In an unanimous vote, the council authorized city attorney Rick Abell to commence legal action regarding the area. Alderman David Daugherty was absent from Monday’s meeting due to work reasons.
Built prior to Super 8, the road attaches to Devers Road on the east end and dead ends at property owned by the Lindell and Opal May family on the west. Over the years, it’s been used mostly for overnight parking or by those staying at the hotel.
According to Abell, the city is exploring having the roadway legally declared a public right of way by use. “In lay terms, it’s very similar to establishing ownership or control by adverse possession,” he said. “Mr. Clyde Schmidt, who owns the Super 8, has asked the city to either acquire this property by purchase or have it legally declared a public right of way so it can be improved and used as a means of access to property that he owns behind the hotel.”
After a nine-month absence, the area designated as Interstate North came back before the council.
In November 2012, the council voted to make the area’s Tax Increment Financing (TIF) district and Business District eligibility studies available for public review. It also authorized Economic Development Resources (EDR), a community planning consultant, to proceed with completion of the Interstate North TIF Redevelopment Plan and Interstate North Business District Plan.
Due to modifications to the plans, a new legal description of the territory and the lapse of time, EDR’s GIS project manager Julian Jacquin, who was present at Monday’s meeting, recommended the council vote again on those motions so updated TIF and Business District eligibility studies would be on file.