Hancock Council approves extension plans for Navy Street
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HANCOCK -- Hancock City Council unanimously approved plans to move forward with the Navy Street development during Wednesday's regular meeting. A tense public comment period made way for the 25-minute discussion on the matter. Council members aimed to reassure concerned residents this is one of many steps towards responsible development which would benefit everyone involved.
The first public comment portion saw Portage Lake Condominium Association President Glenn Bugni bring up several points to the council.
"The purpose of 26-21 is to change or convert the City of Hancock's easement behind the PLC garages from a public road, which is required on the easement, to a private driveway, constructed by Taylor Auguston, to provide him access and save the city the cost of construction a road," he said. "If that's the case, this is definitely illegal. You cannot assign a public road easement to a private individual."
Portage Lakeside Condo Association Lawyer Matt Eliason also brought up some legal objections to the council, including a four-page document obtained by The Gazette, outlining alleged inconsistencies with the proposed development and the city's own zoning ordinance.
"As far as I can tell, this is an extension of about 300 feet long, 33 feet wide. It doesn't even conform with your local requirements," he said.
Eliason went on to quote the 1934 Michigan Supreme Court decision Bator v. Ford Motor Co. It states a public road cannot be commandeered by a private individual or entity. Eliason said the case he quoted was an applicable legal precedent for this development.
"Ultimately, what the court held back in 1934, still is good law," he said. "As the city [Dearborn, Mich.] was held liable for basically letting Ford commandeer a thoroughfare, which ended up causing property damage from unstable soils around the private property."
Taylor Auguston also addressed the council, stating he is open to working with the city to create public access for his property so everyone can use the waterfront area there.
"I'm trying to come up with some sort of solution there because it is not going to be a private drive," he said.
The council took up the issue on item 14, Resolution 26-21, which approved planning for the extension of Navy Street.
Recently appointed Mayor Protem Dean Woodbeck led the discussion, in lieu of Mayor Kurt Rickard's and former Mayor Protem Whitney Warstler's excused absences. Woodbeck said this is the first step towards responsible development.
"We understand that there are safety concerns and we're all concerned about the safety as well," he said. "We don't want to do anything to damage the current property owners' property. I think we need this resolution because it clarifies things for the developer [Auguston], and it allows us to start to move order."
Councilor Laura Givens said she wanted to clarify any confusion not the purpose of the extension.
"This resolution is not for a private [roadway]. We're not giving the easement away," she said. "It's not gonna be his [Auguston's] private driveway."
Councilor Mandy Lounibos agreed with both Woodbeck and Givens. She said now is the time to take action and deliver on promises made to the residents who want to use the waterfront property adjacent to the condos.
"This council, it's our duty to get some of this work done and we have to start making some decisions."
Lounibos added she understands the concerns of the condo residents and said safety will be a top priority for this development.
"If there's evidence that this is unsafe or environmentally unsound, we have the ability to not approve it," she said. "But we don't know until we start planning."
The council approved item 14, laying the groundwork for the development and expansion of the east end of Navy Street. The next steps for the development will be Auguston's development plans heading back to the planning commission for further approval. According to city council, Andy Lahti's development on the west end of Navy Street will be a separate issue brought up at a later date.
Eliason was the only person to speak at the tail end of the meeting during the second public comment period. Eliason said he could potentially take legal action against Auguston, and the city, if the easement is encroached.
"The city has an easement, which is the right to use a particular piece of property for a public purpose," he said. "The idea you can abdicate that and let Taylor Auguston use the easement, is simply not within the law. It's not a public roadway. And such, the Portage Lake Condo Association would put the city on notice, as well as Mr. Auguston: if you walk on the easement, you're trespassing and you'll be prosecuted through the Houghton County Sheriff."
The next meeting involving the Navy Street issue will be the upcoming Hancock Planning Commission meeting Monday. The city council will next meet on Nov. 5. The Gazette will have full coverage of other city council matters discussed Wednesday in Saturday’s edition.