RESOLUTIONS
237. A resolution establishing Obsolete Property Rehabilitation District #3.
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Motion to approve
Moved By: John Godfrey City Commissioner
Supported By: Susan Baldwin City Commissioner
City Manager Tsuchiyama stated the newspaper mistakenly reported that the property would be removed from the tax rolls. The resolution will designate this property as an Obsolete Property Rehabilitation District (OPRA) under the Obsolete Rehabilitation Act of 2000 as property that is functionally obsolete. Taxes will be frozen at the current rate for the property for up to 12 years.
Comm. Hersha asked why the property is considered obsolete.
Mr. Tsuchiyama stated the building is considered functionally obsolete for Kellogg's proposed use as an office building.
Karl Dehn clarified that it would freeze the nonschool millage. The classification is based on the proposed use and the functionality of the building for that use. Possible improvements could include creating more open office space, updating technology, and updating other infrastructure.
Comm. Simmons asked what is the current occupancy rate of the building.
Karl Dehn stated the building is 82% occupied.
Comm. Simmons asked if the OPRA was similar to a Neighborhood Enterprise Zone certificate for residential rehabilitation.
Mr. Tsuchiyama responded that the concept is similar.
Karl Dehn noted that the value of the building may not necessarily increase as a result of the modifications of the building; however, by creating the district, it puts into place a measure that gives the owner assurances that the costs will be minimized.
Vice Mayor Walker asked if BC Equities owned other properties downtown and asked if they were current with their property taxes.
James Ritsema reported the taxes will be checked as part of the application process.
Vice Mayor Walker asked if there were claw back provisions in the agreement if the project fails.
Karl Dehn advised there are no claw back provisions; however, if the company fails to meet the terms, the abatement is terminated.
Comm. Yankama asked what is the purpose of the resolution.
Karl Dehn responded that this approval is the first step necessary to create the district as part of a statutory requirement, and a formal application will follow. The abatement would waive increased taxes even though there will be improvements to the building.
Vice Mayor Walker asked what has been the city's experience with the other two OPRA districts.
Karl Dehn stated both projects fall under 425 Agreements with the City of Springfield and are in the process of being completed.
Comm. Hersha congratulated the direction this project has taken, but felt it was a stretch for calling the property obsolete especially when much of the building is being leased. He added that so many homeowners are in the process of losing their homes and do not receive similar tax incentives.
Mr. Tsuchiyama stated the City has a tool available for tax incentives for businesses, but not for the homeowner. This effort will help the downtown transformation project and will spur changes downtown like increased jobs and place Battle Creek on the map as a food protection center.
Karl Dehn addressed that the building is a multi-tenant building and is 82%filled. Kellogg Company will plan to use the entire building. The freeze does not reduce city revenues or reduce city income tax in any way.
Comm. Simmons asked if the displacement of tenants creates a potential new tax base.
Karl Dehn stated BCU plans on assisting the displaced companies to other areas downtown.
Comm. Yankama felt the idea was good.
Votes For = 7
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner
Votes Against = 1
Ryan Hersha City Commissioner
MOTION APPROVED
238. A Resolution setting a Public Hearing for 7:00 PM, October 6, 2009, on behalf of BC Equities Limited Partnership, on the application for an Obsolete Property Rehabilitation Act Tax Exemption, in Obsolete Property Rehabilitation District No. 3.
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Motion to approve
Moved By: John Godfrey City Commissioner
Supported By: Susan Baldwin City Commissioner
Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner
MOTION APPROVED
239. A Resolution authorizing a renewal of excess liability insurance with Catlin Specialty Insurance Company and American Alternative Insurance Corp. for one year beginning 10-1-2009, at a cost of $245,844.
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Motion to approve
Moved By: John Godfrey City Commissioner
Supported By: Susan Baldwin City Commissioner
Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner
MOTION APPROVED
240. A Resolution granting Special Use Permit #S-04-09 to Maple United Methodist Church, 342 Capital Avenue NE, Battle Creek, MI, to allow the expansion of the church parking lot located at 328 Capital Avenue NE, Parcel # 1650-00-003-0.
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Motion to approve
Moved By: John Godfrey City Commissioner
Supported By: Susan Baldwin City Commissioner
Susan Bedsole recapped the Planning Commission's staff report and noted the four conditions and unanimous approval adopted by the Planning Commission. She read the following staff summary of the Planning Commission report: The application is for a Special Use Permit to allow Maple United Methodist Church to expand the existing church parking lot at 342 Capital Ave NE. The expansion is located at 328 Capital Ave. NE on the corner of Capital and Poplar Street. The Church is in the process of acquiring the subject property. Zoning of the property is O-1 “Office District”. Surrounding land uses consist of residential uses to the south, and a mix of residential, commercial, office, and church uses along the Capital Ave. Corridor. A six unit vacant apartment house currently sits on the subject property and records indicate that the city’s code compliance division has been recording code violations for the property since at least 2001 and the building is on the City’s vacant and abandoned building list and dangerous building list. In order to create the desired additional parking, the building will be demolished. Twenty-five additional parking spaces would be gained from this project. Staff has reviewed the application and is recommending approval for this application for a Special Use Permit for Maple United Methodist Church to expand their parking facilities based on the general standards outlined in Chapter 1290.04, and more specifically that;
(a) The use will be harmonious and consistent with the general objectives of the Master Plan in that this area is designated as Mixed Use Corridor and would be consistent with Goal #2 of the master plan that seeks to have Battle Creek’s existing commercial corridors such as Beckley Road, West Michigan and Capital Avenues continue to serve as viable business and office locations.
(b) The use will be harmonious with the existing character of the general vicinity in that the proposed church parking lot expansion will become part of the existing church property and parking lot.
(c) The use will not be hazardous or disturbing to existing or future neighboring uses in that the church is already an established fixture in the neighborhood. The additional parking spaces should allow the church to operate in a more harmonious way with the surrounding neighborhood by offering parishioners additional off street parking spaces.
(d) The use will be a substantial improvement to property in that the church will have control over the currently problem property.
(e) The use will be adequately served by essential public facilities and services in that public utilities already exist.
(f) The use will not be detrimental to the economic welfare of the community in that the proposed church currently is an established fixture in the neighborhood and the additional parking spaces will allow the church to function more efficiently.
(g) The use will not exhibit detrimental operational characteristics in that the proposed use is simply an expansion of an existing church use and will operate in the same manner as it currently does.
(h) The use will be consistent with the Zoning Code in that the church will continue to comply with all relevant sections of the zoning ordinance.
Staff also recommended the following conditions be part of the approval for this request, with those being
- that all the necessary approvals and required permits shall be obtained
- that no change in the use or occupancy shall be made until a certificate of occupancy has been issued by the zoning administrator
- and certificates of occupancy shall be valid for a period established by the City Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Occupancy permits shall expire after one year if the use is not under construction or maintained.
As noted in the attachment to the resolution, these recommendations were adopted by the Planning Commission.
Comm. Hersha asked if there was a need for an increased parking lot.
Susan Bedsole explained that the church needed the increased space and noted that the church also serves as a polling location during elections.
David Nielsen, Chair of Neighborhood Planning Council #4, supported the special use for the church as there is a growing membership and the extra parking spaces are needed.
Comm. Godfrey recalled the history of the neighborhood and noted a blighted property next door. Maple United Methodist Church is in need of extra parking spaces and felt it was a win/win situation for the neighborhood and community.
As long as all of the stipulations are abided by, Comm. Simmons was supportive of the special use.
Comm. Yankama was satisfied with the Planning Council's recommendation.
Vice Mayor Walker asked who owns the property.
Mayor Behnke stated Southern Michigan Bank & Trust currently owns the blighted property due to foreclosure.
Comm. Sofia appreciated the hospitality of Maple United Methodist Church as a former Chair of the Neighborhood Planning Council and looked forward to the growth of the church.
Mayor Behnke offered his support.
Votes For = 8
Susan Baldwin City Commissioner
John Godfrey City Commissioner
Ryan Hersha City Commissioner
Chris Simmons City Commissioner
Mark Behnke Mayor
Sherry Sofia City Commissioner
Tony Walker Vice Mayor
Andrew Yankama City Commissioner
MOTION APPROVED |