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Home My WebLink AboutRM 06-04-76June 4, 10:00 P Presidi 1. SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING 1976 . M. ig Officer: Mr. F. Jay Nimtz, President CALL Corrmi ssioners Mr. F. Jay Nimtz,- President Present: Mr. Donald A. Wiggins, Vice President Mr. A. Peter Donaldson, Secretary Mr. Robert J..Cira, Assistant Secretary Mr. Lloyd E. Robinson, Sr., Member Legol Counsel: Mr. Kevin J. Butler Mr. George T. Patton 1200 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Media: Mr. Jim Wensits, South Bend Tribune Reporter Mr. Dave Anderson, WNDU Reporter Mr. James L. Marchelewicz, WNDU -TV Photographer Mr. Dan Caesar, WSBT -TV Reporter Mr. Dale Lamb, WSBT -TV Photographer 0th rs Present: Dr. George A. Wing, Chairman, Mayor's Downtown Development Committee Mr. Carl Ellison, Deputy Director, Human Resources & Economic Development Mr. Nelson L. Ault, Jr., Ault Camera Shop, Inc. Mrs. Virginia N. Ault, Ault Camera Shop, Inc. Mr. Gene Evans, Executive Secretary, Civic Planning Assn. Mr. Hubert Getzinger, Chairman, Downtown South Bend Council Mr. John R. Kagel, Executive Director, Downtown South Bend Council nity Development Mr. Keith P. Crighton Mr. James L. Johnson, Jr. Mr. Kenneth J. Schaller LPA Staff: Mr. C. Wayne Brownell Ms. Helen S. King 2. APPROVAL OF MINUTES On otion by Mr. Robinson, seconded by Mr. Wiggins and carried, the MINUTES Min tes of the Regular Meeting of May 21, 1976, were approved as APPROVED. mai ed. - 1 - 3. APPROVAL OF CLAIMS On motion by Mr. Wiggins, seconded by Mr. Cira and carried, the CLAIMS claims were approved, as submitted, and were allowed and ordered APPROVED to be paid -- totalling $13,453.22. The authorized claims are: PROJECT EXPENDITURES ACCOUNT, INDIANA R -57 Abstract & Title Corporation $ 50.00 Curley's Mower Service 104.80 Total $ 154.80 PROJECT EXPENDITURES ACCOUNT, INDIANA R =66 Indiana & Michigan Electric Company $ 7.65 South Bend Tribune 26.41 South Bend Tribune 43.12 Tri County News 28.67 Tri- County News 35.28 Total $ 141.13 REDEVELOPMENT REVOLVING FUND Payroll: May 1 to May 14, 1976 $ 5,428.75 Business Systems, Inc. 9.29 Business Systems, Inc. 7.48 Postmaster 13.77 Total 5,459.29 BUREAU OF HOUSING E -7 Bar any Sheet Metal & Heating Co., (Contract No. 44) $ 7,683.00 Phillip Wesley 1. 15.00 Total $ 7,698.00 C9 a. GRAND TOTAL SPONDENCE $ 13.453.22 HUD Area Office letter dated May 14, 1976: This letter, over FINAL GRANT the signature of Mr. James E. Armstrong, Area Director, advises PAYMENT, our requisition for federal capital grant has been approved in CONTRACT NO. amount of $9,507.87, in Project Indiana A- 10-- Contract No. Ind. IND. A- 10(LG) A- 10(LG). Since the amount of our earned capital grant is in excess of amount required to settle our outstanding loan, plus interest, in amount of $8,421.68, Mr. Armstrong advises we will receive a check for the excess in amount of $1,086.09. This amount should be deposited in our cash account to pay the balance of our accounts payable. IWAE 4. CORRESPONDENCE (Cont'd The temporary loan contract authority amount of $30.48, which remains under the contract for loan and grant identified above will be cancelled. The capital grant contract authority amount of $35,635.13 will be made available to the unit of general local government through the Community Development Block Grant Program. The letter further states, "We are pleased to approve this payment and congratulate you on your achievement in bringing this project to a successful conclusion." Motion was made by Mr. Wiggins, seconded by Mr. Robinson and carried, that the above letter be received and placed on file. Mr. C. Wayne Brownell, Executive Director, Department of Re- development, further explained the above letter means that Project Indiana A -10 is now completed and the record indicates there will be $35,635.13 forthcoming to the City. This is the Neighborhood Development Program, which consists of the Southeast Neighborhood (SE #l) and the Model Neighborhood (MN #1). There is a park on the Southeast side and the Fire Station on the west side, in the Olive Street area. 5. PUBLIC HEARING a. Continuation of Public Heari Renewal Project, Indiana R -E changes to the Urban'Renewal of the Central Downtown, Urban .and for the making of certain an. The Chair announced the Public Hearing was first opened and con- ducted on May 21, 1976, at 10:00 a.m., and, pursuant to, Public Notice and Legal Notice have been given thereto. Not being present at that meeting, President Nimtz, asked what point we are at in the Public Hearing. CONTINUATION OF PUBLIC HEARING, CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, IND. R -66 Mr. Brownell advised the Notice of Public Hearing of this Com- mission Meeting, on June 4, was advertised in both The South Bend Tribune and in the Tri- County News. The Notice was also posted in the Court House, in the County -City Building, and in the Department of Redevelopment; and was also served on the City Engineer, Mr. Rollin E. Farrand, Sr.; on the Building Commissioner, Mr. Forrest R. West; and the Superintendent of the Park Department, Mr. James R. Seitz. The affidavits of the publication are available for examination. Public Notice has been given of this Hearing on June 4. We did hold a Hearing at our last meeting, but it was con - tinued until today, and this meeting was duly advertised and notice given. The Chair requested the record to show that a "Remonstrance to Resolution No. 522, City of South Bend Redevelopment Commission," has been filed by Nelson L. Ault, Jr. and Virginia N. Ault of the Ault Camera Shop, Inc., an Indiana Corporation. This Remonstrance has been discussed with Mr. Kevin J. Butler, our Counsel. Mr. Robert J. DuComb, Sr., is the attorney and agent for the Ault's. Mr. DuComb was not present for the meeting, and the Chair requested Mr. Butler 5. PUBLIC HEARING (Cont'd to explain the thought and the theory behind this Remonstrance. Mr. and Mrs. Ault were in the audience and advised they only attended to answer any questions that may be raised. Mr. Butler advised there is some concern expressed by the re- monstrators that the action taken by the Redevelopment Commission on Resolution No. 522, and today with Resolution No. 524, which is a confirming resolution, would prejudice their rights - -the remonstrators' rights - -to later contest any attempt to take their property by condemnation proceedings. Mr. Butler advised he dis- cussed this with Mr. DuComb yesterday and explained to him that the action of the Redevelopment Commission would not in any way prejudice the rights of the owners of property, whose property is in the R -66 area but not on our acquisition list at the present time. In order for the Redevelopment Commission to take any addi- tional property they would have to follow this same procedure- - amending the Urban Renewal Plan- -and specifically amend the Urban Renewal Plan by adding properties to the acquisition list. Mr. Butler further advised this morning,`in conjunction with the adoption of Resolution No. 524, confirming Resolution, that the Commission might want to, by motion, state that their action on Resolution No. 522 and Resolution No. 524, amending the Urban Renewal Plan, will not in any way prejudice the rights of owners of property in the R -66 project area, whose property is not on the acquisition list, where either failure to remonstrate or to take action on any remonstrance which might have been filed. "To my knowledge, this is the only remonstrance." The Chair asked if there are any questions by the members of the Commission? Do we have anything further from members of the public? No questions were forthcoming. The Chair then recognized Dr. George A. Wing, Chairman, Mayor's Downtown Development Committee, and asked if he would make a presentation. Dr. Wing stated he can only say that the proposed change, which is really a multiple change - -at least that part of the change that concerns him is the relaxation of the plan to allow the construction of the motel - -was initiated by the Mayor and himself, as an in -kind brokerage thing. Dr. Wing stated he became aware of the fact that there was an interested party in that particular block of land- - Block 6- -and having been made aware of that interest, they put the interested parties together and then initiated the change that you see before you -- permitting the construction of a motel: "We feel very strongly that there is a potential need for more public housing in the downtown area given the imminent completion of the Century Center. We feel this is a very good change." The Chair thanked Dr. Wing for his comments, and asked if there were any other comments by any member of the public? The press have any questions? Any questions or comments by any members of the Commission? There were no further questions on this portion of the Public Hearing. - 4 - 5. PUB(.IC HEARING (Cont'd The Chair asked Mr. Butler to make the motion as he would like to have it worded and then some member of the Commission make such motion. Mr. Butler recommended the wording of the motion to be: "The action of the Commission in adopting Resolution No. 522 at its meeting on May 7, 1976, and the adoption of Resolution No. 524 at this meeting today, does not in anyway prejudice the owners of property in the Central Downtown Project, Indiana R -66, whose property is not on the acquisition list with respect to their rights to contest the Commission's authority'to take the property subsequently." The motion, as stated, was duly made by Mr. Wiggins, seconded by Mr. Cira, and unanimously carried. For the record, Mr. Brownell advised the following actions have been taken: On May 7, 1976, the Redevelopment Commission adopted Resolution No. 522 and set a Public Hearing for May 21, and the Public Hearing for June 4. On May 12, the matter went before MACOG; on May 18, the Area Plan Commission held a Hearing on Resolution No. 522 and approved it by their Resolution No. 39; the matter was filed with City Council on May 19 and on May 24 was passed by City Council by Resolution No. 521 -76; on May 21 at Regular Meeting of the Redevelopment Commission, a Public Hearing was held on Resolution No. 522 and continued until today, June 4. On May 25, we received a letter from MACOG approving these changes in Resolution No. 522, and today we have a Public Hearing, a continuation on Resolution No. 522,'for consideration of Resolution No. 524. Mr. Brownell gave a full report of the three (3) pages being changed, which were also fully outlined and presented'in Commission Meeting of May 21, and the previous and amended 6hak s designated as Attach - ment "B" of the Urban "Renewal Plan, (Pages 9,15 and 23 of Item The amended changes are as follows: Page 9: d. Service Commercial /Residential - "This category is identical t0 Service Commercial in C.2.b. above With the following two exceptions: "1. Not penmitte.d ane auto= oki,evited uze/s and activiti.e/s; but hotet,6J. motor h6te is on others ttrcikSiewt howsx.ncg a e3 uh.e �ehmc,�te 112. Rezidentiat upse'SUS - `- eArm tted kovided that the totat num eA of cketting units .6haU not exceed350. Pace 15: AREA E (East New Street an fferson - Western Avenue, Monroe- Lincol "a: 8"ic Objeetive The basic ob j ecti>ve to be "achieved in Anea E ,ins the de- ve,26tjmewt ol, an 644ice comrb.Cex 46n malo& bci ine&s seAvice - 5 - 5. P a. IC HEARING (Cont'd com temexit the CentuAy Cente,%. A secondaty objective s hda be t ' e hc_wsion oJ coiWpatibte 'ke�si entc.aZ titie6 not t6 ,exceed a tota.2 0�j 350 dwetting units. "b. Laved Use Ass indicated above, the major use of A&ea E " intended on av� o ice camp ex wcth compatc' Ze &ut, ent aZ tae f 2%- ti" 'dn a moron ` 6tU nesuttcft .in a totat aevetopment e►i nG into an comtj2emevrtcnq the a 9acevit akea�s. Page 23: SUMMARY OF CONTROLS AND RESTRICTIONS AREA F.A.R.0 ) OFF STREET PARKING(2) ''E (Re�sidewi&t U.se) 1 -112 �space/s �jo& each dwelt- ing unit except_ 4orc_etdeAty o�. 1.0 (Sen.vice CommeAciat 1 space 4on each 400 sq. it. U.se) o4 6toon area. 1.0 1 space Lyon each hotel on mritoP hrjrlm_ 11 Mr. Brownell advised those are the changes contained in Resolution No. 522 and Resolution No. 524, which purports to confirm and adopt all these changes with the exception of those contained in the motion the Commission passed this morning, as noted above. Mr. Wiggins moved for the adoption of Resolution No. 524, entitled: "Resolution of the City of South Bend Redevelopment Commission confirm - ing Resolution 522 with respect to the Central Downtown Project, IN R -66, and for making certain changes to the Urban Renewal Plan." The motion was seconded by Mr. Donaldson. The Chair indicated that because of Mr. Robert J. DuComb, Sr., being involved in this Remonstrance that has been filed, the Chair will not vote on this motion. The question on the passage of the adoption of Resolution No. 524, votes cast by four (4) Commissioners were: "Aye," with one Commissioner abstaining, Mr. Nimtz. Motion carried. BUSINESS Update report on Newbill Construction Company. Mr. Brownell advised UPDATE having talked to Mr. Keith Crighton, Director, Bureau of Housing, REPORT, earlier, that the Newbill Construction Company has completed all NEWBILL their documentation on the contracts involved- -four contracts- -and CONSTRUC- it will not be necessary to withdraw the award. There is no other TION CO. action to be taken by the Commission at this time. The action the Commission would have considered, would have been the withdrawal of the award of the contracts, if Newbill Construction Company had not filed all their documentation. 6. OLDIBUSINESS (Cont'd Relating to Commissioner Robinson's question if anyone has checked to make sure there aren't any more checks that may have bounced on this firm, Mr. Brownell advised that an agreement has been worked out between the contractor and one of our local banks. No motion required. 7. NEWI BUSINESS a. Barton- Aschman Associates, Inc.: This is a' proposal to prepare BARTON- an evaluation and financial analysis of the parking improvements ASCHMAN required to serve the proposed Superblock Development °in down- ASSOCIATES, town South Bend, which was discussed on May 19 with ther re- INC. PROPOSAL presentative. Although principal emphasis would be placed on APPROVED, the parking aspects of the Superblock, the study would also R -66 address the broader question of municipal parking in the adja- cent area of the Central Business District. Mr. Brownell advised a copy of the proposal is in the packets and the recommendation is that we accept the proposal in the lower amount; the higher amount is $14,120 in which Barton - Aschman Associates performs all the work. The lower proposal recommended is for $12,620 in which the City would be responsi- ble for the field data assembly (the inventory and`occupancy studies) with a fee reduction of $1,500 for this work. We have made arrangements to have the field work done by the employees of the City. The difference between the two proposals, Mr. Brownell stated, is that the estimated 200 man hours of field work would be done by present employees of the City. Some of this has already been assembled and it would be done under Barton- Aschman Associates' supervision, but not by their personnel, so we would save $1,500. Commissioner Wiggins asked if this is being done in part by the people who are employed under this federally- funded program? Mr. Brownell advised it would be under Community Development. Motion was made by Mr. Wiggins, seconded by Mr. Donaldson and carried, for the approval of the above proposal submitted by Barton- Aschman Associates, Inc. to prepare the evaluation and financial analysis of the parking improvements, in an amount not to exceed $12,620 as noted in their proposal, and the Com- mission President and Secretary authorized to enter into such agreement. b. Resolution No. 523: This Resolution authorizes the execution of RESOLUTION the Redevelopment Agreement for the disposition of land and the NO. 523 execution of Quit Claim Deed for the transfer of title thereto ADOPTED, in connection with land to be disposed of in the LaSalle Park R -57 Project, Indiana R -57, for unbuildable Parcel No. 15 -14, in ac- quisition amount of $136.00, to Earlie Bates, Jr. - 7 - 7. NEWI BUSINESS (Cont'd). Motion was made by Mr. Wiggins, seconded by Mr. Cira and carried, for the adoption of Resolution No. 523. c. Change Order No.'l to Rehabilitation Contract No. 46, Southeast CHANGE ORDER Community Development Housing Program: Commission approval NO. 1 TO was requested of Change Order No. 1 to Rehabilitation Contract REHABILITATI No. 46, with Barany Sheet Metal & Heating Company, for an in- CONTRACT NO. crease in contract amount of $172.00, (Contract: $7,823.00), 46 APPROVED, or an amended contract total of: $7,995.00, for rehabilitation SECD HOUSING work at: 310 East Dayton Street, Southeast Community Develop- PROGRAM ment Housing Program. Mr. James L. Johnson, Jr., Chief Inspector, advised the house is badly deteriorated. Since the time of the initial inspec- tion, further deterioration of the structure has made it neces- sary to adjust certain items in order to ensure the health and safety of the occupants. The specifications called for paint- ing the roof trim, underlayment and tile, and several interior doors to be replaced and repaired. Some of the line items were re- arranged that were to be taken care of in the first place. Deleted Items: Roof Trim: Replace (6') soffit and (10') 1 x 4 facia 6' 3 -1/2" crown mold. Scrape and paint roof trim, including 12 windows and 3 doors; in- side and outside. Replace drip cap north window. -$ 583.00 Dining Room Doors: Install solid core door, passage set #680 series lock. Paint or stain 2 coats. Install 92 lin. ft. window and door trim. 155.00 Front Porch Door: Install 1/4" plywood 26" x 45" in door and passage set and #680 series lock. 55.00 Bedroom #3 Doors: Install 24" x 34" panel in exit door and #680 series lock. Install passage set and paint 2 doors two coats. 100.00 Stairway Floor: In stall 1/4" underlayment on land- ings and cover with 12" x 12" tiles. 110.00 Living Room Doors: Install 76 tin. ft. window and door trim 2 -1/4 35.00 2nd Floor Bathroom Floor: Install 20 sq. ft. 1 x 6 sub floor. Install 1/4" underlayment and cover with tile. Remove toilet. 100.00 Total..... -$1,138.00 7. NEWjBUSINESS (Cont'd rap Additional Items: Front Porch Door: Install solid core door, cylindrical lock set, frame, jamb, lite or peep- hole, threshold, and paint or stain and varnish two coats. Install an aluminum storm combina- tion door. 380.00 Dining Room Doors: Install an aluminum storm combination door. 105.00 Kitchen Doors: Install an aluminum storm com- bination door (south). 105.00 Bedroom #1, 1st Floor; Ceiling: Install suspended ceiling, 88 sq. ft. 220.00 Bedroom #2, 1st Floor, Ceiling: Install suspended 'c'eiling, 88 sq. ft. 220.00 Bedroom #3, lst Floor, Doors: Install solid core door, cylindrical lock set, lite or peephole, and paint or stain and varnish two coats. Install an aluminum storm combination door. 280.00 Total...... +$1,310.00 Mr. Johnson stated they are concerned more with major code violations and just re- arranged most of the items, and have come up with an additional cost of $172.00, which was to suspend the two ceilings simply because they had done the heating work on an emergency basis and the contractor couldn't run the duct work any where but under the ceiling and the suspended ceiling to cover the ducts was $440.00. Motion was made by Mr. Wiggins, seconded by Mr. Cira and carried, for the approval of Change Order No. 1 to Rehabilitation Contract No. 46, for an increase in contract amount of $172.00, or an amended contract total of $7,995.00, with Barany Sheet Metal & Heating Company, in the Southeast Community Development Housing Program. Southeast'Community Development Housing Program: t;ommission ap proval was requested of Change Order No. 1 to Rehabilitation Con- tract No. SECD /PR /CS -2/10, with Fleming Masonry Construction Company, to delete all interior painting and adding aluminum storm windows, with no change in original contract price or contract time, (Contract: $5,462.00), for rehabilitation work at: 533 East Indiana Avenue, in the Southeast Community Development Housing Program. Mr. Keith P. Crighton, Director, Bureau of Housing, advised the homeowner felt she was capable of doing the painting in the home. Although the house needs painting more than the aluminum combination windows, it does need the combination windows also. Staff felt that we could have an even trade, and as long as there SLOJE CHANGE ORDER NO. 1 TO RE- HABILITA- TION CON- TRACT SECD /PR/ CS -2/10 APPROVED, SECD HOUSING PROGRAM 7. NEWIBUSINESS'(Cont'd was no increase in contract price, that it would be equitable between the contractor and the homeowner. Mr. Brownell added that the additions were in amount of $250.00 and the deletions were also $250.00, with no difference in con- tract amount, nor change in time. Motion was made by Mr. Wiggins, seconded by Mr. Donaldson and carried, for the approval of Change Order No. l to Rehabilitation Contract No. SECD /PR /CS -2/10, for the amended items to the speci- fications, per executed agreement between the homeowner and the contractor, Fleming Masonry Construction Company, in the South- east Community Development Housing Program. 8. PROGRESS REPORTS a. lBureau of Housing Reports 1) Community Development Report: Submitted by Mr. Kenneth J. Schaller, Project Director, Southeast Bureau of Housing, for month of May, 1976. Six final inspections were approved; two Notices to Proceed were issued; and a Preconstruction Conference was held. Bids for Contract Set #4 have been rejected by the Southeast Ad- visory Committee and the Redevelopment. Commission. Only one contractor bid on the work to be accompl ished. Presently, the contract set is being re- advertised for bid and the bid opening is scheduled for June 2, 1976. 2) Elderly & Handicapped HAO Referral Program Report: Submitted by Mr. Kenneth J. Schaller, Project Director, Southeast Bureau of Housing, for month of May, 1976. Final inspections have been requested by the contractor, Slatile Roofing & Sheet Metal Company, and those inspections have been scheduled by this office. Contract Set #2 is in final prepara- tion and shall be advertised for bids by the latter part of June, 1976. At this time applications are not being taken per memo- randum from Mr. Kepth P. Crighton, Director, Bureau of Housing, dated May 24, 1976• 3) Neighborhood Development Program Report: Submitted by Mr. Kenneth J. Schaller, Project Director, for month of May, 1976. During the month, five (5) final inspections were approved, bringing the total number of contracts completed to fifty -nine (59). All Notices to Proceed have been issued and staff is monitoring those tracts that are presently being worked on. Non - Profit Groups Report: Submitted by Mr. Kenneth J. Schaller, Project Director, for month of May, 1976. Non - Profit Groups are presently working to complete the rehabi- litation of those homes to which they have been awarded grants. - 10 - COMMUNITY DEVELOP - MENT REPORT ELDERLY & HANDICAPPED HAO REFER- RAL PROGRAM REPORT NEIGHBOR- HOOD DEVEL- OPMENT PROGRAM REPORT NON - PROFIT GROUPS REPORT DIM, b. 9. NEXT RESS REPORTS (Cont'd) World's Largest 'Garage Sale Saturday; June 5; 1976, in the Colfax Garage: This pamphlet was distributed in the packets with copies to the news media, listing all the vendors partici- pating in the garage sale with their space numbers. Other up- coming events shown are for the following dates: June 12 ........ Shrine Circus Parade June 18 ........ Fishing Contest (through June 18) June 27 .. . Second Anniversary Celebration July 3, 4,&.5.. Ethnic Festival July 4 & 5 Bicentennial Pinhook Pageant COMMISSION MEETING a. he next Regular Meeting of the Redevelopment Commission will e at 10:00 a.m., Friday, June 18, 1976, in the Office of the epartment of Redevelopment. b. Matter of date change for Commission Meeting that would regu- arly be scheduled for July 2, 1976, was suggested to be de- erred by Commissioner Wiggins for action in the next meeting, June 18th. July 2 and 5, 1976, are City holidays. The sugges- ion was agreed to by the Chair. 10. ADJOORNMENT Ther being no further discussion or business on hand, motion was duly made for adjournment by Mr. Wiggins, seconded by Mr. Cira, at 10:3 a.m. WAX, "P171VITUIT. I 05M 11N11 (SEAL) - 11 - .Aw- ores WORLD'S LARGEST GARAGE SALE, SATURDAY, JUNE 5, 1976 NEXT COMMISSION MEETING, 6 -18 -76