Special Event Request, Wick’s Park Bar and Grille

City Council Agenda Item Report

FROM: MEETING

Jamie Wolters

DATE:

3-5-25

SUBJECT:

Special Event – Wicks Park Bar & Grille

DESCRIPTION:

A special event safety planning meeting was held via zoom on March 3, 2025, with Fire, Police and DPW. A recap of the discussion is as follows: •

Tent Rental from Taylor Rental: o The requested tent would be installed on Friday, March 14, 2025, and the applicant would need contact the Saugatuck Township Fire Department to schedule an inspection. o The tent will be removed on Monday, March 17, 2025.

Barricades Needed: o Concrete: Six (6) concrete barricades around the tent, with two (2) positioned on the north, west, and east sides on Friday, March 14, 2025, and removed Monday, March 17, 2025. o Three-Tier: Two (2) three-tier barricades around the tent, with two (2) positioned on the north, west, and east sides on Friday, March 14, 2025, and removed Monday, March 17, 2025, will be placed on the west and east sides of the tent.

Event Monitoring: The Applicant will provide a minimum of three (3) employees to oversee tent activity to ensure attendee safety and well-being.

Insurance Requirements: No later than five (5) business days prior to the Event, the Applicant shall provide the City Clerk with a valid Certificate of Insurance for the Event with a minimum coverage of $1,000,000 per occurrence. The certificate must name the City of Saugatuck as an additional insured. Failure to provide the required Certificate of Insurance will result in cancellation of the Event.

Post-Event Cleanup: The Applicant agrees to restore the event area to its original condition on Monday, March 17, 2025.

LEGAL REVIEW: None. SAMPLE MOTION: Workshop Discussion.

.ROAD CLOSED TO

-. THRU TRAFFIC·

Hello Luke and Ryan, I wanted to send over a few comments on the current situation regarding my renewal application for Short Term Rental License CSTR-210102 for the property located at 150 Taylor Street in advance of the workshop scheduled for March 5. My wife and I fell in love with the Saugatuck area years ago when we would go there to meet my sister who lives in Western Michigan. After many visits we decided we wanted to buy a vacation home there to visit whenever we could find the time. In late 2021 we purchased our home at 150 Taylor Street and have enjoyed numerous holidays and extended stays in Saugatuck. Our newborn son was baptized in Saugatuck last April. We feel a strong connection to the community, even if it is our second home. However, we do depend on some income from renting the house out when we are not there. I also feel that is a better use of the home then having it sit empty for weeks at a time between our visits. We have been license holders since early 2022 and have always sought to be responsible STR operators and respectful of our neighbors with whom we have a good relationship. If we lose our license and do not have the ability to rent the home out part-time, we would not be able to continue to make the mortgage and tax payments and would likely lose our home. I am sure there are others who are in my same situation; and I would assume the City would want to avoid the upheaval this could cause to multiple property owners all at once. I understand there has been an e ort from some in the community to push short-term rentals out of Saugatuck. While I personally disagree with many of the arguments made, I respect the newly published regulations and have worked hard to stay informed on the changes and ensure we would be able to keep our license under the new STR guidelines, especially with the cap levels that have been established. To now be denied a renewal of my license for an event that occurred more than 2 years ago seems not in the spirit of the law to grandfather in those responsible STR license holders. From a legal standpoint, it is the City’s interpretation that an individual property owner deeding their property to a single member LLC, of which the property owner is the sole member, can be retroactively considered a “change of ownership” under the Ordinance, allowing the City to then claim my license as void. I am not convinced a court would agree with the City’s interpretation. There are multiple analogous instances under MI law which clearly indicate such a transfer does not constitute a “change of ownership.” 

MCL 125.525(4) – A transfer to an LLC is not considered a transfer of ownership under Michigan’s Housing Law if the transferring owner is the same as the LLC’s member(s) and both the transferring party and the recipient are under common control MCL 211.27a – Transfers between entities under common control are exempt from an uncapping of property taxes under Michigan’s General Property Tax Act. The Transfer of Ownership Guidelines issued by the Tax Commission dictate that initial transfers by individuals of a fee simple interest in a property, made to an LLC, are considered to be transfers between commonly controlled entities and not transfers of ownership, if the

ownership interests and extent of control which the individual(s) have in the entity are identical to the ownership interest and extent of control which the individual(s) had in the property prior to the initial transfer MCL 207.526 – A transfer between any LLC and its member is not a taxable transfer under Michigan’s Real Estate Transfer Tax Act if the ownership interests in the LLC are held by the same person(s) and in the same proportion as in the LLC prior to the transfer.

In this instance, I transferred my property to an LLC of which I am the only member. This was not a transfer to an LLC with other passive investors who have no connection to Saugatuck and who are detached from the ownership, maintenance, and operation of the property. I remained solely responsible for ensuring compliance with all ordinances, and I would have had to answer for any violations the City needed to take action on. Also, Ordinance Section 154.022.V.2.f requires notice for change of mailing address, contact information, or rental agency, but in my case none of that information changed so I don’t see that there was any notice of change to the approved application required. Even after deeding the property to my LLC, I remained fully contactable and fully accountable regarding any ordinance violations. Most importantly, I am still the owner of the property as the sole managing member of Blue Star Homestead LLC. I would also note that the attached Certificate Details, found on the City website and maintained by the City, indicate the Property Owner/Certificate Holder is Blue Star Homestead LLC. Given this, it would seem the City was fully aware I had deeded the property to my LLC. Had I known this would create an issue, I would have immediately provided updated information regarding the transfer if the City had raised a concern in 2022. I hope that you would consider these circumstances and allow for the processing of my renewal application as soon as possible. If there is any information you would like me to provide regarding my LLC, I would be happy to do so.

Regards, Alex Weir 150 Taylor Street Saugatuck, MI 49453

2/26/25, 11:58 AM

Certificate - Short-Term Rental Details | City of Saugatuck | BS&A Online

Certificate Details: CSTR-210102 Property Address: 150 TAYLOR ST, SAUGATUCK, MI 49453 | Parcel: 57-750-008-00

Property Owner: BLUE STAR HOMESTEAD LLC Summary Information > 0 Inspection(s) Found

Amount Due

Certificate Information

$0.00

Certificate - Short-Term Rental Total Number Type Description Bldg/Ref # Complex Since Issued Inspector Stipulations

CSTR-210102 Short-Term Rental No Data to Display No Data to Display No Data to Display 03/30/2017 03/10/2022 Fire Dept No Data to Display

Status

Certified

Buildings Billing Class Expires

0 No Data to Display 03/10/2025

Group

No Data to Display

Inspection Information Inspection Type

Inspector

Status

Scheduled Date

Completed Date

Result

No records to display.

Fees & Payments Date

Action

Qty

Description

Billed

5/3/2022

Invoice Item

1.00

12/20/2021

Invoice Item

1.00

6/16/2022

Transaction

Transaction Number: 00001000

$100.00

12/21/2021

Transaction

Transaction Number: 00000861

$250.00

Inspection: Rental Reinspection

Paid

$100.00

(Invoice Number: 00001138) Rental Fee: Rental Registration

$250.00

(Invoice Number: 00001020)

Certificate Holder Information Address

Phone Mobile

WEIR ALEX 348 W HURON ST A CHICAGO, IL 60654 No Data to Display No Data to Display

Fax Other Phone

No Data to Display No Data to Display

Fax Other Phone

No Data to Display No Data to Display

Fax Other Phone

No Data to Display No Data to Display

Responsible Party Information Address

Phone Mobile

WEIR ALEX 348 W HURON ST A CHICAGO, IL 60654 (913) 638 7996 No Data to Display

Certificate Agent Information Address

Phone Mobile

WEIR ALEX 348 W HURON ST A CHICAGO, IL 60654 No Data to Display No Data to Display

Miscellaneous Fields

https://bsaonline.com/CD_PropertySearchDetails/PropertyRecordDetails?RecordKey=a60af01c-19c9-4f80-97f5-ae0400a576ab&RecordKeyType=5&u…

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2/26/25, 11:58 AM Max Occupants

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Jamie Wolters From: Sent: To: Subject:

Tuesday, February 25, 2025 11:39 AM Jamie Wolters Village square courts

Cau on: This email originated from outside of the organiza on. DO NOT click on links or open a achments unless you recognize the sender and know the content is safe.

> > Hi Jamie, > > I read a recent city council report. It had an es mate for redoing the basketball and tennis courts. One of the line items on the es mate was for 530 or 540 feet of 4 foot fencing around the courts. In my humble opinion I don’t think they are needed and we could possibly save some money by not installing them. > > Since 1978 I lived just around the corner on Griffith St. Coming down the Main Street side walk there is a nice open view. I o en walk across either court when going to the post office or downtown. During the summer months I o en no ce people loitering around the area, enjoying the open space, maybe picnicking under the tree line watching freind’s play pickle ball, or just relaxing. Art shows o en use these spaces also, limi ng access with fencing would just seem to crowd an already busy spot and bog down the flow of people. Parades also bring down a lot of people again fencing would just seem to chop the area up. > > Can’t say that I have ever seen a full on basketball game, lots of pick up game 6 or 7 people, usually less, o en just half court. Nobody ever really watching the game, a couple of benches wound probably surface, not sure bleachers are needed, again they might even detract from the natural beauty of the tree line as it works it way up the hill side, is there really a need for more built infrastructure ( probably aluminum, not very historic) that would probably not see much use. > > Just my point of view from walking through there the past 46 years. > > If you can share this note with city council as a communica on and possibly the park commi ee it would be appreciated. > > Respec ul > > Kam > 446 Griffith > >