LLC

City Council declines proposed sale of city-owned lot, approves lease agreement with New Buffalo Development Partners, LLC

with the concrete part and “why they didn’t approve these two change orders,” she said, During their June 22 meeting the Council took a moment to mark the passing of former City Councilmember and Mayor Pro-tem Elizabeth Ennis. Councilmember Lou O’Donnell, who served on the Council with Ennis, called her “an unbelievable person” who was humble despite her many accomplishments. He said many who knew her were surprised to learn she had earned a Master’s degree and doctorate, which she never mentioned. Ennis had a long career in educational administration and was involved in many civic organizations. In addition to serving on the City Council for four years, she was also active on the Pokagon Fund and an addendum to his service contract saying Friends of the Library. The New Buffalo City Council held what is expected to be its final Zoom meeting. Mayor John Humphrey said the city has been receiving contradictory information from Berrien County and the state regarding Covid restrictions, but the council plans to be back to in-person meetings in July. The June meeting was also the last regular council meeting of the 20202021 fiscal year. As part of preparations to end the current budget, City Treasurer Kate Vyskocil presented the council with amendments to cover anticipated costs

A bid from Rocky Troxell for $91,000 for up to the end of the fiscal year June 30. Vyskocil explained the recently created Harbor Operations Fund previously had no balance, which would leave the city unable to utilize it for upcoming costs. The council approved transferring $25,000 from the General Fund to avoid this. The transfer will help pay costs associated with repairs to the marina building and the purchase of new stair rails, picnic table and shades. Later in the meeting the council approved a final payment of $11,971.50 to Mead and White for electrical work as part of the marina repairs. Other amendments in the General Fund included costs associated with code enforcement and repairs to the Michigan Street storm drain.

The council voted to un-table a previous proposal to sell a city-owned lot on Jefferson Street to New Buffalo Area Schools at a cost of $15,000 for the building trades program. The lot is currently used by the City Department of Public Works. Humphrey said the school is having trouble finding affordable lots in the city to use. He added that he would prefer and give the lot to school, noting that the program would improve the land in ways the city never would, and would benefit the taxpayers by adding a residence.

O’Donnell expressed opposition to the proposal. He said he agreed with Humphrey that such a transfer would be better as a donation, but questioned what would happen if the city needed the land in the future. He also pointed out market-value in the city is no longer affordable, and there was little way to control who buys the completed house, or what they do with it.

In discussion of possible alternatives, the council said there is city-owned land near Waldon Way, but it would need water and sewer, and neighbors have reported drainage issues. City Manager Darwin Watson said he has met with NBAS Superintendent Dr. Jeff Leslie regarding the lot and he feels they could identify other possible lots and bring those before the council before the new school semester.

The council passed a motion to decline the proposed sale.

Two proposed ordinance amendments, one to Chapter 9 to establish a general business registration, and one to Chapter 15 regarding collection of waste, had their first readings at the meeting. City Manager Darwin Watson explained nothing was set in stone at the first reading and changes could still be made.

Several mobile food vendors have proposed to operate in the city. Due to the increasing number of interested businesses the council approved a $2250 universal fee. Humphrey explained having a set fee would simplify the approval process as the council will not need to determine a fee for each applicant. The fee will be reviewed by the council annually.

Councilmember Mark Robertson expressed concern that the new policy would allow for food trucks, which could impact business at brick and mortar restaurants. Humphrey said there was a need for more dining options in the city.

Robertson and O’Donnell dissented, with O’Donnell saying the agreement was “too open.”

The council approved two-year contract with Outpost Sports to operate a kayak launch near the city boat launch ramp. Outpost previously had a one-year contract with the city, which expired in December 2020.

On the recommendation of the Planning Commission, the council approved Damon Marano’s application for Special Use Permit for outdoor seating at 1 North Whittaker St. Watson said the property in question does not currently have a tenant but hopes to attract one with the changes.

Councilmember Brian Flanagan initially expressed concern that the seating would be close to the busy intersection of Whittaker and Buffalo streets but after seeing conceptual drawings said it was further back than he expected. Watson said several establishments in the city are close to the street.

Then-interim City Manager Rich Killips contacted New Buffalo Development Partners, LLC, the owner of several vacant lots in the downtown, regarding possible future use of the land. There are no current plans to develop the land and the owner is willing to let the city use the lots for a $10 consideration through the end of 2021 to alleviate parking and public space issues in the downtown. Watson told the Council options include creating a pocket park, providing a private parking lot for downtown employees or paid public parking lot, or creating a downtown park area with room for food vendors. Both the paid parking and food vendor options are anticipated to generate revenue for the city.

Flanagan said he would “reluctantly” support the lease but he felt the offer was an attempt on the part of the owner to appease the city without making any long-term efforts on the land. Flanagan noted the city could put money into improving the land, only for the owner to not renew the agreement at the end of the year.

“We have to put pressure on him,” Flanagan told the rest of the council.

The council voted to approve the lease.

From Memorial Day through Labor Day, parking on East Mechanic between Thompson and Townsend streets, and on North Barton between East Mechanic and the Amtrak right-of-way will be limited to three hours and the North Thompson city lot will be a pay parking lot. In his presentation to the council, Watson stated the New Buffalo City Department had determined these changes are needed to allow more shortterm parking in the downtown during summer months.

The council approved the change, with councilmember Roger Lijewski asking that markings make non-parking portions of the streets clear to avoid blocked driveways.

JV Peacock will serve another term on the Downtown Development Authority, with the Council approving his reappointment.

On Watson’s recommendation, the council approved a 50 percent discount on seasonal boat launch passes for veterans and senior citizens age 65 and older.

Before adjourning, the council set a workshop for Wednesday, July 7, at 5:30 p.m.

BY THERESE DONNELLY