APPROVED
Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, March 25, 2003
E.A. Jackson Morris Hall, The Robert A. Lillie Service Center
6201 W. Michigan Avenue, Ann Arbor, Michigan 48108
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1.0 Call Meeting to Order
Supervisor Walter called the
meeting to order at 7:30 p.m., a quorum was present.
2.0 Pledge of Allegiance led bySupervisor Walter.
3.0 Roll Call – all members present.
4.0 Open Meetings Act/Public Comment I
Supervisor Walter added item 12.2 to the agenda.
5.0 Public Hearings/Presentations
6.0 Approval of Minutes
6.1 Request to Approve Minutes of the Regular Meeting held on March 11, 2003.
Motion by Trustee Brostrom, supported by Treasurer Skrobola, to approve the minutes of the regular meeting held on March 11, 2003.
MOTION CARRIED.
7.0 Consent Agenda
8.0 Items from the Treasurer
9.0 Items from the Clerk
9.1 Request Approval for Payment of the Payables, checks #41751-41876, in the amount of $1,757,843.22.
Motion by Clerk Lirones, supported by Trustee Brostrom, to approve payment of the payables, checks #41751 – 41876, in the amount of $1,757,843.22.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.2 Request to Approve Resolution #03-12 for Annexation to the City of Ann Arbor, for property located at 2919 Shady Lane, Section #3, Richard and Cecelia Turk.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve resolution #03-12 for annexation to the City of Ann Arbor for property located at 2919 Shady Lane, Section #3, Richard & Cecelia Turk. (See attachment #1).
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.3 Request to Approve Resolution #03-11 for Annexation to the City of Ann Arbor, for property located at 2971 Shady Lane, Section #3, Don E. Prior III.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve resolution #03-11 for annexation to the City of Ann Arbor for property located at 2971 Shady Lane, Section #3, Don E. Prior III. (See attachment #2).
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.4 Request to Approve Resolution #03-10 to set the Annual Weed Mowing Fees and Dates.
Motion by Clerk Lirones, supported by Trustee Burhop, to approve resolution #03-10 to set the annual weed mowing fees and dates. (See attachment #3).
Trustee Burhop pointed out that the word “become” was spelled incorrectly on the resolution.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.5 Request to Appoint Anita Zot as the Pittsfield Charter Township Representative to the Stony Creek Steering Committee.
Motion by Clerk Lirones, supported by Trustee Brostrom, to appoint Anita Zot as the Pittsfield Township Representative to the Stony Creek Steering Committee.
Clerk Lirones commented that Ms. Zot had helped to write the watershed plan grant and that it had been the recommendation of Deputy Clerk Jan BenDor to appoint her to this position.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.6 Request to Receive Control Account Report for the month of January 2003.
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to receive the control account report for the month of January 2003.
MOTION CARRIED.
10.0 Items from the Supervisor/Assessor
11.0 Items from the Office of Public Safety
11.1 Request to Approve Training Officer/AFM Mark Nicholai to the Temporary Assignment of Acting Fire Marshal, effective March 15, 2003 at 12:01 a.m.
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the appointment of Training Officer/AFM Mark Nicholai to the temporary assignment of Acting Fire Marshal, effective March 15, 2003 at 12:01 a.m.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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11.2 Request Approval to Deny the Request of Waiver of False Alarm fee of $1,700.00 from Todd A. Carlson of ICI Paints. False alarms were between December 28, 2002 and December 29, 2002.
Motion by Trustee Brostrom, supported by Trustee Burhop, to deny the request for a waiver of false alarm fees of $1,700.00 from Todd A. Carlson of ICI Paints. The false alarms were between December 28, 2002 and December 29, 2002.
Trustee Marine said there is no reason why our Public Safety should have had to respond to seventeen false alarms in one day. He said he wished that that Mr. Carlson had attended the Board meeting to speak about his request for a waiver. Trustee Marine said he had no information on this situation except Mr. Carlson’s letter explaining that he contacted the alarm company to service the alarm system on the following day.
Supervisor Walter said the problem was between the owner and the alarm company. He said that seventeen Public Safety responses to false alarms is an unconscionable misuse of their time.
Trustee Burhop said that the owner of the store bears a burden here, and that while the police were responding to all of these false alarms, they couldn’t be responding to someone else who may have had a real emergency.
Trustee Marine said that he would like to find out how to prevent this type of situation.
Trustee Conner said that because this is a paint business where flammable materials may be kept on site, Public Safety needs to respond every time. He said it is the responsibility of the owner to make sure that there is good communication between the alarm company and Public Safety.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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11.3 Request to Deny the Waiver of False Alarm Fee in the amount of $100.00, for the date of December 29, 2002, located at 5563 Carpenter Rd. (Nilgiris Import Goods).
Motion by Treasurer Skrobola, supported by Trustee Burhop, to deny the waiver for a false alarm fee in the amount of $100.00 for the date of December 29, 2002, for property located at 5563 Carpenter Rd. (Nilgiris Import Goods).
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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11.4 Receive Police Department Call Activity Statistical Report for the month of February 2003.
Motion by Clerk Lirones, supported by Trustee Brostrom, to receive the Police Department call activity statistical report for the month of February 2003.
MOTION CARRIED.
12.0 Items from the Office of Municipal Services/Planning and Zoning
12.1 Request Approval of Resolution RZ 02-01/CSPA 02-04 Sam’s Club [First Reading].
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to adopt the resolution of approval for RZ 02-01/CSPA 02-04 Sam’s Club [First Reading]. (See attachment #4)
Mark Spencer, Senior Planner, went over his memorandum regarding this item. He pointed out items 13 and 14 and said they had been added subsequent to the Planning Commission’s recommendation of approval. He mentioned two typographical errors in items 5 and 10.
Supervisor Walter asked if the fueling station will be for members only.
Planner Spencer said yes.
Joseph Galvin, Attorney for Sam’s Club, said he believed that this is a plan that the township will be happy with. He added that item #6 had been corrected and that they have asked for a re-inspection.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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Supervisor Walter pointed out that there is a new sound system in use tonight and asked the audience if it sounded good.
The audience responded with applause.
12.2 Request Approval to Direct Staff to Tell the Developer to Include all Construction Details including Landscaping and Mitigation before the Board will Grant Final Approval of the Preliminary Plat for Pines of Lake Forest.
Mark Spencer, Senior Planner, said that landscaping and tree mitigation plans are typically part of the construction plan included in the preliminary plat. He said that in May 2002, there had been an agreement through a memorandum of understanding with this developer on Centennial Park which allowed that landscaping plan to be postponed. The Planning Commission had also agreed to let this developer delay the landscaping plan for Pines of Lake Forest until the final plat approval. However, he said, very little progress had been made on this landscape and mitigation plan since that time. Planner Spencer said that for enforcement purposes, he would feel more confident if this was included as part of the approved preliminary plat. He said that there was no memorandum of understanding with the Pines of Lake Forest, as there had been with Centennial Park. He asked the Board for guidance on this issue before informing the applicant of the timing of the landscaping and tree mitigation plan.
Treasurer Skrobola agreed that putting this on the preliminary plat will provide greater force for getting a valid landscaping and tree mitigation plan in on a timely basis.
Clerk Lirones said that although the Planning Commission had not asked that this be included for the Board’s approval, it should be added before the Board grants approval of the preliminary plat on this project.
Trustee Marine asked for further clarification.
Planner Spencer said that the Planning Commission’s resolution recommending approval stated that the landscape and tree mitigation plan did not have to be done until the Board was ready to grant final plat approval. He said that this is typically part of the construction plan, and with the Board’s recommendation he will ask the applicant to include this in his construction plan to be submitted before approval of the preliminary plat. He said that staff will then review it and make a recommendation to the Board based on that submittal. He added that the Planning Commission had already delegated authority to the staff to review and make a decision on the landscaping and tree mitigation plans. Once the staff is satisfied with these plans, the project will be brought before the Board for final approval of the preliminary plat.
Trustee Conner asked if this is a change in the usual procedure.
Planner Spencer said no, that the Planning Commission had made an exception on this recommendation of approval for this developer, and he had been given ample time, since May 2002, to have worked with staff to develop a good landscape and mitigation plan. He said that it is better to have this as part of the preliminary plat because that is the enforceable document that the developer is supposed to live up to. Otherwise, creative language will need to be put into a development agreement to guarantee this work. He added that this developer had not intended to have his landscape designer work on this for a while because he thought he could start construction anyway.
Clerk Lirones asked if there had been a memorandum of understanding that covered both the Pines of Lake Forest and Centennial Park.
Planner Spencer said that he did not believe that the memorandum of understanding had included the Pines of Lake Forest.
Clerk Lirones noted that both projects were being worked on simultaneously, and it was felt that the township was losing some control of the tree mitigation on this project. She agreed that it needed to be tightened up and included in the preliminary plat.
Trustee Conner asked if plat approvals applied to both residential and commercial developments.
Planner Spencer said only to platted subdivisions, not site condominiums and standard commercial developments. He explained that in those cases, the landscape plan should already be part of the approval that the Planning Commission does. He said that the platting process is a little bit different because it is the Board that gives final approval of that document, and everything should be in order by that time.
Clerk Lirones pointed out that that there have been many difficulties with this particular developer. With Centennial Park, the Board had done long, conditioned resolutions of approval of the preliminary and final plats, despite the fact that this was not a preferred course of action.
Planner Spencer said that the more conditions that are put on a conditional approval, the higher the chance that something may be overlooked.
Motion by Clerk Lirones, supported by Treasurer Skrobola, to direct staff to tell the developer to include all construction details including landscaping and mitigation before the Board will grant final approval of the preliminary plat for Pines of Lake Forest.
Planner Spencer said that the Planning Commission had recommended to the Board that they wait longer to have this landscaping plan done, but he is countering the Commission by saying that it is important that this be taken care of now.
Clerk Lirones said she thought it was a good idea.
Trustee Conner asked if this will work, and if the Board could assume that future developers will include all of these plans and the Planning Commission will not allow any more exceptions.
Clerk Lirones said that the Planning Commission had worked from a resolution written by the staff and the planning consultant, with consideration given to the fact that the township is constantly facing the threat of litigation from this particular developer. She noted the Board had given similar consideration, by giving conditional approvals on Centennial Park in order to avoid an evidentiary hearing. She said that the township had attempted to work cooperatively, to no avail, and so the opportunity to intercede before Board action is now being taken. She said that the Planning Commission does not generally grant any exceptions as a rule, but at the same time the township cannot be in court every day either.
Trustee Marine asked if this motion might result in more litigation.
Supervisor Walter said that it is less likely in the sense that the Board is telling the developer what to do ahead of time, rather than the developer bringing an unacceptable plat to the Board, only to have it denied.
Trustee Marine asked if the landscaping and tree mitigation had not been included in the beginning because of the threat of litigation.
Clerk Lirones said that there had been many global issues that the township had tried to resolve cooperatively with this developer, including the $107,000.00 that the developer owes the township for USW fees. She said that the developer’s attorney and township administrators had discussed many issues regarding this and other projects, and he had made many promises, including payment of the outstanding fees. She said that everyone was supposed to be working cooperatively, but that has now fallen apart.
Planner Spencer noted that as soon as the township had given the developer something that he wanted, he had stopped cooperating. He said that there are improvements that are outstanding from phase I and other projects, so more items may be required before final approval of the preliminary plat.
Trustee Burhop said that Planner Spencer has done a good job tightening up procedures.
MOTION CARRIED.
13.0 Items from the Parks & Recreation Department
13.1 Request approval and Resolution to Submit a Michigan Department of Natural Resources Grant Application to two sources of funding, the DNR Trust Fund and Land & Water Conservation Fund for the Central Area Rural Preserve – Phase I (formerly Hillsdale College South Property) Development Project to meet the April 1, 2003 deadline. For the DNR Trust Fund, Pittsfield Township 56% match - $433,720.00, DNR 44% match - $340,780.00, total $774,500.00. For the Land & Water Conservation Fund, Pittsfield Township 50% match - $387,250.00, L & W 50% match - $387,250.00, total $774,500.00 – Account # 208-970.000.
Motion by Trustee Conner, supported by Trustee Burhop, to approve the resolution to submit a Michigan Department of Natural Resources Grant Application to two sources of funding, the DNR Trust Fund and Land & Water Conservation Fund for the Central Area Rural Preserve – Phase I (formerly Hillsdale College South Property) Development Project to meet the April 1, 2003 deadline. For the DNR Trust Fund, Pittsfield Township 56% match - $433,720.00, DNR 44% match - $340,780.00, total $774,500.00. For the Land & Water Conservation Fund, Pittsfield Township 50% match - $387,250.00, L & W 50% match - $387,250.00, total $774,500.00 – Account # 208-970.000. (See attachment #5).
Dan Cooperrider, Director of Parks & Recreation, introduced Chet Hill from The Johnson Hill Land Ethics Studio, to speak about the preliminary design concept and the cost analysis that goes along with the grant. He said that this is a large grant application that will go to the DNR tomorrow, if the Board approves.
Mr. Hill said that his company has been assisting the Parks & Recreation Commission in the preparation of this grant application. He briefly went over the plan that is being submitted for funding. He said that they are proposing that the existing trail system be improved, and in some cases, slightly relocated. He pointed out the wetland areas, and said that there will be a new trail near one of them, with a boardwalk, and a connecter trail from the old farm area. He said that the service drive for the new water tank will also service a gated parking lot that will hold about 50 cars. He said that the play fields will be for informal play, and that a pavilion/restroom facility, a small play area, and picnic area will be located near the parking lot. He said that equipment will be similar to that of Lillie Park South. He said that there will be an asphalt pathway on the outer edge of the park leading toward the woods from the western edge of the property. He went over the placement of footbridges and overlooks in the wetland and woodland areas.
Trustee Brostrom asked if Mr. Hill had heard anything about State funding and whether the State’s current financial crisis would affect this project.
Mr. Hill said that he is aware of the situation, but that there has been no suggestion that funding from these sources is in jeopardy.
Trustee Brostrom asked if the gate will be similar to the one at Lillie Park.
Director Cooperrider said yes, and that it will generally remain open. He said that there is another gate for the fence around the water tank that will be kept locked at all times.
Supervisor Walter noted that the township parks close at dusk. He expressed concern that people will think the park is always open and asked why a gate would not be placed at Textile Road.
Director Cooperrider said that park gates generally remain open because there is not enough staff to go around and close them at dusk.
Mr. Hill said that there is room for a car to turn around should the gate to the parking lot be closed.
Treasurer Skrobola said that, in the event that the township is granted this money, the township’s maximum matching contribution is $433,720.00 dollars. He asked if that amount had been identified in the Parks &Recreation millage fund balance.
Director Cooperrider said yes, that there are unencumbered funds in that account.
Trustee Marine asked why two grants were being applied for.
Mr. Cooperrider said that this grant application covers two potential funding sources, and that only one or the other will be approved.
Trustee Brostrom said that in the past there had been some discussion about putting a parking lot off of Michigan Avenue, and asked if that was still an option.
Director Cooperrider said not at this time, because it is steep terrain and construction would be difficult. He pointed out an existing trail that comes near Michigan Avenue and said that it may be extended further.
Supervisor Walter said that a greenway or bike path may be possible in the future.
Director Cooperrider said that the possible relocation of Michigan Avenue was also an influence.
Trustee Marine said that he was bothered by the amount of money that will be spent on restrooms. He said that he did not believe that informal activities occur very often, and was concerned that the park will not get enough use to justify such expensive facilities. He suggested installing temporary restrooms in order to test the market before installing a permanent structure. He said that he did not believe that the lack of permanent facilities will deter people.
Mr. Hill said that meetings were held regarding this park, and the overwhelming sentiment of participants was that permanent structures are important.
Trustee Marine asked what the rationale was.
Mr. Hill said that the feeling was that restrooms are necessary and portable restrooms are not favored; therefore it is appropriate to install a permanent structure at this time.
Supervisor Walter mentioned that the asphalt connection to the offices immediately to the west will help attract people to visit on their lunch breaks, and having a bunch of port-o-johns will not help to make this park attractive to them. He said that it is better to create a quality environment from the beginning than to try to rebuild it later.
Clerk Lirones agreed, and said that the mobile home community to the south will have great access to this park, and that it will be a tremendous asset to the community that will ultimately be a part of a larger park system and accessible from many locations.
Director Cooperrider said that this park will be advertised in the public schools for interpretive walks, and that a potential connector from Michigan Avenue is also being looked at. He said that the play area is level enough for local teams to practice on, and that it will certainly be used for various activities.
Trustee Burhop said that this park is the farthest west in the township and there are plenty of people who would love to have it so near. She added that when you have to go, you’re going to go somewhere, so it’s better to accommodate people with a sanitary restroom.
Director Cooperrider commented that he receives compliments on the cleanliness of the township parks’ restrooms.
Trustee Conner asked if the plan had been looked at in conjunction with the township wetlands ordinance.
Mr. Hill said that he had not done so, since this was a very early stage.
Director Cooperrider said that this is conceptual in nature, and that the real design and engineering will take place if the township is lucky enough to get the award.
Mr. Hill said that the plan is designed to have no impact on the wetlands, other than the path in that proximity. He said that he is certain that there will not be any difficulties related to wetlands, but that it does need to be examined closely.
Trustee Marine said that he does a lot of mountain biking and most parks that offer this activity have port-o-potties and the parking lots are always full. He said that he did not think that port-o-potties will stop people from using a nice park, but if nice restrooms will draw people in, then that’s fine. He said that it is also a good idea to incorporate the nearby business park, and suggested partnering with them for some possible financial assistance and clientele. He added that the current parks are heavily used due to organized recreation, which will not be present at this park. He said that it will also take some effort to get people to bring their families to picnic next to a huge water tank. He said that these issues should be taken up before a large amount of money is spent on improvements.
Trustee Brostrom said that public restrooms are expensive, in part, because they must be vandal-proof. He asked if it would be worth adding paths to the mobile home park.
Director Cooperrider said that those already exist, but were not put in the plan because they are up a steep embankment, which would not be acceptable to the DNR, which requires accessibility for disabled people.
Supervisor Walter said that once the park is established the township can work with the mobile home park for accessible entryway trails.
Trustee Marine asked if the entire trail system will be ADA accessible.
Mr. Hill said yes, that all of the trail system has to be accessible.
Trustee Conner asked what the trails will be made of, and where the concrete will be.
Mr. Hill said the trails will be limestone, and that there will be a small section of concrete at the kiosk adjacent to the park, under the picnic shelter, and at the restrooms.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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14.0 Unfinished Business
Clerk Lirones said passed out an attachment to the Board members that was supposed to have been attached to the minutes of March 11, 2003.
15.0 New Business
16.0 Public Comment II
Mary Lirones commented from the audience that the new sound system sounds great.
17.0 Adjournment by Supervisor Walter at 8:45 p.m.
_____________________________
Arianne Garza, Department Assistant
Recording Clerk
Pittsfield Charter Township
_____________________________
Christina L. Lirones, ClerkPittsfield Charter Township
_____________________________
James R. Walter, Supervisor
Pittsfield Charter Township
MINUTES APPROVED, AS CORRECTED, AT THE PITTSFIELD CHARTER TOWNSHIP BOARD OF TRUSTEES MEETING HELD ON APRIL 8, 2003.
