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HomeMy WebLinkAboutRM 09-25-81SOUTH BEND REDEVELOPMENT COMMISSION RESCHEDULED REGULAR MEETING September 21"), 1981. 10:00 a.m. Presiding Officer: Mr. F. Jay Nimtz, President 1. ROLL Members Members 1200 County -City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Present: Mr. F. Jay Nimtz, President Mr. Lloyd E. Robinson, Sr., Vice President Mr. A. Peter Donaldson, Secretary Ms. Paula N. Auburn, Member Absent: Legal Counsel: Mr. Robert J. Cira, Assistant Secretary Mr. Kevin J. Butler Redevel pment Staff: Mr. Patrick M. McMahon, Executive Director Mrs. Ann Kolata, Deputy Director Mr. Kevin C. Horton, Deputy Director for Economic Development Mr. Paul Falduto, Administrative Assistant Mrs. Angela Coar, Executive Secretary Mrs. Mary Dockter, Secretary Community Development Mrs. Colleen Rosenfeld, Director Staff: Mrs. Kathryn Baumgartner, Director, Bureau of Housing Ms. Janet Satterthwaite News Media: Guests: 2. APPROVAL OF MINUTES Ms. Jeanne Derbeck, Reporter, South Bend Tribune Mr. Dave Anderson, Reporter, WNDU -TV Mr. Les Howard, Photographer, WNDU -TV Mr. Ernest J. Szarwark Mr. Daniel M. Rifkin Mr. Jack C. Dunfee, Jr. Mrs. GlendaRae Hernandez On a mo ion by Mr. Donaldson, seconded by Mr. Robinson and una imously carried, the Minutes of the Rescheduled MINUTES OF RESCHEDULED Regular Meeting of Friday, September 11, 1981 were REGULAR MEETING OF SEPT- approve c. EMBER 11, 1981 WERE APPROVED South Bend Redevelopment Commission Rescheduled Regular Meeting September 25, 1981 3. APPROVAL OF CLAIMS Mr. Nimtz placed Mr. Robinson in the chair because there was a claim for Historic Landmarks Foundation of Indiana. Mr. Nimtz cannot approve this claim since he is a member of their board. On a motion by Ms. Auburn, seconded by Mr. Donaldson and CLAIMS APPROVED unanimo sly carried, the claims totalling $124,188.09 were allowed and ordered to be paid. The authorized claims are: REDEVELOPMENT DISTRICT CAPITAL St. Joseph Bank Travel Agency REDEVELOPMENT DISTRICT` CAPITAL OF 1972 Borger /{Jones Associates P.E.A. OONROE- SAMPLE PROJECT $ 358.00* TOTAL $ 358.00 $ 200.00* TOTAL $ 200.00 Irvin J Manuszak, Clerk - Parcels 7 -11, 14 -4 and 6 -2 Michael and Paula Zonyk & ERA Realty - Parc 1 16 -36 Michael and Paula Zonyk Josephi e Kutch - Petty Cash Irvin J Manuszak, Clerk, Circuit Court St. Jos ph County Treasurer - Parcel 7 -15 Peggy Forrest Lorrain Zuhl - Parcel 14 -38 Lorrain Zuhl - Parcel 14 -38 Wiltfon Moving & Storabe, Inc. - Parcel 14 -15 Attorney Madeline Ettl - Parcel 14 -4 C. Clar , P. Clark, W. Dudeck, D. Lesson - Parcel 7 -15 C. Clark, P. Clark, W. Dudeck, D. Lesson - Parcel 7 -15 Enid C. Spohnholz & Cressy & Everett - Parcel 8 -13 Daniel roussard - Parcel 16 -24 Daniel Eroussard - Parcel 16 -24 Zandra ims - Parcel 16 -5 Zandra !ims - Parcel 16 -5 Edwardo and Ofeila Garza & Time Realty - Parc 1 15 -3 2 $ 1;670.00* 15,000.00* 500.00* 21.50* 3,000.00* 485.12* 100.00* 500.00* 15,000.00* 376.93* 96.59* 3,829.00* 32,264.88* 15,000.00* 4,000.00* 500.00* 4,000.00* 500.00* 4,000.00* South Bend Redevelopment Commission Reschedule Regular Meeting - September 25, 1981 3. APPROVAL OF CLAIMS Edwardc Abstrac Absolut Abstrac Abstrac Abstrac Abstrac Abstrac Allied Indiana Indiana Indiana Indiana Norther Norther Seifer J. W. W Mike Pi Histori P.E.A. Payrol l Payroll Pence, Pence, Pence, Edward Josephi Univers Kevin J Federal I.B.M. Indiana Indiana Indiana Nat -Lea Nationa' Nationa' Superin- The Wal Coffee Ann E. I continued) and Ofeila Garza - Parcel 15 -3 $ 450.00* & Title Corporation 35.00 Pest and Termite Control, Inc. 150.00 Company of St. Joseph County 250.00 Company of St. Joseph County 152.50 Company of St. Joseph County 162.50 Company of St. Joseph County 115.00 Company of St. Joseph County 65.00 onstruction Company 549.00 Bell Telephone Company 127.95 & Michigan Electric Company 8.38 & Michigan Electric Company 8.82 & Michigan Electric Company 66.37 Indiana Public Service Company 6.47 Indiana Public Service Company 31.66 afe & Lock, Inc. 20.00 rntz & Son, Inc.. 49.24 ley 156.00 Landmarks Foundation of Indiana 400.00 ** TOTAL $103,647.91 - 8 -22 -81 to 9 -04 -81 - 9 -05 -81 to 9 -18 -81 )ickens & Heeter sickens & Heeter ►ickens & Heeter i. Dunbar, Jr. ie Kutch - Petty Cash ty of Notre Dame Butler Clearing House, Inc. Express Corporation Bell Telephone Company & Michigan Electric Company Chapter NAHRO Community Development Association Council for Urban Economic Development :endent of Documents Street Journal 'ime Services .ol ata $ 8,012.87* 7,985.15* 33.31* 16.46* 4.52* 1,412.16* 28.00* 171.84* 200.00 7.50 21.00 100.50 466.83 48.91 20.00 335.83 45.00 500.00 12.00 77.00 26.65 66.65 TOTAL $ 19,592.18 South Bend (Redevelopment Commission Reschedule Regular Meeting - September 25, 1981 3. APPROVAL OF CLAIMS (continued) P.E.A. - 312 LOANS Roy Gallaway & Terrance and Tracy Finney $ 140.00 SPR Bathtub Refinishing & L. and D. Dwyer 250.00 TOTAL GRAND TOTAL $ 390.00 $124,188.09 On a motion by Mr. Robinson, seconded by Mr. Donaldson and unanimously carried, the claims signed prior to the meeting and denoted with an asterisk ( *) were ratified and confirmed. Mr. Nim z did not approve the claim for Historic Land- marks F undation of Indiana since he is a member of their 6 ard. The claim is denoted with a double asteris ( * *). 4. COMMUNMATIONS There were no communications to be presented to the Commisshon. 5. OLD BUSIINESS a. m fission approval requested to award Grant Pr d to Charles Brown Maintenance Co :, Ihc. for u h Bendix Drive. ram Katy Baumgartner explained that the Commission awarded this bid to R. A. Stickler in January on the basis that he was 20% under the estimate. To dat Mr. Stickler has refused to begin the job evei after receiving a 48 -hour notice. Therefore, I Zld recommend that the bid be awarded to Charles Br Maintenance Co., Inc. Mr. McMahon asked if R. A. Stickler had posted any typ of security bond. Mrs. Baumgartner confirmed tha he had and that he would be forfeiting the sec rity and would not be allowed to bid on future con racts. Mr. Robinson stated that this was the first time the Commission had awarded a contract to a contractor who ;e bid was more than 20% under the Bureau of Hou ing cost estimate. 4 THERE WERE NO COMMUNICATIONS TO PRESENT TO THE COMMISSION South Bend Commission Rescheduled �edevelopment Regular Meeting - September 25, 1981 5. OLD BUSINESS (continued) a. continued... On a motion by Mr. Donaldson, seconded by Mr. Robin- son and unanimously carried, the bond posted by R. A. Stickler concerning 701 South Bendix Drive was ord red forfeited on the basis of non - performance. The Grant Program bid award was rescinded and the awa d was made to Charles Brown Maintenance Co., Inc b. Commission ratification requested for 312 Loan a ication and proposal previously approved for approximately 4,000.00, now revised to $3,610.0 for Michele Pietraszewski. On a motion made by Ms. Auburn, seconded by Mr. Robinson and unanimously carried, the request for app oval for the 312 Loan for Michele Pietraszew- ski was approved in the amount of $3,610.00. c. Co ission approval requested to amend the Section 312 Loan a lications as art of the Rental Reha- bil tation Demonstration Project. Mr. McMahon stated that as a result of discussions and reviews that we have had with HUD on the Rental Reh bilitation.Demonstration Project, the 312 Loan app l 1 ications have been modified to reflect the re- hab costs of each individual unit rather than for the project as a whole, and the Commission was asked to Opprove these revisions. On it motion by Mr. Donaldson, seconded by Ms. Auburn and unanimously carried, the request to amend 312 Loan applications for the Rental Rehabilitation Demonstration Project was approved. d. CoW scion appro The American Cit al requested for an agreement with Corporation relative to Century Mr. McMahon stated that after negotiations with The American City Corporation we now have a contract for their services in preparing a study update in con- junction with the development of office and retail space in downtown South Bend. This contract was 5 312 LOAN APPLICATION FOR MICHELE PIETRASZEWSKI WAS APPROVED South Bend Commission Rescheduled �edevelopment Regular Meeting - September 25, 1981 5. OLD BUSINESS (continued) d. conttinued... dis ussed previously and we are now in a position to formally execute the contract. The contract cov rs a 26 -week period and we are sharing the cost of the study with St. Joseph Bank & Trust Company. The total cost of the contract is $78,000.00 plus rei bursables not to exceed $15,000.00. On a motion by Mr. Robinson, seconded by Mr. Donald- COMMISSION APPROVED AGREE - son and unanimously carried, the request to approve MENT WITH THE AMERICAN CITY an agreement with The American City Corporation,which CORPORATION is relative to Century Mall, was approved. e. Com ission approval requested for Homesteading Agree- men s with the following individuals: Na Address Leha Harley 409 East Haney Eduardo & Herminia Romero 811 East Milton Katy Baumgartner stated that these houses were award- ed to other individuals and, for various reasons, the ind'viduals.backed out of the program. In these cases another drawing was held if more than two people were int rested in the house. In all cases, the person ini ially awarded the property has signed a release to ny rights to the property, therefore, I would ask the Commission to approve these two. On a motion by Mr. Robinson, seconded by Ms. Auburn and unanimously carried, the request for Homesteading Agr ements with Lena Harley and Eduardo and Herminia Rom ro were approved. 6. NEW BUSQNESS a. Commission approval requested for the following Section 312 Loan Program proposal in accordance with recommen- dation of the Bureau of Housing. Name I Contractor Amount Frank Bianicki Engle Construction Company $3,211.92 [.1 South Bend redevelopment Commission Rescheduled Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) a. conttinued... Mr. McMahon stated that this is a loan that was pre - vio sly approved. The Bureau of Housing is recom- men ing the low bidder and would request your app oval. On i motion by Ms. Auburn, seconded by Mr. Donald- son and unanimously carried, the proposal for the Sec ion 312 Loan Program was approved and granted to ngle Construction Company. b. Co m ission approval requested for Resolution No. 645 affirming the Commission's intention to i nt prate the targeted .fobs orocirarii into the tax abatement process. Mr. McMahon stated that we would like to formally establish a policy of the Redevelopment Commission that if the City becomes involved in various assis- tance to businesses, that along with that assistance we receive a commitment from that firm or business to assist us in participating in placing disadvantaged individuals through the job targeting program that we are currently operating. We had attempted to do that over the course of the last year since we have ini- tia ed our targeted jobs activity. Marriott is an example of a firm which has benefited from public involvement in the building process and, now that they are hiring., is giving us a great deal of assistance and cooperation of placing people with their firm. We thought it would be appropriate to est blish a policy where we ask businesses to give us issistance and cooperate with us to the greatest deg ee possible. Mr. Robinson asked if there was a minimum wage set for people hired through the Targeted Jobs Program. Mr. McMahon stated that there was not, that most of the people here are funneled to us through the CETA program and CETA may have some particular re- str ction with respect to wages. We are not attempt- ing to modify on that, we are simply trying to im- plement that program. 7 South Bend redevelopment Commission Rescheduled Regular Meeting - September 25, 1981 6. NEW BUS NESS (continued) b. continued... Ms. Auburn stated that as she reads the Resolution, it oesn't state any of the obligations of an employer to adhere to any of the wage and hour laws. The PIC Cou cil operates under the CETA Act and that has pro- visions that all of the union negotiated contract pro- visions have to be adhered to. If they work for a uni n contractor and earn union contract wages, they would be earning the prevailing wage rate for that particular job and for that particular company. Ms. Aub rn liked the idea of firming our commitment to employment opportunities and tying this together with tax abatement and other programs. On motion made by Ms. Auburn, seconded by Mr. Robin- RESOLUTION NO. 645 APPROVED son and unanimously carried, Resolution No. 645 was app oved. Ms. Jeanne Derbeck asked if this Resolution was ret oactive. Mr. McMahon replied that it was not. c. Commission consideration requested for a tax abate- men re uest relative to an area commonly referred to its 1120 West Sample Street Metal Resources ation Mr. McMahon stated that the owner, Metal Resources Corporation, represented by their attorney, Mr. Ernest Sza wark, filed a request with the City Clerk and reviewed by this office. We feel that the area is eligible to be declared an urban development area. It Is an 18 acre site in the 1100 block of West Sample Street, near the Studebaker Corridor. There is currently some rehabilitation of an existing build- ing underway. That portion of the project is not to be ncluded. The segment of the portion of the pro- jecr which will be subject to tax abatement is the new structures that will be constructed in conjunction with the new business activity on the site. It is our understanding that there will be five structures along with the necessary fencing and other site work. The total estimated cost of the improvements that are part of the petition is just over $1 million. The land is currently zoned "E ", and all city utilities are present. The use of the property is going to be a metal recycling center. R South Bend Redevelopment Commission Rescheduled Regular Meeting September 25, 1981 6. NEW BUSINESS (continued) c. conftinued... We aould like to bring it to the attention of the Com ission that this property is adjacent to the Stu ebaker Corridor and many of the conditions that exist in that Corridor area,which made it eligible as a tax abatement impact area, are present here. The property has been vacant and has been rather un- pro uctive with respect to jobs. This is going to res It in substantial investment in the area, sub - sta tial improvements of the tax base of an area which currently is not productive and we will also have 75 new jobs that are being created in the community. That reflects around $1 million in payroll and we feel that if we put that all together that _there is an exc llent case here for tax abatement. Mr. Donaldson asked if Resolution 645 would apply to thi abatement. Mr. Mr. try hel i McMahon stated that it would. Robinson asked if the people that are employed now ing to renovate the structure were hired from local or were they brought in from Fort Wayne. Mr. Szarwark stated that they are both local and from out of town. Mr. Robinson stated that when we approve abatements it is upposed to benefit the citizens of South Bend and not somebody else that they import in to do work. Mr. Szarwark stated that in terms of development for the benefit of South Bend, we are taking a parcel of rea estate which has been traditionally unproductive. Poll data indicates that during the last period for whi h we have statistics, new commercial vacancies out umber the new commercial establishments by 3 to 1. The real estate in question is also next to a section of ensus Tract 27 which is in the southwest neighbor - hoo strategic target area. The southwest neighborhood pla ning profile characterized this particular area as dow ward transitional, suffering from a 49.9 per cent pop lation decrease since 1960. It is also suffering fron a high rate of vacancies and substandard struc- tur s. What we are going to do is put in new build- ing , possibly $1 million worthiof new buildings, and 9 South Bend redevelopment Commission Rescheduled Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) c. continued... we are going to establish 75 new jobs, with over $1 nillion per year in payroll. We are also going to tuy a substantial amount of new machinery that is goi g to be placed in these structures and on this pro erty. That means that the machinery will also rea h the tax base. We are providing jobs for local peo le. That is a definite benefit to the community. We are also going to be providing a product. good, low-cost product locally for local manufacturing pla ts. So this is the sort of project I think that deserves tax abatement both from the standpoint of making unproductive land within the City productive and in terms of providing additional jobs and payroll increase to the City of South Bend. If you have any further questions, Mr. Rifkin, the president of the com any, and Mr. Jack Dunfee, Jr., my partner, who has assisted the company in acquiring these parcels, will be glad to answer any questions you have. Mr. Robinson asked if the company was going to import hel in here other than top management or are they goi g to use local help. Mr.lSzarwark stated it would be local help. On z motion made by Ms. Auburn and seconded by Mr. Don ldson, the staff report was approved, recommending tax abatement for 1120 West Sample Street. Let the record show that Mr. Robinson voted against this request. d. Commission approval requested to amend the current Consulting Agreement with Edward G. Dunbar, Jr., re- lating to the Studebaker Corridor Project. and e. Commission approval requested to amend the current wn r Arc itect Agreement with at ews -Puruc er- Anella, Inc., relating to the Studebaker Corridor n - -, - -+ and 10 South Bend IRedevelopment Commission Rescheduled Regular Meeting - September 25, 1981 6. _ NEW BUSINESS (continued) f. Commission approval requested to enter into a Con- sulting A reement' with Edward G. Dunbar; Jr.; relat- ing tonthe Studebaker Corridor Project; subjecteto approval by the'Indiana'Department of Commerce. g. Com ission approval r Arc itect Agreement V Inc., relating to the subject t0 approval C Com erce. and quested to enter into a Owner th Mathews- Purucker - Anella, Studebaker Corridor Project, 'the Indiana Department of Mr. McMahon stated that these items all relate to activity in the Studebaker Corridor area. We have beei pursuing a program for the area, analyzing its possibilities with respect to manufacturing and other related business operations. We have been funded over the course of the last year by IOOD, the Indiana Office of ccupational Development, through the Department of Com erce. That grant allowed us to enter into two con tra is that we have under items (d) and (e). One is witl Mr. Edward Dunbar, a business consultant, and the sec nd is with the firm of Mathews - Purucker - Anella, Inc., who are doing some evaluations from an architec- tural and engineering standpoint of the facilities. We 2ntered into agreement with both of them that would hav2 carried us through the end of this year. Because we vere successful in receiving a second grant, the State has asked that we terminate our original agreements eff ctive the date of their close -out on that first yea's funding, which will be September 30, and, sec ndly, that we reestablish new contracts that will car ^y them through the next fiscal year, which we have relived grant approval for. So this is somewhat tec nical in that regard. The two addendums that are listed under (d) and (e) simply modify the date forward to September 30 from December 31. Originally without that funding we were attempting to carry the program until then. With the additional funding we are allowed to go another year and items (f) and (g) simply update our existing con- tracts to reflect the next State fiscal year, which runs from October 1, 1981 to September 30, 1982. We have made no other additions or modifications to the contracts out- side of the dates and the times. 11 South Bend Redevelopment Commission Rescheduled Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) d., e., f., and g. continued... On a motion made by Mr. Robinson, seconded by Mr. Donaldson and unanimously carried, the items in (d) (e), (f), and (g) that relate to Mr. Edward G. unbar, Jr., and Mathews- Purucker - Anella, Inc., wer2 approved. h. Commission approval requested for the following lease in the Monroe-Sample Development Area. Name Address Parcel No. Amount 1st Payment Date Bick Outdoo SW corner. Bronson 16 -42 $8.30 11 -1 -81 Advertising and Lincoln Way Co. East Mr. McMahon stated that this is a lease for the Monroe-Sample area and, consistent with our policies, the lease amount has been established from the pre- vious rental payment. On it motion made by Mr. Donaldson, seconded by Mr. LEASE AGREEMENT IN THE Robinson and unanimously carried, the lease in the MONROE- SAMPLE DEVELOPMENT Mo.n oe- Sample Development area was approved. AREA WAS APPROVED i. Commission designation requested for Disposition Par el No. 1 in the Monroe-Sample Development Area. and j. Commission approval requested for Resolution No. 646, approving the fair market re -use value of land within the Monroe-Sample Development Area. and k. Commission authorization requested to publish notice to intended sale of Parcel 1 in the Monroe-Sample De veld ment Area, with ublication date to be October 2, 1981 and receipt of bids to be at 10:00 a.m. on Oct ber 23, 1981. Mr. McMahon stated that these three items all relate to the same matter, the offering for sale of our first par - cel in the Monroe- Sample industrial area. We have a 12 South Bend Redevelopment Commission Reschedule Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) i., j.,j and k. continued... very strong interest from an existing South Bend business. They are interested in bidding on the property. This is a case where an existing busi- ness in South Bend is expanding, will be leaving our community, or moving in the near future. We would like to capture them into the South Bend area and particularly we would like to keep them in the Monroe-Sample area. As a result, we have attempted to put together all the necessary documentation over the last few weeks and make this parcel available for the formal public offering. We have three items tha relate to that activity. The first item is Commission designation for Dis- position Parcel No. l in the Monroe - Sample Develop- ment Area. On a motion made by Mr.. Robinson, seconded by Ms. Aub rn and unanimously carried, the legal description was designated as Disposition Parcel No. 1 in the Mon oe- Sample Development Area. Mr. Nimtz asked for a motion that they approve Resolu- tioi No. 646 for the fair market re -use value of Par- cel 1 in the Monroe- Sample Development Area. Mr. McMahon stated that the parcel has approximately 85,100 sq. ft. for permitted industrial uses consistent witi the Monroe - Sample Plan. The minimum bid price tha is established is $9,913.00. I would like to bring to he attention of the Commission that this re -use appraisal takes into consideration the fact that we are not demolishing houses or clearing the property. Had we one through the process of demolishing and clearing the property and preparing it for sale, this figure would have been higher. In this particular instance, we do not have the opportunity to go in and do all of that work and then make the property available. We have chosen to go this route, and quite frankly, from the Department's standpoint, to the extent that we can solicit interest in the properties without us going through the demolition process, I think we are going to Iry to encourage it, as it saves us some expendi- tur s from a cash flow standpoint. It is money that we on't have to Dav out. 13 South Bend Redevelopment Commission Reschedule Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) i., j.,J and k. continued... Mr. Butler stated that there will be requirements to clear the land within the contract. On motion made by Ms. Auburn, seconded by Mr. Robinson and unanimously carried, Resolution No. 646 was approved. Mr. McMahon stated that the last item relating to dis osition of Parcel l is permission to do the public advertisement so that bids could be received Oct ber 23. On a motion made by Mr. Robinson, seconded by Ms. Aub rn and unanimously carried, the authorization to 3ublish Notice of Intended Sale of Parcel 1 was app oved. 1. Commission approval requested for an increase in ur hase price for Parcel'No. 7 -11 in the Monroe - Sam le Development Area. Mrs Kolata stated that this is one of the parcels tha had gone to condemnation and the court appointed app aisers. The appraisers reported back and this wil be settled in the amount that the court- appointed app aisers established. On a motion made by Mr. Robinson, seconded by Ms. Auburn and unanimously carried, the request for an increase in the purchase price of $175.00 for Parcel No. 7 -11 in the Monroe - Sample Development Area was approved. m. Aut orization to employ Rolf Jensen & Associates, Inc. for fire protection service--. First Bank Center. Mr. McMahon explained that this is in relationship with the First Bank. Center. As you are aware, that project is nearing completion and we are about ready to request occ pancy permits, particularly for the hotel portion. This is not unlike other Redevelopment activities where we employ independent individuals to provide us with certification that things have been completed within cod E!. We have the need to address fire protection asp cts of this First Bank Center in light of the PUlti- use complexities of the project. We will, in all 14 South Bend Redevelopment Commission Reschedulel Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) m. continued... likelihood, also be employing an individual, indepen- dent from the City and the project, to take a look at it from the standpoint of performance with the plans and specifications that have been placed on file, like what we have done recently with Borger /Jones on Colum- bia Place. We will be doing this and there will be more than just this contract, as we close out our UDAG Grant itself and meet with some of those close -out audit-type requirements for inspections. We will be paying for this inspection item. There are a number of items that they will be addressing Rolf Jensen & Associates will go through the building and verify that various code requirements have been met with respect to construction and respect to design and management aspects of the building as far as how are is are going to be used and that they have the adequate facilities for that particular type of uses. They will be required to certify compliance with the pro ' ect on an overall basis to the Fire Marshal's off ce,and also part of our certification in closing out the inspections that we do on the UDAG project. We ire into a very unique thing at the First Bank Cen er with respect to the fact that it is multi -use and we have common walls and common activites that spi 1 to one area or another. Even more complex is the fact that the bank building is not on the same sch dule as the hotel and the hotel will be open witt the bank being in various degrees of completion. Various temproary items need to be addressed as well. As an example, the tenants'.space in the bank are. not completed and won't be completed until the tenants begin to move in. There are things such as sprink- lers and other types of fire code related items that are not in place until someone decides that they want their office to be so big and here is where the sprinklers are. So we have to get in to providing tem ovary protection that is available to the full project in case of a problem. Ms. (Auburn asked if it was a legal review or a saf ty review. Mr. lNimtz stated that it was both. Ms. uburn then asked if there was some reason why the local fire department doesn't do part of that. 15 South Bend Redevelopment Commission Rescheduledl Regular Meeting - September 25, 1981 6. NEW BUSINESS continued m. continued... Mr. McMahon stated that because the City is involved in paying for a portion ofthe project, we feel that it's in the best interest that it be independent. We wish to make it clear that there is no conflict of interest over a financial interest in the project ver us our requirements and regulatory functions. Ms. Qerbeckstated that if they did find problems, tha would mean a whole lot of new construction and tha would be kind of late. Mr. McMahon stated that he would hope that they wou dn't come up with anything startling. Mr. Nimtz stated that this is why we have lawyers to sue architects. Mr. Butler stated that normally the motion would be to approve subject to Council's review and approval. He uggested, though, that in this case the Commis- sioi direct that a contract be prepared, because this letter is not adequate. It does not spell out the Sco e of Services. Mr. McMahon stated that he understands that we are goi g to have sufficient authorization so they can get moving with that part to be resolved. Mr. Butler stated that the deficiencies.here are bas cally Scope of Services and not -to- exceed, which wou d put that $5,000.00 not -to- exceed'. The time with- in which their services would be performed. In con- cept the activities by Rolf Jensen & Associates, Inc. and directing the staff to prepare an appropriate agr ement then authorize the President and Secretary to txecute. On a motion made by Mr. Robinson, seconded by..L,1s. Auburn and unanimously carried, the Commission Presi- dent and Secretary were authorized to execute an agree- ment with Rolf Jensen & Associates, Inc., following preparation and review of an appropriate agreement by taff and legal counsel. n. Cotission approval Cle rance Contract jested for House Moving and and 16 South Bend Commission Rescheduled �edevelopment Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) o. Commission approval requested for House Moving and Cle rance Contract No. 2. Mrs Kolata explained the two contracts relate to hou e moving. We are contracting with Southold Heritage Foundation to clear the land by moving hou es. Southold has a right to dispose of the hou a as salvage which is consistent with our clear - anc language in the State statute. For this ser- vic we will pay Southold $1.00 per house upon com- ple ion of the clearance. The first contract itemizes seven possible house mov s that have been identified by Historic Land- mar (s and are currently vacant and under our owner - shi Southold has to clear these seven houses by Dec tuber 31, 1981. If they do not have a location for that house to move to by December 1, they can exc ude a particular house from the contract require- ments. In other words, they will only clear those houses that they are able to clear. We are not going to hold them liable because they haven't cleared a hou e that they cannot find a location for. Their intention is to identify individuals that would be interested in moving the houses, identify the lots that they are to be moved to, assist the individual in Obtaining the lot and assist them in obtaining fin ncing. When all those things are in place, the Southold would be able to dispose of the house thr ugh the right of salvage. The second contract is basically the same, but it deals with one house and that house is on that par- cel we talked about earlier, so it has a much shorter time line. In that one, we said that they would have to clear the land. by October 23, 1981. It is the date of receipt of bids for that parcel. I have talked abo t this with Mr. Gibney and he felt that it was worth a try to see if they could get the details worked out in a one- month period. If not, the house wil be demolished. Mrs Kolata stated that Southold would be responsible for filling the hole, breaking up the foundation that would be left in the property, and grading the land, but they will not be responsible for a lot of things that are normally required in a City demolition. Nam ly, reseeding of the land and filling with top soil. We are holding them liable for damage to City 17 South Bend Redevelopment Commissic Reschedule Regular Meeting - Sep 6. NEW BUSINESS (continued) n. and o. continued... sidewalks and curbs and si walks on the lot they are tion that the industrial We don't want them to go having the new -owner of ti we feel that we have prot( City, but yet not put in < ments. Most of the provi� something that Southold cz mover of the property. ber 25, 1981 reets, but not those side - leaving. It is our inten- rea will not have sidewalks. n to replace sidewalks and land tear them out. So, cted the property of the cite as strenuous require - ions in the contract are n pass on to the actual Ms. Auburn questioned whether Southold is looking at tho e vacant lots North of Bronson as the prime tar- get for moving these houses. Mrs Kolata stated that Hi through and doing drawings ingS of the houses to be m drawings showing where the how it would look. Southo His oric Landmarks for fil whe e a house of a certain We re also trying to gear tha are City-owned. toric Landmarks is going of existing streets, draw - ved, and revised street e new houses fit in and d is working closely with ing in vacant lots as to size would look the best. first toward those lots On a motion made by Mr. Ro inson, seconded by Ms. Auburn, and let the record show that the Chair abstains on this vote, the House Moving and Clear - anc Contract No. 1 was an roved. On it motion made by Ms. Auburn., seconded by Mr. Robinson, let the record show that the Chair.ab- sta ns on this vote, the House Moving and Clearance Contract No. 2 was approved. p. Commission approval requested for Covenants. for the Monroe-Sample Industrial Park. Mr. McMahon explained that the covenants address suc things as control of nuisances, set back re- quirements, landscaping requirements, controls over out ide storage, etc. They address screening in various areas, they establish the types of things that have to be shown to us for our review in the forn of a preliminary site plan, and they establish the kind of information that we expect from people 18 South Bend Redevelopment Commission Reschedule Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) p. continued... that are interested in redevelopment property. We don't have the legal description complete and I would ask that it be approved subject to addition of the legal description for the area that these covenants will apply to. I can describe it to you and explain that we are into a technical difference of how many feet and inches we are off around a couple of lots and that is the reason that we haven't got it defined today. The area South of Bronson Street, all along Bro son Street to the railroad tracks, all the way dowi to Sample Street and 23, as it swings around to Lin oln Way. The only exception within this block of roperties is the existing commercial properties and some adjacent lots . behind them located in this area. I think the lots that we are taking exception to s a portion of 16 -40, 39, 38, 37, 36, 35 and 34. It snot unusual with an old subdivision that has developed over the years that we have some disagree- ments or technical problems. It is our intent that the entire industrial area be reflected in this leg 1 description for these covenants. Ms. Auburn asked how the covenants relate to City zoning requirements. Mr. McMahon stated that the City zoning laws address screening and a number of things along that line, but they aren't necessarily totally coordinated. This clarifies the requirements to some degree. Secondly, it addresses many more specific items that are not addressed as part of our City Code. As an example, it lalks about types of construction and materials thal could be used for buildings within this area. We ave approached that with a similar manner as we haVE the Airport Industrial Park, which has given us a v ry effective industrial area. Ms. Auburn asked if we have technical expertise in the staff to help businesses look at what the cov- ena is really mean to them. Mr * McMahon replied that we can and will provide that assistance. Mr. McMahon stated that we expect to have the design gui elines and the commercial covenants at the next mee ing. 19 C South Bend Redevelopment Commission Rescheduled) Regular Meeting - September 25, 1981 6. NEW BUSINESS (continued) p. conjtinued... On liotion made by Ms. Auburn, seconded by Mr. Robinson COMMISSION APPROVED COVEN and unanimously carried, the covenants for the Monroe- FOR THE MONROE- SAMPLE IN- Sample Industrial Park area were approved, subject to DUSTRIAL PARK the approval of the legal description by legal counsel. 7. PROGRESS REPORTS Mr. McMahon stated that because of our acquisition reloca- tion .activity in the Monroe- Sample area, we have found that we have a need to address some weed and clean -up prob- lems in the area South of Bronson Street. The Neighborhood Code Enforcement has had to add a two- person clean -up crew to take care of these problems and we have authorized Mrs. Barnard to fill these positions, on a temporary basis, and we will pay their costs. Mr. Nimtz stated that we should put a time limit on this. Mr. McM hon will report back to the Commission after October 30 whether the clean -up crew needs to continue working 8. COMMISSION MEETINGS Mr. McM hon stated that the Commission meetings are schedul d for October 9 and 23. Mr. McM hon introduced the new Community Development Directo Colleen Rosenfeld, and Herman Lee, who is working with Kevin Horton in the Redevelopment Depart- ment. 9. ADJOURNMENT There b ing no further business to come before the Commiss on, Mr. Robinson made a motion that the meet- ing be idjourned. The motion was seconded by Ms. Auburn ind unanimously carried. The meeting was adjourn (d at 11:48 a.m. , Pre-`�-ident 20 cK M. COMMISSION MEETINGS IN OCTOBER WILL BE THE 9TH AND 23RD ADJOURNMENT n, Executive Direc