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THURSDAY, FEBRUARY 24, 2022
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Council approves sewer costs, tables vacating right of way BY THERESE DONNELLY
he New Buffalo City Council city would vacate the encroached area approved an agreement with in exchange for the owner signing a a private landowner and Real Estate Conveyance Agreement and tabled another during their paying the city $2,500. Tuesday, Feb. 22, meeting. Councilmember Lou O’Donnell On the recommendation of City questioned the wisdom of ceding city Manager Darwin Watson, the council property. He said he was in favor of approved an agreement to pay part of settling the matter but was concerned the costs of sewer repair work at 29 that giving up the land, which is Norton Street. Versaw adjacent to the Whittaker Earthworks has estimated Street bridge, could cause Watson also the work will total issues in the future if presented the $12,400 and the city has the bridge is widened or council with agreed to pay $5,000, a pedestrian bridge is a proposed with the property owner added. agreement, which paying for the work done Mayor John Humphrey would vacate a to the property line. said tentative plans for portion of city Watson explained a pedestrian walkway owned property on to the council that the placed it on the west side North Whittaker to 2020 ordinance that of the current bridge, resolve an existing establishes property which is across from the encroachment into owners are responsible property in question, but the right of way. for all costs related to The property at 317 O’Donnell pointed out sewer blocking, backups that nothing definite has North Whittaker and repairs had been been determined. St. was found to amended in late 2021 The council tabled their have built a small to resolve conflicting decision pending further portion of its porch wording; however, before information from city on the city right that amendment passed, attorney Nick Curcio. of way, but the the Norton property In two separate owners cannot owner contacted the motions, the council easily access the city regarding sewer set alternate dates for building without it. issues. Due to the unique Under the proposal, the Board of Review to Watson said the circumstances, Watson review and correct errors city would vacate said, the city would pay in the annual property tax the encroached assessment roll. Watson a portion of this specific area in exchange said state guidelines set repair work, but it would for the owner the board to meet on not set a precedence that signing a Real the Tuesday after the the city would pay for Estate Conveyance third Monday in July any similar issues in the Agreement and and December but as future. paying the city some tax assessors serve Watson also presented $2,500. multiple communities, the council with a alternate dates need to proposed agreement, be approved in case the assessor is not which would vacate a portion of city available on those dates. owned property on North Whittaker to The council also approved poverty resolve an existing encroachment into exemption income guidelines for tax the right of way. The property at 317 exemptions. North Whittaker St. was found to have Work continues on the zoning built a small portion of its porch on the ordinance review and Watson said city right of way, but the owners cannot both the council and the Planning easily access the building without it. Commission will likely see a draft in the Under the proposal, Watson said the
next few weeks. The council approved the suspension of special use permits for residential buildings in the Central Business and Waterfront Marina districts until the review is complete. The original recommendation did not include an end date for the suspension, but on O’Donnell’s suggestion, the council approved the suspension to last no longer than Dec. 31, 2022 in case the review needs to be extended indefinitely. Later in the meeting, the council approved a resolution to recommend all members of the Zoning Board of Appeals complete training from the Michigan Association of Planning. The city will provide the training. Don Stonerburner has resigned from the Planning Commission and the council voted to appoint Debbie Schmidt to complete Stoneburner’s term, which ends in May 2023. Schmidt has previously served on The Pokagon Fund Board of Directors, the city’s lifeguard committee and the North Whittaker Street Project subcommittee. She told the council she is hopeful that now that the Planning Commission is finished with short-term rental issues, it can focus on other matters, including decisions about marijuana business licenses and updates to the Master Plan. On the request of councilmember Mark Robertson, he was replaced as Galien River Sanitary District alternative representative by Watson. Robertson explained to the council that Watson is more involved with the GRSD’s work and would be a better alternate for the city. Humphrey remains the city’s representative.
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he council approved two contracts for warm weather services. Green Kings Lawn Care’s contract to treat the ball fields at Oselka Park was approved for $10,300. Tru-Green has previously treated the fields but Watson said their work in recent years “left a lot to be desired.” Parks supervisor Kristen D’Amico said last year’s treatment
burned the grass. Robertson noted the new contract was significantly higher than Tru-Green’s but D’Amico said Green King offered more service to more fields and actually came out lower than Tru-Green. She added that a significant amount of work will be needed to get the fields back into condition. Under a two-season contract, Kona Dunes Leasing will have exclusive beach concession rights, except for special events, through 2023. The concession will operate Tuesday through Sunday from the weekend before Memorial Day through the second weekend of August, then weekends through Labor Day. Kona will pay the city $2,500 the first year and $3,500 the second year. The council approved a grant agreement to pay for Humphrey to attend the 2022 leadership accelerator academy hosted at Lake Michigan College. The Pokagon Fund will reimburse the city upon Humphrey’s completion. The council had the first reading of an amendment to Chapter 23 of the city ordinances. Watson explained the change was aimed at restoring the ordinance’s original intent of establishing and enforcing rental housing standards, and some property owners were using the wording of the ordinance to circumvent short term rental ordinances. Prior to adjourning, Humphrey told the council he had heard complaints that the beach parking lot has not been plowed during heavy snow. Humphrey said this has never been done as it pulls city resources from clearing streets, but he was concerned that people visiting the beach in the winter were venturing out on the ice shelf. He pointed out that a man recently drowned in nearby Porter County when the shelf he was on broke. D’Amico said the city previously used cattle gates to block off the parking lot when the beach was closed and suggested using them in the winter.
