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HomeMy WebLinkAboutRM 06-06-75June 6, 1975 10:00 a. m. Presiding Officer: 1. ROLL CALL ssioners nt: Counsel: Newsl Media: OtheIrs Present: LPA Staff: Letter of Resi Commission: SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING 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. Kevin J. Butler Ms. Jeanne Derbeck, South Bend Tribune Reporter Mr. Lou Tutino, WNDU -TV Reporter Mr. James L. Marchelewicz,'WNDU -TV Photographer Mr. Wayne R. Doolittle, WSBT -TV Reporter Mr. Steve Neher, WSBT -TV Photographer Mr. Larry Ford, WSJV -TV Reporter Mr. Les Howard, WSJV -TV Photographer Mrs. Janet S. Allen, Interested Citizen Mr. Allan C. Bloomquist, First Bank & Trust Company Mr. Thomas Gibson, Interested Citizen Mr. John R. Kagel, Executive Director, Downtown South Bend Council Mr. Patrick McMahon, Department of Public Works Mr. Gordon E. Medlock, International Constructors Co. Mr. Thomas A. Oesterling, P.E., Clyde E. Williams and Associates, Inc. Mr. Bill E. Slabaugh, Department of Public Works Mr. Edward F. Soltesz, Chairman, Governmental Coordination Committee of River Bend Plaza Advisory Committee Mr. Ray Sovine, Indiana & Michigan Electric Representative Mr. C. Wayne Brownell Mr. Mark S. Davis Ms. Helen S. King Mr. William J. Parrish Mr. Frank J. Alford Mr. Kenneth J. Schaller Mr. Keith P. Crighton Mr. Louis N. Wilcox ination - B. L. Wade, Assistant Secretary, Redevelopment President Nimtz said he is in receipt of a letter from Bob Wade to him, as President of the Redevelopment Commission, and a copy to Mr. Morris L. Morrison, President of the Board of Trustees, and to Mr. C. Wayne Brownell, Executive Director of the Dept. of Redevelopment, dated May 28, 1975, and read in its entirety: I . L of Resignation (Cont'd): P.teaze eonside& this Zetten as my notice o4 tesignation the Redevetopment Commission e44ecti.ve May 31, 1975. 14ind it nece�szoAy to nesign at tW time, but must ay, I have enjoyed the expeAience with the �e tow commiszioneAz nd other membelvs o4 U&ban Renewal and I feet that the City of ouch Mend i,6 a betteA community 6&om what has been achieved by he Redeve eopment Depantnent- o veA the pa6t .s eveh.at yeau . W B. L. Wade The Chair said he is appointing Don Wiggins and himself, as a Committee of two, to prepare an appropriate resolution concerning Mr. Wade's service on the Commission. Mr. Nimtz was President of the Board of Trustees at the time Mr. Wade was appointed, and said he was successful in s arching Mr. Wade out and having him placed on the Redevelopment Commission, and that we certainly regret Mr. Wade's resignation. 2. APPROVAL OF MINUTES Moti n was made by Mr. Wiggins to approve the Minutes of the Special MINUTES Meeting of May 23, 1975, held in lieu of Regular Meeting of May 16, APPROVED 1975 as distributed. Motion was seconded by Mr. Donaldson and carried. 3. APPROVAL OF CLAIMS Motion was made by Mr. Chenney that the claims, as submitted, be CLAIMS allowed and ordered to be paid, totalling: $3,960,351.68. Motion APPROVED was seconded by Mr. Wiggins: and carried. The claims, as authorized, are: P. E.A. R -66 Goodson-Tyler & Associates $ 1,000.00 The Nickey Company, Inc. 572.00 Lakeshore Typographers, Inc. 87.70 Solid Waste Disposal 17.00 South Bend ExterminEting Co. 30.00 Swee ey, Butler & Simeri 1,875.50 Thor burg, McGill, Deahl, Harmon, Carey & Murray 55.15 Trac or Supply Company 5.65 Clyd E. Williams & Associates, Inc. 989.89 Total $ 4,632.89 PROD CT TEMPORARY LOAN REPAYMENT FUND R -66 The Morgan Guaranty Trust Company of New York $ 3,635,488.33 Total 3,635,488.33 P.E.A. R -57 Enterprise-Record $ 36.11 South Bend Exterminating Co. 30.00 Sweeney, Butler & Simeri 45.50 - 2 _ Total 11 .6 3. APPROVAL OF CLAIMS (Cont'd) REDEVELOPMENT REVOLVING FUND Payroll: May 3. 1975 through May 16, 1975 $ 5,253.08 The obb's Merrill Company, Inc. 23.50 Business Systems, Inc. 43.65 City of South Bend Parking Department 100.00 Comet Car Wash 15.75 Continental Assurance Company 127.00 Dun & Bradstreet, Inc. 705.00 Indiana Bell Telephone Company 649.73 Indiana & Michigan Electric Company 46.63 Makielski Art Shop 6.55 James R. Meehan & Associates 23.89 Pos aster 57.84 MODE CITIES EXTENDED SERVICES Relocation Claims Hazel Scruggs (Replacement Housing 14,700.00 Hazel Scruggs (Moving Payment) 300.00 Hazel Scruggs (Dislocation Allowance) 200.00 Hubert M. Weaver (Appraisal Fees) 75.00 Total 22,327.62 N.D.P. A -10 Enterprise Record $ 101.99 Sweeney, Butler & Simeri 549.50 Treasurer of St. Joseph County 16.30 Total 667.79 URBAN REDEVELOPMENT BOND REDEMPTION FUND American National Bank &Trust Co. $ 1,593.75 St. Joseph Bank & Trust Co. 6,851.25 St. Joseph Bank & Trust Co. 278,250.00 Total $ 286,695.00 BUREAU OF HOUSING E -7 A.B.C. Heating Company $ 287.00 Area Services, Inc. 6,210.48 Indiana Terminex 215.24 Swe ney, Butler & Simeri 35.00 Total 6,747.72 3 3. APP 4. AL OF CLAIMS (Cont'd REDEVELOPMENT DISTRICT CAPITAL Al Batcho $ 678.00 Bea dway Hardware 16.36 Factory Tile, Inc. 10.40 Total 704.76 REDEVELOPMENT DISTRICT CAPITAL BONDS OF 1972 B & B Trash Removal $ 32.00 Indiana Bell Telephone Co. 71.96 North American Signs, Inc 2,872.00 Total $ 2,975.96 GRAND TOTAL $ 3,960,351.68 REIMBURSEMENT - REVOLVING FUND --r Reirbursement for April & May, 1975: R -57 Rei ursement for April & May, 1975: E -6 Total NICATIONS a. UD Regional Office letter dated June 2, 1975: This letter, ver the signature of Ms. Mary M. Dangles, Legal Financing fficer, Office of Regional Counsel, Region V, advises they have received our Project Notes, First Series 1975, Project Indiana R-661, and the related documents. The ocuments are being distributed in accordance with esta- lished procedures and all actions necessary on behalf of he Government have been completed. copy of the executed Requisition Agreement was enclosed. he closing date is June 17, 1975. Copies of the trans - ittal letters were also enclosed, setting forth the amount f funds we are to furnish the Paying Agent on the maturing ssue, and a copy to Paying Agent advising them as to the ource of funds to be used in paying off such outstanding ssue of Notes. r. Brownell said this amount is being approved for payment his morning, to The Morgan Guaranty Trust Company of New York, Approval of Claims, in amount of $3,635,488.33, Project Temporary Loan Repayment Fund R -66. b. iUD Area Office letter dated June 2, 1975: This letter, ver the signature of Mr. Daniel B. Bowman, Acting Director, ousing Production and Mortgage Credit Division, is directed to all LHA's and LPA's doing business with DHUD, requesting he Semi - Annual Labor Standards Enforcement Report be com- leted and submitted to their office no later than June 30, 1975, for period of January 1 through June 30, 1975. - 4 - $ 4,814.03 9,581.44 $ 14,395.47 PROJECT NOTES, FIRST SERIES, 1975, R -66 SEMI - ANNUAL LABOR STAND- ARDS ENFORCE- MENT REPORT 4. COMMUNICATIONS (Cont'd r. Brownell advised Mr. Frank Alford will be completing these eports, as he has in the past, which are due on a semi- annual asis. On motion by Mr. Wiggins, seconded by Mr. Chenney and carried, the abov communications are to be received and placed on file. 5. OLD 6USINESS Theso items were deferred for discussion to the end of the meeting to allow time for the items of business on the Agenda. 6. NEW BUSINESS a. uit -Claim Deed to City of South Bend, Indiana A -10, Model ei hborhood Area No. : Mr. Kevin J. Butler, Commission egal Counsel, prepared this Quit -Claim Deed and authoriza- ion is requested for thE; President and Secretary to execute ame. otion was so made by Mr. Donaldson, seconded by Mr. Wiggins nd carried. b. final Change Orders and Certificates of Completion on Contract os. 2 and 5, Site Improvements, Phase III, R -66: Mr. Brownel dvised we only have the change order- on Contract 5 at this ime. Contract No. 2 is the landscape contract and we still ave some minor items to be negotiated on this contract. r. Thomas A. Oesterling, our engineering consultant with Clyde . Williams and Associates, Inc., gave a` lengthy summarization f the final Change Order, No. 16, which is voluminous - -44 pages lus 40 pages substantiating the charges. Legal Counsel, Mr. utler, said he has not had a chance to study it for approval. r. Oesterling said this final change order is for a decrease in contract amount of $1,324.08. This may be somewhat misleading, nasmuch as many of these items were small items- -items that were given to the engineer under the direction of the Executive Direc- or throughout the life of the contract. The Hickey Company, on ovember 13, 1974, submitted a summarized letter which is part of he change order packet, outlining their intentions for the claims hich at that time amounted to $44,344.16. After that there were dditional negotiations and meetings with Mr. Brownell. Finally, ther matters were resolved, with a reduction of the amount to $ 6,913.70. QUIT -CLAIM DEED, NDP A-10, MN #1 CHANGE ORDER NO. 16, TO CONTRACT 5, PHASE III, R -66 1s to why we only have a net decrease of $1,324.08, Mr. Oesterling ;aid it basically comes from the sculptures. The $30,000 that was illowed for the sculpture pieces, as an alternate in the contract, ras included in the contract base bid. The Department of Redevelop - ient had paid the sculptors direct for the construction of the - 5 - 6. NEW OUSINESS (Cont'd culptures as well as the prize money. The only amount of money he Hickey Company had coming to them was for the foundations for he sculpture pieces, so it reduced the Part "B" of bid proposal Page 34) by $23,636.04. That is why we basically have a decrease n the change order; otherwise, we would have an increase. ommissioner Wiggins said in short they had $6,363.96 in bui'l,ding he bases, to which Mr. Oester•ling replied, "That is correct." ach dollar is documented in the voluminous packet= -we have letters ated and backdated, I and everything is explaine'd.in detail for ach particular item in the contract and we feel that it warrants pproval. Page 5 of the Final Change Order delineates the comple- ion of tre actual acceptance dates of the contract, which will e the basis on which the maintenance will take place "As reported by The Hickey Company in its letter of December 30, 1974, the following dates have been established for final acceptance of the project: "Site Block Plans l thru 12 and 21 August 1, 1974 Site Block Plans 17A thru 20A - August 16, 1974 Pool "B" East (Site Block Plan 20A) October 1, 1974" egal Counsel said this does call for acceptance of the project ated back to August 1, 1974 for certain parts of thE, project; ugust 16 for additional parts of the project; and October l or the third part of thE: project--apparently-the Pool "B" East. 'Notion was made by Mr. Wiggins, seconded by Mr. Chenney and carried, to approve the final Change Order, No. 16, to Contract 5, Phase III, with The Hickey Company, for a decrease in contract amount of $1,324.08, and final acceptance of the project with above established dates; also authorization for execution of the Certificate of Comple- tion for Contract 5 with The Hickey Company. All subject to Legal Counsel approval. c. St. Joseph County Airport Authority District Contract: Commission Legal Counsel requested authorization for the negotiation and pre- paration of this contract, and execution of same. Mr. Brownell advised the St. Joseph County Airport Authority has approached us on the basis that they are a Federal Agency and want to extend their airport and acquire land and relocate people. As we have staff trained in the acquisition of real estate and relo- cation, they have been advised that they should use our staff, rather than hire and train a new staff of their own. Consequently, they have approached us about a contract on which this work could be done for them. Our Legal Counsel would prepare the contract. Motion was made by Mr. Wiggins, seconded by Mr. Donaldson and carried, to authorize Mr. Butler and Mr. Brownell to prepare and negotiate a contract, and authorization for the execution of the contract. �:i� ST. JOSEPH COUNTY AIRPORT AUTHORITY DISTRICT CONTRACT 6. NEWIBUSINESS (Cont'd) resident Nimtz said the commEnt is very complementary to ur staff. d. Dun & Bradstreet, Inc. Contract: Authorization was requested to enter into a renewal contract with Dun & Bradstreet.; Inc., to continue subscription information for another year, in the amount of $705.00, R -66. . Brownell advised this contract will cover several depart - nts working out of this office and the cost will be prorated. r share (Department of Redevelopment's) will be BO %; Community velopment's 60 %; and Model Cities's 10 %. tion was made by Mr. Wiggins, seconded by Mr. Chenney and carried, approve the renewal- contract with Dun & Bradstreet, Inc., in ount of $705.00, with costs to be prorated as noted above. e. ommercial Lease Agreement: Commission approval was requested for the cancellation of the Commercial Lease Agreement with Mice Engineers, Inc., for the use of the store building at 114 South Michigan Street, as of June 17, 1975, Project R -66. r. Brownell read the letter from Mr. Karl G. King, Jr., President, Mice Engineers, Inc., confirming phone conversation that Office ngineers has vacated the store building at 1,14 South Michigan treet completely and the keys will be turned over to Mr. Louis ilcox, Property Manager as soon as the I &M Electric Company has aken a final reading and the South Bend Water Department has taken final reading. DUN & BRADSTREET, INC. CON- TRACT APPROVED COMMERCIAL LEASE AGREEMENT CANCELLED, 114 S. MICH. R -66 is building is next door to the Plaza Office. The rent is paid rough the 17th of June, 1975, and the letter was requested for the cord and approval of the Commission so no more rent will be accrued. otion was made by Mr. Wiggins, seconded by Mr. Donaldson and carried, or the cancellation of the Commercial Lease Agreement with Office ngineers, Inc., for use of the store building at '114 South Michigan: treet, as of June 17, 1975. r. Brownell said the other request is that Mr. Louis Wilcox has re- uested to use the building at 114 South Michigan Street in connec- ion with Plaza Office. Also for the use of the advance party for hE! Freedom Train for one month period from June 16. Mr. John R. agel, Executive Director of the Downtown South Bend Council, ad- ised the Freedom Train is part of the official Bicentennial Commis - ion activity. This would be an ideal location as it is a part of he Bicentennial. Commission, and they can have a'center point where hey can have exhibits for the people to see. This will be the fficial headquarters for the freedom train. otion was made by Mr. Wiggins, seconded by Mr.. Chenney and carried, hat the River Bend Plaza Office personnel be permitted to use the acilities at 114 South Michigan Street, R -66. - 7 - 114 S. MICH. QUARTERS APPROVED FOR RIVER BEND PLAZA PERSONNEL USE 6. NEW IBUSINESS (Cont`d) f. Change Order N6.1 to Contr6ct'4, E -7 Commission approval was CHANGE ORDER requested of Change Order No. 1 to Contract 4, with Madison Con NO. 1 TO struction Company, for rehabilitation work, at 729 East Penn CONTRACT 4 sylvania Street, E -7, Bureau of Housing, which is for an increase APPROVED, in contract amount of $519.00, for an amended contract total of E -7 $5,519.00, subject to Legal Counsel approval and City Council ap- Droval. r. Mark S. Davis, Chief Inspector, E -7 Program, in his memo ad- ised upon opening up the kitchen floor; the Madison Construction ompany discovered extensive termite damage. To correct the termite amage, the kitchen subfloor, three joists, and two jack posts are eeded. In addition, to install the joists, the electrical wire ust be re- installed. Termite infestation was not noted during he inspection. The home has been exterminated this past week to revent future problems. The staff recommendsthis change order e approved. lotion was made by Mr. Wiggins, seconded by Mr. Chenney and carried, for the approval of Change Order No. l to Contract 4; for an increase in contract amount of $519.00, for $5,519.00, subject to Legal Counsel proval. an amended contract total of: approval and City Council ap- Change Order No. 2 to Contract 4, E -7: This Change Order was pre- CHANGE ORDER sented to the Commission and recommended it be rejected, as thC. NO. 2 TO alterations were made without the Bureau of Housing approval, was CONTRACT 4 done solely at homeowner's discretion and has severely weakened REJECTED, the support system of the home. The Change Order, is in the amount E -7 of $354.00, or an add -on to the above, amending the contract total to: $5,873.00. Mr. Mark S. Davis advised after their inspection was completed and ready for the contract, the homeowner made some alterations to two load bearing walls of her property. The alterations were not done in a safe manner and have severely weakened the support system of the home. The alterations were not made in accordance with standard construction procedures, and were done solely at the homeowner's discretion The homeowner made no attempt to noti- fy the Bureau of Housing that these alterations were being made. The staff recommendation is that the requested change order for $354.00 submitted by the Madison Construction Company be rejected, and the homeowner be notified that the correction of this problem is to be her responsibility. Commission concurred in the rejection of Change Order No. 2 to Contract 4, with motion made by Mr. Wiggins, seconded by Mr. Chenney and carried. 6. NEW (BUSINESS (Cont'd Ors. Janet S. Allen said in our last meeting, we approved a Change )rder to a Rehabilitation Contract with Roseland Construction Co., For an increase in contract amount of $1,402.88, for work at South Iowa Street, that was for installing new tile and reinstalling a shower door in the bathroom and recarpeted the kitchen, and now this individual for this work. Now,'if a person can buy a stereo ind have it 'installed, and the item for recarpeting the kitchen in the last meeting, why are we helping these people rehabilitate their louses? These are two projects, and 'I just can't see this kind of vork being done - -this is at Government expense, or at taxpayers' ?xpense -and it doesn't seem proper to include 'these things to be lone." )resident Nimtz said the first item is in order, but requested Mr. Leith Crighton, Director of the Bureau of Housing, E -7 Program, to answer the second one--on the ballistics of the stereo. Mr. ;righton said the stereo belongs, he believes to the son or sons - in -law of the homeowner, who is temporarily living with her and ;he just went along with it. Apparently, she didn't know these were load - bearing walls. As far as the shower doors and the :arpeting on the other question, we are doing no such thing in the Southeast E -7 Project. Mrs. Allen said that one was on Iowa >treet- -309 South Iowa. Mr. Crighton said that is in the R -57 'roject -- LaSalle Park and that he does not have that Project. fhe R -57 Project has different guidelines. Irs. Allen referred again to the last minutes and said that in the ninutes, Mr. Butler's answer was, "any contracts over the $5,000 limit or any change orders increasing the contract amount over the X5,000 limit must be approved by City Council, and Commission ap )roval." That particular change order was approved,for an amended :ont:ract of $8,082.88. That was to go before the Council for ap- )roval of the extras amounting to over $3,000? 4r. Crighton advised the item Mrs. Allen is speaking of is under an irban renewal project (LaSalle Park Urban Renewal Project, R -57), ind said he believed the one on SOUth Iowa Street was a loan and a )rant, and under that program the homeowners had the option of doing )retty much what they wanted with that money since they borrowed that money and they have a mortgage on their house. Legally, they :an put carpeting in if .they want to. The approval required from the City Council over the $5,000 grant amount is on thE: E -7 Program, lot the R -57 Program. ,ommissioner Wiggins advised, "When they are under the terms of a loan, Janet, the person is doing it with their own money. It is no iifferent, to a large extent, than anyone who gets a commercial loan it a bank to remodel their house." Mrs. Allen said, "We l], perhaps lot, but I don't believe it was made clear." 6. NEW PUSINE:SS (Cont'd). g. Rehabilitation Contracts ;'E- %'Pro'ect, Bureau Commission approval was requested.to' award th, in accordance with `the ' recommendations of the ittee, subject to Legal Counsel approval: Contract No. Address Bid Amount' 7 621 E. Dayton Street $ 2,026.40 53 622 E. Broadway Street 4,851.00 of Housing: REHAB. following contracts CONTRACTS E- 7-Advisory Com- 47 & 53 AWARDED, E -7 Contractor Combs Decorating & Construction Barany Htg. & Sheet Metal otion was made by Mr. Wiggins, seconded by Mr: Donaldson and carried to award he above rehabilitation contracts, as noted, subject to Legal Counsel approval, roject E -7. ommission approval was requested to award the following contracts REHAB. n accordance with the recommendations of the E -7 Advisory Com CONTRACTS ittee, subject to the approval of the South Bend Common Council 45, 46, 48, nd Legal Counsel approval: 49, 50, 51, 52 & 54 ontract AWARDED, o. - Address Bid Amount Contractor E -7 8 226 E. Pa. St. $ 6,326.63 Combs Decorating & Construction 9 217 E. Calvert St. 6,470.53 Combs Decorating & Construction 5 706 E. Wenger St. 5,844.00 Barany Htg. & She:et Metal 6 238 E. Elder St. 7,823.00 Barany Htg. & Sheet Metal 0 621 E. Keasey St. 6,380.50 Barany Htg. & Sheet Metal 1 217 E. Dayton St. 7,103.00 Barany Htg. & Sheet Metal 2 113 E. Keasey St. 5,243.00 Barany Htg. & Sheet Metal 4 628 E. Indiana Ave. 5,362.00 Barany Htg. & Sheet Metal otion was made by Mr. Wiggins, seconded by Mr. Chenney and carried to award he above rehabilitation contracts (Nos. 48, 49, 45, 46, 50, 51, 52 & 54), s noted, subject to the approval of the South Bend Common Council and Com- ission Legal Counsel approval. he bid opening for the above contracts was on June 3, 1975, and a copy f the bid tabulation sheets were enclosed in the Commissioners' packets or review. The contractors noted above and recommended for award of the ontracts were the low bidders in each instance. h. Relocation Workshop: Mr. Brownell requested Commission approval to ONE STAFF permit one CITY staff member to attend the Relocation Workshop, in MEMBER AP- Columbus, Ohio, June 16 through June 18, 1975. The letter for the PROVED: invitation to the Relocation Workshop is frcm`Mr'. James E. Armstrong, Area Director of HUD. RELOCATION WORKSHOP The purpose of the workshop is to provide an opportunity for compre- hensive training on the recently revised Federal Relocation Regula- tions. It is designed to meet the needs of the local agency personnel responsible for conducting on -going relocation activities and antici- pated displacement under the Community Development Block Grant Program. - 10 - 6. NEWIBUSINESS (Cont'd r. Wiggins moved for the approval, seconded by Mr. Donaldson and arried. 7. PROGRESS RE a. River Bend Plaza Schedule: A copy of the Schedule for June, 1975 RIVER as enclosed in the packets. BEND PLAZA SCHEDULE, Mr. Louis N. Wi'lcox.,''Director of the River Bend Plaza Office, ad- R -66 vised that June 29th is the lst Anniversay of the Plaza and he is scheduling major activities for the 3rd and 4th. Retail esta- lishments wil] be open on that Sunday , and`at the next meeting, e will have an update report on that. b. 3taff Reports: Mr. Brownell read all staff reports in their ntirety. 1) Project E -63 Code Enforcement: Mr. John Davis, Project Direc- E -6, CODE for of the E -6 Program, in his written report, advised work 'ENFORCEMENT is continuing in the E -6 Code Enforcement Area. Two contrac- tors are engaged in physical rehabilitation for Contracts #4, #6, #12 and #14, and that Contract #9 has been successfully completed by the Michiana Construction Company. Contracts #18 and #15 were opened for bids on May 12 and May 28, respectively. Contract #15 was a re- advertised bid in accordance with HUD instructions that there were only two bidders and both were over our cost estimates. We are presently awaiting HUD approval of Contract #17 which was awarded to Newbill's Construction Company by the E -6 Ap- proval Committee on May 8. We are also awaiting a new wage decision from HUD and we are hopeful th«t it will arrive soon, in order that there will be no delay in the awarding of further contracts. Project-E-7. Bureau of Housing: Mr. Kenneth J. Schaller, E -7, BUREAU Project Director of the Bureau of Housing, in his written OF HOUSING report, advised as of June 3, 1975, there are 114 applicants to the E -7 Program. The Advisory Committee has approved 71 applications; 24 have been rejected, tabled or made eligible for relocation benefits, and the remaining 1,9 applicants are in various stages of the process of approval and /or re- jection. Twelve notices to proceed have been issued to a total of six contractors. Work has been completed on four properties and the balance of eight homes are in various stages of comple- tion and the work should be completed shortly. A total of 43 homes are presently on contract. Contract Set #8 has been opened on this date for bids and includes ten homes. Contract Set #9 will be opened for bids on June 17 and is presently being advertised. Twelve homes are included on Contract Set #9, which will be the final set issued for - 11 - 7. PROGRESS REPORTS (Cont'd 8. NEXT The Frid ment. fiscal year 1975. The awarding of this final set will commit the balance of the original funding for this fiscal year. Several requests for change orders have been submitted to the Redevelopment Commission for approval in accordance with the project guidelines. During the coming weeks, the Southeast Office, located at 313 .East Broadway Street, will be inspected, advertised and bids accepted for its rehabilitation. 1) Relocation Progress Report: The Relocation Staff submitted a written report, for the month of May, 1975: Status of the following Projects remain the same as reported in the progress report submitted for the month of April: Orange- Colfax Connector LaSalle Park Project, Indiana R -57 N.D.P. A -10, SE #1 - Southeast City -Wide Federal Aviation Administration Model Cities Extended Services: Workload is three families. Michigan `Main Connector: Plans for the Michigan Main Connec- tor have been discontinued until next year. E -7 Neighborhood Development Program (Bureau of Housing): Workload is three families. Retention Basin: Workload is two families and two individuals. Staff is working with families and individuals. COMMISSION MEETING: xt meeting of the Redevelopment Commission will be at 10:00 a.m., , June 20, 1975, in thE: Office of the Department of Redevelop- 9. BLOCK 6 PROPOSAL - INTERNATIONAL CONSTRUCTORS CO. Mr. Brownell said Mr. Gordon E. Medlock, with International Construc- tors Company, is in the audience and had called him earlier to come to this meeting and suggest he and the Commissioners visit with him to talk about the proposal they have for Block 6. Mr. fledlock said we have advertised Block 6 for bid, and Block 6 has iiot had a land -use designation change to permit them to bid as they proposed. Mr. Medlock said he would like to suggest before the bids are opened, that it might be helpful to the Commission to visir. the Midway Motor Lodge and the Hoffman House Restaurant, in Grano Rapids, to first -hand observe the kind of facility that might be xcted on Block 6 and`to assess the manner in'which that might comment thE: Century Center when completed. - 12 - RELOCATION PROGRESS REPORT NEXT COMMISSION MEETING, 6 -20 -75 INTERNA- TIONAL CONSTRUCTORS COMPANY, BLOCK 6, R -66 9. BLOCK 6 PROPOSAL - INTERNATIONAL CONSTRUCTORS CO. (Cont'd) Mr. Medlock extended an invitation to the Redevelopment Commission to be their guest for a trip to Grand Rapids sometime within the next two weeks, at a date when it might be convenient "for the members of the Commission. His firm believes this is important in the planning of the downtown as we are going to end up with quite an investment with the Century Center, and that he has come to believe from the people he has discussed this project with that the Century Center can't be fully utilized and that the community will have difficulty in attracting conventions and - visitors, etc., to make maximum use of hat without a suitable luxury motel,-or motor inn and a quality res aurant in the downtown area of a size that does not presently exist. Depe ding on the number of people that will going, they would charter a bu and leave approximately 3:30 p.m. Have a buffet and cocktail and have an opportunity to first meet the owners of the Midway Motor Lodge and Ir. Hoffman of the Hoffman House Restaurant, in Grand Rapids; the bus ride would take approximately 2 -1/2 hours each way, with a total of a proximately a seven -hour session, to approximately arriving back in S uth Bend at 10:30 p.m. They would also like to invite other groups who qill be responsible or .influential in any rezoning or.land -use de- signation change. Mr. Medlock said he would also like to ask some re- pres ntatives of the City Council, Area Plan Commission, and some others. 10. SUPE BLOCK PROPOSAL - FIRST BANK & TRUST COMPANY: Ms. Jeanne Derbeck, South Bend Tribune Reporter, asked if we have any SUPER further news about the big Super Block, and President Nimtz called on BLOCK the representative from the First Bank & Trust Company, Mr. Allan C. PROPOSAL, Bloo quilt, for any comment. R -66 Mr. 3loomquist said that they do not have any specific or identifiable news that they may say this is the starting time and all:.that. Still on tie critical path and the major hurdle to overcome is to get the seco d major retailer to sign. There are some optimistic signs rela- tive to that, and there are negative signs relative to that. The largest negative sign is, and if we will read the Wall Street Journal ors me of the other financial pages, some of the major retailers, the first quarter profits were down; one was down 86 %; one was down 50 %, etc.; so it doesn't make these major retailers very expansion minded - -at least in t is point in time when their profits are down so much. It can also forc2 them to go into a strategy of expansion later on, because you know that they have to do something when the profits are down that badly - -at least in the first quarter. Just reading some of the institutional re- port3 as to what the profits look like and what is expected, it obviously has iad a significant effect. Nobody is going to sign on the dotted line if t eir profits are down 86 %. If for no other reason'. they are not going to b able to as the Wall Street investment houses aren't going to give them bonds and other financial latitudes to do it until things straighten out a little bit for them. Mr. 3loomquist said otherwise they meetings with the downtown people. sinca then they have had communicy date on the project- -just so they Common Council members. have had a fair number of communication That was probably 'a month ago, and Lion meetings`to brief the rayoral candi- are aware of it- -the same with the - 13 - 10. SUPEk BLOCK PROPOSAL - FIRST BANK & TRUST COMPANY (Cont'd Overall, Mr. Medlock said, "`I would say the one thing that kind of inspires me the most is the-general enthusiasm the people have relative to wanting to do something downtown, and it looks like the people are will- ing to volunteer suggestions, time, comments, and some of the suggestions that we have received have been very excellent and will be faceted into the thinking. This does not imply that everybody is saying, 'Hey, you know, that's the solution we really expect.' Quite'to the contrary. You know, some people have suggested that we are taking the wrong strategy, and that why bother with the retail, why not go with the office. Just attract a lot of insurance companies from the outside, and there are other strategies." "We iave a lot of plans that could take a heck of a lot of office space, frcm the viewpoint of an office building. We would be 'happy to attract as many people as we could. So you could have a higher building, greater econ )my of scale, etc., but our thinking is even if you could attract thes people from the outside, they are still going to be going vertical, and you know, you are only still going to be using up -a fraction of thE! land, so it might be an excellent current strategy, certainly for the over ill development, for the economic basis of South Bend, or the economy, of w atever size office may be there. It will be excellent to shoot for, but it will not solve the problem of what you are going to do with all the land out there- -also from a practical point of view of attracting a lot of people in from the outside cities. All you have to look at is the financial situation and the investment thrust to 'know that there is a lot of office space available nationwide. That is why a lot of REIT's are laving a lot of financial problems, so you know what you are battling agai st. Of course, locally, you have a lot of construction, new office construction, remodeling, etc., in the last five years', so there is not an overwhelming demand. So, basically, we are still working on the most critical factor, which is securing that second major retailer. Ms. Derbeck requested if she could ask if the first major retailer is: Gold latt's- -the one he has, with Mr. Bloomquist replying, "I have no comments as to who the major retailer is because they have asked that we keep it confidential. Ms. Derbeck added a lot of people seem to think they know who it is. Ms. Allen asked, "My question concerns the land - -are we going to sit here for another year? Granted they are working on these plans, but are we not going to advertise this property and try to get something going down - town? Are we going to let this land stand for a year, and then perhaps they say, 'No. They can't do anything' We waited 2 -1/2 years before and now another year - -that would be 3 -1/2 years with nothing done. It sees to me that the land could be sold, even piece -meal downtown, or at least put it up for bid to see if someone else will use parts of it and get something started. You won't have a downtown,- i'f you wait another year, two years, and then three years to build a building'" President Nimtz said that we have done some research on this matter, and requested Mr. Wiggins to speak on this, as they have discussed this on the pros and cons on the piece -meal vs. the overall aspect. CommissionEr Wiggins, said, "Yes, we have. We've not only done a research from our own sta dpoint of what we would make, but we have followed the recommended rou a and gotten people who are supposedly experts in ''this field who operate - 14 - 10. SUPER BLOCK PROPOSAL - FIRST BANK & TRUST COMPANY (Cont'd) nati naley and who tell us that this will not happen ; that it won't go on a pi ce -meal kind of basis. If you recall, when we initially put this pro - pert on the market, we had no inquiries, no bids to develop on that kindd, of b sis.° Mrs. Allen said, "When Alex Shoe Store and those other stores were being torn down, and when they hadn't yet moved, it was said that you had a pers n who was interested in buying thEit piece of property, right on this side of the Odd Fellows Building, and so there was a "mad rush to get Alex and all those others out of there, so you could clear the land for that pers n. Now what happened? That is a building that could have been put up at tat time and they were willing to go. I don't know what happened." Next to the Odd Fellows Building, on the east side to the alley, Mr. Brownell advi ed on that parcel we had a proposal' for a one -story building = -a restaurant. Our verall plan was that we would not have any one -story buildings, per Mr. Nimt . Mr. Brownell said the restaurant that wanted to be located downtown is o erating,'but not at that 'location. They had wanted'it for a drive -in restaurant and we didn't think it was appropriate for 'that purpose. The,t pieca of land had previously been put up for bid and advertised, and no one bid n it, and no one has bid on it since. We also put up some 'land on Michi- gan 3treet for sale and advertised it, both legally and block advertising and no one bid on it, and no one has bid on it since. So, we have made some attempts. He said he was in Chicago with HUD people recently and while there met with our consultants and discussed this matter, and it "is under discussion now or some of the things we may do. We have also met with the representative with the Development Corporation joint venture recently, so we are negotiating two ays. Commissioner Wiggins said, "It seems that our best real chance to realize the pote tial that we all feel` is, or can be here, is in the super block approach in t is kind of a financial problem. Basically, if you look at the country gene ally, you will find that downtowns have not been rebuilding in the: same structure pattern that they have been before, and 'there is a very good reason for rhis. At the time that the downtown South Bend was originally constructed, the transportation picture was entirely different. The people used public transportation because that's what there was, and the central city was it from that standpoint. There is little question, but that in view of the energy situation as it is now and as it will be in the future, given ten (10) years' time people are going to be back to public transportation, pretty much on the kind of basis that they were once before. I guess Henry Ford kind of said it a 1, when he got the Model T going, he said it will never be the same again, and fie wasn't just talking about the car. He was talking about all the things- - Amer can's romance with the motor car and the personal transportation- -what they have meant and changed in terms of cities, in terms of where people work and how they work and the rest of it." Mrs. Allen replied, "In light of the proposed oncoming public transportation agai , I guess one of the things that bothers men mainly is that you are selling our streets. You are selling Washington Street and you are also selling Michi- gan Street, and if the super block is put up there, and then understandably it would be 40 years before you could ever open those streets again, and I feel we need more motion downtown. Everything has to go on Main Street now and St. Joseph Street. We have closed off the biggest street we have, and I feel this should at least be open for pedestrians, if not for traffic. It should have small through lanes for traffic." 15 10. SUPER BLOCK PROPOSAL - FIRST BANK & TRUST COMPANY (Cont'd_) Commissioner Wiggins responded, "There is no question but in the building of the super block - -if and when it comes to pass = -that the streets will be kept as streets, that they will by reason of their being streets have free access, for the very simple reason that to relocate the utilities that exist under those streets would cost so much, money that it would prevent any possi- bility of the super block being constructed. With the utilities maintained under there and the easements that permit them, they have "to continue the streets, and continuing the streets we.have to have access, so that these will be streets within the super block. Now, this is not to say that we will be driving cars up and down, because we are not now. Not to plan for the future, not to recognize thE: elements that "tend 'to make it happen is to do nothing, and we can't afford that!" Mrs. Allen added, "The point is you could build on property and not build over and on the streets. This could reduce the amount of property that you have for sale for building. You don't have to sell the streets as such for build- ing. You could still have a very large building built on those properties and perhaps someone else could see something to go there without it being so expensive. I just feel we must start something; we just can't wait." Mr. Bloo quist said, "The point on the streets, on the plan you still would have the streets there, with a roof over their.heads -- that's the pedestrian passage- way. You are just extending the Plaza which you now have, further up on Michi- gan, but architecturally it is a little different and it is environmentally prot ctive. It is totally open for pedestrian raffic." Mr. Brownell said it will n also be open for fire traffic. Mr. John R. Kagel, Executive Director, Downtown South Bend COLincil, said, "I t ink there is something you have sort of forgotten and that is the action by tie predecessors here, and 1) I am going back to the consultant that you have, and I think the consultant has made some very good suggettions over the years. If you go back to when your office was at 120 West LaSalle Street Building, in this office, and I think Mr. Wiggins was on the Body, we had the opportunity to turn this whole project over to one company, one individual- - an out -of -town outfit. At that time, I think it was the wisdom of the con- sultants to know, as shortly after that, that.particular developer went broke, so I think the consultant made a pretty good suggestion at the time to this Body--your consultant. Now, along with that, we have heard the discussion, 'Let's go out and get a developer; let's go out and get someone to build; let's do this; why don't you do this; why don't you advertise ?' Are we aware of the fact that every developer in the U.S., every major financial house in the U.S., anyone at all interested in building, or developing, has been made aware of this by legal announcements as required by HUD and have it in their file, so this thing- -let's dash out with a fire engine and have someone come in here--these people are aware of this project. If they were interested in the project, they would step forward. Now, everything is past, we'sees what we gets,' the horses are out of the barn, and here we are and we have someone. This discussion on what we are going to do with the utilities, what are we going to do with the streets, etc. , that's going to have to be up to the development team and this Commission. I don't think we can do anything as a citizen participation sitting here determining where the sewer line: is going to go. I think we are going to have to proceed." - 16 - 11. RIVER BEND PLAZA POOLS In r sponse to the President's request for any further comments or discussions, Mr. ---dward F. Soltesz., Chairman, Governmental Coordination Committee of the Rive Bend Plaza Advisory Committee, said he has a question to ask- -and it is a touchy one. "Mr. Slabaugh, the pools up by the parking ramp on Jefferson Stre t, those haven't been running for quite a while. Is there any particular yeas n why they haven't been running ? ", Mr. Slabaugh responded that they run ever day. President Nimtz said a number of us were meeting with the City Council the other night and the question came up as to what the hours are for the opera- tion of the pools. "Can anyone tell us what the operation of the pools are ?" Mr. Slabaugh advised, "From 11:00 to 9:00, and the two pools on the end. The 'B' Pools on Jefferson Street are running from 4:00 p.m. to 10:00 p.m. - -they are running six hours a day to take advantage of the light, and there has been no time that the pools have not been running, and that we have not had control over, That's as I expressed in my report to Mr. Brownell last Thursday." Mr. Patrick McMahon, Manager of Bureau of Public Construction, Department of Public Works responded, "I concur; that is correct. Mr. Soltesz said they observed it a little differently when they came by the other night. We observed the pools by the garage were not running, and they have not been running for quite a while, and that is down here by Jefferson Street. Mr. Slabaugh stated, "You saw them not running once and you are saying they have not been running for quite sometime ? "` Mr. Soltesz again stated, "I say they have not been running for quite a while, yes. I am not talking about the one at the post office; I am talking about the one at the parking garage. The ones at the garage haven't been on for--I-would venture to say - -for a good three weeks." Legal Counsel, Mr. Butler, asked if he is referring to the lights or the pools, and Mr. Soltesz said the lights and the pools in the even ng. Legal Counsel requested we have someone check into this s. President Nimt directed Mr. Brownell to have someone from the staff look into the running of t e pools. At this pint, the items on the Agenda, under "Old Business" were next for discus- sion: 5. OLD BUSINESS a. ommission action on Plans for additional Plaza between Jefferson and ashington Streets, presented in Commission Meeting of,May 23, (Re: Item 8, ublic Hearing). R -66: otion was made by Mr. Wiggins, seconded by Mr. Chenney and carried, to efer action on this item until the next Commission meeting and requested t be placed on the next Agenda., b. ecommendation by engineering consultant for revisions to the two "B" Pools, e stainless steel and /or -Monel Metal mesh coverings, discussed in May 23 eetin (Re Progress Reports, 7b),_ R -66: r. Brownell read the letter from Mr. Thomas A. Oesterling, P.E., with lyde E. Williams & Associates, Inc., dated June 5, 1975 - -hand delivered o our office yesterday with the drawings showing two alternate proposals - 17 - 5. OLD PUSINESS (Cont'd o rectify the problems per discussion at the last Commission eeting. The problems are: 1) An alleged safety problem with rates existing and 2) A problem of debris plugging the intake ater return screen. lyde E. Williams recommends Alternate "A" per attached plan as solution to these problems and is the-least costly. The cost ould be from $3,000 to $3,500. lternate "B" is also an acceptable solution to the alleged safety roblem; however, the cost would be approximately $9,500 per esti- ate furnished to Clyde Williams by Kehr Iron Company, the fabricator f the existing anodized aluminum grates. he letter further states that the proposed woven wire screen, per iscussion in last meeting, is a solution to the problem; however, t is their opinion that it would not be in:: conformity with the esign aesthetics. r. Oesterling said a copy of this print is also in the hands of Mr. Rollin Farrand, City Engineer, who has reviewed it, but has no official omment to make at this time. 'He did say he didn't think much of our lan, so be it as it may. he Pool "B" pits (set of three's), one at each end of the Jefferson treet Plaza, with 1 -3/4" opening, there is considerable amount of ebris coming in from across the street and is sometimes giving mainte -, ance problems and the problem existing that people may get their eels caught in the grate. This can be allevated by placing plants at the edge of.the grates and the screen underneath the grate prevent- ing debris from going into the bottom of the pools, and would be a imple solution to that. The plan shows strategic locations for the lanters around the pools, guiding the pedestrians off the grates. this would be within the conformity of the design -- aesthetics of the lan--Alternate "A" solution. he Alternate "B" solution would be to remove the grates and let them efabricate the grates with additional bars in between. This would ave the same aesthetics, but would be costly. This would have to e taken back to the fabricator shop, recut and rE- anodized. This s a solution, but not in conformity with architects design aesthetics. ommissioner Wiggins asked if he proposes to place the screen underneath he bar grate, and Mr. Oesterling said it would be under tKe bar grate o catch the debris. One of the problems of the over -all scheme is the ights we have flashing upon the pillars at night. At night, these are eautiful. Mr. Soltesz agreed they are beautiful if they work. The ights are beautiful but have not been working for a long time. Mr. esterling advised with the wire- mesh screen, it will have a tendency o reduce some of that light, but there isn't any reason basically why his can't be done. With the screen underneath the grating, Commissioner iggins asked, "Wouldn't that still have the same effect on the lights ? " r. Oesterling said he is correct, it will have an effect on the lights omewhat, but not so much that it is going to deter the lighting. 5. OLD BUSINESS (Cont'd n reference to the trash problem in Pool "B Commissioner Wiggins said, As it is now, you have a problem and are removing the trash as much as hree times a day. --the debris that accumulates at the intake screen, which assume to be a small area - -no more than a foot square at the most. In- tead of that now, we are going to have to remove the trash three times a ay from the whole blooming thing. Instead of trash in a little pile, e will have it in a great b`ig pile. I'am afraid we are expanding our roblem rather than decreasing it. I think the basic' idea of the screen hat Ed had a sample of was more from a standpoint of preventing °someone f. catching a heel in there, unless you can sweep off any debris that ight get on top of it. Now, if you are going to have a screen under - eath, there is no sweeping off; you are going to have to remove the rates in order to get the debris off the screen." resident Nimtz requested Mr. Bill Slabaugh have a report by the next ommission meeting, his recommendation. r. Kagel said, "My comments are not directed to the Clyde E. Williams Associates or to Mr. Oesterling. My comments are 'directed, unfortunately, o the architect firm who designed this Plaza. We have had, on record, as r. Chenney knows, as Mr. Wiggins knows, of several occupational and safety ealth acts. Now, the architect, in the first place, should not have come p with that design to conform with the OSHA requirements, so as I said my omments are directed to the architect that is not here." President Nimtz greed, "That's true, John, but we got it; we're with it. Further, Mr. agel continued, "You got it; you inherited it. That thing should not have een designed. They were aware--the architect firms are aware of the ederal and thE: State OSHA requirements, and I think this is the thing hich is going to have to be cranked into the picture. The picture is beau - iful; but it says in the book, and I think with just a visit with just one f the Federal OSHA inspectors, they will come up with the answer. The irst one who is going to be sued is the: City of South Bend and the edevelopment Commission." resident Nimtz added, "Mr. Kagel, I was about to make the comment, and I pre - ume Mr. Butler will agree with me-- $9,000 is a lot of money, but when you et into a lawsuit, you might be glad to get rid of it for $9,000. rs. Allen added, "In spite of the aesthetics, there are a lot of things- - ncluding the trash- -why couldn't they just cut that wire mesh and lay t over the top right to the sides, set the flower pots there, and you have ept the people away. You've held the trash up on top, where you can get t it. It's very simple, and I don't think it will destroy the picture of hose fountains one bit. Commissioner Chenney agreed with her that she s right. President Nimtz' comment, "Well, Janet,'it depends on whether t curdles, or the youngsters monkey with.it; there are just a lot of un- nowns as to when you begin doing something like that that isn't permanently nchored." Mrs. Allen said it naturally would have to be wired or anchored o the grille that is already there. r. Oesterling said they also studied the raised curb idea, but again if hey would put a curb there, it would alert them, but `then ' they could stumble ver the curb and fall into it, so again you would have to do something to he grating, and again they do not believe it would "be in conformity with he design. - 19 - 5. OLD BUSINESS (Cont'd) rs. Allen said if they will place the flower pots next to thE: grille, t the edge of the concrete; as stated, the people'will not have room o walk.because the sidewalk isn't that wide. She suggested they be laced right on the edge of the grille and that would keep the people rom walking on the grille and not take away from the'sidewalk area. r. Oesterling said this can be done. r. Wayne R. Doolittle, WSBT -TV Reporter, asked if the screens will o all the way up to the concrete base, as at'this' time, the grates o not. If the screens are placed underneath the grates, if we will till have that 9" opening? Mr. Oesterling replied they would place he screens from the wall of the pit to the wall opening. The open - ng that exists would not remain open. r. Soltesz asked for clarification, "Am I understanding'it correctly, hat the grates will stay the same as it is now ?" Mr. Oesterling said ith Alternate "A" proposal, Yes. Mr. Soltesz said, "Well,.let.me ask ou this then, from the engineering side of it, are you aware of the OSHA equir-ements for the safety of the pedestrians in the walkways in the ountry - -.the OSHA requirements ?" Mr. Oesterling asked if OSHA covers hat grate, specifically? Mr. Soltesz replied, ' "It 'dure does. It does n walkways, on public thoroughfares. It most assuredly does, and I ould think that an enginering department would have this information." resident; Nimtz asked Mr. Slabaugh.if he has had a chance to digest these, as he understands that he got these on the 4th of June, but asked if his department has had a chance to go over these at all or ot? Mr. Slabaugh said, "Not really. No, not to make a report on." r. Soltesz responded, "One of the Commissioners, Don Wiggins, and I ook this particular walk, and I guess maybe Don and I just made it a ittle bit oversimplified on the basis of getting something done and ame up with the material and presented it here. The suggestion was ade of what may be done, and after listening to what I see here this orning, we got into a major renovation of the pools as they are, and think probably Don feels the same way. Now, we are talking about the esthetics of the wire screenings. If we go down just east about 50 eet of where we are talking about at the post office, the grating that as been repaired,has been put in on the sidewalk and standing up,is ery aesthetic - - because as you come along- -you better have balanced hoes to trip over the top of it to slide down on the other side." resident Nimtz said he agrees with him. Mr. Soltesz continued, "So, onsequently, I don't think anybody thinks much about the aesthetics, s the fact as maybe taking care of a brother -in -law or someone who is ut of work." r. Oesterling said he disagrees with that. "The alternate A proposal. s approximately the same price as the woven wire." Commissioner iggins said, "Well, the idea is to steer the people off,'but, actually, ou propose to-put a wire screen in there - -only you`are going to put t under the grates instead of on top of the grates, as I understand it. s that correct ?" Mr. Oesterling replied` the installation`` problem is ess difficult. Yes, the proposal is to place the screen underneath .he grates. = 20 - 5. OLD OUSINESS (Cont'd) hat 'we proceeded to make a larger project than what we have in the first place of taking care of .a remedy of somE.body not suing the ivil City of South Bend,'or a pedestrian or• a citizen of the City of getting hurt out there." resident Nimtz said that we don't have a report.from' the Engineering epartment, and frankly does not see how we can act on this one way r another until thE: Engineering Department gives us their recommends- ion. .egal Counsel, Mr. Butler, made the recommendation that the plywood be )laced back on the grille until a solution is determined. President limtz said that lawyers get- concerned about `''potential - liability in :hose things and that is Mr. Butler's concern here that something is 'iable to happen, and "this is, I think, what we all want to do is :o remedy this, and Mr. Butler's concern about. "the immediate situation s to prevent anything from happening until. we do arrive at a solution." : ommissioner Wiggins said it is still fresh in his memory when we )ut down two strips of a proposed surface material (Tartan) for the 'laza on a couple of areas on the sidewalk and people slipped and fell in it and they sued us. Ir. Brownell said there might be as much of a chance of people stumbling ever the plywood as on the grate. Ir. Butler requested if there is some way to place thE: planters out there Without anything to deter it. Mr. Slabaugh said if we follow the OSHA ,egulations, we can put 2" pipe railing there. They can put up nice looking iarricades up there and they would turn out beautiful and that would be temporary. , ommissioner Wiggins said he would like to do something temporarily to hold ,his up to take another look at that grating, as he said he thinks there light be some way to modify the existing grating, and not at the kind of xpense here stated,that would solve the problem. "I don't think you an settle that this morning, but that shouldn't be all that difficult. know guys that can get it done!" Mr. Soltesz added, "So do T, and .hey wouldn't need 16 meetings to get it done either!" Ir. Butler in summarizing the gratings said, "I think that generally, how - ver, and I don't know that the engineer's need defense. I think it was design, or potentially or possibly a design error, but generally through - ut the entire mall - -it was a very complex type of engineering project think it is one of the few safety problems -that we have and I do not now of ar.y othE,r specifically that resulted. Commissioner Wiggins greed and added, "To be completely honest with the thing, as complex s this is, the size as this is, we are lucky that we haven't had more roblems that we have had really. Tally -to anybody who has built a house ecently, and argue with the contractor. It always comes out that way." ommissioner Wiggins also asked Mr. Slabaugh° to'do something to protect s until we can do something with the grates, and Mr. Slabaugh agreed. egal Counsel asked Mr. Patrick McMahon if he has rooked at this yet, nd Mr. McMahon said it was not submitted through his office but if the ommission would consider tabling it until the 'next meeting, and also - 22 - 5. OLD OUSINESS (Cont'd) s. Derbeck's.question on whether we would be required to pay for this hen it was not properly designed or built to OSHA requirements, Presi- ent Nimtz. said he doesn't believe we can say that. He presumes it as constructed according to the architects plan and the overall plan as approved and this is one of the things that came up after it was n existence. Everyone has come into cognizance that it is a potentially angerous situation. The Commission authorized the construction accord - ng to the plan and we are bound by the plan Commissioner Wiggins stated here is also the possiblity at the time this was designed that the OSHA equirement at that time was not completely spelled out 'because this is pretty recent situation as far as Occupat tonal Safety and Health Act s concerned. Ms. Derbeck said that common sense would tell anyone that here are safety factors involved. Commissioner Wiggins said he is also nclined to agree with that. He would think that whoever designed it asn't thinking about the possibility of people catching thei -r heels in here when they were designing it, but rather were thinking about how it as going to appear, instead of the utilitarian bit of how it will react o people using it. Ir.Doolittle :asked then if the Board was also thinking along the same line - -not looking at the safety factor but going on' the ' recommendation that was made. The President requested Commissioner Wiggins to answer, and he stated, "We, basically accepted the recommendations of our design engineers. This is what we have to go with and I don't think we got into the picture of what would happen in terms of use until we saw it there and could see what was going to happen. Unfortunately, this is a'situa- tion you often find yourselves in. It's difficult to know how it is joint to work until you can see it. Mr. Oesterling wanted to add a word of defense - - "We, Clyde Williams, take blame for this also as we are a joint venture- -Clyde E. Williams & Associates and Environmental Planning and Design. The point brought up on the OSHA regulations, I don't know whether they were actually consummated at the.time of the design--'71 or '72; however, I do know that the grate that exists is not the first that nvironmental Planning and Design did and actually designed fcr construc- tion elements of Malls. It is somewhat of a standard, as was the design." r. Soltesz added, "I would like to say this: If we go through the inutes and picking at nobody - -since last October and in.Ahe minutes f the Commission, we have been speaking about the pools; we have talked bout the grates; we have talked about thE: mishaps that could occur in he public eye. In the last meeting that we had here, a piece of material as brought up with an informative booklet as to where it can be purchased- - ot that it was the ideal - -but it was a remedy. After reading all thE: aterial- -now I have to say this in a cliche -- there is only a 6" difference etween a pat in the back and a kick in the butt! That's exactly what I m getting here. The presentation was made; the material was laid out ere, in oversimplified form. One of the Commissioners - -along with myself- - ent out there and looked at the area; a recommendation was made to cut own a half inch off of the grate that is there. If it has to be anodized., is a touched up anodized process. The screening and the layer on top ould be bolted down, and it would be permanent, and ALL it would take ould be a squeegee to clean it off. Now, we are talking about flower ots; we are talking about all these other items; and grates to complex he whole item. Now the $3,500 or. $3,900 figure we had out here was en- arged, but it wasn't that great:: We got, and a statement was made here, - 21 - 5. OLD �USINESS (Cont'd --F f the Commission would wish a statement frcm.the Engineering Department ith respect to the disposition, or payment for this as well, they ould be more than happy to oblige us. is: ident Nimtz said he believes the appropriate action at this time 1) This be placed on the Agenda for the next meeting, 2) City Engineer's Office submit a`recommendation.report, and 3) Request City Engineer's Office to put on a barricade to protect the area until it is remedied. Mr. Soltesz said this is what was done the last meeting- -just exactly what is being said now. The Chair said the reason is that we do not have the City Engineer's report. Mr. Soltesz asked, "Did I understand Mr. Patrick McMahon properly that there was nothing in input into the City Engineering Department ?" Mr. McMahon answered, "That "s correct." Mr. Soltesz pointed out the fact stating that we have all these papers on the: wall with all the artistic drawings on it in the meantime, and that's only part of the load. President Nimtz said that we cannot act on this until we have a report from the Engineering *Department, and Mr. Soltesz answered, "That is my point, Mr. Chairman. You are right." Motion for the above rEquE -St was made by.Mr. Wiggins, seconded by Mr. Chenney and as we lost our other Commissioner, the motion was carried by the President. End of Old Business. 12. ADJOURNMENT There being no further discussion, motion was duly made by Mr. Chenney tha we adjourn, at 11:25 a.m. OW \ "; C. Wayne Brownell, Executive D f. gay mtz; Nresiaenz (SEAL) - 23 -