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HomeMy WebLinkAbout10-22-01 Public Works & Property Vacation 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 Public Works and Property Vacation Committee October 22, 2001 Page 2 Mr. Hussein stated that he would barricade the area immediately after they receive permission to vacate the alley. Mr. Shedlak stated that they reduced their vacation request by twenty feet(20') because they were requested to do so by a member of the Division of Engineering. Council Member Coleman inquired whether they would be able to round off the turn and utilize property over which they have control on the property to the east. Mr. Shedlak stated that his client would be willing to do that and would provide the necessary easement. Mr. Littrell stated that this type of"jug handle"would be acceptable. In response to a question from the Council Attorney, Mr. Shedlak stated that he did not receive he of October 22nd and Mr. Littrell stated that y of the Board of Public Works recommendation o p October 2nd. The Council with the City on Octobe een the Right of Way Dedication filed w1 h ty , had never seen y g Attorney suggested that all documents be shared and then properly filed with the City Clerk's Office before the next Council meeting. Mr. Shedlak requested that Bill No. 9401 be continued until the Council meeting of November 12th in order to le rmit him to prepare new legal descriptions for the ordinance and the right of way dedication. li The Committee then reviewed Bill No. 96-01 which is a request to vacate the first north/south alley east of Lafayette Boulevard near Sample and Tutt. Dr. Varner noted that it received a favorable recommendation form the Board of Public Works at its October 18,2001 meeting(copy attached). Diane M. Ernsberger made the presentation. She noted that she is the owner of the Dew Drop Inn and is requested the vacation in order to help control the problem of through traffic in the area caused by the many changes taking place in the area. She noted that it should help protect people walking in the area. The Council Attorney inquired of Mr. Littrell about the Board of Public Work's recommendation since it states it is unfavorable at the beginning of the letter and favorable at the end. Mr. Littrell stated that the unfavorable wording must be a scriveners error since the Board sent a favorable recommendation. Following discussion, Council Member Aranowski made a motion, seconded by Council Member King that Bill No. 96-01 be recommended favorably. The motion passed. There being no further business to come before the Committee, Council Member Varner adjourned the meeting at 3:25 p.m. Respectfully submitted, Council Member David Varner, Chairperson Public Works and Property Vacation Committee • KCF:kmf Attachments