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HomeMy WebLinkAbout07-24-17 Public Works and Property Vacation SOU T$ fr U C W PEACF, yt-+ 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK PUBLIC WORKS & PROPERTY VACATION JULY 24, 2017 3:31 P.M. Committee Members Present: John Voorde, Randy Kelly, Jo M. Broden, Gavin Ferlic Committee Members Absent: None Other Council Present: Karen White, Tim Scott (late), Regina Williams-Preston (late) Other Council Absent: Dr. David Varner, Oliver Davis Others Present: Kareemah Fowler, Jennifer Coffman, Graham Sparks, Bob Palmer Presenters: Paul Crowley Agenda: Bill No. 41-17-Frank Linerello Alley Vacation Committee Chair John Voorde called to order the Public Works and Property Vacation Committee meeting at 3:31 p.m. He introduced members of the committee and proceeded to give the floor to the presenters of the legislation. Bill No. 41-17- Frank Linerello Alley Vacation Paul Crowley, 1428 E Colfax, stated, I am representing Frank Linerello in the petition to vacate the alley. Mr. Crowley asked the Committee and Councilmembers if they had received copies of the exhibits (available in the Office of the City Clerk),to which the Committee and Councilmembers confirmed they had. Mr. Crowley continued, Frank's Place is across the street from Welsheimer Funeral Home. This is the alley that runs east of his building from Marion Street all the way to Navarre Street. We are here to petition the vacation of that alley. We received an unfavorable recommendation from the Board of Public Works and I am here to show you that the issues raised in that letter have been either addressed or based on misunderstandings. We filed the petition to vacate the alley in January and the original petition was initially for just the south half of the alley. The Board of Public Works required a petition for the entire alley. We did that but then they came back with the unfavorable recommendation. So at this point,there were three (3) issues brought forth in their letter from March 14`I', 2017 found in the Common Council Packet(available in the Office of the City Clerk). In that,they speak of Welsheimer's property becoming land-locked due to 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.SouthBendIN.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS this vacation. They also speak of the fire hydrant distance, as well as an inconvenience to the property at 330 Navarre Street. The first issue is the easiest to address. Certainly Bill Welsheimer's property, specifically where they park his vehicles for his business, will become land-locked with this vacation. Having said that, an easement has been filed with the Recorder's Office that gives Bill Welsheimer access to that property and any of the surrounding property. So,that issue is essentially off the table. To further that point, included in your paperwork is Exhibit B which is a copy of the petition for the vacation of the alley signed by both Frank Linerello and Bill Welsheimer. The other two (2) issues took us by surprise, frankly. I'm embarrassed to say that this is the third time we've presented this petition to the Board of Public Works and we haven't followed through on these other two (2). You have, among your paperwork, Exhibits D and E, which are the letters from the Board of Public Works in 2009 and 2013, both showing the favorable recommendations given to proceed with this work. So we were surprised when it came back unfavorable this time. Exhibit F is a thread of emails between myself and Fire Marshall Rodriguez, asking to better understand the Fire Department's problem. He stated the Fire Department would have to extend the distance to the hydrants if they no longer had use of the alley. My suspicion was that they were not thinking. They were thinking they have use to the alley now,which in fact they don't. There is a fence across the alley and it is heavily overgrown. Pictures of that fence are included in Exhibit G. The bottom line is that they don't have use of that hydrant right now and so by vacating the alley, they wouldn't be disturbed one (1) way or the other because they'll still have the same distance in terms of reaching the fire hydrant. The Board of Public Works had given us an unfavorable recommendation by virtue of the access to Welsheimer's property, and we have cleared that up. They spoke of the distance to the hydrant. We are not shortening the distance they have to the hydrant in any way, shape or form because they already don't have use of the alley as it is. Finally, in terms of inconveniencing 330 or 226 Navarre Street, they have had use of the alley as a private driveway for the past ten(10) years plus. I'm sensing there would be no inconvenience created by vacating the alley, simply recognizing now the reality of the situation. We ask you please present this to the Common Council with a favorable recommendation. Committee Chair Voorde opened the floor to Committee and Councilmembers to ask questions of the petitioner. Committeemember Randy Kelly asked, The emails state they are aware of the fence but it can be cut if they ever have to use the alley for water supply. So it is not as though they are not aware. With that knowledge, they still recommended it unfavorably to the Board? Mr. Crowley replied, I interpreted the first sentence of his response to say `We were surprised to learn there is an illegal fence there.' As much as I'm loathed to disagree with the Fire Marshall, the fence is not wire, it is wood. It is heavily overgrown and it cannot simply be cut. Committeemember Jo M. Broden asked, Is the fence that spans to the back property legal? Mr. Crowley replied, I have no knowledge of whether it was permitted or not. The Fire Marshall found no building permit and I understand there may have been some arrangement that allowed for it. 2 Committeemember Broden followed up, Why did the Board of Public Works make you petition for the entire alley? Mr. Crowley replied, I'm assuming they wanted to settle the matter once and for all. Committeemember Broden then asked, Is there precedence in vacating only a portion of the alley? Mr. Crowley replied, If it were agreeable to the group to proceed with a favorable recommendation for just the alley as far as the fence goes, that would be fine with us. Committeemember Broden stated, I've scoped out the area and hydrants seem proximate. I think proximity to the back-up hydrant is the significant factor here. I understand that. Committeemember Ferlic asked, What is the purpose of the vacation?Are there future development plans for the land? Mr. Crowley replied, It may turn into possible patio seating. Committeemember Broden asked, Is the Welsheimer property the one (1) that runs north on Portage Avenue? Mr. Crowley replied, The Welsheimer property is immediately north of Frank's building and it is nothing but a garage. The footprint is a little more than the garage area. So the parking lot for Welsheimer's is across William Street next to their building. The affected property is just a tiny little square. Committee Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Daniel Chapman, 330 W Navarre Street, stated, There was permission given for the fence based on a police evaluation. There was an assessment done and the area was deemed a problem area. Because I wasn't given permission to vacate this alley originally, I was given permission by that group to build that gate and fence. We're not okay with expansion at Frank's Place. Expansion means more nuisance. We have been through years and years of nuisance problems. The gate was a great solution but it wasn't the end-all solution. For example,before the gate, I went out to get in my car and go to work and there's a drunk guy passed out. I call the cops and they take him away. People have also knocked over my birdbath and they continuously speed through the alley. Maria Tomasula, 326 W Navarre Street, stated, It is a thin wooden fence. We clean it several times a year. We try to be good neighbors but our neighborliness consists mostly of not complaining. Every time we have to act in response to Frank's Place, we quietly tolerate the daily irritations and inconveniences. We do not want it to expand. The things we have to deal with now are almost to the point of not being tolerable. Even before the fence it was not tolerable. There were many people walking, urinating, and passing out. When the gate was put 3 up, it got better but even so, we have to tolerate garbage and constant clean up with massive clean-up every spring. My husband built a swing set and playhouse for our daughter in the back of the yard. After which, Frank's Place put their dumpster right on the other side of it causing garbage to blow into our kid's play area. There is noise all the time. When they plow the snow, they plow it into the fence and it damages it. We tolerate all of this because we don't want to be stressed out and mess with business,but having any sort of outdoor area would increase all of these issues. Steve Tomasula, 326 W Navarre Street, stated, I'm shocked to see this because we didn't receive any notification that any of this was going on until I called this morning to find out what room the meeting tonight was going to be held in and was told about this room and this meeting. We are planning on building a garage that would also become land-locked if this were to be vacated. And the gate is not very secure. We've had a motorcycle actually drive through the fence as well. Frank wouldn't contribute to building the fence so I built it because of all the problems. The police came to us and suggested the fence. That is why it is there. Committee Chair Voorde turned the floor back to the Committee and Council for further comments or main motions. Councilmember Tim Scott stated, I did help Mr. Chapman put up the gate. It was a compromise at the time. I can't recall the documents from the City but the idea was that a fence, given the `ok' by all parties, would be built. The biggest crime problem before the fence was that alley. Whether it was drunk driving, speeding or passed out people, the problems were worse. There also used to be armed security around Frank's. Committeemember Ferlic made a motion to send Bill No. 41-17 to the full Council with an unfavorable recommendation. Committeemember Kelly seconded the motion which carried unanimously by a voice vote of four(4) ayes. With no other business, Committee Chair Voorde adjourned the Public Works and Property Vacation Committee meeting at 3:58 p.m. Respectfully Sub itted, lA-A, John Voorde, Committee Chair 4