CHARTER TOWNSHIP OF WATERFORD
         5200 CIVIC CENTER DRIVE
          WATERFORD, MI 48329
        NOVEMBER 13, 2002, 6:30 PM

              - A G E N D A –

PRAYER: Open
APPROVE AGENDA -
APPROVE MINUTES -
APPROVE BILL PAYMENT –

 ANNOUNCEMENTS:
Township offices will be closed for Thanksgiving holiday, November 28 & 29, 2002.
A Public Hearing will be held Tuesday, November 26, 2002 in Town Hall auditorium for the final draft of the Master Plan.

AWARDS & PRESENTATIONS:
1. Presentation by Summit Place Mall Management

REPORTS:
Police Dept, May – September, 2002

OLD BUSINESS:
1.  Public Hearing for Dangerous Building Case #02-103, 2546 Pontiac Lake Road
2.  Amendment to Code of Ordinances, Michigan Vehicle Code, Final Adoption
3.  Amendment to Code of Ordinances, Open Space Preservation, Final Adoption

NEW BUSINESS:
1.  Public Hearing for Local Law Enforcement Block Grant
2.  Approval of Cable Commission reappointments, Mark Conner, Michael Dengate and Craig Granger
3.  Approval of Annual Permit for work on state highways
4.  Approval of Performance and Indemnification Resolution naming Betty Fortino, Clerk, Terry Biederman and Tom Coburn of DPW as authorized to sign permits

___________________________________
Betty Fortino, Clerk

MINUTES ARE AVAILABLE UPON REQUEST AT THE CLERK’S DEPT AND AVAILABLE FOR REVIEW AT THE LIBRARY, PLANNING, POLICE AND TREASURER’S DEPARTMENTS. IN CONFORMANCE WITH THE AMERICANS WITH DISABILITIES ACT, LARGE-PRINT AGENDAS AND MINUTES ARE AVAILABLE UPON REQUEST. BARRIER-FREE PARKING AND ACCESS ARE ALSO AVAILABLE.

Minutes of the Waterford Township Board Meeting, held November 13, 2002 at
6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan.

PRESENT:
Carl W. Solden, Supervisor
Betty Fortino, Clerk
Dee Minton, Treasurer
Todd A. Fox, Trustee
David J. Maloney, Trustee
Bette O’Shea, Trustee

ABSENT:
Paul Deni, Trustee

OTHERS PRESENT:
Dale LaCroix             Joe Tyree                 Dennis Ritter         Liz Sorles
Rich Marr                    Robert Sharrard     Amy Ulhaq

Supervisor Solden called the meeting to order at 6:30 PM. Supervisor Solden asked for a moment of silence as no minister was present, and then led the Pledge of Allegiance.

Moved by O’Shea,
Supported by Fox, RESOLVED, to approve the agenda with the following additions: Under Old Business, add #4, Approval of Class B Hotel License, Concorde Inn, 7076 Highland. Under New Business, add #5, Approval of Going Out of Business License, All Season’s Spa, Highland Road.

Motion carried unanimously.

Moved by Minton,
Supported by Fox, RESOLVED, to approve the October 28, 2002 minutes and the November 7, 2002 Special meeting minutes as printed.

Motion carried unanimously.

Moved by O’Shea,
Supported by Fox, RESOLVED, to approve the payment of the bills for November 13, 2002. A list of bills is attached to these minutes.

Motion carried unanimously.

Supervisor Solden made the following announcements:

Township offices will be closed for Thanksgiving holiday Nov 28 & 29, 2002
Public Hearing Tuesday, November 26, 2002 for final draft of Master Plan

A presentation of future plans was given by the Summit Place Mall management.

The following report was presented:
Police Dept, May thru September, 2002

Moved by Fortino,
Supported by Fox, RESOLVED, to receive the foregoing report.

Motion carried unanimously.

A Public Hearing had been scheduled for Dangerous Building Case #02-103, 2546 Pontiac Lake Road. Supervisor Solden opened the hearing at 6:58 PM and closed it at 6:58 PM.

Moved by Fortino,
Supported by Minton, RESOLVED, to approve a thirty-day grace period to allow the property owner to demolish the property of (Dangerous Building Case #02-103), 2546 Pontiac Lake Road. If no action is taken, Township will solicit bids.

Motion carried unanimously.

Township Attorney Peter Donlin introduced an amendment to the Code of Ordinances for First Introduction at the October 28, 2002 meeting. The Michigan Vehicle Code, which will replace sections of the Uniform Traffic Code upon adoption, follows here.

It is ordained that Chapter 16, "Traffic and Motor Vehicles", Article I, of the Code of Ordinances be amended to read as follows:

ARTICLE I: Michigan Vehicle Code
Sec. 16-1. Purpose

The purpose of this Article is to adopt, by reference, applicable portions of the Michigan Vehicle Code (Act Number 300 of the Public Acts of 1949, as amended) as the basic Traffic Enforcement Code of the Township. Statutory citations referenced herein shall refer to Michigan Compiled Law Citations and Sections.

Specifically excepted from this adoption by reference are any Sections for which the maximum period of imprisonment is greater than 93 days, nothing herein to the contrary withstanding.

The words and phrases used as Section Headings are not considered as a portion of the Section adopted, merely as a catch phrase for reference.

It is not the intention to adopt the Sections of the Vehicle Code, which refer to Administration, Licensing, Registration and the like. Therefore, only the Chapters of the Code are adopted which set forth the Traffic Laws surrounding the operation of vehicles on the streets and roadways.

Section 16.2. Vehicle Code, Adoption by Reference

The following Chapters, and corresponding Sections, of the Michigan Vehicle Code, Act Number 300 of the Public Acts of 1949, as Amended, are adopted by reference:

Chapter 1 Words and Phrases Defined (257.1 to 257.82)

Chapter 2 - Unregistered Vehicle (257.215)

- Display of Registration Plates (257.225)
- Motor Vehicle Registration of Plates (257.255)
- Improper Use of Registration Certificate (257.256)

Chapter 3 - Operator’s License; Display (257.311)

- Restricted License (257.312)
- Commercial Vehicle Operation; Alcohol (257.319)
- Failure to Answer Court Citation (257.321A)
- License, Unlawful use or Alteration (257.324)
- Allowing Minor to Operate (257.325)
- Operation in Violation of Act (257.326)
- Unlicensed Chauffeur (257.327)
- Proof of Insurance (257.328)

Chapter VI - Obedience to Traffic Laws (257.601 through 257.750)

Chapter VIII - Penalties (257.901 through 257.910)

Michigan Vehicle Code amendment continued:

Section 16-3. Prior Offenses or Rights Unaffected

Nothing in this Amendment or the ordinance adopting this Amendment shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any right established or accruing before the effect date hereof.

Section 16-4. Repealer

The provisions of the former Sections 16.1 through 16.11 are hereby repealed. All other provisions of the Code of Ordinances inconsistent with the provisions of the Michigan Vehicle Code are hereby repealed except that Uniform Traffic Code adopted in Sections 16-26, and the Local Amendments in Section 16-28 shall remain in full force and effect to the extent such provisions are not inconsistent with the Michigan Vehicle Code. Section 16-29 and Section 16-30 of the Code of Ordinances are repealed.

Moved by O’Shea,
Supported by Fox, RESOLVED, to approve the foregoing amendment to the Code of Ordinances, Michigan Vehicle Code, for Final Adoption, and direct the Clerk to publish it in the newspaper.

Motion carried unanimously.

Community Planning and Development Director Bob Vallina presented the following:

In order to comply with state law, the Planning Commission, at their October 22, 2002 meeting, voted to send a recommendation for approval of an amendment to the Code of Ordinances Township Board. This text amendment, Open Space Preservation, was first introduced at the October 28, 2002 meeting and subsequently published.

TEXT AMENDMENT TO ZONING ORDINANCE

[Open Space Preservation]

AN ORDINANCE TO AMEND WATERFORD TOWNSHIP

ORDINANCE NO. 135, THE "ZONING ORDINANCE", ARTICLE XXV,

BY ADDING A NEW SECTION 2544 TO PROVIDE THE OPTION FOR

DEVELOPERS TO DEVELOP CERTAIN RESIDENTIAL

PROPERTY WITH 50% OF OPEN SPACE IN ORDER TO

COMPLY WITH THE MANDATES PROVIDED IN ACT 177 OF

THE PUBLIC ACTS OF 2001.

THE CHARTER TOWNSHIP OF WATERFORD ORDAINS:
Section 1 of Ordinance

The Zoning Ordinance shall be amended by adding a new section 2544 of Article XXV, reading as follows:

A. Intent and Purpose

The intent of this Ordinance is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas in accordance with Act

177 of the Public Acts of 2001.

B. Eligibility Requirements

This Ordinance shall be applicable to residential properties zoned S-F, Suburban Farm District if such properties are served by municipal sewers, and to properties zoned S-F, Suburban Farm District if the properties are not served by municipal sewers. The provisions in this Section shall supplement the existing regulations applicable within the referenced zoning districts in the event a developer or owner of property elects to submit its proposed development under the open space preservation option provided in this Section.

C. Open Space Preservation Option

Property meeting the eligibility requirements of this Section may be developed, at the owner’s option, with the same number of dwelling units on a portion of the land as specified herein that, as determined by the approving body, could have otherwise been developed on the same land under current ordinances, laws and rules, subject to and in accordance with the regulations of this Section.

D. Density Calculation

The density of dwelling units shall not exceed the density customarily developable in the zoning district in which the proposed development is located, developed with a conventional layout and with all applicable laws and ordinances being observed.

A parallel plan shall be submitted to the approving body in order to establish the maximum permitted density. The parallel plan shall identify how a parcel could be developed under the conventional standards of the specific zoning district in which the property is situated (without application of this section), and the requirements of all other applicable State and municipal regulations and standards. The parallel plan shall provide lots with building envelopes of sufficient size, taking into consideration sanitary sewage disposal capacity (only on property where there is a question of soil capacity will it be necessary to undertake actual soil analysis or County review), topography, easements or encumbrances, drainage retention/detention areas, along with all necessary roads and road-related improvements, without impacting natural areas and features required to be preserved under applicable law
and ordinance. All unbuildable areas and areas with limitations to development must be accurately identified on the parallel plan, including, but not limited to, wetlands, watercourses, drains, floodplains, steep slopes, woodlands and similar features. It is not the intent of this provision to generally require detailed engineering in the preparation of this plan, however, it must be a realistic plan of development, taking into consideration the actual assets and constraints of the property.

The approving body shall make the determination that a parallel plan is acceptable once it meets all applicable Township ordinance requirements and, based on the parallel plan, determine the number of units permitted under the open space preservation option provided in this Section.

E. Design and Application Requirements

The following design and application requirements shall apply to a proposed open space development under this Section. The design requirements shall be incorporated into a preliminary plat, if the land is proposed to be developed as a subdivision under the Land Division Act, and otherwise incorporated into a site plan in accordance with the requirements of this Ordinance.

1. A minimum of 50% of the gross site area shall be preserved as permanent open space in an undeveloped state in the manner set forth in Section F., below.

2. Permanent open space shall include the site’s most significant natural, environmental, agricultural and/or cultural features, including, but not limited to the following; however, in an open space development under this Section, an "undeveloped state" shall not include a golf course:

a. Wetlands, floodplains, and natural watercourses;

b. Woodlands;

c. Scenic views;

d. Historical structures;

e. Recreational pathways and other permitted recreational facilities;

f. Buffers from major thoroughfares and more intense land uses; and

g. Similar features acceptable to the approving body.

3. The applicant for an open space development shall be entitled to an approval under this Section; provided, the following aspects of the proposed development plan shall be reviewed following a public hearing for discretionary approval by the approving body:

The area and width of the resulting individual lots and building setback requirements under the open space preservation option shall be reasonable and rationally related to the type of development proposed and shall comply with the standards, requirements and intent of the specific zoning district in which the proposed development is located to the maximum extent feasible.

Factors to be considered in determining the reasonableness of the area, width and setback requirements shall include the amount of open space, the density as determined by the approving body under the parallel plan, and the required setbacks, minimum lot width, and maximum lot coverage for the particular zoning district. Final area, width and setback requirements under the open space preservation option plan shall be approved by the approving body, in the manner set forth in Section G., below.

Lot layout and configuration shall result in lots or units feasible for development and use of residences, and in the maintenance of a reasonable buffer between an open space development hereunder and adjacent public thoroughfares and other land which is developed, or may be developed for non-cluster residential development. Each lot or unit shall be depicted on the plan with a proposed building envelope, in which a proposed residence may be constructed and used, including all likely improvements, without the necessity of the grant of a variance by the Zoning Board of Appeals.

4. Open space areas shall be accessible to all lots in the development, either directly from the internal road network or, if approved in the discretion of the approving body, directly from another manner of access providing perpetually existing and maintained pedestrian accessibility to all lots.

5. Preserved open space shall be connected with adjacent open space, public land, and existing or planned safety paths, where feasible, as determined by the approving body.

6. Approval of an open space option development does not constitute a change in the zoning of the property, and, except as specifically provided in this section, all other regulations applicable within the zoning district of the property and development shall apply.

7. Restrictions.

Nothing in this section shall allow the construction of multi-family residential units in a single-family residential district.

Nothing in this section shall allow a development to result in the creation of a nuisance or a danger or hazard to the health, safety and welfare of any person or property.

The development shall not result in an unreasonable burden upon public services and/or facilities, taking into consideration the capacity and availability, considering the existing and anticipated future use of such services and facilities.

The development shall be designed to avoid an unreasonable burden upon the subject and/or surrounding properties, taking into consideration economic, aesthetic, traffic, noise and other applicable and relevant planning and/or engineering considerations.

e. Any development proposed utilizing the open space preservation option provided in this section shall, to the greatest extent feasible while remaining consistent with the requirements of Public Act 177 of 2001, comply with all zoning regulations and design standards applicable to the property.

F. Open Space Maintenance and Preservation

1. All open space shall remain perpetually in an undeveloped state by means of a conservation easement to be recorded with the Oakland County Register of Deeds. All such conservation easements shall clarify ownership, access/use rights, and perpetual maintenance, and shall be approved by the approving body prior to final approval of the development, and shall be received and approved as to substance and form by the Township attorney prior to acceptance by the approving body.

2. Nothing in this section shall be construed to require the property owner to convey fee title ownership of the open space to the public.

G. Review Process

1. All proposed open space preservation option developments shall be submitted and reviewed in accordance with the procedure applicable under this ordinance to the type of development being proposed (i.e., subdivision, condominium, site condominiums, etc.) and in accordance with the development standards in this section and other applicable ordinances. The "approving body", as referenced in this section, shall mean the body designated in this ordinance as having the authority to grant final plan approval to the proposed development.

2. In addition to all other submittals and information required under this ordinance, all open space preservation option plans submitted to the Township shall include a resource inventory that contains the following:

a. All floodplains, wetlands, and bodies of water;

b. A woodlands analysis identifying all regulated woodlands;

c. All wildlife habitat areas;

d. An analysis of on-site soils and topography to identify limitations to development; and

e. An analysis of the cultural features of the site, including but not limited to, scenic views, historic structures, patterns of original farm fields, fences or stone walls, and recreational uses.

H. Definitions

The definitions set forth in Act 177 of the Public Acts of 2001 shall be incorporated, and considered a part of, this Section.

Section 2 of Ordinance

All of the regulations of the Zoning Ordinance shall remain in effect, amended only as provided above.

Any and all criminal or civil proceedings initiated by the Township and pending, and all vested rights on the effective date of this Ordinance, are saved and may be consummated according to the law and ordinance enforced at the time they were commenced.

Section 4 of Ordinance

The effective date of this Ordinance shall depend on whether the ordinance is requested to be submitted to the Township electors for approval. A notice of intent to make such a request must be submitted within seven (7) days of publication of the ordinance. If such a notice has not been timely submitted, this ordinance shall take effect on the eighth day following publication. If a notice of intent is timely filed, a petition requesting the submission of this ordinance to the Township electors must be filed within thirty (30) days of publication of the ordinance. If such a petition has not been timely filed, this ordinance shall take effect on the 31st day following publication. If such a petition has been timely filed, this ordinance shall take effect immediately upon the final determination by the Township Clerk that a majority of the registered electors in the Township have voted to approve it.

A petition requesting submission of this ordinance to a vote of the electors must be signed by a number of registered Township electors equal to not less than 15% of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.)

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Waterford qualified under State Law to publish legal notices and shall become effective upon publication, as provided by law.

Moved by O’Shea,
Supported by Deni, RESOLVED, to approve the foregoing text amendment to Ordinance No. 135, Section 2544, Open Space Preservation, for Final Adoption, and direct the Clerk to publish it in the newspaper.

Motion carried unanimously.

The Clerk had received a request from the Michigan Liquor Control Commission for the approval of a new B-Hotel license, to be located at 7076 Highland Road, VVS, Inc. The Board had approved a Class C license for this business at the October 28, 2002 meeting. The B-Hotel license would replace the Class C, which would remain with the Township.

Moved by Fortino,
Supported by Maloney, RESOLVED, that the request from VVS, Inc. for a new full year B-Hotel license to be located at 7076 Highland Road, Waterford, Michigan 48327, Oakland County, be recommended above all others.

Motion carried unanimously.

A Public Hearing was scheduled for a Local Law Enforcement Block Grant. The hearing was opened at 7:03 PM and closed at 7:07 PM. Deputy Police Chief Dale LaCroix explained that the funds received would be used for new fingerprint fuming hood, $10,000; lap top computers, $10,000; night vision equipment, $5,000. No action was needed.

Cable Coordinator Janet Christian had requested the Board consider reappointing Mark Conner, Michael Dengate and Craig Granger to the Cable Commission.

Moved by Fortino,
Supported by Minton, RESOLVED, to approve the reappointments of Mark Conner, Michael Dengate and Craig Granger to the Cable Commission, terms to expire 12/31/05.

Motion carried unanimously.

The Michigan Department of Transportation requires approval by the Board for an annual permit for work on state highways.

Moved by Fortino,
Supported by Fox, RESOLVED, to approve the annual permit for work on state highways and to direct the Clerk to send the appropriate paperwork to MDOT.

Motion carried unanimously.

Michigan Department of Transportation also requires a performance and Indemnification resolution for all state highway work. This resolution authorizes individuals to sign permits.

Moved by O’Shea,
Supported by Fox, RESOLVED, to authorize Betty Fortino, Clerk, Terry Biederman, DPW Director, and Tom Coburn, DPW Superintendent, to sign MDOT permits.

Motion carried unanimously.

The Clerk had received a Going Out of Business License request from All Seasons Spa. All requirements had been met.

Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve a Going Out of Business License for All Seasons Spa, 6650 Highland Road, for thirty days, with possible renewal(s) of 60 days.

Motion carried unanimously.

Moved by Fox,
Supported by O’Shea, RESOLVED, to adjourn the meeting at 7:10 PM.

Motion carried unanimously.

__________________________
Betty Fortino, Clerk

___________________________
Carl W. Solden, Supervisor