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Wednesday, March 03, 2010
Ind. Law - Even more on "Surprises" in the 2009 budget continue to be revealed
Updating this Feb. 24th ILB entry about: (1) how language ("a late amendment to the state budget bill, crafted by Rep. Craig Fry, D-Mishawaka") hidden in the 2009 special session budget prohibited additional curb cuts on Capital in Mishawaka and neglected to allow for a curb cut at the busy intersection Douglas Road and Capital Avenue; (2) how the City of Mishawaka went to court to challenge the ban on curb cuts, winning a temporary injunction prohibiting the State from closing off the affected driveways and intersections; and (3) how this session's HB 1125, also authored by Rep. Fry and returned to the House with amendments on Feb. 22, 2010, would make additional refinements to last year's surprise provision, continuing to designate by statute the precise location of curb cuts on Capital Avenue ...
Today Kevin Allen of the South Bend Tribune has this story, headed "Indiana lawmakers agree on Capital intersection":
State lawmakers arrived at a tentative agreement Tuesday to allow an intersection for a new road at Capital Avenue across from Exit 83 of the Indiana Toll Road.The accord could pave the way for development on nearly 300 acres of land west of Capital Avenue and north of the Toll Road.
It could also bring resolution to a lawsuit Memorial Health System and the city of Mishawaka filed against the state over a law approved last year to prevent the new intersection where Memorial owns 23 acres.
Rep. Craig Fry, D-Mishawaka, sponsored legislation last year in the General Assembly to limit the number of Capital Avenue intersections to nine specific roads.
He followed that with another bill this year, House Bill 1125, to add Douglas and Ireland roads to the list of acceptable intersections.
Fry opposed an intersection across from the Toll Road exit because he said he didn't want Capital Avenue to become another traffic-clogged retail corridor like Grape Road or Main Street in Mishawaka.
The Senate amended H.B. 1125 to allow an intersection across from the Toll Road exit, and Fry said as recently as last week that he would fight the amendment.
However, he said Tuesday in a House-Senate conference committee that he changed his mind because the land near the intersection will need to be annexed by Mishawaka if it's developed.
The city requires anyone within 300 feet of its sewer and water lines to be annexed before tying into the system.
Fry said those who planned Capital Avenue never intended for an intersection to be built across from the Toll Road interchange, but he is comfortable knowing the Mishawaka City Council and Mayor Jeff Rea will make sure the area is developed responsibly.
"I am confident that the City Council and the mayor will find the best use for that land and not duplicate the retail already on Grape and Main," Fry said.
Another new element of H.B. 1125 is a provision that the new road will be named Joseph D. Zappia Boulevard in honor of the former St. Joseph County commissioner who played a key role in planning Capital Avenue.
"I don't think Capital Avenue would have happened without Joe Zappia," Fry said.
The planned road had previously been referred to as Evergreen Road.
Fry and the other three members of the conference committee — Rep. Jackie Walorski, R-Jimtown, and Sens. John Broden, D-South Bend, and Joe Zakas, R-Granger — need to sign the committee's report to amend H.B. 1125 before the full House and Senate can vote on the final version of the bill.
If both chambers approve the bill, it will be eligible for the governor's signature.
Rea said H.B. 1125 could solve the issue that led Mishawaka to sue the state, but he wouldn't make any promises before the General Assembly passes a final version of the bill.
"We didn't want to be in a lawsuit in the first place," Rea said. "We were not pleased with what they did last year. We were put in a place where we had no choice but to pursue legal action."
Walorski said the General Assembly set a bad precedent last year by "meddling" with how many intersections should be allowed on local roads.
"I understand the intention, because of what's happened with Mishawaka's growth, and I appreciate the efforts to correct it," she said. "But there's a lawsuit pending — there's tax money that's being paid for this."
Posted by Marcia Oddi on March 3, 2010 08:37 AM
Posted to Indiana Law