Traverse City News and Events

Commissioners To Discuss Charter Amendment, Eighth Street

June 27, 2016

Could Traverse City voters make it easier for petitioners to get their referendums on the ballot? City commissioners will discuss a charter amendment tonight (Monday) that would do just that, plus discuss hosting a public event this week to gather input on building heights in the Eighth Street corridor.

Charter Amendment
Following a public controversy last year when petitions for a referendum to ban tall buildings in Traverse City were rejected due to improper formatting, officials hope to amend the city charter to make it easier to submit petitions going forward.

Petition forms containing more than 900 signatures – nearly double the 527 required to put the tall building referendum on the ballot – were rejected by City Clerk Benjamin Marentette last November. In a decision backed by City Attorney Lauren Trible-Laucht, Marentette explained that the city’s charter requires every petition to have a sworn affidavit attached to it. The affidavit must be signed by the circulator identifying the number of signatures on the petition and swearing to the signatures’ authenticity. Organizers failed to include the sworn affidavits, requiring Marentette to reject the forms.

“At the time, we both discussed – thoroughly – options for not rejecting the petitions based on a technicality,” Marentette and Trible-Laucht explained in a memo to city commissioners. “The city clerk contacted legal counsel at the Michigan Department of State to determine if (he) has flexibility in waiving the requirement…ultimately there was no such flexibility.”

But Traverse City voters could change that rule by amending the city’s charter to eliminate the need for sworn affidavits, which Marentette and Trible-Laucht say is an “extraordinary requirement” of petitioners. Staff are proposing to put a charter amendment to a public vote November 8, a measure that must first be approved by commissioners.

If approved by both the board and voters, the new rules would eliminate the affidavit requirement. Instead, when petitions are filed, the city clerk will provide a written acknowledgement of the total number of signatures received. The form would be countersigned by the filer. The city clerk would then go through the normal process of validating the petitions and signatures.

If commissioners express support for the charter amendment tonight, it will head to their July 5 meeting for official approval. The proposal will then appear on the general election ballot this fall.

Eighth Street Workshop
A firm that led a five-day charrette process in May to create a new design for Eighth Street could hold one more public workshop this week to clarify the community’s desires for building heights and land use in the corridor.

Feedback from charrette attendees ranged wildly on maximum building heights on Eighth Street, with many favoring four or five stories but some supporting buildings as high as 10 stories in certain “gateway zones” to accommodate workforce housing. Consulting firm Farr Associates is scheduled to appear in Traverse City Wednesday from 7-9pm at the Park Place Hotel Dome to present an Eighth Street master plan and streetscape and cycle track plan. However, the firm is now proposing to also use that meeting to collect more public feedback on workforce housing and building height and character along Eighth Street. The firm would additionally interview up to six local developers/firms to ascertain the development environment on Eighth Street and how zoning changes could support or hinder future growth.

Commissioners will consider approving an $8,563 extension to Farr Associates’ contract tonight to complete the work, with funds coming from the Michigan State Housing Development Authority. The extension would also give Farr Associates until September 30 to finalize corridor design plans based on public feedback.

Also On Tonight’s Agenda…
Commissioners will discuss amending the city’s Public Art ordinance to require review from the Parks & Recreation board when public art is placed in city parks. The amendment was first proposed in May, when commissioners discussed plans to locate a memorial for former Downtown Development Authority Executive Director Bryan Crough in Lay Park. Commissioners expressed interest at the time in establishing a process that would ensure Parks & Recreation commissioners had a say in approving projects impacting city parks.

Commissioners will also consider going into closed session tonight to discuss personnel evaluations of Trible-Laucht and City Manager Marty Colburn. Both motions will require four affirmative votes to pass. Michigan law allows public staff to request closed hearings for periodic personnel evaluations.

Traverse City commissioners will meet tonight at 7pm at the Governmental Center.

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