Council approves sewer costs, tables vacating right of way

BY THERESE DONNELLY

The New Buffalo City Council approved an agreement with a private landowner and tabled another during their Tuesday, Feb. 22, meeting.

On the recommendation of City Manager Darwin Watson, the council approved an agreement to pay part of the costs of sewer repair work at 29 Norton Street. Versaw Earthworks has estimated the work will total $12,400 and the city has agreed to pay $5,000, with the property owner paying for the work done to the property line.

Watson explained to the council that the 2020 ordinance that establishes property owners are responsible for all costs related to sewer blocking, backups and repairs had been amended in late 2021 to resolve conflicting wording; however, before that amendment passed, the Norton property owner contacted the city regarding sewer issues. Due to the unique circumstances, Watson said, the city would pay a portion of this specific repair work, but it would not set a precedence that the city would pay for any similar issues in the future.

Watson also presented the council with a proposed agreement, which would vacate a portion of city owned property on North Whittaker to resolve an existing encroachment into the right of way. The property at 317 North Whittaker St. was found to have built a small portion of its porch on the city right of way, but the owners cannot easily access the building without it. Under the proposal, Watson said the city would vacate the encroached area in exchange for the owner signing a Real Estate Conveyance Agreement and paying the city $2,500.

Councilmember Lou O’Donnell questioned the wisdom of ceding city property. He said he was in favor of settling the matter but was concerned that giving up the land, which is adjacent to the Whittaker Street bridge, could cause issues in the future if the bridge is widened or a pedestrian bridge is added. Mayor John Humphrey said tentative plans for a pedestrian walkway placed it on the west side of the current bridge, which is across from the property in question, but O’Donnell pointed out that nothing definite has been determined. The council tabled their decision pending further information from city attorney Nick Curcio. In two separate motions, the council set alternate dates for the Board of Review to review and correct errors in the annual property tax assessment roll. Watson said state guidelines set the board to meet on the Tuesday after the third Monday in July and December but as some tax assessors serve multiple communities, alternate dates need to be approved in case the assessor is not available on those dates.

The council also approved poverty exemption income guidelines for tax exemptions.

Work continues on the zoning ordinance review and Watson said both the council and the Planning Commission will likely see a draft in 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

Watson also review needs to be extended indefinitely. presented the Later in the meeting, the council council with approved a resolution to recommend a proposed all members of the Zoning Board of agreement, which Appeals complete training from the would vacate a Michigan Association of Planning. The portion of city city will provide the training. owned property on Don Stonerburner has resigned North Whittaker to from the Planning Commission and resolve an existing the council voted to appoint Debbie encroachment into Schmidt to complete Stoneburner’s the right of way. term, which ends in May 2023. The property at 317 Schmidt has previously served on The

North Whittaker Pokagon Fund Board of Directors, the

St. was found to city’s lifeguard committee and the North have built a small Whittaker Street Project subcommittee. portion of its porch She told the council she is hopeful that on the city right now that the Planning Commission is of way, but the finished with short-term rental issues, owners cannot it can focus on other matters, including easily access the decisions about marijuana business building without it. licenses and updates to the Master Plan. Under the proposal, On the request of councilmember

Watson said the Mark Robertson, he was replaced city would vacate as Galien River Sanitary District the encroached alternative representative by Watson. area in exchange Robertson explained to the council for the owner that Watson is more involved with the signing a Real GRSD’s work and would be a better Estate Conveyance alternate for the city. Humphrey

Agreement and remains the city’s representative. paying the city $2,500.

The 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.