REGULAR MEETING HOUGHTON CITY COUNCIL WEDNESDAY, APRIL 13, 2011 5:30 p.m. CITY COUNCIL CHAMBERS, CITY CENTER PRESENT: Mayor Robert Backon, Mayor Pro Tem Robert Megowen, Councilors Rachel Lankton, Gernot Joachim, Craig Kurtz, Lee Hauswirth, and Mike Needham. Also present for the City: Clerk-Treasurer Kurt Kuure, Director of Public Works Mark Zenner, Police Chief John Donnelly, and Deputy Clerk Ann Vollrath. ABSENT: ALSO PRESENT: REGULAR MEETING: APPROVAL OF PREVIOUS MINUTES:. Representatives of the Daily Mining Gazette, WMPL, WCUP, Susan Burack, Tony Pintar, Jodi Reynolds, Eric Waara, Sarah Anderton, Emily Johnson, Risa Williamson, and other members of the community. Mayor Backon called to order a Regular Meeting of the Houghton City Council and the Pledge of Allegiance was recited. A motion was made by Lankton and seconded by Joachim to approve the minutes of March 23, 2011 after making a correction that Mayor Backon called to order the meeting. Yes: All REVIEW AND APPROVAL OF AGENDA: OPPORTUNITY FOR PUBLIC TO ADDRESS COUNCIL: Mayor Backon moved Item B of New Business above Reports. Emily Johnson of Houghton informed that Council that her dog received an electrical shock at the same place on Townsend Drive on two different occasions. Director of Public Works Mark Zenner said that he will discuss this issue during his report. PETITIONS AND COMMUNICATIONS: Clerk Kuure read a letter from the Michigan Tech Huskies Women s Basketball Team thanking the City for the signs that were erected throughout town
congratulating their status as 2011 NCAA Division II Women s Basketball National Runner-Up. PUBLIC HEARINGS: Mayor Backon called to order a Public Hearing regarding Proposed Ordinance 2011-228. Deputy Clerk Ann Vollrath explained that this proposed Ordinance will allow a medical marihuana dispensary/nursery to be placed in a B-3 General Business District with additional restrictions. She explained that the Michigan Municipal League is recommending municipalities restrict the location of medical marihuana dispensaries and nurseries through zoning. A map was presented showing the two areas in the City of Houghton that the present ordinance would allow the dispensary/nursery. One area is next to the G.S. Engineering building. The other area is on Razorback Drive where there are some vacant lots as well as the strip mall located on the corner of Ridge Road and Cedar Street. The Michigan Municipal League Region 7 Education Seminar that will be held in Houghton on May 26 and 27 will discuss this issue. City Manager MacInnes said that this proposed ordinance may be amended following the seminar. A man from the audience suggested removing the restriction that a dispensary/nursery cannot be located within 1,000 feet of a community college, university or professional school. Gogebic Community College is located in the strip mall on Razorback Drive. By removing this restriction, there will be a larger B-3 business district available. A motion to close the public hearing was made by Lankton and seconded by Hauswirth. Yes: All Adjourned 5:40 p.m. NEW BUSINESS: Risa Williamson stated she represents a local non-profit called Simple Kindness for Youth, which would like to hold a raffle and needs to be acknowledged by a local unit of government in order to apply for their raffle license. She showed the Council a power point presentation regarding their organization which provides funds to local school teachers and administration to help purchase small items for children in need. A motion was made by Lankton and seconded by Kurtz to adopt Resolution 2011-1350. The Clerk polled the Council:
Yes: Lankton, Kurtz, Needham, Megowen, Backon, Joachim, Hauswirth REPORTS: Director of Public Works Mark Zenner reported that last fall he was informed that a dog was electrocuted by a catch basin on Townsend Drive. At that time they found a bad underground wire for Townsend Drive street lighting. He explained that Townsend Drive street lighting is shared lighting by MDOT, UPPCO and the City of Houghton. They shut the power off and fixed the wire. Recently this same thing happened 50 feet from the incident last year. This time the street lighting was overhead and high winds caused the problem with the wire. They tested all of the lighting poles on Townsend Drive and did not find this problem with any other lights. Mr. Zenner will meet with MDOT and will ask if they will share the cost to fix the lights in this area as they are over 30 years old. The total project will cost about $300,000. Emily Johnson said that she is the person who this happened to twice in the same area. She is concerned because her dog was electrocuted twice and she does not want anyone else to have to go through this again. She said that students who live in the area told her they could hear dogs yelping in the area all day. Mark Zenner assured the Council that they fixed the problem and checked all of the poles in that area. They will continue to monitor the area. He will meet with the other entities involved and see if they can come to an agreement regarding the ongoing maintenance of these lights. Crews are working on the extension of the Sharon Avenue bike lane. They need to lower a valve pit that is in the way. They will then put gravel down and wait for the blacktop plants to open so they can pave it. One of the sweepers is waiting for a part so they are using the sidewalk sweeper. Crews performed repairs at the salt shack to get it ready for the trash collection center. The water leak downtown will be fixed after graduation. There is a storm sewer frozen on Fifth Avenue. Mr. Zenner said that the frost should be out of the ground and people can stop running their water. The flows at the Portage Township Hurontown sewer meter are high. The meter company will perform a calibration of the meter. The trash collection center will be open in May. It will be unmanned with cameras like it was last year. Councilor Lankton asked what residents can do with their yard waste if the dump is not opened up in the fall or next year. Mr. Zenner said people can compost. Residents of Hancock said that they have a place in Hancock where residents can bring their yard waste.
Police Chief John Donnelly reported that the department answered 156 calls to service, made 26 misdemeanor arrests, issued 27 civil infractions, and 5 city tickets. He mentioned to the Council that the Bishop from Marquette will be in town on June 26 th. There will be a walk from St. Albert the Great crossing MacInnes Drive. The police department will assist the walkers by controlling traffic. On Mother s Day at 8:00 a.m. the Army ROTC will do a forced march with recruits down the walking path by Lakeshore Drive. Lieutenant Roberts organized an open house at the City Center on Saturday, April 16 th from noon until 2:00 p.m. Dial Help will assist to raise money. There will be free hotdogs as well as the Easter Bunny handing out Easter eggs to children. Deputy Clerk Ann Vollrath reported that City Manager MacInnes attended the Michigan Municipal League Capital Conference last week in Lansing. They discussed the Governor s proposed revenue sharing cuts for 2012. The Governor s proposal is to cut the statutory portion of revenue sharing by 40%. The other 60% can be earned by each municipality by following his Economic Vitality Incentive Program. The City of Houghton will receive more constitutional revenue sharing for the year 2011 because of our census increase. However, the statutory amount may be lowered so that we receive the same amount as previously allocated. UNFINISHED BUSINESS: NEW BUSINESS: Susan Burack and Tony Pintar of the Houghton County Planning Commission informed the Council that the Commission is updating the Houghton County Land Use Plan. A copy of the plan was provided to the Council members. They would appreciate any comments the Council has after they review the plan. Eric Waara of U.P. Engineers and Architects reviewed the proposed agreement with Portage Township regarding Dakota Heights sewage. This agreement is the same as the agreement regarding the Hurontown sewage except for two differences. One difference is that the penalty is applied to any excess sewage over 50,000 gallons per day because there are less residences in Dakota Heights than Hurontown and Dodgeville. The other difference is that the City of Houghton will receive the connection fee of $67,104 instead of the PLWSA. This is because the city s flow to the authority will increase so when the authority needs to upgrade the system, the City of Houghton will pay a greater increase on the bond payment because we will have a higher flow than Hancock. A motion was made by Lankton and seconded by Hauswirth to approve the Portage Township Sewer Agreement for Dakota Heights and authorize the Mayor and Clerk to sign. The Clerk polled the Council: Yes: Lankton, Hauswirth, Joachim, Backon, Megowen, Kurtz, Needham
Motion carried A motion was made by Hauswirth and seconded by Megowen to adopt Ordinance 2011-228. The Clerk polled the Council: Yes: Hauswirth, Megowen, Needham, Kurtz, Backon, Lankton, Joachim CITY OF HOUGHTON ORDINANCE NO. 2011-228 AN ORDINANCE TO AMEND CHAPTER 98 OF THE CODE OF ORDINANCES, CITY OF HOUGHTON, MICHIGAN THE CITY OF HOUGHTON ORDAINS: I. Amend Section 98-2 (Definitions) is hereby amended by adding the following definitions: Marihuana means that term as defined in section 7106 of the public health code, 1978 PA 368 MCL 333.7106. Medical marihuana dispensary means any structure used for dispensing marihuana by a primary caregiver or caregivers to one or more qualifying patient(s). A medical marihuana dispensary does not include a qualifying patient s residence if the marihuana transferred is exclusively for the qualifying patient s use. Medical marihuana nursery means any structure which is used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, packaging, repackaging, or storing medical marihuana for one or more qualifying patients. A medical marihuana nursery does not include a qualifying patient s residence if the marihuana is exclusively for the qualifying patient s use. II. III. Amend Section 98-447 of Article X B-3 General Business Districts is hereby amended to add the following Principal uses Permitted: (11) Medical marihuana dispensaries and medical marihuana nurseries subject to the following conditions and standards i. No Medical Marihuana Dispensary or Medical Marihuana Nursery shall be located within 1,000 feet of any other Medical Marihuana Dispensary or Medical Marihuana Nursery nor within 1,000 feet of any of the following uses: 1. Any church, synagogue, mosque or any house of worship 2. Any school, public or private, having a curriculum including kindergarten or any one or more of the grades one through twelve. 3. Any nursery school or child care center.
4. Any public park. 5. Any public library. 6. Any residentially zoned district or residential use. 7. Any community college, university or professional school. ii. All activity related to a Medical Marihuana Dispensary or Medical Marihuana Nursery including but not limited to growing, shall be done indoors in a locked structure. iii. Medical Marihuana Dispensary and Medical Marihuana Nurseries shall be operated in compliance with the provisions of the Michigan Department of Community Health and the Medical Marihuana Act MCL 333.26421 et seq. iv. Smoking, inhalation, or consumption of medical marihuana shall not be allowed on the site of the Medical Marihuana Dispensary or Medical Marihuana Nursery. v. No qualifying patients under the age of 18 (eighteen) shall be permitted in the Medical Marihuana Dispensary or Medical Marihuana Nursery at any time except in the presence of qualifying patient s parent or legal guardian or their primary caregiver. vi. No retail sales of drug paraphernalia are permitted at the Medical Marihuana Dispensary or Medical Marihuana Nursery, except to qualifying patients or their primary caregivers. vii. Each Medical Marihuana Dispensary or Medical Marihuana Nursery shall display in a manner legible and visible to its clientele: 1. Notice that qualifying Patients under the age of eighteen (18) are not allowed in the Medical Marihuana Dispensary or Medical Marihuana Nursery except in the presence of his/her parent or legal guardian; 2. No smoking, inhalation or consumption of medical marihuana shall occur within the vicinity of the Medical Marihuana Dispensary or Medical Marihuana Nursery. viii. Only operators and their employees, qualifying patients, parents or guardians of qualifying patients under 18 years of age, and their primary caregiver may be permitted to enter a Medical Marihuana Dispensary or Medical Marihuana Nursery for the purpose of obtaining medical marihuana or other goods or products associated with its use. ix. Medical Marihuana Nurseries can grow a maximum of 72 marihuana plants. Should any section, subdivision, sentence, clause or phrase of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part as invalidated. This Ordinance was enacted by the City Council of the City of Houghton, Houghton County, Michigan on the day of, 2011. This Ordinance shall take effect on. There will be budget work sessions on the following dates: April 21 May 4 May 18 June 1 Councilman Joachim congratulated the Keweenaw Storm Girls 16U Hockey Team as they are the 2011 National Championship Runner-Up. A motion to adjourn was made by Lankton and seconded by Joachim. Yes: All
Motion carried Adjourned 6:46 p.m. Kurt Kuure, Clerk