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HomeMy WebLinkAbout08-09-04 Public Works & Proeprty Vacation Committee Report Public Works and Property Vacation Committee The August 9,2004 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson,Dr. David Varner at 4:31 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer,White, Kelly,Puzzello, Varner,Kuspa, Coleman and Kirsits; City Clerk John Voorde, Community and Economic Development Executive Director Sharon Kendall,Building Commissioner Don Fozo,Terry O'Brien of the Division of Economic Development,Marco Mariani of the Division of Community Development,Richard J. Deahl,Gregory A. Kil,Howard Park Maintenance Superintendent Mike Dyszkiewicz,Rita Kopola,Charles Hayes,Andy Laurent and Kathleen Cekanski-Farrand,Council Attorney. Dr. Varner noted that the Committee consists of Council Members Kirsits,Pfeifer, Coleman and himself. Dr. Varner called for a presentation on Bill No. 43-04 which is a vacation request for a portion of the first north/south alley east of Niles Avenue and a portion of the first north/south alley east of Niles Avenue from the north right of way line of Madison Street to the south right of way of Cedar Street. Dr. Varner noted that the Board of Public Works reviewed this request along with the Division of Engineering,Area Plan Commission, Community&Economic Development,the Fire Department, Solid Waste,the Police Department and the City Attorney's Office and send the request with a favorable recommendation(copy attached). Richard J. Deahl the attorney representing Madison Center,Inc. made the presentation. He noted that the vacation of the portions of the two(2)alleys is necessary in order for Madison Center,Inc. to develop and construct new buildings on their campus. Mental health and behavioral services will be provided in the building and parking will be provided for their employees and patients who will use the buildings. No one from the public spoke in favor of the proposed vacation. Charles Hayes spoke against the proposed vacation noting that he needs to service the telecommunication tower to the north of the area to be vacated. He provided two(2)maps of the area in question and indicated in red his property(copy attached). The Council Attorney stated that the portions of the two(2)alleys proposed to be vacated would not affect Mr. Hayes' properties(#0807.01 and#0808)which he indicated he accesses north of the area in question. Council Member Puzzello stated that the alley which Mr. Hayes uses is a non-alley. Mr. Deahl stated that Mr. Hayes properties are located four(4)properties away from the proposed alleys to be vacated and stated that his issue is unrelated to the proposed vacations before the Council. Public Works and Property Vacation Committee Meeting,of August 9.2004 e Page 1 Committee Report Public Works and Property Vacation Committee Following discussion, Council Member Pfeifer made a motion, seconded by Council Member Kirsits that Bill No. 43-04 be recommended favorably to Council. The motion passed. Dr. Varner then called for a presentation on Bill No. 44-04 which is a request to vacate High Street from the east right-of-way to the end of the street and cul-de-sac which is a part of High Industrial Park Subdivision. Dr. Varner noted that the Board of Public Works sent the Bill to the Council with a favorable recommendation. Gregory A. Kil of Kil Architecture Planning with offices at 1126 Lincolnway East in South Bend made the presentation. He noted that the South Bend Parks and Recreation is requesting the vacation in order to provide a more developable site for its new maintenance facility. He noted that he and Howard Park Maintenance Superintendent Mike Dyszkiewicz would be available for questions. Council Member Kirsits made a motion, seconded by Council Member Kuspa that Bill No. 44-04 be recommended favorably to Council. The motion passed. Under miscellaneous business,Building Commissioner Don Fozo stated that last year during the budget hearings he noted that fee increases may be necessary. He noted that he will be filing a bill to increase fees,noting that construction is down this year. Minimum charges for mechanical will be $20, an increase of$5.00; and additional increases will be requested such as raising the annual registration fee form $75 to $100. He has met with the St. Joe Valley Trades who are on board with the recommendations. Council Member Kirsits inquired on the fees would compare to those in Elkhart and LaPorte counties. Mr. Fozo stated he did not know how they compare to those counties but knows that they will be below those charged in Michigan. Mr. Fozo noted that all mechanical and electrical are licensed and that all building trades are required to be registered. Dr. Varner noted that such regulations create liability but also responsibility. Mr. Fozo stated that water heaters are the most dangerous items in the home and that his department does a visual inspection only. Currently his department is running at a deficit. Mr. Fozo also noted that he is the Co-Chairperson of United Way and encouraged contributions to be made by the end of this month. Under miscellaneous business,Council Member Pfeifer noted that she asked Andy Laurent of the Division of Economic Development and Marco Mariani of the Division of Community Development to provide an update on LaSalle Park/Beck's Lake. They provided five (5)copies of a multiple page handout entitled"Electronic Mail Message from Dan Chesterton,IDEM,August 5,2004 to Council Member Pfeifer(copy attached). They noted that in June of 2003 IDEM conducted various soil samples which looked for concentrations of lead, Public Works and Property Vacation Committee Meeting of August 9,2004 Page 2 Committee Report Public Works and Property Vacation Committee mercury and PCB's. The ratings scale is 1 to 5 with 1 being no threat and 5 being do not eat. They indicated that some of the soil tested as a"2"which indicates that you should only have one meal per week of fish from that source. They noted that the St. Joseph River tests as a"3". The report concluded that"nothing is reportable"and that there was no lead in the playground area. Council Member Pfeifer inquired about the testing of the hill. She also noted that there are many stories of industrial dumping and high pollution in Beck Lake. She stated that the lack of a report caused problems and that the report needs to be made public. They indicated that only the surface was tested. Arsenic was found in some of the park and out lots with the source being the burning of coal formerly in the area. None are found to be at an"action level"based on public health criteria. They also indicated that methane is only a problem which placing a building over an area. Mr. Laurent noted that IDEM would not be coming back,however another round of applications will take place later this year. The final report from IDEM may be finished in the next two (2)months and a public meeting could be held at that time. Council Member Pfeifer invited Mr. Laurent and Mr. Mariani to the LaSalle community meeting which meets on the 3rd Tuesday of the month. She suggested that they do whatever tests have to be done. There being no further business to come before the Committee,Dr. Varner adjourned the Committee meeting at 5:15 pm Respectfully submitted, Dr. David Varner, Chairperson Public Works and Property Vacation Committee KCF:kmf Attachments Public Works and Property Vacation Committee Meeting of August 9.2004 Page 3