Menominee City Council member Joe Dulak, shown at an earlier meeting, could face a recall election next May. Papework has been filed in Menominee County.
Menominee City Council member Joe Dulak, shown at an earlier meeting, could face a recall election next May. Papework has been filed in Menominee County.
MENOMINEE — Two marijuana-related amendments were tabled for entirely different reasons Monday by the Menominee City Council.
Council member Cheryl Haupt, at the start of the meeting, called for a two-month delay for an ordinance amending the Marijuana Zoning of the Menominee Code of Ordinances that among other things, aims to increase the buffer zone distance dispensaries must be from churches (from 200 feet to 1,000 feet), and establish 1,000-foot buffer zones from City of Menominee municipal operations and residential property.
A second ordinance – regarding ethics and the application requirements and procedure for issuing municipal licenses – was tabled until City Manager Brett Botbyl and City Attorney Michael Celello could both be in attendance. Neither were at Monday’s meeting.
Regarding the first ordinance, council member Joe Dulak said, after consulting with Celello earlier in the day, the issue should go before the Planning Commission and then the council.
He questioned why the matter was even brought up.
“It’s a blatant violation of the (Michigan) Zoning Enabling Act, plain and simple,” Dulak said. “Does anybody know the consequences of changing these (distances). If you’re going to change something you have to know the consequences.”
He said, if approved, the ordinance would affect every marijuana dispensary in the city.
“If these buffer distances were approved, there is essentially not one spot in the City of Menominee for a licensed marijuana retailer to operate per the ordinance,” Dulak said. “This is a black and white violation. You can’t have an ordinance to allow marijuana and then completely shut it down.”
He said it’s ludicrous to kick this can down the road.
Haupt said she also talked with Celello and she believes two months is time for this matter to go to the Planning Commission and then come back to the council.
Puff Cannabis attorney Jennifer Green said Tuesday morning that if that amendment is approved, the city will face more legal action.
“If they attempt, after the fact, to change the zoning after they issued us a building permit they will see swift litigation, you can guarantee it,” she said. “You cannot rezone property after you’ve already given a building permit. … The city of Menominee has to abide by their own rules and the Michigan Zoning Enabling Act.”
The second motion involved the application requirements also was introduced by Haupt and pertains to council members having a conflict of interest when involved with marijuana dispensaries.
Dulak – a long-time real estate owner/broker – believes the ordinance clearly is aimed at him.
“If determined in court that this proposed amendment is a targeted attempt against a certain city council member … it may result in more lawsuits against the city,” he said.
Dulak said Celello told him the amendment is absolutely unnecessary and he does not approve of it.
Haupt said the language is the “red line version” from Celello and exactly the same as what she submitted two years ago that went nowhere. “He (Celello) went over that language; he made a red-line version,” she said. “Actually, that language is the same ethics language we had in the summer of 2022.”
Council member Donna Marineau said she would like to hear from Celello directly. The council then voted to delay the matter until both Celello and Botbyl can be present.
Dan Kitkowski can be reached by email at dkitkowski@eagleherald.com
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