Warsaw city officials on Monday defended attempts to purchase a home in the  Buffalo Street redevelopment project.

The city is suing for condemnation to acquire 335 N. Buffalo St., a house  owned by Brinda Whitaker.

City planner Jeremy Skinner said the house is needed for a storm sewer line that will run across Buffalo Street directly in the path of Whitaker’s home.

In fact, the path is already  being constructed on the other side of the street and the acquisition of the land has slowed progress, Skinner said Monday night after city council met.

A hearing in the suit is scheduled for later this month.

Skinner said the suit is a way to force the property owner to negotiate.

The issue surfaced Monday afternoon at the city redevelopment commission meeting when former city councilman Kyle Babcock asked about any land acquisitions  and then accused the city of trying to take the house away from her.

Tim Meyer, president of the redevelopment commission, said the matter comes down to the price. Whitaker’s offer indicates she’s willing to relocate.

Skinner declined to say what the offer was, but Meyer described it as “unreasonable.”

Whitaker has not cooperated with the city in allowing an appraiser inside the house to survey the residence for the purpose of an appraisal, Skinner said.

Whitaker did not attend the meeting and could not be reached for comment.

Skinner expressed hope that Whitaker will work with the city rather than let a court determine the price.

Babcock said he asked a year ago if the city would be acquiring property as part of the multi-use development along the shores of Center Lake and was told no.

Skinner said at the time, the engineering was incomplete and the city then realized that storm sewer drainage in the park required a change in plans. He also said other utility issues involving NIPSCO required a change in plans.

“There’s a lot of different moving parts,” Skinner said.

Babcock questioned the process.

“So the city can just take a property because you need it?” he asked.

Skinner replied, saying it’s a legal means to acquire property and hopes Whitaker will sit down and talk with the city.

“There’s still that opportunity. Just because we started the court process doesn’t means it will end in condemnation,” Skinner said.

Babcock tried to tie it directly to the redevelopment project overseen by developer Dave Matthews.

The ongoing utility work is being overseen by the city and not Matthews, officials said.

The utility work is the first step needed before the redevelopment work begins later this year.

Meyer said he was under the impression the storm sewer work was needed regardless of the Buffalo Street project.

In his 13 years with the city, Skinner said they’ve used condemnation suits as leverage several times, but never finalized a condemnation through court.

Talk about the Buffalo Street project spilled over into the council meeting last night.

Babcock questioned how much money the city is putting into the development.

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The infrastructure work will total about $3.5 million including $1.6 million that will be reimbursed to the city from the state’s Regional Cities program. The city is contributing about $1.8 million, which includes $650,000 in sanitary sewer work that had been delayed for years, Skinner said.

In addition to underground infrastructure, the city will reconstruct the street with curbs and sidewalks and construct a public plaza along the lake.

Matthews, a South-Bend-based developer, is working on a $20.5 million project that will involve construction of homes and a mixed-use building that will include more housing, office space and possibly a commercial presence.

Former city council member Trish Brown asked how much public input the city received as it developed the current plan.

The development embraces elements of a study done about 20 years ago as well as suggestions that came from a Ball State University study that encouraged the city to link the downtown to Center Lake along Buffalo Street.

Mayor Joe Thallemer said meetings that resulted from the Ball State study involved participation and input from about 200 people.