HomeMy WebLinkAboutRM 07-21-78SOUTH BEND REDEVELOPMENT COMMISSION
County -City Building, Room 1200
227 West Jefferson Boulevard
South Bend, Indiana 46601
COMMISSIONER'S REGULAR MEETING
Friday, July 21, 1978, 10:00 A.M.
PRESIDING OFFICER: F. Jay Nimtz, President
1. ROLL CALL
C mmissioners: F. Jay Nimtz, President
Donald A. Wiggins, Vice President
A. Peter Donaldson, Secretary
Robert J. Cira, Asst. Secretary
Lloyd Robinson, Sr., Member
2.
Lq
al Counsel: Kevin J. Butler
Edward Chapleau
Media: John McKnight, Reporter, WSBT -TV
Steve Neher, Photographer, WSBT -TV
Pat Scanlon, Reporter, WNDU -TV
Jim Holloway, Photographer, WNDU -TV
ts:
Janet S. Allen
John Kagel
Ed Soltesz
unity Development
Staff: Kathy Baumgartner
'A Staff: C. Wayne Brownell
Marc Brammer
Gertrude E. Barth
Jane A. Zimmerman
'PROVAL OF MINUTES
0 motion by Mr. Robinson, seconded by Mr. Wiggins and carried, the Minutes
o the Regular Meeting of July 7, 1978, were approved as mailed.
3. APPROVAL OF CLAIMS
0 motion by Mr. Wiggins, seconded by Mr. Donaldson and carried, the claims
w re approved as submitted, and were allowed and ordered to be paid, totalling
$ 21,494.81. The authorized claims are:
COMMISSIONER'S REGULAR MEETING
Friday, July 21, 1978
3. APPROVAL OF CLAIMS (CONTINUED)
EVELOPMENT REVOLVING FUND
Payroll: 6 -17 -78 to 6 -30 -78
Business Systems, Inc.
Credit Bureau of South Bend - Mishawaka
Dorothy Z. Deane - Petty Cash
I.B.M. Corporation
I.B.M. Corporation
P stmaster
S uth Bend Tribune
S ith Petroleum Company
VELOPMENT DISTRICT CAPITAL
D rothy Z. Deane -Petty Cash
C rly's Sales & Service
VELOPMENT DISTRICT CAPITAL OF 1972
ican National Bank and Trust Co.
URBAN REDEVELOPMENT FUND
Clyde E. Williams & Associates, Inc.
P.E.A. IND. R -66
Edward A. Chapleau
Redevelopment Revolving Fund
St. Joseph County Treasurer
Clyde E. Williams & Associates, Inc.
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$ 2,969.32
8.09
7.00
54.43
22.72
232.80
29.14
65.65
64.06
TOTAL $ 3,453.21
$ 10.00
21.45
TOTAL $ 31.45
$200,000.00
TOTAL $200,000.00
$ 616.13
TOTAL $ 616.13
$ 495.00
8,781.92
1,045.68
1,171.17
TOTAL $ 11,493.77
COMMISSIONER'S REGULAR MEETING
Fri da , July 21, 1978
3. AOPROVAL OF CLAIMS (CONTINUED)
4.
5.
3112 LOANS
C rcle Lumber Company
Dorothy Z. Deane — Petty Cash
A stract Company of St. Joseph County, Inc.
Silvis Roofing Company
R ver Bend Remodeling, Inc.
R ver Bend Remodeling, Inc.
S uth Bend Electric, Inc.
TOTAL
GRAND TOTAL
)MMUNICATIONS
$ 121.75
11.00
97.50
1,254.00
1,745.00
2,198.00
473.00
$ 5,900.25
$221,494.81
a Letter, signed by Howard L Campbell, Area Manager, HUD Area Office,
dated July 13, 1978 ;'RE: Protects Ind.-946 and B- 77 -UR -t8 -0004
Mini -Mall Project Urban Renewal Plan Change.
Mr. Brownell mentioned that Mr. Campbell is the new Area Manager
of the HUD Area Office. This letter pertains to the Plan Change
on the Projects in R -66 Parcels 4 -1, 4 -31, and 4 -32. The reuse
was changed to "Retail /Service Commercial /Parking ", and the Plan
Change was approved by HUD. The Plan Change had been approved by
the Area Plan Commission, the Common Council, and MACOG, prior to
being submitted to HUD. Mr. Brownell read the letter from Mr. Campbell
in its entirety.
The Chair directed that this letter be received and placed on file.
OLD BUSINESS
a. Relocation Claim - Indiana Bell Telephone Company: Letter and check
for-$249,997.00 to Mr. Bruce Cracraft, Vice President and General
Counsel, Indiana Bell Telephone Company ; .Inc. T2TNotifitation to
Dr. Howard L Campbell; HUD Area Office, dated 7- 17 -781 of full pay-
ment to Indiana Bell, to settle their relocation claim.
Mr. Brownell read the letter to Mr. Cracraft in its entirety.
The next letter (under 5a. Old Business (2)) pertained to letter to
Mr. Cracraft and it was addressed to Dr. Howard L. Campbell; it was
read in its entirety by Mr. Brownell.
Mr. Nimtz: That completes this project, so we will order these two
letters be received and placed on file.
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COMMIISIONER'S REGULAR MEETING
Frida , July 21, 1978
5. OID BUSINESS (CONTINUED)
I
Letter, from Colip Electric Co
Re: Repair Fixtures in Plaza
ration, dated July 20, 1978
k. C.E.C. Est. No. SB -282.
Mr. Brownell: I have a proposal from Colip Electric Corporation
for $1,873.00 to furnish and install the following:
4 -- 175 watt M/V ballasts
1 -- 175 watt M/V ballasts
5 -- Lamp sockets
26 -- Heat shields
3-- 100 watt M/V lamps
26 -- 175 watt M/V lamps
26- fitters for pole tops
1-- Ballast or ground lite
1 -- Lens, socket and gasket for ground lice
and install 26 spheres furnished by others.
Mr. Brownell continued: The globes or spheres are Poly Carbonate
Holophane Spheres and have been ordered directly from the Crescent
Electric Supply Company, 439 E. Colfax Avenue, on P.O. #41367, for
$3,822.00.
Mr. Nimtz: What action is necessary for us to take this morning
on this?
Mr. Brownell: I thought actually you should approve and direct me
to proceed with this.
Mr. Nimtz: As I understand, this is our responsibility, but once we
fix this thing up, it becomes the responsibility of the Park Depart-
ment, is that right?
Mr. Brownell: That is right.
Mr. Nimtz: Mr. Robinson, what does Paragraph 2 mean?
Mr. Robinson: I don't know why it was even included.
Mr. Wiggins: Mr. E.J. Sowala, Superintendent of Colip Electric
Corporation wants to be sure we authorize them to do the job before
the contract expires, because he expects to pay more money on the
next round.
Mr. Brownell: I believe it is a firm price bid of $1,873.00.
Mr. Wiggins: Is this all repair, or is this installation of some
that weren't done in the first place?
ss
COMMISSIONER'S REGULAR MEETING
Frida , July 21, 1978
5. ODD BUSINESS (CONTINUED)
b Mr. Brownell: No, this is all replacement of damaged fixtures.
Either the bulbs were broken,or stolen and all of the repair of
damage that was done to the light poles and to the wiring, etc.
Mr. Donaldson: They won't be putting any new ones in then?
Mr. Brownell: Just replacing the ones that have been broken.
Mr. Wiggins: I feel that the vandalism bill is too high.
Mr. Cira: Mr. Brownell, why didn't we obtain two bids on this?
Mr. Brownell: Actually, these people replaced them before; and
now they checked it out and told us what needed to be replaced.
The price quoted is down to $1,800.00, plus ... we bought the spheres
directly ourselves.
Mr. Wiggins moved that the proposal be approved, and the Executive
Director be authorized and directed to enter into a purchase order
for the completion of the project in the amount of $1,873.00 with
Colip Electric Corporation, seconded by Mr. Robinson, and it was
carried.
6. NEW BUSINESS
a Commission approval requested for Resolution No. 564 authorizing
the execution of redevelopment agreement for the disposition of
land, and the execution of Quit =Claim deed, in the'LAS611e Park
Project, Indiana R =57; as follows:
Belleville Church of Christ $2,315.00
Disposition Parcels:
17 -16
19 -7
19 -12
17 -17
19 -8
19 -13
17 -18
19 -9
19 -14
17 -19
19 -10
19 -15
17 -21
19 -11
19 -16
Mr. Brownell read the numbers of the parcels involved and indicated
that a copy of the Resolution was in each packet.
Mr. Nimtz: Mr. Wiggins, you are the expert on LaSalle Park.
Mr. Wiggins: What do they propose to do with this?
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COMMI ;SIONER'S REGULAR MEETING
Frida , July 21, 1978
6. NtW BUSINESS (CON.TINUED)
a Mr. Brownell: I don't know, Mr. Brammer is here, he can explain
this to you.
Mr. Brammer: I think all they want to do is control the use of
the land adjacent to their church. Many of these people would
like to use it for gardens and that sort of thing. They did talk
about expansion.
Mr. Wiggins: Is this land unbuidable for the most part?
Mr. Brammer: Yes, that is correct.
Mr. Wiggins: I am concerned because we are talking of a figure
here of fifteen parcels for less than two hundred dollars apiece.
Mr. Brammer: It is mostly muck land. A lot of this land has not
sold in three years or more; it is amazing to get someone interested
in there.
Mr. Wiggins: Most of that muck land is largely for gardening. I
recall selling one lot where a contractor, who was going to put in
footings for a basement said he would have to put piers down nine
feet deep to find anything solid in about half of it, and on that
one, for the excavation and all, it ran something in the neighbor
hood of $7,000.00, which pretty well put it out of the picture
altogether.
Mr. Wiggins moved.for approval of the adoption of Resolution No. 564,
authorizing the execution of redevelopment agreement for the disposition
of land, and the execution of Quit -Claim deed, in the LaSalle Park,
Project, Indiana R -57, to Belleville Church of Christ, in the amount
of $2,315.00, for disposition parcels: 17 -16, 17 -17, 17 -18, 17 -19,
17 -21, 19 -7, 19 -8, 19 -9, 19 -10, 19 -11., 19 -12, 19 -13, 19 -14, 19 -15, and
19 -16, seconded by Mr. Donaldson, and it was carried.
b Commission approval requested for 312 Loan Application for the following;
Elworth & Rosa Perkins
725 E. Wenger Street $9,650.00 18/SOU- 2/36/1 -77 -78
Anna Marie Nemeth
1719 S. Catalpa $7,550.00 18/SOU- 2/37/1 -77 -78
Mr. Wiggins: Are all the documents in order, Mr. Brownell?
Mr. Brownell: Yes, they are.
COMMIS$IONER'S REGULAR MEETING
Friday` July 21, 1978
6. NEW BUSINESS (CONTINUED)
M
Mr. Wiggins moved for approval of a 312 Loan Application for
Elworth & Rosa Perkins, 725 E. Wenger, in the amount of $9,650.00,
and for approval of a 312 Loan Application for Anna Marie Nemeth,
1719 S. Catalpa, in the amount of $7,550.00, seconded by Mr. Robinson,
and it was carried.
7. PR9GRESS REPORTS
Mr Brownell: I have mentioned to you that HUD is going to pay off the
notes in New York, and the money the City owed us has been repaid. We
have also paid off all the claims for relocation. Everything is in order
as far as I know for the close -out, and I have prepared _a close -out
agreement. Attached to the close -out agreement is an exhibit listing
the real estate that is unsold in Ind. R-66, a map showing where the
real estate is, and also an inventory of all personal property, including
desks, chairs, etc. I have shown this agreement, and exhibit to Mr. Butler,
and he agrees that it is in order. I have also shown a copy of the
ag eement and exhibit to Mr. Carl Ellison to see if he had any suggestions.
As you know, the notes are to be paid off on the 18th of August; I presume
we will be talking to HUD before that date.
I lave also talked to HUD about two other things ... one is the revision of
ouy budget, and they said they had been so busy that they hadn't had a
chance to read our revisions that we proposed; and that they would start
wo king on it this coming Monday, July 24, 1978, when Ms. Jeanne Meggs
returns back from her vacation, and at that time would let us know.
Th. other item is a matter of waiving the audit, and we have asked HUD
to either have an audit by the CPA firm that did our last audit, or they
co ld waive it. We have not received a reply from them on this matter yet,
be ause the Area Office has not received a reply from their Regional Office.
I asked them, "What do you want me to do up here ? ", and they replied;
"J st sit quiet and don't do anything until you hear from us." So at
th s point, I am just waiting for news from HUD.
FLOOR LDISCUSSIONS
Mr. Nimtz: We have quite an assemblage here this morning as I see
Mr. Kagel, Mr. Soltesz, and our good friend Mrs. Allen; is there some
pa ticular significance?
Mr. Kagel: We are just in out of the weather. I was very interested in
a omment that Mr. Brownell made here a few minutes ago about the "close- out "..
Do s that "close -out" the Redevelopment Commission?
Mr.1 Brownell: Oh no, it only closes out Project R -66.
Mr. Kagel: So there is no misunderstanding that you are now going to
to n the desks over -- upside down, close the doors, etc.?
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COMMIPSIONER'S REGULAR MEETING
Frida , July 21, 1978
FLOOR DISCUSSIONS (CONTINUED)
Mr. Brownell: No.
M . Butler: Did I detect a hopeful note?
. Kagel_: No, it is not a hopeful note.
M-. Brownell: The project referred to as the "Mini -Mall" comes before
tie Common Council this Monday (July 24, 1978) evening, so that this
a propriation of $2,126,000, which HUD has issued a letter of credit for,
w ll be a part of the funding for the mall project.
. Nimtz: I believe that you have announced to that Mrs. Barth is
ing on to greater rewards?
Brownell: Yes.
Mr. Butler: It is terminal then?
Mrs. Barth: Yes.
Mr. Brownell: She didn't die or anything like that, she just got a new
job.
. Nimtz: I am talking "monetarily ". Aside from all the kidding
s. Barth, we are glad to have you back the second time, and we are
ing to miss you.
. Barth: Thank you.
My. Nimtz: Then, Mr. Brammer is leaving us for the St. Joseph Bank.
My. Lloyd Taylor has raided us for Mr. Brammer. Anyway, Mr. Brammer, it
has been good to have you here and we are going to miss you too.
Also, Mrs. Zimmerman is going to take Mrs Barth's place. Mr. Brownell, have
you approved any applications to take Mr. Brammer's place or not?
. Brownell: The Personnel Department included in their description of
job that the applicant must possess a real estate salesman's license.
Mr. Nimtz: Mr. Brownell has talked to me about this. The Personnel Depart-
me it published a notice concerning Mr. Brammer's replacement, and they did
in eed require that the applicant possess a real estate license; frankly, I
do 't think that the license is necessary, and I told Mr. Brownell that I
would like to discuss this with the Commission. Kevin, I don't know what
is necessary here, but I think we ought to direct the Personnel Department
that they readvertise...and delete that requirement; as I don't think it is
necessary to possess a real estate salesman's license.
COMMISSIONER'S REGULAR MEETING
Fred y, July 21, 1978
FLOO1 DISCUSSIONS (CONTINUED)
. Brownell: I can handle that, if it is your desire.
. Nimtz: Do I have any objections from anyone here?
Ir. Wiggins: With what is involved here, I would like to get the
nformation from the guy who has had the job, and is knowledgeable about
t.
r. Brammer: I think that the workload that I carried on here for
edevelopment did not necessitate my broker's license, because frankly,
worked with Mr. Butler on most of the land sales, and with Mr. Brownell
n any kind of functions dealing with real estate.
r. Brownell: I think I can help you, Mr. Brammer. I had Mr. Brammer
rowse through all the applications that came in under this advertisement,
nd his reaction was that he throught it should be readvertised, without the
acessity of being a broker or a salesman having a salesman's license,
hat was your reaction, Mr. Brammer?
Brammer: The only people really interested in the job then, are some
ingry brokers out there who might not be cutting it in the real estate
eld.
1. Nimtz: Mr. Brownell didn't tell me that you had reviewed the applications,
t just on my own reaction, I said it wasn't necessary to have a real
tate license. Okay, you will handle that then, Mr. Brownell?
Brownell: I will.
. Nimtz: I see Mr. Chapleau is here, and we have asked him to come this
rning. Ms. Jeanne Derbeck is gone, and she was raising the most questions
the last meeting on the status of the litigation.
Chapleau: I answered all of Ms. Derbeck's questions last night.
M . Nimtz: Well, Mr. Chapleau what can you tell us? We are waiting to
h ar if the Supreme Court is going to take jurisdiction or not.
I
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I
S
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r. Chapleau: That is right. This has created a problem for me, because
was working on the brief, to be submitted by the City, and to complete
ie briefing, I need to have a copy of the record of transcript, and the
)urt will not release the transcript until they rule on this question; so
can't complete the brief until after the court rules. I expect the court
ill do this in a very short time, but I can't give you any idea when.
talked to the man responsible for referring this to the Judges, and he
iid that he will do it as fast as he can, as he recognizes the problem
evolved.
COMMISPIONER'S REGULAR MEETING
Friday, July 21, 1978
FLOOR DISCUSSIONS (CONTINUED)
Mr. Chapleau continued: They are aware that time is of the essence,
so as soon as the Court rules on it, if they assume jurisdiction, then
I an complete the brief that is. to be filed, -and they might have a hearing
on it. They don't have to have a hearing on it. If they decline
jurisdiction, then it will be heard by the Court of Appeals, and that
is as much as I can tell you.
Mr Wiggins: What is the posture of the Supreme Court at this point?
Are the members on vacation, are they back from vacation, or what. I
am trying to get some ideas of the appeal we might reasonably expect?
Mr. Chapleau: Well, as far as I know, they are in session. So, I don't
feel that is a problem. The Administrator, of course, is the guy who
carries the ball.
Mr Wiggins: You have talked to whoever establishes this priority and
that is as far as we can go with it?
Mr. Chapleau: Yes.
Mr. Nimtz: Anyone else have any questions they might want to ask of
Mr Chapleau?
Mr Scanlon (Reporter, WNDU -TV): If there is a delay longer than you
an icipate in getting this settled, do you think you might go ahead with
th acquisition with the case pending?
Mr. Brownell: Who are you directing your question to?
Mr Scanlon: Anybody,
Mr. Butler:. I believe at the last meeting we basically answered that, and
there is no change. At some point we are going to have to face that
question squarely, and the time has not yet come.
Mr. Nimtz: Anything further? Thank you Mr. Chapleau.
Mr Nimtz: Mrs. Allen, we welcome you. You haven't been here for some
mo ths, and we have missed your cheerie countenance.
Mrs. Allen: After reading your minutes, I really felt that I had been
Over it many times. I do have a question though. It is regarding this
"C ntury Mali" that you keep referring to, and I have never seen anybody
work quite so hard as you people have to try to put so many businesses out
of business. I would like to know why we can't go ahead and try to sell the
lard that is cleared now, and ask for bids on what you already have, because
YOL don't have any plans of any kind for the "Century Mall" as far as I know.
YOL have two men to acquire property, but you already have half of what
YOL want already cleared.
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COMMIISIONER'S REGULAR MEETING
Frida , July 21, 1978
FLOOR DISCUSSIONS (CONTINUED)
Mr. Nimtz: Mrs. Allen, some of those parcels have been offered for sale
for about four years now, and there were no takers.
Mrs. Allen: Don't forget now that you had it for $9.50 a square foot
instead of $3.00.
Mr. Wiggins: We haven't had any offers at any price.
M6. Allen: If you put up a sign now for $3.00, you probably could sell
Mr. Brownell: I suspect that I can answer part of your question. This
morning I have our consultant, and two appraisers consulting here in the
office over the appraisals of these parcels. You will get some new
appraisals, because the others are out of date. I don't know what the
aniount will be until it gets completed.
Mrs. Allen: I think you fairly know the amount.
Mr. Brownell: Well, I am never going to tell the appraisers the amount
to appraise it for.
My. Nimtz: Mrs. Allen, I don't know whether you have been here when I
used the expression that the used car salesmen use or not, but we have
had a lot of what we call "tire kickers ". They come in and they look
around, and we have had them look at various parcels, and express interest,
b t we have had no real propositions made to us.
Mrs. Allen: Have you offered it on a lot situation, or on the whole business?
Mr. Nimtz: Well., we have people looking at the old Wyman's property.
Mrs. Allen: How did you lose Hudson?
Mr. Nimtz: We didn't lose Hudson.
Mr. Wiggins: You can't lose something you never had Mrs. Allen.
My. Nimtz: That is right.
Mrs. Allen: I heard rumors that they wanted to buy the property.
My. Wiggins: I.heard rumors too.
Mri. Nimtz: I heard rumors that Marshall Fields wanted it.
Mo. Brownell: Hudson never approached us on it.
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COMMISSIONER'S REGULAR MEETING
Friday, July 21, 1978
FLOOR DISCUSSIONS (CONTINUED)
Mrs. Allen: I had another question. How does the National Bank get an
awning out of the sidewalk when Mark's restaurant couldn't?
Mr. Nimtz: You will have to talk to the City Building Department. I
don't know, that is not in our jurisdiction.
Mrs. Allen: Well, all of the properties within the Urban Redevelopment
jurisdiction are governed by those rules, and that bank building property
is Bally within the boundaries.
Mr.lBrownell: Actually, we were not approached on the matter at all.
Mrsl. Allen: Then Marks could put an awning on if he wanted to?
Mr. Brownell: No, I am answering your other question. You asked why
the National Bank put one up, and I am saying we were not approached on
it; I don't know whether they got permission from the building department
or not.
Mrs. Allen: Well, they didn't have to get it through a Commission of some
kind to determine the size and what went out over the sidewalks, etc.
Mr. Brownell: That matter didn't come up before the sign committee,
because I am on that committee.
Mrs. Allen: The question would be then, could Marks put an awning up?
Mr. Brownell: Are you referring to the Chinese restaurant?
Mrs. Allen: Yes.
Mr.
Mrs
Mr.
Brownell: He hasn't approached us on it.
Allen: I know that, but he was told in the beginning to check on it.
Brownell: I didn't even know that, it was before my time.
Mr. Nimtz: Mr. Ellison, we welcome you this morning. Anything you would
lik to unburden on us this morning?
Mr. Carl Ellison: I certainly would. I came down because I just received
a call from Mr. Dew of HUD, regarding the business of the prevailing wage
rat s; whether or not we can require them in this matter as a local policy.
Mr. Dew now advises me that next week you will receive correspondence from
their legal staff indicating that the City of South Bend may indeed require
the prevailing wage rates if they so desire. So, Mr. Butler's opinion
is pparently correct. Given the Commission interest in the matter, I
tho ght it might be advisable to tell you this.
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COMMI ;SIGNER'S REGULAR MEETING
Frida , July 21, 1978
FLOORIDISCUSSIONS (CONTINUED)
. Nimtz & Mr. Brownell in unison: Thank you Sir, very much.
Commissioners: Thank you Mr. Ellison.
M . Robinson then moved that we establish prevailing wage rates in this
a ea for rehabilitation of single family dwellings, seconded by
M . Wiggins, and it was carried.
. Nimtz: Anything further? Questions or discussions?
Mts. Allen: That means that the small contractor wouldn't be able to do
t e job?
. Wiggins: No, it just means that they will have to pay their help.
8. NEXT COMMISSION MEETING
T$e next commission meeting will be held on August 4, 1978, at 10:00 A.M.
Mr. Nimtz: The Commission has just had an informal poll which I might
aiinounce. There is a meeting scheduled for September 1st, which is the
Labor Day weekend, but we felt we should have the meeting at the regular
time, and that it should not be rescheduled.
9. ADJOURNMENT
T ere being no further business to bring before the Commission, Mr. Wiggins
m ved for adjournment, seconded by Mr. Robinson, and the meeting was
a journed at approximately 10:27 A.M.
President a , Executive Director
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