Politics & Government

Berkley City Council Has A Busy Session

A home demolition, Berkley Days, medical marijuana and more were on the agenda Monday.

The Berkley City Council was busy Monday night during its meeting at .

A home demolition, library fees, medical marijuana and more were among the issues discussed.

Home demolition

The council passed a resolution ordering demolition of the home at 3275 Tyler, which has been deemed a safety hazard to the community.

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"This is being done in accordance with Michigan housing law (Act 167 of 1917)," City Manager Jane Bais-DiSessa said. "This is a very difficult issue."

The structure belonged to a resident who died several years ago without a will, City Planner Amy Vansen said. The city contacted the owner's son, Robert Markey, who attended hearings and received mailed notices about the property, she said. Markey stated that his mother's wishes had been for his brother to take ownership of the house, but neither he nor his brother took the steps necessary to do so.

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Markey has 21 days to bring the home, which has a collapsing roof and flawed foundation, up to code before it is demolished.

Mark your calendar for Berkley Days

The annual event will take place May 13-15, according to a resolution passed Monday night.

Berkley Days Association chairwoman Denise Brainard said activities on the schedule this year include a midway, craft show, raffle, 10K race, book sale, pancake breakfast, horseshoe tournament, bike safety poster contest and pooch pageant. Brainard also challenged the City Council to a softball game on behalf of the Dads' Club and Berkley Days. Organizers are considering a new Taste of Berkley event, she said.

Berkley Days is one of the biggest fundraisers throughout the year for service organizations in the community.

Library adds fees for nonresidents

In order to keep pace with the rates in surrounding communities, the council passed a motion that will add a $1-per-hour fee for nonresidents who use the Internet at the .

"We've been doing this for years and, up until now, have not charged for this," Library Director Celia Morse said. "But, it's like dominos falling." Neighboring communities have started charging and, until recently, only Huntington Woods and Berkley did not, she said, adding that beginning April 1, the will charge.

"We need to be doing what everybody else is doing so we're not being taken advantage of," Morse said. One upside of the new charge, she said, is that it could help fund an Internet capacity upgrade at the library.

The council also passed a motion to increase the nonresident library card fee to $125. Currently, the library sells only two cards each year, Morse said. But when the Troy Public Library closes in May, its patrons are expected to seek library service elsewhere, and the Berkley facility does not have the resources to deal with an influx of new patrons, she said.

"We do not want to be the bargain," she said.

Going and staying green

The council extended by one year, or until an ordinance is passed making it permanent, the term of the city's ad hoc environmental advisory committee, which was set to dissolve this month. City Attorney Dale Schneider said he expects to have an ordinance pertaining to the committee at the next City Council meeting, which is March 21.

Medical marijuana

The council, weary of discussing the medical marijuana issue but seeking to protect the city from potential lawsuits, took it up once more Monday night.

"We passed a moratorium and a second moratorium, hoping the state would address the law or another city would come up with a moratorium that doesn't put the city at risk," Mayor Marilyn Stephan said.

"We could risk being sued. As mayor of the city of Berkley, I am not willing to take that risk. ... The law's like a piece of Swiss cheese. It's full of holes."

In response, Schneider presented the council with four potential courses of action:

  • Enact or amend an ordinance prohibiting marijuana in the city.
  • Enact or amend an ordinance prohibiting medical marijuana dispensaries in the city.
  • Try to zone it.
  • Extend the current moratorium.

"I wish I could give you more guidance, but I don't have a crystal ball," Scheider said. "We don't know if more cases will come down or if the Legislature will take action."

Councilman Daniel Benton left no doubt about where he stands: "My big hang-up is the dispensaries and the large grow areas. ... I'd rather be sued than vote for dispensaries."

Council members Dan Terbrack and Phil O'Dwyer agreed with Benton's opposition to dispensaries in Berkley. So Vansen, the city planner, presented a novel idea: The city could regulate dispensaries under business licensing rules that say federal law can't be violated instead of through zoning.

Stephan directed Vansen, Schneider, members of the city administration and Public Safety Director Richard Eshman to put together a proposed ordinance along the lines of Vansen's suggestion and return to council with it at a later date.

Only Councilwoman Lisa Platt Auensen expressed opposition to the plan. "I don't believe a dispensary is the downfall of Berkley," she said.

Happy St. Paddy's Day!

O'Dwyer, a native of Ireland, wished residents a very safe and happy St. Patrick's Day. The holiday, which celebrates the island nation's patron saint, is March 17.

Correction: Thanks to Councilman Phil O'Dwyer, who explained that Paddy is the male version of the name.


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