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HomeMy WebLinkAbout10-12-98 Public Works & Property Vacationr tomsfttet port: Public Works and Property Vacation Committee "Co the common. E ountfi of tit efty of Ooutb Vent,: The October 12, 1998 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 4:53 p.m. in the Council informal meeting room. Persons in attendance included Council Members: Aranowski,Kelly, Varner, Coleman, Pfeifer, and Broden; Carl Littrell, Ann Bockenkamp, Steve Benczik, Shannon Cullinan,Michael E. Urbanski, Robert Hunt, Ann Kolata, Mr. Leinen, Mr. and Mrs. Thoma,and Kathleen Cekanski-Farrand. Council Member Varner noted that Bill No. 69-98 which addresses an alley vacation near West Sample has been asked to be continued by the Petitioner until the Council meeting of October 26th. The Committee then reviewed Bill No.76-98 which would vacate the first north/south alley east of Fellows Street. Dr. Varner noted that the proposed vacation received a favorable recommendation from the Board of Public Works(report attached). Mr. and Mrs. Thoma, the petitioners, then made their presentation. They noted that this area is located near the new Riley High School. They would like to close the alley and make it into a green area. Following discussion, Councilmember Aranowski made a motion, seconded by Councilmember Varner that Bill No. 76-98 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 77-98 which would vacate six (6) alleys and three (3) streets in the Homeland 3rd Addition and Richland 2nd Addition. Dr. Varner noted that the proposed vacations received a favorable recommendation from the Board of Public Works. Mr. Michael Urbanski, of Garden Homes, Inc., made the presentation. He noted that the area in question is by the Ethanol Plant. They would build in-fill houses. With the vacation,the subdivision could be replatted and would create more available lots and larger buildable lots for development. Carl Littrell of the Engineering Department stated that a problem has just arisen that if the area is vacated as requested,that the City would be hindered from obtaining easements with regard to building proposed retention basins needed for the Calvert Street Storm Sewer Project. The Council Attorney asked Mr. Urbanski if he would be willing to request a continuance to permit a meeting to discuss in further detail the concerns raised by Mr. Littrell. Mr. Urbanski noted that the ordinance had already been delayed,however he reluctantly agreed to request the continuance subject to a meeting being scheduled. The Council Attorney requested that Mr. Littrell prepare a Memorandum detailing the problems and possible Public Works and Property Vacation Committee October 12, 1998 Page 2 solutions already discussed so that this background information would be available prior to the meeting to discuss these concerns. Councilmember Broden made a motion, seconded by Councilmember Aranowski that Bill No. 77-98 be continued subject to a memorandum from Mr. Littrell and a meeting being held prior to the Public Works and Property Vacation meeting on October 26, 1998. The motion passed. The Committee then reviewed Bill No. 82-98 which would vacate the 1st east/west alley south of East Bissell Street. Ann Bockenkamp made the presentation. She provided an aerial view of the area in question (copy attached). She noted that the vacation was necessary in order to: 1. increase the lot size of one lot to allow room for construction of a new single family home; 2. to increase the lot size of two other lots to allow more back yard area; and 3. to allow a greater setback between the back of the home and the back property line. Following discussion, Councilmember Broden made a motion, seconded by Councilmember Aranowski, that Bill No. 82-98 be recommended favorably to Council. The motion passed. Dr. Varner noted that Lillian Buti, President of the Walnut Grove Mutual Housing Corporation has requested that Bill No. 79-98 be continued until the October 26th Council meeting(letter attached). The Committee then reviewed Bill No. 85-98 which would vacate an ingress-egress easement and a street within Forest View Trail. Dr. Varner noted that the Bill received a favorably recommendation from the Board of Public Works (report attached). Mr. Stephen J. Benczik, an engineer with the Troyer Group, made the presentation. He noted that the ingress-egress easement is needed to be released so that Ridge Trail could be aligned with Farmington Lane; and that Forest View Trail is to be vacated at the request of the developer and abutting landowners. He provided a legal opinion from the Area Plan Commission attorney(copy attached)and other supplemental material(copy attached). Following discussion, Councilmember Aranowski made a motion, seconded by Councilmember Broden that Bill No.85-98 be recommended favorably to Council. The motion passed. The next item on the agenda was to discuss Ordinance No. 8842-97 involving the Tutt Street Vacation. Dr. Varner noted that he recalls that one of the items of concern when this was before the Council was how the proposed vacation would adversely impact parking. He had been contact by Mr. Leinen who had also contact Council President Coleman. Mr. Leinen provided copies of a February 27, 1998 letter from him to the Center for the Homeless,a March 5, 1998 letter from the Homeless Shelter to him,an April 6, 1998 letter from Eugenia S. Schwartz, Attorney for the Center for the Homeless, Inc. to Mr. Leinen,a September 23, 1998 letter from Mr. Leinen to Mrs. Schwartz, a September 25, 1998 letter from Mrs. Schwartz to Mr. Leinen, and an October 6, 1998 letter to Mr. Leinen from Mrs. Public Works and Property Vacation Committee October 12, 1998 Page 3 Schwartz along with a copy of the Easement which had been recorded on September 16, 1998 (copies attached). Mr. Leinen stated that he never heard the easement referred to as a limited easement. Dr. Varner noted that when this was placed on the Committee agenda that he advised Mr. Leinen that it would not be resolved this evening. Eugenia Schwartz, the attorney for the Center for the Homeless, Inc., then addressed the Committee. She also introduced Mr. Shannon Cullinan, the Director of Business Development for the Center for the Homeless, Inc. She noted that Tutt Street is still open today. She stated that Mr. Leinen has fenced off the area without a gate; whereas Schaffer Gear has a gate on their fence and therefore have no problems. If a gate was in place they also could have access. She noted that a for lease or for sale sign is posted on Mr. Leinen's property. She noted that the concern raised by Mr. Leinen was access by his customers and parking for his staff when the proposed vacation was discussed. She noted that a draft of the easement was sent to the Council via their attorney and that the Center for the Homeless deliberately limited the easement since an additional ten feet (10') would be gifted to Mr. Leinen if it was not restricted. She concluded that the limitation of hours is similar to the limitations in place with Schaeffer Gear,Inc. The Council Attorney noted that she check Ord. No. 8842-97 and the hearings held on the Bill on October 27, and November 24, 1997. She noted that the proposed easement was consistent with the concerns raised and the motion made be Councilmember Hosinski and seconded by Councilmember Kelly at the November 24th Council meeting. She offered to provide copies of the ordinance and the Council minutes to Mr. Leinen and Mrs. Schwartz (copies attached). Mrs. Schwartz noted that the Center for the Homeless, Inc. Board of Directors reviewed this matter very carefully before authorizing their President to sign the easement. In light of the lateness of the hour, further discussion was discontinued so that the Council could review the documents in question. There being no further business to come before the Committee,the meeting was adjourned at 5:35 p.m. Respectfully submitted, Council Member David Varner Chairperson,Public Works and Property Vacation Committee Attachments