HomeMy WebLinkAboutRM 06-02-781. ROLL
_JUTH BEND REDEVELOPMENT COMMISS�_.4
County -City Building, Room 1200
227 W. Jefferson Boulevard
South Bend, Indiana 46601
COMMISSIONERS' REGULAR MEETING
Friday, June 2, 1978, 10:00 AM
PRESIDING OFFICER: F. Jay Nimtz, President
CALL
issioners: F. Jay Nimtz, President
Donald A. Wiggins, Vice President
A. Peter Donaldson, Secretary
Robert J. Cira, Asst. Secretary
Legal Counsel:
Kevin J. Butler
Media: Dave Anderson, Reporter WNDU -TV
J. Scott Brink, WNDU -TV
Jeanne Derbeck, South Bend Tribune Reporter
Larry Ford, Reporter, WSJV -TV
Jim Robinson, WSJV -TV Photographer
om unity Development
St ff: James M. Harcus
Kathy Baumgartner
Kenneth Schaller
LPA Staff: C. Wayne Brownell
Gertrude E. Barth
Marc Brammer
Others present: E. L. Cavanaugh, Jr., First Bank & Trust Co.
Chair: Pursuant to legal notice given in the South Bend Tribune on May 12 and
May 19, 1978, and in the Tri County News, Free Press Publishing Co. on
the same dates, we will open a public hearing concerning the advertised
land use change for Indiana Project R -66 and related activities for
land acquisition. Unless there is opposition or objection from the
Commission or any of the public who are present, we will recess this
public hearing pending the regular meeting of the Commission and con-
tinue the public hearing following the Commission regular meeting.
Do I hear any objections? Hearing none, the public hearing is recessed
until the conclusion of the regular meeting of the Commission.
We will now open the regular meeting of the South Bend Redevelopment
Commission and, as previously stated, we do have a quorum.
2. APPROVAL OF MINUTES
On motion by Mr. Wiggins, seconded by Mr. Cira and carried, the Minutes of
the Regular Meeting of the 19th of May, 1978, were approved as mailed.
3. APP TVAL OF CLAIMS
On motion by Mr. Wiggins, seconded by Mr. Cira and carried, the claims in
South B nd Redevelopment Commission
Commissioners' Regular Meeting
and Public Hearinq - June 2, 1978
3. APPROVAL OF CLAIMS, Continued
the amount of $7,564.13 were submitted and were allowed and ordered to be
pai . The authorized claims were as follows:
PROOECT EXPENDITURE ACCOUNT INDIANA R -66
Ronald E. Gettel
Rath D. Lauver
3121 LOANS
National Homes Acceptance Corp. (Norman)
National Homes Acceptance Corp. (Gilkey)
REDEVELOPMENT REVOLVING FUND
Pay oll: May 15 to May 26, 1978
Sch'llings Sales Company
Tri County News
Van e RefrigeratorService
4. C
a.
b.
ICATIONS
$ 2,000.00
2,000.00
Total $ 4,000.00
$ 61.00
188.00
Total $ 249.00
$ 3,243.00
Total
Grand Total
21.27
35.28
15.00
$ 3,315.13
$ 7,564.13
Letter dated May 24, 1978, from Albert G. Smith, Acting Director,
Community Planning and Development Division, HUD Area Office,
re: Central Downtown Project IND R -66, Disposition Parcel Block
6, St. Joseph River Bend Development Corporation.
After Mr. Brownell read Mr. Smith's letter, it was observed that
this matter of approval for Lowes' Inc. as a redeveloper is purely
academic since the building has been built and is occupied by
Lowes' Inc. at the present time. This letter was ordered received
and placed on file.
Letter dated May 19, 1978, from Donald J. Napoli, Director, South
Bend Public Library, concerning extension of deadline to begin con-
struction on the parcel of land south of the Main Library.
Mr. Brownell read this letter and since no action is necessary at this
time, the Chair directed it be received and placed on file.
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South B nd Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
Friday, June 2, 1978
4. COMMUNICATIONS, Continued
c. Letter dated May 17, 1978, from Thomas A. Oesterling, of Clyde E.
Williams & Associates, Inc., re: Inspection of Urban Renewal Project
Indiana R -66, Phase III Contract #5, as part of Contract 3 year
guarantee against defective material or workmanship. Hickey letter
dated May 5, 1978.
Mr. Brownell read this letter and Mr. Wiggins inquired if it was
necessary - in compliance with this letter - to make a formal motion
to release Clyde E. Williams from any future obligation.
Mr. Butler replied that such a motion should be made if that is
indeed the desire of the Commission (to release the Hickey Co. from
the 3 year guarantee).
Mr. Brownell recommended that such a motion be made.
Mr. Wiggins then moved that the Hickey Company be released from their
3 year guarantee against defective material and workmanship concerning
Indiana R -66, Phase III, Contract #5 - motion was seconded by Mr.
Donaldson and carried.
5. OLD BUSINESS
a. Commission approval is requested for the following contract awards for
General Construction, Electrical Construction and Plumbing Construc-
tion, Contract Set #04A. This is a re -bid of Contract Set #04 since
there was a discussion and recommendation at the regular meeting of
April 20, 1978 to table these bids until a subsequent meeting.
Contract Set 04A Jurtin's Construction $21,723.00
to F & F Electric Company 4,810.00
" to R. A. Stickler Plumbing 2,463.00
Mr. Wiggins: Have the problems that arose in the last meeting (in
regard to these contract bids) been resolved?
Mr. Brownell: We are in compliance with the letter we received from HUD
as I understand it.
Mr. Harcus: Correct sir.
Mr. Wiggins: Then we have no jeopardy here in terms of liability for
non - compliance? OK.
Mr. Donaldson moved for approval of contract awards as set forth
above, seconded by Mr. Wiggins and carried.
6. NEW BUSINESS
a
Commission approval requested for Change Order No. 1 to Northwest
Contract Set No. 6 awarded to Charles Brown Maintenance Co., Inc.,
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South B nd Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
Friday, June 2, 1978
6. NEWIBUSINESS, Continued
b.
for an increase in contract price of $641.00, dwelling is located
at 1017 Lawnaale Avenue, South Bend.
Mr. Brownell: This Change Order is before you with a letter from
Mr. Schaller and it indicates that they had to install ceiling tile
in the kitchen and wallboard, for ;a total of $943.00 and deleted two
items for a total of $292.00, leaving a net increase of $641.00 in
the contract price. It is our understanding that this problem arose
because they were unable to match the tile so they are going to
use the tile they salvaged from the kitchen to match it.
Mr. Butler: How much is the ceiling tile that is to be added, I don't
see that included here in the letter.
Mr. Schaller: That item is something that is to be added to the
kitchen.
Mr. Wiggins: Is this a drop ceiling?
Mr. Schaller: No, it will be ceiling tile that is put up with f rring
strips.
Mr. Cira: Evidently installing that tile from the kitchen to the
dining room would be strictly a labor cost, is that right? How many
hours does that figure out?
Mr. Schaller: I don't have the figures for the man hours.
Mr. Wiggins: You have it both ways, first the tile must be removed,
then put back up in the dining room. That sounds reasonable, I move
for approval.
Motion was seconded by Mr. Cira and carried for approval of Change Order
No. 1 to Northwest Contract Set No. 6, for a net increase in contract
amount of $6.41.00.
Commission approval requested for Section 312 Loan Applications for
the following:
Name
Robert & Margaret Adams
806 E. Indiana Avenue
Willie & Terry Smith, Jr.
1015 E. Dubail Avenue
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Amount Loan Number
$ 2,900 18 /SOU- 2/29/1 -77 -78
10,000 18 /SOU- 1/28/1 -77 -78
South Bend Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
June 2, 1978
6. NEW BUSINESS, Continued
John & Earlene Fitzpatrick
10i Woodward Avenue
David Allen & Deborah Thorn
701 Cottage Grove Avenue
Mary Ann Woodham
910 Stanfield
Frederick A. & Mary R. Bradley
7171 N. Francis St.
Amount Loan Number
$ 8,650 18/7MC- 0011/26/1
15,750 18 /7MC- 0011/28/1
5,700 18 /7MC- 0011/27/1
11,400 18 /7MC- 0011/29/1
Mr. Wiggins: Do you,have all the documentation there?
Mr. Brownell: I have it all here.
Mr. Wig ins then moved for approval of all six 312 Loan Applications, seconded
by Mr. onaldson and carried.
7. PROGRESS REPORTS
Mr. Brownell: There are no progress reports this morning.
Chair: We should make note of the fact that the $100 filing fee has been
paid to the Supreme Court....Kevin, you might explain what that is.
Mr. Butler: This is a transfer fee from the Court of Appeals to the Supreme
Cou t.
Ms.�Derbeck: That means then that you are moving the case to the Supreme
Cou t?
Mr.l Butler: We are trying to.
Mr. Nimtz: Trying to transfer the case from the Court of Appeals to the
Sup reme Court, that would be the correct cognomen and nomenclature?
Ms. Derbeck: You paid a $100.00 filing fee charge today, that was approved?
You are bypassing the Court of Appeals?
Mr. Nimtz: We are trying to, we have asked the Supreme Court to take
jur- sdiction over the matter—The $100 is the fee paid to the clerk of
the Supreme Court.
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South Bend Redevelopment Commission
Commissioners' Regular Meeting and Public- Hearing
June 2, 1978
7. PRO(
Ms.
Mr.
Ms.
Mr.
Ms.
Mr.
and
to Y
'RESS REPORTS, Continued
Derbeck: For filing this request?
Nimtz: Correct.
Derbeck: Any idea when you will get an answer?
Butler: Within thirty to sixty days.
Derbeck: What usually happens?
Butler: I am sure that the Supreme Court will look upon the request
act quickly because generally the reason for asking for the bypass is
educe the time of the appeal. That is obviously our intention here.
Ms.lDerbeck: It is up to the Supreme Court to decide?
Mr.. Butler: To decide whether it is a matter of significant nature to
acc pt direct jurisdiction.
Lary Ford: Kevin, isn't there an express time table built into this anyway
for these kinds of matters?
Mr. Butler: Simply "expeditiously" - but after the Court of Appeals makes
its determination, that decision can then be appealed to the Supreme Court.
So we are anticipating whatever their determination would be, the losing
party would appeal it to the Supreme Court so this action bypasses the
Court of Appeals and takes it directly to the Supreme Court.
Mr.
Mr.
Ms.
Kev-
Ms.
a pi
thi!
Ford: Why hasn't the Court of Appeals already acted on this?
Butler: "Expeditiously" means something less than two or three years.
Derbeck: I don't think all the papers have been filed, have they?
n Butler: No, all the briefs have not been filed.
Derbeck: I have one more question: the other day Tom Brademas brought
-oposal to the City Council, shouldn't that proposal have been brought to
Commission?
Mr. Brownell: I would think so if he wants to go ahead with it. If he
doe$n't bring it here, it won't ever go.
Ms.
Mr.
Derbeck: Then you have not heard from him on it?
Brownell: Not officially.
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South Bend Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
June 2, 1978
7. PRO IORESS REPORTS, Continued:
Mr. Nimtz: It has been discussed with us unofficially, let's say with
cer ain members of the Commission.
Ms.
Mr.
Ms .
on,
Derbeck: But he hasn't come as he did with the other body?
Brownell: No.
Derbeck: But that is Redevelopment -owned land that he wishes to build
is it not?
Mr. Wiggins: However, he has other conditions and other problems that he
will have to have satisfied by the city before he would even want to be-
com a bidder so I suppose that is the reason why he went to them first,
wit out approval and help from the city to cover the request for the
fed ral help based on the financing of the housing that he proposes in
that, he wouldn't have a viable package so he's go to be sure that the
citt is willing to ask for the Section 8 Housing that he wants and seek
the granting of that before he's even in the market for the land, this
is a kind of speculative—thing—it could go either way and until or unless
he 's in that kind of position, he's not really asking us to put the land
on he market so that he might bid on it and at this point we don't have
oth r people who are asking that they might bid on it either—it's kind
of hopeful sign at least.
Ms.
Mr.
Ms.
ins
muc
Derbeck: He did not get formal approval then?
Wiggins: No, I don't think he put a formal request before the council.
Derbeck: What I meant is now and then I hear people, Chris Murphy for
:ance, saying that they don't think it is a good idea to have very
i subsidized housing downtown.
Mr. Wiggins: I think everyone is entitled to their own opinion, Brademas
obviously thinks otherwise.
Ms. Derbeck: Well, questions are being raised, is this the best us of the
lan ..
Mr. Wiggins: Apparently none of the developers have found a market at this
point, this may change a year from now, but they have not found a signifi-
cant market for housing that is not subsidized - that is luxury type
housing, at least they don't feel they have, to propose building them.
Ms. Derbeck: Well, perhaps it is because you do get the subsidy for this
type of housing..
Mr. Wiggins: Well, there are limitations in that, so far as occupancy is
con erned, but even in the housing that Tom is talking about, he quoted
I_b lieve an expected price figure of $342.00 monthly rental costs per
unil and that comes out a little salty for the ordinary run of housing.
If 3ou are talking about luxury housing, you would expect more luxury than
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South Bend Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
June 2, 1978
7. PROGRESS REPORTS, Continued
he is building,:at that figure, plus added security costs and other things
that go with the type of luxury housing that comes to mind when you
speak of it - like the sort of thing that is along the Chicago lake
front, etc. ..you are talking anywhere from $700 to $1500 a month per
unit, how much market there is fo.r that kind of housing in this area,
I don't know. I am not in that business.
No one is going to go out on a limb and build apartments at those kinds
of figures unless they have some pretty good expectations of customers for
Ms. Derbeck: But I said that piece of land doesn't have to be devoted
to housing at all.
Mr. Wiggins: No, but at the same time we do not have other customers
knocking on our door to build anything else there.
Mr. Brownell: I think it is only fair to say that one of the reasons that
he is talking about housing is because he can get financing that way.
Mr. Wiggins: This is part of what Tom appears to have built in in the
thi gs that he has proposed so far. It is one of his avenues to finance
his program.
Ms. Derbeck: Shall the decisions about what is to go in downtown be made
on the basis of a developer being able to get Federal subsidies?
Mr. Nimtz: Jeanne I think we need a mixture, I think this has been the
feeling of the Commission through the years, we need a mixture . of commercial
enterprise and living accomodations for people downtown. I think the point
Don is trying to make is that when you say "subsidized housing" - when
you get into this program where the possible top rental would be something
in the neighborhood of $320 - $340 per month, this is good rental and
of ourse it.depends on your income as to whether you are going to get
sub idized on that or not. It is possible I think the lowest rate is
abo t $88 per month ??
Mr. Wiggins: The subsidy operates on the basis of 25% of the income of
per on renting the apartment and if their income is high enough, they
wouldn't get any subsidy at all. There are also some other conditions in-
volved. This is all keyed to upper age levels, you must be 62 or older
or :ome under some other disability provisions that would allow you to
be a tenant and qualify for this subsidy. If you are not being sub-
sidized, I assume you can pay the rental and I assume these other factors
would not matter but I really wouldn't see many young families with
chip dren being interested in that kind of accomodations in that kind of
an irea. I think the market will develop and as far as I personally am
con erned and from the consultants I have listened to, it seems to me
ME
South Bend Redevelopment Commission
Commissioners' Regular Meeting and Public Hearing
June 2, 1978
7. PROGRESS REPORTS, Continued
that the idea of having people living downtown is a good idea and that
within some kind of frame of reasonable numbers there ought to be some
place for this. I would hope so, it would help support the other
things that are important -in this.
Ms. Derbeck: But if it is a rent subsidy, and it will be mostly people
who do not have a whole lot of money to spend..
Mr. Wiggins: Well, you can obviously fill the apartments under a sub-
sidized program a whole lot easier because.you are working with a
la ger segment of the population.
Ms. Derbeck: I want to ask one more question—yesterday Terry Miller
ga a a_speech to the architects' association, talking about architectural
selections for Century Mall and some other things and mentioned that
there is a lot of talk going around in the city offices about doing
so e kind of promenade thing from Century Center out West Washington,
wa3 out ... doing something there to link the river and downtown with
We t Washington. Have you heard..or are you involved in this?
Mr. Wiggins: I'm not.
Mr. Brownell: I don't know anything about it.
Mr. Wiggins: I certainly do feel that the improvement of the central
bu iness district will have an enhancing.effect on all the surrounding
arE.a. But there is no tie -in that I know of, it might be part of Terry's
hopes and dreams..
Chair: (to Ms. Derbeck) but you don't believe us, honestly Jeanne I
haven't heard a thing about it.
8. NEXT COMMISSION MEETING
Th next Commission Meeting will be Friday, June 16, 1978 at 10:00 A.M.
9. AD OURNMENT
Th re being no further business to bring before the Commission, Mr. Wiggins
mo ed for adjournment, seconded by Mr. Cira, and the regular meeting
wa adjourned at approximately 10:25 A.M.
%%21.r�
•fir. �.� -
Execlutive Director
31