10/20/97 Board of Public Works Minutes

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0KI&A REGULAR MEETING OCTOBER 20, 1997 to provide sanitary sewer service to the address at Key # 21-1038-0629.02, Mr. Marsh and Mr. Butt waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Thomas and Evelyn Lupa. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to the address at Key Number 02-2053-2136, South Bend, Indiana, the Lupa's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roemer made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Littrell, seconded by Mr. Roemer and carried, the following Deed of Dedication was approved. Property Owner Address Key Number Purpose Julia Lacay 2703 Locust Road 18-8153-5525 Sewer Improvements TABLE GRANT OF EASEMENT - FIRE ESCAPE - 214 WEST JEFFERSON Address Key Number Purpose 214 West Jefferson 18-3007-0223 Fire Escape Ladder Encroachment in right-of-way Mr. Greg Kiehl was present, and stated that the building in question was the old "Barb's Restaurant". Renovation is being planned for the top three (3) floors for office space, and the Code Statutes states that the fire escape must remain on the building. Mr. Kiehl stated he has received approval from the Fire Department, Building Department and the Division of Engineering, and. a variance issued by the State of Indiana will be approved, subject to the Board of Public Works approving the Easement. Ms. Ann Kolata, Community and Economic Development, was present, representing the Redevelopment Commission. Ms. Kolata stated that the building at 214 West Jefferson is currently being appraised for acquisition, and the owner will be sent an offer. The Redevelopment Commission's position is that the Easement is not in the best interest of the City or Mr. Moerlein at this time, as the Redevelopment Commission is trying to acquire the property. Ms. Kolata was concerned that in granting one easement, the City would be sending two messages 1) go ahead with improvements, but 2) the City wishes to acquire the property. Further, Ms. Kolata stated many expenses incurred by Mr. Moerlein would not be compensable in condemnation. Ms. Kolata recommended that the issue be either denied or tabled until the Commission receives an appraisal. Mr. Steve Moerlein was present, and stated that the Redevelopment Commission has been working on the acquisition for a year. He is paying taxes and .a mortgage, and cannot wait, as it could take another five years before anything is done. In addition, Mr. Moerlein stated that he knows nothing of an offer made on the building. He stated he was present at the last Commission meeting, and was told they were "just thinking" about the acquisition. Mr. Moerlein stated that he felt he had "done his homework" by obtaining approvals from the Division of Engineering, Building Department and the Fire Department. Also, Mr. Moerlein stated that the Easement was revocable by the City. Ms. Kolata stated that there are currently two (2) appraisers involved. One appraiser has been denied access to the building, and is working on a appraisal without access to the building. Further, this property was, added to the acquisition list and two appraisers have been hired. L1 1 1