11-13-06 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 13, 2006 th Mr. Larry Zehring, 1017 S. 26 Street, South Bend, Indiana, spoke against the closing of this alley. Mr. Zehring stated that crime and vandalism was mentioned as a reason for closing this alley. Mr. Zehring stated that he went to the South Bend Police Department to get a list of how many times the Police Department was called out to take a report. The South Bend Police Department’s records show that no reports were filed on vandalism in that area. He doesn’t think that cars driving down the alley and splashing mud or whatever on the siding of Mr. Davis’ home should constitute the closing of the alley. Mr. Zehring stated that he uses this alley a lot. He drives his car down that alley, he walks down that alley, his grand kids use that alley. He uses that alley and he doesn’t want to see the alley closed, because once you close the alley, it will never be an alley again. He urged the Council to vote against this bill. th Mr. James Hall, 1106 S. 26 Street, South Bend, Indiana, spoke against the closing of this alley. He stated that he has watched many children using this alley. They use it to cross the street. Mr. Hall stated that he uses it a lot to get to his home . He stated that emergency vehicles use this property also. th Ms. Amanda Johnson, 1101 S. 26 Street., South Bend, Indiana, spoke against the closing of this alley. This alley is used for pedestrian and vehicle traffic. If you close the alley it will take away from the safety of her children using this alley to get back and forth from friends houses. The people that are causing the problems do not live in the neighborhood. When you live in the City, there are just some things that you have to be tolerant of and this is one of those things. th Ms. Michelle Deal, 1023 S. 26 Street, South Bend, Indiana, spoke against this bill. Ms. Deal stated that she has lived there for 10 years. The alley is a public access, she uses this alley, her family uses this alley. She stated that she does not want this alley closed. Ms. Deal urged the Council to vote against this bill. th Ms. Tina Caparell, 1017 S. 27 Street, South Bend, Indiana, spoke against this bill. She stated that she lives 3 houses northeast of the proposed alley vacation. Ms. Caparell stated that the issue has been debated on where the neighbors use the alley or don’t use the alley. The issue of a compromise was brought up this afternoon at the Committee Meeting. This compromise was to allow pedestrian traffic, however, the petitioner chose not to agree to the compromise, because he received a favorable recommendation from the Committee to allow this alley vacation. Ms. Caparell advised that she surveyed several of the neighbors, thirteen in total, the remainder were not owner occupied homes, they were rentals. The thirteen neighbors were all opposed to the closing of this alley, due to the inconvenience, difficulty, or just don’t want it closed. Ms. Caparell noted that one of the co-petitioners has not been present at one meeting. She stated that there have been three neighbors that have been present, took time off, to be at every meeting to try to address this issue. Ms. Caparell stated that this is a democratic process and voices should be heard. She stated that the thirteen residence should have a voice over the two who are in favor of this vacation. This is a small issue for the Council, however, it is a huge issue for the thirteen residents who oppose the closing of this alley. In Rebuttal, Mr. Marshall noted that the petitioner has met all the safety issues. He noted that this issue of pedestrians and vehicles being in the same place is an unsafe condition. The petitioner is mindful of the inconvenience that this may cause, however, these neighbors do not live on the alley and are not the subject of the speeding vehicles and vandalism. Mr. Davis stated that he lives next to the alley 24/7, the neighbors don’t. Councilmember Puzzello asked the petitioner if they are the only two that abut the alley that is proposed to be vacated? Mr. Marshall responded yes, Mr. & Mrs. Davis and Mr. Taylor are the only two that abut the alley. 8