Regular Meeting
7/22/2014 Board of Trustees Meeting
CHARTER TOWNSHIP OF GARFIELD
Synopsis of Minutes of July 22, 2014
Township Board Meeting
A Township Board Meeting of the Charter Township of Garfield was held on Tuesday, July 22, 2014, beginning at 6:00 p.m., at the Garfield Township Hall, 3848 Veterans Drive, Traverse City, Michigan.
The meeting was called to order at 6:00 p.m. and the Board transacted the following business:
1. Public Comment – Attorney Pat Heintz made a correction to the date of the Planning Commission’s public hearing in his submittal.
2. Approved Minutes from July 8, 2014, Township Board meeting.
3. Approved the Agenda.
4. Approved the Consent Calendar.
5. Received the GT Metro Fire Department report.
6. Received the County Commissioner Chris Maxbauer’s report regarding the Committee on Aging’s recommendation to the full Board for a millage renewal request for the Senior Center.
7. Received Clerk’s report regarding absentee ballots for the August 5, 2014 election. Received consensus on the hiring of Baird, Cotter and Bishop, a CPA firm, with Township experience.
8. Received Supervisor’s report regarding water and sewer projects.
9. Held a public hearing on the Buffalo Ridge Center PUD. Approved the proposed Findings of Fact and authorized the Special Use Permit for Planned Unit Development Application # 2014-02, Buffalo Ridge Center, subject to 15 conditions. Authorized the Planning Director to prepare the Special Use Permit and called a Special Meeting for July 31, 2014 at 5:00 p.m. to review and approve the Special Use Permit.
10. Approved Resolution 2014-12-T, a resolution adopting the Hickory Hills Multi-Season Recreation Master Plan as a roadmap for the future growth of Hickory Hills.
11. Agreed to match funds up to 400,000 to complete the LaFranier Road Project. Approved putting the surplus funds from 2013, approximately $760,000, into the Road Fund.
12. Went into closed session for consideration of a purchase of real estate. When they returned to regular session, they voted to allow the Supervisor to enter into an agreement for land for a water tower.
13. Public Comment – Herb Lemcool suggested street lighting and snow plowing be considered for the LaFranier Road project.
The Meeting was adjourned at 8:02 p.m.
Kay Schumacher, Clerk
CHARTER TOWNSHIP OF GARFIELD
TOWN BOARD MEETING
Tuesday, July 22, 2014 at 6:00pm
Garfield Township Hall
Ph: (231) 941-1620
A G E N D A
ORDER OF BUSINESS
Call meeting to order
Pledge of Allegiance
Roll call of
1. Public Comment
Public Comment Guidelines:
Any person shall be permitted to address a meeting of The Township
2. Review and approval of the Agenda - Conflict of Interest
3. Consent Calendar
The purpose of the Consent calendar is to expedite business by grouping non-controversial items together to be dealt with in one
a. Minutes – July 8, 2014 Regular Meeting
(Recommend Approval)
b. Bills -
General Fund $ 335,907.93
(Recommend Approval)
c. MTT Update (Receive and File)
4. Correspondence
5. Reports
a. GT Metro Fire Department Report
b. County Commissioner’s Report
c. Personnel Committee Report
d. Clerk’s Report
e. Supervisor’s Report
6. Unfinished Business
a. Public Hearing – PD 2014-46 – Buffalo Ridge Center PUD – 3639 Marketplace Circle
7. New Business
a. Consideration of Resolution 2014-12-T, a resolution adopting the Hickory Hills Multi-Season Recreation Master Plan as a roadmap for the future growth of Hickory Hills
b. Jim Johnson – County Road Commission – LaFranier Road Project
c. Consideration of purchase of real estate
(Recommend going into closed session)
8. Public Comment
9. Other Business
10. Adjournment
_____________________
The Garfield Township
CHARTER
TOWN BOARD MEETING
July 22, 2014
Chuck Korn, Township Supervisor, called the Town
Pledge of Allegiance
Roll call of
Present: Bob Featherstone, Kit Wilson, Molly Agostinelli, Jeane Blood Law, Denise Schmuckal, Kay Schumacher and Chuck Korn
Also Present: Rob Larrea, Planning Director; Peter Doren, Township Attorney
1. Public Comment (6:01)
Pat Heintz with Bishop & Heintz spoke on behalf of the Grand Traverse Mall and stated that there was an error on page ten of his documents and that a reference to April 1st should be a reference to April 9th.
2. Review and Approval of the Agenda - Conflict of Interest (6:01)
Agostinelli moved and Schmuckal seconded to approve the agenda as presented.
Yeas: Agostinelli, Schmuckal, Featherstone, Blood Law, Wilson, Schumacher, Korn
Nays: None
3. Consent Calendar (6:02)
a. Minutes
July 8, 2014
(Recommend Approval)
b. Bills
General Fund $335,907.93
(Recommend Approval)
c. MTT Update (Receive and File)
Featherstone moved and Agostinelli seconded to adopt the consent calendar as presented
Yeas: Featherstone, Agostinelli, Wilson, Blood Law, Schmuckal, Schumacher, Korn
Nays: None
4. Correspondence (6:03)
Korn acknowledged that a packet of materials had been received from Attorney Pat Heintz.
5. Reports
a. Grand Traverse Metro Fire Department Report (6:04)
Terry Flynn reported that there were a couple fires in the township over the past few weeks and that it had been a busy month. Calls in the region were up by 10% over last year and figures for mutual aid will be addressed.
b. County Commissioner’s Report (6:06)
Christine Maxbauer reported that Committee on Aging ballot request for a millage renewal would be discussed by the full board next week.
c. Personnel Committee Report (6:07)
No report
d. Clerk’s Report (6:07)
Schumacher said that 790 absentee ballots have been received and that she would like to sign an agreement for a CPA accounting firm to come from Wexford County one day a month at a cost of $75 per hour and $35 per hour travel time. The board reached a consensus and agreed to the request.
e. Supervisor’s Report (6:10)
Korn reported that he is keeping busy with the County’s water and sewer projects.
6. Unfinished Business (6:10)
a. Public Hearing – PD 2014-46 – Buffalo Ridge Center PUD – 3639 Marketplace Circle
The proposed Buffalo Ridge PUD is located on 34.41 acres and is zoned C-2 General Business District. The application proposes a commercial redevelopment Planned Unit Development project that will preserve several acres of sensitive wetlands. The redevelopment of the northern half of the existing outlet mall will include a 14 screen movie theater, an additional commercial building, and parking areas. The south half of the development will remain in its present state until future redevelopment opportunities are explored and proper applications made. The Planning Commission recommended approval to the Board on June 11, 2014. Doug Mansfield is representing the owners of the Carmike Theater project and introduced several key people working on the project. Mansfield said that all existing connecting drives will remain and the project also includes a trail extension along US 31. All municipal entities have approved the plans and they have met all expectations of governing agencies and their goals and objectives. Jim Scales, attorney for Buffalo Ridge, said that every issue raised by the Grand Traverse Mall had been dealt with by Township officials. The Findings of Fact show that the PUD meets all standards. He added that the proposed PUD is a good use of the property and meets all intents and purposes of a PUD.
Korn opened the Public Hearing at 6:22pm.
Pat Heintz of Bishop and Heintz, spoke on behalf of the Grand Traverse Mall. He stated that he was concerned that there was no traffic study required by the Planning Commission for the proposed Buffalo Ridge PUD, yet the Grand Traverse Mall had to complete an extensive traffic study for approval. Mr. Heintz stated that they commissioned a limited traffic analysis on the proposed PUD and stated that the Findings of Fact could not be adopted based on the traffic studies results. Heintz also disapproved of the proposed project’s stormwater plan being deferred to the township engineer for review, and that no bond was required for the proposed PUD. Heintz further stated that this PUD should be subject to the same standards that the Grand Traverse Mall was held to when it was built.
Clive Johnson from Gosling Czubak, stated that he was contracted by the Grand Traverse Mall to look into the stormwater system for Buffalo Ridge and had concerns with the current system.
Dick Bon Sallette, a resident of Creekside Condominiums said that there is no catch basin that overflows and sees no issues with the stormwater sstem as stated by Mr. Johnson. He added that the easement between Creekside and the Mall needs to remain open.
Attorney Jim Scales said that comparisons to the Grand Traverse Mall are not accurate. Buffalo Ridge is only a proposed redevelopment of a piece of property. Grand Traverse Mall was built from the ground up, thus there were many more requirements for approval. There is no need for a traffic study in this proposed redevelopment and the Grand Traverse Mall is simply trying to delay the project because of movie theater competition. He said that the trail is being provided as part of the conditions and that stormwater can be dealt with after approval in the permit process. There is no need for a market study since the project is located in a large scale commercial area and is already an existing shopping area. Preserving the access to Kohl’s is a condition of approval.
Korn closed the Public Hearing at 6:54pm.
Board members discussed the issue. Some Board members spoke to residents and many said that there was no problem with the project since it was only upgrading what was already in place. Wilson said that the Planning Commission worked hard, did their homework and followed the law in every aspect of this project. There is a letter from MDOT stating that a traffic study was not required to access US 31 and the township engineer is working with the applicant on the storm water review, which is common. Township Attorney Peter Doren told the board that if there was sufficient information and evidence presented by the applicant and the staff, they could make a decision and adopt the Findings of Fact. He does not believe that an amendment made during the process requires the applicant to reapply. He read the letter from MDOT dated July 22, 2014 into the record and it is attached. Doren said that the Board could ask for further traffic studies but found no defects in the process. The board agreed that they were reluctant to see concerns with traffic since it is a redevelopment of an existing shopping area. The township engineer continues to work with the applicant’s engineer to review and upgrade the stormwater system and final approval is required as part of the permitting phase.
Wilson moved and Schmuckal seconded THAT the Proposed Findings of Fact for Planned Unit Development Application #2014-02, Buffalo Ridge Center dated July 22, 2014 BE APPROVED.
Yeas: Wilson, Schmuckal, Featherstone, Agostinelli, Schmumacher, Blood Law, Korn
Nays: None
Wilson moved and Schmuckal seconded THAT the Township Board authorize a Special Use Permit for Planned Unit Development Application #2014-02, Buffalo Ridge Center, for the reasons set forth in the adopted Findings of Fact, subject to the following conditions:
1. Prior to the issuance of building or land use permits, all necessary reviews and permits shall be obtained from agencies with jurisdiction, and all conditions of approval shall be met.
2. Approval is subject to Planning Department review and approval of final site plans indicating compliance with all provisions of the zoning ordinance, with all conditions of approval, with the representations made in the application materials, and with the adopted Findings of Fact.
3. The asphalt bike path along US-31 shall be constructed to a width of 10 feet and shall be constructed within one (1) year of the date of project approval. Any stream crossing shall be constructed by way of a bridge or bottomless span. Construction of the pathway and all wetland and stream crossings is subject to DEQ approval. A performance bond or letter of credit in an amount 10% over the estimated pathway construction cost shall be provided to the Township prior to the issuance of a Certificate of Occupancy for the theater.
4. The pervious path to connect to the Creekside subdivision shall be connected of crushed limestone and shall be regularly maintained by Buffalo Ridge Center.
5. Internal sidewalks shall be constructed of raised, curbed concrete so as to limit vehicle intrusion with the walkway. Site plans shall be updated accordingly.
6. Buffalo Ridge Center shall regularly maintain (stripe/paint) the bike lanes and crosswalks so that such are clearly visible and understood to function for that purpose.
7. Prior to the issuance of any land use or building permits the Applicant shall have protected the sensitive wetland areas with a conservation easement acceptable to the township.
8. Trees that are to be retained shall be appropriately marked and protected prior to and throughout site construction.
9. All signs shall require Planning Commission approval. Approval of the present application does not include any sort of sign approval regardless of signs being shown on structure elevations or site plans.
10. All existing connections to adjacent properties shall remain open.
11. The hours of operation for snow removal, other parking lot maintenance, trash removal, and truck deliveries including the parking of idling trucks on the West and South sides of boundaries of the PUD shall be limited to the hours of 6:00am to 11:00 pm except in emergency situations. Equipment operation shall be in such a manner as to minimize back-up beepers, the operation of large engines and heavy equipment which will disrupt the night time peace and serenity of adjoining neighbors.
12. Buffalo Ridge Center will prepare and file a “best management practices program” for maintaining parking lots and storm drainage systems associated with the project so as to minimize the potential for contamination of stormwater and shall implement such program on a regular and continuing basis. Such plan and compliance with it shall be subject to review and approval by the Township Engineer.
13. The applicant shall record promptly the Report and Decision Order (RDO) and any amendment to such order with the Grand Traverse County Register of Deeds in the chain of title for each parcel or portion thereof to which the RDO pertains. Alternatively, a Memorandum of RDO may be prepared by the Township in such recordable form as deemed appropriate and shall then be recorded promptly by the applicant with the Grand Traverse County Register of Deeds. A copy of each recorded document shall be filed with the Township within ninety (90) days of final approval by the Township or approval shall be considered to have expired. No land use permits shall be issued until all recorded documents have been provided to the Township.
14. The PUD is subject to representations and other matters consistent with the application, as amended and clarified, and supporting materials.
15. That the Township Board authorizes the Planning Director to prepare the Report and Decision Order consistent with the motion and to be brought back to the Township Board for approval.
Yeas: Wilson, Schmuckal, Agostinelli, Blood Law, Featherstone, Schumacher, Korn
Nays: None
Township Attorney Doren said that a Special Board meeting should be held to adopt the Report and Decision Order on this matter and that any appeal period would be thirty (30) days from the date of the adopted Report and Decision Order.
Schmuckal moved and Featherstone seconded to hold a Special Township Board meeting on Thursday, July 31, 2014 at 5:00pm for the purpose of adopting the Report and Decision Order in the Buffalo Ridge matter.
Yeas: Schmuckal, Featherstone, Agostinelli, Schumacher, Blood Law, Wilson, Korn
Nays: None
7. New Business
a. Consideration of Resolution 2014-12-T, a Resolution adopting the Hickory Hills Multi-Season Recreation Master Plan as a roadmap for the future growth of Hickory Hills (7:19)
This resolution indicated township support of the Plan.
Schmuckal moved and Wilson seconded to adopt Resolution 2014-12-T, a Resolution adopting the Hickory Hills Multi-Season Recreation Master Plan as a roadmap for the future growth of Hickory Hills.
Yeas: Schmuckal, Wilson, Featherstone, Agostinelli, Schumacher, Blood Law, Korn
Nays: None
b. Jim Johnson – County Road Commission – LaFranier Road Project (7:20)
Jim Johnson, from the Grand Traverse County Road Commission, was present to answer any questions that the board may have regarding the LaFranier Road project. The hill, which is currently a 12% grade, is proposed to be rebuilt to an 8% grade. Accesses to neighborhoods will be affected in that area due to the grade change. Contingencies are built into the costs and according to state funding guidelines, the project needs to be completed by end of next year. The funding timeline was discussed as well as turn lanes and a pedestrian pathway. The Road Commission is proposing a three way split for the monetary portion not funded by the state which would be approximately $370,000 each for the township, the county and the road commission.
Wilson moved and Schmuckal seconded to fund an equal monetary match with Grand Traverse County and the Grand Traverse County Road Commission.
Yeas: Wilson, Schmuckal, Agostinelli, Featherstone, Schumacher, Blood Law, Korn
Nays: None
Agostinelli made a motion to move the 2013 surplus and put it into the road fund for the township’s share. Featherstone supported the motion.
Yeas: Agostinelli, Featherstone, Wilson, Blood Law, Schumacher, Schmuckal, Korn
Nays: None
c. Consideration of purchase of real estate (Recommend going into closed session) (7:41)
Schmuckal moved and Wilson seconded to go into closed session for the purpose of discussing a real estate purchase.
Korn called the meeting back to order at 8:00pm.
Agostinelli moved and Schmuckal seconded to allow the Supervisor to enter into an agreement to purchase property for a water tower.
Yeas: Agostinelli, Schmuckal, Schumacher, Wilson, Blood Law, Featherstone, Korn
Nays: None
8. Public Comment: (8:02)
Herb Lemcool asked the Board to consider street lighting on the new LaFranier Road. He is also concerned about putting a pathway along LaFranier if it does not get plowed.
9. Other Business (8:02)
None
10. Adjournment
Schmuckal moved and Wilson seconded to adjourn the meeting at 8:02pm.