HomeMy WebLinkAboutRM 11-21-80November 21, 1980
10: 00 A.14.
Presidin Officer:
1. ROLLI CALL
2.
3.
News
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
Mr. F. Jay Nimtz,
President
1200 County -City Building
224 W. Jefferson Boulevard
South Bend, Indiana 46601
Present: Mr. F. Jay Nimtz, President
Mr. Lloyd E. Robinson, Sr., Vice President
Mr. Robert J. Cira, Assistant Secretary
Ms. Paula N. Auburn, Member
Absent: Mr. A. Peter Donaldson, Secretary
Counsel: Mr. Kevin J. Butler
lopment Staff: Mrs. Ann Kolata, Deputy Director
Mr. Kevin Horton, Assistant Director
Mr. Paul Falduto, Employment Targeting Asst.
Mrs. Angela Coar, Executive Secretary
Mrs. Hedy Robinson, Secretary
mity Development
Staff: Mrs. Kathryn Baumgartner, Director, Bureau
of Housing
Mr. David Daren, Assistant Director, Bureau
of Housing
Media: Jeanne Derbeck, South Bend Tribune
OF MINUTES
Mrs. Eugenia Schwartz, Assistant City Attorney
Mr. Thomas LaFree, Notre Dame Student
Mr. Mike Buttaci, Notre Dame Student
On m tion by Mr. Robinson, seconded by
Mr. ira, and unanimously carried, the
Minutes of the Regular Meeting of November 7,
1980 were approved
AL OF CLAIMS
Because Mr. Nimtz is a member of the Board of
Dire tors of Southold Heritage Foundation he
turned the meeting over to Mr. Robinson for
consideration of approval of the claims.
MINUTES OF REGULAR
MEETING OF NOVEMBER 7,
1980 WERE APPROVED
MR. NIMI'Z ABSTAINED FROM
VOTING ON THE CLAIMS
South B d Redevelopment Commission
Regular eeting - November 21, 1980
3. APPROVAL OF CLAIMS (continued)
On motion
by Ms. Auburn, seconded by Mr. Cira,
CLAIMS APPROVED
and
carried,.the claims totalling_$70,305.14
were
allowed and ordered to be paid. The
authorized
claims are:
REDEVELOPMENT
REVOLVING FUND
Payr
11: 10 -18 -80 to 10 -31 -80
$
73,197.78
Busi
ess Systems, Inc.
14.02
Busi
ess Systems, Inca
54.15
Federal
Express Corporation
20.00
Indi
na Bell Telephone Company
338.53
Smiti
Petroleum, Inc.
34.75
Coff
e Time Services
26.65
Co
ll University
6.00
TOTAL
$
7,691.88
REDEVELOPMENT
DISTRICT CAPITAL OF
1972
Gruen
Associates, Inc.
$
4,734.46
Gruen
Associates, Inc.
55,583.78
TOTAL
$10,318.24
P.E.A.
- EAST BANK AREA
Kevin
J. Butler, Attorney
$
15-189.05
TOTAL
$
1,189.05
P.E.A. - IND. R -66
Kevii J. Butler, Attorney $ 1,185.80
Redevelopment Revolving Fund 19,843.79
The 3outh Bend Tribune 28.79
Ray 3reden 128.00
Ray Breden 128.00
Jord 's Mishawaka Transfer, Inc. 2,711.83
TOTAL $24,026.21
P.E.. 312 LOANS
Jeff ey Clark.
Franc Banicki
Sout old Heritage Foundation 8, Tri State
ome Improvement
Chri topherjCostello
-2-
$ 79.82
28.58
425.00
1,154.06
South Be d Redevelopment Commission
Regular eeting - November 21, 1980
3. APPROVAL OF CLAIMS (continued)
P.E.A. - 312 LOANS continued....
Big 'C" Lumber & Jeanne Welsh $ 208.30
Jose 3h Kuzmits & R. A. Stickler Contracting 10,827.00
B.W. Electric & Jeanne Frisz 1,185.00
Sammie C. Brooks & Charles Brown
M intenance Co., Inc. 139172.00
TOTAL $27,079.76
GRAND TOTAL $70;305.14
4. COMMONICATIONS
Mrs. Kolata: We have received the
foll wing letter from Mr. Ernest J.
Sza ark.
Novembers 10, 1990
Bend Redevelopment Comm.izzion
-City Buit-ding
Bend, Indiana 46601
G
On behat4 o4 my cti,ent, 1Aespect-
Aeque�st withdnawat o f ou,% petition
4oA tax abatement 4oA the pnopenty known
a3 the East Bank CenteA. Thank you 4oA
youk coopenati,on in thin matteA.
S,incenety yowiz,
ThonnbuAg, MCG.iU, Deahl
Hallman, Co Aey 9 MuNAay
S/
EAnezt J. SzahwatAk
Mr. imtz: Unless there is some objection,
the Chair directs that this letter be received
and placed on file and that the -petition be
considered as withdrawn.
Ms. Auburn moved that the letter be placed on
file and that the petition be considered
withdrawn, seconded by Mr. Cira and unanimously
carried.
-3-
LETTER FROM M;R., ERNEST
J. SZARWARK WITHDRAW-
ING TAX ABATEMENT
PETITION FOR EAST
BANK CENTER
South B nd Redevelopment Commission
Regular Meeting - November 21, 1980
5. OLD BUSINESS
The e was no old business to present to
the Commission.
6. NEW BUSINESS
a. Comission approval requested for awarding
of contracts in connection with the HUD
Audit Clean -Up Activity Program in accor-
ance with recommen ation of the Bureau
Contractor Amount
Josephine
Pruitt
Charlie Jurtin Construc --
$11%715.00
1402 Lin
olnway
tion
Sandra D
sits Morgan
Shamrock Exteriors
1,650.00
802 Calvert
Street
Cecil Pa
cbman
Shamrock Exteriors
987.00
1226 Chalfant
Anna Tho
as
Wilton Construction
1,282.00
1110 Geo
giana
Donald D
lan
Shamrock Exteriors
29441.00
1416 Campeau
Clara Ga
inski
Charlie Jurtin Construc-
1,049.00
714 Brookfield
tion
Jesus Be
sera
Shamrock Exteriors
3,856.00
842 Kosc
uszko
Harriet
ucza
Charles Brown Maintenance
11,180.00
838 Webster
St.
Jeanette
Anderson
Ray Bockaj
1,931.00
1029 Cleveland
Lillian Napieralski
Charles Brown Maintenance
1,900.00
613 Warren
St.
Inez Bracey
Shamrock Exteriors
6,217.00
408 Keas
y
Maria Cainona.
Charlie Jurtin Construc-
25,382.00
tion
-4-
South Bend Redevelopment Commission
Regular Meeting - November 21, 1980
6. NEW BUSINESS (continued)
a. continued....
rs. Baumgartner: We are recommending
that all contracts be awarded to the low
bidder with one exception. We eliminated
Charlie Jurtin because he made an addition
error in his bid for Lillian Napieralski,
so we are recommending awarding the contract
to Charles Brown Maintenance.
r. Robinson: Is today going to finish all
he HUD Audit Activity?
qrs. Baumgartner: No.
14r. Nimtz: How many more do you have left?
rs. Baumgartner: The only items that remain
are things that contractors were not responsi-
ble for, items they can document were taken off
he specifications.
r. Cira: Kathy, on Inez Bracey on Keasey
Street what was the original cost?
rs. Baumgartner: I really couldn't tell
you.
r. Cira: Isn't there a limit on these
houses?
rs. Baumgartner: There was a $9,000.00
unit.
r. Cira: So it couldn't have been over
2,300.00?
qrs. Baumgartner: Right. What we used to do
is go out to a house and if it needed more than
9,000 worth of work they would do the $9,000
orth of work and leave the remaining code items
anting. That was one of the things specified
y HUD that we can no longer do, we have to
ring the house totally up to code. If we can't
ring the house up to code within the limit,
e don't do anything on the house.
Auburn: I see some new contractors, names
n the list, I assume you know who they are?
-5-
South B nd Redevelopment Commission
Regular Meeting - November 21, 1980
6. NEW BUSINESS (continued)
a. continued....
Mrs. Baumgartner: Yes they all have financial
statements on file. Most of them have been
awarded larger contracts in our grant pro-
Z' - _...
Mr. Robinson: How about Wilton?
Mrs. Baumgartner: He has been awarded a couple
of grant and contracts.
Mr. Nimtz: Are you having difficulty getting
the work done?
rs. Baumgartner: Not at all. There was a
light hold up because of our new legal
review procedures. We will only release one
contract at a time so they can only be working
on one house at a time. They must finish their
work on that house before the next one is re-
eased.
s. Auburn moved that the contracts be
warded to the above mentioned contractors,
seconded by Mr. Cira, and unanimously carried.
b. Comission approval requested for awarding
Of contracts in connection with the HUD
Audit Clean -Up Activity Program, for
d itional work required, in accordance
with recommen ation of the Bureau o Housing.
Name Contractor Amount
Pauline Stephens Art Cherry $1,016.00
730 Harr son
Shirley ' 'ove Ray Bockaj Construction 270.00
728 N. C eveland Ave
James Williams Shamrock Exteriors 595.00
1043 Portage Ave
Nettie rphy Jurtin Construction 400.00
1417 E. iner
. Kolata: These four contracts required
itional work following a Bureau of Housing
pection.
-6-
MIMISSION AWARDS
12 CONTRACTS UNDER
HUD AUDIT CLEAN -iJP
ACTIVITY
South Be #d Redevelopment Commission
Regular eeting - November 21, 1980
6. NEW BUSINESS (continued)
b. continued....
. Baumgartner: We went back to the
tractor who did the initial clean -up
got our figure for the additional
k from that person as opposed to
ther contractor.
. Nimtz: These are all the low bidders?
Baumgartner: In this case, these are
homes where we just went back to the
ractors who did the clean -up.
. Nimtz: He convinced you that the steps
be done was not required of him in his
ieinal bid?
rs. Baumgartner: Those are the contractors
ho did the grant work, but those are not the
ontractors we are paying now. We just went
ack to the contractors who did the clean up
ork in the last couple of weeks, and askedf
hem for a price.
r. Nimtz: HUD has no objection to this?
rs. Baumgartner: No.
rs. Auburn: With the exception of that first
ontractor your bids are almost exactly like
Dur cost estimates.
rs. Baumgartner: That one (Art Cherry) was
ifficult to tell because it was a roof
roblem.
. Robinson: Don't you have to explain
HUD even though this is a clean-up,
at the contractor really did for this kind
money? I don't see it in here.
rs. Baumgartner: Certainly. We did not
ttached the bid specifications but we can
n the future.
. Robinson: No, I was just curious. We
e approving a contract, and we don't know
at the heck we are approving it for. I
ought that was kind of unusal so that's why
inquired.
-7-
South BOd Redevelopment Commission
Regular Oeeting - November 21, 1980
6. NEW �USINESS (continued)
b. continued....
. Auburn moved that the contracts be
arded to the above mentioned contractors
connection with the HUD Audit Clean -Up
tivity Program, seconded by Mr. Cira,
i unanimously carried
c. Commission
Name
ted for the
for re-
rt) situated
- as
Contractor Amount
John Rud icki Builders- Whitt, Inc. $1,040.00
721 Cott Qe Grove
s. Kolata: Mrs. Baumgartner, would you
ease explain the details of this contract.
s. Baumgartner: The home at 721 Cottage
ove is a homestead property, they had a
striction of moving into it in 60 days.
r that reason the home needed a furnace
d we gave a notice to proceed., Barany
s the lowest bidder but he refused to sign
contract with the Bureau of Housing.
. Butler: Why did he refuse, Kathy?
s. Baumgartner: He said that the payment
ocedure would take too long and also that
has had problems with the Bureau in the
st and he does not wish to do business
th the Bureau. I would say approximately
ur years ago there was an enormous con -
oversy between Keith Creighton and Mr.
rany.
. Butler: Why did he bid?
rs. Baumgartner: Because he was not aware
hat it would eventually come to a government
rogram. In this particular case it was a
12 Loan so the homeowner just went out and
of estimates. He was not aware that the
wner wasn't going to pay for it out of his
South Be d Redevelopment Commission
Regular eeting - November 21, 1980
6. NEW USINESS (continued)
c. continued....
r. Butler: So this was not a bid where
someone could notice, the homeowner went
ut to get some quotes.
Mrs. Baumgartner: Right.
Mr. Butler: No bid bond?
Mrs. Baumgartner: No.
Mr. Robinson moved that the special contract
e awarded to the above mentioned contractor
For rehabilitation of real property, seconded
y Mr. Cira, and unanimously carried.
d. ]omission approval requested for the following
rant Program bid contracts in dc- tordante with
ecommen ation o t e Bureau o Housing, su ject
o legal counsel review, and South Bend Cormnon
ouncil approval as applicable:
Name Contractor Amount
Claudia Deleon Diedrich Construction Co. $5,698.00
434 S. K ley
Gladys & Hosea Ray Bockaj Construction 45-060.00
Jo on
1107 North Duey
Helen Gloster R.A. Stickler, Contracting 49845.00
834 East Miner
Mrs. Baumgartner: All three of these were
id with the formal bid procedure for the
ant program, all three are being awarded to
he lowest bidder who also happens to be neither
0% over or under the cost estimate.
Mr. Robinson: These are for renovation of a
structure?
Mrs. Baumgartner: Yes, under the grant program,
they will totally bring the house up to code.
r. Robinson: Have these places had money spent
on them previously?
Mrs. Baumgartner: NO), these are brand new appli-
cants.
.
-9-
COMMISSION AWARDS
SPECIAL CONTRACT TO
BUILDERS- JAJHITT, INC.
FOR REPAIRS AT 721
COTTAGE GROVE
South Be d Redevelopment Commission
Regular eeting - November 21, 1980
6. NEW BUSINESS (continued)
d. continued....
Auburn moved that the grant program
contracts mentioned above in accor-
ice with recommendation of the Bureau
Housing be approved subject to legal
nsel review, and South Bend Common
ncil approval where applicable, se-
Aed by Mr. Cira and unanimously carried.
7. PUBLIIC HEARING
a. Mrs. Kolata: I would like to present a
umber of documents for the record. An
riginal copy of the notice of public
Baring for the Central Downtown Urban
Renewal Project, IND R -66, an affidavit
From Doris L. Woodward credit manager of
he South Bend Tribune, that the notice of
ublic hearing was published in that news-
aper on October 24 and 31, 1980. An affida-
vit from Albert W. Snyder owner of the Tri-
ounty News that notice of public hearing was
published in that weekly newspaper on October
4 and 31, 1980. An affidavit of Hedy L.
Robinson that a notice of public hearing was
delivered ,to Ms. Billie Sue Janovic of the
Area Plan Commission, to Ms. Barbara Byers of the
oard of Public Works, to Ms. Betty Burch
f the Board of Zoning Appeals and South Bend
ilding Department, and to Mr. James Seitz
f the Park Department, on October 22, 1980.
copy of the notice was posted on the bulletin
oard on the 13th floor of the County -City
uilding on October 22, 1980. I have an origi-
al copy of the Area Plan Commissions Resolution
umber 53 which deals with the subject,of the
ublic hearing, a certified copy of Resolution
umber 827 -80 of the Common Council of the
ity of South Bend relative to the subject
f the public hearing, and a copy of Reso-
ution No. 621 of the Redevelopment Commission,
ith a certificate of its recording officer
ttached, with attachment "A'.
Nimtz: The Chair directs that these
uments be received and placed on file.
s anyone desire to inspect the documents
raise any questions thereto? If not, the
it declares the public hearing open.
-10-
South Be d Redevelopment Commission
Regular eeting - November 21, 1980
7. PUBL�C HEARING (continued)
a. Mrs. Kolata: I would like to point out
that the particular changes on this
reso-
ution as you remember were to make some
rovisions in the land use plan for the
downtown particularly in the area between
ashington Street and Colfax and also to
onsolidate all of the past changes into
ne document, so that the land use plan
or the downtown area was current and up
to date.
. Butler: Is there anyone in the audience
D wishes to comment? Were any written
nonstrances received?
. Kolata: No written remonstrances were
Dived.
he primary changes allow the area in front
f the Morris Civic to remain as open space
nd park land and permit Michigan Street to
e reopened between Washington and Colfax.
hese are both consistent with development
s we see it now, particularly with the First
ank Center being built in that area. We have
lso made a few minor wording changes having to
o with creation of 40 foot alleys, rather then
aying that 40 foot alleys would be constructed
e have put in that they may be constructed.
t is our belief that most of those alleys have
lready been accomplished, on the other hand we
id not want a 40 foot alley going through the
fiddle of the First Bank Center, that is why it
as changed.
. Derbeck: As I recall some years ago it was
cided that the River Bend Plaza type of thing
s going to be extended all the way through
chigan Street, between Washington and Colfax.
Kolata: Right. What we are saying is that
higan Street could be reopened and we are
aging the language so that it does not indicate,
marily to the attorneys, that an alley could
through that block because they are interested
not having an alley go through that block.
r. Nimtz: The Chair now finds that there are no
remonstrators or objectors have appeared at the
ublic hearing concerning the confirmation of the
eclaratory Resolution No. 621 and that no written
remonstrances were submitted thereto.
-11-
South Be d Redevelopment Commission
Regular eeting - November 21, 1980
8. RECONFIRMING RESOLUTION
a. Commission approval requested for Reso-
lution No 629; confirming Resolution
o. 621.
. Robinson moved that resolution no. 629
adopted, reconfirming Declaratory Reso-
tion No.-621, seconded by Ms. Auburn and
animously carried.
9. PROGRESS REPORTS
a. Mrs. Kolata: I would like to point out that
at our next Commission meeting on December 5,
980 the public hearing on the East Bank
evelopment plan will be held at 10:00 A.M.
e are scheduled to have the reconfirming
resolution at the meeting following that,
n December 199 1980. 1 would like to
eport that we are involved in planning for
lonroe- Sample area and working on some activi-
giings es that are related to the Studebaker Corridor.
are proceeding on schedule.
. Nimtz: The Chair would like to report
F.t a meeting was held of the people interested
the East Bank Area, at the Park Department
adquarters in Howard Park. We had an overflow
Dwd, in fact we had a stand ul crowd. There
re no objectors. There were s p everal questions
ised concerning the use of Niles Ave. and
ether it was going to be closed.
s. Kolata: The meeting was held with business
presentatives for the East Bank and surrounding
ea. There were about sixty (60) people a1-
gether that attended just to have a discussion.
r. Nimtz: The meeting went about two (2) hours.
t was a good discussion and there were a lot
f good questions and the only really tough
uestion was concerning Niles Ave. and how it
ould be used and whether they could get trucks
n there with trailers and so on.
Robinson: Did we notify all the temporary
nts downtown that they have to move after
holidays?
-12-
COMMISSION APPROVAL
OF RESOLUTION #629
RECONFIRMING RESOLUTION
#621
PROGRESS REPORTS
South Bend Redevelopment Commission
Regular Meeting - November 21, 1980
9. PROGRESS REPORTS (continued)
a. continued....
Mrs. Kolata: No, those notices have not
et been sent.
Mr. Nimtz: They are in the process.
r. Butler: Basically the requirement
is a 30 -day notice.
r. Nimtz: I had a meeting yesterday, with
r. Nelson Abrahams the president of the Down-
town Council and John Kagel the executive
irector concerning that situation.
Derbeck: There was a study being-made
with Baird and Warner with respect to
Century Mall, and a report was scheduled
to be submitted.
Mrs. Kolata: Yes, it hasn't been received
as of yet, I believe they are still working
on it.
Mr. Nimtz: We are still waiting for the
arrival of the report.
i\ls. Derbeck: Do you ever hear from theme
.qrs. Kolata: Yes, we are in contact with them
out it, but the report has not been finished.
. Derbeck: What is happening with the Odd
Fellows Building?
?rs. Kolata: I believe everyone is aware that
we have some difficulties with the financing
on the Odd Fellows Building. We have been
trying to find a way of closing the gap on
he financing and it is not yet all in place
ut believe me we are working on it diligently.
e have recently contacted the three developers
that are still interested in the building and
old them that we would be contacting them
ithin thirty (30) days as to what our inten-
ions were and what our proposal was.
s. Derbeck: Do you have any idea at this
oint when the friendly suit on the tax
'ncremental will be over?
-13-
South B nd Redevelopment Commission
Regular Meeting - November 21, 1980
9. PROGRESS REPORTS (continued)
a. continued....
Mrs. Kolata: As I understand it, it is
still in the Circuit Court but it should
be coming out at any time. After that
it will be sent to the Court of Appeals.
r. Butler: It depends on whether the
laintiffs wish to appeal.
qrs. Kolata: The plaintiffs will appeal,
I'm -sure. Then it will be going to the
Court of Appeals. But it has not yet
been released from the Circuit Court.
. Derbeck: Will there be some argu
at?
s. Kolata: Written arguments were
esented.
. Derbeck: Was there a decision
rded down?
. Butler: No, not yet. Whichever
rty is the loser will appeal.
rs. Kolata: The bond counsel indi-
ates that we need to go all the way
hrough the Indiana Supreme Count, so
t will go through the Indiana Supreme
ourt to reach a final decision. They
ere looking at spring as when it would
e through the court procedures.
r. Butler: The appeal will be filed
ith the Court of Appeals along with a
°tition to the Supreme Court asking the
_ipreme Court to take jurisdiction.
10. NEXTICOMMISSION MEETING
NEXT COMMISSION
MEETING
The ext regularly scheduled South Bend Re-
deve opment Commission meeting will be held
on D cember 5, 1980 at 10 :00 A.M.
-14-
South Be 4d Redevelopment Commission
Regular eeting - November 21, 1980
11.
rhero being no further business to come
before the Commission, Ms. Auburn made a
motion that the meeting be adjourned, se-
conded by Mr. Robinson, and unanimously
carried. The meeting was adjourned at
10:3t A.M.
z, ores
-15-
ADJOURNMENT
ck Vii, McMahon, Executive Director