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Committee Report from the <br /> Public Works and Property Vacation Committee <br /> The May 10,2004 meeting of the Public Works and Property Vacation Committee was <br /> called to order by its Chairperson,Dr. David Varner at 4:05 p.m. in the Council Informal <br /> Meeting Room. <br /> Persons in attendance included Council Members Dieter,Pfeifer, White, Kelly,Puzzello, <br /> Varner,Kuspa,Coleman and Kirsits;Assistant City Attorney Aladean DeRose,City Clerk John <br /> Voorde, City Controller Rick 011ett,Public Works Director Gary Gilot, City Engineer Carl <br /> Littrell,Bill Schalliol,Michael Hardy,Harry DeShoen, Rita Kopola, Terry Bland of the oSn f11 <br /> !rub Tribunr, and Kathleen Cekanski-Farrand,Council Attorney. <br /> Dr. Varner noted that the Committee consists of Council Members Kirsits,Pfeifer, <br /> Coleman and himself. <br /> Dr. Varner called for a presentation on Bill No. 29-04 which is a request to vacate <br /> portions of Main Street,Lafayette Boulevard,Auten Street and Hoover(Homer), all of which are <br /> located south of Ireland Road and west of Michigan Street,north of the St. Joseph Valley <br /> Parkway. He noted that the Board of Public Works sent a favorable recommendation subject to <br /> a cross-easement agreement. (report attached). <br /> Michael D. Hardy of Barnes and Thornburg made the presentation. He noted that the <br /> vacation is necessary in order to facilitate the development of a 430,000 square foot retail center. <br /> Over fifty(50)acres will be involved in the development with the bulk of the adjacent properties <br /> being in various stages of purchasing. The development agent has entered into an agreement <br /> with the Redevelopment Commission, and as a result there will be rolling dates for move outs <br /> and vacation closures. <br /> In response to a question from Council Member Puzzello,Mr. Hardy noted that a great <br /> deal of dirt needs to be moved and that will affect the construction start of the project. <br /> The Council.Attorney noted that she did not see any triggering mechanisms in the <br /> proposed ordinance which she believes are necessary in light of the rolling closure dates for the <br /> various vacations. She noted that the Council has worked closely with the Director of Public <br /> Works in the past on such projects as Crowe Chizek, etc.,and recommended that the petitioner <br /> meet with Mr. Gilot to come up with amendatory language. <br /> Dr. Varner then opened the floor for public comments. Mr. Harry DeShoen,the owner of <br /> Maxi's restaurant voiced concern about being land-locked since 85%of the access would be <br /> affected by the proposed vacation. <br /> Dr. Varner noted that the parties must work out ingress/egress matters so that everyone is <br /> satisfied especially when multiple parties are involved. He suggested that Mr. DeShoen meet <br /> with Mr. Hardy and Mr. Gilot to work out all of their concerns and language items and report <br /> back to the Council this evening with a new Bill. <br /> Public Works and Property Vacation Committee Meeting of May 10,2004 Page 1 <br />