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HomeMy WebLinkAbout08-02-99 Utilities & Public Works and Property Vacation • tommtttuu Zeport Utilities and Public Works and Property Vacation Joint Committee Meeting 12E0 the Common QCountil of the City of South 3Btttb: The August 2, 1999 joint committee meeting of the Utilities Committee and the Public Works and Property Vacation Committee was called to order by Utility Chairperson, and Vice-Chairperson of the Public Works and Property Vacation Committee, Council Member Rod Sniadecki at 4:10 p.m.in the Council informal meeting room. Persons in attendance included Council Members: Aranowski, Ujdak, and Sniadecki; Citizen Member Khadijah Muhammad, Robert Rosenfeld, John Stancati, Ron Milliken, Bob Ehninger, Lois Ehninger, Ed Herman, Kathleen Cekanski-Farrand, and Nancy J. Sulok. Council Member Sniadecki noted that the members of the Utilities Committee included Council Members Ujdak, Aranowski,Hosinski and himself; and the members of the Public Works and Property Vacation Committee included Council Members Varner, Aranowski, Hosinski and himself, with Khadijah Muhammad being the citizen member. Accordingly, both Committees have a quorum. Council Member Sniadecki noted that he called the meeting to have informal discussion and receive an update from the City Administration on the proposed elevated water tank. He noted that the Common Council has an advisory role in this area. The Water Works Board has scheduled a public hearing for August 3, 1999 on this matter. Council Member Sniadecki noted that he has had discussions with City Attorney John Broden. As a result of those discussions, a system has been formulated which will allow the Common Council to have review of the Water Works Board action. The Council will be called upon to confirm or defeat by resolution the action of the Water Works Board. This matter will only come before the Common Council if the Water Works Board takes favorable action at its meeting of August 3rd. Council Member Sniadecki noted that he and Mr. Broden have developed this mechanism to assure that the City would proceed ahead cautiously. Mr. Robert Rosenfeld, Deputy City Attorney and Attorney for the Water Works Board noted that the Board will have a public hearing on August 3, 1999. Mrs. Ehninger noted that they have hired Mr. Don Blackmond, Sr., a local attorney to represent them. She stated that she appreciated the article in the 'outij 1.8tttb• trribltttt written by Nancy J. Sulok, however noted that she and her husband do not have "contempt" toward the City of South Bend, but rather believe that the City has "disregarded" them in this entire process. She noted that the Area Board of Zoning Appeals tabled a matter for a variance in December of 1998. She did not understand why it was before the BZA and has continued to be on each monthly BZA agenda since then. She further noted that she was offended by the Common Council when she was only allowed five(5) minutes before the Council. Mr. Rosenfeld assured Mrs.Ehninger that the matter would be taken off the BZA agenda. He noted that the City could not proceed ahead with the variance request since the City does not own the property. The Council Attorney inquired whether the matter would be tabled or withdrawn. Mr. Stancati, after consulting with Mr.Rosenfeld, stated that the measure Joint Meeting of the Utilities and Public Works and Property Vacation Committees August 2, 1999 Page 2 would be withdrawn at the August 4, 1999 1:30 p.m. BZA meeting. He agreed to send written confirmation to Council Member Sniadecki of this action. The Council Attorney explained to Mrs. Ehninger that the Council Rules only permit three (3) minutes under "Privilege of the Floor" for any matter not formally on the agenda. Mr. and Mrs. Ehninger noted that the City of South Bend requested to make soil borings on his property. When he and his wife went out of town,they returned to find that the City had placed survey stakes on his property. It was at this time that he stated that Mr. Rosenfeld advised him that he had the right to hire attorneys and appraisers. Mr. and Mrs. Ehninger then showed photographs of their property (copies attached). Mr. Rosenfeld noted that at the Water Works Board meeting on Tuesday,that each person would have a maximum of ten (10) minutes to address the Board. Mr. Milligan inquired whether the meeting was a hearing on condemnation of the Ehninger's property. He noted that no one in the township understands the legal notice and that it was not clear whether condemnation would be addressed. Council Member Ujdak noted the frustration of all parties. He stressed that the matter is currently pending before the Water Works Board, and that currently there is nothing formally before the Common Council. Mrs. Ehninger stated that Jon Hunt said that the property would not be taken by eminent domain. She said that the issue is one of location, and that the City of South Bend has other properties rather than hers and her husband's. Mr. Rosenfeld stated that the issue before the Water Works Board on Tuesday focuses on the elevated tank on the Ehninger property. He noted that the FAA has not approved other sites. Mr. Milligan noted that the City of South Bend does not have any documentation requesting an aeronautical study for any other location. Mr. Rosenfeld noted that the northwest part of the county is the location for an elevated water tank addressed in the Master Plan. Mr. Rosenfeld also noted that the Water Works Board would receive comments from the public but would not answer any questions addressed to them at Tuesday's hearing. Council Member Sniadecki noted that if the Common Council becomes involved that it will provide proper notice of the time and place for all concerned. He said that the Council Rules will be clear. However, at the present time, the Council through these joint committees was receiving information. Based on the discussions with the City Attorney, John Broden,the Council would have the ultimate authority. The Water Works Board has agreed to "go beyond their obligations" in this area. Council Member Sniadecki concluded that if the City is to error,it would error on the side of caution. The Council Attorney noted that this procedure appears to be similar to the action taken under the Parent Administration when considering whether to go forward with the then proposed Coveleski Stadium. It would be a process to coordinate actions between all agencies of the City Administration and the Common Council. Mr. Rosenfeld agreed with this analogy. • Joint Meeting of the Utilities and Public Works and Property Vacation Committees August 2, 1999 Page 3 Council Member Sniadecki noted that this is a totally different forum and that the Council has authority to investigate and solve municipal matters. The Council should always be able to receive information of public concern. He thanked all of those present for taking the time to participate in this information discussion. There being no further business to come before the joint committees, Council Member Sniadecki adjourned the meeting at 5:10 p.m. Respectfully submitted, Council Member Rod Sniadecki Chairperson of the Utilities Committee Vice-Chairperson of the Public Works and Property Vacation Committee KCF:kmf Attachments