HomeMy WebLinkAboutRM 08-01-75August P, 1975
10:00 A. M.
Presidi g Officer:
1. ROLL CALL
Co missioners
Pr sent:
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
Mr. F. Jay Nimtz,
President
Mr. F. Jay Nimtz, President
Mr. A. Peter Donaldson, Member
Mr. Robert J. Cira, Member
1200 County -City Building
217 West Jefferson Blvd.
South Bend, Indiana 46601
issioners Mr. John E. Chenney, Vice President
nt: Mr. Donald A. Wiggins, Secretary
Legal Counsel: Mr. Kevin J. Butler
News Media: Ms. Jeanne Derbeck, South Bend Tribune Reporter
Mr. Dave Anderson, WNDU -TV Reporter
Mr. James L. Marchelewicz, WNDU -TV Photographer
Mr. Larry Ford, WSJV -TV Reporter & Photographer
Others Present: The Honorable Jerry J. Miller, Mayor, City of South Bend
Mr. Fred J. Helmen, Honorary Chairman, Redevelopment
Commission, City of South Bend
Mr. B. L. Wade, former Redevelopment Commissioner
Mrs. Janet S. Allen, Interested Citizen
Mr. Gene Evans, Civic Planning Association
Mr. John R. Kagel, Executive Director, Downtown
South Bend Council
Mr. Allen E. Schrager, Interested Citizen
Mr. Bill E. Slabaugh, Dept. of Public Works
Mr. Edward F. Soltesz, Chairman, Governmental Coordina-
tion Committee of River Bend Plaza
Advisory Committee
Mr. Lloyd S. Taylor, Interested Citizen
LP Staff: Mr. C. Wayne Brownell Mr. William J. Parrish
Ms. Helen S. King Ms. Joan Ragland
Mr. Keith P. Crighton Mr. Kenneth J. Schaller
Mr. Mark S. Davis Mr. Louis N. Wilcox
2. APRROVAL OF MINUTES
Mo ion was made for the approval of the Minutes of Regular
Me ting of July 18, 1975, as mailed, by Mr. Donaldson, seconded
by Mr. Cira and carried.
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MINUTES
APPROVED
3. APPROVAL OF CLAIMS
Mo ion was made by Mr. Donaldson, seconded by Mr. Cira and CLAIMS
ca ried, to approve the claims, as submitted, and they be allowed APPROVED
ani ordered to be paid, totalling: $57,008.32. The claims, as
au horized, are:
P.E.A. R-
C1 de E. Williams & Associates and Environmental Planning &
Design, Joint Venture $ 1,043.63
Total 1,043.63
REDEVELOPMENT REVOLVING FUND
Payroll: June 28, 1975 through July 11, 1975 $ 5,112.18
I. 3.M. Corproation
Pe ice, Dickens & Heeter, Inc.
Sw eney, Butler & Simeri
Ma ielski Art Shop
Ur an Planning Assistance
MO EL CITIES EXTENDED SERVICES
Relocation Claims
Ed in Jones and Jessie Jones (Replacement Housing)
71 LaPorte to 1013 Adams
Edwin Jones and Jessie Jones (Dislocation Allowance)
71 LaPorte to 1013 Adams (Moving Claim)
Eta Weiss (Dislocation Allowance)
2212 Bertrand to 714 N.Olive (Moving Claim)
Etta Weiss (Replacement Housing)
2212 Bertrand to 714 N.Olive
N.Q.P. A -10
it Estate Purchase
Ed and L. & Marie Ciesiolka, (Parcel 76 -4)
230 East Paris Street
Relocation Claims
Be trice Marsh
Be trice March
Be trice Marsh
20 East Paris Street
(Moving Expense)
(Dislocation Allowance)
(Down Payment Assistance)
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48.46
3.00
200.00
19.25
6,841.85
15,000.00
200.00
230.00
200.00
230.00
13,500.00
Total $41,584.74
Total
$ 7,750.00
195.00
200.00
2,000.00
10,145.00
3. AKIROVAL OF CLAIMS (Cont'd)
BU EAU OF HOUSING E -7
R.
E. Carlton, Inc.
$ 46.84
In
iana Terminix Company, Inc.
10.00
Or
in Exterminating Company, Inc.
254.00
Orin
Exterminating Company, Inc.
268.00
Total $ 578.84
RE
EVELOPMENT DISTRICT CAPITAL FUND
Al
Batcho
$ 3,426.00
Total $3,426.00
RE
EVELOPMENT DISTRICT CAPITAL BONDS OF 1972
Acne
Air - Filter Service Corporation
$ 10.00
B.
& B. Trash Removal
48.00
So
th Bend Hardware
154.13
So
th Bend Water Works
17.98
Total $ 230.11
4. C
a.
GRAND TOTAL $ 57,008.32
NICATION
HUD Area Office letter dated July 21, 1975: This letter,
over the signature of Mr. Stephen J. Havens, Acting Director,
Community Planning & Development Division, is in response to
our letter requesting concurrence on relocation payment to
One -Hour Martinizing, Inc., Parcel 10, Project Indiana R -66.
Mr. C. Wayne Brownell, Executive Director, Department of
Redevelopment, advised that HUD had previously denied this
claim based on fact that two requirements were not done,
and HUD has now waived both of the objections and approved
the claim:
1) Based upon the review of documentation submitted by you,
the requirement that prior HUD concurrence must be re-
ceived before partial payment of a claim exceeding
$10,000 may be made is hereby waived.
2) Based upon the review of documentation submitted by you,
a waiver of the six months time limit is hereby granted.
Motion was made by Mr. Donaldson, seconded by Mr. Cira and
carried, that the above correspondence be received and placed
on file.
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HUD CONCURS
RELOCATION
PAYMENT to
ONE -HOUR
MARTINIZING,
INC., R -66
5.
a
INESS
a. Petition to the Board of Public Works: This Petition is PETITION TO
to vacate all streets, alleys, and lots, heretofore not VACATE AP-
vacated, as per proposed Plat of River Bend Addition to PROVED, R -66
the City of South Bend, St. Joseph County, Indiana,
Project R -66.
Mr. Brownell advised, in the last Commission Meeting, the
Commission authorized him to write a letter to the Board of
Public Works to withdraw the Petition dated April 29, 1975,
and in lieu thereof two separate Petitions are to be filed:
1) To vacate: To be filed with the Board of Public Works.
2) For replat: To be filed with the Area Plan Commission.
The Board of Public Works has received and approved this re-
quest to withdraw the Petition, and said Petition has been
returned to us.
The new Petition has been prepared that is to be filed with
the Board of Public Works (copy in the Commissioners' packets)
for the vacation and Commission authorization is requested for
this action. The Petition for the replat may be ready for
Commission approval at the next Commission meeting; that, in
turn, will be filed with the Area Plan Commission.
Motion was made by Mr. Donaldson, seconded by Mr. Cira and
carried, to authorize the President and Secretary to execute
the Petition to vacate all streets, alleys, and lots, hereto-
fore not vacated, as per proposed Plat of River Bend Addition
to the City of South Bend. Said Petition to be delivered to
the Board of Works for filing.
BUSINESS
a. Commercial Lease: Commission authorization was reques
enter into Commercial Lease with Nautilus Construction
to use the former automobile service station building,
Disposition Parcel No. 6 -1, commencing August 1, 1975,
rental amount of $25.00 per month, (payable on the 1st
of each month in advance), with rental basis: 10 days
10 days, Project Indiana R -66.
ted to COMMERCIAL
Company, LEASE AP-
on PROVED,
in NAUTILUS
day CONSTRUCTION
to CO., INC.,
R-66
Mr. Brownell advised this building had been damaged by vandals
and the Nautilus Construction Company has agreed to repair the
building at their own expense, and will pay us $25.00 per
month, to use this building as their site office while they
are working on the Plaza Park. Nautilus Construction Company
is the contractor for our Dredging Contract No. 1 and Plaza
Park Contract No. 1, R -66. Nautilus Construction Company has
been advised any improvements placed on the building will be-
come the property of the Department of Redevelopment.
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6. NEW BUSINESS (Cont'
Motion was made by Mr. Cira, seconded by Mr. Donaldson and
carried, for authorization to enter into the above Commercial
Lease with Nautilus Construction Company and the President
authorized to execute the Lease.
b.
Change Order No. 1 to Plaza
Park Contract No. 1: Commission
CHANGE ORDER
Com-
approval was .requested of
this Change Order, which
is for a
NO. 1 TO
which
decrease in contract amount
of $10,647.50, with the
Nautilus
PLAZA PARK
East
Construction Corporation of
Elkhart, Indiana, or an
adjusted
CONTRACT NO. 1
an increase in contract amount of $133.00,
contract amount with Nautilus
of: $198,558.50, in
Project
APPROVED, R -66
Madison Builders,
Indiana R -66.
total
E -7
Mr. Brownell advised that we reduced the amount of work they
were to do, which was done prior to the awarding of the con-
tract by the South Bend Park Department and the Board of
Public Works. This reduction has been agreed to by Nautilus
and was requested through our consulting engineer, Lawson
Associates. The existing items of paving were removed, which
amounted to $8,610.00; sidewalk removed, which amounted to
$2,037.50, or a total decrease of $1.0,647.50 to their con-
tract.
Motion was made by Mr. Cira, seconded by Mr. Donaldson and
carried, for the approval of Change Order No. 1 to Plaza
Park Contract No. 1, for a decrease in contract amount of
$10,647.50, with the Nautilus Construction Corporation,
or an adjusted contract amount of: $198,558.50, subject
to HUD and Legal Counsel approval.
c.
Change
Order No.
2 to Rehabilitation Contract No. 5:
Com-
CHANGE ORDER
mission approval
was requested of this Change Order,
which
NO. 2 TO
is for emergency
plumbing and carpentry work at 610
East
CONTRACT 5
Ohio
Street, for
an increase in contract amount of $133.00,
APPROVED,
with
Madison Builders,
Inc., or an amended contract
total
E -7
of:
$4,814.00,
Project E -7, Bureau of Housing.
Mr. Mark S. Davis, Chief Inspector, Southeast Project E -7,
Bureau of Housing, advised that on July 18th, he had in-
structed Mr. Richard Madison, Madison Builders, Inc., to
proceed with the emergency plumbing and carpentry work as
outlined in the Change Order. Upon completing the plumbing
work listed on the.contract, the plumber filled the tub with
water and the water began leaking from under the tub. As
this was a second -floor bathroom, the water was threatening
to damage the first floor closet ceiling. In addition, the
hazard of waste water contaminating food and drawing insects
needed to be corrected immediately.
Motion for the approval of Change Order No. 2 to Rehabilita-
tion Contract No. 5, for an increase in contract amount of
$133.00, with Madison Builders, Inc., was made by Mr. Donald-
son, seconded by Mr. Cira and carried. C.O. subject to
Legal Counsel approval. Amended contract total: $4,814.00.
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6. NEW BUSINESS (Cont'd
d.
Change Order No. 1 to Rehabilitation Contract
No. 33: Com-
CHANGE ORDER
mission approval was requested
of this Change
Order, which
NO. 1 TO
is for aluminum facia, at 1311
South Fellows Street, for
CONTRACT 33
an increase in contract amount
of $133.40, or
an amended
APPROVED,
contract total of: $5,856.45,
with Ted Combs
Decorating
E -7
& Construction Company, Project
E -7, Bureau of Housing.
Mr. Mark S. Davis, Chief Inspector, Southeast Project E -7,
Bureau of Housing, advised the facia on this house was done
in an unusual manner, as asphalt shingles had been nailed
to the roof and siding. The contractor was to paint the
siding and the roof trim and was forced to remove this patch
work to complete the job in a workman -like manner. He suggests
the 8" aluminum facia should be installed around the entire
structure to provide a proper facia and insure proper ventila-
tion, etc.; also to provide a water barrier. The aluminum
facia is available in white to match the color of the siding
and trim neatly.
Motion for the approval of Change Order No. l to Rehabilita-
tion Contract No. 33, for an increase in contract amount of
$133.40, with Ted Combs Decorating & Construction Company,
was made by Mr. Cira, seconded by Mr. Donaldson and carried.
The Change Order is subject to Legal Counsel approval. Amended
contract total: $5,856.45.
e.1 Change Order No. 1 to Rehabilitation Contract No. 43: Com-
mission approval was requested of this Change Order, which is
for the removal and replacement of 62 lineal feet of lx4 facia
and framing members on five windows, replacement of two drip
caps, and the painting of wood installed. This is for an in-
crease in contract amount of $118.86, or an amended contract
total of: $5,268.86, with Barany Heating & Sheet Metal of
Mishawaka, Project E -7, Bureau of Housing.
Mr. Mark S. Davis, Chief Inspector, Southeast Project E -7,
Bureau of Housing, advised this contract calls for the paint-
ing of the windows of the home and the staff feels the broken
and rotted facia, drip caps and the framing materials should
be replaced before they are painted. Several windows have
either broken or rotted peices in them.
Motion for the approval of Change Order No. l to Rehabilita-
tion Contract No. 43, for an increase in contract amount of
$118.86, with Barany Heating & Sheet Metal, was made by Mr.
Cira, seconded by Mr. Donaldson and carried. The Change
Order is subject to Legal Counsel approval. Amended contract
total: $5,268.86.
CHANGE ORDER
NO. 1 TO
CONTRACT 43
APPROVED,
E -7
6. NEW BUSINESS (Cont'd
Pertaining to the above change orders, Mrs. Janet S. Allen raised
the following questions: "How come none of these are discovered
before these bids are taken for these rehabilitation contracts,
and all of these changes are being made after the bids are re-
ceived and the contracts awarded? I wonder why they have to come
back and amend these by additional change orders. The inspectors
and staff should realize some of the existing conditions, and
what kind of plumbers do you hire that you end up with leaky
pipes?
To the plumbing leak, Mr. Mark Davis responded that it was in the
drain line. That it was inside the wall and they had to actually
open up the wall to find it. It was the plumbing there. They
check the work out and test it if they can.
The asphalt shingles nailed to the facia are certainly visible
and Mrs. Allen said the inspectors should certainly be able to
see those. Mr. Keith P. Crighton, Director, Bureau of Housing,
E -7 Program, advised, "As far as the shingles are concerned on
this, specifically on the facia, our inspectors do not actually
get a ladder and get up on the roof. A lot of times, the condi-
tion of the roof cannot be seen until after the roofer starts
the job."
Commissioner Cira asked, "How about the windows then ?" Mr.
Crighton said these inspections were done last last year, and
our staff right now is trying to answer now for those inspections.
Mr. Mark Davis added that he has been working with the staff and
in training them to have them put everything down that is most
important, and that they have been making progress in later in-
spections. "We are getting better inspections and higher quality,
and I don't think we will have these types of problems in the
future."
7. PROGRESS REPORTS
a. River Bend Plaza Activities, R -66: President Nimtz welcomed Mr. ACTIVITIES
Louis N. Wilcox, Director, River Bend Plaza, and asked Mr. Wilcox REPORT,
how many more days he had with us, and that we shall miss his RIVER BEND
smiling face. Mr. Wilcox said that it is about 26 days. PLAZA, R -66
A copy of the River Bend Plaza activities schedule was in all
the packets through the month of August. In explanation of the
Coca Cola Cannon, scheduled for August 27th, from 11:00 to 5:00
p.m., in the 100 block of South Michigan Street, Mr. Wilcox ex-
plained this is sort of a carnival coming to town and that instead
of firing a man out of a conventional cannon, the Coca Cola Company
has come up with a 'great big coke bottle' in lieu of the conventional
cannon. They will not fire a man out of the cannon. The firm will
be serving free coke.
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7. PROGRESS REPORTS (Cont'd
b.1 Staff Reports:
1) E -6, Model Neighborhood Code Enforcement Project Report:
This written report was submitted by Mr. John Davis, Project E -6
Director of the E -6 Program, in which he advised two (2) PROGRESS
contractors are presently engaged in physical rehabilitation. REPORT
A total of four (4) homes were rehabilitated during the month
of July.
The E -6 Office has moved from 1002 West Thomas Street to:
521 North Eclipse Place, on July 28, 1975.
2) E -7, Bureau of Housing Report:
This written report was submitted by Mr. Kenneth J. Schaller, E -7
Project Director of the E -7 Project, Bureau of Housing, PROGRESS
Southeast area, in which he advised the month of July has REPORT
been one of transition for the E -7 program. Applications
under Federal Revenue Sharing have ceased and staff is
presently taking applications under Community Development
guidelines. Data sheets needed to record required informa-
tion have been developed and presently the guidelines for the
program are in the process of final revision. Property data
sheets have also been completed on all homes (over 800) in
the project area. Each sheet contains definitive information
about the structure which will be extremely helpful to the
program. From this data sheet, letters of application will
be sent to the residents informing them of the program and
its objectives.
During July, there have been 17 homeowners who have applied
to the program. At this time, 25 Notices to Proceed have
been issued to contractors. Several preconstruction confer-
ences have been held during the month and work has finalized
on eleven houses.
The coming months will be bringing steadily increased activity
in the project area to complete those homes in progress plus
to initiate actions required before bidding procedures can
be activated on the new program applicants.
3) Relocation Progress Report:
This written report was submitted by the Relocation Staff -- RELOCATION
Ms. Billie Wesley and Ms. Ann Owens, for the month of July: PROGRESS
REPORT
City -Wide: Referrals are being accepted from the Environ-
mental Protection Bureau and added to staff
workload. The people, however, will not be
contacted by our office until funds become
available.
7. PROGRESS REPORTS (Cont'd
3) Relocation Pro ress Report (Cont'd):
S.E., NDP A -10: Workload - four families, three individuals.
One family is in the process of purchasing a home.
Staff has had no contact with persons residing at
230 E. Paris Street.
Model Cities Extended Services: Workload - three families. One
family purchased a home. Staff working with re-
maining families.
E -7, Bureau of Housing Program: Workload - three families. Staff
is working with two of the families. One family
is not interested in relocating.
Model Cities Sewer Separation: Workload - two families, one indi-
vidual. The one individual moved July 18th. One
family is expected to move July 31st.
8. PUBLIC COMMENTS
a. Letter dated August 1, 1975, to the South Bend Redevelopment
Commission, from Mr. Harrison Miller: Ms. Jeanne Derbeck, South
Bend Tribune Reporter, said she has a "copy of a letter written
by Mr. Harrison Miller, a former staff member here, to the Re-
development Commission, and I am wondering if you have received
this letter ?"
Mr. Brownell said he has not seen the letter. President Nimtz
stated he received the letter about 9:57 a.m., as he walked
into the Commission Meeting this morning.
Mr. John R. Kagel, Executive Director of the Downtown South Bend
Council, asked if Harrison Miller is still an employee of the
City, or administration; what Mr. Miller's position is now, and
whether it may be in the development business; Ms. Derbeck asked
what Mr. Miller's position was with this Department? In answer
to the questions Mr-Brownell advised Mr. Miller has not been
with our Department as of December 31,1974, and that Mr. Miller's
present employment is unknown. Mr. Miller's position with the
Department of Redevelopment was Assistant Director in charge
of Acquisition at one time, and later in charge of program assign-
ments.
President Nimtz, in reply to Ms. Derbeck, advised as he just re-
ceived the letter prior to the meeting this morning, he will refer
this letter to Mr. Brownell and Mr. Butler for review and report
to the Commission at the next meeting. It is inappropriate, at
this time, to make any comment concerning Mr. Miller's letter
as to what procedure he recommends to proceed. Of course, any
citizen can make suggestions to the Commission, and we are pleased
to have them; but as to his specific recommendations the Chair said
the staff should look them over, and particularly our Commission
Legal Counsel, as to what procedure we should use.
8. PUOLIC COMMENTS (Cont'd
Ms. Derbeck said the letter brings up some interesting points,
and that Mr. Miller is questioning some things, which, she,
personally, has already questioned; e.g., the procedure in which
you are handling these bids,,and "he brings up also the fact that
he believes you haven't made an effort on a national level -- national
advertising - -to get developers for Block 6."
President Nimtz again said he didn't think it appropriate to get
into the thing this morning without the full knowledge, but "I will
say this, the Mayor has kept me advised all through the winter and
spring as to the contacts he had made throughout the nation concern-
ing possible developers and people he has been meeting with to inter-
est them in Block 6 that he could, but with the status of the economy
no one that he had contacted was interested in expanding or developing
at that time. It has been my experience in my law practice, in cer-
tain ventures in which I am involved in, that this has been the situa-
tion not only here but in other places in the country that anybody
who has been thinking of building has postponed the thing."
"Whether you want us to know about the deals or not, I am sure you
could say," Ms. Derbeck said, "he says, 'without benefit of any kind
of national sales or promotional campaign' - -I am sure - -he means
advertising—national advertising. For Block 6, you could say
whether you had national advertising campaign to get bidders for Block
6." Mr. Allen E. Schrager said, "Obviously, they did not; unless
they put it in some newspapers no one ever reads.
Mr. Kagel directed his statement to the Chair, "Mr. President, this
letter has apparently been printed in huge quantities because the
signature is even a printed signature, so apparently there is some-
thing that doesn't meet the surface of this particular letter. I
think this man had been, at one time, an employee of this Commission.
Rather than dealing in innuendo, or high and sky -type thing, I think
it would have been most appropriate that if he has this expertise,
that he should at least have been rather specific about it. He hasn't
been specific. I am only thinking in terms of a lay person. You know
it is very easy to verbiage, but let's get down to the nitty - gritty
specifics that he has in mind. I think we discussed this several
weeks ago that the availability of Indiana R -66 land in the nation
was made to the developers around the country. I am not an expert in
this, but, as I recall, all urban renewal projects in the country
are in some type of a legal document which is released by the Federal
government, so I think he should be more specific in what he has in
mind on specifics."
In response, Mr. Schrager stated, "Mr. Nimtz, the only comment I am
making is: I think that is sort of ridiculous! I think the point
he is making is that when you advertise for bids that it should be
put in, e.g., the Wall Street Journal, or the Chicago Tribune, or
some national -type of advertising, so that maybe we could get some
other bidders." Mr. Kagel said he has a point there, but... Mr.
Schrager interrupted... "It isn't my point, but it is a point that
he made in his letter, and I don't see what the fact that the R -66
is registered with the Federal Government, what that would have to
do with the bids. How would anyone know that there was going to be
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8. PUBLIC COMMENTS (Cont'd
bids taken, if you don't advertise ?" Mr. Kagel said, "You have
a point, Mr. Schrager, and I think that the specifics are what
you probably want to get into here." Ms. Derbeck stated, "I think
he has been very specific, myself."
In response to Mrs. Allen's question whether some time back we had
a national person working on this with that incentive and that there
was money for national advertising for this project for people to
come in for use of the land, Mr. Brownell advised, "So far, from
the advertising that we have done, we have never received a bid
on any advertising for the sale of a parcel. Every parcel that we
have advertised was without a bid. There were no bidders. The
first parcel we did that was on Disposition Parcel 4 -66, there were
no bids; there never was a bid on that. The second Disposition
Parcels were: 9 -1, 9 -8 and 9 -9. They were advertised; there were no
bids and we have never had a bid on it since that time, so we are
experienced with advertising. We have advertised and it has not been
very good so far. Our money seems to have been wasted. Now, instead
of doing that, we have made contact by telephone and by letter with
known developers about these various parcels instead of using adver-
tising in newspapers. I don't know whether the people don't read
the newspaper, or the developers don't read the newspapers, but
we have not received any bidders through the advertising.
In response to Ms. Derbeck's question on our having a business con-
sultant at one time, Mr. Brownell advised that we have real estate
consultants now and have had right through, but they did not recommend
national advertising. He said he has not seen the letter as yet.
President Nimtz stated this will be placed on the Agenda for the next
meeting, and that he will have copies of the letter made for Mr.
Butler and Mr. Brownell for their comments at the next meeting.
b. I Dredging Contract:
Mr. Brownell asked Mr. Bill E. Slabaugh, the Project Engineer,
to advise how the dredging contract work is coming along. Mr. Slabaugh
stated the dredging is 50% completed, and we are setting slope stakes,
etc., for the gabions which is the next step, and the reason that it
is 50% completed is that he is done in the water but he has material
on the bank that needs to be hauled away, so as of yesterday, 4:00
p.m., he's submitted for 50% of his excavation. They started the
work last Thursday afternoon; worked that Thursday, Friday, and each
day of this week, and are working now.
The question of the trees was brought up by Mrs. Allen, which involved
two different contracts. The one tree that is in the waterway is
being saved now, per Mr. Slabaugh, but will come out later in the
Plaza Park contract. The tree is in the way for the boat dock. The
design engineers and architects have designed and specified what is
to be removed. There seemed to be confusion on the Park contracts
and Mr. Brownell advised the Dredging Contract is what we are
discussing now that is going on now under the Colfax Bridge; awarded
to Nautilus Construction Corporation; Plaza Park Contract No. 1, awarded
to Nautilus Construction Corporation; Plaza Park Contract No. 2, awarded
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8. PUBLIC COMMENTS (Cont'd
to Foegley Landscape Company; Plaza Park Contract No. 3, awarded to
Colip Brothers. The Plaza Park is from Jefferson to Monroe Streets,
and the Pier Park is between Colfax Bridge and the Island Park.
C. Plaza Fountains
President Nimtz brought up the subject of the fountains and stated
he has been inspecting the fountains the last two weeks and every
time he has been on the Plaza, they have been functioning very well.
He didn't know whether to open this subject for discussion again
or not, but asked Mr. S1abaugh if he has any comments to make on
the fountains, who replied that they have not had any major problems.
The Chair's question to Mr. Soltesz as to whether he'feels, in his
inspections, if everything is all right, Mr. Soltesz's response
was a "No" and in asking for the reason, the question was directed
to the Chair for answer: "When was the last time Mr. Chairman tried
to take a drink along the River Bend Plaza area, out of the water
fountains that are installed there ?" President Nimtz said that he
understands there is a problem with the drinking fountains, there
is some vandalism, that there has been a leak in front of Robert-
son's area, and that the engineers are trying to fix that.
Further, in reference to the drinking fountains, Mr. Soltesz added:
"I sit here and I listen to leaks in pipes and you people make the
investigations and I hear remedies of why things happen when pipes
are frozen, but this was brought to the attention of this Commission,
back in April, when the people were working on the water fountains.
In fact, it was four (4) hours after they were installed that they
were not working. At that time, there were people on the Advisory
Committee of the River Bend Plaza that were told, that through this
Commission, and other people in the City, that those would be taken
care of, and up until now... now this is in April ... now we are in
the month of August. I would think that somewhere we have a faucet
to put on there. I know that the aesthetics are very popular by
the design plan, but a little child that would like to take a drink
of water would care less if he could just turn the water on or off.
Aesthetically, he doesn't care - -all he wants is a drink of water,
and his mother and father would like to give him some. It seems
ridiculous to me that it would take from April to August to get two
faucets fixed -- whether they would be leaking, or that it could be
turned on so that somebody could stand there... without getting
their feet washed...at the same time they are trying to get a drink!"
Mr. Slabaugh advised that in April, the parts were ordered by Ideal
Consolidated, the subcontractor. Mrs. Allen stressed parts should
be kept on hand in case there are repairs and can't see,why we have
to wait until something goes wrong and then order parts. "This is
ridiculous for this sort of thing; it is unbelievable." Lengthy
conversations followed on the parts, whose responsibility it is
to see that the fountains are repaired, maintenance and warranty
contracts, retainage, etc., and that the contractor still has the
obligation, under his maintenance contract, to maintain it.
- 12 -
8. PU$LIC COMMENTS (Cont'd
Mr. Soltesz agreed Ms. Derbeck has 'a fine point here of responsibility,
and "not taking a slice at anybody, but surely all of the people sitting
in this room that are in the employ of somebody -- either for themselves
or some other person - -has a responsibility to do a specific job for a
payday, whenever it comes, whether once a month or whatever. This
same area of government responsibility is attributable to someone
in this community. It shouldn't be for Mr. Soltesz; Mr. Chairman,
or somebody to jump up and down in one of these meetings to find out
whether the pools are going to be fixed, or to make recommendations
as to materials to be used, [such as the material I suggested for the
fountain gratings at the old post office building, that was returned].
Now we are getting to a point of being asinine. We have people that
we employ to do this. Now, surely... somewhere, somehow ... we have to
find the guy that is responsible, or persons that are responsible,
for finding out why these things aren't being done, and I think the
time of the commedy of saying, 'well, Soltesz, Ms. Derbeck, Kagel,
or whoever it may be that bring up a point, thanks for your telling
about it here' ... and that's the end of it. I sat here as a part
of the group of people who said 'we want the job completed.' We
were assured as the public ... we were assured that it would be com-
pleted...and here we are from April to August, and we can't get two
(2) doggoned drinking fountains fixed, because...now... we are still
passing the buck as to who is responsible and who is not. All we want
is the fountains fixed; all we want is to have them work. Mr. Chair-
man, just being in the way, wouldn't it be just as simple to have
whatever we have to do to get something operating and get that done,
and then take care of all this legal paraphernalia, and go through
'16,000 committee meetings' to decide who is going to make that
expeditious; let's give that kid a drink of water out there on the
Plaza."
"No more than four (4) hours after the drinking fountains were in-
stalled, they did not work, and I think the public is due something
on this, and not expeditious -type of meetings and all kinds of
committee meetings that go down the line to get anything done. The
public could care less on what you have to do; all they care about
is what they have coming." If nothing is done, the other alternative
Mr. Soltesz suggested, "remove the drinking fountains that are not
working so that they will not be a point of object there. Let's
take the two of them off, and not have them stand out there like a
sore thumb." President Nimtz said, "Now, here again, that would be
the Board of Public Works that would have to remove those. We don't
have the authority to remove them." Ms. Derbeck questioned why this
would come under the Board of Public Works responsibility as it is
her understanding that the Plaza has not been formally turned over
to the City. Mr. Brownell advised that we have turned over the
completed portions of the Plaza and the Board of Public Works has
accepted those portions. The Hickey Company has certified that
they have completed their contract, but we are still keeping the block
that is not completed and we will have a contractor build that. The
formal part has not be entirely completed--technically speaking- -but
the Board of Public Works has taken over the lighting, maintenance,
cleaning, etc. They have actually taken over officially and are paying
for it, and the people that are doing the work are working for the
Board of Public Works and have control over it. The Hickey Company
- 13 -
8. PUBLIC COMMENTS (Cont'd
contract provides there be a one -year maintenance on the mechanical
things and three years on the balance of it, and they hold the
subcontractor responsible. The malfunctioning of the drinking
fountains is within the one -year maintenance period.
Bill Slabaugh with the Board of Public Works verified Ed Soltesz
is correct on the drinking fountains; the problem did come up right
away, and the parts were ordered right away. On Ms. Derbeck's
statement that there has to be someone with the responsibility to
see that the things are operating, to do it and to do it now, Mr.
Slabaugh stated, "But that person that you are pointing a finger
at, better HAVE THE AUTHORITY to carry out that finger pointing
for the responsibility."
Further lengthy discussions and questions ensued with the question
directed to Legal Counsel by the Chair to explain-the legal ethics
involved on the bond plan. Mr. Butler advised that if Ideal Consoli-
dated cannot deliver or get delivery of the parts, through no fault
of their own, then we cannot enforce the maintenance bond at this
time. If it is a matter of Ideal simply sitting on their order of
April and not having taken any action subsequently, then they have
been dilatory. Also, at this point, if there are any other problems
with the Plaza, "to let us know today, so it can be taken care of.
I think the fountains have been taken care of - -if I am not mistaken
all the fountains are running, but, basically, I think that the Plaza
is 99% operational and a people place."
Constructively, Mr. Soltesz said, "I don't disagree with this. I
am talking on the public side of it, and I have about 4,200 retirees
with some of them coming downtown and asking me how do we get a drink
of water. It becomes a laughing stock to my piers that I have to
answer to also ... because I can't answer it ... because I can't speak
legally to them. The only thing that they want is a doggone drink
of water; now, isn't that ironic! And a place to sit down. And,
if the trees are dying, they want to know about this also. I am
not a horticulturist to answer why the tree is dying. What I am
saying here is that if we have to explain to the little people of
this community the legal aspects of it, then we've got it all
wrong... because this is not my responsibility. Being a part of
the public that lives in this community that tries to make it grow,
and I am not making a grand -stand speech about it, it is quite
irritative when you are out here with the people."
Mr. Butler said if there is any other way to repair it on a temporary
basis - -if Ideal feels there is another way -- then, of course, it
is something we can have them do. We can require them to do.
Mr. John R. Kagel, Executive Director, Downtown South Bend Council,
suggested, in the legalistic area, if possible or feasible, to have
the contractor put in writing what is the part, or what is the problem,
why the drinking fountains are not working, and have something legal
to work on. The comparison was made with the statement that for
the lack of a 10� screw, we lost a multi - million dollar rocket at one
time.
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8. PUOLIC COMMENTS (Cont'd
Mr. Butler said we can't say the contractor hasn't performed on their
contract because the drinking fountains aren't working. There has
been other problems and there inevitably are problems in a project
of that scope. Thank God, for people Tike Mr. Soltesz who are here
to tell us about it. But tell us about it, then let's get the
problem defined. 'We are asking to have it defined, within the
next two or three days, and 'then we can act from that point.
Legal Counsel requested Mr. Bill Slabaugh to basically get all of
the questions answered through Dan Akin, Clyde Williams & Associates,
engineering consultants, as to the circumstances for the cause of
the delay, whether the parts were ordered in April, whether the
parts have been delivered and if not why, if they have been de-
livered then why they have not been installed, and to give the in-
formation to Mr. Brownell.
d.l Continuous U and Plaza Maintenance:
Ms. Derbeck asked about the Continuous U and why the neon lighting
has not been working for some time.
Mr. Louis N. Wilcox, Director of the River Bend Plaza Office, said
he had remained out of the discussion, until Ms. Derbeck asked this
question, and that "I too had been reminded-by.numerous citizens- -
one who came down four times to see the Continuous U- -and I would
guess, without being real snide, one of my reasons for leaving on
August 30th is that 'I don't understand all of these things that are
going on, so, without knowing the system, I took the liberty of
calling Mr. Colip about the Continuous U. Two days later, Mr. Colip
came down.with North American Signs, and the Continuous U is now
working. It was a very simple adjustment. I'am sure had we gone
through the system that we are going through with the fountains- -
the drinking fountains - -which is a very sore spot with me - -we would
still be waiting. I have made public statements that I can get
them fixed this afternoon. But, that is the point that I have tried
to make- -there is absolutely no line of communication, nor responsi-
bility for some of these things. Now, it is perfectly ridiculous
the Continuous U, the fountains, the drinking fountains, and all
this sort of thing - -and in all this day and age- -and someone says
four months later that you can't get a part; that's NOT true. If
we have to replace those fountains, those people are not out of
business; believe me, we can go to Canton, Ohio, or wherever they
are made, and buy the pieces we need and put them in right here
in South Bend, Indiana. And, that's part of the problem down there.
You run into road blocks, everybody makes reports, and NOTHING
happens! If I'd understood the system and I would have to go
through this, the Continuous U would be out for another three
months."
Mr. Soltesz added, "Mr. Chairman, once again, ...see... the respon-
sibility falls upon you, Mr. Chairman, and that's a bad and sore
spot to be in. Ms. Derbeck's question on the Continuous U, you
know, to this day, I- haven't seen the light on that, and everytime
I seem to be down there, it isn't on, but I have accepted this, be-
- 15 -
8. PUBLIC COMMENTS (Cont'd)
cause other people tell-me it does work. Mr. Wilcox has assured me
that what he just got through making is a statement that they did
comedown and make the adjustment whatever it was at that time- -
because I °had spoken to him about it and he did get on the phone and
talked to Mr. Colip to take care of it, but I have not, as at this
time, seen the neon lighting on." Mr. Wilcox said'he was assured
that it will be taken care of and that he did check it for three
days after the men were there and the lights were on.
Ms. Derbeck's reference to the drinking.fountains being a news item
and the editorial that the Plaza is starting to drag, Mr. Butler
stated, "One of the specific problems, and I hope we can attempt
to resolve it, or in the light of the bad drinking fountains, my
understanding is that the Redevelopment staff'has gone from approxi-
mately 60 to, as about a week and a half ago, all the staff that is
left is five (5) members of the staff, and none of these are respon-
sible for that. We will have to develop a line of communication.
If the Department of Public Works is responsible to see that the
Mall is operating, we will have to develop that line of communica-
tions." Mrs. Allen asked why they were not developed earlier.
Mr. Butler said we will try to get the drinking fountains resolved,
and that this is the first time he is hearing this problem, with
Mr. Soltesz again adding that he had mentioned they were not work-
ing in the month of April, and it was not followed up.
e.1 Block 6 Bid:
Mr. Allen E. Schrager asked "if the Commission has decided yet,
whether or not to accept or reject the bid that they received
on Block 6, or when you intend to make such a decision ?" Presi-
dent Nimtz advised that no decision has been made at this time
and does not know when they will make that decision. Mr. Schrager
also asked if the Commission has been advised by our Legal Counsel
yet whether this bid meets the requirements of our Department and
HUD, and the answer by the Chair was that we have been advised
that there are certain specifics that are being discussed with HUD
and our consultants as to whether it meets the requirements, and
he did not know whether all of those have been ironed out or not.
Further questions by Mr. Schrager was, "So actually you don't know
at this time whether you have a good bid or you do not have a good
bid, or whether it qualifies or not ?" President Nimtz stated that
that is correct, and the opinion of our Legal Counsel right now
is that he feels that it does not fully qualify; that there have
been discussions between him and the bidder and the staff as to
whether it does or not as to the difference of opinion.
Mr. Schrager said what he is trying to find out is whether there
is a bid on the fire or not, and Mr. Brownell said there are
negotiations going on currently with the people who proposed this
bid to see if they have a proposal that could be accepted by this
Commission. Whether it would be a different proposal than the one
they submitted, Mr. Brownell said he hoped it would be that would
avoid the difficulties that we encountered with the first.
- 16 -
8. PUBLIC COMMENTS (Cont'd
Mr. Butler advised if we are correct that those technical difficulties
preclude us from accepting that particular bid, the proposal, of
course, would have to be different.
Mr. Schrager's next question: "That is my next question, whether
you would amend that bid or whether they would have to submit another
bid ?" Answer by Mr. Butler: "That bid cannot be amended; it would
be a new proposal, not a new bid. The bid would have to be rejected,
and assuming that the remainder of their proposal is acceptable to
the Commission, then, in effect, we would be talking about a negoti-
ated redevelopment contract with that developer, or, in the event,
that their proposal is not accepted, it could be a:negoti.ated.
development contract with another developer."
Mr. Schrager asked, "But you would not amend the original bid" and
Mr. Butler's response was, "No, we would not amend the original bid.
f.1 River Bend Plaza Budget:
President Nimtz extended a welcome to the Mayor of the City, the
Honorable Jerry J. Miller.
Discussions on the drinking fountains, maintenance of the Plaza,
etc., were in the latter phases as the Mayor entered the meeting for
the presentations to be made in honor of our former Commissioner,
Mr. B. L. Wade.
In response to Ms. Derbeck's questions on the Plaza operation, divi-
sion of responsibility between the Department of Public Works and
other departments of the city government, the Mayor advised, as all
are aware, that the administration has requested the Council to ap-
prove money for the Plaza operation. The budgets presented to the
Council to operate the River Bend Plaza have been denied by the
Council -- dating back to '72. The reason for denial being: Until
the merchants participate in the operation of the River Bend Plaza
and until they participate in the actual promotion of the River
Bend Plaza. "The administration can only present, and, if they
don't fund it, there's no way that you can handle the real division
of responsibility of all things."
The adding on of additional responsibilities to any department of
the city government - -for any type of a program -- should first re-
ceive consideration for an additional budget and additional staff
to operate it. We received an appropriation of $25,000 from Revenue
Sharing to help pay the cost, which formerly had been paid by Re-
development since the construction of the Plaza. Now since the
Redevelopment Commission no longer has that responsibility, it is
the responsibility of the Board of Works. There are all kinds of
federal regulations that we have to abide by, and "the only way you
are going to solve that responsibility is by a budget."
- 17 -
8. PUPLIC COMMENTS (Cont'd
a
The Mayor said he did not think the Plaza was going to die and
referred to a meeting held at the Chamber of Commerce attended
by representatives of various people interested in the Plaza in
an effort to develop an overall plan to finance the costs of
operating the Plaza. We have been fortunate that we have been
able to use six or seven employees provided from Federal money.
Mr. John R. Kagel, Executive Director of the Downtown South Bend
Council, added, "So what the Mayor was talking about,:-this is
something that should be planned. All of the elected officials
are going to have to recognize their responsiblity."
Mayor Miller further stated, "I think that also, and in line
with John Kagel, the people did think about it three years ago.
We went to St. Paul, Minnesota and Richmond, Indiana and both
cities have an assessment district, and it was agreed we would
have an assessment district. The city administration represents
the citizens of South Bend and they are the people that would
have to pay the bill--one way or another. I think it was always
thought about as a mutual arrangement, and the city had so much
responsibility. We can tell you exactly how much the city was
paying for street lights prior to the River Bend Plaza. We can
tell you what the increase is, but I think it is a beautiful
Plaza and it has to be maintained, and I think it should be
maintained by tax dollars. I really think it should be, but I
think it should be cooperative."
Mr. Lloyd S. Taylor said, "The one thing that the people should
reflect on is the assessed valuation of the downtown property.
You want the downtown to compete with the shopping centers, and
somebody ought to look at the difference between the assessed
valuation of the downtown property and the assessed valuation
out at the shopping centers." Mr. Kagel advised there were studies
made on that - -the assessed valuation of the downtown property- -the
land vs. the land on the outside areas. These are civic lessons we
should all become involved in.
PRESENTATION TO B. L. WADE, FORMER REDEVELOPMENT
ISSIONER
President Nimtz advised we are gathered here this morning to honor
Mr. Bob Wade, a former member of this Commission, who resigned effec-
tive May 31st. "Robert, I believe I was Chairman of the Board of
Trustees that selected you, and I remember talking to you about coming
on to the Commission and you willingly accepted that responsibility
and brought to the Commission the expertise that you had in other
cities as you had moved up the ladder of your career with Sears,
Roebuck & Company. You were with that expertise and knowledge, and
your experience brought a great depth to the Commission in regard
to the solving of various problems. You were a great asset to the
Commission. We regretted seeing you leave."
9. PRESENTATION TO B. L. WADE, FORMER REDEVELOPMENT COMMISSIONER (Cont'd
The Commission had passed a Resolution in honor of Mr. Wade's efforts.
This has been framed and President Nimtz presented this Resolution
to Mr. Wade, along with his name plate that had been on the wall.
Mr Wade was appointed Commissioner by the Board of Trustees in a
Sp cial Meeting held by the Trustees on June 8, 1971, as a replace -
me t for Mr. Dean J. Wilhelm, who resigned as a Commissioner on
Ju a 1, 1971.
Mr. Wade thanked the Commissioners for the presentation, and added:
"I appreciate this. I said when I left the Commission, I appreciated
working with everyone and the City is certainly a lot better off, I
think, of what has happened and what might not have happened, and so
many times you are known for what you do wrong, instead of what you do
ri ht. I know it has been a trying time for all, and what you are
to king about this morning is so true, but, at the same time, I think
th t is the main thing. I'f you and I had not had urban redevelopment
an all the things that go with it, we would be in pretty sad shape
to ay, and I think sometimes people forget that. I did enjoy working
wi h everybody and I was on the Commission for about four years, so
I hought that was long enough, and I should let someone else go on
th Commission."
Th Chair, at this point, formally recognized and presented the Honor -
ab e Jerry J. Miller, Mayor of the City of South Bend.
The Mayor, on behalf of the City of South Bend, presented Mr. Wade
with a key to the City and said: "Bob, it's amazing what you were
to king about, and that you happen to be here at a time and period of
South Bend's history, but I think that we have had the greatest economic
growth that's occurred in many, many years, and you happened to be here
to make the major decisions to really share the deep responsibilities of
our future of our country and the future of the City of South Bend. In
my position, when I have a lot of visitors come in to South Bend, and
when we here sit in this room today and talk about these little problems,
and decide and work together to solve these problems, we sometimes forget
about the overall picture of the City of South Bend, and when we go to
of er communities and see their problems and see what's happening there
an come back home, I think we are a little more appreciative of our City.
I ad a couple in my office yesterday that had been gone for nine years
an came back to South Bend, and they just couldn't believe what's
ha pened to South Bend, and I think the people who come to South Bend
visiting on vacations are very surprised. You have been a very intrical
part in making the major decisions for the changes in downtown- -the
River Bend Plaza- -and I know we have many, many problems, and I know that
YOL and I have shared these privately, the comments that those problems
arE major, but yet these problems, because we have good active people like
thE people that are in this room today who are really interested in solving
thE problems, they are going to be solved, and we'll make those decisions,
an so I say to you, on behalf of the City, that I am very pleased and
ho ored to present you this key to the City. We appreciate all the fine
work that you have done, and your dedication in serving, without pay."
"WE just want to thank ou ou for what have done for our City--and y y y- -and your
Cit v."
- 19 -
9. PRESENTATION TO B. L. WADE,'FORMER REDEVELOPMENT COMMISSIONER (Cont'd
Mr. Wade thanked Mayor Miller for the key to the City of South Bend.
Mr. Wade said he came to South Bend from St. Paul, Minnesota, and
saw a lot of things happen that the Mayor was talking about in urban
development, and also Joliet, Illinois.
Pr sident Nimtz also called on Mr. Fred J. Helmen, the Honorary Chair -
ma of this Commission, who had served the Commission for so many years.
Mr Helmen briefly said, "All I'll say is I think the Redevelopment Com-
mi sion is operating just as well as when Bob and I were on. It look's
go d to I congratulate all of you."
Mr Lloyd S. Taylor, a former Director of the Department of Redevelop -
me t, asked to briefly thank Bob Wade, as a citizen`. "It was with
a great deal of pleasure that I served under Bob Wade, and Bob, I think,
brought a tremendous amount of knowledge to this Commission over the
years he served on it, but further than that, I think that Bob brought
with him to this community a positive attitude that is very much needed..
So many times it seems like good things are given a negative sense and
what any community needs is positive people- -like Bob Wade -- saying that
we can do this, and then if everybody gets behind it, it gets done. I
th nk the community needs to give Bob a big applause for his efforts- -
hi positive thinking - -that brought a lot of these things about."
Pr sident Nimtz added, "That was very appropriately said." Cake and
co fee are being served after the adjournment of the meeting, in honor
of Mr. B. L. Wade.
10. NEST COMMISSION MEETING
Th next Regular Meeting of the Redevelopment Commission will be at
10 00 a.m., Friday, August 15, 1975, at 10:00 a.m., in the Office of
th Department of Redevelopment.
11. ADJOURNMENT
Th re being no further discussion, motion was duly made by Mr. Cira
fo adjournment, at 11:21 a.m.
, executive
(SEAL)
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Ao
ent