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.
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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. •
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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
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