be heard. (Derbeck said: These Minutes do not mention Councilman Terry Miller's comments from the 'last meeting' -- which were consider- able. Now, Minutes can become an almost legal record, and maybe they are a legal record - -I don't know. And I have seen it happen with The Housing Authority Commissioners who have had to go back to past Minutes as evidence of something that happened about a controversy that arose later. This is a controversial topic and these Minutes may be used as evidence later. I am not on the Commission, nor suggest- ing what you should do, but I would like it on RECORD that some things are missing from these Minutes. *k was requested to clarify for the record, which Minutes she is refer - objecting to being incomplete: Minutes of Commission Meeting of April 18, 1975, (Regular Meeting), recorded by: Ms. Helen S. King; Minutes of Commission Meeting of April 29, 1975, (Special Meeting), recorded by: Mrs. Dolores Crynes. -2- 2. APPROVAL OF MINUTES (Cont'd Ms Derbeck said regardless of which, that Terry Miller made comments in bo . h . Mr. C. Wayne Brownell, Executive Director, said the Chair was requesting approval of the Minutes of the Regular Meeting of April 18, and Terry Miller's comments are shown in the April 18, 1975, Minutes, noted as Item 10, Block 6 Development, R -66, pages 12 through 15. The Chair requested extra copies of the Minutes of April 18 be brought in the meeting for discussion, for the Commissioners and News Media, and this was done. Mr. Brownell said the Commission was about to approve the Minutes of the Regular Meeting of April 18 and if Ms. Derbeck has any corrections for that meeting? Ms. Derbeck replied, "I have none for the 18th. The 180 is okay; I am talking about the Minutes of the 29th meeting." Mr. Brownell said we are talking about the 18th, and that we should take that one first. Pre�ident Nimtz said: Ms. On Miller's remarks, there are four (4) pages of Terry Miller's remarks in the Minutes of the April 18th meeting. Of course... I'd say this to everybody present... it's impossible to have verbatim Minutes of these meetings. Helen is good, and I think she is studying to be a court reporter, but, for the record, we are just not equipped - -or available - -to have verbatim Minutes of these meetings, and we try to do the best on digest. But, I think your comments might be apropos for the 29th Minutes. We will get into that on the Minutes of the 29th. But, I think, on the 18th Minutes, that everything is there. Are there any comments from the Commissioners? lissioner Wiggins: Well, I agree with what you say. I think that we ought to be completely fair and objective about this. We operate under the Roberts Rules of Order, and it's required that we - -that the minutes -- reflect the actions that are proposed and are taken, and, I believe, that they do that. It's not required that the Minutes be a verbatim account of everything that's said, and everything that's happened to that degree. As long as the Minutes reflect reasonable accuracy as to what did transpire, in terms of the actions that were taken, is all that is neces- sary. Derbeck: Well, I don't think they should be verbatim either, but perhaps things need to be referred to, and that as our City Councilman, Terry Miller has requested information to his questions - 3 - 2. APPROVAL OF MINUTES (Cont'd a. a Mr. issioner Wiggins: Well, he is listed here as being present; he's listed here on some several pages, on his remarks that he said. That is what we are considering. Approval and /or of April 18, 19 is to Minutes of Regular Meeti The Chair asked for a motion for the Minutes of April 18th, that it be approved. Said motion was made by Mr. Chenney, seconded by Mr. Wiggins and carried. Approval and /or Amendments to Minutes of of April 29, 1975: cial Meeti President Nimtz said, "Now, we get to the Minutes of April 29, 1975. Now, this is the one that Helen King was not the reporter, isn't that right? Mr. Brownell: Right." Com- missioners concurred. Chair: "Now, there may be some in that that are sketchy in those Minutes." Commissioner Wiggins requested copies of those Minutes for the discussion, which were also produced. Kevin J. Butler, Commission Legal Counsel: Jeanne, is there any ommission, or Board, or Council, who does prepare a transcription of the Minutes as extensive as this Commission? I have never seen it. I'think that maybe our problem is that ours might tend to go too far. Ms. Derbeck: I don't think that the remarks have to be verbatim. I'm not an authority, but I wouldn't be objective for a lack of verbatim remarks, but I think there should be, at least, some reference to the matters discussed. Mr. Butler: That's why we present them in a meeting for approval, so that if anyone has any comments with respect to it, they can bring it up. Ms. Derbeck: But, I think there should be at least a sentence or two, or a summary acknowledging the essence of major objections, and things like that. MINUTES APPROVED, REGULAR MTG. OF APRIL 18, 1975 You asked if other Commissions - -well, the other one that I cover regularly is The Housing Authority meetings, and I think they have pretty extensive minutes. At least, I think so. - 4 - 2. APPgOVAL OF MINUTES (Cont'd Mr. Butler: They try to do the same as us? Ms. Derbeck: Well, yes! Well, some of these are almost verbatim in spots. Mr. Wiggins: They are. Ms. Derbeck: Yes, although they left out large parts of the discussions by the Councilman. Mr. Brownell: Mr. Terry Miller's requests on these Minutes are contained on Page 3, the Minutes of the Special Meeting of the 29th. Ms. Derbeck: The comments made in these Minutes of the 29th is all in regard to parking. I think he asked other questions too that are not in the Minutes. Mr. Wi ins: Well, I think there is a procedural matter here too that needs some consideration, if I can stick my 'oar' in. (To the Chair): By your leave? Mr._INimtz: Yes, go ahead. Mr. Wi ins: The fact is that we operate very loosely in terms of the Roberts Rules of Order. You will find throughout all of these Minutes, comments by people, other than the Commissioners -- either at their own initiative or upon invitation -- none of which is legally constituting any kind of entitlement. I think, in fairness, you ought to be as level with this, and...as you have carried it as far as you have ... with the idea that these are public meetings with everyone entitled to attend. This does not really mean that they have any legal entitlement to participate, beyond what invitation might be extended to them, and now, there has been extensive opportunities provided, but the actual responsibility of what happens here lies with the Commis- sioners. Ms. Derbeck: I did not say I was making a formal objection. I just said, for the record, that I think it should be noted. Mr. Wi ins: It would seem that if there is a problem here, in terms of Councilman Miller, he should be the one to be here and ob- ject! Ms. Derbeck: No. I'm bringing this up on my own behalf. I know from the verbal parts of the meeting from the notes that I had taken that several things were left out. - 5 - 2. AL OF MINUTES (Cont'd Mr. Nimtz: Jeanne, I do not recall exactly what was omitted from the Minutes, but, really, as Don says, we try to let everyone talk here. In regard to that last meeting, sure, I tried to adjourn the meeting, and everyone kept saying something, and the meeting kept going on. So, I don't think there was any attempt to shut anybody off the last time. I "did not try to shut the people off, the last time, at all. We adjourned the meeting at 11 :20 a.m. Ms. Derbeck: I think you did say a couple of times that you were... ... (not audible) ... Mr. Nimtz: What ... What... Mr. Chenney: We can't hear you. Mr. Nimtz: No! No! I...the discussion would die down and then it would start again, and I just let everybody talk. There was no attempt to shut anyone off at all the last time, but...I don't get what you mean? Ms. Derbeck: As far as the Minutes go, I am merely making an observa- tion, and so you know! So that you know that I have made it for my own records for the Press, as far as it is concerned, to observe when I have to refer back to items reported. I made it, and that is it! I am not asking for the Commission to take any action. The Chair then asked if there are any comments concerning the MINUTES Min tes of the April 29, 1975, meeting by the Commissioners. There APPROVED, bei g none, Mr. Donaldson made the motion that the Minutes of the SPECIAL MTG. Spe ial Meeting of April 29, 1975, be approved. Motion was se- OF APRIL 29, con led by Mr. Wiggins and carried. 1975 3. APPROVAL OF CLAIMS On otion by Mr. Chenney, seconded by Mr. Donaldson and carried, the claims, as presented, were approved and ordered to be paid, tot lling: $39,688.01. The claims, as authorized, are: P.E�A. R -57 Sou h Bend Exterminating Co. Swe ney, Butler & Simeri CLAIMS APPROVED AS PRESENTED $ 30.00 426.00 Total 456.00 3. APPLOVAL OF CLAIMS (Cont'd W" .. Rea Estate Research Corporation Solid Waste Disposal ° Department South Bend Exterminating Co. South Bend Tribune Tri County News Swe ney- Butler & Simeri Edward J. White, Inc. Clyde E. Williams & Associates, Inc. Clyde E. Williams & Associates, Inc. and Environmental Planning & Design - Joint Venture Clyde E. Williams & Associates, Inc. and Environmental Planning & Design - Joint Venture Total REDEVELOPMENT REVOLVING FUND Payroll: April 5, 1975 through April 18, 1975 Ault Camera Shop The Bobbs Merrill Company, Inc. Comet Car Wash Credit Bureau of South Bend - Mishawaka Dorothy Z. Deane - Petty Cash Fre man- Spicer Company Ind ana Bell Telephone Co. Ind ana & Michigan Electric Co. Ind ana Truck Wash, Inc. Int rnational Business Machines Corp. Jordan Ford Mak elski Art Shop Mus ynski Insurance Agency, Inc. Postmaster Sea s, Roebuck & Co. Swe ney, Butler & Simeri Sea s, Roebuck & Co. Sou h Bend - Mishawaka Area Chamber of Commerce MOD L CITIES EXTENDED SERVICES Relocation Claims Norj Jane Hill - Elvie Hill (Incidental Expense) N.D1P. A -10 Total Northern Indiana Public Service Co. Sou h Bend Water Works Swe ney, Butler & Simeri Total - 7 - $ 3,545.13 20.00 30.00 24.35 25.83 2,122.51 292.35 2,865.55 1,006.43 6,593.45 $ 16,525.60 $ 5,117.08 17.26 24.50 12.75 8.00 56.05 21.02 466.88 71.28 5.50 319.91 86.51 9.25 179.00 52.45 45.41 200.00 18.45 38.21 45.50 6,795.01 $ 178.51 32.79 223.50 434.80 3. APPROVAL OF CLAIMS (Cont'd 4. BURgAU OF'HOUSING ='E =7 PROJECT Orri S. Frame & Son, Inc. $ 75.00 Ork n Exterminating Co., Inc. 288.00 Swe ney, Butler & Simeri 31.50 William Parrish - Petty Cash 38.50 Mad son Builders, Inc. and Western State Bank (Contract No. 12) 5,000.00 Madison Builders, Inc. and Western State Bank (Contract No. 2) 51126.00 Total X10,559.00 DISTRICT CAPITAL FUND Cir le Lumber Company $ 15.72 Factory Tile, Inc. 133.20 Jack Frost Co., Inc. 60.00 Kue t Concrete, Inc 309.65 Total $ 518.57 DISTRICT CAPITAL BONDS OF 1972 Aay Rent -Alls $ 136.00 Acm Air - Filter Service 8.00 Akt ve Sales and Service, Inc. 19.50 B. B. Trash Removal 32.00 Cir le Lumber, Inc. 29.33 Flags International 291.49 Indiana Bell Teleph one Company 48.46 C. L. Lee Company 16.07 Sears, Roebuck & Company 5.08 Sei er Safe and Lock Service 4.00 South Bend Hardware 149.10 Sou hlawn Ford Tractors & Equipment, Inc. 1,350.00 Wat on, Inca 2,310.00 Total 4,399.03 GRAND TOTAL $ 39,688.01 a. ICATIONS HUD letter dated April 17, 1975: This letter, over the signature of Mr. Stephen J. Havens, Acting Director, Community Planning and Development, Indianapolis Area Office, advises that based on our letter and recent conversations with their office, approval is granted for extending Projects Indiana R -66 and R -57 (Central Downtown Urban Renewal Project and LaSalle Park Urban Renewal Pro- ject, respectively) to June 20, 1976. A firmer close -out date will be established at a later date. CLOSE -OUT DATES EXTENDED FOR PROJECTS R -66 & R -57, TO 6 -20 -76 4. COMMUNICATIONS (Cont'd) b. HUD Regional Office letter dated April 18,1975: This letter, over the signature of Ms. Mary M. Dangles, Legal Financing Officer, Office of Regional. Counsel, Region V, Chicago, ad- vises in connection with the sale of our forthcoming issue of Project Notes, they will submit, on our behalf, to The Daily Bond Buyer, data setting forth the information to be inserted in the Notice of Sale to be published therein. The information will be incorporated'in a consol- idated Notice of Sale which will include similar information with "respect to all Local Issuing Agencies selling Project Notes at this time, as well as all the conditions applicable to the sale. Also enclosed were HUD Form 9402, suggesting we prepare the form of proposal and distribute copies to each local bank and to other prospective purchasers, even though local adver- tising is not required by local law. The canvassing of bids will be at 1:00 p.m., Eastern Daylight Savings Time, on May 20, 1975, in the Office of the Depart- ment, for Project Indiana R -66, First Series 1975 Project Notes, in the amount of $6,745,000.00, with a closing date of June 17, 1975, and a maturity date of June 11, 1976. Immediately upon the canvassing of the bids, they must be called into their Chicago Office for their authorization and awarding to the low bidder and the processing of the Project Notes. C. HUD letter dated April 25, 1975: This letter, over the signa- ture of Mr. Stephen J. Havens, Acting Director, Community Planning & Development Division, Indianapolis Area Office, ad- vises the revised Invitation for Bids, Addenda Nos. 2 and 3, and revised Engineer's Cost Estimate, submitted with our letter dated April 14, 1975, have been reviewed and approved for advertising, for the Colfax Pier Park Contract, R -66. They will await our submittal of the award package, with a total of five (5) items requested to be included in the mailed packet. d. HUD letter dated April 259 1975: This letter, over the signa ture of Mr. Daniel B. Bowman, Acting Director, Housing Pro- duction and Mortgage Credit Division, Indianapolis Area Office, advises the updated Wage Decision for Contract II -E, in the Central Downtown Renewal Project, for the Paving Force Account and Contractual Work on Curbs and Sidewalks, is IN75 -2028, dated February 7, 1975, and currently in effect Enclosed also is Modification No. 1, dated March 7, 1975. FIRST SERIES 1975 PROJECT NOTES, R -665 $6,745,000.00 COLFAX PIER PARK, R -66 WAGE RATE DECISION FOR CONTRACT II -E, R -66 e. HUD letter "dated April 28; 1975: This letter, over the signa- PHILADELPHIA, ture of Mr. James E. Armstrong, Area Director, directed to INC., RELOCA- Mr. Andrew Poledor with a copy to this office, is in regard TION PAYMENT, to Philadelphia, Inc.'s request to HUD for a re- determination R -66 of their relocation payment. After reviewing every aspect of - 9 - 4. COMMUNICATIONS (Cont_' their claim, Mr. Armstrong stated they can find no basis to change the decision made by HUD in their letter of February 16, 1974. A review was made by the HUD Relocation Specialist and the guidelines on the Direct Property Loss Payment set forth in HUD Regulations, Section 42.70, are unchanged. The guidelines state, the amount of the Direct Property Loss is based on the lesser of the Fair Market Value for continued use on the esti- mated moving expenses as determined by the 'A enc . The letter states the LPA has conformed to HUD guidelines and has made every effort to make the maximum relocation payment allowable in this case. Thus, HUD does not concur in their request for payment of $68,671.75. HUD authorizes payment of $47,488.00, as approved by the LPA. This is to constitute payment in full. Under established grievance procedures, Mr. Armstrong informed Mr. Poledor that he has the right to seek Judicial review. f. HUD letter dated April 30, 1975: This letter, over the signa- ture of Mr. James E. Armstrong, Area Director, advises the Department of Housing and Urban Development is responsible for assuring that local agencies carrying out HUD assisted activities involving displacement, comply with the Uniform Relocation Act, and the Department's implementing regulations. To accomplish this purpose, their Relocation Specialist made a relocation progress and performance evaluation of our Urban Renewal Projects, Indiana R -66 and R -57, and N.D.P. Project Indiana A -10, on April 17 and 18, 1975. Consultation with our Relocation Staff and a random sampling of our relocation files and records was made in conjunction with this evaluation. The evaluation included a determination as to the degree of compliance by the LPA with the items and conditions of the contract, and with the pertinent regulations, policies, and procedures of the Department of Housing and Urban Development governing the Relocation Assistance Program. The evaluation revealed that our Relocation Assistance Program "is being carried out in an acceptable manner." g. HUD Regional Office letter dated May 2, 1975: This letter, over the signature of Mr. Richard A. Kaiser, Assistant Re- gional Administrator for Community Planning and Development, Region V, Chicago Office, advises Requisition No. 8 for Pro - ject Capital Grant Progress Payment, for Contract No. Indiana R- 66(LG) that was transmitted with our letter of March 21, 1975, has been approved, in the amount of $3,384,012.00. The approved amount represents payments of 95% of the earned grant. - 10 - RELOCATION ASSISTANCE PROGRAM EVALUATED CONTRACT NO. IND. R- 66(LG) GRANTS APPROVED 4. COMMUNICATION'S (Copt'd Requisition No. 7 for Relocation Grant Payment, same Contract Project, has been approved, in the amount of'$9,282.00. Check No. 6,824,073 dated May 5,`1975, has been received, in the amount of $3,393,294.00, drawn on the Treasurer of the United States to the depository designated and authorized by our Agency, for deposit only for Project Temporary Loan, drawn for: "Repayment. Fund Project IN R -66 Contract Indiana R- 66(LG)." The check is to be recorded as a receipt in the Project Temporary Loan Repayment Fund. Mr. Brownell said what this means is that instead of owing $10,150,000.00, we will only owe $6,745,000.00, as a result of getting the Progress Grant Payments above. President Nimtz further added this has been a result of pro- longed meetings both by Mayor Miller and Mr. Brownell, and the staff here, in Indianapolis, Chicago, etc. This is a tremendous credit that we have received here. Commissioner Wiggins also added that it will save time and a lot of money and interest. In reference to Ms. Derbeck's question if this amount is what was discussed previously for the Project Notes, and Mr. Brownell replied the $6,745,000.00 relates to the First Series 1975 Project Notes that we will be canvassing bids on May 20, 1975, discussed udner 4b above, and advertised in The South Bend Tribune on April 29 and May 6, 1975. h. International Constructors Company letter dated May 8, 1975: This letter is over the signature of Mr. James McCutcheon, President, relating to Block 6 proposed development change, for Project Indiana R -66. Mr. John C. Fleck, the developers architect, with Fleck & Hickey, Inc., architects, in LaPorte, Indiana, brought the letter in this morning and the site plan for Block 6 revised land use, to present to the Commissioners and the public in this mornings meeting. Mr. Brownell read the letter in its entirety. It is summarized for the minutes. This is to formally request "Block 6" be offered for bid. If it is possible to accept the bid subject to later change in land use designation, we would be happy to bid immediately in order to accelerate this program. Your serious consideration of this alternative is requested. We hereby request a change in land -use designation. A minor land use change is necessary to permit construction of a motel and restaurant in addition to the current designation, and to permit an increase in the number of residential units to a number in excess of 200 as hereinafter suggested. We under- stand that your approval of our proposed projects will be re- quired prior to transfer of title, and must conform to all zoning requirements then in effect. PROPOSED DEVELOPMENT CHANGE, BLOCK 6, R -66 4. COMMUNICATIONS (Cont' Projected is a 150 -room luxury motel with a prestigious restaurant and cocktail lounge, occupying approximately 4.5 acres. This is proposed to be a Midway Motor Lodge and a Hoffman House Restaurant The construction time is approximately 12; months ; with'the anticipated opening to be no later than the completion of the Century Center. Construction could begin as early as this fall, but certainly no later, than the sp ring 'of 1976. A 20,000 sq. ft. office building, adjacent and possibly attached to the motel, with tennis courts to provide recreation for motel occupants and apartment residents. Approximately 4.5 acres is to be reserved for future office and commercial development, as needed, to meet the require- ments of the South Bend business community. We are prepared to build and lease, lease the land only, or sell the land for the purchaser to build, depending upon the interest shown. We believe some construction coulld begin as soon as the motel is started, but the total development of this area might not be determined for 6 - 12 months thereafter. We would, of course, expect to obtain Commission approval for specific projects that would be considered. 100 luxury apartments on approximately 4.5 acres, with construc- tion here not expected to begin until the middle of '76, and some change in number of units and type of construction may be necessary to accommodate the housing market at that time. An 11 to 14 story high -rise apartment project for the elderly occupying approximately two acres - -to include 150 -200 units, depending upon the allocation provided in HUD advertisement they they expect to be released in the near future. Because we feel this is important to South Bend, we would assure you that we will build the high -rise elderly beginning this fall, if we are the successful bidder. If another bid is successful, we would make the land available at same cost basis as we in- clude in our bid and subject to your approval of the project as designed by others. This could be the first project to begin construction, assuming they are successful in purchasing the land and obtaining the HUD award by September 1, 1975. "We appreciate your cooperation in making this project move as quickly as possible. We think it is not only important to the South Bend community to have construction begin this year, but it will be helpful to us in obtaining favorable interest rates and construction prices." Photographs of some of their Midway Hotels, as they exist in other cities, were also shown. The following questions were asked of Mr. Fleck and the various responses are shown: - 12 - 4. COMMUNICATIONS (font' Mr. Schrager: With the Royal Inn only about 35% occupied, how would you propose to finc-;nce another .150 -room 'motel? Mr. Fleck: Full development of Block 6 is contingent upon successful grants for the downtown area. It's success, of course, is predicated upon the protocol of the downtown, as well as with the Civic Center: Mr. Nimtz: As I understand it, your feeling is not yours, but the princi- pals involved, and that with'the Civic Center there would be sufficient clientele, and that neither installation would be hurt? Mr. Fleck: That's correct. Yes, sir. Mr. Hoy: Do you propose to put any retail businesses down there, or just offices? Mr. Fleck: No. No retail businesses. As we say, the Block 6 is now de- signated as Service Commercial /Residential. We feel that is somewhat restrictive in terms of the total highest, best land - use development of Block 6. What we are suggesting is that it still be retained for those service- oriented commercial businesses, but expanded to include a motel and also the need for more numbers of residential units. Particularly, I don't think, at the time, that the high -rise elderly was considered for that block. That, in itself, would be 150 to 200 units, and would then make it impossible to pro- vide any other kinds of luxury apartments, or apartment units, in the Block 6 area. We found the present "category of classi- fications would be subject to your approval in that area. Mr. Caesar: It was my understanding at the other meeting that Midway Motor Lodge wants to build a motel here. Is that right? Mr.lFleck: Yes, sir. Mr.ICaesar: It is their idea? Mr. IFleck: Yes, sir. Mr. Nimtz: Janet, did I see your hand up? You haven't asked a question here for a long time. Mrs Allen: If you are to separate the motel from the apartments- -which should be - -you are only going to have office space or Service Commercial in there, and you cannot. I don't think you should consider an 11- or 14 -story high -rise for elderly. Luxury apartments, yes, because they... but for the elderly you have to remember they might have to walk down a fire escape- -WALK, not in the elevator. - 13 - 4. COMIUNICATIONS (Cont'd) Mrs Allen: You also have to remember that if you are going to have elderly people down there and .luxury apartments, that you must have a grocery store- -li -ke a commissary= -and a delicatessen, like they have in Dallas in their apartment complex. Not a drive -in facility, but have some place where the people can go to get something to eat, because those folks are not'interested in a closed office building at night. Mr. Nimtz: Janet, I am sure they have considered this, but, -I know from the discussions that I have had, that the thing has to be economically feasible on a square footage basis. Isn't that right? Mr. Fleck: Right. Mr. Nimtz: And there are a lot of things people would like, but when you are charging minimum rent, there are only certain things that you can do. Am I putting it correctly? Mr. Fleck: Yes, sir. Exactly. Mr. Nimtz: I might say and report to the Commission that, although Mr. Brownell and the staff have been busy on various matters, including these negotiations with HUD, he and the staff have been working on things that need to be done concerning this, because we are not only involved, but the Area Plan Commission is involved, the City Council is involved, MACOG is involved, and HUD is involved - -all those agencies have to approve this. Mr. Wiggins: The success, or lack of, will be determined by approval of the people, Janet, and this is a very important element, and I am sure everyone involved in it has to be aware of it. Now, when you mention high -rise in terms of this elderly, how high -rise are we talking about? Mr. Fleck: Now, that depends, of course, upon the number of units designated by HUD to be constructed which may be 150 to 200 units. Now, therefore, that may be from 11 to 14 stories. Of course, the times of construction required for a facility of that type are very restrictive in themselves in terms of fire- proofing, and; that sort of thing. There really is no other way to develop a successful project for the elderly, except the high -rise kind of situation. We found that the elderly do not necessarily like to be out in an area where we have plenty of open land and land that is relatively inexpensive. They need the conveniences that are close at hand, and, as the lady suggested; commissary, within the direct area for the sake of convenience, but it needs to be fundamentally a high -rise type of facility with all the protection you can provide for it. - 14 - 4. COMMUNICATIONS (Cont'd) Mr. Wiggins: Well, you're talking principally, I assume here, about a facility that would be rent subsidized in some fashion by HUD to provide a low -cost housing facility for the elderly. Mr.lNimtz: This is where you get into the square- footage thing. Mr. Brownell: I think, with your permission, Don, as I explained to the Commission, I also have another group of people who are interested in bidding on Section 8, Elderly Housing, and they want two acres in this tract', and, of course, they can't each have two acres. Either one or the other- -the successful bidder would be the only one that would get it. They tried to talk to me about getting an option on two acres, and I said that we have never granted an option to anybody on land up to now, but, I understand, from Mr. Fleck this morning that these people have talked to each other, and if you (speaking to Mr.. Fleck),were successful, you would be willing to turn the two acres' over to then to them? Mr.lFleck: Yes, to both questions. Mr. Wiggins: Now, basically, are you both talking about the same type of general construction? Mr. Fleck: Yes, sir. Let me say, since we first announced our interest in Block 6, we have had conversations with at least two potential developers or bidders for the high -rise elderly project, when it comes out, and both have indicated a major interest in this site on Block 6, as opposed to the site, I believe, on the Northwest side of the city area. Mr. Nimtz: Mr. Brownell, as I understand my discussion with you the other day, we have no formal letter from the other people, as yet? Mr. Brownell: No. No, not as yet. Ms. Derbeck: Are the other bidders, T. Brooks Brademas? The other potential bidder? Mr. Brownell: No. I have no bids from T. Brooks Brademas. I have not talked to T. Brooks Brademas. Ms. Derbeck: We were talking about another person Who was it? Mr. Brownell: There was more than one person really, but 'I have just not given you the names because they haven't made any public statement, as yet. Mr. `limtz: Do the Commissioners have any other questions they want to ask? (There being no further questions on this item, the Com- mission moved to the next item.) - 15 - 4. COMMUNICATIONS (Cont'd i. City Development Company letter dated April 2$; 1.975: This CITY DEVELOP - letter is'from Mr. Allen E. Schrager, Partner of this firm, MENT COMPANY addressed to Mr. F. Jay Nimtz, President of the Board of Redevelopment Commissioners`, with copies to all the Commis- sioners and Mr. Brownell. This letter was not on the Agenda. Mr. Schrager requested the communication be shown as received'; which is for approving the proposed plans fo thE: Ri`ver..Bend Development Group and further stating they own downtown properties as follows l) Commerce Building, 2) JMS Building, 3)'JMS Building Annex, 4) Washington and Michigan Building, 5`) 127 North Michigan Street, and 6) Michi- gan and Wayne Building. Mr. Schrager further says they own two properties which he states would be required for the project, namely, the former American National Bank Building at Michigan and Washington Streets and 127 North Michigan Street. He states for the Redevelopment Commission to agree to acquire these propE,rties for the River Bend Development Group would, in effect, be giving them an option on his properties. He said they would be willing to meet with the developer and dis- cuss a sale; however, he requests the properties not be put on the acquisition list. Mot on was made by Mr. Wiggins that the above communications be received and placed on file. Motion was seconded by Mr. Donaldson and carried. 5. OLDIBUSINESS a. Suggestion for River Bend Plaza from River Bend Plaza Advisory Committee: Mr. Louis N. Wilcox, Director, River Bend Plaza, said that it had been the desire of the Commissioners that the River Bend Plaza Advisory Committee make some determination as to which one of the several plans presented for the development of the remaining blocks would be favored by the Committee. At their Advisory Committee meeting on May 6, Mr. Wilcox advised that. a motion was made by Mr. Richard Russell of thE: Advisory Committee that the Committee recommend immediate adoption of Plan "D" of the presented alternatives, to include two, 30 x 30 stages, which would be controlled by hydraulic lifts. The motion was seconded by Mr. Allen Schrager, and passed by unanimous vote by the Com- mittee. Those plans are in the office of Mr. Brownell now and were displayed to the audience at the Special Meeting. Commissioner Wiggins said that at the meeting that we held, an indication was made that the public would be invited to attend the River Bend Plaza Advisory Committee meeting, and asked if there was any substantial participation on the part of the public or others? And if they had any input', and were , they -afforded an opportunity to give input? =M. PLAN "D" TABLED FOR NEXT COMMIS- SION MEETING, 5 -23 -75 5. OLD BUSINESS'(Cont'd) Mr. Louis Wilcox said that as to the substantial participation, the answer was "No." However., there was some. The meeting was a free and open-meeting'and Mr. Oesterling of''C1yde E. Williams & Associates presented the various plans at the meeting and made the explanations very simple and took an adequate amount of time to explain many of the questions that were asked, and that there was a substantial number. Commissioner Wiggins asked if the feeling was pretty generally in accord with the motion that was made and that has been presented to the Commission here, to which Mr. Wilcox replied, "I would say, yes. President Nimtz said that we can get into a discussion from now until Noon about this stage, and we don't want to do that at this time, but stated to Mr. Soltesz, "I know that one of the big dis- agreements is going to be concerning the proposed stage and what the estimate is. As I understand it, you have a figure of around $37,000 and, of course, I think we have had a figure of`anywhere's up to $200,000 ?" Mr. Brownell said, "the cost is stated in differ- ent ways: One of the costs that the architect thinks it will be, is a continuing cost each year, of up to close to $50,000 a year, and, I think, this has to be explored and we have to find out where we are going to land, before we can proceed with it, and I have asked Mr. Oesterling to make himself available -- either before or at our next Commission meeting." President Nimtz asked Mr. Soltesz if he could be available for con- sultation and Mr. Soltesz said that he can be. The Chair asked Mr. Soltesz to state his position on this stage, as he knows there was some discussion at the Advisory Meeting on this subject. Mr. Soltesz stated: "I would only like to say this: That if those of us that are involved in industry had to forecast our expenditures in a manner in which this was presented, and I happen to know, as an adversary of mine is sitting across the table there - -Mr. C. Wayne Brownell- -that if these figures that were presented to us would be accurate, none of us would be in business here, and we would be manufacturing nothing here in the City of South Bend, or St. Joseph County::: That is my only comment that I have to make." President Nimti stated that he is sure that the Commissioners will go into this very thoroughly because we want to do what needs to be done there, and Mr. Soltesz replied: "I know you do, Mr. Chairman." The President said we are in a great divergence here on costs. Mr. Brownell said he wanted to explain Ed's remark: "Ed represented the union, and I represented the management." The Chair asked Mr. Soltesz, "What about relocation of the utilities down there ?" and Mr. Soltesz said, "I do not think it is apropros." The Chair's question on whether he has talked it over with Mr. Oester- ling, Mr. Soltesz advised, "Yes, we have talked about it and we have talked it over several months, and it hasn't been a problem, and much to our surprise, the costs for moving all of these items ... but one thing - 17 - 5. OLD BUSINESS (Cont'd) I am glad of, Mr. Chairman, is that the overlay of the utilities has finally come out for discussion that Mr. Kagel and the rest of us have asked to know where shut -offs for electrical apparatus and gas, and everything else is. It is now out where we can see it,'� so we did achieve something for a $4,000 income--$4,000 for the engineering outlet." Mr. Kagel said "Absolutely. We should re- ceive this report and then we have to obviously consider this matter again." Mr. Wiggins made the motion this item be placed on the Agenda for the May 23rd meeting, seconded by Mr. Donaldson and carried. Mr. Chenney asked how they are going to go on th s $37,000 estimate that they have; have no papers we don't know what companies bid on it; we don't know anything about it. He didn't think the engineers that work for Bendix are going to come out here and are qualified to make this thing; they are not in the construction industry. Mr. Wiggins said this is what we are going to hear about and decide at our next meeting, on the 23rd, and that is one of the reasons for having all the people who are interested here at the meeting to present their opinions. To this reply Mr. Soltesz angryly replied, "Now, just a minute:" Mr. Chairman: Now, just for your information, 'yes, we are in the construction business out there at the Bendix Corporation,'and conse- quently, we have just as many civil engineers, and architectural engineers as that in any industry around here -- including Wheelabrator, Ball Band, Dodge, and others:" Mr. Chenney said, "Oh, I know that, sure. I'm not disputing that. You're working for Bendix; that's what I said. I'm not disputing that." The Chair asked if the Commissioners or the Director were at the River Bend Advisory Committee, last Tuesday. None were. It was election day. Mr. Wilcox and Mr. Soltesz attended. The Chair advised Mr. Chenney that he will be the Presiding Officer at the next meeting. Mr. Nimtz will be out of town. The motion was that this item be placed on the Agenda for the May 23rd meeting for public discussion and hearing, and motion so carried. 6. NEW I BUS I a. Request for Paving Bricks, Block 6, R -66: This is a formal request placed on the Agenda, from Southhold Restorations, Inc., Mrs. Ruth Price, Executive Di rector, dated' April 30, 1975, to the Redevelopment Commission to have permission to.remove the paving brick east of the Post Office for use at Tippecanoe Place. "We are quite aware that brick of this type has value - particularly to various individuals who are currently helping themselves to them -with or without your permission." PAVING BRICK REQUEST, FROM SOUTHHOLD RE= STORATIONS, INC., R -66 6. NEWIBUSINESS (Cant'd —r- Southhold is trying to redevelop the Tippecanoe Place and thE: condition of the driveway and parking.lot is quite deplor- able, and if they were permitted to use the brick to repave the drive, it would be entirely in -'keeping with the street surface material of the period. It would also be using the brick where the general public would derive benefit from it... This would help maintain the mansion in its historical context. They have a commitment from the City for summer workers and they would be used in the project. President Nimtz stated, "I also wear a hat at Southhold and will not participate in any action here on this subject, and now will turn the meeting over to the Vice President to Chair this portion of the meeting." Presiding Officer, Vice President Mr. John E. Chenney, inquired if the paving bricks are separate from the other bricks? Mr. Brownell said they are in a street and have never been torn up. Commissioner Wiggins asked if any quantity of these bricks that have been removed and have been stored elsewhere? Mr. Brownell answered that some of the bricks have been removed by theft and hauled away. It is in Block 6, off the old L.W.E., the old Columbia Street that is closed, west of the old Columbia warehouse. Mr. Wilcox suggested if the Commission is going to do anything about this request for the bricks, he would suggest it be done as quickly as possible, as he has personally talked to people wanting to take the bricks away and they told him that we do not own them and that they are entitled to take them. At the rate the bricks are disappearing, they will not be available for the future. Mr. Brownell said that Mr. Rollin Farrand, the City Engineer, wants the bricks for city use, wherein Mr. Slabaugh stated that the street is not city owned; it belongs to Redevelopment; that this Department acquired the whole area. 'Mr. Gene Evans, Execu- tive Secretary of the Civic Planning Association, said that Southhold would have a problem because they are acquiring owner- ship, but do not intend to move there until the end of the summer. In the meantime if it is made known that Southhold will get it, others may move in and take the bricks, and "I don't know how you can protect the bricks from being taken." Mr. Nimtz said Southhold would pick up the bricks within two weeks. Mr. Kevin J. Butler, Commission Legal Counsel, said that "we own the property. The street has not been vacated, so the City still has the right to the bricks We are in the process of filing a petition for the right of the street; then we would own the bricks." Commissioner Wiggins made the recommendation that Mrs. Price make the request to the'Board of Works direct, and Mrs. Janet S. Allen requested, "You make the suggestion; don't wait for Ruth to do it." - 19 - 6. NEWIBUSINESS (Cont'd) Commissioner Wiggins stated that he will be glad to refer this to the Board of Works with our recommendation that the bricks be given to Southhold,'and further that the Board of Works give further consideration for .the conservation of the bricks`; if it means the removal and storage some place, so be it! Com- missioners all concurred, and the statement was requested to be made the motion by Mr. Wiggins, seconded by Mr. Donaldson and carried. It was also suggested that mounds of dirt be placed on top of the bricks; however, in jest it was stated by several that the dirt would be taken first, then the bricks.' b. Commercial Lease: Commission approval was requested for a COMMERCIAL Commercial Lease between the Department of Redevelopment and LEASE the Department of Public Works, Division of Facilities, Bureau of Municipal Parking of the City of South Bend; 'to use Disposi- tion Parcels 4 -1, 4 -31, 4 -32, 4 -78 and 4 -79 for surface park- ing, commencing May 5, 1975, on a month -to -month basis, in amount of $1.0.00 per month. Project Indiana R -66. Mr. Butler defined the parcels as: 4 -1, 4 -32 and 4 -31 is the entire area east of Michigan Street, across the street from Wymans; Disposition Parcels: 4 -78 and 4 -79 are the service drives. Motion for the approval of the above Commercial Lease was made by Mr. Chenney, seconded by Mr. Donaldson and carried. Commissioner Wiggins said he is concerned with the approval of the motion of the lease. What happens to other property that we have previously leased to them from the Civic Center? Mr. Brownell advised that we sold the land called for the Century Center and these have been used for parking. We are closing off the monthly parking and moving south where the old School Administration Building was. This particular lease will not be for monthly parking; this will be for people who want to come downtown and they will have this parking area for parking. It will be metered parking for people to shop etc. Mr. John Paulson, owner of the Hans- Rintzsch Luggage Shop, asked "if the "hole -in -the- ground' (the amphitheaterY, will it be filled and graveled off ?" Presiding Officer, President: Nimtz, back chairing the meeting, said, "This is the old question of parking. Parking is the City's responsibilities because of the bond issue for the parking. garages; they have certain legal commitments. The parking meter monEy is pledged to the payment of the bonds, so any question of parking and free parking is a city responsibility, and they have to watch their legal commitment to the bond holders. Is this right, Counselor ?" Mr. Butler responded, "That is absolutely correct! " President Nimtz said that Kevin Butler-has researched this matter and that is why it was done that way. Motion carried. lwklm 6. NEWIBUSINESS (Cont'd c. Resolution No. 512: This Resolution authorizes the execution RESOLUTION of the Redevelopment Agreement for the disposition of land and NO. 512 the execution of Quit- C1.aim Deed..for the transfer of title ADOPTED, thereto in connection wits Parcel.Nos. 15 -9, 15 -10 and 1 /2.of R -57 15 -11, to C. E. Stafford, in acquisition amount of $1,123.00, Project Indiana R -57. The parcels are located on Dundee Street. On motion by Mr..Chenney, seconded by Mr. Wiggins and carried, Resolution No. 512 was adopted, and the President and`Secre- tary authorized to execute. d. Pool and Fountain'Work: Commission authorization was re- PAYMENT quested for approval to pay for the work performed by Colip AUTHORIZED Electric Company, for pool and fountain start -up, to the FOR POOL & amount of $2,600. °00, Phase I'II, Project.Indiana R -66. FOUNTAIN START -UP, Per Mr. Bill Slabaugh, Department of Public Works, and the RIVER BEND Project Engineer, had the cost of the work verified with PLAZA, R -66 Colip Electric, on May 8, to be: Labor, $1,750.00; Materials, $850.00, or a total charge of: $2,600.00. Mr. Brownell asked Mr. Slabaugh to give a report on why the work was required. Mr. Slabaugh referred to a letter from Mr. Raul Saavat of Clyde E. Williams & Associates, Inc., professional engineer and consultant for us, in letter dated April.21, 1975, and "he stated in here that new ground fault interrupting -type circuit breakers have been installed on these pools." Mr. Slabaugh added that "they spent some $3,900 - -at no charge to you - -in installing those, and while they were installing them, they found water down in the panels. Clyde E. Williams got a letter from Colip Electric - -while Col,ip was installing this - -and I would like to read part of that letter, because it seems that everybody got a copy of Clyde Williams' letter, but NOBODY got a copy of Colip's letter." Quote from letter: "On April 9, 1975, we replaced all of the ground fault breakers for pool lights in pools C, D, E and I." (C is at Western; D is at Dainty -Maid; E is in front of St. Joseph Travel Agency; and I is at Morris Civic). "Our electrician discovered water in the panel board for Pool I lights and his further inspection indicated someone had failed to seal the cable openings when the lights were removed for the winter." Mr. Slabaugh added, "If you remember, that is the same pool "I" that had a tree on it, from the Advisory Committee's tree decora- tions, and it happened in a.couple of places. We weren't in- formed that those tree lgihts were going to be set up there in time to actually do `something about it, and we couldn't make the proper inspection -- though I am not blameless there - -I could . probably have gone to the Advisory meetings, etc. At any rate, when your consultant, Raul Salvat from Clyde E. Williams, got that information, he wrote this letter that indicated that certain - 21 - 6. NEWIBUSINESS_(Cont ' d) things should be done to protect the panels which are down below, as far as the elevation is concerned, or down below these lights, there is a little pinhole where the water can trickle down and get into these panels. So Colip in doing this work - -1 asked him all through his work time, which took a week and a day- -that he advise me and recommend to us what we should do to prevent this in the future, and he said that even though Kim and I have their manual, and everybody is welcome to see it; they are the manufac- turers. They told us how to prepare the pools, and even 'though we didn't have all the time that we should have had to do it, we should have, at least, kept the water out of the panels. Then Colip told me that we should put waterproof coverings over those pools, before the trees were set on the pools, to keep the water out of the pools and not take the lights out, and to hrre Colip to periodically- - say, two or three times a month - -to check and make sure that the water is kept out of the panels from the pools - -any snow water or ice - -and there are heaters to keep all the distribution panels and all the pool pit panels dry; that is, moisture free, and.that we would check them every day and they would check them periodically to make sure that everything is functioning properly. They would mark them so that we would turn them on; we were manned to do that. If we keep the water out, we will not have this repeat cost. I wrote my annual report in advance, practically covering that. President Nimtz.asked for any comments o of the Commission, to which Commissioner I am glad to hear that it appears that w e situation, because I think this probably of the breakdown of the pools in the pas tr questions by the members Wiggins responded, "Well, are now on top of the was one of the big causes year." Mr. Slabaugh responded, "That's right! They had a low - threshhold ground circuit breaker and there are some technical things that went into that; I believed they weren't necessary to go in there then, but they are now. But, at the time this contract was written, it wasn't necessary to have them, but the pedestrians down there have a conditional safety - -if they touch a hot wire, the ground vault is going to go and not the pedestrian (audience responded with laughter). I know it sounds sort of heartless, but it's very true. President Nimtz said that Mr. Soltesz had a discussion with him the other day on this matter. "Mr. Soltesz, I'll call on you." Mr. Ed Soltesz, Chairman of the Governmental Coordination Committee of the River Bend Plaza Advisory Committee, said, "Sometime back, I sat in this same meeting and opposed the payment-to Hickey's for the completion of the pools, and I stated, at that time, that there were many things wrong with the pool area, and I'said that there were cracks, fissures in the pool down by Dainty -Maid; also, on the electrical aspect of what was wrong with the pools. I- was told, at that time, that the only thing that remained to be done with those pools was the inclusion of a motor that had to be re- wound, and the pools would be ready to be run on April 15th. Is that right, Mr. Slabaugh, it's a matter of record!" - 22 - 6. NEW OUSINESS (Cont'd) Mr. Slabaugh stated, "I said, 'if' and the 'if' was- -and Helen wrote it down in the Minutes with a 'big if.' We had a three-year warranty, which we are trying to guarantee here: Response from Mr. Soltesz,' "Well, -you see, warrantees are tike anything else, and this was my point t: Now, we have a figure here of $2,600.00. In this $2,600.`00, the employees - -your employees= -AND my witness is sitting right in this room, and we WERE TOLD to remove the covers off of these same fountains, that are now being talked about by Colip in his letter--Charlie Col'p wrote the letter--and also the other letter that you speak of - -1 have copies of BOTH- -and in there it was specifi- cally stated that the instructions were not followed.in the preparation of the pools. Now, there was not a determination..... Mr. Slabaugh: "This is NOT a Hickey Contract::" Mr. Soltesz: "I didn't interrupt YOU:, Mr. SLABAUGH, when you had the floor: Mr. Chenney: "You're getting a little rough, boys: The Chair said "All right, go ahead." ...to which a heated rebuttal ensued. Mr. Slabaugh stated, -I am the Project Engineer, sir. I am in the Redevelopment area:" and Mr. Soltesz's retort was, "AND I happen to be the taxpayer, Sir; JUST remember that:" The Chair's gavel to maintain order in the meeting was ignored, with more heated rebuttels. The Chair requested Bill Slabaugh to complete his report. Mr. Slabaugh said "this was not a Hickey contract. Hickey is the general contractor on Contract No. 5; Colip was their subcontractor. But Colip put these pools in order so that they run and so that they can be under warranty. Actually there was one part that was stolen; one of those pool lights was stolen and that's in here.. It is not indicated in the detailed breakdown; it will be in his bill, so, if we are saying that Colip shouldn't be paid; if that is what is coming from the outside, you recognize as someone who is not completing my report, then all I am doing is asking for your ap- proval to pay Colip for the work that they DID to insure that we would have a Maintenance bond, which we will probably lose if it wasn't done." The Chair asked Bill if he is through now, and Bill Slabaugh said he is through if that's all that is required for him to explain. President Nimtz said the Commissioners had no questions at thE! time he had called for the Commissioners' comments, and '°Do the Commissioners have any .comments now ?" Commissioner Chenney asked if Colip's have done the work, to which Mr. Slabaugh answered, "Yes, Sir." and Mr. Chenney said that is all he wanted to know. The Chair requested Mr. Soltesz to go ahead with his discussion. Mr. Soltesz commented; "No. 1, to clear the air. I have no objection to having the pools running. We've.got $3 Mil -lion Dollars invested; a little better than.$3 Million, in fact. The citizens of this community would like to spend some time in utilizing these little pools from the time that they were turned on and they were not completed;.were not operating. I understand that they have been turned over to the City in the interim. Who......" Mr. Slabaugh interrupted., "They have not been turned over to the City in the City in the interim." Mr. Soltesz's - 23 - 6. NEWIBUSINESS (Cont'd) comment was, "Well, then I stand to be corrected. I understood from this Commission that sometime in the last several weeks that this has been turned over -- including the $6,000 that was appropriated for cleaning these pools., last Januarys by this Commission." Mr. Slabaugh replied, "Co.ntract'No.' 5 is still an active contract! YOU SAW to that when you nailed that $8,000.00 down in the Hickey contract. Hickey still ownes that pool that you are speaking of down there." The Chair requested that this be cleared, and asked Mr. Brownell, "Are these the City's responsibility, or are they ours? Mr. Brownell said they he understood that they have been turned over to the Board of Works and the Chair said that was his understanding also. Mr. Slabaugh said, "That is not true, unless you have turned it over since last Monday." Mr. Brownell said that he had talked to Mr. Farrand about it. Mr. Butler, Commission Legal Counsel, stated that his understanding is that the, Commission has never approved that Contract No. 5 - -a completion certification - -or that a comparable document has never been approved by this Commission. And if that isn't correct? Mr.` Brownell replied, "That's right. In other words, there are still some maintenance items for Hickey to go over. In fact, we held back $8,000 to guarantee that those would be delivered; and, therefore, we have do not have a completion on that. Commissioner Wiggins' response, "All right, if not completed, then can it, in fact, be turned over ?" Mr'. Brownell said that we have tried to turn over the operation of the fountains to the Board of Works is over the Plaza authority. The Chair responded that by now, they lost him in the understanding and he still didn't know, "Are they the City's responsi- bility, or are they ours? Because when Ed talked to me the other day, I said it was the City's responsibility." Mr. Brownell said he understood in talking to Mr. Farrand, that the Plaza Authority, which is appointed by the Mayor - -the same as the Board of Works- -had taken control of and were operating the fountains in the Plaza." Mr. Butler replied to Mr. Brownell's comment, "I think the legal responsibility is ours; we have the responsibility under the contract." President Nimtz said, "Well, then I was wrong when I said that to you the other day (speaking to Mr. Soltesz)." Mr. Soltesz said that it is quite all right and that it kind of clears the air. "Then, I am going to ask, "What happened to the $6,000 in chemicals that.was to be used along with a steam cleaning unit that was appropriated by this Commission, awarded to the Board of Public Works, and to the authority of Mr. Slabaugh for the cleaning of these pools ?" Mr. Slabaugh replied that they are in use daily. The chemicals and all, as they cannot all be put in the pools at one time. Mr. Soltesz replied that he is not playing 'Monday morning quarterback' with this thing, because of the fact that, "I told'you so.' I have been standing before this Commission and before.these meetings many times talk- ing about these pools. Now, I received the last phone call on the pools not operating and the way that they look. We spent quite a bit of money on the pool by Jefferson Boulevard that has the black stones. I don't know whether they came from'the Hudson Bay area, or where they came from, but the people that designed these pools., 'it was 'a thing of novelty!' Now the pool in itself is not ' black' - -it's gray.' Here's the stone I - 24 - 6. NEWIBUSINESS (Cont'd am talking about. This is from,the.pool;.they'are falling off, and, consequently, in conversation with'Mr. Brownell, and I'have been on this thing too; he was informed that the Epoxy that they used has to be adjusted. This is all well and good; but you don't take any- thing like this on the mechanical'side of it and'have_ people in your employ: beat on i,t and knock it off either. Now receiving these com- ments, I•came down early one morning and ,I took one'of these stones home- =and Mrs. Janet Al °ten 'has one also. I-took the thing home, and there isn't.a lady in this community that can't clean the pools, and, do you know what I used ?` I used 'Sno= Bowl''`and in :three seconds the stone was clean. There isn't a lady who maintains her -own house- hold who can't clean these pools. Now here we are ... with a pool that isn't clean: We've got $6,000 plus expenditures and a steam cleaner, and the pools are still not clean. The pool was running out there and there are sediments on the bottom of the pool; it was still there when the pool was turned on. "I spoke to Mr. Colip; I spoke to everybody in the city that had something to do with the pools, including Mr. Farrand. Now, I am told that the area of controversy is just about over, that the pools are going to be running. I am glad to hear this. But, yet the cleaning, as Mr. Colip states, is the basic fundamental. The lights that are now in the pool do not have the: humus brilliance. The lighting effect on Pool E - -by Jefferson Boulevard -=the lighting is so corroded with the same items as the stone you see here (displaying one of the stones from the pool), that we have all of this expertise in this community (and I think we ought to have the ladies of this community come down and clean the pools. Now if any one of these pools would sit in any of the ladies' living rooms, I am sure they would be clean, and not at a cost that we are paying). But here, we have all the expertise of engineers, employees, and everything else, and we can't get the 'damn job' done. Now it is just that simple:" "From the time of having a motor to be replaced,to the time of $2,600.00, is a lot of time, and it's a LOT OF MONEY! Now, who is oing to pay this $2,600.00; is this going to be the warranty of the 8,000 that is still there on the pool; or is it something that is going to come out of the Redevelopment Commission's money NOW, or is it from the Board of Public Works and Safety? This is the only question I stand to raise!" President Nimtz asked Commission Legal Counsel what the status of this contract is and what is holding up the completion? Mr. Butler said, "The contract has never been certified as completed by this Commission. We still have a responsibility as the owner under the contract provisions. We do have a maintenance bond, and, of course, a contractual guarantee, because a maintenance bond is designated to cover it. The question, as I understand it, is: Whose responsibility was,., what was the cause of the problem whose responsibility was that cause? As I undertood Bill S1abaugh- -Bill, when you were explaining ity I believe you are saying that it was not the contractor's fault. 'Th1s occurred after. Is this our fault - -I say 'ours' collectively--the Engineering Department; Redevelopment Department ?" - 25 - 6. NEW BUSINESS (Cont'd) Mr. Slabaugh answered Legal Counsel, "It was everybody's fault. The Advisory Board, during their Christmas tree decorations...." Mr. Soltesz was requesting the President's attention, and he asked Ed Soltesz to wait, as Mr.. Wilcox is shaking his head, and saying 'No'.to that. Mr. Wilcox said he wants'to defer answering that to Soltesz, and the Chair gave Mr Soltesz''permissi'on to speak. Mr. Soltesz's comment, "Mr. Colip suggested - -Mr. Charles Colip suggested - -in that letter that you (directed to Bill S1abaugh') have, and in conversation to it and in addressing to that, that covers could be utilized of some type to cover those pools. Now, the cover that was used on that pool was negative; it was constructed:: Insofar as covers on those pools, 'yes,'they should be there, to negate the fact of throwing things in it." "My comments as to the pools by the old post office--with the open grates - -many people that have walked through 'there `have caught their heels on it, and we are liable for suet in the City-- TODAY -- because of the open gratings that are on it. (Commissioner Wiggins agreed). There have been suggestions made on this, and it has NOT been followed through with EITHER: Mr. Wilcox has made this pre- sentation; it has been brought beofre the Board HERE, and at the ADVISORY COMMITTEE MEETINGS AT THE RIVER BEND PLAZA, AS TO WHAT HAS TO BE DONE: THIS HAS NOT BEEN IMPROVED UPON AT ALL:" "The point here, Gentlemen, is this: We have people that are in charge of the maintenance of these pools NOW, that are not aware of the job and the responsibility they. have in maintaining them. This is what it amounts to. To the tune of money- -yes, we have the money to pay for these things - -but, surely, somewhere along the line, there should be a brochure out to give to people that are in charge, to maintain those items that we have to supplement with 'M 0 N E Y S' -- moneys:" The Chair, at this point entertained a motion that this matter be referred to Legal Counsel for discussion with the Board of Public Works and Safety, the City Engineering Department, and report back at the May 23rd meeting. Also with Colip's. Commissioner Chenney said, "I thought Kevin Butler just said that it is our responsibility: Now, listen, this here...I want to speak on this: This has nothing to do with ...Colip Brothers installed it in the first place, didn't they? According to the engineers' specifications? "Yes, sir," was Mr. Slabaugh's reply -- "Yes, it was according to the plans and specifications." Commissioner Chenney asked, "And we found out that it didn't work, that moisture gets in there--the water gets in there." Mr. Soltesz said, "It was a neglect. with Mr. Chenney stating, "That's all right; THAT'S not Colip's fault!" Mr. Soltesz answered, "That's right; You are absolutely right'" Mr. 'Chenney said, "and now that you got Colip to go ahead and try to fix it, and he recommended what we do, and now you don't'want`to pay him, right? Mr. Chenney said he makes that recommendation right now that Colip be paid; he is not going to turn it over for the future. - 26 - e. IBUSINESS (Cont'd) Mr. Kevin J. Butler said, "I think that Mr.'Soltesz's point here is that in the future we will have to.get a handle on these pools, because they are 'DAMN' costly.::'.They are too costly to operate and maintain." Commissioner Wiggins said, "We want to.be sure that we don't continue to:make the''same boo- boo's' and pay the same price over and over again. I don't think that anyone can quarrel with that. The Chair requested a motion for the payment for this work that has been done. Mr. Chenney made'the motion that this bill be allowed and paid to Colip's (The bill has not been submitted; the amount quoted by Mr. Slabaugh i's: $2,600.00). Motion was seconded by Mr. Wiggins and carried.` The response to the Chair's, "Any further questions ? ", Mr. Gene Evans stated he was curious as to why this was not pre - sented as a Change Order to the Contract, since it is an active contract. Mr. Wiggins said it is not a change order it is for additional work that was not in the specifications. Mr. Chenney said it was installed according to the original specifications and we found out that it didn't work, that moisture got in there and it shorted out. Mr. 'Brownell said, "I don't believe it is any part of the contract. Mr. Evans then asked, "It is out of the funds that would normally pay for the contracts? Commissioners Chenney and Wiggins replied, "No. Mr. Wiggins said this is actually maintenance to a degree in that they had to undue the water damage. The Chair said the motion is that this be allowed and ordered to be paid and with no further discussions, the motion is made and carried. Mr. Slabaugh requested from the Chair he be permitted to answer to one point. "The material that Mr. Soltesz used, I did the same things. I used hydrochloric acid; he used hydrochloric acid; and it snowballed. 15% hydrogen chloride - -it's hydrochloric acid; muriatic. acid. Muriati,c acid eats up..." At this point, Mr. Soltesz interrupted!Mr. Slabaugh, and said, "That's not right:: Hydrochloric is not muriatic acid, Mr. Slabaugh, just for the clarification of the records." Mr. Slabaugh's response was, "Well, according to a little 'geology book' that I have; it is. Muriatic acid is a common name and hydrochloric acid is specific. At any rate, we used this material that you are using, and if it seeps down on the concrete, it is going to eat the concrete out." Some asked, "They do ?" and Mr. Slabaugh answered, "Yes." Change Order No. 1 to Rehabilitation Contract No. 10, E -7: Commis- sion approval was requested of Change Order No. 1 to the Rehabi- litation Contract No. 10, for an increase in contract amount of $887.00, with Ted Combs Decoratin— g & Construction Company, for ork a wt 613 East Keasey Street, Project E' -7, Bureau of Hous- ing, for an amended contract total of: $5,377:40, and no time change. - 27 - CHANGE ORDER 1 TO CON- TRACT 10 APPROVED, E -7 6. NEW BUSINESS (Cont'd) Mr. Brownell read the additions': Replace waste lines to the kitchen sink. Replace P-- trap. Install continuous vent or Quik -vent. Repair any damage to walls, floors and ceilings, Item No. 2: Replace waste lines to lavatory in the'bathroom. Replace P -trap, install continuous vent or Quik= vent to meet the code requirements. Repair any damage to walls, floors, and ceilings. Item No. 3: Install all waste and vent piping according to the South Bend plumbing code, 'connect all joints in a workmanlike manner. Mr. Brownell said this damage was not visible until they got into the rehabilitation work, so we have an extra to the con- tract of $887.00. Mr. Keitt; Crighton, Director of the Bureau of Housing, E -7 Program, said this is indicative of the type of things we,run into with the rehabilitation programs. Many of the items are not visible on inspection and we just have to kind of gamble on it until we actually get into the work. Mrs. Janet S. Allen said, "My question is, as the Council has to approve anything over $5,000 and when you change a contract from $4,490 to $5,377 does it not have to go back to the Council for approval ?" Mr. Brownell said he does not think that it does. Mr. Crighton said it does not. If it is in the original contract it is. If we receive the original bid in excess of $5 ;000.00,: then we have to go before the Council for approval; if the ori- ginal contract is less, we do not go before the Council. As far as a change order exceeding the $5,000 amount, we do not need to go before the Council. The Chair asked our Legal Counsel if he concurs with that? Mr. Kevin J. Butler: said to Mr. Crighton that we should check into this. The Commission here can approve it, and if it has to go to the Council, we will take it to the Council. Commissioner Wiggins said he concurs and feels this is a good question and it should be checked. Motion was made by Mr. Wiggins for the approval of Change Order No. 1 to Rehabilitation Contract No. 10, for an increase in contract amount of $887.00, with Ted Combs Decorating & Construc- tion Company, for an amended contract total of: $5,377.40, and no time change, and this be subject to Legal Counsel approval and also Legal Counsel to check if it also requires City Council approval. Motion seconded by Mr. Chenney and carried. f. Change Order No. 1 to Rehabilitation Contract No. 32, E -7: Commission approval was requested of Change,Order No. 1 to the Rehabilitation Contract No. 32, for an increase in con- tract amount of $160.50 with Newton Contractors, for work at 713 East K -asey Street, Project E -7, Bureau of Housing, for an amended contract total of: $3,925. 50, and no time change. Motion for approval of above Change Order was made by Mr. Wiggins, seconded by Mr. Donaldson and carried. CHANGE ORDER 1 TO CONTRACT 32 APPROVED, E -7 6. NEW BUSINESS (Cont'd) 7. g. Change Order No. 1:to Rehabil:i.tation Contract with Roseland Con- CHANGE str.ucti.on Co., Inc.', for an increase in contract amount of ORDER NO. 19 $622. <74, for work at 301 Soutt owa Street, in the LaSalle Park R -57 PROJECT Urnn Renewal Project, Indiana 'R -57, for an amended contract APPROVED total of; $3;865:74. This covers work requested by the contractor for additional work: 1) Install 1/4" underlayment and vinyl asbestos tide in the den area; and 2) Install new exterior solid cone flush birch door style 303 (3 -stage lite) Motion for approval of above Change Order was made by Mr. Wiggins, seconded by Mr. Chenney and carried. h. Change Order No. 1: to Rehabilitation Contract with Roseland Con- CHANGE struction Co., Inc., for a decrease in contract amount of '$120.00, ORDER NO. 1, for work at 305 South Iowa �t_re T; in the LaSalle Park Urban R -57 PROJECT Renewal Project, Indiana R -57, for an amended contract total APPROVED of: $3;894:00. This covers work change which results in a decrease of the contract. The change is to shore up the rear steps in lieu of replacement as proposed in the original contract. Motion for approval of above Change Order was made by Mr. Wiggins, seconded by Mr. Chenney and.carried. S REPORTS a. River Bend Plaza Schedule of Activities, R -66: The Chair RIVER BEND said to Mr. Louis N. Wilcox, Director of the River Bend Plaza PLAZA REPORT Office, that he sees by the newspaper that we are going to have an aviation display, and he is calling on him for his re- port other than what he has reported previously. Mr. Wilcox said, "I think the only thing I would like to say, Mr. Nimtz, seeing that the audience is a little more 'diverse' today than usual, that the River Bend Plaza Advisory Committee meets every Tuesday, at 1:30 E.S.T., in the River Bend Plaza Office, at 112 South Michigan Street, and there are many, many items of important discussion that concerns all of us in South Bend, and I would like, publicly, to ask that anyone who cares to come to those meetings, to.please.do so. As far as the schedule is concerned, Mr. Nimtz, the Commission has been given a schedule which has been elaborated on to some degree, but not sufficient to warrant a new schedule. - 29 - 7. PR0 RESS REPORTS (Con V d) b. Staff Reports 1) Acquisition Status Report: Mr. William J.'Parrish, Real Estate Officer, submitted a written report on the follow - projects: R -57: Remains the same--one remaining to be acquired. 382 Parcels purchased, 18 Condemnation Cases, totalling 400. R -66: Three (3) remains to be acquired. 228 Parcels purchased,.) Condemnation Case, totalling 229. Merry Avenue: Purchases completed. 40 Parcels purchased, 2 Condemnation Cases, totalling 42. NDP A -10: All parcels acquired. MN #1: 34 Parcels purchased, 1 Condemnation Case, totalling 35. SE #1: 62 Parcels purchased, 8 Condemnation Cases, totalling 70. - 2) E -6 Model Neighborhood Code Enforcement Project: Mr. John Davis, Project Director of the E -6 Program, in written report, advised work is continuing in the E -6 Code Enforcement Area. Two contractors are engaged in physical rehabilitation. Bids were received for Rehabilitation Contracts 16 and 17 on April 14 and 28, respectively. ACQUISITION STATUS REPORT, R -57, R -66, MERRY AVENUE, & A -10 There have been a total of five final inspections and seven initial inspections fcr the month. 3) Relocation Progress Report: The Relocation Staff submitted a written report, for the month of April, 1975: NDP A -105 SE #1: Workload seven- -three families, four individuals. R -57: Workload one individual and that house is in con - demnation. Model Cities Extended Services: Worklaad is four families. ............... City Wide: Workload is six families. Status remains the same as prior report. Orange - Colfax Connector: Waiting for approval to begin relocating residents. Michigan Main Connector: Status remains the same. E -7 NDP: Workload three families. - 30 - RELOCATION PROGRESS REPORT 8. FED RAL AVIATION ADMINISTRATION: Mr. Brownell advised that we have been negotiating with Mr.Garwood Judah, A.A E., Airport Director, Michiana Regional Airport of the St. Joseph County Airport Authority, in using, our staff for acquisition and relocation work for the Airport Authority: We have not reached a conclusion yet on the way that can be handled. We are in negotiation. rt "is. recommended to them by the Federal Government that they `use our staff, rather than go out and acquire staff and train them, and the expense involved in training their staff, when we already have trained relocation people. Com issioner Wiggins said we served as contractors for Model Cities and Cit -Wide. Mr. Brownell said we want to work out a contract that would be fair to bot agencies. 9. DOW TOWN REDEVELOPMENT Mr. Kevin J. Butler, Commission Legal Counsel, gave the following report per aining to the renewal of the Downtown area. Qui a obviously, the disposition and redevelopment in the downtown area is ne of the key matters that-the City faces, and it is the key matter fac ng the Commission. I think there has been some confusion generated wit in the last couple of weeks with the change in the scope of the pro ect, and the change in the prospective developer. It think it is fmp rtant that I try to cover the various areas where the confusions hav come up. It'c very important, for the success of the renewal of the downtown area, thal the attitude generally in the community be positive. I think right now there is a tendency towards a negative attitude -- perhaps a feeling of kepticism- -that I think we are all going to have to overcome. Speci- fic lly, there have been some comments relative to the Commission's involve - men in the proposal of Associates and now of the River Bend Development gro p (name of the joint venture), to the effect that the Commission is in- vol ed in a bail -out project -- trying to bail out Mike Carmichael or Associates. Well, first of all, I doubt that Mike Carmichael; or Associates, need any hell from.the Commission. They can stand on their own feet. I think it is ver3 important that we understand the Commission is NOT involved in any such act vity. The Commissioners are concerned, and I think the Commissioners who have been serving over the past three.(3) years that `I have been serving the Commission -- including the four (4) members here today, plus Mr. Wade, Mr. Helmen, and Reverend Williams- -have done an admirable job, and, as we all understand, at no pay. They have put in a lot of time to try to get the various renewal projects completed, and completed' successfully: It is very imp rtant I think,that we all be behind the members of the Commission. Thi isn't to say that the Commission.does not want any criticism,,or that the Commission wants sympathy, or even praise, but I'd like to say - -not as member of the Commission, but as a member of the staff - -that the Com- mis ion does n:eedsupport; they need cooperation; and they need input. They nee the kind of questions that were asked at the April 29th meeting, and - 31 - DOWN60 REDEVELOPMENT (Cont'd) the <ind of questions that, I am sure, will be asked today and in the future. Thos2 questions; °'if not asked, might not be`asked by us here. We 'need total comminity input. First of all, with respect to the clarification of the Associates bid situa- tion and the bid security,' commonly referred to as a-.Letter 'of Credit, .I would like to explain the procedure briefly. There has been a general misunder- standing about this. First of all, the Commission could not, at any time, during thE:'past.two years and a couple of months since the Associates' bid was submitted execute on a Letter of Credit A Letter of Credit "'is an excel- lent security as a bid security. A bid security is required to be submitted with any bid, but it is not enforceable or collectible until the Commission awards or approves the bid; in this case, until they approved or awarded the bid to Associates. The Commission, at no time, could have made an award of that bid, because Associates had not finalized its plans. As a matter of fact, very shortly after they submitted the initial bid, they indicated quite clearly, and publicly, that the concept of their development was chang- ing, and so the Commission could not act upon that Letter of Credit, simply because the Commission never had awarded the bid, and could not have awarded the bid. At the same time, another area of misunderstanding, is that Associ- ates has never had a 'hold' on the property. The Commission has never granted an option to Associates. Associates, as well as the Commission and many other people, have been very aware of this. Associates has, at times, even exp essed some concern during the past two years and a couple of months con - cer ing the investments that they have made in the planning which has exceeded a Q arter Million Doll ars,preci`sely because they did not have an option on the property. With respect to the disposition procedure, and I know that some of you here are very aware of that -- Allen Schrager, you have been involved in this in a couple of your projects - -so I ask those of you who are aware of the pro - ced res to bear with me, but, I think, that this is .really the basis of the mis nderstanding.' The public, and perhaps the Press to a certain degree, do not understand fully the disposition procedures, and I feel, therefore, that we hould explain those procedures now in some detail. Mr. Dan Caesar, reporter for WSBT -TV, refuted the Counsellor's statement and rep ied: "Excuse me, sir. But, I did ask you last week and publicly you refused to-make any public statement. It is the criticism that you are laying on the Press." Mr. Butler acknowledged that Mr. Caesar did question him in he Special Commission meeting of April 29, but stated that his intent is pecifically not to criticize the Press, but what he is simply saying is tha there is a misunderstanding, ard that is why he now wants to run through the procedures, so that we a1T' understand how the disposition works. Mr. Butler, in outlining the program, continued and stated that everything has been laid out. Basically, we I have been doing our job here. The Com- mission is trying to dispose of property.in the downtown area, and I guess we have just assumed that everyone knows what our procedures and our require - men s are, but it became clear to me, in.the'Commission Special Meeting of the 29th, that those procedures aren't really that well understood. 32 9. DOWNTOWN REDEVELOPMENT (Cont'd First of all, a prospective redevelopE,r`of property in a. given renewal pro ect expresses interest to the Redevelopment.Commission. For example, we had interest expressed when we. received the letter this morning_.on Block 6, which is for the proposed development of Block 6. The next step theri is for the Commission and staff to explain to the prospective developers if they need such explanations, the various procedures and requirements for the disposition. Under the HUD requirements and state statutes, then the prospective redeveloper puts together its development plans.`' When the plans are basically fin<<lized; they are discussed with the Depart- ment of Redevelopment staff, and,, in some cases, with the Commission. All the land in a renewal area is designated for specific use. If the prospec- tiv redeveloper plans require a land -use change, then the Commission will consider that, and, if they approve it, or concur with it, then they will submit the proposed land -use change. A public hearing must come before the Commission first for public acceptance and /or remonstrance;' then the proposed land -use change must be submitted to the Area Plan Commission for approval; then to the South Bend Common Council; and finally to MACOG for their acceptance or rejection. This procedure generally takes between 30 to 60 days, depending upon when the various meetings are scheduled. If the land -use change is approved by the various bodies, then we obtain a re- use appraisal on the property, and that is another 15 to 30 days, and then we submit the information relative to the land -use change and the reuse appraisal to HUD by Proclaimer. The Commission will then authorize bidding and the notice is published. The prospective developer who triggered the bidding, and other developers who are interested, will submit bids and accompanying those bids are the Indiana 96 -A forms, which, in effect, are financial statements. They will submit a non- collussion affidavit, and other documents including the bid security, and again in Associates' case it was a L tter of Credit. I think, in Allen Schrager's case, in a couple of in- stances, a Letter of Credit was used as the bid security. Other alternatives are bid bond through an insurance company, or cash bond. The Commission then 'receives' the bid. They submit the 96 -A form to HUD and they submit the bid proposals to staff for review and recommendation. If HUD approves the prospective redevelopers, those who submitted bids, the staff then completes their review and will make a recommendation to the Commission. The Commission then acts on the recommendation, approving or awarding the bid to a single bidder, or rejecting all bids if they feel that none of the bids are appro- pri te. Now, with respect to the Associates' situation specifically, again; the staff never actually made a: recommendation to the Commission, basically because the planned redevelopment by Associates was changed. The concept was changed, almost immediately, and so the Commission never acted upon it. Some of the items that mitigated against awarding or approving the Associates bid was their interest in acquiring Parcel No. 4 -66; which is jus to the east of the Odd Fellows Building, and the service alley to the the east of that, and another service alley west of ''the hole." Whei the nex, the bid is awarded, at that.point, the bid bond becomes binding and edevelopE,r can't back out without forfeiting that security. The steps, basically, are the execution of the contract for private re- - 33 - 9. DOW TOWN REDEVELOPMENT (Cont`d development, and that specifies the project and the timing on the conveyance of the property, along with the commencement and the completion dates of the project. Along with that then is submitted a'Performance Bond, and, of ourse;`at that point, the.Performance Bond takes the place of the Bid Bond. Then the deeding of the property,, the actual physical redevelopment of the property, and then when that°is completed, the Certificate of Completion. If it' is not completed properly, then, of course, the Perfor- mance Bond is the only guarantee that we have'at that point. Bas cally, the reason that the question concerning the Associates' Letter of Credit was not answered as directly perhaps as it might have been at the last meeting,: was because I didn't understand, or didn't appreciate the fact that there was a misunderstanding concerning this. I subsequently did talk to Dan Caesar, and to Jeanne Derbeck. When I`was talking with Dan Caesar immediately after the meeting,. then it became very clear to me the a was a misunderstanding. Jeanne Derbeck called the next day and I talked wit her. Add tionally, I had intended when we met the next day with the representatives of Associates and of the River Bend Development group to make a recommendation that there be no assignment of Associates' bid and that there be no new Letter of Credit coming from the new developer -- the.joint venturer- -and the reasoning for that was because I think we are at a point now where we really are looking at an ntirely new plan - -a new concept- -and we are going to have to, at the appro- pri to time, rebid this property. The next point I would like to make, covers my basic recommendation to the Commission. First of all in regard to the appraisal of the proposed plan of the developer, I think it is a good plan. I think a lot of work has already been done by Associates and by Hal Imus, who is one of the new persons in the Joint venture. The Development Commission is not a developer. This has been a problem, I think, with many developments in downtown areas throughout the country. We don't have the specific expertise. We don't have developers on the staff and it is 'damn' expensive to pay developers. I think that theoreti- cally, at least, a large development like this which will redevelop a signifi- can portion, or area, of the downtown, as well as the Block 6 type of re- dev lopment, is the most appropriate, if, in fact, we can get something going. The River Bend Development. group, in my meetings with the individuals, is, I thi k, an excellent team - -an action team - -and I think we are going to see and hea something. They are going to be acting and moving quickly. In 3oing back to the original Associates' proposal, I recall that that pro- posal called for the start of their actual physical redevelopment by the end of the third year. It was submitted in February, 1973, and I.think that the stage at which the River Bend' Development group takes plans over is t such an advanced stage with respect to the development and marketing tha three -year period is still "a very."possible" goal. I think that the Com issioners should cooperate fully with this group= -with the Joint Venturer- - wit view to an early submission of a proposal and with the understanding tha when they are ready with their plans, that it is going to have to be re- bid - 34 - 9. DOW TOWN UR DEVELOPMENT`(Cont'd) At he same time, the Commission-should encourage and consider other qualified redevelopers who present serious and significant developments for that Block 4, and the same is true for Block 6. I think you should encourage al`1`comers -- anyone who has a serious development project'. Again, there has been no option; Associates has had no option in the past, and 'I. don't be1i`eve the joint venturer shotild be given an option now. I believe the Commission has', in the past, listened to prospective developers in all of the: various renewal projects. There has been no discouragement in any respect of prospective redevelopers, and I thirik the same attitude should and will carry with respect to the Block 4 and Block 6 proposals. I can't speak, of course, for the River Bend.Development group, but from our conversations with them, I am confident that they'don't want to tie up that property down there. They are not asking to have a limit on com- petition, or to limit input from the public, or to limit other developers to get involved. It was said to us during our discussions that they were sorry - -the dev topers were basically the First Bank. Their people'were sorry that they wer not able to seek specific input form the various interest groups who are inv (lved in this matter, spec;fically the downtown retailers, but they got in- vol ed in discussions with Associates three weeks before the magic May l date- - before that Letter of Credit was to have expired - -and with that they simply, on tehalf of the First Bank, were involved in the discussions and then the negotiations with Associates. They simply did not have the time, but they are goi g to, and I think in this coming week they are beginning their discussions wit the various interested groups in the community. I t ink, in very brief conclusion: Again, we do need a very positive, confident, coo erative atmosphere within the community, and attitude within the community, if we are to get this thing off the ground. Again, criticism, as well as questions, as well as information, from anyone who has it, has to be welcomed- -has been welcomed in the past -- and is welcome now. It is a very difficult and complex matter that the redevelopment of downtown has seer problems all over the country. I personal) *ly am confident that we can get this downtown redevelopment in a very successful manner, whether it is the Fir t Bank, or whether it is some other developer we don't know about now that com s forward. And with respect to Block 6, whether it is from people whom we heard from this mor ing, or some other developer, I think with that type of approach, things are going to continue to happen. We have a problem with the economy now, and we have to recognize that and realize that must mean additional effort and additional cooperation. In conclusion of the above report, Presisent Nimtz thanked the Commission Legal Counsel, Mr. Kevin J. Butler. The President reported that he and Mr. Brownell had "a very friendly meeting with Mr. Schrager and Mr. Herman Glaser, and also a very friendly meeting with Mr. Doyle and Mr. Ray Braden, the Manager of the Odd Fellows Building." The meni hair then called on Mr. Allen E. Schrager, a partner in the City Develop - Company, who reported: - 35 - • r� Mr. and no c pro[ that OWN'REDEVELOPMENT'(Cont'd) I would like to say f`irst`of ".all, 'I agree with Mr. Butler that the Commission has done a very.good job, and that we do need to co- ope,rate to get this job done. We sort of find ourselves in the middle of the lake, and you can't swim, and which way do'you want to go-- where you started from, or try to complete this. Now, I am not trying to be negative, but my only objection is that when Associates presented their proposal`, and the staff knew it did not meet.HUD requirements, T feel on a timely basis, this proposal should have been 'rejected, because, in effect, when you don't accept a bid, and when you don't reject a bid, you're placing a cloud on that property. Now, I am not being negative. I wish these people a lot of success because we owe them 'a lot of money, and we want to see this thing go, but let's' not make the same mistakes again. Let's not get in here and tie this property up and close the door for everyone else. Our only interest, and we have made which you know a very sub- stantial investment in downtown South Bend, is that just get this thing rolling. I am not knocking anyone. Let's al. 1 work together, and in order to work together, you have to have lines of communications. Now, at least the First Bank, I think, has shown good faith, because they are setting up a series of meetings to start tell- ing the people what they plan to do. But I do request of this Commission that you do not make any verbal or written commit- ments to this group that is not made public, and I know that you will be fair and that you won't do it. Butler responded: "I think I can guarantee, on both behalf of Wayne myself that we have not made any commitments, and they are aware that ommitments can be or will be made. There is no way to option that ierty to them. They are, at this point, a prospective redeveloper of property." Commissioner Wiggins said he wanted "to raise one thing because I am sure Allen did not intend it that way, but the fact, as you stated, it would lend at least some 'credence to the possibility that there were such secret agreements with the Associates group, and there were no such agreements." Mr. Schrager said he did not mean i.t that way. Mrs Janet S. Allen stated that Mr. Schrager mentions a point that she is trying to make, because in February, 1973 -- according to 'the minutes of February 2,1973--the bid from this group was received, and Mr. Wiggins made the motion the bid from Associates Bancorp., Inc. be received.and for- warded to Legal Counsel and staff for.r.eview and recommendation. Said motion was seconded by Mr. Chenney' and unanimously carried. Mr. Helmen thanked Mr. Van Mele, the Mayor had a great big statement, presented by Dr.'Kromkowski, that covers a full page of the minutes, saying 'the commitment of Associates, one of the nation's leading financial institutions, to the City means that South Bend remains the hub of 'a prospering and growing Michiana area. All of our industries, all of our commercial firms, all of our retail and service enterprises will benefit from this commitment.' In those minutes, Mr. Helmen - 36 - 9. DOWNTOWN REDEVELOPMENT (Cont_d) said that 'The Commission will give prompt consideration to this bid and will proceed with the negotiation far sale of'two adjacent parcels as p rt.of the'total_ construction %proposal of'the Associates and the First Bank & Trust Company.' Further ' Mrs. Allen stated, "in March - -the next month - -in minutes of March 16, 1973, there was a letter-from HUD that said they have reviewed the Redevelopers Statement of Associates Bancorp., Inc., etc., and find no objection to these corporations as redevelopers of the disposition parcels note . Now renderings were presented in April 6, 1973 meeting and noted in t ose minutes. In May 22, meeting, which was a Special Commission Meet ng, you mentioned the joint venture. This is all in 1973: Then it goes on down the line, and then down to August, in minutes of August 3, 1973, a public hearing was held 'in' the City - Council Cham ers on the amendatory urban renewal plan and minor plan changes. Mr. Van Mele made the statement, in Commission minutes of April 6, 1973, 'We aill commence construction on Parcels 4 -31, 4 -32 and North 140 feet of Parcel 4 -1, by.December 31, 1973 of this year, assuming marketability title is transferred and 4 -31 and 4 -32 are completely cleared.' Now then, again and as stated in the Minutes of September 21,1973, Mr. Cha les F. Lennon, Jr., then the Executive Director, said there would be an update of Associates status report. I do not have a copy of the Minutes of May 22, 1973, so I cannot elaborate on it. But I think the point is well taken. For 2 -1/2 years, everyone has been under the impression that the Associates and Gulf and Western had a 'hold' - -a definite hold - -with its Letter of Credit and everything-- that they had a definite hold on this property, and you have not received, nor welcomed, or invited' - -I should say - -bids from anyone else. Now, dur- ing this 2 -1/2 years, if anyone else - -Mr. Glaser and everyone else - -had realized that Associates did not have a binding commitment, we might wel have received many other developers and we might well have had a lot of buildings down there right now. So I think that your point is wel taken that you make it very clear that Associates or the First Bank- - NEI HER ONE- -has a definite commitment for this property you are trying to ispose of, and make it plain that bids for its use of the property are welcome from any developer at this time. Commissioner Wiggins stated: "I think you ought to differentiate between proposals and bids. There is a very distinct difference. We would " welcome any and all proposals, and we have been in this position all along. Mrs Allen responded: You were open for bids and in 2 -1/2 years later, you find no fire action-was taken on that bid, but from all intent they felt that their _bid had been and was accepted on this property.` And, THAT'S IT!" Commissioner Wiggins stated that "Mrs. Allen's comments and the comments of many of the public made here, 'you are correct.' They are aware of the procedure and how it takes place. At the time we had the property up for bids, Associates was the only one that responded, and we had no response of interest from anyone else at that time. We should all be aware- -the =YAM 9. DOWP REDEVELOPMENT (Cont'd) statements made here today - -I have been here from 'day one' and our under- statiding from ten (10) years ago was that it was possible to come up with a new plan, a new schematic out of this material, and remove the old and falling-down buildings, and then we should see them rebuilt, along the dec aratory pattern. This is what we thought would happen. In the feasibility reports, and then in trying to get actual participation ,we found that it is not the way to do it at all. In some approximately 600 cities in the range of 35,000 population and over, in none of these where there substantial changes of this nature- - complete rebuilding- -and I am advised that in terms of downtown projects, more has happened in South Bend, Indiana than in any other place in the United States. This is probably all that we can expect. Our consultants- - our viable people we hired- -the first thing they said that the method we are using in only advertising the parcels locally was not the way to do t. We need to go nationally for developers. The chief things involved if you are going to change this treatment- - if you are going to compete with shopping centers - -you are going to compete on that type of a level, and we have to put it in a package, or it will not go. You will not find people of that type of capital to go into that type of business. You may find people who will prepare and lea ;e it - -and that is what Associates proposed to do. The original int nt was to build a fairly substantial office-type building, bring in i number of employees, in- house population downtown that would enc urnge retail development that would serve its people, if nothing els . South Bend is a center of a large shopping area. The latest survey indicates this is a handy place to shop. Real Estate Research, undoubtedly in a reasonable amount of time, can bri g back depending on transportation, whatever other means are available, and this puts the downtown under a different light and restores, to a deg ee, the sale of the land in the downtown to develop. It takes a sal for it to happen. This will have to happen on a large scale." Legal Counsel, Mr. Butler, said if anything comes out of this part of the meeting--I hope it is the point you made, Mrs. Allen- -which is what I tried to make and I am glad you emphasized it. There is no 'hold' on that pro- perty. For the actions taken in the past, if we need to place thE: fault, I w'll.take the blame myself for that, as Mr. Donaldson just said to me, in n aside, we can't get those two (2) years back. Let's profit on whatever mistakes we have made in the past and not make them in the future. Connissioner Chenney referred to the time when shortly after Associates submitted their proposal and then changed it. Mr. Brownell replied the day the bid was presented and I want to make it clear, that under HUD reg lations, we are not permitted to accept any bid with conditions. This bid had so many things listed as a contingency to their bid that we could not accept it. As to the change, when we met to negotiate with the Associates people, Mr. Van Mele, as one of the representatives, we ointed out to them some of these problems. That brought up the que tion that they had changed their attitude and mind as their architect fro Skidmore & Merrill, and stated for us to have a row of parking for 9'? 9. DOWNTOWN REDEVELOPMENT (Cont'd the garages would be like a fence wall, and it would not be attractive to then. They wanted their shops and parking to be above their commercial stores. Under Indiana law that was not possible, as we cannot combine commercial with parking. We tried to get legislation to get that passed. This has been undertaken and passed by the Indiana Legislature for the par ing. This was initially the change - -this changed thEi land use. Parcel 4 -1 instead of the parking garage would be partly commercial. We would need land use for Parcel 4 -32 and Parcel 4 -31 would have to be bot parking and commercial. Mr. Butler said that any fault lies with us, and we assumed everyone knew the mechanics. Our assumption was erroneous and faulty. Ms. Derbeck, South Bend Tribune Reporter, stated that "I think there has beer some secrecy here. These things should be brought out in public. Com issioner Wiggins advised we have to deal with realistics. Peoples' ideas do change. To which Ms. Derbeck replied that as a result of those discussions they have been calling Associates consistently and were led to telieve the deal would go through. Mr. Brownell stated negotiations are not public negotiations; negotiations must be private. Com issioner Wiggins emphasized that in terms of development, there has to e a lot of variables; it is too complex not to. We all have to rec gnize that this is the type of things we have to deal with. Mr. Dan Caesar said that he has attended a lot of these meetings, and thal Mr. Schrager said a while back that HUD rejected the proposal. Mr. Schrager's response was that he didn't say that, and Mr. Caesar sta ted to refer to his remarks written down (leafing through pages), and the comment is '...that the staff was aware that it would not meet HUD requirements.' President Nimtz said he wanted to compliment Kevin Butler and Wayne Brownell in what they are doing and that he has great hope and trust in toth of them - -for the future of both Blocks 4 and 6, and that he wants to enlarge on this that it will take TRUST, CONFIDENCE, AND BELIEVING IN THE FUTURE! To which Mr. Butler added: "And questions and criticisms when you have it." Ms. Derbeck said that it should be stressed that the Commission should be ore open. Mr. Butler said his legal advice is that a new Letter of Credit not be obtained and the bid not be assigned, and that we simply consider the Riv r Bend Development group as prospective, interested developers for the Block 4 area. Mr. John R. Kagel, Executive Director of the Downtown South Bend Council, stated: "As a member of the public, all I can say is that you people- - again I pointed this out once before - -I think you are doing a great job, and you have our vote of confidence. A lot of people are involved in this. You are shouldering a lot of confidence and criticism, and °I wanted to ex- ten the compliment in what you are doing. - 39 - 9. DOWNTOWN REDEVELOPMENT (Cont'd Mr. Caesar asked if this entire area of land is going as a block bid, or as an individual bid? Mr.`Brownell's reply was that there is no bid We still have individual areas. Commissioner Wiggins replied, "I think, Dan, we need to be aware that success involves a large scale of onfidence." Mr. Caesar again asked, "But it is not as an individual..." Com issioner Wiggins' reply was, "at this time, it is not." President Nim z also added that this would have to be considered at the time. That the advice we received from our national consultants is that the bigger the project, the better the success. Mrs. Allen replied, "That is what we did 2 -1/2 years ago." The President stated that no one was awa a this would happen; no one anticipated the problems with the national economy. 10. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission will be at 10:00 NEXT a.m., Friday, May 23, 1975, in the Office of the Department of Re- COMMISSION dev lopment. This meeting will be a special meeting in lieu of the MEETING, regularly-scheduled meeting of May 16, 1975. 5 -23 -75 11. ADJOURNMENT The Chair said as we no longer have a quorum present, we will adjourn ADJOURNMENT the meeting, and the motion was duly made to adjourn by Commissioner Wig ins, at 12:18 p.m. L;. way owneii, i (SEAL) ecutive - 40 - . - DANIEL R. LAWSON. P.E. JOHN E. FISHER, P.E. GERALD E. KINYON, P.E LAWSON ASSOCIATES PROFESSIONAL ENGINEERS 101 I M S BUILDING * SOUTH BEND, IND. 46601 PH: (219) 234 -316' April 28, 1975 Mr. Wayne Brownell, Executive Director Department of Redevelopment City of South Bend 1200 County -City Building South Bend, Indiana 46601 Dean Mr. Brownell: -,r ,x L'10L u...U_U� Re: Plaza Park Project: Contracts 1 and 3 � �D After examining the bids which were opened in your office April 11, 1975 for construction of the electrical work and general work ; contracts on Plaza Park, we have the following observations and . recommendations: The low bidder on Contract No. 1 was Nautilus Construction, Inc. of Elkhart, Indiana. This is a small construction firm which has only recently become incorporated. We have made efforts to establish the. capability of this company to perform the work required in Contract No. 1. We I ave interviewed a number of owners of projects for which Nautilus Construction performed the construction, and we have talked with two engi eers involved as consultants on projects which Nautilus Construction has oerformed. Based on these conversations, we feel that with adequate supervision, Nautilus Construction is capable of performing satisfactorily the Nvork involved in Contract No. 1 and would recommend that this contract be awarded to Nautilus. Jr'' The low bidder for Contract No. 3 with the base bid combined with the first priority Alternate 'B' is Colip Brothers, Inc, of South Bend, Indi na. This is a well established electrical contractor, and we recommend that lContract No. 3 be awarded to them. ' The project which we recommend to fit within your budget is indi ated on the attached exhibit entitled Project Combination 'D` . It is Mr. Wayne Brownell April 28, 1975 Paqe 2. our judgment that this combination will provide the best combination of items for the money available and give you the most desirable park in line with the original intents and guidelines of the Redevelopment Commission. Please note also that a contingency fund for the project, in e cess of $10,000, is included, and that this amount is agreeable to the 3outh Bend Bureau of Construction which will administer and inspect the onstruction of this project. Lawson Associates will be available to discuss these recommenda- tion with you at any time. Please feel free to call upon us if you have que Lions or would like additional information or explanations. DRL: Encl of Very truly yours, LAWSON ASSOCIATES aniel R. Lawson, P..E. T Distribution: Red velopment Commissioners Kevin J. Butler Mr. Brownell Original - file EE21f ct Combination 'D' Base Contract 1 (Nautilus) Base Contract 2 (Foegley) Base Contract 3 (Colip) Total of Base Contracts Alternate B Contract 1 21,462.00 Alternates A $267,924.55 3.9% C 10,436.95 H J Exclu es.: Modules 'B', 'D', 'E', K Brick at Bridge Plaza, N and Bridge Lighting. P ngency Priorities Q (If. c )ntingency not used, perform work in following S 1. contract 1 Alternate 'D' T 2. U PLAZA PARK 627.00 871.00 777.00 2,716.00 1,236.50 17,929.00 8,450.00 4,000.00 875.00 2,000.00 -( 1,725.00) $171,349.50 26,323.75 10,932.80 $208,606.05 37,856.50 37,856.50 $246,462.55 Contract 3 Alternate B 21,462.00 $267,924.55 3.9% Contingency*- 10,436.95 Total $278,361.50 Exclu es.: Modules 'B', 'D', 'E', 'F', 'G', and 'AA, Brick at Bridge Plaza, at Entrance Plaza, and Bridge Lighting. *Con ngency Priorities (If. c )ntingency not used, perform work in following order) 1. contract 1 Alternate 'D' 5,191.00 2. Contract 1 Alternate 'L' 4,032.50 DisC'USSion,., to-Continue 6nKGza Stape By JEANNE Trion s DERBECH ! tt writer "" The commissioners came to have four rows of built -in seat- Commissioner John Chen - The vision full - no decision but agreed the dis- cussion would continue at their ing fanning out in a semi - circle ney said he was concerned ny orchestra pe performing-on p hydraulically-lifted forming e a stage on next meeting on June 6. ` in the street. The plan seemed to present some problems for - about the merchants and said whatever was done should River River Bend Plaza d Pl looked excit� , The hydraulically- lifted . stage was one of three ideas movement of fire equipment in •� help them. He said he did. not ing to some persons at the proposed for, continuing con - of emergency, but Oes• believe that shows performed Redevelopmen Commtssio'n, siruction of River Bend Plaza teriing said a fire truck would so far on River Bend Plaza meeting today. between Jefferson and be able to get through by driv- have resulted in any more Others at the commission's ington :.. ;Wash- _' ing across the stage under ti business for the merchants. public hearing expressed nerv- The cost of construction canopy above the stage. •The Nautilus Construction of about he cost and would be somewhere between third plan was for a Elkhart was awarded the con- possible possible maint lems of the inn nance rob p vative stage - $770,000 and $1.4, million, de- plaza area with a pool, and p p tract for major construction of Plaza Park for its low base bid in- the - street. . pending on the number of stage levels and other details, greenery in the style of the Plaza already completed. The of $171,349.50 plus $37,856 for After considerable sion, Commissi discus- ner Donald 'according to tom oesterlin of g 'cost was estimated at between $460,000 and $550,000. alternates added to construc- tiom Nautilus also received summed up his opin- the hickey Co. the contract for dredging un- ion: ion: "There would be a major Edward Soltesz, Who first der the Colfax, Bride and g "We have to ear in mind problem, with the electrical suggested the hydraulically- gg Y y, ; protection of the slope for its that such an expense item cer• ;,duct wok which would require lift stage, said Oesterling's es; base bid of $40,000 plus $6,620 tainly would hav to-be com- relocation, he said timates were much too high. for an alternate added. patible with the ind of use It ' A second ro osai for a st . p p a ` He said the stage could be built for The electrical contract for would have. If this project tionary stage at sidewalk level ` $37,000, but refused to Plaza Park went to Colip ;gets to be a really involved, on the t west side of. the ' street> say who had drawn up the Brothers Electric Co. for expensive kind of is operation, it would cost between $442,00 and estimate. He would only said the estimate was made by lo• $25,400 total; and the Harry H. Verkler I just. not in the `won't happen." cards and $645,000, Oesterling estimated. The stationary stage would cal people who do such Contractor, Inch won a contract for wheel -chair -. things." ` g ramps downtown for $14,500. The South Bend Tribune; Sunday, May 25, 1975 19 • �O Get ;Hearing Pavi�g,,',,Plaza fund constitute the maintenance sources department. By MARCHMO T KOVAS budgeted for the materials Tribune city cove ment writer from state tax refunds. staff are being funded through Among maximum salaries Revenue shari g funds for And $165,000 in cumulative the federal Corripreitensive proposed are: , ntal coordinator, the city's street paving pro= capital improvement funds Employment' Training Act Environme gram and for the maintenancf has been earXnarked for the program, said Farrand. The, ` $14,850 and diectorl of com- of River Bend laza will be. 1975 program, making -a total crew operates from a room in., munity affairs, $10,000, both.in subjects for pu lic hearings j of $465,000 sought" for this thLa gent Auditorium. he plaza department; bureau eof boust Tuesday night y the South . year's purchases of. a variety., budget is $23,250 for electricity ing director, $15,400; project Bend Common C until, of materials. The council 1 meet at 7 Decker said that. total still is to run the fountain pumps, director, $13,200 bureau of p.m. in fourth floor chambers far less than the $666,207 in lighting, and, electricalkoutlets' planning and management di in the County-City Bldg. motor vehicle tax funds, re- on the plaza. rector, $15,400; bureau of man Proposed ordinances to be venue sharing and cumulative A sum of $2,000 is for water power administration director, aired would allocate $252,800 capital improvement funds a1 b and there rd control by an8a lilt application $18,900, operations $16,500. uty director, for the street d artment and lotted for materials in 1974. Y PP op $33;080 for the laza mainte- City Engineer Rollin E. Far- of chemical to keep pigeons �; nance. rand told the council that the away from eanopie$;.without Final action also is to be redevelopment department is harming the birds taken on the setting ,of mini - .;.turning over the plaza to the The hearing on the salaries` mum and max' um salaries Department of Public Works will be a continuance of a for certain employees of the for maintenance .and the fund hearing held April 21. The bill Human Resources and Econ- sought is for materials, equip- would set minimum and maxi- omic Development Depart mum salaries for 19 job de- ment and supplies only. de- scriptions in the human re- ment. - Salaries of.six persons who p Donald L. Decker, street.'` commissioners, in a letter to,: the council . not that . $47,200 in revenue sharing funds was voted by the council. last March and the additional` $252,800 will round out the $300,000 needed to complete the paving and slurry sealing program for this year. 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CD CL (0 E3 0 0 0 et D M It D (D ID Cn A) en n = 'a n SD ID aq CL Gn CL El ol cn cn 14 .01 w - -,- ::i:- 0 m 9 - , w R. cr, e.,G. mr M CD = 2 - E: 4 eD = — -D cn eD A. ( -3 0 D eD 0 'D eD 57 E;. eD DATE TIME PLACE PRESIDING OFFICER ATTENDING MEMBERS RIVER BEND PLAZA ADVISOFY COMMITTEE MINUTES May 6, 1975 1:30 p.m. River Bend Plaza-,Office 112 South Michigan Street South Bend, Indiana 46601 Mr. Karl King Mrs. Mr.. Mr.. Mr.. Mr.. Mr.. Gwen Stiver Floyd Jessup Hubert Getzinger John Kagel Edw. F. Soltesz Ed. Smith ATTE DING GUES S Mrs. Janet Allen Mr.. Tom Oesterling Mr.. Allan Bloomquist Ms.. Chris Trippel Mr.. Allen Schrager Mr.. Robert Goodrich Mr.. Richard Russell Mr.. Louis N. Wilcox CALL TO ORDER The meeting was Called to order by Mr. Karl King, Chairman, at 1:30 p.m. APPROVAL OF MINUTES On motion made by Mr. Soltesz and seconded by Mr. Smith, the minutes were approved as recorded. PLAZA PROGR REPOR ESS T_ Mr. Wilcox, Director, of the Plaza, introduced Mr. Tom Oesterling of Clyde Williams Associates, who presented the details of the four (4) site studies prepared for completion of the Plaza pedestrian area. Mr. Oesterling described each of the proposed plans and also, submitted the estimated costs for each one, of the plans, and the alternates provided therein. The Committee examined the sketches of each plan, which had been made available in the Plaza office a few days before the meeting day. Mr. Soltesz moved that any recommendation regarding the site studies, be tabled by the Committee, until.a definite determination could be made regarding the funds currently available for completion of the Plaza. RIVERI BEND P ZA COMMITTEE MINUTES Page 2 Mr. King submitted, that Mayor Miller recently assured him that the f nds are available for completion of the Plaza. No su port'was given to Mr. Soltesz' motion, and a new motion was presented by Mr.-Russell that the Committee recommend the immediate adoption of Plan D of the presented alternatives, to include two (2) stages 30' -x 30', which would be controlled by hydra lic lifts. Mr. Schrager seconded the motion and the Committee passed the motion unanimously. COMMZ TEE REPOR S No Standing Committee reports were submitted to the meeting. BICEN TTENNIAL: Mrs..Stiver, Chairman, reported that everything is going well, and that more than one hundred twenty five (125) people are currently involved in the plans of the Festival. OLD BU.SIN SS Mr. King asked Mr. Bloomquist for any report or comment he might wish to submit to the Committee, regarding the building plans of the First Bank and Trust Co. Mr. Bloomquist responded that the'Bank is giving the project considerable priority, as is, Mr. Imus of the Development Control Corporation, and when Mr. Imus returns from his business in Florida, Mr. Bloomquist expects the projected plans will gain considerable momentum. Mr. Getzinger spoke of the frustration caused by the lack of communication regarding building plans on the Plaza. Mr. Schrager added that considerable difficulty resulted from the announcement made to the public on April 25th., because of certain assumptions included in the projected plans for a super - block. Mr. Bloomquist agreed that this situation was unfortunate, but notintentional, because the plans were not presented to the public as a committed situation, only as, a possibility. Mr. Bloomquist added that he believed an improvement can be expected regarding the building plans of!_the First Bank and Trust, mostly because the Bank is locally oriented, with responsibilities and involvement with the City of South Bend. Mr. Schrager commented that Mr. Bloomquist's attitude favoring open communication, was a welcome change, and would encourage cooperation toward the goal of completion of the Plaza. RIVER BEND PLAZA ADVISORY COMMITTEE MINUTES -Page 3 NEW BUSINESS No new business was presented to the Committee. COMMENTS Mr. Soltesz called the Committees' attention to fact that the Scottsdate Mall is using. the term "People Place" ' `which originated with the River Bend Plaza and he added that many of the actvities being presented at the Scottsdale Mall, are the same as those planned for the Plaza. ADJOU NMENT:There being no further business, a motion for adjournment was made by Mr. Schrager, seconded by Mrs. Stiver and duly passed for adjournment at 1:40 p.m. Submitted by, Olive Fisher, Secretary VTTSBURGHy PE ANDS.CAPE -ARC WASH.INGT "O;N D' C a S PL-ANNE.,RSh•7U.RBAI Apri 14, 1975 Mr. Wayne Brownell, Executive Director Department of Redevelopment County -City Building South Bend, Indiana 46601 Dear Mr. Brownell: Mr. Thomas Oesterling and I were pleased to meet on March the twenty -fifth with you and members of the South Bend Redevelopment Commission to review alternative plans for the development of the River Bend Plaza between Jefferson and Colfax. Although our original charge was to meet with the Merchants - Citizens Advisory Committee and prepare a feasibility study with costs for the development program it endorsed for the Plaza from Jefferson to the north boundary of Block 7, as requested by you, we prepared alternative studies and cost data for treating the balance of the Plaza to Colfax. Consideration was given to the potential that the Associates might in the future develop the Plaza from the north boundary of Block 7 to Colfax. Since it is now established that the current budget for construction is approximately $400,000, we are submitting the enclosed summary of Alternatives, Cost Data, and Recommen- dations. In response to a request by the Board, we are including an Alternative to provide a platform with roof canopy in lieu of a series of lift stages as proposed by the Merchants - Citizens Advisory Committee. RID' A N,T '1 U �L� i_1 Partn r" John Ormsbee Simonds Philip Douglas Simonds Paul Dorr Wolfe C. Richard Hays Me ers: Richard O. Hagan W. Vernon Kennedy Geoffrey L. Rousch Jack R. Scholl James E Voss Edward E. Werley Associates: David J. Germond Richard A. Graig John C. Loatsch George J. Sloss C. Steven Victor Robert J. Vukich Mr. Wayne Brownell Page ,two April 4, 1975 If the Plaza between Jefferson and Washington is to be completed this year, it is essential that a decision be made in April, and that we be authorized to proceed with the contract documents. If there are unresolved questions, please call me. Sincerely yours, Philip D. Simonds PDS /jcr Enclosure April 4, 1975 RIVER BEND PLAZA, SOUTH BEND, INDIANA Summa -y of Alternatives, Cost Data and Recommendations for thel plaza areas between Jefferson and Colfax Altern to -D As presented to the Board and shown on Study D, the development between Jefferson and Madison of an Assembly Area with a lift stage and roof canopy in Block 7 and minimum treatment on existing paving'in Block 8 would cost as follows: Bloc 7 1. Rlelocation of underground utilities and connection of inlets to storm sewer $ 95,000 to 150,000 2. Stage and pit 30'x60' (1 to 8 units) $180,000 to 600,000 ** 3. Roof over stage $130,000 to 310,000 * ** 4. Canopies and balance of site work and planting* $330,000 to 350,000 5. Sound system $ 5,000 to 10,000 Block 8 1. Connection of inlets to storm sewer $ 5,000 to 10,000 2. Balance of site work, excluding sound $ 25,000 to 35,000, TOTAL $770,000 to 1,465,000 *Does not include ancillary space for office, dressing rooms, toilets and storage areas. ** For $180,000 the stage would be a single unit in a simple pit with a minimum of controls and features. The range in cost to $600,000 covers a stage system of from 2 to 8 units with special controls and features. The more complex stages would require additional relocation of utilities as indicated under Item 1. * ** A roof over the stage at $130,000 would be a simple truss with built -up ro f on a standard support system. The roof can be one of five 'other explored designs ranging in price up to $310,000., Alterna e -G As presented to the Board and shown on Study G, the development between between Madison and Colfax of a temporary treatment on existing scale would roadwa would cost as follows: follows Blocks 9 and 10 Block. 7 1 . imber construction $ 45, 000 to 60,000 2. Benches 20,000 2,500 to 3,00.0 3. Lighting, new fixtures on existing poles 3,000 to 5,000 4. Flanting 250,000 35,000 to 40,000 5: Resurfacing roadway 10,000 to 12 j 000 6. Connection of inlets to storm sewers 5,000 to 10,000 to 10,000 2. Balance of site work and planting TOTAL $100,500 to 130,000 *50 to 4% would be salvagable. Alterna a -B As presented to Board and shown on Study B, the development between Jefferson and Madison of Block 7 basically as originally planned and Block 8 modified to a reduced scale would cost as follows Block. 7 1. Connection of inlets to storm sewer $ 10,000 to 20,000 2. Canopies (per original plan) 190,000 to 230,000 3. Balance of site work and planting 230,000 to 250,000 Sub-Total $430,000 to 500,000 Bloc 8 1. Connection of inlets to storm sewer $ 5,000 to 10,000 2. Balance of site work and planting 25,000 to 40,000 Sub -Total $ 30,000 to 50,000 TOTAL (Blocks 7 and 8) $460,000 to 550,000 Alterna a -A (Recommended) A new 31an between Jefferson and Washington for Block 7 (with a fixed stage and roof over stage area, responding to request of Board) and for Block 8 (minimum treatment) would cost: Block 7 1. Connection of inlets to storm sewer $ 10,000 to 20,000 2. Lowering of water line 2,000 to 5,000 3. Canopies (simplified system) 150,000 to 200,000 4. Balance of site work and planting* 250,000 to 370,000 Sub -Total $412,000 to 595,000 *Incl des stage, roof and sound system Block 8 1 2 onnection of inlets to storm sewer alance of site work and planting $ 5,000 to 25,000 to 10,000 40,000 Sub -Total 30,000 to 50,000 TOTAL (Blocks 7 and 8) $442, 000 to 645,000 The recommended plan, Alternate -A, is within the budget and provides. a stage area of approximately 30'x601, a roof over stage, a seating area for 800 to 1,000, and a standing area under trees for 1,500 to 2,000. It is designed to serve all the performances and exhibits requested by the Merchants-Citizens Advisory Committee. It does not include provisions for an Dffice, dressing rooms, toilets and storage area. The dressing rooms and storage area can be accommodated in a trailer to be located on Jeff rson at times of major performances and /or in tents to be located under 1he canopy abutting the stage. To install a sound system on the other whole blocks of the Plaza will cost $2,000 to $2,500 per block. Music can be provided at a rental of $40 per month, per block. The 16 x75' canopy in front of the former Kresge Store will cost between $20,00 and $25,000. Public/private s - . bran s this downtown bac to I ife. Youngstown Ohio, makes a $2 million `good faith' investment 's +b before seeking private commitments - �'`► Specially designed fixtu es by Glaus, Pyle, Schomer, Burns and De Haven, Inc., bate the plaza in warm, yellow light. Since each fixture has 12 globes with 240 -w lamps, the lighting also provides toj maximum security. 66 • THE AMERICAN ICITY / MARCH 1975 view of west I- ederal Street before improvements. Vacancies were high and rising, but since the plaza was built, "we've arrested the exodus," the author noted. • This precast concrete bus shelter (in Youngstown called a pedestrian shelter) is equipped with heating. To keep warm, the pedestrian simply pushes a button, and heat comes on for about. 15 minutes. Pervious friction courses gain in popularity The use of 4en- graded asphalt pavements for the prevention of hydroplaning, the wet - weather phenomenon i which a vehicle's tires lose contact with the road due to a thin film of water on the pavement's su face, is gaining ac- ceptance among highway au- thorities in Europe as well as the United States, according to a re- cent report by the Asphalt Insti- tute. Highway experts feel that the wet-weathE r accident rate can be reduced if rainwater is quickly removed from roadway surfaces via pervious wearing courses. Motorway atithorities in Den- mark have placed experimental pervious asphalt friction courses on I two sections of pavement of that country's arnum Motorway, reports the Institute. Five more sections will e used on the soon-to-be-corripleted Elsinore Moto Tway. no reflective cracks have ap- peared, and the rubber emulsion kept water out of the pavement's base course. We have been satisfied, thus far, with its scuff resistance, and all -in -all, it's a very/ durable pavement. 7 The project AAas supported by the U.S. Federal Aviation ;Ad- ministration and the Okla oma Aeronautical C mmissiom FAA cooperated in developing the specifications for the )surfacing and encouragec I us td use the open - graded mixes because of its demonstrated in pr ved skid re- sistance and ab lit to eliminate hydroplaning. The skid fact( /r of the resur- faced portion � our 6200 -ft run- way is 62 to 65, as measured by the Oklahoma S ate Highway De- partment. ■■ The Danish pervious course uses 83% crushed rock (maximum -'/8-inch), 15% crushed rock fines, 2% hydrated lime filler, and a binding agent of 4.1% to 4.3% 100- penetration grade asphal The pervious mix also includ s 0,4% of an amine -type antist Ip- ping agent. The Danish experiments f Ilow the precedents set in Engla d and the U.S. England has use open - graded friction cours since 1yb7, and pervious friction Courses are becoming more common in the U.S. when skid prevention is necessary. More information on the de- sign and construction of open - graded asphalt pavement is avail- able from the Asphalt Institute, College Park, Md. Ask for Open - Graded Asphalt Friction Courses, publication No. 10 in the Institute's Construction Leaflet series. ■■ Wearing course deAgn mix vs. job mix, Bartlesville municipal airport Sieve - Design Limits Size (i passing) Job Mix (i passing) 3/& -inch ! 100 100 No. 4 25 -65 33 No. 8 15 -25 20.6 No. 16 3 -15 13.6 No. 200 3-5 4.1' % Asphalt 5.0 -8.0 7.0'" 'Includes 1.5° hydrated lime •60 -70 pen ration asphalt with 2.0 ppm DC -200 silicone agent > resurfacing the old pavement, a three -ft plastic strip was placed over all cracks joints to prevent reflection cracking. MARCH 1975 / THE AMERICAN CITY • 65 t connes.back to life our 10 -story office building, City Center I, on the urban renewal property along the plaza. The other. requirements were - ■ A municipally financed parking garage to act mmodate vehicles for the office wilding. ■ A pecleStriar walkway connect- ing the office building with the parking garage and the plaza. We've been fortunate to com- plete all three requirements, and .construction f the office build- ing and several other buildings is now completed. Other facilities are in various stages of planning. In fact, a federal post office — to serve as a regional distribution center — is scheduled to be under construction this summer. Our $7.4-million parking facility contains space for 920 cars. Rather than prc viding parking on the street level it was built with 40,000 sq ft of space for shops along the pla a. The building, which was dedicated in February, is an attractive addition to the city's skyline. We built the pedestrian con- nector under t e plaza to City Center I. It can be extended to service other ne1V buildings plan- ned in the area. Youngstown residents and bus- iness people are so happy with the revitalization that the city ad- ministration and city council is considering extension of the plaza for three blocks further west on Federal Street, at an esti- mated cost of $1 74 million. This project will assurne high priority in budgeting of $3.7. million in - community development funds the city will re eive. this year. While the p aza extension would be ped strian- oriented and designed to arry out the re- laxed, informal t eme, it might have to accom Odate a traffic City -owned 920 -car parking facility can service new buildings at the lane to handle se vicing needs of east end of the Youngstown Federal Plaza. Built with businesses in the hree- blocks. �■ municipal renewal funds, the $7.4 million garage provides 40 000 ft _y" ­" u�uc "y dnv riowers nelp make the Plaza pleasant and informal sq of retail space on the ground level. 68 • THE AMERICAN CITY / MARCH 1975 9 By EDMUND J SALATA, P.E., Deputy Director of Public Works and City Engineer,. Youngstown, Ohio ■ Down- town Youngstown (pop. 140,000) is alive and well People are com- ing - back. Stores that threatened to leave have Jecided to stay. Retail sales, byo r barometers, are up anywhere fr m 10% to 15 %. Our revitaliza ion was spurred by completion last fall of the three -block Youngstown Federal Plaza. Named fc r the major busi- ness artery it is n, the plaza was built with $2 million in bond issue funds. Resulting renewal activities are very much a par nership between the city and p ivate investment based on the city's commitment to its own future, in the form of the plaza funding. As a result: ■ A private developer has con- structed a 10 -st ry, 100,000 -sq ft office building downtown. ■ A major bank ias committed $5 million to expan ion and rehabili- tation. Two major department stores are putting r ioney in their downtown estal lishments. ■ Local merchai its are fixing up their stores on t ieir own to make them more attra tive and in keep- ing with the newly revitalized city center. Over the, past 15 years, several concepts for a pedestrian mall along Federal treet had been proposed. All involved rebuilding the street 16 feet below grade through Central Square, with the plaza extending over the road- way. These plans called for isolat- ing pedestrians Irom traffic. This concept created two major problems: First, going underground would add $2 million t the initial con- struction price tag. Second, mz ny operations housed in the basements of two banks located oi Central Square extended out ur der sidewalks. In addition, construction would have created hardship for the other property abutters, the very people we were trying to help. For a while ii looked like no plan was going to succeed. But under the very active leadership of Jack C. Hunter, who became mayor in 1970, a new plan was proposed. The alternate plan, prepared by architects and engineers Glaus, Pyle, Schomer, Burns and DeHa- ven, Inc., and landscape architect James H. Bassett, Inc., called for renovation .of the Central Square area of Federal Street with a plaza -like atmosphere, but would still allow vehicular traffic. Under the plan, the median strip of the square was elongated and narrowed, allowing for both .north and south traffic with a pick -up, drop -off lane on either side. Crossing points were lo- cated at two quarter points, and traffic signs were to be coordi- nated with intersection signals to ensure safe crossing. City officials were enthusiastic about the plan, but many businessmen were still making plans to leave downtown. To get vital support, at the request of the city, the architects prepared a slide presentation spelling out the virtues of plazas in general and the. proposed Youngstown plaza in particular. After seeing the presentation, the businessmen realized the combination plan was practical, handsome and functional and that vehicles and pedestrians could both be served,while retain- ing the general pedestrian atmo- sphere. They decided to give it a chance. Construction began in Novem- ber 1973, and the plaza officially opened in October 1974. Inciden- tally, for the week -long opening festivities, local business leaders raised $70,000 for promotion — and many of these individuals and firms were not even located in the plaza area. Along the plaza the architects .used tree -lined curved walkways of concrete with exposed aggre- gate surface of paving brick, in- formal arrangements of pedes- trian shelters, benches and other furnishings. Two sculptured water fountains provide a warm, personal atmosphere. A special feature of the plaza is a sunken amphitheater at the east end. Measuring 125'x250', it is large enough to stage such events as band concerts, style shows and outdoor exhibits. Lighted fountains create a dramatic gateway effect at the east and west entries to the plaza off Central Square. People just come to enjoy the surrounding. The plaza was one of three pub- licly financed elements and pre- requisites that influenced the pri- vate developer who constructed Sculptured water fountain creates a gateway effect at the plaza entry off Youngstown's Central Square. Water flowing over the petal -like shapes adds a pleasing visual and audible impact. 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