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HomeMy WebLinkAboutInterlocal Agreements - 2022.05.12 - 37457 July 21, 2022 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On May 12, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22180 – Sheriff’s Office – Interlocal Agreement with the City of Sylvan Lake for 2022-2024 Marine Patrol Services. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Sylvan Lake, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt lette r for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Elizabeth Skwarczewski, Technical Specialist, OCSO Dennise Dryden, Clerk, City of Sylvan Lake Enclosures David T. Woodward (Jun 23, 2022 14:57 EDT) Jun 23, 2022 Jo Ann Stringfellow (Jun 23, 2022 15:13 EDT) CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 1 A special meeting of the Sylvan Lake City Council was held at the Community Center, 2456 Pontiac Dr., on Tuesday, April 26, 2022, called to order at 6:02 p.m. Mayor Clarke presided over the Pledge of Allegiance. Present: Zubrzycki, Cowper, Clarke, Segal Absent: Salemi Also Present: City Manager Martin, Clerk Dryden, and Attorney Schultz Approval of Agenda Moved by Segal, seconded Cowper, to approve the agenda as amended. Yes: All No: None MOTION CARRIED Meeting Open to the Public Mayor Clarke opened the meeting to the public. There were eleven guests at the meeting. Jim Smith shared the Memorial Day Parade is taking place this year, May 30th. Big pieces are in place with floats and speakers. Congresswoman Brenda Lawrence has agreed to speak. Smith noted Jan Hays won’t have a float but will provide the flags. Mayor Clarke closed the meeting open to the public. Cost Participation Agreement for Orchard Lake Road Construction CA-004-22 S-003-22 Martin reviewed this was discussed at the last study session and needs to be approved. It is for the total repaving of Orchard Lake Road between Middlebelt and Telegraph. The total cost for Sylvan Lake is $58,472. We will be able to use Tri-Party funds (1/3 Sylvan Lake, 1/3 Road Commission and 1/3 Oakland County) making our share only $19,491. Moved by Zubrzycki, seconded Segal, to approve the Cost Participation Agreement with Oakland County Road Commission for the construction of Orchard Lake Road west of Middlebelt to Old Telegraph Road. Yes: Clarke, Segal, Zubrzycki, Cowper No: None CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 2 MOTION CARRIED 2022-2024 OC Marine Patrol Agreement CA-005-22 L1-002-22 Martin stated this a three-year agreement. It will be the same as what they have been doing, Patrolling three days a week. Moved by Segal, seconded Cowper, to approve the 2022-2024 Marine Patrol Services Agreement with Oakland County Sheriff's Office. Yes: Segal, Zubrzycki, Cowper, Clarke No: None MOTION CARRIED Marijuana Establishments O-003-22 Mayor Clarke provided a review of past discussions and actions on whether to allow marijuana establishments. Council wanted to wait to see how the law would change and how the new industry would look in the state. Waiting has made things a little more clear. Last year 163 municipalities participated and received revenue of $56,400 for ever licensed retail, and microbusiness located within their jurisdiction. Attorney Schultz stated at the last meeting council asked to move forward with looking at a draft ordinance to see if they would have consensus. He has put together a sample licensing ordinance and zoning ordinance. There are five main points Council need to discuss to provide direction on. Clarke started with, which of the marijuana establishments does the City want to permit? Clarke stated there are retail, microbusiness, processing, transporters and grow. Attorney Schultz interjected the first two are the ones that come with financial benefit from the state. Clarke sees a benefit for retail growers. He feels two would be a good number to allow. It is tough to pull out, but they can always add more. Microbusinesses would have a growth component with a retail store, and it would require a good amount of space. He suggested capping it by square footage. Processing and transporting facilities don’t have the financial gain, but there could be gains in employment and rent. This type of facility doesn’t need to be on Orchard Lake Road. With transports it would be a smaller facility, but a fleet of cars would be needed, which would require a lot of parking. Consideration is needed what it would look like and if there is a benefit to the city. How can we make it a benefit to the city and is there even interest in this type of business? Zubrzycki asked if $56,400 is what the city can expect in revenue in the future. Attorney Schultz CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 3 stated it was not what the state expected in revenue. Segal asked how many new establishments opened over the last year. Attorney Schultz didn’t know that number but could find out. Cowper stated he spoke with Andrew Brisbo from the State. The number is greater for those first on board with it and over five years that number will go down. For Cowper, the dollars in revenue is last on his list. He shared the State just changed the license laws and now big businesses are buying small businesses. This is the big picture. Cowper is concerned with traffic, hours, and lighting. He feels they shouldn’t be doing this from a monetary perspective. It should be “Why is this good for the city and what will it do for property values.” Also what are the resident’s views?” It is a quickly changing landscape and he feels the revenue will go down. Segal asked if the city has the ability to require a yearly license renewal. Attorney Schultz stated they can request that in the ordinance. He added, they have been prudent in waiting as they are getting more information as cases go on. Segal asked if a big dealer could get laws changed. Schultz agreed they could. Segal is opposed to transport due to traffic, but processing would be ok. Cowper isn’t opposed transporters, but traffic is a concerned with all the different types. Clarke could see both working but with some regulations. Clarke discussed processors making edibles. He is little more concerned with using solvents/flammable liquids. Would they want to create zoning standards for this? He asked how council felt? He wants to get good operators. Cowper discussed zoning and where it would be allowed. There are potential lawsuits from neighboring businesses if they don’t like what is next door to them or maybe they are not zoned for marijuana and want to be. Schultz stated they want to make sure they draft a good ordinance, follow the process that you are supposed to follow. As long as you have a rational basis for it, the industry still has to deal with the general rules, was it done in the right way. Process of deny/grant have greatest lawsuits. Cowper stated they are trying to do this right, so they won’t get sued, or mitigate how many are they going to get sued by or do they do nothing while letting the industry mature around Sylvan and the problem goes away. Schultz added another thing would be a chance for a ballot proposal. Cowper has faith in the voters. He asked why do we need to do this when we are ½ square mile? Clarke understands the ½ mile, but feels Sylvan is not an island. What he doesn’t want to see on Orchard Lake Road is green lighted signage that you see in Colorado. He would like to control the narrative of Orchard Lake Road. Segal agreed with Clarke, she would rather opt out, but also understands with a chance for ballot proposal with someone forcing something and that takes the city’s control away. She feels they are forcing council to create an ordinance, so the city has control as opposed to someone else controlling it. Cowper stated he believes in the city voters. Martin reminded council even if they go through with an ordinance there is still a chance for a ballot proposal to change it. Cowper restated “What is the value to the residents and their property values?” CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 4 Zubrzycki asked if they could limit it to one and see how it works first. Schultz stated they can, but they will have applicants who are turned down and now may sue. Schultz feels it has been useful in waiting and now they are seeing the outcome on some of the lawsuits and how the city should handle things. Zubrzycki is good with continuing the discuss but wants to continue slowly. He is concerned with controlling it. He asked if they could require on the application for an impact study for a location? Tim Horton’s wouldn’t be a good space because of how the traffic would back up. Clarke feels that whole area is worthy of redevelopment. Clarke asked if the Whitfield property would be a possible location. He is not sure. Zubrzycki stated it would solve the problem of density which residents don’t want. Schultz stated this is where Council would want to get the City Planner involved to discuss areas. Martin shared things they may to consider, distance from residential, distance from each other, distance from an intersection, but more importantly the size of property. You have to have parking. Industrial area and fast foods east of Inverness could be considered. Sherwood to Keego wouldn’t have enough area. Clarke agreed parking is a real issue and needs to be sufficient. He asked if minimum square footage can be required for retail business. Schultz agreed they could. Cowper asked to have the City Planner present to discuss locations. Martin stated he will discuss it with the Planner. Cowper asked if there are any state regulations on distance from church, schools, or government. Someone from the audience replied 1,000 feet from schools only. Martin stated Council can limit it if they want to. Segal, Cowper, and Clarke all felt Whitfield property would be a potential location. Clarke asked about growers. He feels this would be a big step and a microbusiness would be more limited. Schultz stated odor tends to come into play with growers. Mayor Clarke opened the discussion to the public. Ed Robbins stated the city needs to have values to stand by. He reviewed the Master Plan discusses the value of the city and mostly being a residential community. It talks about safety, qualify of life and the quality of the lake. He stated you can’t predict long or short-term impact, whether it be good or bad. Once council opens the door it would hard to close it. He feels there is no good reason to allow this in Sylvan. It doesn’t fit with our value of the city. It would be a travesty to see Whitfield with a big building for this. Luke Cassar agreed with all that Robbins stated and feels it would be a huge mistake to allow. He feels the city is small and let other communities handle it. There is no benefit to the city and will cause a real problem. He is offended they are considering it. CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 5 Nicole Menuck stated Sylvan Lake is an island and always has been different. She reminded them how many times it was on the ballot before liquor by the glass was passed. She also agreed with Robbins’ and Cassar’s comments. If council does pass an ordinance she would like to see restricted signage although she doesn’t know if that is allowed. Limit the area and consider traffic issues. She reminded council the traffic on Orchard Lake Road is about to change with only one lane going east. 2022-2023 Draft Budget B-002-22 Martin provided a copy of the proposed budget with notes and reviewed it with City Council. All millages will rollback due to Headlee including the infrastructure millage which won’t be levied until 2023. A truth in taxation hearing will be held with the budget presentation. This is because the garbage and rubbish millage will be higher than what we levied last year. The maximum allowed is 1.82204. Last year we levied .5930 and this year we are proposing .6523, which requires a public hearing when increasing the rate over what it was the prior year. Martin shared pay compression is when employees who have been in a job for a long time makes the same or less than new hires in the same position. Wages have been increased to accommodate this. The city has lost four employees over the last couple of months. Martin reviewed his discussion from the last study session, on the bocce courts needing replacement, a resident wanting to make a donation for a pavilion and an alternate suggestion for a larger activity pavilion covering the entire bocce area. Legacy costs were discussed. Martin will reshare the donation policy with city council. If this donation is accepted for the pavilion, it would need to be reviewed by Planning Commission and then City Council would need to formally accept the donation and approve the structure and location. Segal asked if bocce courts could be repaired. Martin stated they have had a 25-year life and need to be replaced now. Cowper stated they will need to create a line item in the budget for future maintenance of these items. Martin added it the donation policy it does state Council may require additional funding up front, just for future repairs/maintenance. Mayor Clarke opened the discussion to the public. Ed Robbins shared a lot of work and maintenance has been made to the bocce courts. Replacing them with concrete will keep the maintenance low. Robbins feels a pavilion would be nice but replacing the courts should come first. John Powers agreed the maintenance cost will be low if they are concrete. He stated pickleball is CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 6 a growing sport and they should consider new pickleball and basketball court. They should envision all sports for this area. Cowper stated parking will need to be considered with all the sports, docks, and community center rentals. Martin shared Karen Berkfield is working on getting costs for tennis/pickleball courts. Clarke asked if we are maintaining our parks as we are the bocce courts? Does bocce benefit the residents? He is not sure this is prudent spending. He suggested a pump track for kids at Ferndale park. Martin agreed they need to look at it all. He will make a list of park priorities. Noise/Music Ordinance O-004-22 Attorney Schultz reviewed Sylvan’s current ordinance is good. This adds some minor amendments such as plainly audible and enforcement language. He is hearing there are particular properties or particular noises and stated it may be more an enforcement discussion. Zubrzycki would like to see a hard stop time like Novi has. It gives the police an easier standard to follow. Schultz stated they could add the stop time of 10 p.m. Clarke feels it is the Oakland County Boat Club that is the issue, and the ordinance should address them. Zubrzycki asked if the ordinance is too broad because it covers businesses and residential; there is not specificity. Schultz stated it has general decibel levels that are by district. The plainly audible would apply to anybody. Clarke feels the problem is OCBC in a residential area. Maybe it is an enforcement issue? Chief O’Donohue likes plainly audible as a reasonable standard. It is easier to enforce. Noise issues are usually complaint driven. Zubrzycki noted there were many issues last year where noise and music was way after 10 p.m. He wants the ordinance in layman terms, easy enough for everyone to understand and for the police to enforce. Attorney Schultz agreed it is complaint driven. There is usually compliance once addressed by the police. Zubrzycki sees Sylvan Table building a nice outdoor area and he is concerned they will test the waters. He asked, what is the expectation they want to set for the city? Cowper is good with 10 p.m. or whatever the Chief or Attorney feels is best. If the OCBC needs to apply for a permit that is a different discussion. Chief O‘Donohue shared he did meet with the new OCBC Commodore, and they want to work with the city. CITY OF SYLVAN LAKE SPECIAL MEETING APRIL 26 ,2022 7 Nicole Menuck warned council when singling out OCBC because bocce ball courts are loud too. She feels there is a lack of enforcement with noise complaints when there are Community Center rentals. John Powers stated he was at the meeting with the Police Chief and Commodore, and he was made City Liaison. He feels Council can’t single out OCBC only. There are residents who have large parties with music outdoors. He agreed with a time limit and 10 p.m. would be reasonable. He asked how many complaints there were last year. He feels it is more a perception than a reality. Powers agreed with enforcement and would like to work together for accommodating. Clarke felt the Community Center rental agreement can be looked at to address enforcement. He stated the OCBC is in a residential zone and feels there should be different standards for OCBC from residential. He addressed the decibels at 60 is not reasonable. Attorney Schultz stated that table of levels is standard for what ever other community has. He feels there are conflicting statements of reasonable. He is struggling with the hearing a vehicle from 50’ away. Zubrzycki gave an example of low bass like cars with booming music going down the road and vibrating everything they go by. Clarke feels bass levels are subjective and they need to be reasonable. Zubrzycki stated there are hundreds of communities who have ordinances with these standards. Clarke feels 100’ for residents would be more reasonable than 50’. Cowper pointed out most lots are only 50’ wide. Attorney Schultz will continue to work on the ordinance. Adjournment Moved by Segal, seconded Zubrzycki, to adjourn the study session. Yes: All No: None MOTION CARRIED The meeting was adjourned at 8:51 p.m. Dennise Dryden, City Clerk