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HomeMy WebLinkAbout03-26-01 Public Works & Property Vacation ammxttu mart. bftc Waltz ant( irkopirrtp Varation (ommitfr The March 26, 2001 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 3:50 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: Aranowski, Pfeifer, King, Kelly, White, Varner, Ujdak, Coleman and Kirsits; Community and Economic Development Director Jon Hunt, City Engineer Carl Littrell, Citizen member Khadijah Muhammad, Public Works Director Gary Gilot, Anne Bruneel, John Hosinski, Bernie Feeney, Richard Hebard, Sheila Bergeron, Dr. Fred Stump of the South Bend Community School Corporation, Chuck Lennon, Dave Shadinger,Joyce Harrington, Diane Wright, Dennis Whitacker, John Phair, James Harris, Kimberly Minter, Ken Fedder, Terry Bland of the &MO n tribunt, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Varner then noted that the first item on the agenda was to continue discussion on Bill No. 6-01 which is a request to vacate a portion of Greenlawn Avenue. Dr. Fred M. Stump, Deputy Superintendent of Administration for the South Bend Community School Corporation made the presentation. Dr. Stump stated that the vacation is necessary to accommodate the Adams High School renovation and expansion project. The final proposal includes a shared use agreement for the softball diamond and the meadow area. There was a drawing prepared on June 16, 2000, which called for a multi-use athletic facility which would not require the closing of Greenlawn, however this plan was abandoned. In the final proposal the School Corporation will provide a running track and tennis courts for both school and public use. It was noted that Greenlawn is not currently used by emergency vehicles. He then presented a summary of comments made at the community meeting held on March 1, 2001 (copy attached), as well a copy of the Park Board Memorandum approved at their meeting of March 21, 2001 (copy attached). Mr. Hebard, the architect for the project, then reviewed the proposed final site plan. He noted that the replacement of trees in the Meadow will be on a 2 to 1 ratio. The fence will be five feet(5') in height in order to discourage people from lifting their bicycles over the fence onto the walking path. Council Member Coleman inquired about a round-a-bout. The School Corporation representatives stated that they have not had any further discussion with the city on that issue. Council Member Coleman also suggested that the basketball court be relocated from the northern portion of the site plan in light of consideration for the residential neighborhood immediately to the north. He stated that often a basketball court is considered a "mixed blessing for nearby home owners". Council Member Coleman inquired about traffic from Twykenham onto Ironwood. Carl Littrell, City Engineer, then reviewed a handout (copy attached) which addresses traffic counts.He stated that a left turn prohibition from Wall onto Ironwood may be proposed for peak hours. Council Member White voiced concern about traffic exiting Wall onto Ironwood. She noted that in light of the current design of that intersection that there is a visibility problem currently which should be addressed. Council Member White inquired whethcr a signal at that location would be a better alternative. Public Works and Property Vacation Committee March 26, 2001 Page 2 Mr. Littrell stated that he did not believe that the warrants were currently there for a traffic light. Council Member White inquired whether the Department of Public Works had experimented on a 2-3 day basis of closing Greenlawn to see what the actual impact may be. Mr. Littrell stated that they had not. Council President Pfeifer inquired about the fence around the baseball outfield and dugout areas. Dr. Varner asked the Council Attorney to review any additional issues from the February 7th Committee Meeting. The Council Attorney noted that the issue of security personnel was to be addressed in the Park Memorandum as well as requiring increased lighting and the posting of all Adams public would know the dates and times s Hi h School athletic usage a schedules so th at the p g g when the shared areas would be pre-empted. Dr. Stump stated that since there are no posting in other shared usage areas, that the Park Department and the School Corporation did not address that topic in the Memorandum. Dr. Varner stated that he believes that it is absolutely necessary to have schedules posted. He also voiced concern with regard to the problems in this area when the railroad crossing blocks Ironwood far beyond the legal maximum of ten (10) minutes. Dr. Varner stated that he is concerned that it appears that the City does not have a plan in place to address this issue. Council Member Kelly noted that traffic often drives to the Twykenham viaduct in order to avoid the blocked Ironwood in light of a train delay. Dr. Varner asked the School Corporation officials whether they could pledge today that no additional park land would be needed in the future for the School Corporation. Sheila Bergeron, a member of the Board of School Trustees, stated that no additional park property would be needed by the South Bend Community School Corporation. Mr. Hebard than showed the plans for School Field. Dr. Varner then opened the Committee meeting up for public comment, beginning with those wishing to speak in favor. Chuck Lennon sees the shared park facilities as a"win/win" as well as the 2 to 1 tree replacement proposal. He suggested that a"covered park bench area"also be developed as a joint program. Dave Shadinger noted that the Adams High School girls track team is ranked#2 in the state, and that the proposed track field is an excellent idea. He also noted that six(6) tennis courts are needed for school tennis meets. John Phair complimented Dr. Varner for his leadership in making sure that all entities had their documentation in order before acting upon the vacation request. As a result, he sees everyone as a winner. Those speaking opposed began with Diane Wright who questioned the traffic counts. She also voiced concern about the overall Adams project in light tithe current discussions on re-districting. She noted that she would be presenting a petition this evening with over 100 signatures against the tii %%arks and Property Vacation Committee R larch 26, 2001 Page 3 proposed vacation. Dennis Whitacker noted that he is with the Riverpark Neighborhood Association and spoke against the vacation,citing traffic concerns. presented Margarete Myers Feinstein in received from Mar resented an email g Council Member White opposition to the proposed vacation (copy attached). Council Member King noted that the Council's role is not to second guess the decision of the Park Board. He noted that at the last Council meeting, the Council implemented a staged procedure for the effective date of the vacation for Crowe Chizek. He then asked the Council Attorney to review the process. The Council Attorney noted that the amendment would include language stating that the ordinance is passed subject to the effective ctive da to being established u pon a resolution being filed by the Administration based on the construction status of the project. She noted that in this way the disruption to the public would be minimized as much as possible. 1 Council Member Kelly stated that the process has been long and interesting. A compromise was needed and is now the best for all parties concerned. The expansion of Adams High School is needed and necessary and now a workable solution is before us. Council Member King then made a motion, seconded by Council Member Aranowski that Bill No. 6-01 as to be amended as recommended by the Council Attorney. The motion passed. Council Member Coleman inquired about the time table. The school corporation noted that Greenlawn is anticipated to be closed off by mid-June. The bid process would begin shortly and 1 the construction would be staggered. Anne Bruneel inquired about possible conflicts with the lease/financing and the amendatory language. Council Member King stated that bond counsel at the last meeting at no problem with the mechanism. Council Member Coleman noted that the actual transfer of park land will not be acted upon for 1 another 4-6 weeks. Dr. Varner noted that having lived through the Riley High School project,that the public is entitled to know the number of high schools which the corporation plans to support. The school corporation representatives stated that the corporation is deeded to five(5) high schools. Following discussion, Council Member King made a motion, seconded by Council Member Aranowski that Bill No. 6-01 as to be amended be recommended favorably to Council. The motion passed. Council President Pfeifer noted for the public that the only Council Members entitled to vote on the motion are those which serve on the Committee. The Council Attorney noted that the committee vote is persuasive but not binding on the entire Council. Dr. Varner noted that the next item on the agenda is to review Bill No. 9-01 which is a request to vacate a ten foot (10') wide alley in the Hartman and Miller's Plat requested by the Eddy Street Public Works and Property Vacation Committee March 26, 2001 Page 4 Land Trust. Bernie Feeney then introduced John Hosinski who would be representing the petitioner. Mr. Hosinski presented a proposed unofficial site plan (copy attached). He stated that the land would be developed so that a Walgreens could be constructed. He noted that a non-exclusive easement was approved by the Board of Public Works today . He further noted that Mr. Harris had two (2) primary concerns addressing delivery trucks and trash trucks--noting that both services were needed for his business. Mr. Hosinski suggested that upon the granting of the vacation that he would have his client deed back to Mr. Harris so that easement rights for such services could be preserved. He also indicated that his client would pave the alley and enclose the dumpster area. He stated that the development would cost approximately $ 2 million. He further noted that Representative Bauer who voiced concern early in the process has rescinded any objections since Walgreens does not sell alcohol. John Phair voiced concerns about the project since there has been limited communication by the petitioner or his representatives prior to the meeting. Council Member King noted that all documents must be in order before the Council would take any action on this proposed vacation. He cited the agreements which were required of the School Corporation noting that similar documentation from the petitioner would be necessary. Mr. Hosinski stated that the project could be subject to a final site plan and the requirement of producing the agreement from Walgreen's if the Council so desired. Kimberly Minter, a neighborhood representative, spoke against the proposed vacation. She noted that no documentation has been presented by the petitioner. She noted that no feasibility studies have been made and questioned whether a Walgreen's was the best use for the property. Mr. Hosinski stated that the zoning is correct and that an auto lot is one other possible consideration for the property. Mr. Phair noted that his company owns six (6) lots in the area which have one(1) access point. A non-exclusive easement through a commercial lot is unacceptable. James Harris of Harris Liquor Store noted that his family has had its business in the area for over forty (40) years. He stated that he personally opposing the proposed vacation and represents several other residents in the area in opposition. He cited the need for daily usage of the alley in question, that it is necessary for trash pick-up, that residents do not want to put their trash in the front yards which would be required if approved, that emergency vehicles need to use the alley, that the alley is used during Notre Dame football weekends when the streets are restricted, and that there has not been proper communication by the developer on many other concerns. Mr. Hosinski stated that he would agree to continue the ordinance to April 9th. Council Member King advised the petitioner to have all documentation in order. Council Member Coleman recommended that the petitioner meet with concerned residents and business owners in the area. Dr. Varner noted that he wanted to discuss the Administration's position on project labor agreements today, however, in light of the length of this meeting and its delay to the following meetings that this matter would be discussed at the April 9th Committee meeting. Pwl wiz Works and Property Vacation Committee March 26, 2001 Page There being no further business to come before the Committee, Dr. Varner adjourned the meeting at 5:40 Respectfully submitted, Council Member David Varner, Chairperson Public Works and Property Vacation Committee KCF:kmf Attachments • II