08-02-99 Utilities & Public Works and Property Vacation

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Joint Meeting of the Utilities and Public Works and Property Vacation Committees August 2, 1999 Page 2 would be withdrawn at the August 4, 1999 1:30 p.m. BZA meeting. He agreed to send written confirmation to Council Member Sniadecki of this action. The Council Attorney explained to Mrs. Ehninger that the Council Rules only permit three (3) minutes under "Privilege of the Floor" for any matter not formally on the agenda. Mr. and Mrs. Ehninger noted that the City of South Bend requested to make soil borings on his property. When he and his wife went out of town,they returned to find that the City had placed survey stakes on his property. It was at this time that he stated that Mr. Rosenfeld advised him that he had the right to hire attorneys and appraisers. Mr. and Mrs. Ehninger then showed photographs of their property (copies attached). Mr. Rosenfeld noted that at the Water Works Board meeting on Tuesday,that each person would have a maximum of ten (10) minutes to address the Board. Mr. Milligan inquired whether the meeting was a hearing on condemnation of the Ehninger's property. He noted that no one in the township understands the legal notice and that it was not clear whether condemnation would be addressed. Council Member Ujdak noted the frustration of all parties. He stressed that the matter is currently pending before the Water Works Board, and that currently there is nothing formally before the Common Council. Mrs. Ehninger stated that Jon Hunt said that the property would not be taken by eminent domain. She said that the issue is one of location, and that the City of South Bend has other properties rather than hers and her husband's. Mr. Rosenfeld stated that the issue before the Water Works Board on Tuesday focuses on the elevated tank on the Ehninger property. He noted that the FAA has not approved other sites. Mr. Milligan noted that the City of South Bend does not have any documentation requesting an aeronautical study for any other location. Mr. Rosenfeld noted that the northwest part of the county is the location for an elevated water tank addressed in the Master Plan. Mr. Rosenfeld also noted that the Water Works Board would receive comments from the public but would not answer any questions addressed to them at Tuesday's hearing. Council Member Sniadecki noted that if the Common Council becomes involved that it will provide proper notice of the time and place for all concerned. He said that the Council Rules will be clear. However, at the present time, the Council through these joint committees was receiving information. Based on the discussions with the City Attorney, John Broden,the Council would have the ultimate authority. The Water Works Board has agreed to "go beyond their obligations" in this area. Council Member Sniadecki concluded that if the City is to error,it would error on the side of caution. The Council Attorney noted that this procedure appears to be similar to the action taken under the Parent Administration when considering whether to go forward with the then proposed Coveleski Stadium. It would be a process to coordinate actions between all agencies of the City Administration and the Common Council. Mr. Rosenfeld agreed with this analogy.