07-14-03 Council Meeting Minutes

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REGULAR MEETING JULY 14, 2003 other efforts, they have proposed to vacate this alley. Both properties adjacent to the alley are owned by property owners who have dedicated their time and efforts into promoting the area. Mr. Kim stated that he is presenting this bill as part of the final stages of the Model Block Program. Mr. Craig Craft, 1111 Kinyon Street, South Bend, Indiana, advised that his property is directly east of the alley area and the two (2) reasons for vacating the alley are safety and security. He noted that there are a number of children in the area that ride their bicycles through the short section of alley and on occasions individuals speed through the alley. He further noted that the intersection of the alley has a privacy fence and there is a large tree on the second corner so it restricts the amount of vision. In regards to the security issue, Ms. Riggs has had her car damaged so she would like to use that section of the alley to be able to park her vehicle. She will use the access to the alley for that purpose. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to the bill: Mr. Kurt Kaufman, 1120 Rose Street, South Bend, Indiana, informed the Council that he and other neighbors use this alley. He stated that from 1110 Rose Street to 1134 Rose Street, property owners keep up their part of the alley. However, from where they intend to close the alley and further down, the alley cannot be driven through. Also, during the winter, garbage trucks get stuck in that alley. He stated that because debris is thrown into the alley, he uses the side alley to get in and out and it would be a safety hazard if he had to back out into Kessler Boulevard to get out of his property. Mr. Kevin Schermerthom, 1120 West Rose Street, advised that he agrees with Mr. Kaufman's comments. He stated that he uses the alley and last year when the curbs were redone, the driveway leading to that alley was repaved with taxpayer dollars. In regards to the safety concern, he stated that he has children and to some extent there is a safety concern but if the children are not brought up right they are going to go out in traffic and it is not due to the alley. Mr. Schermerthorn stated that without the other end of the alley being cleaned up they have no alternative but to use this alley and that is the route they use. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Kim advised that in terms of taxpayer money going into the paving of the alley, the alley is not paved. He noted that there was a sidewalk approach that was put in as part of the Model Block Program and subsequently the interest to vacate the alley was posed by the petitioners. He noted that there was discussion with the City's Engineering Department to have that approach removed which would further complicate the problem. However, the fellow Petitioner, Ms. Debora Riggs, intends to use the alley approach as a driveway to park her vehicle. Mr. Kim stated that this alley is not the only other access point but it is an auxiliary access point. He acknowledged that often the snow is not plowed there and that service vehicles would not be able to negotiate the turn around the tree in order to even utilize the alley. Mr. Kim stated that there are three (3) or four (4) garages that access into the alley parallel to Kinyon Street between Kinyon and Rose.