Bertram Street temporarily closed to vehicle traffic

Bertram Street and two additional undeveloped city roads in the Trout River Grove have been temporarily closed to vehicle traffic, following action Monday by members of the Rogers City Council. It was action made by council to ?preserve the peace, until this is all sorted out,? said city attorney Mike Vogler. Closing the undeveloped roads in the Trout River Grove was one of two recommendations made by Vogler. The other was the city?s formal acceptance of all the platted streets, alleys, and right-of-ways in the plat of Trout River Grove. The issue surfaced when Rogers City resident Darla Budnick went before the city council earlier this month to ask about a 50-foot stretch of Bertram Street, from Linden Street to Lake Huron.

THE CITY PORTION of the road has been narrowed in front of the Karl Woloszyk residence because of several trees that have grown in the middle of the road, and improvements the property owners have made to their driveway. Recently, the two property owners on both sides of Bertram Street extended their driveways to the right-of-way of Linden Street and work permitted by the city. Budnick asked if she was still able to access the lake, just as she has for many years, because the Woloszyks have asked her to leave the area. In the nearly two weeks since the September 5 city council meeting, the Woloszyks have reported numerous people pulling in front of their home. Saturday, Kathy Woloszyk said she stopped counting at 40 vehicles. Some blocked her driveway and created a disturbance. Michelle Brege appeared at Monday?s city council meeting on behalf of the Woloszyks and said they have been ?harassed continuously. Childish behavior like that should not be condoned. I feel the issue needs to be resolved as quickly as possible.?

VOGLER BELIEVES Bertram Street had not been open to traffic before the issues were raised. ?I have heard that there have been people coming in and parking. It appears to be an attempt to show that they can do it, and for no other reason. I see it probably headed to court,? said Vogler. At the beginning of the discussion, mayor pro-tem Deb Greene offered an apology for everyone involved in the Bertram Street situation. ?I think that this has gotten way out of hand,? said Greene. ?I don?t think that we did the right thing to allow this to happen without going through the right procedures. None of us up here, as far as the council members, had any clue as to what was going on, until Darla brought it to our attention. We do have avenues to take care of this. The proper avenues were not used.? Vogler said the formal acceptance of the roads ?may or may not make a difference,? but in the event that the matter goes to court ?it may have relevance to how the case is decided. It is a very complicated area of the law.?

?Generally, these are cases involving adjoining lot owners. Every situation is different. Some people want the street there. They want the city to develop it. The

alternative is they are going to have to develop it themselves, and maintain it themselves. They want the public utilities in there.? He said the property owners would have to initiate any action to have the street vacated. Bertram Street extends across Linden Street to the west, but has wooden poles blocking access. Councilman Jim Sinclair, who visited the property owners, suggested the road be professionally surveyed and the police department be given guidance on how to handle ?people that put 40 cars in a day on that property, and tooting their horns at night and playing loud music at night. That?s harassment!?

VOGLER SAID the situation was discussed with police chief Matt Quaine and interim city manager Theresa Heinzel. ?We have laws on the books to deal with all of that,? said Vogler. The last survey was conducted in 1990. According to Quaine, there were no disturbances reported or logged by on-duty officers that evening. Budnick said she had been there two times in the last couple of weeks. On one of the occasions she had her vehicle and passengers photographed by Mr. Woloszyk. The vote to close Bertram Street and the other undeveloped roads in the Trout River Grove plat was approved unanimously, while the vote to have the city formally accept the streets, alleys, and right-of-ways was 3-1. Sinclair said he voted ?no? because he did not understand the issue, but later said he could not hear Vogler when he was speaking, and asked to change his vote. The Department of Public Works was directed to post signs to indicate the city has closed the roads, although the Woloszyks already had posted a handful of signs that state ?Please do not block the road or our driveway.?