CHARTER TOWNSHIP OF COMMERCE

REGULAR BOARD OF TRUSTEES MEETING

Tuesday, March 9, 2004

2840 Fisher Avenue

Commerce Township, Michigan 48390

 

 

CALL TO ORDER: Supervisor Thomas Zoner called the meeting to order at 7:00 p.m. and introduced the members of the Board.

 

 

PLEDGE OF ALLEGIANCE TO FLAG

 

ROLL CALL:   Present:              Thomas K. Zoner, Supervisor

                                                        Sandra Abrams, Clerk

                                                        Susan Gross, Treasurer

                                                        Robert J. Long, Trustee

                                                        Cheryl Magalski, Trustee

                                                        Daniel Munro, Trustee

                                                       

                         Absent:                 Rick Sovel, Trustee (excused)

 

                           Also Present:     Phillip Adkison, Township Attorney

                                                        Loren Crandell, Giffels-Webster Engineers

                                                        Jay James, Giffels-Webster Engineers

                                                        Christina Michaels, Township Attorney

                                                       

 

APPROVAL OF MINUTES

MOTION by Abrams, supported by Gross, to approve the Regular Township Board Meeting minutes of February 10, 2004, as written.

                                                            MOTION CARRIED UNANIMOUSLY

 

 

COMMUNICATIONS:

Received and filed

 

 

PRESENTATIONS:

None

 

 

 

 

Page 2                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

 

DIRECTOR REPORTS

Lt. Dennis Davis, Oakland County Sheriff’s Department

Joseph Schornack, Fire Chief

Jeffrey Bowdell, Building-Zoning Director

Constance Guest, Planning Director

Kathleen Pogarch, Assessing

Kelly Knight, Senior Center Director

Jay James, Giffels-Webster Engineers

 

 

Supervisor Thomas Zoner welcomed students from Lakeland High School.

 

 

ITEM 1:2-10 APPROVAL OF AGENDA

MOTION by Munro, supported by Magalski, to approve the Agenda with the following changes: move item 12B to Item 4 and in the Consent Agenda, add Item B - Fire Station Number 1 – Amendment of Purchase Agreement and add Item C - Resolution Authorizing Deed Restrictions and the Amendment of Purchase Agreement for Sale of Property to Fire Station No. 1 LLC.

                                                                        MOTION CARRIED UNANIMOUSLY

 

 

ITEM 2:2-10 PUBLIC COMMENTS

Glen Short –

·        Passed out a brochure explaining the new Fertilizer Ordinance.  There will be a public information meeting on April 1, 2004, 7:00 p.m. at the Richardson Center. 

·        Working with Kelly Knight on an educational program for township residents.

 

Susan Auerbach 9005 Campbell Creek Drive – Does the Township have a blight ordinance?  She stated there are a lot of signs posted in the township.   She asked for the status of D.D.A. Taubmans and of the Walled Lake Schools.

 

Richard Walter 864 Dunreath, Wolverine Lake, Michigan was present to discuss signs installed at businesses within the Township.  He is opposed to Rusty Rosman being re-appointed to the Zoning Board of Appeals.

 

Library issue - Supervisor Thomas Zoner asked for any comments regarding library services.  No comments were made.

 

  

 

 

 

Page 3                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

 

ITEM 3:2-10 BOARD APPOINTMENTS

A.     Barbara Rosman, Re-appointment to the Zoning Board of Appeals for a 3-Year Term ending March 9, 2007.

 

MOTION by Munro, to appoint Barbara Rosman to the Zoning Board of appeals for a 1-Year Term ending March 9, 2005.

FAILED DUE TO LACK OF SUPPORT

 

MOTION by Munro, to table Barbara Rosman, Re-appointment to the Zoning Board of Appeals until Rick Sovel is present.

FAILED DUE TO LACK OF SUPPORT

 

MOTION by Abrams, supported by Long, to appoint Barbara Rosman to the Zoning Board of appeals for a 3-Year Term ending March 9, 2007.

 

ROLL CALL VOTE

AYES:            Magalski, Gross, Abrams, Long, Zoner

NAYS:            Munro

ABSENT:      Sovel                                      MOTION CARRIED

 

 

ITEM 12:2-10 NEW BUSINESS (moved)

B.  Dodge Park #5 Purchase Agreement and Resolution

 

MOTION by Gross, supported by Magalski, to approve the Charter Township of Commerce, Michigan Installment Purchase Agreement (Dodge Park #5 Acquisition Project).

 

ROLL CALL VOTE

AYES:            Munro, Magalski, Gross, Abrams, Long, Zoner

NAYS:           

ABSENT:      Sovel                                      MOTION CARRIED UNANIMOUSLY

 

 

ITEM 4:2-10 PUBLIC HEARINGS

A.     Gypsy Moth 2004 Special Assessment District Roll Resolution

Supervisor Thomas Zoner opened the Public Hearing

 

Opposed:

·        Steven Sechelar 2096 Golfcrest.  He said that he never saw any gypsy moths in the area and is also concerned how the areas were selected.

·        Eller Pizarek 3875 Balmony.  He does not believe this is an effective way of treatment because the spray cannot get to hidden moths and egg masses.

Page 4                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

 

Gypsy Moth 2004 (continued)

In support:

·        Chris Darrin, Cheryl Drive

·        Marie Schroader 4140 Mallard Court

·        Harold Fox 5435 Inverarry

·        Kelly Staron 388 Cheryl Drive.  Will spot spraying cause the moths to migrate to other areas?

·        William Gulf 2087 Kartage Ct. said he put burlap on his trees and this gets rid of the gypsy moths.

Michael Derum 3724 Cheryl Drive.  He was concerned if Longs Family Farm and Orchard would be sprayed.

 

Linda Baldwin 1948 Oakside Court asked what type of trees gypsy moths attack.  She lost three (3) trees to gypsy moths and said the program does not work.

 

Letters received in opposition:

Joseph Deinek 2101 Jason Drive

Anthony Jordan 4180 E. Commerce Road

John and Sarah Kanowski 3932 Lakes Edge Drive

Danny Callahan 2140 Glen Iris Drive

Arlene Wrask 2240 Glen Iris Drive

Jay Herdman 2100 Glen Iris Court

 

Letters received in support:

Keith and Kathy Attar 2200 Glen Iris

 

Supervisor Thomas Zoner closed the Public Hearing

 

MOTION by Gross, supported by Magalski, to approve the Resolution Confirming Special Assessment Roll for the Special Assessment District Designated Gypsy Moth 2004 Special Assessment District.

 

ROLL CALL VOTE

AYES:            Munro, Magalski, Gross, Abrams, Long, Zoner

NAYS:           

ABSENT:      Sovel                                      MOTION CARRIED UNANIMOUSLY

 

B.    Mimosa Estates Sanitary Sewer Special Assessment District Roll Resolution

Supervisor Thomas Zoner opened the Public Hearing

No one was present.

Supervisor Thomas Zoner closed the Public Hearing

Page 5                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

Mimosa Estates (continued)

 

MOTION by Gross, second by Magalski, to approve the Resolution Confirming the Special Assessment Roll for the Special Assessment District to be Known as Mimosa Estates Sewer Special Assessment District.

                                                                        MOTION CARRIED UNANIMOUSLY                                         

C.    Special Projects No. 21 Special Assessment District Roll Resolution

Supervisor Thomas Zoner opened the Public Hearing

 

No one present had any objections or comments

 

Supervisor Thomas Zoner closed the Public Hearing

 

MOTION by Abrams, supported by Magalski, to approve the Resolution Confirming Special Assessment Roll for the Special Assessment District Designated Special Projects No. 21.

 

ROLL CALL VOTE

AYES:            Munro, Magalski, Gross, Abrams, Long, Zoner

NAYS:           

ABSENT:      Sovel                                      MOTION CARRIED UNANIMOUSLY

 

 

ITEM 5:2-10 CONTRACTS AWARDS AND AGREEMENTS

A.     Seeley Drain Improvement Contract Award

Jay James, Giffels-Webster Engineers explained the contract.

 

MOTION by Munro, supported by Gross, to approve the recommendation of Giffels-Webster Engineers to award the Seeley Drain Improvement Contract to Michigan Aquatic Control, Inc. at an amount not to exceed $23,164.00.  This is subject to obtaining a license agreement or necessary easements with property owners.                                                              MOTION CARRIED UNANIMOUSLY

 

 

ITEM 6:2-10 INTRODUCTIONS

None

 

 

ITEM 7:2-10 ADOPTIONS

                                                                       

A.     An Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to amend Article XX, Section 2011, to Revise Requirements for Wall Signs, to be known as Ordinance 55-04-158.

 

Page 6                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

 

Ordinance 55-04-158 (continued)

 

MOTION by Munro, supported by Gross, to Adopt an Amendment to the Charter Township of Commerce Ordinance No. 55, to Amend Article XX, Section 2011 to be known as Ordinance 55-04-158 and to give publication in the manner prescribed by law.                                             MOTION CARRIED UNANIMOUSLY

 

B.    An Amendment to the Charter Township of Commerce Ordinance No 55, the Zoning Ordinance, to Amend Articles IV, V, VII, and XX, to Revise Locations and Requirements of Child Care Organizations, to be known as Ordinance 55-04-159.

 

MOTION by Munro, supported by Abrams, to Adopt an Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to amend Articles IV, V, VII and XX to be known as Ordinance 55-04-159 and to give publication in the manner prescribed by law.                                                                                                                                   MOTION CARRIED UNANIMOUSLY

 

C.    An Amendment to the Charter Township of Commerce Ordinance No 55, the Zoning Ordinance, to Re-zone the Southeast Corner of M-5 and Maple Roads, to be known as Ordinance 55-04-160.

 

MOTION by Abrams, supported by Gross, to Adopt an Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to Re-zone the Southeast corner of M-5 and Maple Roads, to be known as Ordinance 55-04-160 and to give publication in the manner prescribed by law.

                                                MOTION CARRIED UNANIMOUSLY

 

D.    An Amendment to the Charter Township of Commerce Ordinance No 55, the Zoning Ordinance, to Rezone the Southwest Corner of M-5 and Maple Roads, to be known as Ordinance 55-04-161.

 

MOTION by Abrams, supported by Gross, to Adopt an Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to Rezone the Southwest corner of M-5 and Maple Roads, to be known as Ordinance 55-04-161 and to give publication in the manner prescribed by law.

                                    MOTION CARRIED UNANIMOUSLY

 

E.     An Amendment to the Charter Township of Commerce Ordinance No 79, the Fee Ordinance, to Amend Sections 12, 13, 14 and 15, to Set Forth Revised Fees, to be known as Ordinance 79-04-23.

 

 

Page 7                                                           Tuesday, March 9, 2004

Regular Township Board Meeting       

 

 

Ordinance 79-04-23 (continued)

 

MOTION by Gross, supported by Abrams, to Adopt an Amendment to the Charter Township of Commerce Ordinance No. 79, the Fee Ordinance, to Amend Sections 12, 13, 14 and 15, to be known as Ordinance 79-04-23 and to give publication in the manner prescribed by law.                                                                                                                                                 MOTION CARRIED UNANIMOUSLY

 

 

ITEM 8:2-10 SITE CONDOMINIUMS AND PLATS

A.     Claran Industrial Park Final Preliminary Plat Approval Extension

 

MOTION by Abrams, supported by Gross, to approve Claran Industrial Park Final Preliminary Plat Approval for a one (1) year extension.

MOTION CARRIED UNANIMOUSLY

 

B.     Ladd Industrial Subdivision Final Preliminary Plat Approval Extension

 

MOTION by Abrams, supported by Gross, to approve Ladd Industrial Subdivision Final Preliminary Plat Approval for a one (1) year extension.

MOTION CARRIED UNANIMOUSLY

 

 

ITEM 9:2-10 CONSENT AGENDA

A.     Lake Sherwood Request for Goose Round-up

B.    Fire Station Number 1 – Amendment of Purchase Agreement