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HomeMy WebLinkAboutSM 01-04-77January 10:23 A. Presidir SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING 1977 4. I Officer: F. Jay Nimtz, President 1. ROLL CALL 2. 1200 County -City Building 217 W. Jefferson Blvd. South Bend, Indiana 46601 Commissioners Mr. F. Jay Nimtz, President Present Mr. Donald A. Wiggins, Vice President Mr. Lloyd Robinson, Sr., Member Legal Counsel Mr. Mr. Mr. News Media Mr. Mr. Mr. Mr. Others Present LPA Staff ROVAL OF MINUTES Kevin J. Butler Edward Chapleau George Patton J. Scott Brink, WNDU -TV Photographer Terry O'Reilly, WNDU -TV Reporter Dan Caesar, WSBT -TV Reporter Frank Vellner, WSBT -TV Photographer Mr. Gene Evans, Executive Secretary Civic Planning Association Mr. C. Wayne Brownell Ms. Gertrude E. Barth Mr. Edwin Bauer Mr. Marc Brammer Ms. Sue Ragland Mr. Jim Rowan On motion by Mr. Wiggins, seconded by Mr. Robinson and carried, MINUTES OF th Minutes of the Regular Meeting of December 17, 1976, were approved 12 -17 -76 as mailed, with the following corrections to those Minutes: APPROVED "Page 13, paragraph 6 concerning comments by Mr. Nimtz, the word 'formally' should be changed to 'informally'; and Mr. Johnethen White's business designation should read 'South Bend Tribune Reporter' instead of 'WSBT Reporter"'. 3. APgROVAL OF CLAIMS Mr. C. Wayne Brownell explained that we have no claims for approval CLAIMS to ay because the Purchase Orders for the claims have not been NOT RECEIVED- received in this office. The Chair suggested this matter be by- passed NO ACTION anc action be taken if the claims are received before the end of the TAKEN me ting today. 4. COM UNICATIONS (a) Letter dated December 20, 1976 from the South Bend Home Owners SOUTH BEND of the Near Northwest: C. Wayne Brownell read this letter which HOME OWNERS - was signed by Brian Crumlish, President of this organization, NEAR NORTHWE which expressed their support for the downtown area as a major shopping resource. (b) Letter dated December 23, 1976 from the HUD Area Office, signed RE -USE PLAN by Stephen J. Havens, Director Community Planning & Develop- APPROVED ment Division: C. Wayne Brownell read this letter which gave PARCELS 2 -6, HUD approval of re -use plan for Parcel 2 -6, 2 -6A, 2 -6B and 2 -6C, 6A,6B,6C Indiana Project R -66. IND R -66 (c) Letter (no date) from HUD Regional Office, signed by Richard LITIGATION J. Flando, Regional Counsel, re Attorney's Litigation Certifi- THE PHILA.ETA cate, Indiana Project R -66, The Philadelphia Inc., et al v. City V CITY OF S.B. of South Bend Department of Redevelopment, Cause No. H -2051, re- ETAL questing status of subject case: C. Wayne Brownell stated that the letter has been answered on the bottom of their letter as requested stating the situation as to the pleadings in this case which is now at issue. (d) Letter dated December 17, 1976, from HUD Regional Office, signed HUD REQUEST by Richard A. Jacobsen, Financial Management Specialist, re SCHEDULE FOR Project No. Indiana R -66, Schedule for Sale of Project Notes under SALE OF Private Financing Group 77 -3: C. Wayne Brownell explained that PROJECT NOTES this letter requested that we have in Mr. Jacobsen's office by 77 -3 January 4, 1977, the documentation prescribed by regulations. He stated that he (Mr. Brownell) had called Mr. Jacobsen and asked for additional time because (1) we needed a letter from the Area Office and (2) there is a correction required in one of the letters which was attached to the form. Mr. Jacobsen granted an extension to Friday, January 7, 1977. (e)l Letter and bill dated November 17, 1976 from Indiana Bell Telephone IND BELL TEL Company re Expense Incurred in Relocation of Equipment, Phase II RELOCATION and Phase III, Indiana Project R -66: C. Wayne Brownell observed CLAIM,PHASE that this was an interesting letter to receive and that he had II AND III written to HUD and asked how we should proceed on this relocation IND R -66 claim and Vivian Bond called this morning and stated that they $262,979.49 would send us a letter suggesting that we get a consultant be- cause we have no business relocation officer on our staff at the present time. The Chair: By way of explanation, this is the same situation as we had concerning the relocation of I & M lines and HUD finally approved that bill. Mr. Brownell: We got that reduced by $60,000. Chair: It took a year to a year and a half to approve that, in fact this bill is addressed to Chuck Lennon, why don't we send it over to him? Is there further comment—this is one of the things the Supreme Court has said we must pay and we will undoubtedly pay it subsequently. -2- 4. COhMMUNICATIONS, Continued Motion was made by Mr. Wiggins, seconded by Mr. Robinson and carried, that these communications be received and placed on file. 5. OLD BUSINESS (a; Request from St. Joseph River Bend Development Corporation EASEMENT for participation by the Department of Redevelopment, City I & M ELEC. C( of South Bend, in an easement grant between I & M Electric IND R -66 Company and parties of interest in the Block 6 development. This matter was tabled in the meeting of November 19, 1976 and referred to legal counsel for review and recommendation. Mr. C. Wayne Brownell stated that there does not seem to be any great rush about this because the electric lines appear to be in there already without an easement. Kevin Butler stated that Items 5(a) and 5(b) under Old Business would be ready for report in the meeting of January 21, 1977. Mr. Brownell stated that we had in mind on this one to let the Park Department grant the easement after we get the title over to them. Mr. Wiggins moved for a continuance on Items 5(a) and 5(b) to the meeting of January 21, 1977. Motion seconded by Mr. Robinson and carried. NEW BUSINESS (a ) Commission approval and execution of Certificate of Completion for Parcel 7 -1A, Indiana Project R -66, which parcel was deeded to Earl Gagosian and Mary Catherine Gagosian. Execution of this Certificate of Completion is requested in order that it may be recorded to complete the title to this property. As far as we have been able to discover, everything has been completed in the way of improvements. Donald Wiggins moved for the approval of the Certificate of Completion and authorization to execute such Certificate by the officers of the Commission. Such motion was seconded by Mr.. Robinson and carried. Ch ir: Along that line, I don't know whether we have reported that Mr. Bu ler has been successful in cleaning up those street vacations. We received that from Mr. Gagosian didn't we Mr. Butler? Certificate of Completion PARCEL 7 -1A GAGOSIAN Ke in Butler: Yes, it has also been approved by the Post Office De- pa tment and now is before the Washington National Insurance Company which owns the St. Joe Bank property and Standard Oil will be the next anc last. - 3 - 6. NEW (b) (c) BUSINESS, Continued Mr.- Brownell explained that this concerns the relocation claim IND. BELL TEL. of Indiana Bell Telephone Company which I reported on a moment RELOCATION ago - "that they called me this morning and said they would send CLAIM us a letter authorizing us to get a consultant on it ". Commission approval requested to enter into repair service con- tract with Dictaphone Corporation - contract covers dictating_ and transcription equipment which was purchased from them on December 9, 1976, in the amount of $21.00 for the first year of the contract and if we decide to go beyond that, it will be $42.00 per year thereafter, for a period of no more than eight (8) years in total, with approval on a year to year basis. Mr. Brownell: At this time we I understand it of $21.00. Mr. Nimtz then asked Ms. Barth to be satisfactory and respons Mr. Wiggins moved for approval of $21.00 for the coming year, and it carried. 7. PROGRESS REPORTS are undertaking an obligation as if she had found the equipment was in the affirmative. of the service contract at a cost Mr. Robinson seconded the motion Mr. Brownell reported that he had talked to Mr. Nunemaker who advised that the Nunemaker firm is preparing the protective fence or barrier for the bridge area in the shop and would install it after it was completed in the shop. Mr.1 Wiggins: When does he anticipate that it will be done? Mr.1 Brownell: He was expecting to get it done by today. REPAIR SERVICE CONTRACT DICTAPHONE CORP. Mr. Brownell then stated that he had had no report at this time from ei her the attorney for the claimant or from Batchelder on this $13,000 cl im that the lumber company made and we are still holding the money. Mr. Brownell: Also, on the Odd Fellows Building, we still have that matter of the "unsightly" wall and I have had Mr. Bauer who is with us this morning, look into it and he has written a memo on the subject- YOL have a copy in your packet I believe, without reading the entire me no to you, the end result of this demolition left the Odd Fellows Building the sole use of the party wall and the scars there...I do 't know whether the Commission feels it necessary to hire an engineer to check this out for us or not. If you will recall, the letter from thE 104 South Main Joint Venture group, signed by Rett Donnelly was to thE effect that this weakened and crumbling wall is a disfigurement to the community as well as to the Odd Fellows Building and consti- tu es a substantial danger to the public using the parking lot next to this wall ... falling bricks, etc. As far as we have been able to - 4 - 7. PROGRESS REPORTS, Continued det rmine, no bricks have fallen off and there has been no evidence tha the wall is crumbling. Chair: What do you think it would cost to hire an engineer and second, Kevin, I don't know how long our liability continues on something like that. Mr. Brownell said he is not sure we have any liability for this thing - these people were not party to the property at the time of the demolition, they have bought it since then. Mr. Butler: If there was liability though Wayne, unless the statute of limitations were to run on it, I think there still would be a liability to the successors in interest. Offhand though I don't think there is any liability. Chalir: What do you think it would cost to get an engineer to look at it? Mr. Brownell: Well, we probably could get one of the men at Notre Dam who are experts, I imagine for $200. Mr. Robinson: What is going to make that building deteriorate in six years when all it is is masonry to begin with? The elements certainly are 't going to hurt it if it was sound six years ago. Mr.lBrownell: I don't think it has deteriorated. Mr. Robinson: I don't know what could have happened to it unless so, body ran into the building or an airplane crashed into it or some - thi g of that nature...or an explosion maybe. Mr. Brownell: Our architect has not found any evidence of deterioration in looking at it and does not report any. He just made the suggestion as a matter of whether you wish to take that course to settle an argument bet een people. Mr.l Butler: How about the City Engineer's office? Mr. Brownell: I haven't done anything about that. It's a possibility. I d n't know if they have anybody to do that or not. Choir: The point is they are more experienced at these things than we'are. Gene Evans: Mr. Chairman, I disagree with the letter. The Engineer is not going to be able to determine responsibility. He might be able to determine condition - sorry Mr. Bauer, I disagree with your use of the word "responsibility" there. I think that is the first aspect the Com issioners have to consider - responsibility. Cha r: Well, if we left it in a dangerous condition or a semi - dangerous con ition, we probably have some liability. - 5 - 7. PROGRESS REPORTS, Continued Wayne Brownell: The original thought here was that the (adjacent) land would be sold, that was the first parcel offered for sale and that someone would build on it and the building would come up aginst this wall and you wouldn't see this wall - but that hasn't happened yet. M% Robinson: Do you have any idea what it would cost to get an E gineer to look at it? M% Brownell: Do you wish me to investigate the matter and report b ck to the Commission at the next meeting? Mr. Wiggins: Why don't you check it out with both the City Engineer's office and if we have in -house staff capable of making such an in- spection. Chair: The Chair directs Mr. Brownell to investigate the possibility of having the engineer look at it and what the cost might be for an engineering report on the wall. Is that all right? Mr. Wiggins: I think possibly at the same time you are going for- ward with that, we should ask Kevin to determine what our legal re- sponsibility, if any, might be. Mr. Robinson: I think there would be a limitation set - you're not going to take care of them from the cradle to the grave - just be- cause they bought the building I would think. M% Brownell: I have one other letter Mr. President, that came in a ter we made up the agenda, from Real Estate Research signed by N ck Janotta. Thereupon Mr. Brownell read Mr. Janotta's letter in fill and further explained, "He's talking about the fact that on tie phone I spoke to him about splitting the fee title into founda- t on rights, air rights and the balance being sold to a developer. I think it would probably be worthwhile to have Janotta come down one of these times and meet with members of the Commission and Dr. Wing. Chair: Do we need a motion on that or approve by consent? Mr. Brownell: Whatever you want. Mr. Robinson: I don't have any objections. Chair: All right, see if you can arrange a time for him to come down w en it is convenient to meet with us and Dr. Wing. There being no further progress reports, the Chair addressed Mr. Caesar: "Dan, I didn't mean to neglect George Patton and Ed Chapleau here. I have great confidence in them otherwise they wouldn't be here but I think you get my point, when someone is giving me advice, I want to select the fellow to give me the advice." 8. NEXT COMMISSION MEETING NEXT COMMISSI( MEETING The next scheduled meeting of the Redevelopment Commission will be 1 -21 -77 held on Friday, January 21, 1977, at 10:00 A.M. 9. ADJOURNMENT re being no further business before the Commission, motion ADJOURNMENT made for adjournment at 11:05 A.M. by Mr. Wiggins, seconded Mr. Robinson and carried. . warwwne i i , txecuti ve ui rector (SEAL) - 7 -