Marijuana ordinance, building height, sculpture purchase, and DPW upgrades top the most recent city business. Boyne City Commissioners met on Tuesday Feb. 12 for their regular meeting. Following are the highlights:
City Manager report
Boyne City Manager Michael Cain reported:
• The replacement pump installation at the river mouth pump station is complete.
• Last week, the City purchased the Draco Viewer sculpture located just south of the river mouth restrooms for $14,000 with donated funds for the purchase.
• Last week, the water main under the north side of the East Street Bridge sprung a leak. The leaking water went directly into the river so it took a while for us to find. Repairs will be made when weather allows.
Repairs to water #2 appear to be complete. It is ready to be put back into service if the second round of water sample tests come back good. The first one already has.
Boyne City officials held a second reading of an ordinance to disallow marijuana stores in the city.
Consideration of a second reading and adoption of ordinance 34-9 and 34-10 to prohibit marihuana establishments within the City of Boyne City as defined by the Michigan Regulation and Taxation of Marijuana Act was approved by the commission by a vote of 4-1.
The lone dissenter was Boyne City Commissioner Sally Page, who said she believed the city would be better off opting in since the ability to possess and use recreational marijuana was approved by an overwhelming vote of the people last fall.
The rest of the commissioners, along with the Boyne City Chief of Police, agreed with the recommendation to prohibit marijuana stores.
Planning Director Scott McPherson discussed the MRTMA that was approved by Michigan voters in November and became effective Dec. 6, 2018.
The Act requires municipalities to either opt-in to permit and regulate marijuana establishments or opt-out to not permit marijuana establishments within the municipality.
If a municipality wishes to opt out, it is recommended the action be done by ordinance.
From the effective date of the law, the state has one year to assemble the regulatory framework for licensing commercial recreational marihuana establishments.
While the State could adopt the regulatory framework in a short timeframe, it is not anticipated to be completed anytime in the near future.
The city may opt in or out at any time.
According to Boyne City officials, since the rules that will be adopted by the state are completely unknown at this time, developing an ordinance to regulate establishments now could pose significant challenges.
Consideration of a second reading and adoption of an amendment to Section 20-10 and 20.20 of the Article XX Schedule of Regulations and Section 10.50(C) of the Article X Central Business District and Section 11.04(C) of Article XI Transitional Commercial District.
Boyne City Planning Director Scott McPherson discussed the current the ordinance that limits building height by a maximum number of stories or maximum number of feet in the Schedule of Regulation Sections 20.10 and 20.20, and in the Central Business District (CBD) and Transitional Commercial District (TCD) Development Requirements Sections 10.50(C) and 11.04(C) respectively.
Per ordinance requirements when there are multiple regulations that can be applied the most restrictive controls.
In discussions with prospective developers, the maximum stories provision was noted as a limiting factor and potential barrier for redevelopment projects.
In response to these discussions, city staff reviewed the implication of an ordinance change that would eliminate story limitation aspect of the maximum height regulations.
Currently all zoning districts limit maximum height in the number of stories and feet.
In the CBD, the maximum building height is three-and-a-half stories with maximum height of 45 feet.
Another issue that was found in the review of the height regulations was contradicting requirements for the TCD district.
Article XX limits buildings to two-and-a-half stories with maximum height of 35 feet and in section 11.04 (C) the height is limited to 2 stories with a maximum of 30 feet.
Given these issues, the proposed ordinance amendments were developed to clarify regulations, eliminate ordinance inconsistencies and promote redevelopment.
The proposed change would be consistent with the master plan and the adopted goals of the city by more efficiently using available land and infrastructure and by providing the ability to create more usable space per building which could be used for more commercial space and/or additional housing units.
McPherson said the only change is the number of stories inside the structure—how the inside of the building is used.
Michelle Cortright said she is excited about the potential of the Lake Street properties and said to be open-minded.
Bruce Janssen said the city should hold off on the amendment at this point because he is concerned about the visuals that could take place due to this amendment.
Lesley Pritchard said this is a departure from the master plan and she is not in favor of the amendment.
Boyne City Commissioner Hugh Conklin said he was bothered by the process and thinks the city should send this issue back to the planning commission. He said he wants the development to be successful and that the city should get the word out about the proposed development on North Lake Street.
Boyne City Mayor Tom Neidhamer said the city has been tasked with taking away barriers and this is one.
The measure was approved 4-1, with Conklin as the lone “nay” vote.
North Lake St. Project
Design & Trail Planning
Consideration to award a contract for the design & trail planning services for the North Lake Street Project in an amount not-to-exceed $27,500 per the proposal dated 2/5/2019 and authorize the City Manager to execute the documents.
A portion of costs will come from funds available for these services in 2018/2019 Budget and the balance will be included in the 2019/2020 Professional Services account in the Major Roads Budget.
Director of Public Works Superintendent Tim Faas discussed the planned rehabilitation and/or reconstruction of the existing pavement along North Lake Street from the city boat launch to West Michigan Avenue.
As part of the design of this road improvement project, the trail extension design from roughly the city center to West Michigan Avenue will also be completed.
MDOT has programmed $235,000 in funds to cover a portion of the cost of the road project; however, the window for use of those funds closes on Sept. 30.
The city must commence the design work as soon as practicable in order to meet the deadline.
This road project would likely be constructed in the spring of 2020.
The city requested a formal proposal from C2AE, the city’s civil engineering consultant, outlining the project understanding, scope and fee for the desired services (see attached).
C2AE is most capable of meeting the tight deadline, is familiar with the trail project and was the designer of the section of North Lake Street south of this project to be constructed yet this year.
The total cost of the services is $27,500 which would be charged to the Professional Services account #202-451-818.000 in the Major Roads Budget.
Consideration to accept the proposal from BS&A Software in an amount not to exceed $9,445 for Work Order software.
Consideration to contract with Habitec Security to upgrade and move the DPW security systems, including video monitoring and facility access control to the Police Department in the amount of $3,777.
The control panel and DVR are currently housed in a closet and there is no means to observe what the cameras see or record without standing in that closet. The video system is also not secure because it is not in a locked housing.
To get the full value of the video, Habitec Security Company could enable remote access of the system to the Police Department by installing an Open Eye DVR in place of the one currently being used.