Watertown Charter Township

Minutes of Board of Trustees Regular Meeting

May 16, 2005

CALL TO ORDER: The meeting was called to order at 7:02 P.M. with the Pledge of Allegiance.

MEMBERS PRESENT: Supervisor Adams, Clerk Husby, Treasurer Thelen. Trustees: Maahs, Skerritt, and Weitzel. Absent with notice: Trustee Mitchell

PUBLIC COMMENT:

Chris Pratt, 13970 Adeline Drive, addressed the Board concerning a board report on the sewer fund balance as of 3/31/2005. He feels that services could be financed from the sewer fund balance with $1,174,146.95 in surplus funds. He also recalled that the year end fund balance was over $900,000.00.
Dick Cooley presented a letter written to the township administrator that was received in the township hall on May 13, 2005. It was a request that the Board establish a water district for Gravity Works LLC. He would like it added to agenda item #8 with the water district for the Alana Project.
Sergeant Knight reported on the larcenies that have been occurring, usually between 10:00 p.m. and 3:00 a.m. He asked that everyone report anything suspicious.

CONSENT AGENDA ITEMS: Trustee Weitzel requested to have Board & Committee reports moved to Item #17; Treas. Thelen asked correspondence item #9 be moved to the agenda as item #18. Weitzel complimented the clerk and her staff on the recent election under the consolidated election law. Motion by Skerritt and seconded by Thelen to approve the consent agenda items as amended. Motion carried

AGENDA APPROVAL: Husby provided an updated bill list and definitions for 9-1-1 Plan Amendment. Skerritt provided an updated version of the LGRFA minutes. Husby asked to add budget discussions as agenda item #19, and to add Gravity Works LLC water district to item #8. Motion by Skerritt and seconded by Thelen to approve the agenda with added items #17, 18, & 19 and amended #8. Motion carried

APPROVAL OF MINUTES: Regular meeting, April 18, 2005. Husby pointed out a comma to be corrected. Motion by Weitzel and seconded by Thelen to approve the minutes of April 18, 2005 as corrected. Motion carried

Closed meeting, April 18, 2005. Weitzel commented that there was not a roll call vote taken to go into the closed session so he cannot move to approve the minutes. Motion by Skerritt and seconded by Maahs to approve the minutes as presented.

Yes: Husby, Skerritt, Adams, Maahs. No: Thelen, Weitzel. Absent: Mitchell

Motion carried

APPROVAL OF BILLS:

1. Bill list. Motion by Weitzel and seconded by Skerritt to approve the clerk to attend the MTA legislative conference at Boyne Heights. Motion carried

Motion by Weitzel and seconded by Thelen to approve that Ron Overton, Planning Commission, attend a one-day workshop of the Mitt Watershed Council. Motion carried

Motion by Weitzel and seconded by Skerritt to approve that Clerk Husby attend a one-day workshop of the Mitt Watershed Council. Motion carried

The Felzke bill was pulled for discussion. Skerritt explained that the zoning administrator removed the Felzke sign at the corner of Airport and Herbison Roads and in response, Felzke’s have submitted a bill to re-erect the sign. Trent, Planning Director, reported that he has received a letter from Forsberg allowing the Felzke sign on the property at Airport and Herbison, so the sign is now legal. The Felzke bill was deleted from the bill list. Motion by Skerritt and seconded by Maahs to approve the bill list dated 5/16/2005 as amended. Motion carried

PENDING BUSINESS:

1. 2/22/2005-RFP’S for computer hardware and software-spreadsheet. Husby explained the spreadsheet comparing the proposals and suggested that the township continue with TJ’s Integration until the budget can be examined to see what funds are available for improvements. Board members suggested that they would need to know what each company would suggest for improvements in order to know what to put into the budget. Action is postponed until the next regular Board meeting.

2. 1/17/2005-REFCO Banking Resolution. Treas. Thelen amended the past resolution. Supervisor Adams commented that she is not comfortable with the language that authorizes someone to sign a different resolution form than what is authorized. Treas. Thelen will prepare documents and present them at the next regular meeting.

NEW BUSINESS:

1. Committee appointment-Road Priorities. Husby commented only two of the members were present, we needed three of five for a quorum. Bill Huntoon was present and has submitted an application for appointment to the Road Priorities Committee. The terms of office need to be established. Weitzel reported that there is another resident, Peter Kempel interested in serving on the committee. Motion by Weitzel and seconded by Skerritt to appoint Willard Huntoon to the Road Priorities Committee for a three-year term. Motion carried

Motion by Skerritt and seconded by Thelen to accept the resignation of John Maahs from the Road Priorities Committee-effective immediately. Motion carried

Motion by Weitzel and seconded by Skerritt to appoint Peter Kempel to the Road Priorities Committee for a two-year term. Motion carried

2. Case #05-02 PUD, Alana Development LLC. Trent presented the background.

It is south of Stoll Road and west of Airport Road. The proposal is for 308

units with 50% open space. The case was reviewed by the Planning Commission

April 13, 2005, where comments received from residents included: removal of existing features (fence rows), proposed road improvements and who pays for those improvements, extension of public infrastructure, and the impact on the rural community. The Planning Commission voted for approval with eleven conditions. Board members commented on the following items:

Skerritt - pedestrian circulation plan, connecting the developments with a road,

Weitzel - concurred with the need for a pedestrian circulation plan, asked about why there was no response from the fire authority.

Husby - asked about the traffic impact study, the infrastructure plans, and drainage improvement plan of which none have been presented, concerned with the lot coverage and its impact on local drains, proposed lot size variances,.

Thelen commented on the letter from the Capital Region Airport on noise that will impact the homes, on the increase for the school districts and their comments on the plans.

Adams commented that they are asking for approval from the Board before the traffic impact study is available. Trent replied that the Board can determine to be the final reviewing body of the final site plan. Adams commented that with this approval, they would be locked into the density.

Maahs commented that more open space is achieved with the variances and this plan is more palatable than others.

Cooley the developer’s representative explained that this is the first plan to be proposed under the rural planned unit development portion of the zoning ordinance. It requires 50% open space. They have achieved this with natural areas, parks, and yards. The traffic impact study is nearly complete. Disclosure concerning the airport can be included in the condominium agreement. Building construction can be used to mitigate the problem. In order to alleviate concerns at 4747 Stoll Road, they are using a 200’ setback and using the vegetation and fence row on the west to make it more “family friendly.” Skerritt feels that condition #11 needs to be revised-“depict out lots as appropriate for utilities and roads for future potential large-scale adjoining developments.” Condition #12 should be “subject to approval by the local fire authority.” Condition #13 –“applicant must provide a copy of the airport authority letter to all prospective buyers.” Condition #14-the Board of Trustees will have final site plan review. Motion by Weitzel and seconded by Maahs that the Board of Trustees concur with the recommendations of the Planning Commission and approve Case #05-02 PUD for Alana Development LLC allowing a special land use to develop a rural planned unit development at 4601 Stoll Road and the vacant land to the east of this site provided that conformance to the conditions as noted are achieved to the satisfaction of the township zoning administrator as being in accordance with the requirements of the Watertown Charter Township Zoning Ordinance.

1. The applicant must receive the proper review and approval from the Michigan

Department of Environmental Quality regarding any impact to the wetlands located on the property.

2. Comply with requirements of the Clinton County Drain Commissioner, and

indicate compliance on the Final Site Plan.

3. Comply with requirements of the Clinton County Road Commission and

indicate compliance on the Final Site Plan.

4. Comply with requirements of the township engineer to the satisfaction of the

township zoning administrator.

5. Comply with all applicable state, federal, and township laws.

6. Verify parallel plan calculations with regard to wetlands.

7. Traffic impact study is required before approval.

8. Additional details are required to insure preservation of existing natural features, open spaces, county drain, and fence rows with special consideration given to minimizing negative impacts on adjoining properties.

9. Public utilities must be planned and approved, particularly water and sewer.

10. Depict sidewalks along Stoll Road.

11. Depict out lots as appropriate for utilities and roads for future potential large scale adjoining developments.

12. Subject to approval by the local fire authority.

13. Applicant must provide a copy of the local airport authority letter to all prospective buyers

Yes: Maahs, Adams, Husby, Thelen, Skerritt, Weitzel

No: none

Absent: Mitchell

Motion carried

Motion by Husby and seconded by Weitzel to amend the language of #7 to include “Final Site Plan” approval. And add condition #14 that Final Site Plan approval be submitted to the Board of Trustees for approval. Motion carried

Motion by Thelen and seconded by Skerritt that condition #15 will require that applicant must prepare and implement a solid waste management plan for the entire project to the review and comment of the Clinton County Department of Waste Management. Motion carried

3. Case #05-03 SLU, Alana Development LLC. Motion by Weitzel and seconded

by Maahs that the Board of Trustees concur with the recommendation of the Planning Commission and approve Case #05-03 SLU for Alana Development LLC allowing a Special Land Use to develop a site condominium development at 4601 Stoll Road and the vacant land to the east of this site provided that conformance to conditions 1-15 ,as noted, are achieved to the satisfaction of the township zoning administrator as being in accordance with the requirements of the Watertown Charter Township zoning ordinance.

1. The applicant must receive the proper review and approval from the Michigan

Department of Environmental Quality regarding any impact to the wetlands located on the property.

2. Comply with requirements of the Clinton County Drain Commissioner, and

indicate compliance on the Final Site Plan.

3. Comply with requirements of the Clinton County Road Commission and

indicate compliance on the Final Site Plan.

4. Comply with requirements of the township engineer to the satisfaction of the

township zoning administrator.

5. Comply with all applicable state, federal, and township laws.

6. Verify parallel plan calculations with regard to wetlands.

7. Traffic impact study is required before Final Site Plan approval.

9. Public utilities must be planned and approved, particularly water and sewer.

10. Depict sidewalks along Stoll Road.

11. Depict out lots as appropriate for utilities and roads for future potential large scale adjoining developments.

12. Subject to approval by the local fire authority.

13. Applicant must provide a copy of the local airport authority letter to all prospective buyers.

14. Final Site Plan approval will be by the Board of Trustees.

15. Applicant must prepare and implement a solid waste management plan for the entire project to the review and comment by the Clinton County Department of Waste Management.

Yes: Skerritt, Thelen, Husby, Weitzel, Maahs, Adams

No: none

Absent: Mitchell

Motion carried

4. Case #05-08 FPPLT, Lakeside Preserve, Phase VII & VIII. Motion by Weitzel and seconded by Maahs that the Board of Trustees concur with the recommendation of the Planning Commission and grant final preliminary plat approval for Phases VII and VIII provided that conformance to conditions 1-8, as noted below, are achieved to the satisfaction of the township zoning administrator as being in accordance with the requirements of the Watertown Charter Township zoning ordinance and subdivision ordinance.

1. Comply with the requirements of the Clinton County Drain Commissioner’s office.

2. Comply with the requirements of the Clinton County Road Commission.

3. Comply with the requirements of the Clinton County Soil Erosion Control Officer.

4. Comply with the requirements of the township engineer.

5. Comply with the requirements of the Looking Glass Regional Fire Authority.

6. Comply with the requirements of the Southern Clinton County Municipal Utility Authority including addressing the payment of invoice #05-09 dated April 22, 2005.

7. Comply with the requirements of the Lansing Board of Water & Light.

8. Subdivider must comply with all state, federal, and township laws.

Yes: Weitzel, Adams, Skerritt, Husby, Thelen, Maahs

No: none

Absent: Mitchell

Motion carried

5. Wacousta Road-petition for paving. Al Stoolmaker, 16565 Wacousta Road, addressed the Board. He circulated petitions for paving Wacousta Road south of Grand River Avenue. He explained that he was advised that they needed a certain number of linear feet. Some of the signers don’t qualify because they aren’t residents or registered voters of Watertown Charter Township. Husby explained the process how the number of feet was calculated. By front footage of land owners, the petitioners are at 48.34 %; with foot frontage by certified voters, they are at 44.55 % of the total privately owned footage. The Board needs to decide whether or not to hold a public hearing for a determination of necessity. Brian Trahey reported that 78% of the people want the road paved. Motion by Skerritt and seconded by Thelen that the Township Board in compliance with Public 188 of 1954, titled “Public Improvements,” proceed to carry out the road paving improvement on Wacousta Road from Grand River Avenue to Eaton Hwy as provided by this act. Motion and second withdrawn.

Motion by Husby and seconded by Thelen that the Township Board in compliance with Public Act 188 of 1954 proceeds to consider the road paving project by directing the clerk to publish notice of a public hearing and notify all property owners of the hearing for a determination of necessity . Motion carried

6. Assessor contract. Motion by Weitzel and seconded by Skerritt that the contract for Doug MacKenzie from May 1, 2005 through April 30, 2007 for assessing services be approved as presented. Motion carried

7. Internal controls. Motion by Thelen and seconded by Maahs to table.

Motion carried

8. Request for water district for Alana Woods Development and Gravity Works LLC. Motion by Thelen and seconded by Skerritt that Watertown Charter Township request the Board of Water & Light create a water district for Stoll Road development area for Alana Woods Development and Gravity Works Development. Motion carried

9. Appeal-Emergency Services Review Committee. Leonard Den Houter, 2991 Alden Nash Ave. SE, Lowell, MI 49933, addressed the Board of Trustees concerning a bill he received for service from the fire department.

He appealed the $500.00 bill for fire service to the Emergency Services Review Committee and it was denied. He didn’t request the service and asserts that he didn’t receive any service from the fire department, other than a blanket, which was unneeded. He used the ambulance service and expected a bill from them. Skerritt explained the process. Adams explained the reason why the appeal was denied and that the committee did waive the $50.00 late fee. Motion by Skerritt and seconded by Maahs that the Board of Trustees deny the request of Mr. Leonard Den Houter to waive the $500.00 fee provided by the fire authority. Motion carried

He would like to receive a copy of the minutes of the meeting and a revised bill.

10. Address change appeal. The Board needs to appoint a hearings officer. Motion by Maahs and seconded by Thelen that Trustee Weitzel be appointed as hearings officer to hear petitions for relief from administrative actions taken by the township supervisor or assessor pursuant to the authority granted by the Address Ordinance. Motion carried

Motion by Maahs and seconded by Thelen to send the appeal to the hearings officer. Motion carried

11. 9-1-1 Plan Amendment. Motion by Weitzel and seconded by Maahs to continue to participate in the Clinton County 9-1-1 Program as outlined in the county resolution as presented. Motion carried

12. Looking Glass Regional Fire Authority. Skerritt reported on getting a traffic light for the station. They are going to participate in the Job Bank Program. They hope to get the 2006 budget to the township by June. They have been approached by GLEASA about putting an ambulance at the authority. The authority has to address the cost of replacing equipment and setting aside funds for that purpose. Weitzel noted the wear on the pavement lines and the possibility of Flying J receiving a permit to sell beer and wine by the bottle.

13. Update on subcommittees-schedule meetings. Husby reported that they will try to schedule a Road Priorities Committee meeting in the next month. She reported on codification proposals for the ordinance update.

Motion by Weitzel and seconded by Maahs to waive Section 2.3 of the Board By-Laws to extend the meeting from 10:30 P.M.-11:00 P.M. Motion carried

14. SCCMUA-disposition of remaining 2004 fund balance. Motion by Husby and seconded by Maahs to postpone discussion/action on the SCCMUA reserves until the Board has more information from the township administrator. Husby withdrew her motion and Maahs withdrew his second. Motion by Weitzel and seconded by Thelen that $30,380.00 remaining from 2004 fund balance of the Southern Clinton County Municipal Utilities Authority be transferred to the township’s digester reserve fund within the authority. Motion carried

15. Case #05-05 PUD, Gravity Works LLC. Trent presented information on the case. The Planning Commission received concerns from residents on road upgrades and infrastructure and the impact on the rural community. The Planning Commission has eighteen conditions noted. The acting chief of the LGRFA was concerned with the private drives, lack of turning and availability of fire hydrants in the development. Husby pointed out that there are more units on the private drives than are allowed per the Zoning Ordinance. Trent replied that since they are duplex units that they counted each duplex as one unit. It is a preliminary site plan and the applicant has been advised to revise it to conform to the Zoning Ordinance. Husby also asked about the long cul-de-sac. Skerritt suggested that there needs to be a connector road. Motion by Skerritt and seconded by Thelen

that the Board of Trustees concur with the Planning Commission to approve Case #05-05 PUD for Gravity Works LLC allowing a special land use to develop a Rural Planned Unit Development at the property located north of State Road and adjacent to the Royal Scot Golf Course provided that conformance to the conditions1-18, as noted, are achieved to the satisfaction of the Township Zoning Ordinance as being in accordance with the requirements of the Watertown Charter Township Zoning Ordinance (eliminated #10, sidewalks along Stoll Road) and added that Final Site Plan be submitted to the Board of Trustees for final approval):

1. Applicant must receive Final Site Plan approval.

2. Applicant must receive the proper review and approval from the Michigan Department of Environmental Quality regarding any impact to the wetlands located on the property.

3. Applicant must comply with requirements of the Clinton County Drain Commissioner and indicate compliance on the Final Site Plan.

4. Applicant must comply with the requirements of the Clinton County Road Commission and indicate compliance on the Final Site Plan.

5. Applicant must comply with the requirements of the township engineer to the satisfaction of the township zoning administrator.

6. Applicant must submit a traffic impact study for the project area subject to the review of the Planning Commission and the Clinton County Road Commission.

7. Applicant must comply with the requirements of the Tri-County Regional Planning Commission and indicate compliance on the Final Site Plan.

8. Applicant must submit a copy of the recorded Maintenance or Restrictive Covenant Agreement for the RPUD project prior to any construction.

9. Public water and sewer utilities must be planned and approved by the township engineer and Southern Clinton County Municipal Utilities Authority.

10. Depict out lots as appropriate to utilities and future potential large scale adjoining developments.

11. Applicant must prepare and implement a solid waste management plan for the entire project for the review and comment of the Clinton County Department of Waste Management.

12. Applicant must comply with all other applicable state, federal, and township laws.

13. Applicant must provide a copy of the Airport Authority letter to all prospective buyers.

14. Applicant must comply with Zoning Ordinance 3.2 with regard to private driveways.

15. Zoning administrator to seek input from fire chief with regard to this project, particularly private drives and cul-de-sacs.

16. Limit total units to 156.

17. Provide documentation from Royal Scot regarding roadway easements with underlying right of way.

18. Final Site Plan to be submitted to the Board of Trustees for final approval.

Yes: Thelen, Weitzel, Husby, Skerritt, Adams, Maahs

No: none

Absent: Mitchell

Motion carried

16. Case #05-06 SLU, Gravity Works LLC. Motion by Skerritt and seconded by Maahs that the Board of Trustees concur with the Planning Commission and approve case #05-06 SLU for Gravity Works LLC allowing a special land use to develop site condominiums/condominium subdivision at the property located north of State Road and adjacent to the Royal Scot Golf Course provided that conformance to the conditions, as noted 1-18,(dropped 10, sidewalks, and added final approval by the BOT as #18) are achieved to the satisfaction of the township zoning administrator as being in accordance with the requirements of the Watertown Charter Township Zoning Ordinance:

1. Applicant must receive Final Site Plan approval.

2. Applicant must receive the proper review and approval from the Michigan Department of Environmental Quality regarding any impact to the wetlands located on the property.

3. Comply with requirements of the Clinton County Drain Commissioner and indicate compliance on the Final Site Plan.