City Seeks Studio Anatomy LLC Partnership for Bijou by the Bay/Con Foster Building

Traverse City commissioners voted unanimously Monday to enter contract negotiations with Studio Anatomy LLC to operate a performing arts venue in the Bijou by the Bay/Con Foster building in Clinch Park.

The decision marks a significant step in revitalizing the vacant building that has sat empty for nearly 18 months. Studio Anatomy LLC is proposing to use the space for a multi-purpose, all-ages performing arts venue with the working name of Parkway Theater.

City Manager Benjamin Marentette recommended approving the deal after disqualifying the only other application for the space. The competing proposal came from a wellness center called Paper Birch, which aimed to serve users 18 and older with subscription fees. Marentette raised concerns about a building within a city park being accessible to people of all ages and income levels.

Marentette wrote in a memo to commissioners that the Parkway Theater proposal demonstrated stronger potential to activate the space for a broad audience and fits Parks and Recreation's vision for a flexible, multi-use gathering space.

The city manager cautioned that the city still needs to conduct due diligence on the group's financial feasibility and for-profit structure. The review will include examining plans to sublease the space to other groups for events. Marentette said that review will be part of the negotiation process.

Brian Chamberlain of Studio Anatomy LLC acknowledged the long and tedious process to reach Monday's decision. Chamberlain told commissioners the Bijou building was worth it and said the group is ready to get to work.

Kyle Norman of Paper Birch expressed disappointment with the city's process. Norman said the group is deeply moved by the energy of the community in support of their project. Norman added that the wellness center remains deeply committed to bringing a time-honored tradition and beautiful facility to northern Michigan.

We are ready to get to work

Chamberlain told commissioners during the meeting.

The commissioners also voted to extend Crooked Tree Arts Center's lease in the Carnegie Building through October 2027. The new lease includes a three percent rate increase.

Both Crooked Tree Arts Center and the Traverse Area District Library have submitted proposals to use the Carnegie Building on Sixth Street. Marentette is meeting with both groups to explore whether a co-location compromise can reach.

Marentette said there was no valid reason not to extend the lease out of fairness to Crooked Tree. The extension will give the organization ability to program and fundraise for the near future while negotiations continue over long-term plans.

The city manager noted that TADL had no objections to the lease extension. He said he will continue to meet with both groups and provide commissioners an update on possible next steps at their June 1 meeting.

Farmers Market Pavilion Construction Approved Despite Zoning Question

Commissioners voted 5-2 Monday to approve a nearly $3.7 million contract with Elmer's Crane and Dozer to construct a new farmers market pavilion for the Sara Hardy Downtown Farmers Market.

The project will also rebuild Lot B, the parking lot that hosts the market at the corner of Cass Street and Grandview Parkway. Stormwater improvements will be made to the lot. Work is expected to start after the National Cherry Festival and complete by late fall.

The farmers market will relocate to Rotary Square during construction.

The Traverse City Downtown Development Authority is contributing over $2.9 million in tax increment financing funding to the project.

Commissioners Jackie Anderson and Heather Shaw were the sole no votes. Both commissioners cited a late zoning question that was raised during the meeting.

Lot B is designated parkland and zoned OS, or Open Space district. City Attorney Lauren Trible-Laucht explained that farmers markets are one of many types of uses allowed under parks. However, the zoning ordinance does not specifically list municipal markets as a use in OS.

The city's planning commission is updating the language to make expressly clear that municipal markets are allowed in OS. Trible-Laucht said the language is already the case legally. She noted the farmers market has been operating since 1984, predating the zoning ordinance itself by 15 years.

Parks are an allowed use in OS, with farmers markets one of many types of uses allowed

Trible-Laucht told commissioners during the meeting.

Despite Trible-Laucht's reassurance the farmers market can operate legally in Lot B, Shaw and Anderson said they'd heard different legal opinions. The commissioners said they were uncomfortable proceeding until the zoning ordinance is updated.

Other commissioners argued the delay would push the project into next year. They said the delay would negatively impact farmers and the market. Commissioners also said they trusted Trible-Laucht over opinions from non-municipal attorneys.

The commissioners noted the market pavilion has gone through extensive public input. They also cited approvals from the Downtown Development Authority, Parks and Recreation commission, and planning commission.

Other City Business at Monday's Meeting

Commissioners approved an RFP that will be issued this week seeking a law firm to become the city's new legal counsel. Trible-Laucht is leaving her position in June.

Commissioners are deciding to seek a firm to handle the city's increasingly complex legal needs rather than one staff individual. Commissioners are expected to review a rubric at their study session next Monday they will use when interviewing and rating firms.

Commissioners approved spending up to $96,000 as a city match for a grant application to the U.S. Department of Transportation for Safe Street and Roads for All funding. The funds would help the city develop a Safety Action Plan that would identify complete streets improvements.

The plan would include mid-block crossings, bike lanes, medians, and more. Having that plan would qualify the city for additional future grants as well as funding for demonstration projects.

Commissioners supported pursuing the addition of two seats to the Northwest Regional Airport Authority board that would be held by either city commissioners or city residents appointed by commissioners.

Commissioners will formally approve a resolution at an upcoming meeting seeking the expansion of the board from 9 to 11 members.

Commissioner Lance Boehmer noted that the airport occupies nearly 20 percent of the city's land. The airport is undergoing a $120 million expansion in city limits but has zero representation from anybody accountable to our city residents.

Mayor Pro Tem Laura Ness agreed that the city needs to be at the table for Traverse City decision-making. She said the current board members are appointed by Grand Traverse County.