10-22-01 Public Works & Property Vacation

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tommitt* port: giubW Works' an r 1roiertt 1a attott 4ommttt e The October 22,2001 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 3:05 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Coleman, Varner, White, Aranowski, King, and Kelly; Citizen Member Khadijah Muhammad, Mayor Stephen J. Luecke, Dennis Andres, Attorney Charles R. Shedlak, Mahmoud A. Hussein, Diane M. Ernsberger, Assistant City Attorney Ann- Carol Nash, City Engineer Carl Littrell, Terry Bland of the *nth Vint4 Itribitte and Kathy Cekanski Farrand, Council Attorney. Council Member Varner noted that the first item on the agenda was to review Bill No.93-01 which would amend Chapter 6, Article 8, § 6-37 of the South Bend Municipal Code addressing various provisions of the Property Maintenance Code. He noted that it was continued at the October 8th meeting to permit the City Attorney's Office to contact the Board of Public Works. Assistant City Attorney Ann-Carol Nash made the presentation. She noted that the ordinance would specify certain privacy requirements within the existing property maintenance codes with respect to areas used for sleeping purposes. The ordinance would also authorize the Board of Public Works to establish expenses and performance bond amounts pursuant to the Unsafe Building Act. The Board has been contact and agrees to the role which it would have. Carl Littrell noted that the Board of Public Works is willing and able to carry out the responsibilities called for in the proposed ordinance. Following discussion, Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 93-01 be recommended favorably to Council. The motion passed. Dr. Varner then called for a presentation on Bill No. 9401 which is a request to vacate a portion of the first east/west alley south of South Bend Avenue. Dr. Varner noted that the Board of Public Works sent a favorable recommendation ont he proposed vacation as indicated in their October 22nd letter(copy attached). Mr. Charles R. Shedlak, the attorney for Mr. Mahmoud A. Hussein who is the owner of Club 23 introduced his client and made the presentation. Mr Shedlak stated that the vacation is being requested in order to better protect the safety of the patrons of the abutting commercial establishment known as Club 23. The alley currently separates the business from the parking lot used by its patrons and is causing safety concerns. He showed a site plan for the area in question (copy attached). He also noted that a member of the Engineering Division requested that a right-of- way dedication which would be used as a turnaround. This document was filed by the petitioner which was done on October 2nd with the City Clerk's Office(copy attached). City Engineer Carl Littrell stated that the Board did give this request a favorable recommendation, the vacation be to the north/south alley. however they would prefer that th hY P Y Dr. Varner and Council Member King inquired about the curb and landscaping of the tree lawn requirements as well as the barricades requirements. Council Member Aranowski noted that those items were part of a block grant project and Mr. Littrell stated,that they are not always required. ICI