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HomeMy WebLinkAbout04-23-01 Public Works & Property Vacation Qamtmitt mart: Vatic UWOrk$ antr Jroitrtp Vacation tontittitt The April 23, 2001 meeting of the Public Works and Property Vacation Committee was called to order by its Chairperson, Council Member David Varner at 3:33 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: Aranowski, Pfeifer, King, Kelly, White, Varner, Ujdak, Coleman and Kirsits; Lou Nani of the University of Notre Dame, Community and Economic Development Director Jon Hunt,Marguerite Taylor, Charles Howell, Kimberly Mentor, James Harris, Dale Grayson, Timothy Rouse, Public Works Director Gary Gilot, Bernie Feeney of Lang, Feeney and Associates; Kim Metzger, Rebecca. Goodorf, Jennifer Mielke, John Hosinski, Mike Dobson,Terry Bland of the i+011Uj Altrat gribunt, and Kathleen Cekanski- Farrand, Council Attorney. Council Member Varner then noted that the first item listed on the agenda was to continue Bill No. 9-01 which is a proposed ordinance to vacate various alleys in the Harman and Miller's Plat requested by the Eddy Street Land Trust which was continued from the March 26th and April 9th Committee meeting by the Petitioner. Mr. Bernie Feeney made the presentation. He noted that one-half(1/2) of the alley by Mr. Harris was offered to him to address the concerns raised by him at prior Committee meetings. He added that a new trash enclosure has been proposed to be built at the petitioner's cost so that Mr. Harris would have accessibility for trash purposes by Georgiana Street. There was no one in the public to speak in favor of the Bill. Mr. James Harris spoke in opposition. He noted that he has been a lifetime resident of the area and that the family business has operated in the five-points area for more than forty (40) years. Mr. Harris stated that all of the alleys in question are used as thoroughfares by residents and businesses. He voiced concern about trash pick-up and emergency vehicles servicing the area if the alleys were vacated. Mr. Harris also noted that during Notre Dame Football weekends, the alleys are used for off-street parking since the roads are changed to facilitate Notre Dame football traffic to and from the University. Mr. Harris voiced concern over the fact that no written plans have been made public by the developer, and inquired what would happen if the developer leaves after the alleys would be vacated. He did not think it was right for trash to have to be moved to the front for pick up on Georgiana and Eddy Streets. He noted that Mr. Friedline has not talked specifics and that his trash included a significant amount of box storage which the city picks up on a weekly basis. He concluded his remarks by asking the Committee to deny the request. Marguerite Taylor then spoke against the Bill. Mrs. Taylor stated that she lives and works in the area in question, and that she is a member of the Northeast Neighborhood Council as well as the NNRO. She noted that the residents, these organizations and the City have been working hard to bring the area up to code and to bring quality single-family housing and apartments to the area. She voiced concern that Mr. Friedline wants to close alleys but yet he has submitted no plans for the development he proposes. She asked the Committee to deny the request. Dale Grayson, a member of the NNRO then spoke against the Bill. He stated that in light of the configuration of streets, that closing the alleys would only mean compounded the traffic problems. He stated that if the vacation is approved that the City would have a worse intersection than that at Mishawaka Avenue and Ironwood where another drug store is locat4 IUD-.Grayson added that Public Works and Property Vacation Committee April 23, 2001 Page 2 the structure may be so foreboding that he would prefer a development which is neighborly in design. Charles Howell of 1118 Dewey then addressed the Committee. He stated that he believes the city is caught in a "business rumble between drug stores", and believes that vacating the alleys would turn everything into a circus. He cited Aldi's leaving the area, and stated that the Northeast Neighborhood has been developing plans for the area. He noted that Council Member King has worked closely with the neighbors and the neighborhood groups and believes that a market study should betaken before the alleys are considered to be closed. Kimberly Mentor of NNRO stated that on May 1st a Master Planner will be on board to study the area. She stated that it would be premature to close the alleys without a master plan in place that has had neighborhood input to determine what is the best development for the area. Timothy Rouse, an NNRO Board Member, stated that he believes a master plan should be completed first before any alleys are closed. Mr. Lou Nani of the University of Notre Dame stated that he is also a member of NNRO which consists of fourteen (14) members, of which seven (7) are residents of the area and seven (7) represent organizations in the area. Since a Master Planner will soon be developing an overall plan for the area and in light of the concerns raised about Mr. Friedline's previous track record and failure to provide any plan for the area in question, he believes that closing any alleys may prove to be detrimental to future development. Mr. Nani stated that he sees the opportunity for development and private sector investment which would build esteem and compliment residential living. Rebecca Goodorf of St. Joseph Hospital noted that investment of $ 50,000 for the next five (5) years has been pledged to the area. She sees the alley vacation request as being premature and detrimental to overall development of the area. Jennifer Mielke noted that no site plan has been provided to date and that in light of the traffic problems already in the neighborhood that ingress and egress would have to be carefully studied for new developments. Designs should be resident oriented in design. Kim Metzger of Madison Center stated that the neighborhood needs to be preserved and that the alley vacation was premature. There being no other persons to speak opposed, Council Member Varner than asked for remarks from the District Council Member Karl King. Council Member King noted that at the April 9th Committee meeting a number of key items were highlighted that had to be addressed by the petitioner. He noted that he had discussed these items with Mr. Friedline and Mr. Hosinski and stressed that they had to be addressed prior to today's meeting. Mr. John Hosinski stated that he could address all of Council Member King's concerns. He stated that the Board of Public Works had approved a cross-easement and that it had been recorded. He then provided a site plan to the Committee (copy attached). Mr. Hosinski stated that Mr. Harris' concerns had been discussed and that he believes that adequate solutions have been proposed. He then circulated pictures of Mr. Harris' business property which were not provided as part of the • ~ • Public Works and Property Vacation Committee April 23, 2001 Page 3 record. Mr. Hosinski stated that the petitioner was not willing to pay the price which Mr. Harris had proposed. With regard to concerns raised previously by Mr. Phair, Mr. Hosinski stated that he believes that all of his concerns relate to access when there is snow for the various Hollady properties. Mr. Hosinski stated that he does not believe that there are any concerns left and circulated pictures of affected properties which were not provided as part of the record. Mr. Hosinski provided a handout whereby the Bauer's concerns have been withdrawn (copy attached). Mr. Hosinski sated that the area contains an empty gas station, empty houses and three (3) "oddly unused alleys". He noted that Walgreens "is hedging", however he would be willing to make the vacation contingent upon a site plan. Mr. Hosinski stated that the comparison to the intersection of Ironwood and Mishawaka was not a valid comparison. Council Member King then cited some of the criteria of the governing law (IC 36-7-3-13) which contains language whereby a proposed vacation of public ways would hinder the growth of the neighborhood. Council Member King stated that on January 14, 2001 he gave a list of concerns and the overall neighborhood design guidelines to the developer. Council Member King noted that here we are today, several months later and have not been provided with anything substantial and therefore he could not support the proposed vacation. Council Member King concluded by stating that he did not believe that the vacation was in the best interests of the neighborhood and as the District Council Member for the area, that he could not support it. Council Member Kelly inquired whether Mr. Feeney prepared the site plan submitted by Mr. Hosinski. Mr. Feeney stated that he had not. The Council Attorney noted that the Area Plan Commission voiced its opposition to the vacation in its letter of January 26, 2001 (copy attached);and that the only recommendation of record from the Board of Public Works was its February 26, 2001 letter (copy attached) which submitted an unfavorable recommendation. Mr. Hosinski stated that if there is a Master Plan for the area that he would like to see it. He provided a two-page copy of individuals in favor of the proposed Bill (copy attached). Mr. Hosinski concluded his remarks by requesting the Council to either vote the bill up or down. Following further discussion, Council Member King made a motion, seconded by Council Member Aranwoski that Bill No. 9-01 be recommended unfavorably to Council. The motion passed. The Committee then reviewed Bill No. 29-01 which is a request to vacate a portion of Tutt Street east of Lafayette Boulevard and to the west of Main Street for a distance of 345 feet. Dr. Varner noted that the request received a favorable recommendation from the Board of Public Works as represented in their April 19th letter and attachments(copies attached). Mr. Mike Dobson represented the petitioners. He stated that an Arby's and convenience store is being constructed at the site. The vacation is needed to address and improve parking and traffic flow adjacent to the affected properties. Mr. Dobson provided copies of a letter dated April 23, 2001 and April 11,2001 (copies attached) in favor of the proposed vacation. Following discussion, Council Member King made a motion, seconded by Council Member Public Works and Property Vacation Committee April 23, 2001 Page 4 Kirsits that Bill No. 29-01 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 01-39 which is a proposed resolution regarding the amendment of the lease with the City of South Bend Building Corporation for the construction and equipping of a new Public Works Service Center Facility. Mr. Gary Gilot made the presentation. He stated that six (6) bids were received and that the net interest cost on the bonds will be 5.18 %, representing a significant savings to the City. Following discussion, Council Member Aranowski made a motion, seconded by Council Member King that Bill No. 01-39 be recommended favorably to Council. The motion passed. Under miscellaneous business, Council Member King showed examples of developer documents for proposed developments which depicted the type of documentation which should be provided to the Council. There being no further business to come before the Committee, Dr. Varner adjourned the meeting at 4:20 p.m. Respectfully submitted, Council Member David Varner, Chairperson Public Works and Property Vacation Committee KCF:kmf