Traverse City commissioners Monday night unanimously passed a proposal to sell 20 feet of city property to the developer of Washington Place, and to allow blinking lights on the marquee of Bijou by the Bay during the Traverse City Film Festival.

Though several commissioners expressed frustration with the proposed agreement to sell a strip of city land to developer Tom McIntyre for $92,000 to provide parking access to his development, most preferred the option over a contentious curb cut on to Washington Street. In addition to the purchase price, McIntyre agreed to drop his pursuit of the curb cut, which the city’s board of zoning appeals had narrowly approved but was opposed by commissioners. Such driveways are normally prohibited on downtown properties with alley access. McIntyre also agreed to dedicate 10 metered surface parking spots and two spots in his development’s garage for city use for five years to compensate for 10 spaces the city will be losing in the deal. The estimated revenue from the spots over five years is $30,000.

Commissioner Tim Werner, who noted the city could end up being sued by McIntyre if he couldn’t get parking access to his development, said “he would rather avoid the litigation track” if possible. “While this might not be an ideal agreement, it moves us off of the project. We can be done with it as a city,” he said. Commissioner Barbara Budros called the agreement “a lesson” for city commissioners and board of zoning appeals members about the “need to keep a closer eye on the changes (in a development) along the way.” McIntyre had requested a height variance from the city during the permitting process, which expanded the development’s parking requirements and led to the eventual need for increased access.

Traverse City commissioners also unanimously approved the Film Festival’s request to have blinking lights on the marquee of the Bijou by the Bay from 8am-midnight during festival days. The city’s board of zoning appeals had rejected such lights for the theater when it opened in 2013. While the proposal passed without discussion on the commission’s consent calendar, two commissioners later explained their votes during public comment.

“I know we got some emails from people who did not want those lights,” said Budros. “I only voted for it because I see this as a trial run. Please…pay attention to the lights over the week of the film festival. If you still have problems with it…please let us know. Don’t feel like this is a done deal forever.”

Added Traverse City Mayor Michael Estes: “I have to note that the National Cherry Festival with the ferris wheel lights up (Grandview) Parkway as a huge distraction every year. I felt this was even somewhat subdued compared to that. Since the city does allow that, I thought for one week this was absolutely appropriate.”

Commissioners Monday also passed a resolution of support to request the county apply for a $200,000 Coastal Zone Management grant application that would cover studying trail alignment options and designs for the completion of the Boardman Lake Trail, and approved a $618,493 purchase of a new fire rescue engine for the Traverse City Fire Department.