CHARTER TOWNSHIP OF YPSILANTI MINUTES OF THE SEPTEMBER 21, 2004 REGULAR MEETING PROPOSED The meeting was called to order by Supervisor Karen Lovejoy Roe at approximately 7:08 p.m. in the Ypsilanti Township Civic Center Board Room, 7200 S. Huron River Drive, Ypsilanti Township. The Pledge of Allegiance was recited and a moment of silent prayer was observed. Members Present: Supervisor Karen Lovejoy Roe, Clerk Brenda Stumbo, Treasurer Larry Doe, Trustees Jean Hall Currie and Stan Eldridge Trustees George Beaudette and Dee Sizemore Wm. Douglas Winters and Dennis McLain
Members Absent: Legal Counsel:
MINUTES OF AUGUST 17, 2004 WORK SESSION AND REGULAR MEETING AND AUGUST 31, 2004 SPECIAL MEETING A motion was made by Trustee Eldridge, supported by Trustee Currie to approve the minutes. The motion carried unanimously.
SUPERVISOR REPORT A. CIVIC CENTER PARKING LOT IMPROVEMENTS
A motion was made by Treasurer Doe, supported by Trustee Eldridge to approve the Civic Center Parking Lot improvements, not to exceed $121,000.00, to authorize the budget amendments and sign the agreement. The motion carried unanimously. B. PUBLIC NUISANCE ABATEMENT – 1056 JANET
A motion was made by Trustee Currie, supported by Treasurer Doe to authorize proceeding with Circuit Court action to abate the public nuisance and health hazard at 1056 Janet Street. Clerk Stumbo stated that she would like the report to be included as part of the record (see attached). The motion carried unanimously.
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TREASURER REPORT Treasurer Doe gave the report for August 2004. The beginning balance was $30,134,444.68 and the ending balance was $24,489,828.61. A motion was made by Trustee Eldridge, supported by Trustee Currie to receive and file the Treasurer’s Report (see attached). The motion carried unanimously.
ATTORNEY REPORT Attorney Winters stated that later in the meeting, the Township Board was being asked to set a public hearing to consider Visteon’s request for an Industrial Facilities Tax Exemption. He explained that Visteon had filed very extensive personal property appeals with the State Tax Commission. The appeals in question would put the Township at risk for approximately $200,000.00, not to mention the dollars at risk for the school districts, the County, etc. Attorney Winters reported that Visteon had agreed to withdraw all pending tax appeals with the State Tax Commission. Sharon Frischman, Assessor for the Township sent a memorandum to give the Board an idea of the amount of tax dollars at risk.
PUBLIC COMMENTS Jim Northrup, 569 Brookside explained that he was the third generation to own the property. He asked if Bill Elling or Mark Giffin were present at the meeting. Supervisor Roe responded that they were not, but their supervisor, Michael Radzik was present. Mr. Northrup voiced his concerns regarding ordinance violations he had received. He gave pictures of his yard to the Board. Supervisor Roe suggested that Mr. Northrup meet with Mr. Radzik regarding his concerns. Linda Northrup, 569 Brookside also voiced concerns regarding the ordinance violations.
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UNFINISHED BUSINESS 2ND READING RESOLUTION NO. 2004-30, ORDINANCE NO. 2004-343, AMENDING ORDINANCE NO. 74 OF THE YPSILANTI TOWNSHIP ZONING ORDINANCE, ARTICLE XXI, GENERAL PROVISIONS, SECTION 2104, “PARKING REQUIREMENTS” (1st reading held at the August 17, 2004 Regular Meeting) 1. A motion was made by Trustee Eldridge, supported by Treasurer Doe to approve the 2nd reading of Resolution No. 2004-30, Ordinance No. 2004-343 (see attached). The motion carried as follows: Currie: Stumbo: Yes Yes Eldridge: Roe: Yes Yes Doe: Yes
The motion carried unanimously. 2ND READING RESOLUTION NO. 2004-31, ORDINANCE NO. 2004-344, AMENDING THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF YPSILANTI, CHAPTER 48, PROPERTY MAINTENANCE (1st reading held at the August 17, 2004 Regular Meeting) 2. A motion was made by Trustee Currie, supported by Trustee Eldridge to approve the 2nd reading of Resolution No. 2004-31, Ordinance No. 2004-344 (see attached). The motion carried as follows: Currie: Stumbo: Yes Yes Eldridge: Roe: Yes Yes Doe: Yes
The motion carried unanimously.
CHARTER TOWNSHIP OF YPSILANTI SEPTEMBER 21, 2004 REGULAR MEETING MINUTES PAGE FOUR 2ND READING RESOLUTION NO. 2004-32, ORDINANCE NO. 2004-345, AMENDING THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF YPSILANTI, CHAPTER 30, ARTICLE II, ENTITLED FIRE PREVENTION CODE BY ADOPTION OF THE 2003 EDITION OF THE INTERNATIONAL FIRE PREVENTION CODE (1st reading held at the August 17, 2004 Regular Meeting) 3. A motion was made by Trustee Eldridge, supported by Treasurer Doe to approve the 2nd reading of Resolution No. 2004-32, Ordinance No. 2004-345 (see attached). The motion carried as follows: Currie: Stumbo: Yes Yes Eldridge: Roe: Yes Yes Doe: Yes
The motion carried unanimously.
NEW BUSINESS 1. REQUEST FOR TOWNSHIP TO CONTRIBUTE $100,000.00 TOWARD STREETLIGHTING IN THE WASHTENAW CLUBVIEW SUBDIVISION, APPROVE BUDGET AMENDMENT
AND
Clerk Stumbo read her letter, dated September 15, 2004 into the record (see attached). She stated that approval of this request would preserve the dollars for the project. A motion was made by Clerk Stumbo, supported by Treasurer Doe to approve the request. Supervisor Roe stated that as a point of verification, it would take a Fund Balance appropriation to do this. Clerk Stumbo responded that for discussion purposes, this was budgeted in the 2004 budget, $100,000.00 for election equipment. If approved, it would transfer the dollars from Elections to Capital Outlay Streetlights.
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Supervisor Roe explained that she was probably more in tune with what was going on with the budget and because of the Township’s need to do operations using Fund Balance, she would not support the request. She knew the Board had said before that they would contribute the money, but she didn’t know at that time the Township would be hit with $180,000.00 in State Revenue Sharing cuts. The motion carried. Supervisor Roe voted no. 2. RESOLUTION NO. 2004-37, AUTHORIZING STREETLIGHTING FOR ASPEN RIDGE SUBDIVISION, CONSISTING OF 163 PARCELS AND FOR CREATION OF A SPECIAL ASSESSMENT DISTRICT (Public Hearing held at the August 17, 2004 Regular Meeting) A motion was made by Trustee Eldridge, supported by Trustee Currie to approve Resolution No. 2004-37 (see attached). The motion carried unanimously. 3. CREEKSIDE VILLAGE SOUTH, WEST SIDE OF TUTTLE HILL ROAD, NORTH OF MERRITT ROAD (Recommended for approval by the Planning Commission at the August 24, 2004 Meeting): REVISED PRELIMINARY (RESIDENTIAL) PD I SITE PLAN
A.
Supervisor Roe stated that a motion would be in order, as discussed in the Work Session, to approve the PD I Site Plan, subject to the developer meeting all arborist recommendations in the August 10, 2004 letter, the recommendations of LSL dated August 2004 including the higher architectural standards, the recommendation of the Planning Commission and the Staff Review letter dated September 2, 2004 and September 17, 2004, and that the recreation amenities be reviewed by Art Serafinski. Clerk Stumbo stated that it was approved by the Planning Commission with conditions (see letters and reports attached). Supervisor Roe stated that in the motion she put forth, she tried to address everything, because there seemed to be some unanswered questions concerning the review letters.
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Paula Hepp, Atwell Hicks explained that they met with David Nicholson, Planning Director after the August 10 review from LSL and made adjustments to the plan, per his recommendations. Supervisor Roe apologized and stated that Mr. Nicholson’s letter said all conditions had been met, but she wanted to be sure. In the arborist letter, they said they wanted the developer to move the lots a bit, change the stormwater management and protect the trees. She had been told the developer had done that, but she hadn’t seen it. She added that they also mentioned the trees around the detention pond. Supervisor Roe asked about the issue of upgrading the architectural standards, as recommended by LSL. Clerk Stumbo asked if Ms. Hepp had any pictures of the models. Ms. Hepp displayed the pictures. Discussion followed regarding the design of the houses and the architectural standards. John Schandevel, Pulte Homes responded that their plans had been updated to meet specific concerns. Supervisor Roe replied that she felt Mr. Nicholson’s letter was vague. Clerk Stumbo asked if the six choices shown would be in this development. Mr. Schandevel responded that they were still looking at narrowing down the houses they would be offering. Clerk Stumbo stated that they were concerned that all the houses would look the same. The issue was raised that there be a variation of the houses. Mr. Schandevel responded that there would be multiple floor plans, as well as multiple elevations. Clerk Stumbo added that the architectural standards could possibly be part of the development agreement. Supervisor Roe asked if there was a development agreement for Creekside Village South. Attorney Winters responded that there wasn’t an agreement yet. Clerk Stumbo explained that the first motion would be for the Revised Preliminary Residential PD Stage I, there would be a need for two motions. On the Final Residential PD Stage II Site Plan, specific concerns of the development agreement, architectural standards, and the arborist’s comments could be addressed.
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A motion was made by Clerk Stumbo, supported by Trustee Currie to approve the Revised Preliminary (Residential) PD I Site Plan for Creekside Village South, as approved by the Planning Commission. The motion carried unanimously. B. FINAL (RESIDENTIAL) PD II SITE PLAN
Clerk Stumbo read a letter dated September 2, 2004 from David Nicholson, a letter from Sally Richie to Mr. Newcomb, and the staff report from David Nicholson into the record (see attached). Supervisor Roe explained that a question had been raised at the Work Session in reference to the Merritt Road design plans. One of the issues raised was the engineering of the bike path on both the north and south sides of Merritt Road. She asked if the developer would be willing to add those bike paths in the engineering design. Ms. Hepp responded, but her comments could not be heard on the tape. Supervisor Roe asked if they would be willing to change the engineering plans. Discussion followed regarding the Merritt Road bike path. Clerk Stumbo stated that they were asking if the developer would consider amending the plans on the road improvement to only show the bike path. The Township understood that Pulte did not own the easements and would not have to get the easements. If there were a plan in place, it would help the Township in the future. Ms. Hepp and Mr. Schandevel responded that they would be willing to look into it, but did not want it tied to the Creekside South development. Supervisor Roe asked if they would be willing to make it a condition of approval for Creekside Farms or East. Ms. Hepp responded that she could not say yes to anything at that point because they hadn’t looked at the cost involved. Pulte representatives again stated that they would be willing to look into it. A motion was made by Clerk Stumbo, supported by Treasurer Doe to approve the Final (Residential) PD II Site Plan with the conditions as outlined in the Planning Commission letters from David Nicholson and Sally Richie, that architectural issues and arborist’s recommendations be addressed in the development agreement and that Pulte agree to investigate and consider adding only the design of the bike path for Merritt Road in the Merritt Road Improvement Plan with the Washtenaw County Road Commission.
CHARTER TOWNSHIP OF YPSILANTI SEPTEMBER 21, 2004 REGULAR MEETING MINUTES PAGE EIGHT Brian Newcomb, Pulte Homes explained that in the arborist’s letter, there were many references to plantings. As far as saving trees, they were meeting those requirements. They would be completely removing the dead ash trees, not leaving any stumps. Discussion followed. Clerk Stumbo stated that Mr. Nicholson’s letter dated September 17, 2004 said that the plan before the Commission incorporated the arborist’s recommendations. Ms. Hepp responded that those were the on-site recommendations, walking the site and discussing it. Supervisor Roe stated that when they worked on the Derbyshire Drain for Road Commission approval, one side of the trees was ripped out. She asked if they would be putting trees back on that side. Ms. Hepp responded that the disturbance to the drain was on the north side and there would not be any extensive plantings on that side. Clerk Stumbo asked if Pulte had spoken with the neighbors adjacent to the property to address their concerns. Ms. Hepp responded that they had spoken specifically with the four residents on Merritt Road. Supervisor Roe asked Pulte Homes if they agreed with the motion. They responded that they did. The motion carried unanimously. 4. PD STAGE II FINAL SITE PLAN, ROLLING HILLS MEADOW, EAST SIDE OF MUNGER ROAD, BETWEEN MERRITT AND BEMIS ROADS (Recommended for approval by the Planning Commission at the December 9, 2003 Meeting) Clerk Stumbo read a letter dated March 10, 2004 from James Gartin, Economic Development Director, a letter dated December 10, 2003 from Stephen Kunselman, Planning Director, and a letter dated December 10, 2003 from Sally Richie, Planning Commission Secretary into the record (see attached). Supervisor Roe explained that there were a couple of issues that had come up. One issue was regarding the outlot or easement that would be going to Wiard’s Orchard. She stated that there would be an issue with the private road, it probably wouldn’t be possible for it to be connected to public roads. She asked
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why the outlot was added. Dan Bongiovanni, Midwestern Consulting replied that it was his recollection that the Fire Department requested the outlot. Philip Stachlewitz, Fire Marshal responded that the Fire Department did not request the outlot. Supervisor Roe explained that if the outlot would not be useful, they could move something over to get another lot and possibly exchange that easement for the one the Wiedmanns were asking for. Ellis Freatman, 125 N. Huron Street, attorney for Rolling Hills Meadow stated that he attended the Work Session and heard Ms. Wiedmann’s concerns. He explained that Mr. Bongiovanni brought a revised plan that showed the detail of improvements they proposed to install along the Wiedmann’s property line, including a longer berm, 290’. It was a fairly significant accommodation for them. His clients spent a significant amount of time to make accommodations for the Wiedmanns and felt they had done everything they could. They had been very conscious of Ms. Wiedmann’s concerns whenever they felt they were reasonable. Discussion followed regarding an outlot for the Wiedmanns. Clerk Stumbo asked about the 12’ wide easement for public utilities. Mr. Bongiovanni responded that it was in addition to the road. Supervisor Roe stated that the outlot was not on the original plan. Mr. Bongiovanni responded that he didn’t recall when it was added. He stated that he delivered a full size set of revised plans to Ms. Wiedmann. Supervisor Roe asked if these were the plans approved by the Planning Commission. Mr. Bongiovanni responded that they were not, this happened after the Planning Commission approval. He explained that the Planning Commission asked them to try to work with the Wiedmanns. There was now a longer fence, but they didn’t do everything the Wiedmanns asked. Janice Wiedmann, 7311 Munger Road stated that Mr. Bongiovanni had been very pleasant to work with on the berm, but this was a separate issue. She explained that they had asked for a berm going all the way around where the properties adjoin, but they were now asking for a fence to go along the property, separating their property from the Rolling Hills Meadow development. They were
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also requesting the outlot to be added, to give them a chance to let their children build on the property. She added that they would like the berm to be constructed first. Discussion followed. Clerk Stumbo asked Mr. Bongiovanni if he had reviewed Addendum A that Ms. Wiedmann spoke of. He replied that he had not, but he planned to construct the berm first. Clerk Stumbo asked if Mr. Bongiovanni would be agreeable with having Addendum A incorporated into the motion. He responded that he would like to read it first. He stated that the only problem he saw was where it gave a timeline. Mr. Bongiovanni added that he did not have a problem with Addendum A being added to the motion. Supervisor Roe stated that the petitioner did agree, at the request of the Planning Commission to do streetlights in the development. She asked about the possibility of compromising. In exchange for the outlot and fence, the Board would not require them to do streetlights. Mr. Freatman responded that it was probably beyond the scope of the Settlement Agreement to require streetlights in this project. However, through the planning process, they did agree to a special assessment district for streetlights. They would not oppose it if the Township planners wanted streetlights in that area. He explained that his client did not want to trade the streetlights for the outlot and fence. Supervisor Roe replied that the petitioner would have to pay the construction costs of the streetlights and it was expensive. Clerk Stumbo asked the petitioner if the fence was out of the question. Mr. Freatman responded that his client felt he had done all he could. He stated that if the Board would agree to not require streetlights in exchange for fencing, they would be more than happy to do that, but they would not agree to adding the outlot. Supervisor Roe explained that on the outlot issue, she was disappointed that the Township didn’t require it all along. She felt they should have, but it was an issue with the Township policy. She added that she would not be supporting the motion. Discussion followed. The developer agreed to install a green vinyl coated chain link fence along the Wiedmann’s property, in exchange for not doing streetlights in the development.
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A motion was made by Clerk Stumbo, supported by Treasurer Doe to approve the PD Stage II Final Site Plan for Rolling Hills Meadow, contingent on the developer fulfilling the items addressed in the Settlement Agreement, that the plan distributed for landscaping be incorporated, that a 4’ green vinyl coated chain link fence be installed along the Wiedmann’s property in exchange for streetlighting, and that Addendum A be agreed to by the developer. Clerk Stumbo agreed to a friendly amendment that approval would also be contingent upon the development agreement being entered into. Clerk Stumbo thanked the developers. The motion carried. Supervisor Roe voted no. 5. RENEWAL OF PUBLIC WORKS CONTRACT WITH THE HURON VALLEY TRV CENTER, FOR THE PERIOD OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 A motion was made by Treasurer Doe, supported by Trustee Currie to approve renewal of the Public Works Contract with the Huron Valley TRV Center, for the period October 1, 2004 through September 30, 2005. The motion carried unanimously. 6. 1ST READING RESOLUTION NO. 2004-38, PROPOSED ORDINANCE NO. 2004-346, AMENDING ARTICLE XI, “EROSION CONTROL”, OF THE CHARTER TOWNSHIP OF YPSILANTI CODE OF ORDINANCES, SECTION 24-156 THROUGH 24-207 INCLUSIVE Clerk Stumbo read Resolution No. 2004-38 into the record (see attached). A motion was made by Clerk Stumbo, supported by Trustee Eldridge to approve the 1st reading of Resolution No. 2004-38, Proposed Ordinance No. 2004-346. The motion carried as follows: Currie: Stumbo: Yes Yes Eldridge: Roe: Yes Yes Doe: Yes
The motion carried unanimously.
CHARTER TOWNSHIP OF YPSILANTI SEPTEMBER 21, 2004 REGULAR MEETING MINUTES PAGE TWELVE 7. 1ST READING RESOLUTION NO. 2004-40, PROPOSED ORDINANCE NO. 2004-348, REQUEST FOR VACANT PROPERTY LOCATED ON GREENLAWN TO BE REZONED FROM R-5 (SINGLE FAMILY RESIDENTIAL) TO B-3 (GENERAL BUSINESS) – KAY FERRELL Clerk Stumbo read Resolution No. 2004-40 into the record (see attached). A motion was made by Clerk Stumbo, supported by Trustee Eldridge to approve the 1st reading of Resolution No. 2004-40, Proposed Ordinance No. 2004-348. The motion carried as follows: Currie: Stumbo: Yes Yes Eldridge: Roe: Yes Yes Doe: Yes
The motion carried unanimously. 8. A. JUNK YARD/STORAGE LICENSE FOR 2004 RT’s Auto, 2835 Coolidge, K-11-13-305-004 – Auto Dismantling & Storage Yard
Clerk Stumbo read a letter dated September 10, 2004 from Mark Giffin, Ordinance Administrator into the record (see attached). A motion was made by Clerk Stumbo, supported by Trustee Currie to approve the Auto Dismantling & Storage Yard License for RT’s Auto, located at 2835 Coolidge Road. The motion carried unanimously. 9. 2004 BUDGET AMENDMENTS
A motion was made by Clerk Stumbo, supported by Treasurer Doe to approve the 2004 budget amendments as outlined (see attached). The motion carried unanimously. 10. APPROVAL OF PRELIMINARY TAX RATE
A motion was made by Treasurer Doe, supported by Trustee Currie to approve the preliminary tax rate as outlined (see attached). The motion carried unanimously.
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11.
SET PUBLIC HEARING DATE OF TUESDAY, OCTOBER 5, 2004 AT APPROXIMATELY 7:00 P.M. – SPECIAL ASSESSMENT LEVY
A motion was made by Trustee Currie, supported by Clerk Stumbo to set the public hearing date. The motion carried unanimously. SET PUBLIC HEARING DATE OF TUESDAY, OCTOBER 19, 2004 AT APPROXIMATELY 7:00 P.M. TO HEAR REQUEST OF VISTEON CORPORATION, LOCATED AT TEXTILE AND MCKEAN ROAD, YPSILANTI TOWNSHIP ON APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE A motion was made by Trustee Eldridge, supported by Clerk Stumbo to set the public hearing date. The motion carried unanimously. 12.
OTHER BUSINESS 1. “AMERICAN IMAGES, ECONOMIC RESOURCES GUIDE MAGAZINE”
A motion was made by Trustee Currie, supported by Trustee Eldridge to authorize signing a contract with American Images Economic Resources Guide Magazine, contingent upon review by the attorney, at no cost to the Township. The motion carried unanimously.
AUTHORIZATIONS AND BIDS Approve: A. Change Order #4 for the Ford Heritage Park Phase III project for $4,341.25. The work will include saw cutting and removing sections of existing pavement and installing edge drain and new asphalt. The work will be performed by Pro-Line Asphalt, the project contractor. Funding is budgeted in account #211-970-000-974001.
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Accept: A. The bid received from Nga Tran for $110.00 for the sale of the 1992 Chevrolet 1500 pickup truck.
B. Per the recommendation from Ed Wooton, RSD-Building Operations, the low bid and only bid received from Detroit Door & Hardware Company for $13,193.00 to renovate restrooms at the Community Center, Civic Center and Clark Road Shelters. Funding for this project is in account #245-245000-975-142 for the Civic Center in the amount of $4,426.00, and #211- 970-000-975-563 for the Community Center and Clark Road Shelters for $8,767.00. Also, in addition to the above project, we would include restroom renovations at 14B District Court, at a cost not to exceed $3,000.00, from account #245-245000-975-142. A motion was made by Clerk Stumbo, supported by Treasurer Doe to approve Authorizations and Bids. The motion carried unanimously.
STATEMENTS AND CHECKS A motion was made by Treasurer Doe, supported by Trustee Currie to approve Statements and Checks in the amount of $3,090,192.69. The motion carried unanimously.
ADJOURNMENT A motion was made by Treasurer Doe, supported by Trustee Eldridge to adjourn the meeting. The motion carried unanimously. The meeting adjourned at approximately 8:56 p.m. Respectfully submitted,
Brenda L. Stumbo, Clerk