02-12-18 Public Works and Property Vacation

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Committeemember Broden continued, We've gotten a couple letters from businesses adjacent to Western Avenue. Am I correct in my understanding that is not a street, technically? Mr. Ballard replied, I am unaware of that. I can check before tonight's meeting. Committeemember Broden was concerned about the remainder of Western Avenue if this were to pass.Mr.Ballard reminded Committeemember Broden that easements have been given to property owners on Parry Street and besides that,no other surrounding property owners are affected by this vacation. Committee Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further recommendation or main motion. Kara Boyles, City Engineer with offices on the 13th floor of the County-City Building, stated, Unfortunately,this is technically not a designated right-of-way to the City because it was a railroad right-of-way and that is also why we see the parcels covering the right-of-way. One (1) might say there is no dedicated access to these properties however it has been acting as an alleyway for many years. The through access will not change. This was partially initiated by the East-Bank Project and when we were doing work along South Frances Street,the property frontage and ownership was in question. We curbed the old curb-cut and created a new one (1). Committeemember Broden asked, So it used to be an alleyway there? Ms. Boyles replied,No, it was an old railroad right-of-way. All will remain the same except the north-south alley that is west of Parry Street. It will be left open for the two (2)property owners that have easements. Committeemember Broden stated, Well this is kind of a vacation by default. It is what it is and you're asking what you're asking and we will go from there. I think putting up a gate and closing a gate when there wasn't a vacation in the first place wasn't right. There had to be some land that wasn't owned, right? Otherwise they wouldn't be here asking for an easement, correct? We are effectively asking people in a neighborhood, regardless of its state, to get to where you need to go by way of alleyway or going across private property. Councilmember Dr. David Varner stated, If they are ok with it, I don't know what the problem is. They have already been doing this. It does raise a point and I understand where there is an issue but the neighbors have already agreed to it through easements. Due to lack of a quorum, Committee Chair Voorde sent Bill No. 06-18 to the full Council with no recommendation. With no further business, he then adjourned the Public Works and Property Vacation Committee meeting at 4:35 p.m. 2