HomeMy WebLinkAboutRM 08-05-77SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
August 5, 1977
10:00 A. M.
Presiding Officer: F. Jay Nimtz, President
1. ROLL CALL
Commissioners Present
Legal Counsel
Communi
GUESTS
LPA Staff
lopment Staff
1200 County -City Building
217 West Jefferson Boulevard
South Bend, Indiana 46601
Mr. F. Jay Nimtz, President
Mr. Donald Wiggins, Vice President
Mr. Robert J. Cira, Asst. Secretary
Mr. Lloyd Robinson, Sr., Member
Mr. Kevin J. Butler
Mr. Edward Chapleau
Ms. Jeanne Derbeck, South Bend
Tribune Reporter
Mr. Keith Crighton
Mr. Ken Schaller
Mr. John E. Davis
Mr. Richard Pfeiffer
Mrs. Edith Hawley
Mr. C. Wayne Brownell
Mr. Marc Brammer
Ms. Christine L. Trippel
2. APPROVAL OF MINUTES
On motion by Mr. Robinson and seconded by Mr. Cira and carried, the Minutes
of July 22, 1977 were approved as mailed.
3.
APPROVAL OF CLAIMS
On motion by Mr. Wiggins, seconded by Mr. Cira and carried, the claims in
the amount of $8,551.74 were approved as submitted and were allowed and
ordered to be paid.
Page Two
Regular Me ting Minutes of August 5, 1977
3. APPROVAL OF CLAIMS (CONT'D)
List cf claims approved this date is as follows:
PROJECT EXPENDITURE ACCOUNT INDIANA R -66
The Abstract and Title Corporation
Kevin J. Butler
Edward A. Chapleau
James E. Childs & Associates
TOTAL
REDEVELOPMENT DISTRICT CAPITAL
Curly's Sales and Service
TOTAL
REDEVdLOPMENT REVOLVING FUND
Payroll: 7 -2 -77 thru 7 -15 -77
Kevin J. Butler
Credit Bureau of South Bend- Mishawaka
Gates Chevrolet Corporation
Indiana Bell Telephone Company
James R. Meehan & Associates
Muszy ski Insurance Agency, Inc.
Muszy ski Insurance Agency, Inc
Osco rug
R. L. Polk & Company
Urban Planning Assistance
Amoco Oil Company
TOTAL
GRAND TOTAL
$ 979.00
620.00
300.00
2,031.25
$ 3,930.25
$ 37.10
$ 37.10
$ 2,734.04
200.00
5.00
8.00
414.92
15.00
20.00
1,000.50
10.78
62.00
24.25
$ 4,584.39
$ 8,551.74
4. COMMUNICATIONS
Mr. Brownell made the following report on all communications received:
Page Three
Regular Mee ing Minutes of August 5, 1977
4. COMMUNIICATIONS (CONT'D
a. Letter from James E. Armstrong, Area Director, HUD, dated July 25, 1977
RE: Closeout Agreement R -57. This letter congratulated us on the successful
coilpletion of this program and returned to us an executed copy of the
cl seout agreement. Mr. Nimtz ordered this received and placed on file.
b. Letter from Stephen J. Havens, HUD Director of Community Planning
and Development, dated July 26, 1977, RE: Disposition of Parcel 6-1,
S—u3parcels E and F. This letter notified us of HUD's receipt of our
of idavit stating the resale of Parcel 6 -1 subparcels E and F from
St. Joseph River Bend Development Corporation to International
Co structors was without speculation and without profit. HUD placed
th -s information in the R -66 file and considersthe matter resolved. Mr.
Ni tz ordered this received and placed on file.
c. Letter from Peter H. Mullen, City Controller, to C. Wayne Brownell,
Fate July 2 , 1977 RE: Six ear ca ital im rovement program. Mr.
Brownell reported that Mr. Mullen requested us to attend an orientation
session on August 10 to discuss the future capital needs of the City, and
fill out project data forms to aid the coordination and define needs of
an substantial capital expenses for any purpose here in the City. Mr.
Ni tz indicated that Mr. Mullen's request be complied with and the information
be received and placed on file.
d. Me no to file dated July 29, 1977 RE: drinking fountains. Mr. Brownell
co municated with the Ideal Consilidated Corporation on the 29th of July
and Mr. Graff told Mr. Brownell that the drinking fountains were shipped
fr m California on the 25th and should arrive either August 2 or 3. Mr.
Br wnell received a call from Ideal on the 3rd and they reported receipt
of the shipping ticket from Haws. The fountains should arrive today and
the old ones would be taken out so the new ones could be installed on the 4th.
On the 4th Mr. Brownell personally inspected the sites of the drinking
fountains and found no evidence of any work being done on the fountains.
After calling Ideal, Mr. Brownell was told Ideal would go down to the mall
with the man from Hickey to start cutting out the concrete for the new
fountains. Today (August 5) Mr. Brownell called Ideal, and Ideal called
back when they were in to tell Mr. Brownell that concrete was broken for
two of the fountains, one near Inwood's and one south of Dainty Maid and
would be installed today. The others would be installed the first part
of the week of August 8. Mr. Nimtz indicated that this was good news
and should be placed on file.
e. Bid Letter for the proposed Century Center Mall.
f. Ma or Nemeth's press release concerning the proposed Century Center Mall.
Since this information has been much in the public's knowledge, Mr. Nimtz
suggested that a motion be made to receive this and refer to the legal
counsel and staff for further report. Mr. Wiggins moved that this be done,
seconded by Mr. Robinson and carried. Mr. Nimtz indicated that a special
meeting should be held a week from today at 11:30 a.m. to discuss the staff
and legal counsel findings, provided they were ready to report. Mr. Wiggins
moved that this be done, seconded by Mr. Cira. All were in favor of a
special meeting to be held at 11:30 a.m. EST on August 12, 1977 in the offices
of the Commission. Mrs. Derbeck asked the purpose of the meeting and Mr.
Page Four
Regular Meeting Minutes of August 5, 1977
4. COMMUNIICATIONS (CONT'D
Nttz clarified that the content of the meeting would be for the purpose
o hearing a report from the legal counsel and staff and action oh-7the proposal.
g. Letter dated July 20, 1977 and received August 4, 1977 from James E.
Armstrong RE: the approval of our requisition for Federal capital
ant payment for Project Indiana R -57, Contract No. Indiana R -57 (LG
M . Brownell indicated that this money will be applied on the notes($186,553.00)
when available in December. Mr. Nimtz ordered this information received
and placed on file.
Mr. Brownell indicated a problem on the mall at the location of
Jefferson at Michigan Streets of spalling of the concrete which was
discovered on the final inspection of the mall. Clyde Williams
indicated that we get core samples at a cost of $150.00 each to
determine how much air was in the concrete and determine if this
was the error of the contractor. Without these core samples we
could not have any chance of holding the contractor responsible.
The total cost would be $300.00. Mr. Robinson indicated that the
contractor could not be held responsible after a year and since
n thing could be done without the samples they should be done.
M Wiggins moved that the core samples be gotton, seconded by
M Cira and carried.
5. OLD BUSINESS
There was no old business to report at this meeting.
6. NEW BUSINESS
C mmission approval was requested for Change Order #1, Final Demolition
C ntract 39 for Ritschard Brothers to be paid an additional $8,347.46
aE a result of the demolition contract new balance of over -runs and
u der -runs of quantities as actually found on site. This action was
r commen ed by Mr. John Leszcz nski, Manager of the public bureau of
c nstruction and Ritschard Brothers. Mr. Brownell indicated that the
e gineer's estimate of the cost was $66,521.00 for the contract and
b ) this change order the actual cost would be increased to $62,101.45
w ich was well within the estimate. Brief discussion was held about
t e work that had been done and it was indicated that contract prices
w re based upon unit prices. Mr. Wiggins moved that the change order
bE approved, seconded by Mr. Cira and carried.
Page Five
Regular Me ting Minutes of August 5, 1977
6. NEW BUSINESS (CONT'D
b. Commission approval was requested for Change Order #1, Demolition and
Site Clearance Contract 37 for Julius O'Neal Trucking Company for
00.00 to demolish vaulted sidewalks and replace concrete sidewalks.
T is change order is actually a complete addition to this contract and
was given to O'Neal because of his closeness to the problem areas.
My. Brownell stated this repair work was actually a part of the Hickey
C mpany contract, but as we didn't go ahead with Hickey on the mall, this
work was never done. Mr. Wiggins moved the change order be approved,
Mr. Robinson seconded, and the motion was approved by all.
c. Change Order #1 NWCD /PR /CS -4/22 to increase the contract by $1,585.00
was requested for approval on recommendation of John E. Davis, Project
Director /North Bureau of Housing. The change order involved the
changing of the sheeting on the roof so that new roofing.can be installed.
Mr. Wiggins moved the approval, seconded by Mr. Robinson and carried.
d. Change Order #1, Contract NWCD /24 to increase the contract by $370.00
on recommendation of John E. Davis, Project Director /North Bureau of
Housing was requested for approval by the Commission. This change
order involves the replacement of rotted windows which have become
in perable. Mr. Wiggins moved the approval, seconded by Mr. Cira
and carried.
e. Th approval of the following bid contracts to Brittain Construction,
B.4. Electric, R.A. Stickler, Owens Heating as submitted to the Commission
we ,,e rejected for re -bid as moved by Mr. Robinson, supported by Mr. Cira
anJ unanimously accepted.
(1)
Contract
Set
#04
Brittain Construction Co.
$38,687.00
(2)
Contract
Set
#04
B.W. Electric Company
$ 9,244.00
(3)
Contract
Set
#04
R.A. Stickler Plumbing
$ 3,186.75
(4)1Contract
Set
#04
Owens Heating Company
$ 2,730.00
f. Approval of Change Order #1, Contract SECD /PR /CS -6/49 was requested
to increase the contract amount by $500.00 as recommended by Kenneth
J. Schaller, Project Director, Bureau of Housing South. Mr. Schaller
in icated that part of this change order was initiated by the home
ow er. Mr. Wiggins moved for approval, seconded by Mr. Cira and carried.
g. A roval is r
R-57 with Mr.
h. A roval is r
R-57 with Mr.
uested of the
ack Harris.
uested of the
ence.
ontract for Re -Use Appraisal of Indiana
contract for Re -Use
)raisal of Indiana
Mr. Brownell stated that unfortunately these contracts have not been
negotiated and therefore cannot be brought before the commission today.
Mr. Brownell requested that these two items be passed to the next regular
Commission meeting. The Chair requested that these two items be
placed on the agenda for the August 19, 1977 meeting.
Page Six
Regular Meeting Minutes of August 5, 1977
6. NEW BUSINESS (CONT'D
i. Approval is requested for the addendum to the contract dated December
17, 1976 and also the new contract dated August 5, 1977 for James E.
Childs and Associates for architectural services for the R -66 Project.
The request of these documents is to increase the amount of money needed
for the contract $2,500.00 and extend the length of the contract for
services to July 31, 1977. Mr. Robinson motioned that these contracts
be approved subject to legal counsel approval. Seconded by Cira
and no further discussion, the contracts were approved subject to counsel
approval.
7. PROGRESS REPORTS
a. Pr gress report requested by the Commission of the updated listing of
Ch nge Orders approved by the Redevelopment Commission on July 22, 1977.
b. Progress report of the updated list of Bureau of Housing Applicants approved
by the Commission July 1, 1977.
Mr. Nimtz asked that this information be received and placed on file,
and if there were any questions regarding the reports, that they be
brought up at the next Commission meeting.
At thi time Mr. Nimtz introduced to the commission a concerned business owner, Mrs.
Edith awley to address those in attendance. Mrs. Hawley presented the
following statement:
"My narne is Edith Hawley, I am the proprietor of the Jefferson Book Store
at 111 West Jefferson. In 1962 I established the Readmore Book Store at
132 South Main. After two years of little or no profits, I established a
profitable business, small but ample for my needs. In 1968 Urban Renewal
forced us out of this venture. In 1968 I again established my present store.
After nother two years of working for nothing I now have a prosperous business,
which ou propose to destroy. If I am not properly compensated for the
fruit ss years I shall take all legal steps necessary to obtain justice.
Furthermore, I and the other merchants in the 100 block of West Jefferson
object to the needless destruction of sound buildings. The bulldozer
mentality of our early planners is apparent in that big ugly spot they
call "The Hole" and on north and south Michigan. Let's not make the same
mistake twice.
NOW there is a proposal to spend a million or more on another garage to give
free parking, the benefits of which would accrue to the promoters of this
latest scheme. Here's the catch: the cost of this structure would come out
of the pockets of the taxpayer, and I am one of them. In other words, you
are asking me to pay for something that would destroy my livelihood, that's
like alsking me to furnish the rope for my own hanging."
Page Seven
Regular Me ting Minutes of August 5, 1977
Mr. Nimtz requested the statement be copied and placed on file and thanked
Mrs. Fawley for expressing her opinion to the Commission. Mrs. Hawley
was asked by Mr. Cira if she would consider moving into the new mall to
which she answered she had not been approached, but was not happy about
havinc to move again and pay out moving expenses. Mr. Brownell explained
that under regulations a person would receive relocation funding. Mrs.
Hawle explained that this would not compensate for loss of business in
the m ve. Mr. Brownell explained that she would be able to relocate
durin the mall preparation and building in a space near her original
location as there are prospective spaces available. Mrs. Hawley stated
that as a small business owner she had no large chain or home office to
aid her and that moving into the mall would increase expenses and make
business unprofitable. Mrs. Derbeck stated that Mrs. Hawley had a valid
statement and wondered what would be done to help otherslike herself.
Mr. Wiggins indicated that the updated federal regulations are greatly
improved over what regulations were in existance when we first started
downtown redevelopment. The regulations are far more liberal in their
terms and they do make an attempt to make the person well or keep them
well so that their business will continue without causing them any undue
economic hardship. Even so, he continued, all of this is conditional
in nature because most outcomes are dependent on the efforts of the
person in business. Business owners are still going to have to do
some hustling on their own. The people that were moved out in the
last 'go- round' were not neglected or ignored. All were offered a number
of alternatives, in fact in many cases they were offered several different
relocation sites. In addition, Mr. Wiggins stated that some businesses
matured along with the situation and the idea of doing three or four
times the business didn't appeal to some, some didn't want to work that
hard at this stage of the game, this is what happens when you increase
traffic. For Mrs. Hawley this is a different ball game, we have no wish
to disadvantage her or anyone, but we will do the best with what is
available. Mrs. Derbeck raised the question of how the James E. Childs
Associates were chosen to do the architectural services for the various
Redevelopment projects, and it.was determined-through discussion.that
profession services are not services which one bargains and bids prices on,
that hey are chosen for their ability to perform.
8. The next Regular Commission meeting will be August 19, 10:00 EST and a
Special meeting will be held on August 12, 11:30 a.m. EST.
9. Mr. Wiggins motioned for adjournment, seconded by Mr. Cira. The meeting
adjourned at 10:50 a.m. EST.
mtz, President rownell, Executive Dir.