08-23-99 Council Meeting Minutes

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REGULAR MEETING AUGUST 23, 1999 Mr. Nowak stated that in 1981 the proposed alley to be vacated was paved at the expense of the property owners. The Zahoiran Funeral Home has since repaved and resealed the alley and have noticed an increase in traffic utilizing the alley. In 1993, in response to ADA requirements, handicapped parking was added. Mr. Nowak stated that their number one priority is safety. If this alley is closed, gates will be installed which will be retractable for trash removal and activities at the funeral home. He noted that property owners will have access when that gate is open. In conclusion, Mr. Nowak stated that they have no objections to the requirement to provide easements. 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 address the Council in support of this bill. Ms. Bridget Fordsmith, Mishawaka, Indiana, informed the Council that she has a question on behalf of her grandmother who lives at 919 West Calvert Street. Ms. Fordsmith inquired how often the gate would be in position as they park by their grandmother's garage which is off of this alley. She also inquired if they would be able to open the gate or would just the funeral home have access. Ms. Maureen Wojciechowski, 204 West IOth Street, Mishawaka, informed the Council that she is the daughter -in -law of Mrs. Cecelia Wojciechowski who resides at 919 West Calvert Street. She stated that the family is not opposed to the alley closing but noted that it will pose an inconvenience to family members due to the fact that her mother -in -law's garage faces the alley. Ms. Wojciechowski stated that her telephone calls to district Councilmember Ujdak concerning this matter were not returned. In conclusion, she stated that this alley closing will make it inconvenient for the family and inquired what will their access be when it is closed. Mr. Mike Shobrgh, 1119 Park Street SW, Grand Rapids, Michigan, informed the Council that he is the son -in -law of Mrs. Wojciechowski, inquired if the installation of the gate was going to be for the business or personal use of the funeral home. He noted that when relatives visit the best access is from Kemble Street. He stated that his concern is whether the gate will be open for holidays and parties. He noted that he doesn't believe that will be the case and they will be denied access because of the fence. Mr. William T. Ford, no address given, also a son -in -law of Mrs. Wojciechowski stated that when the neighbors have parties they end up throwing balls in his mother -in -law's yard and that is the main reason they want the alley closed off. He stated that they need to be able to get to their mother - in -law's and the alley is not a playground. In response to the concerns raised above, Mr. Nowak stated that the gate will be open during business hours 9:00 a.m. to 5:00 p.m. and in the evening when the funeral home has visitations. When there are no visitations, it will be locked and only the funeral home will have the ability to open the gates. He noted that there is full access off of Calvert Street and the gate is no where in the vicinity of Mrs. Wojciechowski's property as it will be further north. President Coleman stated that as a point of clarification he wanted to note that family members of Mrs. Wojciechowski were present at the Public Works and Property Vacation Committee meeting this afternoon and they participated in the process of agreeing to the easements. Councilmember Varner, Chairperson of the Public Works and Property Vacation Committee, noted that a son -in -law from Ohio and a daughter and her husband, as well as Mrs. Woj ciechowski and Mr. Nowak were present at the committee meeting and at that time there was an agreement reached which seemed to satisfy all parties which addressed their concerns about access from both directions as well as security. Council Attorney Kathleen Cekanski - Farrand indicated that her notes reflect that the members of the Wojciechowski family present at the afternoon committee meeting were Mary Jane Kline, Tom Wojciechowski, John Kline and Cecelia Wojciechowski. These individuals were satisfied that Mrs. Wojciechowski's interests were addressed.