City
of South Lyon
Chairman
Weipert called the meeting to
order at 7:03 p.m.
All
present recited the Pledge of Allegiance to the Flag
Present:
Commissioners Lewandowski, Mosier, Culbertson,
Weipert, Tartaglia, Kurtzweil
and Lanam. Commissioners Bradley and Subotich were excused.
Also
present were Ben Tallerico (Planning
Consultant), Kristen Cunningham, Director of Community and Economic Development.
Approval
of Agenda:
Motion by Mosier, supported by Culbertson
Vote
Motion Carried Unanimously
Approval
of Minutes:
Motion
by Lewandowski, supported by Lanam
To
approve of the Minutes for May 11, 2006 as amended.
No
public comment.
Request for Extension of Cottage Pointe Preliminary Site Plan PC 06-03
Cunningham
provided the Commissioners with a letter from the applicant requesting an
extension for one additional year. Weipert asked if there were other
considerations the Commission should be aware of before approving an extension.
Cunningham replied no; because it is a preliminary site plan any changes to the
city code would be caught at final approval.
Motion
by Mosier to approve the extension of Cottage Pointe Preliminary Site Plan PC
06-03 until August 2007.
Discussion of the Property Maintenance Code
Cunningham
discussed the issue with the City Manager for his feeling on what he would like
to see happen. Mr. Cook’s feeling was there is not a significant enough
problem because there are only two or three homes that are cause for concern.
She asked his thoughts on making the violation a misdemeanor and regarding
vacant homes however he was uncertain it was a big enough problem. Kurtzweil
stated there should be concern for the problem getting bigger because home
foreclosures are on the rise and those homes are not being properly maintained
while other homeowners are trying to sell. It is a problem in her subdivision.
Cunningham noted the decision is up to the Commissioners whether or not they
would like to move forward.
Tallerico
asked if the city has a code for cutting the lawns and then billing the
homeowner. Cunningham replied yes. Kurtzweil stated homeowners feel the have
little to no options for other violations. Lewandowski noted most of the
problems are already addressed by the current code, perhaps the misdemeanor
would allow for better enforcement. His concern is that the enforcement of
violations is the problem. Weipert stated misdemeanor enforcement could still be
a problem and asked if the police and fire departments assist with enforcement
if violations become a misdemeanor. Cunningham stated the police department is
not properly trained for code enforcement nor do they have the time. The fire
department does handle some enforcement as part of their standard procedures.
Lanam
asked if the building department writes tickets for complaints they receive or
if some of them are not followed up on. Cunningham stated Mr. Veltri’s biggest
problems are parking and snow removal however the building department is dealing
with a problem regarding a lawn not being mowed. As far as she is aware, and she
does see the process happen, when there is a problem the building department
addresses it. It is not a perfect system and enforcement is very difficult at
times. Weipert stated once the commercial building slows down the building
department would be able to focus more on enforcement. Cunningham stated it is
important to note that everyone has a different level of tolerance; what may
acceptable to one person may not be to another. Again, the decision is up the
Commission on whether or not to move forward.
Weipert
stated she would like to see it changed to a misdemeanor. Cunningham reminded
her that it would only be a recommendation to City Council. Weipert stated she
thinks it would be a good message to get out there. Lanam asked if there would
be a warning system. Tartaglia stated he thinks there should have to be an
opportunity for residents to correct the problem or else neighbors would call
and paper someone else with misdemeanors. Culbertson asked if the misdemeanor
would apply to long grass. Lewandowski replied that would continue to be covered
under a different ordinance.
Cunningham
asked if she understood them to say they would like to move forward with
violations becoming misdemeanors but with a warning system.
Tallerico
stated code enforcement is time and labor intensive this is a good and creative
solution but wanted to make sure everyone knew that might increase. Kurtzweil
stated that is why she believes it would be good to have a warning system and
something regarding making baseless claims should also be included.
Lanam
asked what happens if the home is in foreclosure. Kurtzweil noted it would be a
claim against the bank. Tallerico noted some communities would fix the problem
and bill the owner if it involves safety issues. Cunningham stated in those
cases the city hopes to recoup the cost later and it could be a large expense
and a big risk but the city has done it. Kurtzweil asked if there would be a way
to ask for personal liability in case of city attorney fees or to cover the
expense if the city fixed the problem. Cunningham stated she would check with
the city attorney.
Weipert
asked if the Commissioners would like to investigate the vacant building
inspections. Lanam asked if that problem would be a resource issue. Cunningham
replied yes. Lanam asked what if the building department inspected one every six
months. Tartaglia noted then residential and commercial properties would have to
be separated. Cunningham stated she would first find out how many vacant homes
the city has currently. Tallerico noted if there is a safety issue on a vacant
building, the building department would have the authority to enter. Tartaglia
asked Cunningham if she would also find out the number of multi-family units.
Cunningham replied she would try but it could be a difficult number to
determine.
Kurtzweil
asked if some of the inspections could be sub-contracted out to other sources.
Cunningham stated she did not know if that would be viable solution because of
the cost and the sub-contractors would not be trained on the city code. Mosier
asked there were other city employees that could be asked for help. Tartaglia
asked if the concerned citizens should be contacted. Cunningham replied city
employees do call in violations that they see around the city and there would be
need to be public hearing for any change to the code so any concerned citizen
would have the opportunity to speak.
Staff
Reports
Cunningham
stated that Glenwood Plaza would be back, they would like to put a drive-thru
credit union on the property. Also, West End Industrial would be submitting
plans. The next meeting is the first meeting in July.
Kurtzweil
brought in copies of the act that addresses the changes in the state law of the
organization between Planning Commissions and Zoning Boards if anyone would like
to see it.
Motion
by Culbertson supported by Lewandowski
To
adjourn the meeting at 7:39 p.m.
Vote
MOTION CARRIED UNANIMOUSLY
_____________________
_ ____________________
_______
Pam
Weipert, Chairperson
Jennifer Knapp, Recording Secretary
________________________
Keith
Bradley, Secretary