03-24-97 Public Works & Property Vacation

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(ommftttt Att port: Public Works and Property Vacation Committee So tbt (Common tountil of the tltg of month tub: The March 24, 1997 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Councilmember David Varner, at 4:30 p.m. in the Council informal meeting room. Persons in attendance included Councilmembers Kelly, Aranowski, Pfeifer, Broden, Varner, Ujdak, Coleman and Sniadecki; Carl Littrell, Anne Bruneel, John Ford, Don Porter, and Kathleen Cekanski-Farrand. The Council Attorney noted that she had been in contact with Mr. John Roxy today with regard to the proposed alley vacation addressed in Bill No. 16-97. Mr.Roxy noted that he had hired Mr. James Nafe, an attorney in South Bend, to assist him in the preparation of the required easement agreement. Mr. Roxy requested that the Bill be continued until the next Council Meeting of April 14. The Committee then reviewed Bill No. 20-97 which is a street vacation request. Mr. John Ford, the Attorney for the petitioner, the St. Joseph's Medical Center, made the presentation. He noted that the vacation would be in the 900 block of East Madison Street. The petitioner is requesting that the south 12.5 feet of the existing 82.5 foot right-of-way in the 900 block of East Madison Street be vacated. The purpose of the vacation would allow St. Joseph's Medical Center to provide additional off street parking for its patients and visitors. He noted that last Fall he began negotiations with a staff member of the Area Plan Commission and also discussions with the City Engineering Department . The vacation would permit the creation of forty-nine (49) additional parking spaces. He also noted that he had been in contact with the neighborhood group representing the area. Dr. Varner noted that the Board of Public Works sent an unfavorable recommendation to the Council through a letter dated March 24, 1997 (copy attached). Mr. Carl Littrell then spoke in opposition to the proposed vacation. He noted that he believes that it would be setting a precedent. Councilmember Pfeifer questioned whether DuComb Center had been specifically contacted. Mr. Ford noted that he had not contacted them directly, however, they were sent a legal notice of the proposed vacation. Mr.Ford noted that the rezoning would come before the Area Plan Commission in April and then would be sent to the Common Council in May. Mr. Udjak questioned what the alternatives would be if the Council would turn the proposed vacation down. Mr. Ford stated that he would need to discuss this with his client further. He did note, however, that he will contact the DuComb Center and if parking is a consideration that he will discuss that matter further with them and his clients. In light of the concern raised with regard to the operation of DuComb Center and necessary parking and how it would be impacted by the proposed vacation,the Council requested that Mr. Ford contact the DuComb Center representatives and report back to the Council at its meeting of 6:45 p.m.this evening.