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After a public hearing and second reading of the proposed ordinance -- No. 376, an amendment to the zoning and unified development code, section 158.28 -- the council voted, 4-2, to pass it. New construction in the "B-2, Central Business District" must now bury telephone, electric, cable, water, sewer, gas and other utility lines.

The original wording sent to council from the planning commission asked that the village require persons doing "major renovations" to bury lines, but council members expressed concern about using the word "major" in the ordinance.

Myrna Howse, a resident and former village trustee, asked who would decide if a renovation were "major." The job of deciding would have gone to zoning administrator Steve Ravezzani.

Terri Crandall-Kimble, Elk Rapids Area Chamber of Commerce executive director, said later in the meeting it was her understanding that council had intended to move away from village staff members making such decisions.

In fact, later in the meeting, the council set the first reading of another proposed ordinance that would take out of the hands of village staff decisions regarding major and minor changes on Planned Unit Developments.

Village manager Bob Peterson said he had concerns about the ordinance No. 376's language because he felt it placed a burden on property owners and Ravezzani. In the case of major renovations that require a county permit but no village zoning compliance permit, for example, the zoning administrator could be unaware of the renovation until it neared completion, Peterson wrote in his regular communication to council.

Village President Dan Reszka asked whether taking out the sentence containing the "major renovations" wording would solve the problem.

Without the sentence, new construction -- which Reszka said he considered new buildings or additions to existing buildings -- would trigger a zoning compliance permit, which would in turn let the zoning administrator know that utilities should be buried.

In a memo to council written by village Trustee Steve Francis, who was excused from the Jan. 2 meeting, he writes "eliminating the entire last sentence would not represent the well-reasoned intention of the commission, which I strongly believe was meant to include renovations, but only within a common sense understanding of that term."

Ravezzani opened discussion on the ordinance by explaining the its history. The village's Downtown Development Authority had asked the planning commission to look at whether the village should require utilities to be buried in its downtown business district.

During a December meeting, council sent the ordinance back to the planning commission to discuss the "major" issue. The commission sent it back to council welcoming its revision, according to Francis' memo.

The Downtown Development Authority first proposed the idea about five or six months ago. Reszka said the group wanted the issue discussed and wasn't pushing for the language.

The ordinance applies the central business district, and most lines on the north side of River Street are buried. The Downtown Development Authority plans to bury utility lines between Bridge and Pine streets during construction this summer.

Ravezzani said burying utility lines throughout the village has been a goal since its first master plan was written.

"When and if that ever happens is yet to be seen," he said.

"To see things come to fruition in the master plan" he said the village typically requires new construction to bury its utility lines.