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HomeMy WebLinkAbout11-13-00 Public Works & Property Vacation (totnmtitt .port: igntbiir anti tropertv 1-I ration tonintittrir The November 13, 2000 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 3:42 p.m. in the Council Informal Meeting room. Persons in attendance included Council Members Aranowski,Kelly, King, Ujdak, Pfeifer, Varner, Coleman, White and Kirsits; Director of Public Works Gary Gilot, U. S. Marshall Michael Carrington, Assistant Regional Counsel for the GSA Joseph Malkin, Citizen Member Isabelle Gonzalez, Maria Broker, Donald Kelly, Bernie Feeney, Dean Bergan, Donald Kelly, Chris Carlan, Dean Bergan, Charles Leone, Jon Hunt, Terry Bland of the UtO 'Crib=and Kathleen Cekanski-Farrand, Council Attorney. Council Member Varner noted that the petitioner for Bill No. 91-00 which is a vaction request has requested in a letter dated November 8, 2000(copy attached) that the Bill be continued until the December 1 lth meeting. Dr. Varner then called for a presentation on Bill No. 98-00 which is a request to vacate a portion of Ironwood Drive. Dr. Varner noted that the request received a favorable recommendation from the Board of Public Works. Mr. Donald Kelly made the presentation. He noted that the vacation is desired so that he may join his properties which are now separated. Following discussion, Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 98-00 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 99-00 which is a request to vacate several alleys in Harman and Miller's Plat. Dr. Varner noted that the Board of Public Works sends this to the Council with an unfavorable recommendation. Mr. Bernie Feeney made the presentation on behalf of the Eddy Street Land Trust. He noted that he would like to vacate the affected alleys so that the properties could be consolidated for the development of a building for retail drug sales. Council Member King noted that he would be opposing the proposed vacation for several reasons. He then presented the following documents (copies attached) to be included into the Committee's official record: 1. A letter from Harris Liquors dated November 8,2000 in opposition to the Bill; 2. A letter from B. Patrick and Karen A. Bauer dated November 10, 2000 in opposition to the Bill;and 3. A letter from the Holladay Group dated November 13,2000 in opposition to the Bill. Mr. Chris Carlan from the University of Notre Dame spoke in opposition to Bill No. 99- 00. He noted that the Division of Solid Waste of the City of South Bend is also in opposition. He noted that the University of Notre Dame has been working closely with the northeast Public Works and Property Vacation Committee November 13,2000 Page 2 neighborhood, the Eddy Street Corridor Renovation Project,and developer John Phair. He noted that to vacate the affected allies would be contrary to the rest of the plan under consideration for the area. Dean Bergan from MPA noting that his firm has also been working with the northeast neighborhood neighbors for over a year and also with Council Member King. He stated that they are working in a logical and planned manner so that good overall policies would be developed. He also noted of their continuing contact with INDOT with regard to the future widening of SR 23. The Council Attorney reminded the Committee of the thirty (30) day deadline imposed by state law, and further noted that the Petitioner could request a continuance on the Bill, otherwise the Council would have to take formal action on the Bill. Following discussion, Bernie Feeney, on behalf of the Petitioner requested that Bill No. 99-00 be continued indefinitely. The Committee then reviewed Bill No. 100-00 which is a request to vacate the first east/west alley north of Wayne for a distance of 198 feet. Dr. Varner noted that the request received a favorable recommendation from the Board of Public Works subject to various conditions which are set forth in their letter of November 13, 2000(copy attached). US Marshall Michael Carrington made the presentation on Bill No. 100-00. He noted that the primary purpose of the proposed vacation is to maximize the security of the Robert A. Grant Federal Building and the United States Courthouse. He noted that the buildings house the federal court operations, two (2) federal judges and one (1) federal magistrate as well as a five to six person security force which x-ray everything which come into the building. Mr. Carrington noted that since the bombing in Oklahoma City that the federal government requires a 100 foot setback around all federal buildings which is impossible. He also cited the bombing of the state courthouse building in Lafayette, Indiana which was caused by a pick up truck driving into the building with explosives which caused over a half million dollars in damage. U.S. Marshall Carrington noted that the alleys in question would be gated, would have security cameras and would have an intercom system for those wishing to use the alley for ingress and egress. The government is concerned about a defensible space however stressed that they would work with the parties. Joseph Malkin,Assistant Regional Counsel for the General Services Administration(GSA) then spoke in favor of the Bill. Mr. Charles Leone, the attorney for Dainty Maid, noted that his client receives deliveries via the alley in question. Large trucks come 3-4 times per day and small trucks come 6-10 times. He voiced concern that a mechanism to address this must be addressed. Jon Hunt, Executive Director of the Community Development Department noted that AMPCO runs the parking garage adjacent to the alley in question. He noted concerns with regard to fire protection and deliveries. Council Member King voiced concern that the homework on this measure appears not to have been done citing poor preparation to address all of the concerns now raised at this Committee Public Works and Property Vacation Committee November 13, 2000 Page 3 meeting. He suggested that all of the parties should have spoken to each other to address each of these areas and then suggested that perhaps this measure should be continued until the November 27th meeting. Council Member Kirsits stated that security is a priority noting that you can barely get a fire truck thru that area currently. Council Member Coleman suggested that the principals involved discuss this matter so that appropriate language could then be prepared by the Council Attorney for an amendment to the Bill requiring agreements to be in place within thirty(30) days. The Council Attorney stated that she would need each land owner to clearly identify his or her lot number or key number so that she could prepare the amendatory language for this evening. All parties agreed to do so. Council President Pfeifer noted that Robertson's apartments should also be considered when discussing Bill No. 100-00. Following discussion, Council Member King made a motion, seconded by Council Member Kirstis that Bill No. 100-00 as to be amended by the Council Attorney to address appropriate agreements be recommended favorably to Council. The motion passed. Mr. Farran Young then made a presentation on Bill No. 101-00 which is a request to vacate the first north/south alley west of Brookfield Street. He noted that he would like to stop traffic from going through the alley and make this a private drive. Dr. Varner stated that Bill No. 101-00 received a favorable recommendation from the Board of Public Works at its meeting held earlier today(copy attached). Following discussion, Council Member Aranowski made a motion, seconded by Council Member King that Bill No. 101-00 be recommended favorably to Council. The motion passed. Dr. Varner then called for a presentation on Bill No. 102-00 which is a request to vacate a portion of Eclipse Place. There was no one present to present the Bill. Dr. Varner noted that the Bill received an unfavorable recommendation from the Board of Public Works. Maria Broker noted that she opposed the measure. In light of no presenter being present the Bill would be continued until November 27th. There being no further business to come before the Committee, Dr. Varner adjourned the meeting at 4:35 p.m. Respectfully submitted, Council Member David Varner, Chairperson Public Works and Property Vacation Committee KCF:kmf Attachments