11-13-06 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 13, 2006 PUBLIC HEARINGS BILL NO. 63-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PLEASANT STREET FROM THE EAST RIGHT OF WAY TH LINE OF 26 STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF THE RIVER ST PARK 1 SUBDIVISION OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Gary Gilot, Director of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, reported that the Engineering Department indicated that the neighbors north and south should provide cross-access easements to each other or otherwise agree on disposition of the vacated area. Mr. Gilot further noted that the Board of Public Works submits this bill to the Council with a favorable recommendation. Mr. Eric Marshall, Attorney at Law, 1318 Mishawaka Avenue, South Bend, Indiana, made the presentation on behalf of his clients, John R. & Cindy L. Davis and Jason Taylor. Mr. Marshall advised that the petitioners are requesting the first east/west alley north of thst Pleasant Street from the east row line of 26 St. to the 1 north/south alley for a distance of 165 feet and a width of 14 feet. Mr. Marshall reported that Mr. Davis has experienced numerous act of vandalism to his property, as well as unsafe speeds and an excess of vehicle traffic down this alley. This vacation would allow for the quality of life to return to the property owners contiguous to this alley. Mr. Marshall stated that a compromise was mentioned in the Committee meeting to allow the alley to be used for pedestrian traffic only. Mr. Marshall stated that this would not stop the vandalism. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Martha Lewis, 308 S. Frances, South Bend, Indiana, spoke in favor of this bill. Ms. Lewis indicated that she is the Citizen Member on the South Bend Common Council’s Residential Neighborhood Committee a committee that oversees the various activities of the Neighborhood Partnership Centers & issues related to neighborhood development and enhancement. Ms. Lewis stated that she was in favor of closing this alley. She stated that after hearing comments made in the Committee meeting this afternoon, there’s just too many people using this alley as a main thoroughfare. She further noted that the combination of vehicle traffic and pedestrian traffic is not a good combination. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. 7