Big Fella's - the big thread
Tyson B. Domer
Here’s some background on Gene and Dalene McFadden’s application for a liquor license for their Big Fella’s restaurant/illegal club last year – see email thread below and attached.
I attended several neighborhood association meetings to hear from neighbors, and also the public hearing in order to oppose their application.
Their application was vehemently opposed by the Historic Watson Park neighborhood Association.
Mapleton-Fall Creek Neighborhood Association was in support…although their “support” was dubious since the question was never put to a vote, as usual.
Mapleton-Fall Creek CDC took no official position but staff expressed their personal support and worked toward a formal agreement between the McFadden’s and the neighbors who opposed liquor at Big Fella’s, which never came to fruition.
Tyson
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Wednesday, November 27, 2013 11:48 AM
To: Michael A. McKillip (mic...@midtownindy.org)
Subject: Big Fella's - the big thread
Michael-
My email questions to Leigh are below in this comprehensive email thread, along with my narrative. Backup documentation attached. I also spoke with my neighbor from Park Avenue last night in the street – “Puckett”. He’s an old-timer…and told me he was once “slipped a mickey” by a woman at the upstairs club at Big Fella’s – and she drove him home and robbed him. Gene remembers this, and asked Puckett “if he was alright” at Monday night’s meeting at TAB – I couldn’t go… Puckett told me “the neighborhood hasn’t forgotten how bad Big Fella’s was…and you can’t just sweep all that under the rug.” I would say the McFaddens have some work to do.
Have a good holiday,
Tyson
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Tuesday, November 26, 2013 10:51 AM
To: 'Leigh R. Evans'; 'kevinwar...@yahoo.com'; 'in...@watsonpark.org'; 'dougd...@mindspring.com'; 'mw...@zplaw.com'; 'Dianne Madison Montgomery'; 'Michael McKillip'; 'ah...@hcet.org'; 'william...@indy.gov'; 'marthab...@yahoo.com'; 'Mark Webb'; 'Isaiah Kuperstein'; 'Sarah Wiehe'
Cc: 'tcol...@broadwayumc.org'
Subject: RE: Big Fella's - Next Steps
That is great news. I’m glad the McFaddens have decided to go that route. A “beer-wine on-premise only” permit would go a long way toward allaying my concerns, and I think the concerns of many others based on discussions I’ve participated in over the last few weeks. In the meantime, I hope the McFaddens and their nephew will seek to forge stronger and more meaningful relationships with neighborhood stakeholders and institutions beyond this singular issue. Building trust, especially once it’s been broken, takes time and commitment.
Tyson
From: Leigh R. Evans [mailto:le...@mfcdc.org]
Sent: Tuesday, November 26, 2013 10:32 AM
To: kevinwar...@yahoo.com; in...@watsonpark.org; 'dougd...@mindspring.com'; mw...@zplaw.com; Dianne Madison Montgomery; ty...@hundredyear.net; Michael McKillip; ah...@hcet.org; william...@indy.gov; 'marthab...@yahoo.com'; 'Mark Webb'; Isaiah Kuperstein; 'Sarah Wiehe'
Cc: 'tcol...@broadwayumc.org'
Subject: RE: Big Fella's - Next Steps
Good morning,
I anticipate that the information has started circulating, but I wanted to communicate that the McFadden's have decided to redraw their liquor license application. They are no longer seeking to use a license with a retail option and will continue looking for a 2-way option. I appreciate the dialogue and debate surrounding the issue and your willingness to work toward a solution.
It is my understanding that an official request will be presented to the Liquor board; however, I have not seen any written notification. I'll keep you posted.
Leigh Riley Evans chief Executive officer
Mapleton-Fall Creek Development Corporation
130 E 30th Street, Indianapolis, IN 46205
317/923-5514 x225 · le...@mfcdc.org
Live Life Better In Mapleton-Fall Creek
Website // E-news // Facebook // Twitter
From: Isaiah Kuperstein [mailto:h...@double8foods.com]
Sent: Tuesday, November 26, 2013 9:58 AM
To: martha Blue
Cc: Tyson B. Domer; Kevin Warren; Sarah Wiehe; Leigh Evans
Subject: Re: Big Fella's background research and opposition to liquor license
Martha,
I understand that you'll be at the CDC Board meeting tonight. Unfortunately, I won't be there due to the business. In light of Tyson's concerns I can't imagine that the Board can take any action at this time. I hope you'll be able to speak on the concerns.
Isaiah
On Tue, Nov 26, 2013 at 7:53 AM, martha Blue <marthab...@yahoo.com> wrote:
Hi Tyson,
Thanks for all your hard work,I was entertaining the thought of maybe allowing beer and wine,but now I go back to my original misgivings about this whole charade, I wish I had read this email earlier. I also found out that sheriff Frank Anderson is related to the family.
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Monday, November 25, 2013 10:55 PM
To: Kevin Warren (kevinwar...@yahoo.com)
Cc: 'martha Blue'; Sarah Wiehe (swi...@gmail.com); Double 8 Foods (Kuperstein, Isaiah) (h...@double8foods.com)
Subject: RE: Big Fella's background research and opposition to liquor license
Update on 1202 W 30th Street: I was incorrect – the old Anderson’s Restaurant and Lounge was demolished by the City in 2012 and is currently a vacant lot. Here’s a timeline of the property:
1979 – owned by George W. Anderson
1996 – deeded to Dorothy Oldham
2001 – H&H issues “Repair or Demolish” order
2003 – deeded to Dorothy Oldham & Dalene Keno ~August
2003 – deeded back to Dorothy Oldham ~October
2004 - deeded back to George Willie Anderson
various nuisance violations continue to accrue as the buildings blight the neighborhood…
2008 – parcel offered in Tax Sale (item # 49A477) with $5247.53 minimum bid, unsold
2009 – parcel offered in Tax Sale (item # 49A726) with $7290.26 minimum bid, unsold
2010 – parcel officially became county surplus ~April
2011 – buildings slated for DPW Rebuild Indy demolition as of November 15th (bid group 6)
2012 – demolished ~March 15th by W.R. Beach, Inc. for Rebuild Indy
2013 – HWG (high weeds and grass) violations accrued as of ~May
and the blight goes on and on…
Where is George Anderson? He “had to let that building go" – and I'm sure his west side neighbors really appreciate it! Why all the title transfers? Dorothy Oldham played the property swap/property tax dodge game with George Anderson on another blighted property at 1168 Udell Street in 1995/1996. Why not? They were neighbors for years at 1158 and 1162 W 34th Street! And the taxpayers pick up the tab…for years, while neighbors and the neighborhood suffers. Shady. These are the folks the McFaddens choose to do business with. And I don’t expect any behavior change with Big Fella’s.
Tyson
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Monday, November 25, 2013 1:24 PM
To: Kevin Warren (kevinwar...@yahoo.com)
Cc: 'martha Blue'
Subject: Big Fella's background research and opposition to liquor license
Kevin & Martha-
It is no secret that I am less than enthusiastic about the McFadden’s desire to establish a liquor license at Big Fella’s. I have compiled quite a bit of background research on the various entities involved. Please see the attached documents for backup to my narrative summary below, and please feel free to share as you see fit with others that would also remonstrate against this liquor license application and /or rezoning request.
The liquor license that the McFadden’s are seeking to transfer to Big Fella’s is currently held by Dorothy Oldham or George Willie Anderson – it was previously housed at “Anderson’s Restaurant & Lounge” located at 1202 W 30th Street. This place hasn’t been in operation for a while... It is not a “vacant lot” as Dalene McFadden asserted at the November MFCNA meeting, but rather a blighted building with almost $9K in back taxes due. George Anderson has been trying to renew the liquor license since at least October 2013 – his petition was on the Marion County Local Liquor Board hearing docket on 10/21/13 and 11/05/13 – I’m not sure of the outcome of those hearings. Update: the building may have been demo’d by the City…
Further, Dalene McFadden (Dalene Keno is her maiden name) asserted at the November WPNA meeting that there was no previous relationship between her and Dorothy Oldham, the applicant to transfer the liquor license. This is patently not true. According to property records on file with Marion County Recorder, Dalene is on the title to 1202 W 30th Street in 2003. In fact, there are lot of title transfers between Dorothy Oldham and George Willie Anderson for 1202 W 30th over the years – this is a common tactic used to delay tax sale proceedings when property owners are tax delinquent. Reference also 1168 Udell, another blighted property owned by Dorothy Oldham. I believe these longstanding relationships is why the McFaddens are seeking to purchase this particular liquor license.
As the owner of Big Fella’s and the vacant lot (parking lot) “for thirty years”, Gene McFadden has been a bad neighbor. As a restaurant, Big Fella’s has never been operated by an experienced restaurateur in the recent past, but rather by Gene’s friends and relatives according to IN SOS filings dating to 1986. In addition to using the properties at 34th & College outside of their zoned uses, Gene has allowed an illegal club to operate upstairs that served liquor, allowed his nephew (a lifetime registered sex offender) and a “partner” (whose identity remains mystery…) to operate illegal underage events as recently as summer 2012, and allowed a nuisance business (body shop/garage) that has attracted both prostitution as well as drug buyers to the area to operate from his building. There are currently almost $5400 taxes due between the two properties. Additionally, Gene’s Freight Masters business partners have asserted that he acted inappropriately – see IBJ article detailing Freight Masters bankruptcy filing from 12/2009.
I’m not trying to slander Gene and Dalene McFadden, rather presenting facts that would help to round out a picture of their character as business people in our community. I believe in looking at “the good”, which has been well documented over the years, as well as other facts like those I have collected here that are not as well documented but outline connections and events which are not as linear.
In my opinion, the McFaddens have been bad neighbors for at least a decade. They have made recent, numerous false or misleading assertions (“we have no previous relationship to Dorothy Oldham”, “1202 W 30th is a vacant lot”, “Big Fella’s is now under new management”) in public meetings, and other public records indicate a long history of questionable business practices. I’m all for beneficial private investment in Mapleton-Fall Creek, especially when it comes to establishing new restaurants and other neighborhood retail establishments. However, I believe the McFaddens and their nephew Mr. Blackmon have a long way to go to establish trust with the greater Mapleton-Fall Creek community. I am opposed to the transfer or establishment of any liquor license at Big Fella’s until such a time when the McFaddens have demonstrated a willingness to actively engage with neighbors and stakeholders in a long-term and meaningful way and prove their commitment to becoming “good neighbors.”
Tyson Domer
3370 Broadway
owner
3344 Broadway
3352 Broadway
3353 Broadway
3357 Broadway
3360 Broadway
3415 Broadway
3419 Broadway
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Thursday, November 21, 2013 5:32 PM
To: Isaiah Kuperstein; Michael Terry (chair of MFCDC Economic Development Committee); Leigh Riley Evans; Sarah Wiehe
Subject: Fwd: Big Fella's - Next Steps
Leigh,
At the MFCNA meeting, the McFaddens gave their presentation, there was no discussion, and Al indicated it would be supported. He had actually told Michael McKillip that MFCNA would offer support for the liquor license long before it was even presented at the meeting. Not appropriate, but expected.
At the Watson Park NA meeting, the McFaddens gave their presentation, there was robust discussion, and the members present decidedly unanimously to oppose the license, and further indicated that they weren't too willing to work with the McFaddens until they demonstrated sustained 'good neighbor' and good faith behavior - something absent from their relationship with the neighborhood for the last decade.
Some weeks ago, without first consulting neighborhood groups, stakeholders, or adjacent property owners (including Sarah and I), Duane from MFCDC offered his personal opinion favoring the license when he was queried via email. This was premature if not inappropriate.
Now the CDC is bending over backwards to accommodate the McFaddens when they haven't even engaged with MFCDC appropriately, presumably via the ED committee, in the first place.
I'm baffled as to why the CDC is committing so much energy to this controversial issue prior to taking the temperature of constituents. Please help me understand MFCDC staff's position on this.
Thank you,
Tyson
Begin forwarded message:
From: "Leigh R. Evans" <le...@mfcdc.org>
Date: November 21, 2013, 4:06:11 PM EST
To: "kevinwar...@yahoo.com" <kevinwar...@yahoo.com>, "in...@watsonpark.org" <in...@watsonpark.org>, "'dougd...@mindspring.com'" <dougd...@mindspring.com>, "mw...@zplaw.com" <mw...@zplaw.com>, Dianne Madison Montgomery <montgome...@lilly.com>, "ty...@hundredyear.net" <ty...@hundredyear.net>, Michael McKillip <mic...@midtownindy.org>, "ah...@hcet.org" <ah...@hcet.org>, "william...@indy.gov" <william...@indy.gov>
Cc: "'tcol...@broadwayumc.org'" <tcol...@broadwayumc.org>
Subject: Big Fella's - Next Steps
Hello and thank you for the spirited exchange regarding the Liquor License application for the Big Fella's Restaurant.
In addition to several email exchanges, I've been in regular conversations with Dale & Gene McFadden about the communities concerns, fears and desires.
The position of the CDC, regarding the liquor license, will be decided on Tuesday, November 26th. Prior to that I'd like the opportunity to formulate a MOU with the McFadden's who have agreed to "whatever is necessary to make the community comfortable" as we mutually work toward a successful, restaurant in the area.
Kevin, It is my request that before and during the November 25th Watson Park meeting (6:30pm @ TAB), a list of covenants/terms be defined? This list would then be shared with the McFadden's and resolved before 11/26.
Some of the items might include:
-- no adult entertainment or under 21 events
-- no alcohol carried off premises
-- ceasing operations by a specific time
-- regular (increment TBD) updates to MFCDC Economic Development Committee or HWP Neighborhood Association
Mark, would you be willing to provide a template or guidance for the document?
I truly believe that a strategy can be established and our bias toward change in this commercial node will be realized.
PS. The December 2nd hearing will occur at 1pm on the second floor of the City County building and the auto repair tenant in the same building as Big Fella's Restaurant has been evicted. He is scheduled to be out of the building by December 1, 2013.
Leigh Riley Evans chief Executive officer
Mapleton-Fall Creek Development Corporation
130 E 30th Street, Indianapolis, IN 46205
317/923-5514 x225 · le...@mfcdc.org
Live Life Better In Mapleton-Fall Creek
Website // E-news // Facebook // Twitter
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Saturday, November 09, 2013 11:03 AM
To: 'Isaiah Kuperstein'
Subject: FW: Big Fellas Liquor License
FYI-
Michael McKillip told me that Al & Clara are “supportive” of this liquor license. See my email to Clara below, which I expect to go unanswered. Maybe you could email Al and/or Clara…
Also, I was a little peeved that Duane weighed in on this matter with his personal opinion. Yes, we have the CDC and CDC staff to use their judgment to make good decisions for the neighborhood. However, Duane does not live here, so I expect his role and responsibilities as a CDC staffer to dominate his advocacy. In other words, Duane needs to check with the neighbors and stakeholders before he forms a public position on these issues. Your thoughts?
…working in front of the computer today – I will give you a call this weekend – when is a good time for you?
Tyson
From: Tyson B. Domer [mailto:ty...@hundredyear.net]
Sent: Friday, November 08, 2013 10:17 AM
To: 'Clara Warner'
Subject: Big Fellas Liquor License
Clara-
I wanted to get your take on the application for the transfer of existing liquor license to Big Fellas. My understanding is that this a “210” license that would allow “beer, wine, liquor for on/off premise consumption.” I’m concerned about the allowance for “off premise consumption” which allows beer, wine, and liquor to be sold in “retail packaging”, essentially allowing Big Fellas to operate as a liquor store. What is your opinion on this, and do you have a sense of what position the MFCNA will take on this application?
Thanks,
Tyson
PS – I’m also still hoping to schedule some time to discuss the Midtown Economic Council. I think it’s important for the neighborhood to always be up-to-date and aware of what’s happening regarding the TIF.
From: Doug Day [mailto:dougd...@mindspring.com]
Sent: Friday, November 08, 2013 10:04 AM
To: 'HQ'; 'Carter, William'
Cc: 'Michael McKillip'; ty...@hundredyear.net; 'Duane Ingram'; 'Leigh Evans'; 'Sarah Wiehe'
Subject: RE: "Big Fellas" Liquor License
These discussions are fantastic and indicate that we actually care about our neighborhood. BIG thanks to Sgt Carter for his help!
How about we have dinner at Big Fellas and talk with the owners? We can make our concerns clear and unambiguous. And enjoy some good food. Suggest Nov 24th, Sunday. 5:00. I know my calendar is getting busy and Dec booked already.
Where are we in the status of the permitting process? When is the next hearing? Has any liquor license been approved? Turns out we have two lawyers in HMP who are good friends and experts in this area. Mark Web and Lee Smith. If useful, we can include them.
I think we have two issues going here.
One is to make sure this is not a carry out liquor store. Personally, this is not a huge issue for me, as there are other places nearby that already sell liquor on a carry out basis. Isaiah, I am not sure carry out and out of control are the same. I want this restaurant to succeed and if allowing them to sell carry out liquor helps towards that I am OK with it. But, I understand others have an issue here. If you think limiting carry out cold beer to outside of MFC decreases cold beer purchases and consumption within MFC I need to introduce you to my next door neighbor. Hood liquor stores have the prison feel with the bullet proof glass and a turnstyle passthru. Visit Vicki’s just west of Meridian on 30th. I cannot see how this would work at Big Fellas. It is not at all set up to be a package liquor store. This may simply be a misunderstanding. Maybe they want to let someone like me walk out with a half consumed bottle of Cabernet?
Two is the issue related to the history of underage “past activity” and we MUST make absolutely sure this does not happen again. This is the big issue, IMHO.
I do want to have a nice restaurant in my neighborhood where I can enjoy a glass of wine……. that stays open!
Just my .02 Greek Euros worth,
Doug
From: HQ [mailto:h...@double8foods.com]
Sent: Thursday, November 07, 2013 5:44 PM
To: Carter, William
Cc: Michael McKillip; <ty...@hundredyear.net>; Duane Ingram; Leigh Evans; Doug Day; Sarah Wiehe
Subject: Re: "Big Fellas" Liquor License
In my mind the key issue is booze off premise, no matter the form it takes. Off premise means out of control no matter what promises are made. I'd like to get the input of Al & Clara on this.
Isaiah
Sent Express....
On Nov 7, 2013, at 5:20 PM, "Carter, William" <William...@indy.gov> wrote:
Greetings,
The use of a restaurant at the location is not of too much concern. I advised the owner at the hearing that I am concerned with the types of events they had earlier this year. They are zoned C3 so the dancing and live entertainment would not be allowed. She did apologize and stated that her nephew had attempted the under 21 events without her knowing. I believe that she is willing to agree to not any adult entertainment or under 21 events. I will take any suggestions anyone may have though.
William Carter
Detective Sergeant Nuisance Abatement
Indianapolis Metropolitan Police Department
Department of Public Safety
50 N Alabama St
Indianapolis, IN. 46204
Fax:(317)327-3192
From: Michael McKillip [mailto:mic...@midtownindy.org]
Sent: Thursday, November 07, 2013 4:00 PM
To: ty...@hundredyear.net; 'Isaiah Kuperstein'; 'Duane Ingram'; 'Leigh Evans'; 'Carter, William'
Cc: 'Doug Day'; 'Sarah Wiehe'
Subject: RE: "Big Fellas" Liquor License
IMPD remonstrated against this at the last hearing. I have been talking with Sgt. Carter about it. I ate at the restaurant recently (along with Doug and our significant others) to see for myself and it would be nice to have a beer or glass of wine with dinner. But it was not my understanding they were looking for an “off premise” license. Doug and I discussed this subject with the nephew, “Ryan” and he indicated he was working Sgt. Carter. I do not believe IMPD was support of off premise. I wonder if this is a separate hearing from the last one or a continuation of the previous hearing?
I have copied Sgt. Carter on this in hopes that he can weigh in.
As an area resident I would be willing to support an on premise, but off premise and large rental events on site make me very nervous given past activity at the site and that the operators today seem to be the same individuals previously involved in the otherwise questionable activity.
From: Duane Ingram [mailto:Du...@mfcdc.org]
Sent: Thursday, November 07, 2013 3:32 PM
To: Isaiah Kuperstein; Tyson B. Domer
Cc: Leigh R. Evans; Tyson Domer; Michael McKillip; Doug Day; Sarah Wiehe
Subject: RE: Liquor License
I am assuming they are looking to offer adult beverages as a menu item. I would not be opposed to that, but think the “off premise” consumption portion could create a problem. What are your thoughts? Are there any plans to engage the MFC NA regarding this issue?
Duane Ingram, MFCDC
130 E 30th Street, Indianapolis, IN 46205
317/923-5514 x227 · du...@mfcdc.org
From: Isaiah Kuperstein [mailto:h...@double8foods.com]
Sent: Thursday, November 07, 2013 3:30 PM
To: Tyson B. Domer
Cc: Duane Ingram; Leigh R. Evans; Tyson Domer; Michael McKillip; Doug Day; Sarah Wiehe
Subject: Re: Liquor License
Thank you for getting on top of this quickly, Tyson. Just for the record. Our store does NOT sell liquor and I would hope that this type of product not be promoted in our neighborhood.
Isaiah
On Thu, Nov 7, 2013 at 3:07 PM, Tyson B. Domer <ty...@hundredyear.net> wrote:
This is the new “Big Fellas” restaurant at the SE corner of Fairfield & College, recently opened as “Fairfield Soul” for a short minute. I’m getting some background on the petitioner right now. As Isaiah notes, there is a provision in the type of permit (210) that they are seeking to transfer to that location allowing on/off premise consumption. This is essentially the ability to sell liquor in its retail packaging, which would allow the restaurant to function much like a liquor store.
Tyson
From: Isaiah Kuperstein [mailto:h...@double8foods.com]
Sent: Thursday, November 07, 2013 2:21 PM
To: Duane Ingram; Leigh Evans; Tyson Domer; Michael McKillip
Subject: Liquor License
Not sure if the notice I got means anything, and not sure what the establishment is, but I think it should be looked at given that ON/OFF premise liquor is being entertained.
--
Double 8 Foods
2201 E. 46th St.
Indianapolis, IN 46205
--
Double 8 Foods
2201 E. 46th St.
Indianapolis, IN 46205