HomeMy WebLinkAbout05-10-04 Public Works & Property Vacation Committee Report from the
Public Works and Property Vacation Committee
The May 10,2004 meeting of the Public Works and Property Vacation Committee was
called to order by its Chairperson,Dr. David Varner at 4:05 p.m. in the Council Informal
Meeting Room.
Persons in attendance included Council Members Dieter,Pfeifer, White, Kelly,Puzzello,
Varner,Kuspa,Coleman and Kirsits;Assistant City Attorney Aladean DeRose,City Clerk John
Voorde, City Controller Rick 011ett,Public Works Director Gary Gilot, City Engineer Carl
Littrell,Bill Schalliol,Michael Hardy,Harry DeShoen, Rita Kopola, Terry Bland of the oSn f11
!rub Tribunr, 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. 29-04 which is a request to vacate
portions of Main Street,Lafayette Boulevard,Auten Street and Hoover(Homer), all of which are
located south of Ireland Road and west of Michigan Street,north of the St. Joseph Valley
Parkway. He noted that the Board of Public Works sent a favorable recommendation subject to
a cross-easement agreement. (report attached).
Michael D. Hardy of Barnes and Thornburg made the presentation. He noted that the
vacation is necessary in order to facilitate the development of a 430,000 square foot retail center.
Over fifty(50)acres will be involved in the development with the bulk of the adjacent properties
being in various stages of purchasing. The development agent has entered into an agreement
with the Redevelopment Commission, and as a result there will be rolling dates for move outs
and vacation closures.
In response to a question from Council Member Puzzello,Mr. Hardy noted that a great
deal of dirt needs to be moved and that will affect the construction start of the project.
The Council.Attorney noted that she did not see any triggering mechanisms in the
proposed ordinance which she believes are necessary in light of the rolling closure dates for the
various vacations. She noted that the Council has worked closely with the Director of Public
Works in the past on such projects as Crowe Chizek, etc.,and recommended that the petitioner
meet with Mr. Gilot to come up with amendatory language.
Dr. Varner then opened the floor for public comments. Mr. Harry DeShoen,the owner of
Maxi's restaurant voiced concern about being land-locked since 85%of the access would be
affected by the proposed vacation.
Dr. Varner noted that the parties must work out ingress/egress matters so that everyone is
satisfied especially when multiple parties are involved. He suggested that Mr. DeShoen meet
with Mr. Hardy and Mr. Gilot to work out all of their concerns and language items and report
back to the Council this evening with a new Bill.
Public Works and Property Vacation Committee Meeting of May 10,2004 Page 1
Committee Report from the
Public Works and Property Vacation Committee
Council Member Kirsits inquired about the fire station located in the area. Mr. Gilot
stated that the average of the two(2)estimates of the value of the fire station resulted in a value
of$123,500.
Dr. Varner noted that he hoped that the city would not be losing money if the ownership
of the land where the fire station is located is changed; and inquired whether tax incremental
financing would be involved.
Council Member Kirsits voiced concern about setting a bad precedent, especially in light
of Memorial Hospital financial commitment for the relocation of Station#2. He noted that he
asked several times to have the Council kept updated on developments involving the Ireland
Road fire station,and that no information has been forthcoming until today. He noted that at the
estimated value of$ 123,500 for the Ireland Road station,that he would ould get a loan for that
amount an
d P ur
chase it
Mr. Gilot stated that the investment in both of the fire stations in question are about equal
and that he would be happy to discuss this topic; with one investment being$1.2 million and the
other being$1.7 million.
Dr. Varner suggested that a separate meeting be called of his committee to receive an
update on the fire stations and related proposed developments.
Dr. Varner recommended that no recommendation be made on Bill No. 29-04 until a
substitute bill addressing the rolling dates of the actual vacations as well as addressing the
concerns of ingress/egress voiced by the Maxi's restaurant owner.
Following discussion, Council Member Kirsits made a motion, seconded by Council
Member Pfeifer that Bill No. 29-04 be recommended without recommendation to Council. The
motion passed.
Mr. Gilot stated that he would meet with DeShoen and Mr. Hardy and would have a
substitute Bill ready by this evenings Council meeting.
Under miscellaneous business,Dr. Varner and Council Member Kirsits stated that at the
May 24th Committee meeting they would like to have the Ireland Road fire station addressed.
There being no further business to come before the Committee,Dr. Varner adjourned the
meeting at 4:25 pm
Respectfully submitted,
Dr. David Varner, Chairperson
Public Works and Property Vacation Committee
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Attachments
Public Works and Property Vacation Committee Meeting of May 10,2004
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