Stories indexed with the term ‘medical marijuana’

At its March 21, 2011 meeting, the Ann Arbor city council finally took its first vote on a set of licensing requirements for medical marijuana businesses. All new ordinances require a second and final vote by the city council after a formal public hearing. The council had first considered the licensing scheme at its Dec. 6, 2010 meeting.

The council undertook several amendments to the licensing proposal at three of its meetings over the last three months: on Jan. 3, Feb. 7 and March 7. It also amended the ordinance on March 21, most notably to include a requirement that dispensaries maintain records for 180 days one year using unique alpha-numeric identifiers for patients and caregivers, different from the Michigan Dept. of Public Health registry numbers.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities, and directed its planning commission to develop zoning regulations for medical marijuana businesses. Subsequently, the city attorney’s office also began working on a licensing system.

The moratorium on using additional facilities in the city as medical marijuana dispensaries and cultivation facilities – first enacted on Aug. 5, 2010 and subsequently extended – was extended a second time by the council at its Jan. 18 meeting to go through March 31, 2011. When this brief was filed, the council had taken a recess and had not yet voted on extending the moratorium.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow. [Full Story]

Ann Arbor city council meeting (March 7, 2011) Part 2: At its first meeting in March, the city council undertook extensive amendments to a licensing proposal for medical marijuana businesses that it began considering for the first time at its Dec. 6, 2010 meeting. However, at the early March meeting, the council ultimately decided to postpone again its initial vote on the licensing proposal, which will eventually require two votes by the council, if it is to be enacted.

The city council will again take up the issue of licenses for medical marijuana businesses at its Monday, March 21 meeting.

The council had previously heavily amended the licensing proposal at its Jan. 3, 2011 meeting as well as at its Feb. 7 meeting. The amendments made on March 7 put the council possibly in a position to make any final amendments, and to take its initial vote on the licensing proposal at its March 21 meeting. [.pdf of medical marijuana licensing proposal after March 7 amendments – "clean" version] [.pdf showing amendments undertaken at the March 7 meeting – "marked up" version]

Also at the March 21 meeting, the council is expected to extend the moratorium on use of property within the city for medical marijuana businesses – first enacted at the council’s Aug. 5, 2010 meeting. The initial moratorium was supposed to last only 120 days, but was subsequently extended at the council’s Nov. 15, 2010 meeting for another 60 days, and again at its Feb. 7, 2011 meeting an additional 60 days, until March 31, 2011. The council wants to coordinate the second and final vote on a medical marijuana zoning ordinance, which it passed initially on Oct. 18, 2010, with the vote on the licensing ordinance.

An additional medical-marijuana-related item, postponed from the March 7 meeting until March 21, is a proposal to enact a clear non-disclosure policy for information that the city might gather from people who have registered with the state of Michigan as medical marijuana patients and caregivers under Michigan’s voter-approved Michigan Medical Marijuana Act.

Part 1 of the March 7, 2011 city council meeting report – which deals with the non-medical marijuana issues on the agenda – was previously published as a separate article. [Full Story]

At its Feb. 22, 2011 meeting, the Ann Arbor city council again delayed its consideration of a set of licensing requirements for medical marijuana businesses. The council has now delayed its initial vote on the licensing requirements at five meetings, dating back to Dec. 6, 2010. The postponement was until March 7, 2011, the council’s next meeting.

The vote that was again postponed is the first of two votes the council must take on any new ordinance it enacts. At its meetings over the last few months, the council has heard extensive public commentary on medical marijuana, but that commentary does not constitute a formal public hearing, which will be held at the same meeting when the council votes on final approval of the licensing, provided it eventually gives initial approval to the licensing system.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities and directed its planning commission to develop zoning regulations for medical marijuana businesses. Subsequently, the city attorney’s office also began working on a licensing system.

At its Jan. 3 meeting, the council heavily amended the licensing proposal. At its Jan. 18 meeting, the council was poised to undertake further amendments to the licensing proposal, including many that concerned limiting the amount of information that is required to be divulged by those associated with license applications. However, the council did not amend the proposal further at that meeting. The council undertook additional amendments to the licensing proposal at its Feb. 7, 2011 meeting.

The moratorium on additional facilities in the city to be used as medical marijuana dispensaries and cultivation facilities was extended by the council at its Jan. 18 meeting to go through March 31, 2011.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

Ann Arbor City Council meeting (Feb. 7, 2011): At its Monday meeting, the council made some progress on further amendments to a proposed licensing scheme for medical marijuana businesses, but ultimately decided to postpone their initial vote on the licensing law. Among the amendments made by the council on Monday night was one that provided a definition of a “cultivation facility” – something that a council caucus attendee had suggested the night before.

The postponement of an initial vote to the council’s next meeting, on Feb. 21 22, means that a final vote on licensing could not come sooner than the council’s March 7 meeting. An initial vote on zoning regulations for medical marijuana businesses was already taken by the council at its Oct. 18, 2010 meeting. On Monday, the final vote on those zoning regulations was also postponed to March 7. The council’s pattern over the last two months has been to postpone the final vote on zoning regulations for medical marijuana businesses so that it will coincide with the final vote on licensing.

The council also took action on several development-related issues. Without discussion, councilmembers approved an amendment to a contract with Village Green to develop a 244-space parking deck as the first two stories of a 9-story building, City Apartments – a 156-unit residential planned unit development (PUD) at First and Washington. The contract approval is part of a series of milestones that is planned to culminate in Village Green’s purchase of the city-owned land parcel for $3 million by June 1, 2011, and with construction starting later in the summer.

The council also approved an application fee reduction, from nearly $5,000 to $2,000, for the developer of Heritage Row, a residential project proposed for Fifth Avenue just south of William Street – if  the project is resubmitted within 90 days. The resolution began as a fee waiver, but was amended to be a reduction. On resubmission, the project will go through the complete review process, starting with a citizen participation meeting.

The council also took action to implement the city’s new design guidelines for new downtown buildings. It sets a purely voluntary review and compliance process in place for now, with the expectation that the mandatory review process with voluntary compliance will be implemented later.

The council unanimously approved the city’s new capital improvements plan (CIP) after a close 6-5 vote that removed an item calling for an extension to the Ann Arbor municipal airport runway. And one item appearing in the CIP was moved ahead to possible fruition: A possible roundabout for the Maiden Lane and Fuller Road intersection will be studied and engineered under a $460,139 contract with DLZ Michigan Inc.

At Monday’s meeting, the council also authorized applications for federal matching funds to acquire development rights for two greenbelt properties.

And labor issues found their way into the deliberations in two ways. First, Stephen Rapundalo (Ward 2), chair of the council’s labor committee, gave a breakdown of the large disparity between health care costs paid by the city’s fire and police union members as contrasted with the city’s non-union staff, as well as with University of Michigan employees. Second, as part of its consent agenda, the council approved a $54,000 contract with a consultant to study fire protection service requirements in Ann Arbor. The city administrator cited such a study at a recent council budget retreat as useful if the city decides to contemplate a shift to a combined paid-on-call and full-time staff fire department. [Full Story]

At its Feb. 7, 2011 meeting, the Ann Arbor city council considered for a third fourth time a proposal on a set of licensing requirements for medical marijuana dispensaries and cultivation facilities in the city. And again the council voted to postpone its initial vote on the licensing scheme, after undertaking several amendments during lengthy deliberations.

The vote that was postponed is the first of two votes the council must take on any new ordinance it enacts. At its meetings over the last few months, the council has heard extensive public commentary on medical marijuana, but that commentary does not constitute a formal public hearing, which will be held at the same meeting when the council votes on final approval of the licensing, provided it eventually gives initial approval to the licensing system.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities. Subsequently, the city attorney’s office also began working on a licensing system, which the council first considered at its Jan. 3, 2010 meeting.

At its Jan. 3 meeting, the council heavily amended the licensing proposal. Among the key amendments made at that meeting was one that stripped “home occupation” businesses out of the proposal. At the Jan. 3 meeting, the council also increased the cap on the total number of licenses available to 20 for dispensaries and 10 for cultivation facilities. Another major amendment made on Jan. 3 was the creation of a board to govern the issuance of licenses. However, the council delayed voting on the first reading of the proposal. [.pdf of licensing ordinance language at the start of the Feb. 7, 2011 meeting]

At its Jan. 18 meeting, the council was poised to undertake further amendments to the licensing proposal, including many that concerned limiting the amount of information that is required to be divulged by those associated with license applications. However, the council did not amend the proposal further at that meeting.

The moratorium on additional facilities in the city to be used as medical marijuana dispensaries and cultivation facilities was extended by the council at its Jan. 18 meeting to go  through March 31, 2011.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

The Michigan Medical Marihuana Act (old-tyme spelling courtesy of the Michigan legislature) has been in effect since December 2008, but it wasn’t until last summer that seemingly every stationary object and alternative newspaper in Michigan was plastered with pot-leaf emblazoned ads for dispensaries, compassion centers, and doctors willing to recommend medical marijuana.

As the business columnist for the Current, I dropped in on one such business, hoping to sit down with the good doctor and get a sense of just how all this worked. To ensure accuracy, I always record my interviews, something the subjects of those interviews usually appreciate: No one wants to be misquoted.

I was shocked when this doctor declined to be recorded. In four years of writing that column no one had ever asked that I not record: burlesque dancers, roadkill-eating geeks, foreign-born restaurateurs with unpopular social stances, even those involved in actual criminal enterprises had all been fine with a recorded interview.

But this medical doctor didn’t want me to record her talking about her medical practice, nor would she tell me her first name – although LinkedIn outed her the next day when it showed me her picture and suggested we connect as business contacts. [Full Story]

At its Jan. 18, 2011 meeting, the Ann Arbor city council delayed giving initial approval to a licensing ordinance for medical marijuana. At its Jan. 3 meeting, the council had heavily amended the licensing proposal, which was drafted by the city attorney’s office. Among the key amendments made at the first meeting in January was one that stripped “home occupation” businesses out of the proposal. At the Jan. 3 meeting, the council also increased the cap on the total number of licenses available to 20 for dispensaries and 10 for cultivation facilities. Another major amendment made on Jan. 3 was the creation of a board to govern the issuance of licenses. However, the council delayed voting on the first reading of the proposal. [.pdf of licensing ordinance language at the start of the Jan. 18, 2011 meeting]

At its Jan. 18 meeting, the council was poised to undertake further amendments to the licensing proposal, including many that concerned limiting the amount of information that is required to be divulged by those associated with license applications. However, the council did not amend the proposal further at this meeting. The licensing proposal will now be taken up for initial approval again on Feb. 7, 2011.

The moratorium on additional facilities in the city to be used as medical marijuana dispensaries and cultivation facilities was extended by the council through March 31, 2011. Final approval of zoning regulations on medical marijuana facilities was rescheduled for Feb. 21, 2011.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

Ann Arbor City Council meeting (Jan. 3, 2011): The council’s meeting was held in the Washtenaw County board of commissioners boardroom to accommodate current renovations to city hall. Before the meeting, advocates for medical marijuana demonstrated with signs and chants on the sidewalk outside the Washtenaw County administration building on North Main.

Inside at the meeting, the council ultimately delayed their vote on an initial approval of a licensing scheme for medical marijuana dispensaries, cultivation facilities and home occupations. That initial vote is now scheduled for Jan. 18, with final approval expected in early February, along with zoning regulations affecting medical marijuana-related businesses. The licensing proposal to be considered by the council at its next meeting will be significantly different from the one that they started with Monday night, due to various amendments councilmembers approved, before voting to postpone the measure.

Amendments included: eliminating home occupations from the licensing scheme; increasing the number of licenses to 20 for dispensaries and 10 for cultivation facilities; creating a licensing board; removing reference to “misdemeanor involving a controlled substance”; and revising the language of required internal signage.

The council also dispatched with several other pieces of major business, with scant deliberation. Those included: final approval of revisions to the city’s area, height and placement regulations in the zoning code; final approval for adoption of the Michigan Vehicle Code and the Uniform Traffic Code; appropriation of funds for footing drain disconnection; approval of new fire inspection fees; and a contract for weapons screening services at the new municipal center. [Full Story]

Ann Arbor City Council meeting (Dec. 6, 2010): Five different presentations, plus a full roster of public commentary, meant that two and a half hours into their meeting the Ann Arbor city council had not transacted any business – except for adopting its rules for the next year.

Council rules factored prominently later in the meeting, when a motion to suspend them failed. Had the rules been suspended, it would have cleared the way for the council to reconsider their previous decision to reject a residential planned unit development (PUD) on Fifth Avenue – Heritage Row. The project, which began as a conditional rezoning proposal three years ago, went through iterations since 2007 that included a brownstone-style PUD and a matter-of-right proposal called City Place, which eventually did win approval from the council.

After their previous council meeting, which featured water as a prominent theme, the council focused much of its attention on land-related issues like Heritage Row. In another land-use related item, the council approved revisions to the city’s area, height and placement (AHP) zoning provisions in the city code. But amendments to the AHP resolution were substantive enough that the approval process was reset to the initial, first-reading step. The AHP changes – which, as amended, provide that height limits do not apply in so-called “employment districts,” unless they abut residential areas – will need approval at a second reading in order to be enacted.

A land-use item that was intended mostly as administrative housekeeping – several park areas previously designated as residential, office, and business districts were rezoned with the public land (PL) designation – generated substantial public commentary and council deliberations. Several public commenters expressed concern about whether the PL designations, which the council approved, afforded adequate protection for the continued use of the land as parks.

Although not strictly a land-use issue in a zoning sense, a proposed contract with WeCare Organics to operate the city’s compost facility was linked to terra firma by acreage owned by the city where the facility is located, plus the fact that it processes yard waste generated from residents’ property. The council approved the WeCare contract after extended questioning of city staff and a representative from WeCare.

Also tangentially related to land use was an item that introduced a licensing scheme for medical marijuana dispensaries and cultivation facilities in the city. After questioning the city attorney about several provisions of his proposed licensing requirements, councilmembers decided to postpone the issue until their Jan. 3, 2011 meeting. The new zoning regulations regarding where medical marijuana dispensaries and cultivation facilities can be located, which were scheduled to be heard at second reading on Dec. 20, were rescheduled for Jan. 18.

A land travel-related agenda item the adoption of the Michigan Vehicle Code (MVC) as part of the city’s traffic ordinances. Two years ago, the city had adopted the MVC but excluded portions of that state law relating to the setting of speed limits. The adoption of the full MVC came in response to a possible class-action lawsuit against the city.

As heavily land-centric as the agenda was, Ann Arbor city council also dealt with $9 million worth of water issues. It approved petitions of the Washtenaw County Water Resources Commissioner (WCWRC) office for five different projects in drainage districts that lie at least partly inside the city of Ann Arbor. The total cost of all the projects, including the non-city share, is a bit over $9 million. They qualify for low-interest state-revolving fund loans, up to 50% of which may be forgiven by the state. The payments on the loans will come from the city’s stormwater fund. [Full Story]

Ann Arbor City Council meeting (Nov. 15, 2010): On Monday, the council postponed action on some major policy questions, but approved six water-related items.

The council approved a $1,168,170 bypass around the Argo dam that will take the place of the current headrace, which is separated from the Huron River by an earthen embankment. The bypass will eliminate the portage currently required by canoeists. It would also allow the city to comply with the consent order it has with the state of Michigan that requires the city to address the repair of toe drains in the embankment.

Another item – on the funding of dam maintenance – was in its original form related more closely to the Argo bypass than in its amended version. The council approved a resolution that directed the city administrator to end the payment for repairs, maintenance and insurance of Argo and Geddes dams from the city’s drinking water fund. The shift in dam activity funding will be effective with the start of fiscal year 2012, which is July 1, 2011. An amendment to the original resolution, however, had the impact of leaving intact a previously budgeted $300,000 from the drinking water fund for possible construction of the Argo bypass.

The third water-themed agenda item approved by the council was $553,320 for fabrication of a piece of exterior art – a fountain-like sculpture – that had been commissioned from German artist Herbert Dreiseitl for the new municipal center. Dissenting votes were cast by Sabra Briere (Ward 1), Stephen Kunselman (Ward 3) and Marcia Higgins (Ward 4).

The council also approved the receipt of a $216,723 Federal Emergency Management Agency (FEMA) grant for the purchase and demolition the structures at 215 and 219 W. Kingsley Street, which are located in the Allen Creek floodway. The area is subject to flooding during heavy rainstorms. The site will be modified in a way to create a small stormwater retention area, with $72,241 in city funds for the project to be drawn from the stormwater capital budget.

The council approved a drainage easement related to the new underground parking structure being constructed on Fifth Avenue. A final item related to water – in its frozen form – was an authorization to treat the Big Chill hockey game on Dec. 11 the same way that football Saturdays are treated, with respect to vending and parking near Michigan Stadium.

Among the postponed items was a modification to the zoning code to regulate medical marijuana facilities. In conjunction with that postponement, the council also extended a moratorium on the use of facilities for dispensing or cultivating marijuana for 60 days – until Jan. 31, 2011. At the council’s Dec. 6 meeting, it will give initial consideration to a licensing requirement for medical marijuana facilities. Then at its Dec. 20 meeting, it will give final consideration to both the zoning regulations and the licensing proposal.

Also among the postponed items was the conversion of the city’s composting facility to a merchant operation, which would offer a contract to WeCare Organics, a New York-based firm. The proposal on the compost operation will come back to the council at its Dec. 6 meeting. The council also postponed for a third time revisions to the city’s area, height and placement zoning regulations. For another zoning-related item, the council extended a deadline from Dec. 6, 2010 to Feb. 22, 2011 for the design guidelines task force to complete its work.

In other action, the 15th District Court judges will now have a place to sit in the new municipal court facility. A previously twice-postponed item to authorize a budget revision of up to $160,000 to purchase furniture for the court was approved. The dollar amount was reduced to about half that figure, after the court was asked to produce an itemized list of the furniture it intended to buy.

The council also entertained a customary range of public commentary and communications from its own ranks. [Full Story]

Ann Arbor City Council meeting (Oct. 18, 2010): On Monday night, the council gave an initial approval to a set of zoning laws that are intended to regulate medical marijuana use in the city. It also gave the city attorney direction to pursue the development of a license for medical marijuana facilities. All ordinances require an initial approval – a first reading – followed by a second and final reading at a later meeting.

Also related to zoning was the council’s second-reading consideration of changes in the city’s zoning code for areas outside the downtown, across most of the city’s zoning classifications. The changes affect area, height and placement (AHP). The final approval of the AHP zoning overhaul had been postponed from council’s first meeting of the month, on Oct. 5, at the request of Marcia Higgins (Ward 4).

At Monday’s meeting, Higgins brought forth amendments that confined a height cap on buildings to areas adjacent to residential areas. The amendments would allow taller buildings in some non-residential areas, like Briarwood Mall. After some deliberation on the merits of the amendments, Higgins withdrew them, and the council elected to postpone the measure. With Higgins’ amendments, the proposal would be substantively different from the proposal that had already received council approval at first reading, and would thus require an additional reading before final adoption.

In other matters before the council, it was also Higgins who provided much of the impetus for conversation. Two items involved modification to the city’s budget by drawing upon the general fund reserve. One involved a $153,116 expenditure for the city’s planning department to fund corridor planning, and the other was a $160,000 item to purchase furniture for the 15th District Court, which will soon take up residence in the new municipal center at Fifth and Huron. The planning department money was approved over Higgins’ dissent, while the court’s expenditure was postponed, pending the production of an itemized list of what’s being purchased. The two items prompted discussion of the projected budget deficit for FY 2012, which the city’s CFO had estimated in May to be $5 million.

In other business, the council took the final step to enact a special assessment of property owners along Washtenaw Avenue to fund a portion of a new non-motorized path. The council also approved its part of a two-year extension to the consent agreement with Glen Ann Place, which gave site-plan approval for a project at the corner of Glen and Ann streets. Council also gave initial approval to stricter stormwater management rules for impervious surfaces in residential zoning districts.

Council chambers were filled at the start of the meeting with many members of the community who came to hear a proclamation and watch councilmembers vote on a resolution giving council’s support to a similar Michigan Civil Rights Commission resolution. The MCRC condemned the conduct of assistant attorney general Andrew Shirvell, who has written blog posts targeting Chris Armstrong, an openly gay University of Michigan student leader. The Ann Arbor city council’s resolution also calls upon the state legislature to pass a proposed comprehensive hate crime bill and a school anti-bullying law currently before the state Senate. [Full Story]

Ann Arbor Planning Commission meeting (Oct. 5, 2010): Zoning for medical marijuana businesses was the main agenda item for the commission’s Oct. 5 meeting. The issue drew more than a dozen people to council chambers, and six people spoke at a public hearing on the topic.

The draft ordinance that was ultimately approved unanimously, and forwarded to the city council, contained several changes from the version that the commission considered at its Sept. 21 meeting. During the Oct. 5 deliberations, commissioners also approved three out of four proposed amendments, some of them in response to input from the public.

In a separate vote, the commission approved a motion to recommend that the city council institute a medical marijuana business license. Eric Mahler cast the lone vote of dissent. There was little discussion and no details about what the license would entail, aside from a general intent “to address issues that fall outside the scope of the zoning ordinance, such as building security and code compliance for electrical use, fire suppression, and ingress/egress.”

Commissioner Jean Carlberg questioned Kristen Larcom of the city attorney’s office about whether the license would only apply to dispensaries, or if it would be required of cultivation facilities and “home occupation” businesses as well. In reply, Larcom said she didn’t know – they hadn’t yet drafted it. Commissioner Kirk Westphal asked if the license might include a cap on the number of dispensaries in the city – Larcom said that it might.

In their final item of business, planning commissioners unanimously agreed to reconsider a petition they had rejected at their Sept. 21 meeting – to a special exception use that would allow for the expansion of Arbor Dog Daycare, a business located at 2856 S. Main St., near the corner of Eisenhower. They then immediately tabled action on the item until their Oct. 19 meeting. The owners spoke during public commentary urging commissioners to reconsider, but later in the meeting commissioner Jean Carlberg said she’d spent more than an hour in the neighborhood near the business, and was disturbed by the level of noise coming from barking dogs there. [Full Story]

Ann Arbor Planning Commission meeting (Sept. 21, 2010): In a marathon meeting that lasted past midnight, the planning commission handled two major projects: Site plan approval for Fuller Road Station, and a medical marijuana zoning ordinance.

City council chambers were packed with people wanting to address the commission on those two issues, which were the final two items on the night’s agenda.

Before getting to those, commissioners dealt with several lower-profile items. One was a request by the owners of Arbor Dog Daycare asking for permission to expand their business. A neighbor came to oppose it, saying “to expand the operation means more barking.” The commission voted on it twice – an initial vote, then a reconsideration at the end of the meeting at the request of commissioner Evan Pratt, who arrived late and missed the first vote. In both cases, the project failed to get the necessary six votes for approval.

The commission also approved the site plan for a Lake Trust Credit Union branch at the southeast corner of West Stadium and Liberty, despite some concerns about tearing down the existing building.

Later in the meeting – after three hours of staff presentations, a public hearing and commissioner deliberations – Fuller Road Station’s site plan did win approval, with two commissioners dissenting. The project will now move to city council for a vote.

And the final public hearing of the night – on zoning changes that would regulate dispensaries and “home occupations” for medical marijuana – drew 15 speakers. All of them, to varying degrees, urged commissioners not to restrict safe access to medical marijuana. The planning staff had recommended postponement, and commissioners followed that advice. They voted unanimously to postpone action on the proposal, allowing time to incorporate feedback heard during the meeting’s public hearing. The commission is expected to take up the issue again at its Oct. 5 meeting. [Full Story]

At the Aug. 5, 2010 meeting of the Ann Arbor city council, councilmembers considered a resolution originally drafted by city attorney Stephen Postema to impose a temporary moratorium on the dispensing and growing of medical marijuana. The city council ultimately passed a modified version of the moratorium, with exemptions for patients and caregivers, a grandfathering-in of existing facilities in the city and a reduction in the length of the moratorium from 180 to 120 days. The moratorium ends Dec. 3.

The resolution passed by the council also directed the city staff and planning commission to look at possible zoning ordinance changes, with the intent of regulating medical marijuana in Ann Arbor. The resolution does not mention other regulatory approaches, such as licensing.

Since then, the city’s planning staff and the ordinance revisions committee of the planning commission have been developing recommendations to change the city’s zoning code. The changes would regulate medical marijuana dispensaries as well as marijuana grown by registered caregivers as a “home occupation.”

At a Monday, Sept. 13 meeting of the ordinance revisions committee, the group mentioned a parallel track that’s being pursued by the city attorney’s office: licensing of medical marijuana dispensaries. Wendy Rampson, head of the city’s planning department, said that Postema has also been working with the Michigan Association of Municipal Attorneys regarding an approach to licensing medical marijuana. Postema is president of that group. [Full Story]

During the Ann Arbor city council’s Aug. 5, 2010 deliberations on a medical marijuana moratorium, councilmember Stephen Rapundalo (Ward 2) described how the council had discussed the issue and given the city attorney a directive to draft a moratorium so that it could be brought to that evening’s meeting. Later that night, Rapundalo told The Chronicle he’d been referring to a discussion that took place during a closed session on July 19.

If accurate, Rapundalo’s original comments seem to describe a violation of the Michigan Open Meetings Act, which does not allow the council to develop legislative strategy and public policy in closed session. During council’s meeting on Tuesday, Sept. 7, Rapundalo said he may have “misrepresented” the activities of the closed session with his earlier comments, rejecting the labels “discussion” and “directive” – but still allowing that a councilmember had told the city attorney that they wanted to see legislation drafted to come before the council.

Rapundalo’s comments, even taken together with remarks made by the city attorney at the council’s Sept. 7 meeting, still leave many questions unanswered. [Full Story]

Ann Arbor City Council meeting (Aug. 5, 2010): Around 75 people packed into city council chambers on Thursday night to hear council deliberations on a marijuana-related moratorium. The item had been added to the council’s agenda late the previous day – and the issue had received no discussion or mention by city officials at any previous open meeting.

The measure as initially drafted by city attorney Stephen Postema would have halted all dispensing and growing of medical marijuana in the city. The moratorium came in response to the operation of some dispensaries and cultivation of marijuana in the city after the Michigan Medical Marijuana Act of 2008 was approved by Michigan voters.

In 2004, Postema had argued that the city’s charter amendment, which allows medical uses of marijuana and was approved by voters that year, was not enforceable, and said that people would continue to be prosecuted as before.

Several of the attendees addressed the council during public commentary, all opposing the moratorium. During deliberations, councilmembers made significant amendments to Postema’s proposal that took off some of its harsher edges. Amendments to Postema’s moratorium included a specific exemption for patients and caregivers, a grandfathering-in of existing facilities in the city and a reduction in the length of moratorium from 180 to 120 days. The milder version of the measure, when unanimously approved, was met with applause from the audience.

In other significant business, the council: approved the site plan for a new downtown residential development, Zaragon Place 2; authorized an extension on Village Green’s purchase option agreement for the First and Washington parcel where the City Apartments PUD is planned; gave initial first-reading approval to a ban on placement of couches on porches and other outdoor environments; and approved a change to the site plan approval process that replaces definite deadlines with a standard of “reasonable time.”

Mayor John Hieftje also placed recently-retired county administrator Bob Guenzel’s name before the council as a nomination to the Ann Arbor Downtown Development Authority board. He clarified that Guenzel would be replacing Jennifer S. Hall, whose term expired on July 31.

Council typically meets on Mondays, but moved its meeting to Thursday to accommodate the Aug. 3 primary election. All council incumbents who were running for reelection won their races. [Full Story]