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HomeMy WebLinkAbout07-10-95 Public Works & Property Vacation atommftt*t Ztport: Public Works and Property Vacation Committee 1 o he Common toin ufl of the City of i6outb �n : The July 10, 1995 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member Ann Puzzello at 3:40 P.M. in the Council informal meeting room. Persons in attendance included Council Members: Puzzello, Luecke, Kelly, Slavinskas, Zakrzewski, Washington, Coleman, Duda, and Ladewski; Gene Oakley, Eugena Schwartz, Dave Rumbah, Bill Eagan, Doug Carpenter, Marilynn Clark, Mike Edwards, Don Fozo, Jenny Pitts-Manier, Ann Kolata, Michael Keener, other concerned citizens,and Kathleen Cekanski-Farrand. Council Member Puzzello noted that the first item on the written agenda was Substitute Bill No. 20-95 which is a request to vacate certain property in the City of South Bend.Eugena Schwartz the attorney for the petitioner made the presentation. She noted that this is a Substitute Bill which received a favorable recommendation from the Board of Public Works. She noted that the petitioner Keener Printing has grown from 20 employees to 33 employees and both a local and national customer base. The over all purpose for the vacation is to enable Keener Printer Inc. to expand its facilities at its West Indiana Ave. She noted that it would continue this company's investment in the Urban Enterprise Zone and the Sample-Ewing Development Area. Mr. Michael Keener the President of Keener Printing Inc. welcomed the opportunity to continue to expand his business in South Bend. In response to a question raised by the Council Attorney,Attorney Schwartz noted that the area in question is smaller than the one originally proposed. It was further noted that all City Departments have recommended favorably to the vacation request. Council Member Zakrzewski stated that Keener Printing has been an excellent and great neighbor and appreciates the continuing investment in the neighborhood and our community. Following discussion, Council Member Kelly made a motion, seconded by Council Member Zakrzewski that Substitute Bill No. 20-95 be recommended favorably to Council. The motion passed. Council Member Puzzello then noted that under miscellaneous business she would entertain receiving information regarding the real property located at 2715 South Main Street. She noted that this item is not officially on the Committee's agenda and that she entertaining it as the Chairperson of the Committee as miscellaneous only. She further advised that she would allocate up to approximately five minutes on the topic. She further noted that she heard on the radio that concerned citizens would be bringing a petition with regard to this property however there was no formalized hearing on this issue and that it would only be heard as a miscellaneous item. Marilynn Clark of 2108 South Main stated that she has lived in the area for 59 years and has an 83 year old mother also living in the area. She noted that the individuals in the affected block are old, that it is an old neighborhood, and that most are to old and to sick to protest and that is why they are there. The president gf Forest Sign Display also voiced opposition to the move of the reported adult book store to the area. r Committee Report Public Works and Property Vacation July 10, 1995 Page 2 The Council Attorney noted that both the City Administration and the City Council were concerned about this topic however neither wanted to create false expatiations that additional authority other than that which has already been used was present. She then requested Jenny Pitts-Manier of the City Legal Department to give a brief review of the issue.Mrs.Manier noted that Redevelopment Department acquired the former location and that the business has determined to move to the property formally housed by Don's Body Shop. The Building Department did an inspection and found that originally such a use could not be used in light of two controlled uses being found under the Zoning Ordinance. The businesses entered into a private transaction and that there was no longer a second controlled use in the area. Council Member Kelly stated that at this stage he believes that very little could be done in light of the law involved however economics would be the best alternative to protest such a business. Council Member Coleman questioned what stage under the"Contract to Purchase" the perspective owners were at with no one in the room knowing the answer to that question however a appeal to the current property owners may be o possibility. Doug Carpenter a Citizen Member to the Zoning and Annexation Committee agreed with the comments made by Council Member Coleman. Mr. Mike Edwards of 822 East Irvington then presented a petition with approximately 1200 signatures voicing opposition to the relocation.Again Council Member Puzzello noted that this item was not part of the agenda. In response to a question raised by a concerned woman in the crowd, Ann Kolata noted that no public monies for relocation had been paid as of this date. She further noted that the business would be entitled to moving expenses because they are an ongoing business.Limits would be actual costs plus $10,000.00 for reestablishment or a maximum of$20,000.00 if income tax returns were given for two years. Such monies if paid would come from TIF monies. Council Member Slavinskas stated that no one is in favor of this proposed relocation however he would defer his comments to later this evening under privilege of the floor as previously stated by Council Member Puzzello. He stated that it was similar to finding a needle in the haystack and that apparently the business were able to find the niche under the current law. President Ladewski agreed with the comments made by Council Member Coleman. The Council Attorney noted that in light of the uncertainty of the contract to purchase and the stage in which it is at,that perhaps the best option was for the concerned to present the petition to the current owners of the real property in question as opposed to the Common Council. Council Member Washington also stated that perhaps state legislative representatives should be contacted. • r Committee Report Public Works and Property Vacation July 10 1995 Page v Council Member Coleman again noted that under privilege of the floor the concerned citizens would have a maximum of 30 minutes to talk on this topic since it is not a formal agenda item under the regular Common Council meeting agenda. There being no further business to come before the Committee the meeting was adjourned at 4:05 P.M. Respectfully submitted, Council Member Ann Puzzello Chairperson,Public Works and Property Vacation Committee Attachments