HomeMy WebLinkAbout10/22/07 Public Works and Property VacationPublic Works and Property Vacation Committee
2007 South Bend Common Council
The October 22, 2007 meeting of the Public Works and Property Vacation Committee of
the South Bend Common Council was called to order by its Chairperson, Council
Member David Varner at 3:41 p.m. in the Council's Informal Meeting Room.
Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Rouse, Varner,
Kirsits, White, and Puzzello; Public Works Director Gary Gilot, Interim City Controller
John Murphy, City Engineer Carl Littrell, Michael Divita, Bernie Feeney, Don Napoli,
Assistant City Attorney Shawn Peterson, Martha Lewis, Mrs. Kopola, City Clerk John
Voorde, Michael Floren, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-
Farrand, Council Attorney.
Dr. Varner noted that the Committee members include Council Members Pfeifer, Dieter,
Kelly and himself and that J. Edward Talley is the Citizen Member.
Dr. Varner then called for a presentation on Bill No. 68-07 requesting a vacation of a
portion of the first north/south alley lying west of Miami Street extending from Ewing
Avenue north to the 1St east-west ally east-west alley lying north of Ewing in the Oak
Park Fourth Addition to the City of South Bend.
Bill No. 68-07: Request to Vacate Ist N/S Alley West of Miami Street in Oak Park
Fourth Addition for the Virginia M. Tutt Branch Library:
J. Bernard Feeney of Lang, Feeney & Associates, Inc. with offices located at 715 South
Michigan Street in downtown South Bend made the formal presentation. Mr. Feeney
provided a site map of the area in question (copy attached) and noted that Mr. Donald J.
Napoli was also present for the presentation. Mr. Feeney stated that the Tutt Branch
Library will have a $1.3 million expansion. He added that in working with the City's
Department of Public Works the petitioner has agreed to the easement access of 20' for
Miami and 24' for Ewing.
City Engineer Carl Littrell stated that with the access easements as depicted on the site
map and as described by Mr. Feeney that the Department of Public Works is in favor of
the proposed vacation.
Michael Divita of the Division of Community Development spoke in favor of the Bill.
Mr. Donald J. Napoli, Executive Director of the St. Joseph County Public Libraries noted
that the Tutt Library Branch expansion is important to the community and the
neighborhood. He stated that the vacation will help make this area safer for the library
patrons and the surrounding neighbors.
October 22, 2007 Public Works and Property Vacation Committee Meeting Minutes
Page 2
Council Member Pfeifer requested Mr. Napoli to give an update on proposed library
expansions, noting that the Community Relations Committee chaired by Council
Member Kelly might be the most appropriate venue.
Mr. Napoli stated that he would be pleased to give such an update.
Following discussion, Council Member Pfeifer made a motion, seconded by Council
Member Kelly that Bill No. 68-07 be recommended favorably to Council. The motion
passed.
Dr. Varner then called for a presentation on Bill No. 69-07 which is a request to vacate
the 1St east-west alley north of Washington Street in the Oak Grove Addition.
Bill No. 69-07: Request to Vacate Ist E/1N Alley North of Washington Street in
Oak Grove Addition, Portage Township in the City of South Bend
J. Bernard Feeney of Lang, Feeney & Associates, Inc. with offices located at 715 South
Michigan Street in downtown South Bend made the formal presentation. Mr. Fee a ~l
noted that the petitioner is Uniroyal Technology Corporation formerly known as
Adhesives & Sealants. The purpose of the vacation is to permit the owners to benefit
by using the property for "the most applicable use", noting that it is fenced. The area in
question was overlooked in 1996 and this would correct that situation.
City Engineer Carl Littrell spoke in favor of the proposed vacation in response to a
question from Council Member White.
Michael Floren of Huey Street inquired about access.
Mr. Feeney stated that he had spoken earlier with Mr. Floren and that his property
would not be affected by the proposed vacation.
Council Member Dieter made a motion, seconded by Council Member Kelly that Bill No.
69-07 be recommended favorably to Council. The motion passed.
Dr. Varner then called for a presentation on Bill No. 67-07 which is a request to
appropriate $1 million from the MVH Fund # 202 for the expansion of Douglas Road.
Bill No. 67-07: Request to Appropriate $1 million From the Motor Vehicle
Highway Fund # 202 for the expansion of Douglas Road from S.R. 23 to the
Mishwaka City Limits
Public Works Director Gary Gilot made the formal presentation. He noted that the
Douglas Road Improvement Project has been discussed earlier with the Council, and
cited the information in the 1-page handout depicted a map of the area and key
October 22, 2007 Public Works and Property Vacation Committee Meeting Minutes
Page 3
development items relation to Memorial Home Healthare and the Holladay Corporation.
He stated that the City is working with the developer and that the area is within a TIF
area. The funds would be paid back at a 3% interest rate since Major Moves monies
are involved. Mr. Gilot stated that it meets the economic development road
improvement test.
In response to a question from Dr. Varner, Assistant City Attorney Shawn Peterson
stated that the agreement between the developer and the Board of Public Works and
the Redevelopment Commission had not been signed yet, adding that repayment would
be addressed in a payment schedule.
Mr. Gilot noted that if there is excess TIF that the funds would be repaid more quickly.
Council President Rouse questioned the timing of the project. Mr. Peterson stated. that
November 2"d is the deadline.
The Council Attorney suggested that in light of the new information provided by the City
Administration that lines 5 and 6 of the "Statement of Purpose and Intent" in Bill No. 67-
07 be amended by deleting "have entered into" and replaced with "is negotiating". .
Mr. Peterson stated that the proposed amendment was acceptable to him.
Council Member Dieter made a motion, seconded by Council Member Pfeifer that Bill
No. 67-07 as amended be recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Dr. Varner adjourned
the meeting at 4:04 p.m.
Respec I submitted,
~~
C ncil Member David Varner, Chairperson
Public Works and Property Vacation Committee
Attachments