HomeMy WebLinkAboutRM 12-19-80December 19,
10:00 A.M.
Presiding Of
1. ROLL
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
1980
ficer: Mr. F, Jay Nimtz,
President
1200 County -City Building
227 W. Jefferson Boulevard
South Bend, Indiana 46601
Members Present: Mr. F. Jay Nimtz President
Mr. Lloyd Robinson, Sr., Vice President
Mr. A. Peter Donaldson, Secretary
Mr. Robert Cira, Assistant Secretary
Ms. Paula N. Auburn, Member
Legal Cc
Redevelc
nsel:
Mr. Kevin J. Butler
ent Staff: Mr. Patrick M. McMahon, Executive Director
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
Communi Development
Staf :
News Melia:
Mrs. Kathryn Baumgartner, Director, Bureau of
Housing
Ms. Jeanne Derbeck, Reporter, South Bend Tribune
Guests: Mr. James Cronk
Mrs. Glenda Rae Hernandez, SEPAC
2. APPROVAL OF MINUTES
On motion by Mr. Robinson, seconded by Mr. Cira, and MINUTES OF REGULAR
unanimously carried, the Minutes of the Regular Meet MEETING OF DECEMBER 5,
ing of lecember 5, 1980 were approved. 1980 WERE APPROVED
3. APPROM OF CLAIMS
Mr. Nimtz: The Chair announces that he and the
Director, Mr. Patrick M. McMahon, have gone over
the claims prior to this meeting, which was
necessary in order to close out the year, and
have found them all in order. I need a motion
to rati y and confirm the actions of the Presi-
dent an .Director in approving the claims.
CLAIMS APPROVED
South Bend R development Commission
Regular Meet ng - December 19, 1980
3. APPROVALIOF CLAIMS (continued)
On motio by Mr. Cira, seconded by Mr, Robinson, and
unanimou _by carried, the claims totalling $60,189.39
were all wed and ordered to be paid. The authorized
claims at:
REDEVELOPMENT REVOLVING FUND
Payroll: 11-29-80 to 12-12,80 $ 6,582.90
Business Systems, Inc. 43.20
Osco Drug 10.18
Smith Petroleum 80.83
TOTAL $ 6,717.11
REDEVELOPMENT DISTRICT CAPITAL
Patrick 11.
McMahon
$
115.17
Travelmo
e
594.00
Radisson
South Hotel
134.25
TOTAL $
843.42
P.E.A. -
EAST BANK AREA
Butler, Attorney
$
85.00
Kevin J.
TOTAL $
85.00
]INKS. 0
Area Services, Inc. $ 22.50
Kevin J. Butler, Attorney 977.30
Jordan's Mishawaka Transfer, Inc. 408.14
Parker, Brunner & Hamilton 1,195.00
TOTAL $ 2,602.94
P.E.A. - 312 LOANS
Shilling Carpet & Terrence
Finney $ 844.58
Bartholomew's, Inc. & Terrence
Finne 96.34
TOTAL $ 940.92
0
South Bend R development Commission
Regular Meet ng December 19, 1980
3. APPROVALIOF CLAIMS (continued)
REDEVELOPMENT BOND REDEMPTION
St. Jose0h Bank U Trust Company
TOTAL
GRAND TOTAL
4. COMMUNICATIONS
$49,000.00
$49,000.00
un_1P9..�9
There wee no communications to present to the
Commissi n.
5. PUBLIC HARING
a. Continuation of public hearing on East Bank De-
velo ment Area continued from December 5, 1980.
Mr. Mimtz: The Chair recalls everyones atten-
tion that at the last meeting, December 5, 1980,
we continued until today the public hearing on
the East Bank Development Area.
Mr. Butler: At this point if there is no addi�
tion 1 comments to be made in conjunction with
the public hearing, we can declare the public
hear ng closed.
Mrs. Kolata: I would like to enter into the
reco d that there were no written remonstrances
rece ved.
Mr. �utl.er; I don't believe we had any
rem
Mr. limtz: The Chair finds that there were no
written or oral remonstrances to the proposed
East Bank Development Area. The Chair now calls
for any further comments, remonstrances, sugges-
tions, and statements. The chair hears none.
The hair now believes it is in order to ratify
and �econfirm Resolution No. 626.
9
NO COMMUNICATION PRE-
SENTED TO THE COMMISSION
South Bend Redevelopment Commission
Regular Meeting December 19, 1980
5. PUBLIC HARING (continued)
a. continued...
Mr. utler; Under 5a we close the public hear-
ing ormally and under 7a, I believe, the
actu 1 action to confirm takes place.
Mr. Nimtz: The Chair now declares the public
hearing closed concerning the proposed East
Bank evelopment Area.
6. OLD BUSINESS
There was�no old business to present to the
Commissio .
7. NEW BUSINESS
a. Commission a
No. 62
ment P
Area t
Plan a
ments
with
a, dE
be b
cond
proval requested for Resolution
Eying and confirming Resolution
respect to the East Bank Develop-
claring the East Bank Development
ighted and approving Development
itions under which relocation oav,
Sri i i be made.
Mr. Mc Mahon; Under 7a, we have tt .,io items that
YOU will find in your,packets. The first is
the fo mal Finding of Facts that we would ask
the Coy mission to adopt this monring, which
lists he five primary reasons for the declara-
tion of the East Bank Area as a development
area. It states that 47% of the land within
the boundaries of the East Bank Area is currently
vacant; the entire area has been zoned "D" light
industrial since 1922. and, in spite of this,
indust ial use has declined; the declining in-
dustrial use has had a deteriorating effect on
residential and commercial property; since 1960
the population of the area has declined 78 %,
from 262 to 57, and the number of households has
decreased 84 %, from 130 to 21; there are 86
structures in the area, and approximately 25%
are deficient requiring various amounts of
structu al repair; and the current assessed
valuation in the entire area is $1,701,730.
4
THERE WAS NO OLD BUSINESS
TO PRESENT TO THE COMMIS-
SION
South Bend R developrient Commission
Regular Meeting - December 19, 1980
7. NEW BUSINESS (continued)
a. Mr. M�Mahon continues...
The R solution further reads that the South Bend
Redev lopment Commission finds that it will be of
publi benefit to the public health and welfare
to re evelop the East Bank Area. We would ask
that his Finding of Facts be adopted by the
Commi sion this morning.
Mr. N�imtz: Mr. Butler, do you want to suggest
the p oper motion?
Mr. B�tler; The motion would be to adopt the
Findi a of Facts.
Mr. Nhmtz: Do I hear such a motion?
Mr. R binson: Is the City Council going to re
zone his from light industrial to multi -- -purpose
or so ething like this?
Mr. McMahon: Once we go through the entire process
this morning, assuming that everything is recon
firmed, then we enter into that process with them.
We would have no authority to do that prior to that
time.
Mr. Robinson made a motion to adopt the Finding of
Facts as outlined and set forth in this document
dated December 19. The motion was seconded by Mr.
Cira and unanimously carried.
Mr. C ra: One question, Mr. McMahon, who owns most
of th property over there (East Bank Area)? Is
there any one corporation or any one individual?
Mr. M Mahon: It is very diversified. When we sent
out n tices to tenants and property owners for the
meeti g we held over at the Park Department, we had
sixty (60) to seventy (70) people.
Mr. Ora: So it is not just one group?
Mrs. Kolata: No.
Mr. Mc
ing it
but tl
Mahon; There are some groups that are operat -,
the area that own various pieces of property,
ere is no one large group that owns everything.
5
South Bend R development Commission
Regular Meeting - December 19, 1980
7. NEW BUST
a. continued...
Mr. McMahon: Mr. President, that being adopted,
we then have the formal Resolution No. 630 of the
Commission which ratifies and confirms Resolution
No. 626 with respect to the East Bank Development
Area It declares the East Bank Development Area
to be blighted and approves the Development Plan
and conditions under which Relocation Payments
can be made. The Resolution provides us with a
lega description of the area; it states that the
Comm ssion has found the area to be blighted; it
talk about the zoning and the process that has
been utilized in order to come to those conclu-
sion.,; it lists all of the appropriate public
hear ngs, the last of which was completed this
morn ng, and it comes forward with the "there-
fore' section, which makes the actual recon-
firm ng decl.aration. Kevin, the proper motion
would be?
Mr. �utler: To adopt Resolution No. 630.
Mr. imtz: Do I hear a motion that Resolution
No. 30 be adopted, which ratifies and confirms
the doption of Resolution No. 626?
Mr. ira made a motion to adopt Resolution No.
630, which ratifies and confirms Resolution No.
626. The motion was seconded by Mr. Robinson
and inanimously carried.
Mr. dimtz: Do I hear any objections or remon-
stra ces to the adoption.of this Resolution?
e were no objections or remonstrances heard.)
Ms. berbeck: What happens next?
Mr.
pert
Plan
to t
gene
acti
4cMahon: The City, through the Redevelopment
ission, is now in a position to acquire pro -
y, to relocate people as defined within the
to initiate public improvements that relate
its activity in the East Bank, and to perform
rally all of the Redevelopment - related
vities in that area.
2
South Bend Redevelopment Commission
Regular Meeti g — December 19, 1980
7. NEW BUSINESS
a. conti%ued...
Ms. D rbeck: Would you say that your specific
next' tep::would be that the Common Council
approve the rezoning that you did?
Ms. K lata: We will certainly be beginni:ng
that at the first of the year, but I don't
think our next action will be dependent on
that. Our next action will be to make purchase
offers to the owners of the properties we have
on our list. Actually, the first think we have
to do is proclaim the value for those parcels
and then make a purchase offer.
Ms. erbeck: You are concentrating on property
in the Race?
Mrs. Kolata: Yes, we will be acquiring the Race
and adjacent parcels.
Mr. McMahon: There are only three total lots
that are involved, plus we have a number of
small takes.
Ms. erbeck: What is your schedule?
Mrs. Kolata: Our timetable is to make purchase
offers after the first of the year.
Ms. erbeck: The way it now stands, does this
plan have to be ratified by the City?
Mr. McMahon: No. The action was completed
this morning.
Ms. erbeck: What about other properties in
that area, is that up to private developers?
Mr. McMahon: It is up to private developers.
The Redevelopment Commission does have the option
to add to, subtract from, or modify the plan as
we go along. However, we have to go. through the
same hearing process in order to make modifications.
Ms. erbeck: Will it have to be as it was down-
town where a Developer stated his intention to
buy roperty or vacant land? Would they have to
come to you for approval of the plans?
7
South Bend R development Commission
Regular Meet ng - December 19, 1980
7. NEW BUSINESS
a. continued...
1
Name
Mr. McMahon: The plan makes provision for review
of a 1 of the development in the East Bank Area,
just like the downtown area. We will have a Design
Review Committee to review the project.
Mr. imtz: Mr. Butler, I believe this is the first
Reso ution that has been adopted concerning any Re-
development where there hasn't been any objections,
is that right?
Mr. Sutler: Since I've been here, that is correct.
Comm ssion approval requested for awardi
tracts in connection with the HUD Audit
Actiflty Program, in accordance with rec
tion of the Bureau of Housing.
Nettie Murph
1417 E. Mine Street
Shirley Walk6r
820 Diamond venue
of con -
ean -U
menda-
Contractor Amount
Stateside Construction $833.00
Charles Brown Mainten- 210.00
ance Co.
Mr. McMahon; Kathy, would you outline these please?
Mrs. Baumgartner: I would like to make this clear.
If you notice, there is only one estimate. This is
not contrary to the Commission's request at their
last meeting, this is the normal procedure that we
follow with the HUD Clean -Up. These were items
that contractors were scheduled to do at an earlier
time under the initial contract a year or two ago.
Sinc that time it has been determined that the
cont actors were not responsible for those parti-
cula items and they were deleted from the contract.
We hive already done a clean -up contract on both
of t ese homes, yet these items remain as code
viol tions and need to be corrected. For that
reas n we went back to the contractor who did the
clea -up work and got an estimate from them.
On M'ner Street it involves exterior painting of
the ouse, and on Diamond Street we replace two
exte for doors and a storm combination.
South Bend Re evelopment Commission
Regular Meeti g - December 19, 1980
7. NEW BUSIN SS
b. conti ued...
Mr. C'ra: Kathy, is it really that hard to get
more than one bid?
Mrs. Baumgartner: No, it would not be difficult
to do that. The people's houses have been some-
what Pessed up, initially by the contract of two
years ago. Three weeks ago we went into the
houses with a clean -up contract. At the same
time we did the clean -up, letters went to the
contractors specifying the items that were their
resp nsibility to correct. If the contractor is
able to bring evidence to the contrary, we then
eliminate that from their responsibility. So
inst ad of getting a third or a fourth contractor
to come to the house, we just go back to the same
person who did the clean -up.
Mr. ira: Why wasn't all of this in the original
contract in the beginning? You wouldn't have had
this problem.
Mrs. Baumgartner: Exactly. That is what the HUD
Audit determined.
Mr. ira: It reflects back to the inspector?
Mrs. Baumgartner: That is right.
Mr. obinson: Has the work already been completed?
Mrs. Baumgartner The painting of the house has,
the Joors have not.
Mr. ira: What happens if we don't approve it?
Mrs. Baumgartner: Then we are in big trouble.
Mr. Robinson: Well, you know it does not make any
sense for us to sit up here and come down here and
put our time in and make motions on this floor and
then, the very next meeting, they come back and
say, "well, we are sorry about it, we know what you
did last meeting, but now we still want to operate
the same way as before." I know what it was last
tiME and how much dissatisfaction it was for ap-
pro al of some of the other claims we had, we made
9
South Bend R development Commission
Regular Meeting - December 19, 1980
7. NEW BUSINESS
b. Mr. Robinson continues...
a motion and it was passed unanimously as far
as I know, but from now on we will have two
bidders. So I don't know what you are going
to do, but I am not much in favor of passing
the thing. There is no sense of us coming
down here wasting our time.
Mrs. Baumgartner: I can understand your
posi ion. But they are two distinctly dif-
fere t situations.
Mr. Robinson: There are no differences as far
as we are concerned. We made a motion and there
was action taken, and to me that is what should
be complied with. That is what you would have
to do in any other organization. What makes
this so different? That is why I say you are
wast ng our time when we come down here if they
are of going to pay any attention to what ac-
tion we take.
Mrs. Baumgartner: You mean the Bureau of Housing
in g neral?
Mr. Robinson: Anybody. If we are supposed to
be the Commissioners of Redevelopment, and we
take action at this meeting, then it should be
complied with, whatever action the Commission
takes. If it is not, what is the sense of us
even having a Commission?
Mr. ira: Why do the work before we approve it?
Mrs. Baumgartner: In terms of painting the
hous , this was a contract that was approved
befo e it was determined that the Bureau of
Housing had to bring all of the contracts here.
Mr. 9cMahon: I sympathize very much with Mr.
Robi son and Mr. Cira with respect to one bid.
From what you are telling me, this is addi-
tional work that is being performed by a con-
tractor who already has a contract for this
home. It is not a new contract.
Mrs.
Baumgartner: Right.
10
South Bend Re evelopment Commission
Regular Meeti g - December 19, 1980
7. NEW BUSINESS
b. continued ...
Mr. McMahon: It is just a change order. I am not
sure why you use a separate contract form, but in
essence it is a change order. That I can under-
stand.
Mrs. Baumgartner: They actually completed the
terms of their original contract.
Mr. McMahon: This is additional work by the same
man?
Mrs. Baumgartner: Exactly.
Mr. ira: How can an inspector miss painting a
hous ? If a house has got to be painted, you can
see it as soon as you walk up the steps.
Mrs. Baumgartner: I understand that, but this was
something that was determined two years ago and
was then eliminated from the contract. We then
contacted the contractor who was the general con-
tractor. He showed evidence that this was deleted
from the house and this was the contract that had
subsequently been completed but was not presented
to a yone for approval.
Ms. Auburn: So this is still part of the HUD
Clea -Up Activity?
Mrs.lBaumgartner: Right.
Ms. Auburn: We have made a determination to try to
move ahead and get the clean-up activity done. This
is similar to some of the other clean -up activities
and contracts that were looked at, where the Bureau
of Housing has gotten caught between a rock and a
hard place. Things were not done properly the first
time and now HUD is coming back through and saying
you of to go back and comply.
Mr. ira: Kathy, I will make a motion that we ap-
prove these two. I will never do it again, I will
vote it down. I want two bids, this is the last
time I will make a motion to approve it. You have
to do everything right. In other words, if we are
goin to vote on a contract, we don't want the job
done before we vote on it.
11
South Bend R development Commission
Regular Meeting - December 19, 1980
7. NEW BUSINESS
b. continued...
Mrs.lBaumgartner: Certainly, I understand that.
Mr. lira: You have to have more than one bid.
Mrs. Baumgartner: On the HUD Clean -Up Activity
and verything else, there will be more than one
bid.
Mr. Robinson: I understand what you are trying
to do, you are trying to get it cleaned up and
get it out of the way. Painting a house is not
the same emergency as it is if the gas is off
and you don't have any heat and residents of the
house can freeze to death. That house, as far
as I am concerned, could have waited until we
made the decision about painting the house.
Mrs. Baumgartner: I can understand that, except
that we have told HUD that we will be out of these
hous s by the middle of December.
Mr. ira: There never would have been a problem if
it w uld have been done right originally.
Mrs.lBaumgartner: Exactly.
Mr. ira made a motion to approve the HUD Audit
Clea -Up Activity Program in accordance with re-
commendation of the Bureau of Housing. The motion
was teconded by Mr. Robinson and unanimously
carried.
c. Comm ssion approval requested for the following
Sect on 312 Loan proposal in accordance with re-
commendation of the Bureau of Housing.
Name Contractor Amount
Terrence M. Finney South Bend Electric $360.00
Company
Mr. McMahon: This is not Clean -up Activity?
Mrs. Baumgartner: No. I believe it is recommended
to go to the lowest bidder.
12
South Bend Rldevelopment Commission
Regular Meeting December 19, 1980
7. NEW BUSI
c. contilnued...
Mr. Robinson made a motion to approve the 312
Loan proposal in accordance with recommendation
of the Bureau of Housing. The motion was
seco ded by Mr. Cira and unanimously carried.
8. PROGRESSIREPORTS
Mr. McMahon: We have only one progress report, and
that is from the staff of the Commission. I wish you
all a very Merry Christmas and Happy New Year. We
hope to see you.on January 2, 1981.
Mr. Nimt : We return the compliment and the best
wishes. We hope that everyone returns safely after
the New Year.
Mr. Nimt : Any statements or comments from the
public or press?
Ms. Derb ck: We have been waiting and waiting to
hear this report from Baird and Warner about Century
Mall.
Mr. McMa
The enti
lates to
town Cen
of the e
slow or
have com
have rem
would ha
is now,
City are
would ho
that tha
now I th
you are
be, look
as seein
I don't
to 20% i
ion: Their report has not been completed.
•e crux of the Baird and Warner report re-
how one might finance and package the down -
;ury Mall. I think that the current state
:onomy dictates whether or not that happens
=ast. I think if the interest rates would
down at the end of last summer, and would
tined down for some period of time, it
re greatly facilitated that work, but as it
:he Investor and Baird and Warner and the
struggling with that information. We
)e that the economic conditions improve so
t can be forthcoming sooner. But right
ink it is safe to say that everyone, whether
involved with the mall or.-whatever it might
forward to some time in the near future
a something happen that is going to change.
think anyone has reconciled themselves yet
iterest rates.
13
SECTION 312 LOAN
PROPOSAL APPROVED
South Bend R development Commission
Regular Meeting - December 19, 1980
8. PROGRESSIREPORTS (continued)
Mr. Nimt : We can say that there has been contact
between aird and Warner recently and representatives
of devel pers of the Mall within the last two weeks.
Mr. McMa on: Yes, although they have not drawn con-
clusions yet, and probably won't until sometime in
early 19 1.
Ms. Derb ck: What about the building currently in
the Cent ry Mall area?
Mr. McMahon: We anticipate to take action particularly
with respect to the block on the west side of Michigan
Street. The TRANSPO grant has been moving forward. I
believe that they should be funded for that grant in
1981. The entire Mall Project is one which has to be
designed and handled in a phasing concept, not every-
thing is going to happen at the same time and that
activity on the west side of the block, particularly,
we would see moving ahead in 1981.
Ms. Derb ck: The west side of Michigan, you are in
that block where TRANSPO is going to be. That, how-
ever, would be included in the Mall. Are you going
to build the Mall in sections?
Mr. McMa on: Yes. TRANSPO's activities will start
out earl er.
Ms. Derb6ck: How about the Odd Fellows Building?
Mr. Nimt : I have not discussed that with the Mayor
for some weeks.
Mr. McMahon: You may wish to interview the Mayor.
The Mayor is very much involved in every aspect of the
Odd Fellows Building. As you recall, the Tribune
reported _a month or so _ago that the Mayor was suggest-
ing some Community Development funds, and possibly
some 312 funds, be utilized to provide some low in-
terest f nancial support to the Odd Fellows Project.
Once tha is approved we are going to ask those
develope s that have been negotiating to agree or
step away from their proposals. The Common Council
is prepa ing to approve or disapprove that funding
request o there is something going on with respect
to Odd F llows,and the Mayor's desire has been to
provide ome assistance in the neighborhood of
14
South Bend RE
Regular Meeti
8. PROGRESS
Mr. McMah
$200,000
Assuming
appropria
can resol
velopment Commission
- December 19, 1980
EPORTS
n continues...
o $300,000 for that financial package.
hat the Common Council agrees that is
e, then we will be in a spot where we
e the Odd Fellows issue.
9. NEXT COMMISSION MEETING
Mr. Nimtz: The Chair announces that the next meet-
ing will te January 2, 1981, and unless there is
some objection we will have the Annual Organizational
Meeting first at 10:00 a.m., and then we will proceed
into the Regular Meeting of the Commission immediately
following the Organization Meeting.
10. ADJOURNMENT
There being no further business to come before the
Commission, Mr. Robinson made a motion that the
meeting b adjourned. The motion was seconded by
Mr. Cira and unanimously carried. The meeting was
adjourned at 10:37 a.m.
z, President
15
NEXT COMMISSION MEETING
ADJOURNMENT
ck M. McMahon, Executive Director