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HomeMy WebLinkAbout01-23-17 Public Works and Property Vacation sou TIF . O� W PEACE a a +� 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK PUBLIC WORKS AND PROPERTY VACATION JANUARY 23, 2017 5:18 p.m. Committee Members Present: John Voorde, Jo M. Broden, Randy Kelly, Gavin Ferlic Other Council Present: Regina Williams-Preston, Tim Scott, Dr. David Varner, Oliver Davis Others Present: Kareemah Fowler, Graham Sparks, Aladean DeRose, Adriana Rodriguez Presenters: Maurice McGee, Roosevelt Cobb Agenda: Bill No. 01-17—Cobb Funeral Home Alley Vacation Committee Chair John Voorde called the meeting to order with one (1) item on the agenda. Bill No. 01-17—Cobb Funeral Home Alley Vacation Maurice McGee, Cobb Funeral Home, 3525 South Michigan Street, South Bend, IN, served on behalf of the petitioner. He was joined at the podium by Roosevelt Cobb, the owner and director of Cobb Funeral Home. Mr. McGee stated that they seek to vacate an alley that is abutted to their parking lot. He stated that they are located at the corner of South Michigan and Sherwood, between Sherwood and Chippewa. The entrance to the alley they seek to have vacated is on Sherwood and it dead-ends at the far west property line. Mr. McGee stated, That alley is only in use by people who attend our services. As a matter of fact,they think it's part of our parking lot. We have maintained the parking lot for the last eighteen(18) years. We just this summer resurfaced that piece of parcel when we resurfaced our parking lot. We are asking for the vacation because we would like to obtain a setback for a garage that we want to build and attach to our building. The size that we require will come to our current property line. If we are able to obtain the vacation of this alley, it will give us the necessary setback that we need to complete this build. It's important for three (3) reasons. It allows us to secure our service vehicles. Currently, we park them off-site for security reasons. Most importantly, it allows an access into the building completely secluded from the outside. So, it allows, obviously, for a family's decedent, and it shields some of the public who are uncomfortable seeing us move someone from 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBend[N.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS the car to get into the building. The alley itself is the north-south alley between Michigan and Main Street, and that entrance is from Sherwood right into our parking lot. Councilmember Dr. David Varner asked, It's the north-south alley that runs from Sherwood to the dead-end of the parking area? Mr. McGee responded, That is correct. Councilmember Dr. Varner asked, And the alley itself is between Main Street and Michigan Street? Mr. McGee responded, The alley itself runs parallel to Main and Michigan and it runs right into our parking lot. Committeemember Jo M. Broden stated, In your paperwork you said, "The alley will remain open and unencumbered." Mr. McGee responded, That is correct. Committeemember Broden asked how that was. Mr. McGee responded, Our current property line abuts against the alley. The alley to the grass line—that leaves about fourteen(14) feet. We are not trying to build on the alley. We are just trying to gain the setback so that we can build to our property line. This will not inhibit any traffic. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Eric Horvath, Director of the Department of Public Works, with offices on the 13th Floor of the County-City Building, stated, We are always concerned about dead-end alleys, we are also concerned about access for everyone. In this case, it's a very unique situation,because those other alleys that are on there are paper alleys—what I mean by that is that they don't actually exist in reality. It is probably something we should vacate—all of that. But, we would be supportive of vacating this portion of it as a start. Huey Scoby, Riverside Drive, South Bend, IN, stated that he was in favor of the bill. Mr. Scoby stated that this was a minority business that is up-and-coming. He stated, They have been in business for a while, but they're well on their way, and I would like to support it. Those from the public wishing to speak in opposition to this bill: Tom Foresting, 4581 Lake Shore Drive,Niles, MI, stated that he is deacon at Southgate Church. Mr. Foresting stated that Cobb Funeral Home's alleyway dead-ends into the property of the 2 church. He stated, We own the house that's right next door. Mr. Cobb—you and your friend, you're going to put that house up for sale? Depending on who would buy it, if we do that, then you're going to let out our egress, coming out that way, then,because there is a lot more traffic now on Main Street. Mr. Foresting stated that he was worried about sideswiping Mr. Cobb's garage. He stated, We don't want to be the owners of that property. We are thankful for the gift, but we don't want to do that. See, we'll cut for you and ta0ke care of it, like we have been for all these years, but we don't want to be vacated. We just want to keep it the way it is, so you can maybe grant him a variance, instead of vacating the whole property to us. Roosevelt Cobb, Cobb Funeral Home, 3525 South Michigan Street, South Bend, IN, stated that the problem that Mr. Foresting brought up was due to utilities poles placed on the property line between the funeral home and the church. Mr. Cobb stated, If they want to make a turn there— which they've been doing for the last eighteen(18) years since I have been there, without a problem, my garage would be twenty-five (25) or more feet from that pole, then sitting on my property line does not present any type for problem for them. Committeemember Jo M. Broden asked, Granting a variant—as a Council versus vacating an entire alley, weighing that...have you considered that? Mr. Cobb responded,No, I did not. I did not know if a variance would be the proper way to go. He stated that all he asked was to have the part of the alley that is on his property vacated. He stated, I thought it would be easier to do than getting a variance to build onto the parking lot. Mr. McGee added, From where their property is,there is a vacated part of the alley that exists. We just want to vacate from their parking lot until Sherwood Street. Most importantly, where I'm confused about the possibility of him backing his trailer up and hitting our building which is about thirty(30) feet from their drive—there is a driveway from their garage that leads directly to Michigan Street. We have been on Michigan Street since it changed to two (2)way. I have not had a problem turning south onto Michigan from Sherwood, so I cannot imagine that they would have a problem turning south on Michigan from the driveway. Committeemember Gavin Ferlic made a motion to send Bill No. 01-17 to the full Council with a favorable recommendation. Committeemember Randy Kelly seconded the motion which carried by a voice vote of four(4) ayes. With no further business before the Committee, Committee Chair John Voorde adjourned the meeting at 5:30 P.M. 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