HomeMy WebLinkAboutRM 01-21-77Januar 21, 1977
10:00 M.
Presiding Officer: F.
1. ROLL CALL
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
1200 County -City Building
217 West Jefferson Blvd.
Jay Nimtz, President South. Bend, Indiana 46601
Commissioners Mr. F. Jay Nimtz, President
Present Mr. Donald A. Wiggins, Vice President
Mr. Robert J. Cira, Assistant Secretary
Mr. Lloyd E. Robinson, Sr., Member
Lkal Counsel
Ndws Media
Others Present
mmunity Development
Mr. Edward Chapleau
Mr. George Patton
Ms. Nancy Sulok, Reporter, South Bend Tribune
Mr. Larry Ford, WSJV Reporter
Mr. Mike Newman, WSJV Photographer
Ms. Karen Gleason, Exec. Director,
Civic Planning Association
Mr. Gene Evans, Civic Planning Association
Mr. Richard E. Pfeifer
Mr. John Davis
Mr. Kenneth Schaller
L A Staff Mr. C. Wayne Brownell
Ms Gertrude E. Barth
Mr. Marc Brammer
Ms. Sue Ragland
2. APPROVAL OF MINUTES
0 motion by Mr. Wiggins, seconded by Mr. Cira and carried, the
M nutes of the Special Meeting of January 4, 1977 held in lieu
o the Regular Meeting of January 7, 1977, were approved as mailed
3. APPROVAL OF CLAIMS
0 motion by Mr. Wiggins, seconded by Mr. Robinson and carried
c aims totalling $23,131.76 were approved, as submitted and were
allowed and ordered to be paid. The authorized claims are:
R17DEVELOPMENT DISTRICT CAPITAL
Mr. Kevin J. Butler
South Bend Exterminating Company
St. Joseph County Circuit Court
Total
MINUTES OF
1 -4 -77
APPROVED
CLAIMS
APPROVED
$ 88.00
30.00
418.30
$ 536.30
3. APPROVAL OF CLAIMS, Continued
4.
)JECT EXPENDITURE ACCOUNT INDIANA R -1
Abstract Co. of St. Joseph County, Inc.
Mr. Kevin J. Butler
Indiana & Michigan Electric Company
Ge rge T. Patton
Ri schard Brothers, Inc.
Na tilus Construction Corp. & Columbus Wood Preserving
C). & Patrick, Anderson & McDonald, Attorneys at Law
So th Bend Exterminating Company
Ba ton - Aschman Associates, Inc.
Di taphone Corporation
Cu ly's Sales & Service
Total
REpEVELOPMENT REVOLVING FUND
Payroll: January 1, 1977 to January 14, 1977
Ba cock Standard Service
The Bobbs- Merrill Company, Inc.
Mr. Kevin J. Butler
Business Systems, Inc.
11 11 11
American Society of Planning Officials
Co et Car Wash
Credit Bureau of South Bend - Mishawaka
International Business Machines Corp.
11 11 11 11
The Kiplinger Washington Editors, Inc.
Janes R. Meehan & Associates
Office Engineers, Inc.
Postmaster
So th Bend Tribune
Xerox Corporation
Gallery Communications
Oxford Office Systems, Infc.
Am co Oil Company
Co munication Channels, Inc.
C. Wayne Brownell
a.
Total
GRAND TOTAL
HMUNICATIONS
$ 148.50
1,747.49
7.23
720.00
1,246.74
12,428.93
30.00
1,007.54
21.00
51.45
17,408.88
$ 3,553.31
$ 53.05
28.35
59.70
200.00
87.72
60.04
20.25
6.00
60.00
528.09
168.50
36.00
40.49
12.50
4.75
2.42
46.80
4.00
3.10
67.98
100.06
19.50
23.97
$ 5,186.58
$ 23,131.76
Letter dated January 13, 1977 from Richard C. Curry, Chief, Office NATIONAL
of Legislation, National Park Service, Washington D. C.- C. Wayne PARK SERVICE
Brownell read this letter it was a response to his letter of LETTER
November 19, 1976) concerning the proposed Thematic Park on the THEMATIC
PARK
-2-
4. COMMUNICATIONS. Continued-
a.(continued) St. Joseph River East bank. The following discussion
took place:
Chair: We are talking about the re- excavation of this thing. As
you know, through my Southhold activities I have been involved
in quite a bit of this situation with the National Register
of Historic "Places and I just don't see how this would
qualify, under what we want to do. It might after we get
it re- excavated but the way it is now it is a matter of
restoring it to its use - not use but for scenic beauty and
for aesthetic value. I just don'.t see how this would come
within the province of that until it actually gets done.
Anyway this will move forward.
Don Wiggins: Let me ask you a question too, because I was under the
impression Lawson Associates in their study of the river bank
area and in the actual engineering study or whatever went on,
had at least found significant markers or things that would
.delineate this so that it could be submitted for inclusion
in the historic register. I was under the impression that this
had been done, that it was already registered, or whatever.
r. Brownell: No, I don't think so.
Chair: No, it's a very involved process.
Ir. Wiggins: Have any preliminary steps been taken?
r. Brownell: We thought we were taking the preliminary steps. We
talked to a man who does investigating for the National Parks
Service.
hair: The authority really on this thing is Ruth Price, so we'll
get her on this.
Ir.. Brownell explained that he spoke with John Fisher and Seitz and
hey got together and wrote the letter and didn't get a reply, that
as in September, so he wrote another letter.
11r. Wiggins: Yes, well, the reason I asked, it looked to me like this
is a question of "do not pass go, do not collect $200, go
back to square one ".
r. Brownell: Here are all the usual documents on it.
hair: Don, I don't think they will do a thing the way it is now, it
is filled in, see.
r. Brownell: We may have to dig it out, we do know where it is and
can prove it.
. Wiggins: Well, I'd like to have them clean and dig it out.
- 3 -
4. C
5.
a.
L
NICATIONS, (a) continued-
Brownell: Well, one of the things we can prove of course, the
bridges are still there and being driven over every day.
ir: The National Parks Service might give us some help in planning
and engineering.
Wiggins: I heard the figure bandied about that it cost a million
dollars to restore that back to where it was before they filled
it in. In that case, I'd like to have somebody else's million
or at least ours back.
. Brownell: Well, we'll pursue it.
ir: I guess all we need do is - I'll direct this be received and
placed on file. Is there any objection? Hearing none, the
Chair directs this communication be received and placed on file.
BUSINESS
Request from St. Joseph River Bend Development Corporation that the COLUMBIA
Department of Redevelopment assume responsibility for $5,000 of the STREET
cost for connecting storm drainage to the Columbia Street storm STORM
sewer since the sewer stub was unusuable as found. This item was SEWER
tabled at the meeting of November 17, 1976 - -and again at the meeting
of January 4, 1977, pending review and recommendation of legal
counsel.
Mr. Brownell: In your packet you have a copy of the letter which
Kevin Butler sent to Mr. Lloyd S. Taylor, Vice President of
St. Joseph Bank & Trust Company, a Trustee for the St. Joseph River
Bend Development Corporation. (Mr. Brownell read this letter in
its entirety).
Dispute: Columbus Wood Preservinq Company vs Nautilus Construction COLUMBUS
Company claim of subcontractor materialman, agreement has been WOOD PRESEF
reached with settlement of $12,428.93 ordered paid to Columbus VING VS
Wood Preserving Company by the Department of Redevelopment. NAUTILUS
CONSTRUCTIC
Mr..Brownell: I take it that'ordered paid' is something you are COMPANY
doing today as you approve the claim. CLAIM PAID
$12,428.93
Chair: Yes, we've approved the claim so this dispute is settled.
Mr. Brownell: The fact was that Nautilus claimed it would be settled
for $11,000, Columbus Wood Preserving claimed $13,000 and they
finally settled on this middle ground of $12,428.93. We've worked
out a plan with the attorneys whereby they will all three sign the
check, endorse it..Nautilus Construction Company, Columbus Wood Preserving
Company, and Patrick, Anderson & McDonald..so I think we will be
fully protected. I have here the agreement signed by both Rett
F. Donnelly of Patrick, Anderson and McDonald, and George M.
Batchelder.
- 4 -
5. ODD BUSINESS (Continued)-
c. Request for Commission approval of Amendment to Contract for
Professional Services with S. M. Dix & Associates, Inc. The
Amendment provides for extension of contract time to December
31, 1977 and maximum compensation shall be increased $2,000
for an amended contract price of $8,000.
C. Wayne Brownell: We had a contract (with Dix) that went up to
$6,000 and you will recall that Indiana Bell filed a claim
for relocation costs of $260,000 -odd dollars and in talking
this over with HUD, they have recommended that we hire a
consultant to review the claim. Our plan is to hire S. M. Dix
to do this work and we needed the addition to the contract.
ir: I think we should approve this if the Commission is so in-
clined. Do I hear a motion?
M�. Cira moved for approval and Mr. Wiggins seconded the motion.
At this point Mr. Gene Evans who had arrived late, asked for an ex-
planation of what it is we are hiring a consultant to do.
Tie Chair explained that the Department has been directed by HUD to
hire a consultant on the Telephone Company claim whereupon Mr. Evans
i dicated that he understood.
C air: Frankly, I don't know why we have to do it but this is one of
tie things that, when you take government money you get into govern-
m nt regulations and they (Dix) might be able to save us some money.
Mh. Brownell: They reduced the I & M settlement by $60,000.
AMENDMENT TO
CONTRACT -S.M.
DIX ETAL
$2,000
INCREASE
APPROVED
RE - IND.
BELL CLAIM -
RELOCATION
C air: Yes, we saved $60,000. I am convinced of course that our legal
s aff would be as good as negotiators as they are but this is one of
t e HUD regulations that we have to do,
. Wiggins: You have to have experts in everything.
. Evans: Is this a regulation or a recommendation?
M% Wiggins: Well, they wouldn't approve it unless we follow their rules,
y u know how that goes. We do not have in -house professional per -
s nnel to handle this at this point because we have pretty well closed
d wn that aspect of the project and we no longer have such people on
tie staff. S. M. Dix has been a contractor for us in a lot of this
e aluation, even when we had the staff handling it, they (Dix)
h ndled the "trickster" evaluation sort of thing and they are recognized
n tionally as an authority in this field. Inasmuch as the Telephone
C mpany wants a whole bundle of money, I think the position that HUD
t kes is very well taken that we do it this way - professionally.
- 5 -
5. OLO BUSINESS (Continued)-
c. Continued- Mr. Evans agreed that somebody needs to negotiate with
Indiana Bell but, as pointed out by Mr. Wiggins, why could it not
be our own attorney?
. Wiggins: The other aspect of this is that HUD is picking up the
b.
r. Evans: Yes, and they need to be satisfied.
. Wiggins: That is within their province.
Mr.lEvans: Thank you, I'm sorry, I did not mean to hold up the .(meeting).
Chalir: This claim is comparable to the I & M claim.
Mr.lEvans: Right, I understand.
The Chair called for the vote and Commission approval of Amendment to
Contract for Technical Services with S. M. Dix & Associates, Inc. was
una imous..contract time of performance to be extended to December 31,
1977 and maximum compensation shall be increased $2,000, for amended
contract price of $8,000.
d. equest for Commission approval of easement agreement between the
Department of Redevelopment and parties of interest in Block 6 Develo
men t, subject to review and approval by the Department of Engineering
of the City of South Bend. By letter of January 17, 1977, Mr. Kevin
Butler issued legal opinion and recommendation for grant of Joinder
in asement, subject to such review and approval.
C. dayne Brownell indicated that he would prefer to re -word the above
paragraph (d) and said that actually "what we need to do is consider it-
the Joinder in Easement- and after we get the changes made that were
sug ested by the Engineering Department in letter dated October 15,
1975 from Rollin E. Farrand, then we will bring it to you for approval.
Mr. Farrand wrote to Mr. Seitz some time ago ..at this point Mr.
Brownell read Mr. Farrand's letter to Mr. Seitz..Mr. Brownell then
stated that he felt we need to work out a satisfactory easement agree -
men before we bring it to you for approval, rather than to approve it
this morning.
The Chair asked for the proper procedure..perhaps to refer the matter
bac to legal staff.
Mr. Brownell stated that we have a letter from Mr. Butler—he then
reao the letter in its entirety..and said his.point was that he would
lik to get the approval of the Engineering Department before we act.
Chair: Lloyd, do you agree with that?
Llo. d Robinson: Yes.
M".
EASEMENT
JOINDER -
BLOCK 6
DEVELOPERS
REFERRED TO
ENGINEERING
DEPT. FOR
CHANGES
PRIOR TO
APPROVAL
PAGE 7 AMENDED
5. OLD BUSINESS, Continued-
d. r. Wiggins recommended that Wayne be directed to take this matter
p with the City Department of Engineering, motion seconded by Mr.
ira and carried.
hair: It will be re- directed to the Engineering Department.
r. Brownell reminded the Commission that both 5(a) concerning the
esponsibility of the Department of Redevelopment for assuming part
f the cost of connecting the storm sewer on Columbia Street; and
(b) concerning the Columbus Wood Preserving Company vs Nautilus
onstruction Company claim (settlement agreed upon in the amount of
12,428.93) were left to be acted upon before we take up new business.
,r. Wiggins moved compliance on item 5(b) request for payment of
settlement as set forth in the directive from Rett F. Donnelly and
eorge W. Batchelder, and City of South Bend Claim form dated January
12, 1977.. Columbus Wood Preserving Company vs Nautilus Construction Co.
l r. Wiggins also moved to file a request to affirm '.(the opinion of
egal counsel) on (a).
hair: I think it's academic but the motion is that we approve (b)
hich we have already done under "Claims" - but we will re- affirm
hat, and that we affirm the opinion of legal counsel concerning our
esponsibility for the storm sewer improvements in Block 6..i.e. that
e have no responsibility for the storm sewer errors.
6. NEW BUSINESS
a. Feguest for Commission approv a1 of Change Order No. 1 Contract
WCD /12 with Charles Brown Maintenance Service for increase in con -
ract amount of $213.99, for total adjusted contract price of $4,999.9
his dwelling is located at 536 N. Blaine Avenue, Diane Taylor, owner.
r. Brownell delineated the items on the Change Order and when the
hair asked if there was any discussion, Mr. Robinson asked "What
as the matter with the kitchen fixture ?"
Schaller said nothing is wrong with the fixture..oh, did you
an the "light fixture "?
. Robinson: You said water dripped in from the drain line and the
xture had to be replaced.
. Pfeifer: It shorted out and rusted out.
. Robinson: Oh, rusted out, OK.
COMMISSION
APPROVAL
C.O. #1
CONTRACT
NWCD /12
CHARLES
BROWN
MAINT.SER
$213.99
Notion to approve Change Order No. 1, Contract NWCD /12 as submitted
made by Mr. Robinson, seconded by Mr. Wiggins, and carried.
b. Per recommendation of the Southeast Advisory Board, Commission authori-
zation is requested for contract award per following bid, subject to
approval by South Bend Common Council and legal counsel:
ECD2 /PR /CS -7/56 630 E. Haney Ave. $7,035.00 Slatile Roofing &
Sheet Metal Co., Inc.
-7-
6. NEW BUSINESS, Continued-
c. Per recommendation of the Southeast Advisory Board, Commission COMMISSION
is requested to reject the following contract bids with subsequent REJECTED SIX
review and re- advertisement for bids as soon as possible (Southeast CONTRACT BIDS
Community Development Contract Set #08): SET #08-
ract No. Address
Bid Amount
SECD2
/PR /CS -8/60
1513 Marietta St.
$ 8,245.00
SE
D2 /PR /CS -8/61
1219 High St.
11,725.00
SE
D2 /PR /CS -8/62
415 E. Wenger St.
8,895.00
SE
D2 /PR /CS -8/63
1213 High St.
9,475.00
SECID2 /PR /CS -8/64 211 E. Calvert St. 9,070.00
SLATILE ROOFIN(
Contractor ETAL TO BE
RE -BID
Slatile Roofing etal
11 11 11
II 11 it
SE D2 /PR /CS -8/65 217 E. Pennsylvania 9,405.00 11 If If
Per attached tabulation, these were the lowest and only bids received on
these contracts.
Mr. Brownell read these two items from the agenda and explained that
these concern seven contracts that were bid by Slatile Roofing &
Sheet Metal Company, Inc. The Southeast Advisory Board has recommended
approval of bid,.... under 6(b) and rejection of the six bids under 6(c)
with review and re- advertisement as soon as possible.
Chair: That's No. 56 to be accepted and we reject No. -60 to -65, in-
cl live.
Mr. Brownell: This motion would be purely to approve this Contract -56
subject to South Bend Common Council approval.
Mr. Robinson moved for concurrence in the recommendation of the South-
east Advisory Board to approve bid by the Slatile Roofing & Sheet Metal
Co pany of $7,035.00 for the dwelling rehab project at 630 E. Haney Ave.
su ject to Common Council and legal counsel approval.
Mr. Cira asked how this could be approved when we have only one bid on
this.
Mr. Brownell stated that the other contractors did not bid and the Chair
indicated that this.has happened a number of times.
Mr. Cira asked why you would want to approve it then.
Mr. Brownell stated that we want to get the thing fixed.
Mr Cira then asked why this one should be approved if we reject the
of er six.
Z Mr. Wiggins: The others were rejected because the bids were above our
ma imum limit.
a
6. NEW BUSINESS, Continued-
Mr Brownell: The reason for the objection is that four of these
are above our maximum limit and on the other two, the recommendation
of the Committee was that the bids were so much higher than we thought
the cost should be.
the ball park?
got.
the bid on Contract -56
ion carried.
next item before the
Mr Cira: Then this one (Contract -56) is in
Mr Wiggins: Yes, and it's the only one they
Mr Cira then seconded the motion to approve
as recommended by the Advisory Board and mot
Mr Brownell then mentioned item 6(c) as the
Commission.
Mr Robinson moved for rejection of the six contract bids - Contracts
nu ber -60 through -65. Motion was seconded by Mr. Wiggins and carried.
d. Commission approval requested for Change Order No. 1 to Contract CHANGE ORDER
No SECD /PR /CS -7/54 with Slatile Roofing & Sheet Metal Co. for an in- NO. 1,CONTR.
crease in contract amount of $300, for an amended contract total of SECD /PR /CS-
$4 700.00. This dwelling is located at 506 E. Broadway, The owners /54 APPROVE
are Floyd & Roberta Williams. $300.00
Mr Brownell read the Change Order additions and the explanation for
sa e.
Mrs Wiggins moved for approval of the Change Order.
Mr Robinson asked how long - or what's the difference in time between
th inspection and actual occurrence?
MrJ Schaller: This one was within about sixty (60) days.
Ch ir: As I recall, in response to Lloyd's previous questions about
th s some weeks ago, you are trying to cut down this period to less
ti e.
Mr
Mr.
Mr
Mr
Mr
Mr.
jo.
Mr.
Mr
Schaller: That is correct.
Robinson: Has the cold weather had any effect on this?
Wiggins: It probably did.
Schaller: Yes, it did.
Robinson: When water gets under something, it has to go somewhere.
Schaller: The calking around the flat section of the roof where it
Ins the house had deteriorated.
Robinson: There wasn't any indication before this then?
Schaller: No.
6. NEWIBUSINESS, Continued
Mr. Wiggins: It says the leak was noticed on December 8. We had al-
rea y had a good five weeks of winter by that time - because it
(wi ter) started the first of November if you remember.
Mr. Evans: A kind of curiosity question - can you actually repair this
in his kind of weather, or is it going to be...
Mr. Schaller: No, the roofer has made temporary repairs to stop the
lea and as soon as the snow is off the roof and he is able to actually
do he work, he will, but the leak has been stopped.
Mr. Wiggins: Well, that's an improvement from some of the performance
problems we had in the past. We had some of these where the - where
no remedial action was taken even of a temporary nature and then we
ran into a great big problem later on.
Mr.
Mr.
can
Mr.
Evans: I would think....
Wiggins: Well yes, the temporary thing will handle it until they
get at it and fix it more permanently.
Schaller: The cost of fixing it temporarily is also included.
Motion was made by Mr. Wiggins for approval of the Change Order, with
second by Mr. Cira. Motion carried.
e. Commission approval requested for Change Order No. 1 to Contract
No. SECD /PR /CS -4/30 with Slatile Roofing & Sheet Metal Co., Inc. for
a decrease in contract amount of $75.00, with amended contract total
of 5,592.00. This decrease is the result of a deletion of proposed
replacement of first floor bathroom lavatory fixtures, such repair
haO ng been accomplished by the homeowner.
Chair: There should be no objection to this Change Order.
Upo motion by Mr. Wiggins for approval of this Change Order, Mr.
Cir seconded the motion and it carried.
Mr. Wiggins: There's one item back here in one of these other ones -
I'm no plumber but it looks like it would be a magnificent business
to be in. There was an $80. cost to replace faucets since they can't
take them out. I don't understand that. They were going to rebuild
them. What can you rebuild if you can't take them out? If you put in
a s em and a washer and a new handle and that's $80 - the same as it
cos s for a whole new thing.
Mr.lRobinson: You're talking about labor at this point, rather than
mat rials.
Mr. Wiggins: You mean it takes more labor to rebuild one than it does
to tick a new one in?
Mr.
Robinson: Oh sure.
- 10 -
CHANGE ORDER
NO. 1,CONTR.
SECD /PR /CS -4,
30- SLATILE
ROOFING -
DECREASE OF
$75.APPROVED
6. NEWIBUSINESS, Continued-
(e). Continued- Mr. Wiggins: Well I'm one of those happy homeowners
that does it myself and it doesn't cost me that kind of loot.
Mr. Robinson: Well, that's a labor of love for you.
Further discussion concerned the fact that cleaning of the drain
cost $60.00 and we do not know how many feet of drain are being
cleaned.
Mr. Wiggins: That's an expensive snake they run through there.
Chair: I can see where you run into problems if you can't get
the snake through there.
7. PROGRESS REPORTS
Cha r: Do I deduce Mr. Evans that we have your successor here? PROGRESS
REPORTS
Genf Evans: Yes, Mr. Chairman.
Chair: Good, that would be progress to report.
Mr. Evans: Yes Mr. Chairman, you're absolutely right. It is progress.
I s ould like to introduce to the Commission and the other people in the
meeting, Karen Gleason who is the new Executive Director of the Civic
Pla ning Association.
Ms. Gleason was welcomed by the Commission and attendees and the Chair
stated that we have had a very good relationship with her predecessor
and his predecessor and welcomed her.
Ms. Gleason: Thank you. I think it's very interesting to note that
Civic Planning has had only three Directors in forty -five years. I
thi k that says something in itself. A good record.
Mr. Brownell indicated he wished to report one more thing—the protec-
tiol on the bridge is installed. "I haven't seen it, you can't drive
over to it in this weather apparently. I talked to the contractor
thi3 morning. He said they prepared it in their shop and drilled,and
put the bolts in and then went over and installed it. They had to
car ,,y it in. I haven't seen the report from the Engineer on the
approval of the punch list, after the Engineer inspected it, there
wer certain things that had to be done. He says he has done them. I
don't have that yet but apparently the protection is there.
Mr. Wiggins: I'm relieved. That looked like a real possibility for
tro ble.
Mr. Robinson: Now since they have that new barricade put up down there
I s ppose some kid will get up there and start walking on top and fall
off and break his arm.
- 11 -
7. PRO�RESS REPORTS, Continued-
Mr. Brownell: Yes, fall off the barricade—that would be awful.
8. NEX� COMMISSION MEETING
Chair: There being nothing further, the next Commission Meeting will NEXT COMM. MEE'
be on Friday, February 4, 1977, at 10:00 A.M. The Chair, 2 -4 -77
unfortunately, will be battling in court in Indianapolis. Mr.
Wiggins, you will be in command.
Mr. Wiggins: Oh joy, it will be a short meeting.
The Chair admonished the Secretary, Ms. Barth, to determine whether
the -e would be a quorum on that date.
Mr. Cira: I won't be here. I will be out of town that weeK.
Chair: If Pete (Donaldson) isn't available, you won't have a quorum.
I will be in Indianapolis that day.
Mr. Brownell: We will check to see if we can get a quorum and if we
cannot, then we will let you know.
Chair: I tried to get this thing changed but it had been set so I
couldn't change the court date.
9. ADJOURNMENT.
Th re being no further business before the Commission, motion was ADJOURNMENT
ma e for adjournment at 10:40 A.M. by Mr. Wiggins, seconded by Mr.
Ci a and carried.
Wa nell, Executive
(SEAL)
- 12 -
resident