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7 <br />comparable to transportation projects as these are private projects. He said he is <br />concerned about what precedent we would be setting. <br /> <br /> Mr. Cox noted that the City has shared in infrastructure costs for pri vate <br />development, and he thinks we need to have new tools when going in a new direction. <br />He said we have to be able to visualize the new zoning ordinance for the public. <br /> <br /> Ms. Richards made a motion to approve the concept for the RFP for design <br />services o n Preston Avenue and Cherry Avenue, and Mr. Caravati seconded the motion. <br /> <br /> Mr. Schilling said he thinks this money could be spent on something more <br />valuable. He said that perhaps the money should be spent out of Neighborhood <br />Development Services rather t han Economic Development. Mr. Schilling said he thinks <br />we are fooling ourselves that we can test everything in the new ordinance. <br /> <br /> The zoning ordinance evaluation was approved by the following vote. Ayes: Mr. <br />Caravati, Mr. Cox, Ms. Richards. Noes: Mr . Lynch and Mr. Schilling. <br /> <br />ORDINANCE <br />: CLOSING ALLEY OFF STONEHENGE AND ROCKLAND <br />AVENUE <br /> <br /> Mr. Ron Higgins, Planner in Neighborhood Development Services, said that a <br />petition has been filed to close a paper alley, with no physical improvements, off of <br />Ston ehenge and Rockland Avenues. Mr. Higgins said that three property owners, <br />representing four properties, oppose the closing. He said that the Planning Commission <br />voted six to one to recommend closing of the alley. <br /> <br /> Mr. Lynch made a motion to approve the ordinance closing the alley, and Ms. <br />Richards seconded the motion for discussion. <br /> <br /> Mr. Schilling noted that the street closing policy says "all property owners should <br />support" the closing. <br /> <br /> Mr. Higgins said that staff did not recommend closing the alley because their <br />position is not to recommend closing if someone who has access to their property from <br />the alley or street opposes the closing. <br /> <br /> Responding to questions from Mr. Schilling, Mr. Higgins said that people <br />supporting closing the alley raised safe ty concerns primarily about unauthorized use of <br />the alley. Mr. Higgins said that maintenance and routine police enforcement are not <br />typically something the City does for alleys, but the City might help facilitate this for the <br />residents. <br /> <br /> Mr. Brown said t hat if the City starts policing and maintaining alleys then it may <br />in fact become the City's responsibility. <br /> <br /> Mr. Schilling asked if the adjacent property owners carry the responsibility to <br />maintain the alley, and Mr. Higgins said yes. <br /> <br /> Responding to a q uestion from Mr. Schilling, Mr. Brown said that the City does <br />not actually own alleys this old, and if they are vacated the property conveys to adjacent <br />property owners and the public right to access is vacated. <br /> <br /> Mr. Schilling asked about the legal rights of the property owner who opposes the <br />alley closing, and Mr. Brown said that he does not foresee a problem. He said it has <br />been Council's practice not to close an alley if there is opposition, but Council does have <br />the discretion to close it. <br /> <br /> Ms. Rich ards asked if citations to adjacent property owners is a likely outcome to <br />not closing the alley, and Mr. Higgins said that could happen and in fact there have been <br />some citations for debris in the alley. <br /> <br />