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November 13 2017 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
November 13, 2017        

The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, November 13, 2017 and was called to order at 7:02 p.m. by Mayor Hess.
The Mayor led the Pledge of Allegiance. Pastor Len Bailey gave the Invocation. 

Commissioners present:  Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel Vigansky                                        
Commissioners absent:    none
Staff present:                    City Manager Bill Marx, Zoning Administrator Debra Patzer and Clerk Gladys Bybee                               
Guests/Visitors present:    25+ visitors

Cindy Benson, Cecil Street thought they were going to make changes and asked that the Commission remove C3 Business District from the Ordinance.
Norma Ferris, Oak Street asked for explanation of several things on the agenda.
Randall Peart, W Chicago asked for explanation of unusual expenses for picnic table and copy machines. The mayor explained the exchange of the picnic table for a new one.
William Hass, Stateline Road said he was a proposed cannabis grower in the City and was at the American Legion on Veteran’s Day and is pro cannabis for Veteran’s. He cares about the community and doesn’t want any “pot shops”.
Penny Slocum-Correa, Business owner and resident on Main Street confirmed that the petition is only to keep medical marihuana facility out of the Historical District and asked what was enticing the Commission to consider putting it in town.
The gavel was sounded and the mayor explained the rules of the floor. 
Dean Marks, Business owner on E Front Street supports having medical marihuana in the historic district and hopes the Commission supports it.
Commissioner Toerne explained that he was in support of the medical marihuana. 
Derrick Sousley, Cayuga says it is evident medical marihuana is here and has spoken with State Representative Proos’ office and the probability of recreational marihuana may be forthcoming.  He recommends use of tax credits to entice new downtown business owners as there are case studies that proves tax credits work. He wants it to go to a vote of the people as he opposes medical marihuana.
Commissioner Dan Vigansky states it is happening.
Jennifer Parsons, Cecil Street, is a medical marihuana user and explains she was very sick and a doctor at Lakeland Health referred her. She uses oils that are inaccessible to her unless she travels very far.
Jerad Withers, Hill Street is pro medical marihuana and believes there should be no restriction where it is located. 
John Wallace commented that his doctor pushed opioids on him until Dec 12; he got off that with marihuana. He supported the downtown location and the need of the medicine.
Tom Polo, Lake Street supports it downtown as kids can even walk into bars downtown; being across from the Library shouldn’t matter.
Brenda Scoggin, Lake Street thanked the Commission for hearing the medical marihuana ordinance and quoted statistics on children needing the medical marihuana. 
Tom Write Jr., Lake Street, is a Marihuana Consultant that travels the United States and 
says children with medical marihuana cards are allowed in facilities and property values
have gone up in Washington, Oregon, and Colorado according to google facts.
Mickey Frost, Chippewa Street and Representative for Gene Wesner Automotive, stated they are collecting Toys for Tots currently and will accept monetary donations to purchase gifts and gift cards for older children. She thanked all that supported their annual event. 

Cole moved, seconded by Toerne to approve the Consent Calendar as presented. Roll call vote carried unanimously. 
•    Agenda
•    Minutes: Regular scheduled meeting, October 23, 2017
•    Checks 75784 to 75915 in the amount of $218,196.30
•    Excuse Commissioner Dale Toerne from Monday October 23, 2017 Meeting             
•    Banner Placement request: Wesner Automotive, Annual Toy Drive
•    Traffic Control Order #249; Yield sign at the intersection for East bound W Roe Street to yield at South Cayuga 
•    Exchange of damaged picnic table to Darla Willauer as she purchased a new one for the City in the amount of $1,046.00

The Mayor reported that Buchanan Youth Softball Baseball Association (BYSBA) Chairman Chris Kutemeier could not be in attendance. Toerne and Vigansky stated they had questions and wanted the opportunity to get answers. The City Manager stated BYSBA would be at the next Buchanan Area Recreation Board (BARB)  meeting. Moore (Chairwoman of the BARB) confirmed that she would ask BYSBA at the BARB meeting. Marx replied that they are a separate entity and the City grants them use of public property. Recourse was discussed. 

U.S. Congress Candidate of Southwest Michigan Rick Eichholz introduced himself and presented his biography and platform. 

Ordinance 2017.11/405, Amending the City of Buchanan Zoning Ordinance; Article III-definitions and use of terms; Article X – C-2 Commercial District; Article XI C-3 Central Business District; Article XII I-1light Industrial District; Article XIII I-2 Heavy Industrial District; Article XVIII Special Provisions: Article XXIII Nonconforming uses, buildings and lots; Article XVII general Provisions.
Patzer explained the process of getting to this point of the proposed ordinance and explained the four changes from what the Planning Commission presented and she would go through the four changes one at a time.  Moore moved, seconded by Cole to approve the Ordinance that was presented by the Planning Commission.  There was discussion and question that the motion was not on the ordinance that was listed on the agenda, nor did anyone have copies of it.  Motion and second withdrawn.  Vigansky moved, seconded by Cole to discuss the ordinance as presented, but hear changes separately.  
Patzer explained the first change on page 3 of 7, Article XI. C-3 Central Business District and deliberation included removal as the Plan Commission did not recommend.  Vigansky moved, seconded by Hess to leave Article XI. C-3 Central Business District in the ordinance. Motion carried by majority. YEA: Cole, Hess, Toerne, Vigansky. NAY: Moore.  
Patzer explained the second change on page 4 of 7, Article XVIII. Special Provisions Including Home Occupation. Section 18.10 – 1.B. and deliberation included language removal as the Plan Commission did not recommend.  Vigansky moved, seconded by Cole to include language “No medical marihuana grower, processor, provisioning center, safety compliance facility or secure transporter shall be located within Five Hundred (500) feet of real property comprising a church” in the ordinance. Motion failed by majority. YEA: Vigansky. NAY: Cole, Hess, Moore, Toerne. Commissioner Moore confirmed that the original language proposed by the Plan Commission would be inserted.  The Mayor affirmed and Attorney Racht advised the former language be discussed further.
Patzer explained the third change on page 4 of 7, Article XVIII. Special Provisions Including Home Occupation. Section 18.10 – 1.C. to change the word “uses” to “districts”.  Moore moved, seconded by Cole to keep the word “uses” as recommended by the Plan Commission.  Motion failed by majority. YEA: Moore. NAY: Cole, Hess, Toerne, Vigansky.
Patzer explained the fourth change on page 4 of 7, Article XVIII. Special Provision Including Home Occupation, Section 18.10 deleting 1. E. and F. language, due to Michigan Licensing and Regulatory Agency (LARA) opinions and inserting Plan Commission language E.  Cole moved, seconded by Toerne to approve the deletion of E. and F. and keep the new letter E. All special use approvals for medical marihuana facilities are contingent upon the approval of the medical marihuana facility(s) application(s) by the City of Buchanan and the State of Michigan.  Roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne.  NAY: Vigansky.
The Clerk reminded the Commission to discuss inclusion of Plan Commission language 1.B. for Article XVIII Special Provisions Including Home Occupations Section 18.10 before voting on the main motion.  After debate, Cole moved, seconded by Toerne to approve the language as presented by the Plan Commission. 1. B. No medical marihuana grower, processor, provisioning center, safety compliance facility or secure transporter shall be located within Five Hundred (500) feet of real property comprising a church or a public park with activities designed specifically for youth. Roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne. NAY: Vigansky.
After clarification that the vote was on accepting the ordinance with the changes as reviewed and voted on, roll call vote carried by majority.  YEA: Cole, Hess, Toerne Vigansky. NAY: Moore.  Ordinance 2017.11/405 declared adopted and made part of this record.  

Marx explained the parcel in question and recommended that the City accept the parcel adjacent to City and Ottawa School as presented.  Toerne moved, seconded by Moore to accept the Deed to Parcel Number 11-58-0026-0001-00-0 from the County of Berrien as presented.  Roll call vote carried unanimously.

After explanation from Marx and Commission discussion, Cole moved, seconded by Toerne to approve the City of Buchanan, Medical Marihuana Facility Permit Application form as submitted.  Roll call vote carried unanimously.  

Marx explained the Bid Waiver and purchase of two new copy machines for City Hall from Parrett Company through receipt of quotes and the need for a Budget Amendment.  Moore moved, seconded by Toerne to approve the bid waiver and the purchase of the two copy machines and the budget amendment in the amount of $7,679 from the General Fund. Roll call vote carried unanimously.

Marx explained the use and need for the sectional plow in detail. After shared discussion, Moore moved, seconded by Toerne to purchase the HD14 Arctic Sectional Plow and approve the budget amendment in the amount of $7,300 from Major Streets and Local Streets Funds.  Roll call vote carried unanimously.

Commissioner Vigansky volunteered to be the Commission Representative on the DDA Board.  Hess moved, seconded by Toerne to appoint Vigansky as the Commission Member to be the representative on the DDA Board.  Roll call vote carried unanimously.

The City Manager thanked Bob Barnes for his thoughtfulness towards the City and the American Legion for their Veteran’s Day Ceremony.  The Clerk announced the Free
Community Thanksgiving Dinner.

Commissioner’s comments included thanks to Bob Barnes for his donation to Government workers, Thanksgiving wishes, encouragement to support the Memorial Tree Program, thanks to Mr. & Mrs. Hartline, request on status of the video man and contract, when the Dog Park Committee will pay back the City for purchasing land that will no longer be used, thanks to Beth Chubb for all of her work with the Common and Farmers’ Market, and Redbud Area Ministries (RAM) in need of supplies and coats.  The Mayor presented a Certificate of Appreciation received for Make A Difference Day and thanked all for their patience and input through the Medical Marihuana process.

Cole moved, seconded by Toerne to adjourn the meeting at 9:06 p.m. Voice vote carried unanimously.

____________________________               _____________________________________
Gladys M. Bybee, City Clerk                             Brenda J Hess, Mayor

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