Notice City Commission Organizational Meeting2018/11/12 · Please return your application, letter,...

Notice City Commission Organizational Meeting

& Study Session

7:00pm Monday, November 12, 2018

Commission Chambers, Governmental Center, 400 Boardman Avenue Traverse City, MI 49684

Posted and Published: 11-08-18

CITY .! TRAVERsE CITY

Meeting informational packet is available for public inspection at the Traverse Area District Library, City Police Station, City Manager's Office and City Clerk's Office.

The City of Traverse City does not discriminate on the basis of disability in the admission to, access to, treatment in, or employment in, its programs or activities. Penny Hill, Assistant City Manager, 400 Boardman A venue, Traverse City, Michigan 49684, phone 231-922-4440, TDD/TTY 231-922-4412, VRS 231-421-7008, has been designated to coordinate compliance with the non-discrimination requirements contained in Section 3 5.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA Coordinator.

If you are planning to attend and you have a disability requiring any special assistance at the meeting and/or if you have any concerns, please immediately notify the ADA Coordinator.

City Commission c/o Benjamin Marentette, MMC, City Clerk 400 Boardman A venue Traverse City, MI 49684 (231) 922-4480 Email: [email protected] Web: www.traversecitymi.gov

The mission of the Traverse City City Commission is to guide the preservation and development of the City's infrastructure, services, and planning based on extensive participation by its citizens coupled with the expertise of the city 's staff. The Commission will both lead and serve Traverse City in developing a vision for sustainability and the future that is rooted in the hopes and input of its citizens and organizations, as well as cooperation from surrounding units of government.

City Commission Agenda Organizational Meeting

2

Welcome to the Traverse City Commission Organizational Meeting!

Agenda

Any interested person or group may address the City Commission on any agenda item when recognized by the presiding officer or upon request of any Commissioner. Also, any interested person or group may address the City Commission on any matter of City concern during Public Comment. The comment of any member of the public or any special interest group may be limited in time. Such limitation shall not be less than five minutes unless otherwise explained by the presiding officer.

7:00pm

Roll Call.

1. Selection of the Mayor Pro Tern from the membership of the City Commission. (Mayor Jim Carruthers, Benjamin Marentette)

2. Consideration of appointment by the Mayor with approval of the City Commission of one citizen member to the City Planning Commission. (Mayor Jim Carruthers, Commissioner Brian McGillivary, Mayor Pro Tern Amy Shamroe)

3. Consideration of appointment by the Mayor with approval of the City Commission and Grand Traverse County Board of one of the Commission members to the Grand Traverse County Department of Public Works Board. (Mayor Jim Carruthers)

4. Consideration of appointment by the City Commission of two of its members to the City Planning Commission. (Mayor Jim Carruthers, Marty Colburn, Benjamin Marentette)


3

5. Consideration of appointment by the City Commission of one of its members to the Housing Commission. (Marty Colburn, Benjamin Marentette)

6. Public Comment.

7. Adjournment.

(City Commission Study Session to immediately follow)

Notice City Commission

Study Session

Immediately following the Organizational Meeting

Agenda

1. Presentation regarding the city's composting operations. (Marty Colburn, Frank Dituri)

2. Presentation regarding the city's efforts to ensure safe streets during the winter season. (Marty Colburn, Frank Dituri)

3. Discussion regarding proposed regulations for medical marihuana as recommended by the City Commission Ad Hoc Committee on Medical Marihuana Regulations. (Commissioner Brian McGillivary Chair; Commissioner Michele Howard; Mayor Pro Tern Amy Shamroe; Lauren Trible-Laucht, Benjamin Marentette)

4. Discussion regarding a proposed annual fee for liquor license registrations, which would apply to all liquor license holders in the City, to cover a portion of the city's costs associated with liquor licenses. (Marty Colburn, Benjamin Marentette, Jeff O'Brien)


5. Announcements from the City Clerk. (Benjamin Marentette)

6. Public Comment.

7. Adjournment.

4

The City of Traverse City

Communication to the City Commission

FOR THE CITY COMMISSION MEETING OF NOVEMBER 12,2018

DATE: NOVEMBER 8, 2018

FROM: MARTY COLBURN, CITY MANAGER

SUBJECT: MAYOR PROTEM SELECTION

Attached is a memo from City Clerk Benjamin Marentette outlining the process for Mayor Pro Tern elections.

Memorandum The City of Traverse City

TO: Marty Colburn, City Manager

FROM: Benjamin C. Marentette, City Clerk

DATE: Friday, November 9, 2018

SUBJECT: ELECTION OF MAYOR PRO TEM

The following outlines the process for election of Mayor Pro Tern:

1. Mayor Carruthers presides over the election of the Mayor Pro Tern

2. Mayor Carruthers declares that nominations are open for the Office of Mayor Pro Tern

3. Any member of the Commission may nominate- to do so:

A.) Members of the Commission should raise their hand if they wish to make a nomination - Mayor Carruthers should call on Commissioners in the order they raised their hand to ensure proper order of nominations

B.) The Commissioner should state their nomination - it does not need to be seconded

4. Close of nominations.

A.) After a reasonable period of time, Mayor Carruthers will then entertain a motion to close nominations

B.) The motion to close nominations must be seconded

C.) The motion must pass by 2/3 affirmative vote and is not debatable

5. Vote on nominations.

A.) Mayor Carruthers shall call for a vote on nominee(s) individually, in the order that nominations were made

B.) The first nominee who receives a majority of votes is elected as Mayor Pro Tern






SUBJECT: PLANNING COMMISSION- APPOINTMENT

Attached is a memo from Administrative Professional, Margo Marks through City Clerk Benjamin Marentette indicating the Ad Hoc Interview Committee's recommendation for appointment to the Planning Commission. As mentioned by Ms. Marks, an Ad Hoc interview committee consisting of Mayor Carruthers, Commissioner McGillivary, and Commissioner Howard was established to make recommendation to the seat previously held by Camille Weatherholt. The committee recommends appointment for one three year term.

This is a Mayoral appointment with City Commission approval.

The following motion would approve the Ad Hoc Interview committee's recommendation:

That Tyler BeVier be appointed to one three-year term expiring November 8, 2021, seat previously held by Camille Weatherholt, on the Planning Commission.

MC/msm

K: \TCCLERK\City Commission\Appointments\PC Citizens at large 20181112.docx

copy: Russell Soyring, City Planning Director

Memorandum The City of Traverse City

Office of the City Clerk

To: Marty Colburn, City Manager

CITY <{ TRAVERSE CITY

From: Margo Marks, Administrative Professional through Benjamin Marentette, City Clerk

Date: November 8, 2018

Subject: Planning Commission - Appointment

There is one, three year term, expiring on 11 /8/2021 , seat previously held by Camille Weatherholt.

After advertising for this commision, there are 7 applications on file from Katy Bertodatto, Tyler BeVier, Anna Dituri, Gary Howe, Christie Minervini, Steve Stannard and Mark Wagner. Seven (7) applicants were interviewed.

By consensus the City Planning Ad Hoc Interview Committee consisting of Mayor Carruthers, Commissioner Howard and Commissioner McGillivary, is recommending Tyler BeVier for appointment. Tyler BeVier' s application is attached.

This is a Mayor appointment with City Commission approval.

If you have any questions, please do not hesitate to contact me.

Thank you!

City of Traverse City Application to Become Involved

Thank you for your interest in serving on one of Traverse City's boards or committees! Volunteers help to secure our community's beauty and promote its enhancement- Benjamin C. Marentette, City Clerk

Board/Committee you are interested in serving (indicate up to three): ·rc Li[Jh j- ~ ']?bw-cr;, ]), cv /1 -k>w h 'J€ v~ I o ~~ Au f-4, r i""(J 1'1• n 1'1 i £}- ( o "" ~'-' i :,s , o "7

Name Jijlec Eevl er Residential Address: ) ~) 0 ~ )1fo

(Street) (City)

E-Mail Address: ±ykr b evi-e C@ ZJ "Met;{. (o...,

i%%'0 (State) (Zip)

Additional Phone No.: Preferred Phone No.: 'd>GJ~ - <6T7- 1755('

Occupation: ~'< h5Pot-ht fi o h Mv< Y) ~ -----------------------

I (if retired, please provide your career)

Before submitting your application, please be sure to attach a brief letter indicating the following:

• Why are you applying for a city board or committee seat? • How do you believe your appointment would benefit the city? • Describe your involvement in the community on a board/committee or in another volunteer capacity. • Any other helpful information relevant to your application.

While it is not required, a resume is helpful in the recruitment process for City boards alld committees.

YES ® Are you in default to the City? If yes, please note applicants in default to the City are not eligible for consideration.

YES Do you or immediate family members currently serve on a City board or committee?

If yes, which board? ______________ ___________ _

YES Q Are you or immediate family members currently employed by any branch of any level of government? lfyes,howso? ________________________________________________________ _

NO Did you attach the required letter outlining the items requested above?

The applicant acknowledges that the City may be required from time to time to release records in its possession. The applicant hereby gives permission to the City to release any records or materials received by the City from the applicant as it may be requested to do so as permitted by the Freedom of Information Act, ~ 1~ seq.

1.

~ .~ Date3/po/7

Please return your application, letter, and optional resume to Benjamin C. Marentette, City Clerk, 400 Boardman Avenue, Traverse City , MI 49684. {(you have any questions, pleasefeelji·ee to contact our office at

(231) 922-4480. Again, thank you for your interest!

Tyler Bevier

1210 Santo Street

Traverse City, Michigan

49686

RE: City of Traverse City Application to Become Involved.

I view Traverse City as a municipality that is on the cusp of continued greatness with the

constant connectivity between stakeholder groups and the vast community input that has gone

into our city's plans and studies. I see the corridors master plan being a platform for how our

city will be shaped in the future in terms of street-design and walkability, which will hopefully

continue to foster increased density and a high quality of life. I would like to play a role in

continuing to make our city a great, place to live, work, play and prosper.

I believe my knowledge as an urban planner working with area stakeholders and being a

champion of an Open Government where citizens can interact and understand local

government functions on an informal setting, will be beneficial to our boards. I envision our

boards & commissions having more public input sessions, by bringing the government closer to the people. This can be accomplished through after-hour forums held at coffee shops, local

breweries, parks and other locations in the city where citizens are gathered.

I was the Chair of my congregation's task-force that was tasked with bringing a renewed sense

of membership and community to the Bethlehem Lutheran Church. This chairmanship

illustrated to me the importance of interacting with the stakeholders and reinforcing the notion

that all voices, whether they agree with my viewpoint or not, are important in the public input

process.

As a recent first-time home buyer in the south side of the Traverse Heights neighborhood, I

would like to see continued outreach and involvement from our neighborhoods for public

improvement projects, and I can be an asset to the city in accomplishing that goal.

Sincerely,

Tyler Bevier

Tyler Bevier

1 21 0 Santo Street Traverse City, Ml, 49686

Tele: 248-877-1738 Emai l: tylerbevier@gmai l.com

Profile

Experience

Education

Ski lls

I always strive to hold myself to the highest standard for transparency & ethics, and to give a voice to those who feel underrepresented in the decision making process.

Bay Area Transportation Authority: Transportation Planner: 7/16- Current

As BATA's Transportation Planner, I am tasked with creating a more user-friendly transit

system for our two counties. This includes necessary route & service level adjustments,

improved bus stops & increased mobile friendliness. Additionally, I am tasked with continued

education & awareness our system through presentations to regional stakeholders.

Bellaire Downtown Development Authority Director: 11/15 - 7/16

As one of Michigan's youngest DDA directors, I crafted the Development Plan & Tax

Increment Financing Plan for the Village of Bellaire. This entailed creating TIF Tables to show what the 30-year TIF Capture will be for participating taxing jurisdictions, and what our

planned public improvements are. Additionally, this involved meeting with local , county &

regional stakeholders to receive their feedback on our development & TIF Plans.

Grand Traverse County Planning & Development Contract-Employee -8/14-5/16

Assisted in administering their CDBG MSHDA Homeowner rehabilitat ion program, helping

low-income homeowners with interior & exterior repairs & no-interest loans. Lead a successful

crowdfunding committee to raise $5,000.00 towards downtown Traverse City, with matching

funds from MEDC. Helped lead re-branding efforts for the 8th street corridor; partnering with

businesses & residents to rename to "North Boardman Lake District". Additionally, assisted

greatly in presentations for various staff, and public engagement sessions

Traverse City Downtown Development Authority- Planning Intern 5/14/14- 9/14114

Prepared presentations for the DDA Board on a parking and TIF District analysis I conducted,

as well as assisted in the DDA's event promotions & local block parties

Michigan Avenue Coalition 501 (c)(3), Detroit, Michigan, President

Started a 501 (c) 3 non-profit in Detroit's neighborhood of Corktown. We assisted in planting

over 50 trees as well as installing beautification elements on various corridors. Additionally,

helped shovel sidewalks in the winter along neighborhood streets.

Wayne State University, Detroit, Michigan, Urban Studies & Political Science 3.72 GPA

Community Relations, Strong Interpersonal Skills, Charismatic public skills, Urban

Development, Place-making engagement, Microsoft Office, Keynote & Pages

City Planning Commission

Heather Shaw 655 Orchard Dr., TC 49686 883-3338 (Preferred) [email protected]

Initial Apt. Date 11/13/17

Camille Weatherholt 11/16/15 1118 Pine Needle Lane, TC, 49686 342-1991 (Res) [email protected]

No longer interested in serving

Mike Grant 619 Webster St. , TC 49686 714-9427 grant.mikec(ci;Q:mail.com

Janet Fleshman 210 E. 9th St, TC, 49684 935-4316 (Res) jrftc(a~sbcg:lobal.net

David Hassing 217 Ninth St.,TC 49684 917-648-7965 (Preferred) dhassing 13 (a)gmail.com

Linda Koebert (Chair) 319 Washington St, TC, 49684 989-400-3223 (Res) [email protected]

Jim Tuller (Administrative Official) 400 Boardman Ave, TC, 49684 922-4930 (Office) [email protected]

Brian McGillivary (Commissioner Rep) 332 Huron St. , TC 49686 933-8470 (Preferred) bmcgillivarvCq)traversecitvmi.gov

9119116

11/11113

1117/17

12115/14

11/09/15

11113117


Page 1

Termination 11/09/20

11/12/18 11108/21

11108/21

11111119

11/11/19

11109/20

11111 /19

11 /12/18

.--- ----·---·-- ------ ------------------------------------------,

Michele Howard (Commissioner Rep) 435 W. 11th St, TC 49684 883-1121 (Res) mhoward@traversecitymi. gov

Russell Soyring, City Planning Director - staff

07/16/18 11/12/18

The membership of a planning commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the local unit of government, in accordance with the major interests as they exist in the local unit of government, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire territory of the local unit of government to the extent practicable.

The Planning Commission shall consist of 9 members; members shall hold no other municipal office except that one of the members SHALL be a member of the Board of Zoning Appeals and the Grand Traverse Commons Joint Planning Commission or a joint fire administrative board. This requirement does not apply to the City Commission representatives on the Planning Commission.

NINE MEMBERS: Six City Representatives appointed by the Mayor with approval of the City Commission (3-yr terms)

Three ex officio members (with full voting rights) as follows: • One administrative official (2-yr term, expiring at Organizational Meeting) • Two members of the City Commission selected by that Body (1 yr term). • Appointments made at the City Commission Organizational Meeting.

Members shall not be in default to the City, shall be adults, and shall be residents of the City of Traverse City.

See: Policy on Appointments and Committees and City Attorney's Opinion dated November 23 , 1977.

All terms expire and all appointments shall be made at the organizational meeting in November. See: TC Code § 1220

Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the means originally appointed.

Creation of the City Planning Commission required by City Charter Section 160; provided for by 1931 PA 285 as amended MSA 5.2991 et seq and TC Code §1220.

Purpose: To prepare and adopt master plan for the City; and to review development proposals,


Page 2

both private and public, regarding their consistency with City plans.

Meets the first and third Tuesday of each month at 7:00 pm.

City Planning Commission Page 3



FOR THE CITY COMMISSION MEETING OF NOVEMBER 12, 2018



SUBJECT: APPOINTMENT TO THE GRAND TRAVERSE COUNTY DEPARTMENT OF PUBLIC WORKS BOARD- CITY COMMISSION REPRESENTATIVES

The City Commission needs to appoint a representative to the Grand Traverse County Department of Public Works Board. Commissioner Lewis's term on this board will expire on December 31, 20 18; and he has indicated his desire to be reappointed.

This is a Mayoral appointment with City Commission approval, and is subject to approval by the Grand Traverse County Board of Commissioners. Following the County Board approval, the appointed representative's term will commence on January 1, 2019.

I recommend the following motion:

that the Mayor's reappointment of Commissioner Richard Lewis to the Grand Traverse County Department of Public Works Board, to a one-year term effective January 1, 2019, expiring December 31, 2019, (seat currently held by Commissioner Richard Lewis), subject to approval by the Grand Traverse County Board of Commissioners, be approved.

MC/msm K:\TCCLERK\City Commission\Appointments\DPW _CC Rep_20181112.docx

copy: Chris Cramer, Grand Traverse County Board Administration John Divozzo, Grand Traverse County Department of Public Works Director

Grand Traverse County Department of Public Works Board

Richard Lewis (Commissioner Rep) 1744 E. Front St, TC, 49686

922-2902 (Res) rlewis@traversec itymi. gov

Initial Apt. Date 11/09/15 (eff. l/1116)

Termination 12/31118

Three-year tenn: 11 members (includes county commissioner, city representative, and drain commissioner). The Board of Public Works consists of a nine person board which administers the utility billing, maintenance and policies of the sewer and water ordinances for Acme, East Bay, Garfield Peninsula and Elmwood Townships; also oversees the Septage Treatment Facility.

The BPW normally meets the second Thursday of each month, 9-11 a.m. at the Garfield Township Hall on Veterans Drive.

Appointments are made by the Mayor, approved by the City Commission, and confirmed by the Grand Traverse County Board of Commissioners.






SUBJECT: APPOINTMENTS TO THE CITY PLANNING COMMISSIONCITY COMMISSION REPRESENTATIVES

The City Commission needs to appoint two City Commission Representatives to the City Planning Commission. Commissioner Brian McGillivary currently serves in addition to Commissioner Michele Howard on this Commission. Commissioner Howard and Commissioner McGillivary both have indicated their willingness to continue.

This is a City Commission appointment.

I recommend the following motion:

that Commissioner and Commissioner each be appointed to a one-year term expiring November 11, 2019 on the City Planning Commission (seats previously held by Commissioner Michele Howard and Commissioner Brian McGillivary).

MC/msm K:\TCCLERK\City Commission \Appointments \PC_ CC Rep_ 20 181112.docx

copy: Russell Soyring, City Planning Director


Heather Shaw 655 Orchard Dr., TC 49686 883-3338 (Preferred) heatherleeshaw(q)gmail .com

Initial Apt. Date 11/13117

Camille Weatherholt 11116/15 1118 Pine Needle Lane, TC, 49686 342-1991 (Res) [email protected]

No longer interested in serving

Mike Grant 619 Webster St., TC 49686 714-9427 grant.mikec(cz)Q.mail.com

Janet Fleshman 210 E. 9th St, TC, 49684 935-4316 (Res) jrftc(a)sbce:lobal.net

David Hassing 217 Ninth St.,TC 49684 91 7-648-7965 (Preferred) dhassing 13 @),gmail.com

Linda Koebert (Chair) 319 Washington St, TC, 49684 989-400-3223 (Res) lkoebert(aigmail .com

Jim Tuller (Administrative Official) 400 Boardman Ave, TC, 49684 922-4930 (Office) jtuller(q)travcrsecitymi.gov

Brian McGillivary (Commissioner Rep) 332 Huron St., TC 49686 933-8470 (Preferred) bmcgillivary@,traversccitvmi.gov

9/19/16

11111113

1117/17

12115114

11109/15

11113117


Page 1

Termination 11109/20

11/12/18 11/08/21

11/08/21

11/11119

11/11119

11/09/20

11111119

11112/18

Michele Howard (Commissioner Rep) 435 W. 11th St. , TC 49684 883-1121 (Res) [email protected]

Russell Soyring, City Planning Director - staff

07/16118 11/12/18

The membership of a planning commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the local unit of government, in accordance with the major interests as they exist in the local unit of government, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire territory of the local unit of government to the extent practicable.

The Planning Commission shall consist of 9 members; members shall hold no other municipal office except that one of the members SHALL be a member of the Board of Zoning Appeals and the Grand Traverse Commons Joint Planning Commission or a joint fire administrative board. This requirement does not apply to the City Commission representatives on the Planning Commission.

NINE MEMBERS: Six City Representatives appointed by the Mayor with approval of the City Commission (3-yr terms)

Three ex officio members (with full voting rights) as follows: • One administrative official (2-yr term, expiring at Organizational Meeting) • Two members of the City Commission selected by that Body (1 yr term). • Appointments made at the City Commission Organizational Meeting.

Members shall not be in default to the City, shall be adults, and shall be residents of the City of Traverse City.

See: Policy on Appointments and Committees and City Attorney's Opinion dated November 23 , 1977.

All terms expire and all appointments shall be made at the organizational meeting in November. See: TC Code §1220

Vacancies occurring otherwise than through the expiration of tenn shall be filled for the unexpired term by the means originally appointed.

Creation of the City Planning Commission required by City Charter Section 160; provided for by 1931 PA 285 as amended MSA 5.2991 et seq and TC Code§ 1220.

Purpose: To prepare and adopt master plan for the City; and to review development proposals,

City Planning Commission Page 2

both private and public, regarding their consistency with City plans.

Meets the first and third Tuesday of each month at 7:00pm.


Page 3



FOR THE CITY COMMISSION MEETING OF NOVEMBER 12, 2018



SUBJECT: NOVEMBER 12 STUDY SESSION

This memo covers Monday evening' s Study Session, which will immediately follow the Organizational Meeting.

1. Presentation regarding the City's composting operations.

On Monday evening, Director of Public Services Frank Dituri will provide a brief ( 1 0-minute) presentation regarding the City's composting operations.

2. Presentation regarding the city' s efforts to ensure safe streets during the winter season.

Also on Monday evening, Director of Public Services Frank Dituri will provide a brief ( 1 0-minute) presentation.

3. Discussion regarding proposed regulations for medical marihuana as recommended by the City Commission Ad Hoc Committee on Medical Marihuana Regulations.

The related zoning and licensing ordinances were introduced at the City Commission's October 15 meeting and referred to Monday evening for further discussion. The ordinances are scheduled for possible enactment on November 19,2018.

Attached is the previously-provided memo from City Attorney Lauren TribleLaucht and City Clerk Benjamin Marentette summarizing key provisions of the ordinance that was proposed by the ad hoc committee. The City Attorney and City Clerk provided staff resources to the committee and will be available to answer questions and further discuss the proposed regulation. Additionally, as discussed

4. Discussion regarding a proposed annual fee for liquor license registrations, which would apply to all liquor license holders in the City, to cover a portion of the City's costs associated with liquor licenses.

Attached is a memo from City Clerk Benjamin Marentette outlining a proposed annual fee for liquor license registrations in the city based on a conservative -or low- estimate of the city's costs associated with liquor licenses.

MC/bcm K :\tcclerk\city commission\study sessions\20 181112

copy: Frank Dituri, Director of Public Services Jeff O'Brien, Police Chief Russell Soyring, City Planning Director E-Mail Group: Medical Marihuana

Memorandum The City of Traverse City Office of the City Clerk

To:

Copy:

f rom:

Date:

Subject:

Marty Colburn, City Manager

Jeff O'Brien, Police Chief Russell Soyring, City Planning Director Jean Derenzy, Downtown Developme7~ority CEO

Lauren Triblc-Laucht, City Attorney't<.('il Benjamin Marentette, City Clerk~ · L

f ;--L Monday, October 8, 2018

Medical Marihuana

• ("TY TRAVERSE OTY

The City Commission appointed an ad hoc committee to propose permitting regulations for medical marihuana under the newly-enacted Michigan Medical Marihuana Facilities Licensing Act. The committee was chaired b~ Commissioner Brian McGillivary and Mayor Pro Tern Amy Shamroe and Commi~sioner Michele Howard also served on the committee. We both worked closely with the committee to assist it with this complex task. The committee met on four different occasions, with the meetings rather v.ell-attcnded.

We have met with various staffto discuss this proposed ordinance, including refining with stafi what their role would be in re\iewing applications and monitoring for compliance. We also discussed th~ draft ordinance with Andrew Brisbo, Director for the Michigan Bureau for Medical Marihuana. Attached is the draft; the highlighted portions are established by Michigan Law; meaning, the City does not have discretion on the highlighted portions .

.Ili..gl1-T .t!vel Overview:

\1ichigan lav. limits the maximum pennit fee the city may charge is $5,000 annually. The City Clerk conducted an analysis of the regulatory activities and time required by staff. Based on the anticipated staff time involved, the City Clerk estimates that the minimum anticipated cost to the city is $5,47 1.67- costs arc higher with other license types. This is the case for both new and renewal applications. Therefore, the committee recommends a $5,000 annual fee for new and renewal applications for all 5 permit categories. The fee for amending a permit would be based on actual stafftime involved.

There are five t) pes of medical marihuana facilities allowed under Michigan law and the proposed ordinance - see the table on the following page.

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[email protected] + (231) 922-4480

Further info/restrictions

----- ----------~~77--------~--~~~~~~----~~~~~~~--~ Grower Cultivates, cures, trims, Industrial District No maximum. May not

Definition Where Allowed Type

dries and packages (Michigan law restricts be within 1,000 feet from marihuana for sale to a Growers to this district) a school; must be in

I procl!ssor or provisioning fully-enclosed, secure

~--·--------------~~c_e~n~re~r--------------~------~--------~~b~u~i~ld~in~~~·----------~ Processor Purchas.:s marihuana Industrial District. No maximum. May not

fi·om a grow<.!r and operate between I 0 p.m. ~·xtracts the r~sin to and 7 a.m. May not be l,;reah: a product for sale within I ,000 feet from a or transkr in packaged school. Smell of ronn to be rrovided to a marihuana shall not be pro,·isioning center or detectable outside of another proc~ssor. building.

Provisioning Center Purchases marihuana C-3, C-4, and H Maximum of 13 across from a grower or Districts. the city in allowed processor and sells or districts. Must be at supplies marihuana to least 1,000 feet from a

I registered qualifying school. Must be closed

I patients, either directly between 10 p.m. and 7 or through patient's a.m. Smell of

I . registered primary marihuana shall not be I caregiver. detectable outside of

~~~~~~------~~~----~------~~--~--~----~---'~b~u~ild~i~n~g .. ______ ~--~ Safety Compliance Receives marihuana Hospital and Industrial No maximum. Smell of Facility from a marihuana facility Districts. marihuana shall not be

or registered primary detectable outside of the caregiver. Tests for building. contaminants, etc; provides test results and may return marihuana to the facility

Secure Transporter Industrial Districts

With respect to provisioning centers, the Plarming Commission recommended having a 1 ,000 foot buffer between each provisioning center or collective. However, the committee is not recommending a buffer but rather a maximum of 13 allowed in the city.

There are essentially four steps to the application process: (I) Qualification of applicants. (2) For Provisioning Centers, qualified applicants are entered into a lottery drawing with all qualified applicants assigned a nwnber in the order they were drawn. This establishes an

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Eligibility List. (Lottery and eligibility list only applies to provisioning centers because there is a maximum of 13 such permits; all other permit types do not have a maximum and therefore a lottery/eligibility list isn't needed). Only one application from each "true party of interest" (as defined by Michigan law, will be allowed, to prevent 'double dipping.' (3) Provisional Permits is issued. (Provisional Permit is void after six months if they haven' t been issued a state operating license and/or if all other inspections and permits aren' t obtained. May be granted another six months if they have a delay in obtaining state license or for good cause that isn't the fault of the applicant.) (4) Permit is issued by the City Clerk once state operating license and all other approvals are obtained.

All applications are submitted to the City Clerk's Office; all applications would be reviewed with ami by the following departments: Municipal Utilities (water and wastewater), Planning, Fire, Light and Power and Police Department. The City Attorney's Office would be consulted as needed. The extensive amount of information about the applicants and proposed operation are fully-defined in the ordinance. Following an in-depth review by the City Clerk's Office, in consultation with the mentioned departments, the City Clerk would approve or deny permit applications. An annual renewal would be required and handled by the City Clerk's Office.

A permit may be revoked, terminated or suspended for reasons such as:

(1) The pem1itted use hasn't commenced within 1 year of the date of issuance of the permit. (2) The permitted use ceases or discontinues for 90 days or more, including during a change

of ovvnership. (3) The operation was changed without receiving an amended permit from the City Clerk.

(Any changes to pennits, including ownership, change in location, change in any information the applicant was required to provide, must be approved by the City before such change takes effect or is implemented.

( 4) The operation causes a public nuisance or negatively affects health, safety or welfare of surrounding prope1ty or residents.

Denials by the City Clerk can be appealed to the City Manager~ the City Manager decides the appeal.

We hope this information is of assistance; please let us know if you have any questions.

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Memorandum The City of Traverse City Office of the City Clerk

To:

Copy:

From:

Date:

Marty Colburn, City Manager

Lauren Trible-Laucht, City Attorney Jeff O' Brien, Police Chief

Benjamin Marentette, City Clerk

Friday, November 9, 2018

Subject: ANNUAL FEE FOR LIQUOR LICENSE REGISTRATIONS AND LIQUOR LICENSE APPLICATIONS

While developing the permitting regulations for medical marihuana and developing the annual fee, we realized that it would be appropriate to consider an annual fee for Liquor License Registrations issued by my office.

Currently, we do not charge an annual fee; rather, we charge an application fee only initially. The application fee is based on the city' s average costs associated with reviewing the application. We do not currently charge a fee related to the city's ongoing costs.

I have worked with Police Chief Jeff O' Brien to analyze, extensively, the city's costs - which are primarily incuned by the Police Department - associated with liquor licenses. We have reviewed costs associated with relevant activities such as: investigations, arrests, compliance enforcement and reports. A rather low-end estimate of such costs is $297,600 - arguably, such costs could be much higher.

The city cunently has 193 liquor licenses in 118 locations. Therefore, I believe the City could reasonably charge as much as $1 ,542 annually per liquor license registration (spreading the $297,600 annual cost across 193 liquor licenses). I have reviewed this methodology with City Attorney Lauren Trible-Laucht.

Because this is a new fee not seen before by city businesses operating liquor licenses, I do not recommend establishing an annual fee of $1 ,542; rather, I recommend establishing it at $550 annually, which would generate $106,150 annually, based on 193 liquor licenses. I recommend that the annual fee and registration requirement be effective May 1, 2019, which is when all state-issued liquor licenses expire.

I have also completed a more comprehensive analysis of the fees we charge for liquor license applications. Based on that analysis, I recommend the changes on the following page.

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Mr. Colburn 2 November 9, 2018 Liquor License Fees

Application Type Current Fee Proposed Fee Temporary liquor license $0 $100 On-premise liquor license $540 $700 (new and transfer}_ Add liquor license shareholder $300 $450 Off-Premise liquor license $170 $500 Liquor License Intermediary $130 $200 Transfer (to transfer to an escrow agent)

We will be presenting recommended fee decreases and increases for all other enterprise-wide functions early next year as part of the annual study conducted by my office.

Based on the discussion with the City Commission on Monday, we will bring back formal action for the City Commission to take in the near future.

As always, please feel free to contact me if you would like to discuss this further.

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