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The April 9, 2001 meeting of the Public Works and Property Vacation Committee was called to
order by its Chairperson, Council Member David Varner at 4:40 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,
Citizen member Khadijah Muhammad, Public Works Director Gary Gilot, John Hosinski,
Building Commissioner Don Fozo, Cassandra Moran, Marco Mariam, Rick Milton, Mike
Urbanski, Terry Bland of the*oath 3)3In% trtbunW, and Kathleen Cekanski-Farrand, Council
Attorney.
Council Member Varner then noted that the first item listed on the agenda was to continue Bill No.
9-01 which is a proposed ordinance to vacate various alleys in the Harman and Miller's Plat
requested by the Eddy Street Land Trust which was continued from the March 26th Committee
meeting by the Petitioner.
The Council Attorney noted that she had discussions with the City Attorney and Council Member
King last Friday following the luncheon meeting with the State Senators and State Representatives.
In light of the fact that the City had not been updated by the petitioner with regard to the items
continued from the last committee meeting on March 26th,and in light of the number of individuals
making inquiries about the proposal, that she left several messages for the petitioner for an update.
When no update was received by mid-Friday afternoon, it was collectively decided that the public
hearing on Bill No. 9-01 would be continued until April 9th. She also added that the records filed
with the City Clerk on this matter still reference Mr. Bernard Feeney as the official representative
for the petitioner, and that Mr. Hosinski is not of record. She also noted that she had discussed
this matter with Mr. Leone noting that the Board of Public Work's initial recommendation was
negative but that then the Board approved a cross-easement which only addressed the city's
concerns and none of the abutting property owners. Mr. Leone was to discuss this matter with the
Board of Public Works further so that written clarification could be provided to the Council.
Mr. Hosinski voiced concern over the representations and requested to go forward on the proposed
vacation request.
Council Member White and Council Member King noted that there were several items which were
to be done by the petitioner before today's meeting. Those items included:
1. Meeting with the residents and business owners affected by the proposed vacations
2. Addressing the issues raised by B. Patrick Bauer
3. Addressing the issues raised by Mr. James Harris
4. Addressing the issues raised by Mr. John Phair
5. Providing documentation to the Council addressing the contingent uses
6. Addressing the issues of ownership of the abutting properties and all contingency
concerns
7. Providing legal documentation verifying the Walgreen representations with regard
to the proposed development
8. Addressing the design concerns with regard to the interim developer and the ultimate
developer
Public Works and Property Vacation Committee
April 9, 2001
Page 2
Mr. Gilot stated that currently Mr. Phair has six (6) ways in and six (6) ways out of his property
and with the proposed vacation four(4) of those alternatives would be terminated. He also noted
that there is a concern with regard to trash pick-up for Mr. Harris. He requested to see the site plan
and the architectural plans.
Mr. Gilot stated that clarification from the Board of Public Works on the proposal would be sent to
the Council by their April 23rd meeting.
Following discussion, Mr. Hosinski requested that Bill No. 9-01 be continued to the meeting of
April 23rd.
Council Member King then made a motion which was properly seconded that Bill No. 9-01 be
continued until April 23rd. The motion passed.
Council Member Varner then began the discussion on project labor agreements. He noted that on
January 22, 2001 the Board of Public Works approved language on utilizing a project labor
agreement, which is believed to be used by the city for the first time. Dr. Varner stated that it is his
understanding that contractors who are not members of the St. Joseph County Building Trades are
effectively prohibited from bidding on the project.
Mr. Gilot apologized to the Council, noting that the Mayor had made a similar apology earlier to
each of the Council Members in not informing the Council about the project labor agreement being
utilized for the Public Works Public Service Center project. Mr. Gilot stated that PLA's are
important tools when time lines are tight and that they minimize labor disputes. He noted that
prevailing wages are always paid and that non-union contractors could bid so long as they agree to
all of the terms of the PLA for that specific project. The Union Hall will focus on all compliance
issues.
Council Member White inquired whether the city had any prior experience in using project labor
agreements and was advised that they did not by Mr. Gilot.
Council Member Aranowski noted that he believes that they have been used in the City of
Indianapolis.
Dr. Varner noted that he brought this topic up so that there would be open discussion on whether
there were other ways to do business and whether PLA's are in the best interests of the
community. He noted that the more people that bid usually results in the best bid, since prevailing
wages have to be paid regardless of whether a PLA is used or not.
Mr. Gilot stated that liquidated damages are used to enforce timeliness also. Mr. Gilot noted that
the project labor agreement being used is considered a"pilot program" and will be evaluated. He
also added that the bids have not been opened yet.
Dr. Varner noted that it is his understanding that the problems which took place at the North
Pumping Station were very complex and it was difficult for contractors to comply. Dr. Varner
stress the need to get the best bet. He added that he has asked the Council Attorney to provided
background information on project labor agreements and that her memorandum will be available as
soon as the copier in the Clerk's Office is up and running.
Public Works and Property Vacation Committee
April 9, 2001
Page 3
There being no further business to come before the Committee, Dr. Varner adjourned the meeting
at 4:10 p.m.
Respectfully submitted,
Council Member David Varner, Chairperson
Public Works and Property Vacation Committee
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