City to prepare applications for pot shops

At the regular meeting of the Belleville City Council on Nov. 16, via Zoom, council members were given a report by city attorney Jeff Clark on the two proposals passed by voters in the Nov. 3 election.
“The people have spoken. Both passed,” Clark said, concerning the two proposals welcoming medical marijuana dispensaries and facilities into the city.
“Amending the charter provides the ability to make an ordinance, but you don’t have to because Proposition One is the ordinance,” Clark said.
He said the effective date of the ordinance would be when the election is certified, which will be sometime this month. Then, the city has to follow the ordinance.
He said it starts with the application. He said the clerk sets an opening date for applications within ten days after certification and there is a 30-day window for applications. After that, no further applications are accepted.
Then the applications go into review. He said 30 days after the close of the window for applications, the city has to provide the licenses.
He said if the city doesn’t give someone an application, people can apply on their own, following the rules in the ordinance.
Clark said the application fee is $100 and after the state approves it the additional is not to exceed $4,900 annually.
He said the city has 30 days to accept an application and otherwise the applicant has to go to court. If successful the applicant would only have to pay $500 annually for 10 years. This is an incentive to get the applications, Clark said.
He said there are automatic renewals in compliance with the ordinance.
Clark said the new, eight-page ordinance is a “long, cumbersome ordinance.”
When asked by Mayor Pro Tem Jesse Marcotte about the planning commission being involved, Clark said the city can enforce its zoning ordinance.
Mayor Kerreen Conley said there were two acres in the Industrial Park provided for medical marijuana in the zoning ordinance in the past, and that has been repealed.
“What now?” Mayor Conley asked. “We wait for the election to be certified and the clerk moves forward.”
Clerk/Treasurer Verna Chapman said the city has had a lot of inquiries on marijuana sales and once the ballots were printed interest soared. She said they have asked for applications because everyone wants to get into the action.
Attorney Clark said he would help get the application in shape.
In other business at Monday’s regular meeting, the council:
• Unanimously approved a three-year user agreement for “The Bora Dora” district to allow businesses to utilize the district for outdoor seating. City Manager Tracey Schultz Kobylarz said it is similar to the outdoor café ordinance. Clark said the best thing is to change the ordinance to work it out so the LCC will be satisfied. He said it is not permanent and is letting the business use the city’s property with a review every year. John Winter of Egan’s Pub said they want to put up igloos next to their business for cold-weather dining and they need 22’ more room on the Fourth Street Square. He said they are buying two igloos for $16,000 and it will be something classy for the downtown. He said they thought they could be used from mid October to mid March. He said during the warm months, if others need that space on the square for their events, they could pull back their outdoor dining temporarily. Winter said he hoped the Bayou and Johnny’s would get on board and apply for the outside dining /alcohol state permit;
• Approved accounts payable of $127,003.56 and the following purchases in excess of $500: to Hennessey Engineers, $3,498 for testing and inspection of the Main St. development from the escrow account; to Mueller Co., LLC, $655 for water reading/billing equipment and $1,464.54 for water meters; and to Osborne Cement, $592 for concrete in the cemetery;
• Heard DPW Director Rick Rutherford say the city will be talking with the Downtown Development Authority about getting help with the cost of an embedded railing along the top of the wall at Doane’s Landing. When asked about the large section of rocks and boulders there, Rutherford said soil erosion and drainage were problems there, with the vegetation going right up to the wall, holding water. He said the rocks were purposely left in place for erosion and drainage. Renaud asked about the gap in the fencing at the border with the condos next door and Rutherford said that is on the condo property;
• Heard DDA Coordinator Carol Thompson say the stamped concrete in place at the Fourth Street project is for parking of vehicles. She said the asphalt in the rest of the project was expected to be laid the next day, Nov. 17; and
• Heard Rutherford announce the city had been informed by DTE that they will be at more than 20 locations in the city to trim trees and work to keep the electricity secure.