05-27-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MAY 27, 2008 and closing access to the back of the properties would be a hardship. She stated that she has lived in the area for ten years and have not experienced any crime in the alley. Ms. Hughes stated that she is aware that things happen on occasion, but closing this alley is not the way to prevent them. Mr. Bradley Bartholomew, 1022 Woodward Avenue, South Bend, Indiana, stated that he owns and rents along with his parents the home directly behind Mr. Neises. Mr. Bartholomew advised that they have owned the property for thirty-five years and in that time they have not experienced much car traffic. He stated that when his father would paint the home, he would park his car in the alley to make sure people would not hit the ladder. Mr. Bartholomew stated that he has been doing yard work at the home just recently and agrees with the neighbors that there are few cars that go through the alley. There are more walkers and bike riders than cars. He noted that they have not experienced any kind of break-ins or vandalism. Mr. Bartholomew stated that he cannot see closing this part of the alley for just one person’s benefit, because it would affect so many more. In rebuttal, Mr. Neises clarified a couple of points, first, on safety. He stated that it was his own personal safety, for his wife and grandchildren, not necessarily addressing public safety issues. He stated that the board door on the alley is because this property was a rental and it is his desire is to rehabilitate it and make it useable and accessible and he doesn’t think a boarded door gives the kind of impression he is trying to create as they rehab their property. The grapevine over the fence was just overgrown vegetation that prevented access and use of the garage, so as a part of making the property usable that needed to be taken down so that he could get in and out of the garage. He noted that the Board of Public Works stated that in their review that the Fire Department did sign off and stated that they did not have any issues with the closing of this portion of the alley. Mr. Neises stated that the automobile traffic is not heavy, but when vehicle do go down the alley they travel at speeds greater that he thinks are safe. He asked the Council for their favorable consideration. Councilmember Varner made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE EAST/WEST ALLEY NORTH OF LASALLE AVENUE FROM NOTRE DAME AVENUE EAST ALONG THE NORTH LOT LINES OF LOTS 7, 8 AND 9 OF DUNN’S SUBDIVISION FOR A DISTANCE OF 116 FEET AND A WIDTH OF 10 FEET BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Puzzello made a motion to amend this bill by changing Section V. to read as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, subject to a blanket access easement approved as to form by the Board of Public Works which is properly recorded with a copy of the same being filed with the office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Vice-Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with no recommendation due to the lack of a quorum. Mr. Tim Sexton, St. Joseph Regional Medical Center, 4215 Edison Lakes Parkway, Suite 300, Mishawaka, Indiana, made the presentation for this bill. 4