The URL can be used to link to this page

Home My WebLink About09-23-2024 Public Works & Property Vacation Committee Meeting Minutes 'SptITH 8 O u dI PEACE lZ x lati5 .. OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK PUBLIC WORKS & PROPERTY VACATION SEPTEMBER 23, 2024 4:00 P.M. Committee Members Present: Karen L. White, Sherry Bolden-Simpson, Carl Littrell, Dr. Oliver Davis, Sheila Niezgodski, Jason Piontek Others Present: Bianca L. Tirado, Matthew Neal, Samuel Turck, Bob Palmer, Canneth Lee (Arrived Late), Troy Warner(Arrived Late) Presenters: Steven Woolley, Gemma Stanton, Erik Horvath, Robert Gundeck Agenda: Bill No. 45-24—Alley Vacation- The East/West Alley Between 100 Block of East Sample Street and Ohio Street Including Its Turn South Connecting to Ohio Street and Also the First North/South Alley East of South Michigan Street Running Between East Sample Street and Ohio Street (Substitute) Bill No. 46-24—Alley Vacation- The First East/West Bound Alley South of Prairie Avenue, Between Glen Street and North/South Alley East of Brookfield Street (Substitute) Members marked with an asterisk(*) are present digitally Please note the attached link for the meeting recording: Ii ttps://docs.southbendin.2ov/WebLink/O/edoc/385749/09-23-2024%2OCouncil%2OCommittees.mp4 Committee Chair Niezgodski called to order the Public Works and Property Vacation Committee meeting at 3:45 p.m. Substitute Bill No. 45-24—Alley Vacation - The East/West Alley Between 100 Block of East Sample Street and Ohio Street Including Its Turn South Connecting to Ohio Street and Also the First North/South Alley East of South Michigan Street Running Between East Sample Street and Ohio Street INTEGRITY I SERVICE I ACCESSIBILITY Elivet Quijada-Navarro Mattliew Neal Samuel Turck CIIIEF DFPC'IY'CITY Y CLERK DI I'l IN DIRF.(TOR OF POLICY DIRECTOR OF SPP:CLU.OI PROJF(-FS EXCELLENCE I ACCOUNTABILITY I INNOVATION ( INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.1 South Bend,Indiana 46601 1 p.574.235.92211 f.574.235.9173 1 www.southbendin.gov • CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Member Karen White motioned to accept Substitute Bill No. 45-24, which was seconded by Committee Member Rachel Tomas Morgan and carried via a vote by voice. Steven Woolley, 902 South Michigan Street, South Bend, IN 46601, is the petitioner for Bill No. 45-24. Chris Dressel, Planner-Sr with the Department of Community Investment (DCI), has requested that Steven Woolley vacate the alley all the way to the Ivy Tech campus. This alley is a paper alley, meaning it does not exist except in historical records held by the City. Citizen Member Carl Littrell stated that the vacation language is ambiguous and that he believes it requires the signatures of all abutting property owners. Ivy Tech's signature is not on the application. Steven Woolley stated that the application process has changed to require only one abutting property owner to be a signatory. Ivy Tech knows this vacation as Steven Woolley rents a property from them. The vacation's language came directly from the City. Citizen Member Littrell stated that the language is important as it is a legal document. The Committee cannot pass ambiguous vacations in 2024 when they will be law in fifty (50) years. Steven Woolley stated that only one (1) alley runs east to west between Ohio Street and Sample Street. The alley entrance is on Ohio Street and exits on Ohio Street. Citizen Member Littrell stated that the entire alley has to be vacated because the City cannot create dead-end alleys. Steven Woolley stated that they had been at the property since 1978 and were unaware of an alley. Committee Member White apologized to the petitioner for the struggles with the alley vacation process. Committee Chair Niezgodski asked where the petitioner found the form to start the application process. Steven Woolley stated that the form was on the City's website but has since changed. The alley vacancy application process and requirements changed while Steven Woolley was in it. Steven Woolley is the first petitioner going through the new vacation application process. Gemma Stanton, a Project Engineer with offices on the 13th floor of the County-City Building, stated that the alley's shape makes it difficult to create a thorough legal description. City records indicate a north-south alley exists. Steven Woolley stated that the deeds of his two neighboring properties do not mention an alley. Committee Chair Niezgodski asked Gemma Stanton if the legal description was correct. Gemma Stanton stated that she believes it to be correct, but if the Committee believes it to be ambiguous, the language can be revisited. Committee Chair Niezgodski apologized to Steven Woolley for the delay. Committee Chair Niezgodski held the public hearing, but nobody spoke. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov • CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Niezgodski stated that the Committee could give the Bill no recommendation until there is clarification from the administration. Citizen Member Littrell stated that the absence of Ivy Tech's signature is an issue. Gemma Stanton stated that the new ordinance only requires the signature from one (1) of the abutting properties. Erik Horvath, Public Works Director with offices on the 13th floor of the County-City Building, stated that the new ordinance requires the signatures of all the abutting property owners. Committee Chair Niezgodski asked Council Attorney Bob Palmer if the application was signed in June 2024 before the new ordinance, would all of the abutting property owners' signatures would still be required. Council Attorney Palmer stated that he did not remember when the new ordinance took effect. Gemma Stanton stated the new ordinance took effect on August 1, 2024, so this vacation would be under the old ordinance,only requiring a signature from one(1)of the abutting property owners. Committee Member White motioned to send Substitute Bill No. 45-24 to the Committee of the Whole with no recommendation, which was seconded by Citizen Member Jason Piontek and carried via a vote by voice. Substitute Bill No. 46-24 — Alley Vacation - The First East/West Bound Alley South of Prairie Avenue, Between Glen Street and North/South Alley East of Brookfield Street Citizen Member Piontek motioned to accept Substitute Bill No. 46-24 which was seconded by Committee Member White and carried via a vote by voice. Robert Gundeck, 1986 Prairie Avenue, South Bend,IN 46613, has owned the property since 1982 and would like to extend his backyard due to security concerns. Before attempting to get a fencing permit, Robert Gundeck was unaware of an alley. The abutting property owner currently owns the alley, and a quick claim deed will transfer ownership. Citizen Member Littrell asked if the east-west alley would remain open and if the application was submitted before the new ordinance took effect. Robert Gundeck stated that the east-west alley will remain open. Gemma Stanton stated that this was submitted before the new ordinance took effect. Committee Chair Niezgodski opened the public hearing and nobody spoke. Committee Member White motioned to send Substitute Bill No. 46-24 to the Committee of the Whole with a favorable recommendation, which was seconded by Committee Member Tomas Morgan and carried via a vote by voice. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www,southbendin.gov SCITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Niezgodski adjourned the Public Works & Property Vacation Committee meeting at 4:16 p.m. Respectfully Submitted, Sheila Niezgodski, Committee Chair NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or 01her Services mar be.Available upm Request at No Chaq;c Please pee Reasomibic Ads aaee Request rhea P.. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov