07-10-95 Public Works & Property Vacation

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r Committee Report Public Works and Property Vacation July 10, 1995 Page 2 The Council Attorney noted that both the City Administration and the City Council were concerned about this topic however neither wanted to create false expatiations that additional authority other than that which has already been used was present. She then requested Jenny Pitts-Manier of the City Legal Department to give a brief review of the issue.Mrs.Manier noted that Redevelopment Department acquired the former location and that the business has determined to move to the property formally housed by Don's Body Shop. The Building Department did an inspection and found that originally such a use could not be used in light of two controlled uses being found under the Zoning Ordinance. The businesses entered into a private transaction and that there was no longer a second controlled use in the area. Council Member Kelly stated that at this stage he believes that very little could be done in light of the law involved however economics would be the best alternative to protest such a business. Council Member Coleman questioned what stage under the"Contract to Purchase" the perspective owners were at with no one in the room knowing the answer to that question however a appeal to the current property owners may be o possibility. Doug Carpenter a Citizen Member to the Zoning and Annexation Committee agreed with the comments made by Council Member Coleman. Mr. Mike Edwards of 822 East Irvington then presented a petition with approximately 1200 signatures voicing opposition to the relocation.Again Council Member Puzzello noted that this item was not part of the agenda. In response to a question raised by a concerned woman in the crowd, Ann Kolata noted that no public monies for relocation had been paid as of this date. She further noted that the business would be entitled to moving expenses because they are an ongoing business.Limits would be actual costs plus $10,000.00 for reestablishment or a maximum of$20,000.00 if income tax returns were given for two years. Such monies if paid would come from TIF monies. Council Member Slavinskas stated that no one is in favor of this proposed relocation however he would defer his comments to later this evening under privilege of the floor as previously stated by Council Member Puzzello. He stated that it was similar to finding a needle in the haystack and that apparently the business were able to find the niche under the current law. President Ladewski agreed with the comments made by Council Member Coleman. The Council Attorney noted that in light of the uncertainty of the contract to purchase and the stage in which it is at,that perhaps the best option was for the concerned to present the petition to the current owners of the real property in question as opposed to the Common Council. Council Member Washington also stated that perhaps state legislative representatives should be contacted. •