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					CITY OF DEWITT Page 1 Regular City Council Meeting September 18, 2006 Council Chambers CALL TO ORDER: Mayor Paul Opsommer called the Regular City Council Meeting to order at 7:00 p.m. He led the Pledge of Allegiance. ROLL CALL: Council Members Present: Sue Erickson, Dave Hunsaker, Tim Kangas, Ken Ross, and Jim Rundborg Excused: Ray Knick STAFF: Lisa Grysen, Rob Nesbitt, Planning Consultant, Chief Larry Jerue, Dan Matson, and Brian Vick AUDIENCE: Dan Peckam, Tim Hovey, and Bob Showers, County Commissioner APPROVAL OF AGENDA: Motion by Rundborg, seconded by Erickson and carried by unanimous vote of the Council that the agenda be approved with the following additions: NEW BUSINESS #6: Cancel September 25th Council Meeting NEW BUSINESS #7: Enter into Executive Session/Collective Bargaining. SPECIAL AGENDA ITEMS: None. APPROVAL OF MINUTES: Motion by Erickson, seconded by Ross and carried by unanimous vote of the Council that the minutes of the September 5, 2006 Regular City Council Meeting be approved as presented. Let the record show that Councilman Hunsaker did not vote since he was not present at the September 5th Council Meeting. PUBLIC COMMENTS: Tim Hovey told the council that he was in attendance to answer any questions on the agenda items regarding the Water View Condo Project. Bob Showers (County Commissioner) reported that the County’s annual budget for 2007 is approximately $20,313,000, up about 3 percent over 2006. They are not proposing any cuts in staffing for this budget year. Bath Township, DeWitt Township and Watertown Township were the three largest contributors in tax revenue increases for the County. CITY ADMINISTRATOR’S REPORT: Brian Vick (City Administrator) reported on the following: - ZBA Handbook updated by MML was included in the Council packets - Ox Roast cost estimates have been completed. (Soft Dollars -$5,026 and Out of Pocket Dollars-$4,383.93) - Planning Commission will hold a work session on Saturday, September 23rd form 8:00 a.m. to 2:00 p.m.

CITY OF DEWITT Page 2 Regular City Council Meeting September 18, 2006 Council Chambers OLD BUSINESS: 1. Political Sign Committee: Dan Matson (City Attorney) provided the Council with a memo (dated September 18, 2006) updating the Council on the political sign issues. The Political Sign Committee proposed the City consider an amendment of the Zoning Ordinance for residential districts. Downtown district regulations for non-residential properties were previously addressed by the Planning Commission and the City Council (amendment to Section 78-867). 2. Zoning Ordinance Amendment – Senior Housing (First Reading): On August 24, 2006, the Planning Commission discussed the impact of the Attorney General Opinion relating to senior housing in the R-80 zoning district with a Special Land Use. Following discussion the Planning Commission voted to recommend to the City Council that they adopt an amendment to Section 78 (Zoning) of the City Code of Ordinances which permits senior housing in the R-80 zoning district with a special land use permit and that age 55 be the minimum age requirement which will allow the senior housing project to be MSHDA feasible and that the operator shall maintain on-going records, in the form of reliable surveys and affidavits, that demonstrate that its policies and procedures concerning the age of residents are being complied with. Motion by Ross, seconded by Erickson and failed by roll call vote to accept the recommendation of the Planning Commission that City Council adopt an amendment to Section 78 (Zoning) of the City Code of Ordinances which permits senior housing in the R-80 zoning district with a special land use permit and that age 55 be the minimum age requirement. Roll Call Vote: Erickson Yes Knick Excused Hunsaker No Ross Yes Kangas No Rundborg Yes NEW BUSINESS: 1. Water View Condominium – Storm Water Management Plan Approval: On August 24, 2006, the Planning Commission was presented with a revised storm water management plan for the proposed Water View Condominium project. The storm water management plan was prepared by Landmark Environmental and Engineering Solutions and submitted on behalf of the Hovey Companies for the Water View Condominium project. Since this project entails receiving a special land use permit, the City Council must approve the storm water management plan prior to site plan approval. Planning Commission has discussed the material submitted and taken into consideration the comments from the reviewing consultants. The Planning Commission recommended approval with nine conditions. Motion by Erickson, seconded by Rundborg and carried by unanimous vote of the council that BE IT RESOLVED to approve the Storm Water Management Plan for the Water View Condominium project as recommended by the Planning Commission contingent upon the conditions listed in the Planning Commission minutes of August 24, 2006.

CITY OF DEWITT Page 3 Regular City Council Meeting September 18, 2006 Council Chambers 2. Water View Condominium – Site Plan Approval: Per Section 78-132 of the City Ordinance, Site Plan approval is required for the Water View Condominium Project. A public hearing was held on July 27, 2006 as required under the special land use provision. The City Council is scheduled to approve the storm water management plan prior to site plan approval. On August 24, 2006, the Planning Commission was presented with a revised site plan for the proposed Water View Condominium project. Planning Commission has discussed the site plan as submitted and taken into consideration the comments from the reviewing consultants. The Planning Commission recommended approval with seven conditions. Motion by Rundborg, seconded by Erickson and carried by unanimous vote of the council that BE IT RESOLVED to approve the Site Plan for the Water View Condominium project as recommended by the Planning Commission contingent upon the seven (7) conditions listed in the Planning Commission minutes of August 24, 2006. 3. Water View Condominium - Municipal Improvement Agreement and Financial Guarantee: The developer has requested that the sewer main which will service the eight condominium units be a public sewer. As a result of this request for a public sewer, a Municipal Improvement Agreement is required. The Municipal Improvement Agreement addresses the construction of certain improvements within a reasonable time within the development site. The City Engineer has reviewed the cost estimate to build all public improvements as submitted by the applicant. The associated costs have been calculated at $111,500 to determine the financial guarantee. City Council is required to approve the estimated cost, the amount of the financial guarantee and nature of the financial guarantee. Motion by Ross, seconded by Kangas and carried by unanimous vote of the council that BE IT RESOLVED to approve the Municipal Improvement Agreement and the form and amount of the financial security for the Water View Condominium Project and authorize the Mayor and City Clerk to sign the agreement on behalf of the City upon receipt of the financial security. 4. Ordinance Amendment – Chapter 78 – Condominium Regulations: On June 22, 2006, the Planning Commission attended a training session regarding the similarities and differences between the approval procedures for Plats and Site Condominiums. Following the training session, it was suggested that the City consider updating the condominium application and approval requirements to ensure that the process was detailed, clearly stated and in keeping with similar requirements of the plat approval process. Subsequently, on July 24, 2006 the City Council adopted a moratorium on the acceptance of applications for residential subdivisions and condominium developments until October 23, 2006 while ordinance revisions were adopted. This moratorium also allowed the planning commission to consider changes to the public hearing requirements as required by the Michigan zoning enabling act.

CITY OF DEWITT Page 4 Regular City Council Meeting September 18, 2006 Council Chambers Following a Public Hearing held September 14, 2006 City Planning Commission discussed the proposed ordinance and recommended that the proposed amendment (Section 78-622) be forwarded to the City Council for adoption. Motion by Rundborg, seconded by Erickson and carried by unanimous vote of the council that BE IT RESOLVED to approve the following prepared Resolution allowing the record to reflect the introduction and first reading of an amendment to Chapter 78 (Zoning) of the City Code of Ordinances regarding Condominium Regulations (Section 78-622): WHEREAS, Councilmember Erickson, on behalf of the Planning Commission, has introduced an amendment to Chapter 78 of the City Code entitled Site Condominiums; and WHEREAS, the purpose of the amendment is to update the condominium application and approval requirements to ensure that the process is detailed, clearly stated and in keeping with similar requirements of the plat approval process. NOW, THEREFORE, BE IT RESOLVED that the record of the September 18, 2006 Council meeting minutes shall reflect the introduction and first reading of an amendment to Section 78 (Zoning) of the City Code of Ordinances regarding Condominium Regulations (Section 78-622). 5. Ordinance Amendment – Chapter 78 - Public Hearings: The Michigan Zoning Enabling Act codifies the laws regarding local units of government regulating: the development and use of land; the adoption of zoning ordinances; the establishment in cities of zoning districts; the powers and duties of certain officials; the assessment and collection of fees, the issuance of notes; penalties and remedy. This Act became effective on July 1, 2006. The City Planning Commission is currently conducting work sessions to update the zoning ordinance. Revisions to the zoning ordinance will take into consideration the updated requirements as listed in the Michigan zoning enabling act. However, it is proposed that the City update the public hearing portion of the City ordinance at this time instead of waiting for the entire zoning ordinance to be completed through the work session process. Following a Public Hearing held September 14, 2006 City Planning Commission discussed the proposed ordinance and recommended that the proposed amendment (Section 78-73) be forwarded to the City Council for adoption. Motion by Erickson, seconded by Ross and carried by unanimous vote of the council that BE IT RESOLVED to approve the following prepared Resolution allowing the record to reflect the introduction and first reading of an amendment to Chapter 78 (Zoning) of the City Code of Ordinances regarding Public Hearings (Section 78-73): WHEREAS, Councilmember Erickson, on behalf of the Planning Commission, has introduced an amendment to Chapter 78 of the City Code entitled Public Hearings; and WHEREAS, the purpose of the amendment is to update the public hearing portion of the City Zoning Ordinance and to ensure compliance with the Michigan Zoning Enabling Act. NOW, THEREFORE, BE IT RESOLVED that the record of the September 18, 2006 Council meeting minutes shall reflect the introduction and first reading of an amendment to Section 78 (Zoning) of the City Code of Ordinances regarding Public Hearings (Section 7873).

CITY OF DEWITT Page 5 Regular City Council Meeting September 18, 2006 Council Chambers 6. Cancellation of Regular scheduled September 25, 2006 Council Meeting: City Council is scheduled to meet for normal business on Monday, September 25, 2006. Currently, there are not any agenda items for that meeting. Motion by Rundborg, support by Hunsaker and carried by unanimous vote of the council that BE IT RESOLVED to cancel the regularly scheduled September 25, 2006 City Council Meeting due to a lack of agenda items. 7. Closed session for discussion on Police Negotiations: In accordance with Section 8(d) of the Open Meetings Act, the Council is allowed to enter into executive session for the purpose of discussing strategy associated with collective bargaining. Motion by Ross, support by Erickson and carried by unanimous vote of the council that BE IT RESOLVED that at 8:00 p.m. the Council entered into Executive Session for the purpose of discussing strategy associated with collective bargaining. ROLL CALL VOTE: Erickson Yes Knick Excused Hunsaker Yes Ross Yes Kangas Yes Rundborg Yes At 8:14 p.m., the Council resumed their regular session. Motion by Ross, support by Rundborg and carried by unanimous vote of the council that BE IT RESOLVED to authorize Brian Vick (City Administrator) to negotiate with the Fraternal Order of Police the terms provided in closed session. COUNCIL/STAFF REPORTS: The following items were discussed: - Planning Commission will hold a work session on September 23rd from 8:00 a.m. to 2:00 p.m. - Traffic Signal installation has been moved to the end of September. - New Speed Limit Signs have been installed on Herbison Road that has reduced the speed limit to 25 mph during specified school hours. ADJOURNMENT: Motion by Rundborg, seconded by Kangas and carried by unanimous vote of the Council that this meeting be adjourned at 8:29 p.m. Respectfully submitted,

Lisa Grysen Deputy City Clerk

Paul Opsommer Mayor


				
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