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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