10-12-98 Public Works & Property Vacation

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Public Works and Property Vacation Committee October 12, 1998 Page 3 Schwartz along with a copy of the Easement which had been recorded on September 16, 1998 (copies attached). Mr. Leinen stated that he never heard the easement referred to as a limited easement. Dr. Varner noted that when this was placed on the Committee agenda that he advised Mr. Leinen that it would not be resolved this evening. Eugenia Schwartz, the attorney for the Center for the Homeless, Inc., then addressed the Committee. She also introduced Mr. Shannon Cullinan, the Director of Business Development for the Center for the Homeless, Inc. She noted that Tutt Street is still open today. She stated that Mr. Leinen has fenced off the area without a gate; whereas Schaffer Gear has a gate on their fence and therefore have no problems. If a gate was in place they also could have access. She noted that a for lease or for sale sign is posted on Mr. Leinen's property. She noted that the concern raised by Mr. Leinen was access by his customers and parking for his staff when the proposed vacation was discussed. She noted that a draft of the easement was sent to the Council via their attorney and that the Center for the Homeless deliberately limited the easement since an additional ten feet (10') would be gifted to Mr. Leinen if it was not restricted. She concluded that the limitation of hours is similar to the limitations in place with Schaeffer Gear,Inc. The Council Attorney noted that she check Ord. No. 8842-97 and the hearings held on the Bill on October 27, and November 24, 1997. She noted that the proposed easement was consistent with the concerns raised and the motion made be Councilmember Hosinski and seconded by Councilmember Kelly at the November 24th Council meeting. She offered to provide copies of the ordinance and the Council minutes to Mr. Leinen and Mrs. Schwartz (copies attached). Mrs. Schwartz noted that the Center for the Homeless, Inc. Board of Directors reviewed this matter very carefully before authorizing their President to sign the easement. In light of the lateness of the hour, further discussion was discontinued so that the Council could review the documents in question. There being no further business to come before the Committee,the meeting was adjourned at 5:35 p.m. Respectfully submitted, Council Member David Varner Chairperson,Public Works and Property Vacation Committee Attachments