ANN ARBOR CHARTER TOWNSHIP
BOARD OF TRUSTEES MEETING
MONDAY, FEBRUARY 18, 2002

The regular monthly meeting of the Ann Arbor Charter Township Board of Trustees was called order by Supervisor Langford at 7:30 p.m. at the Township Hall, 3792 Pontiac Trail, Ann Arbor, Michigan 48105.

Present: Supervisor Elizabeth Langford, Treasurer Virginia Forshee, Trustees Della DiPietro, Richard Dieterle, Michael Moran. Also present Attorney Sandra Sorini, Engineers Roger Gaugler, November Fleece, Zoning Administrator Gary Dresselhouse, Fire Chief Rick Ericson, and Utilities Maintenance Superintendent Rick Judkins.
Absent: Clerk Catherine Braun and Trustee John Allison.

During Public Comment K. Srinivasan addressed the Board reiterating his position that his easement rights are not being considered by DF Land Development, that DF Land Development has refused to relocate golf holes No. 3 and No. 8 and that the Srinivasans have appealed the MDEQ wetland permit through their attorneys Olson and Bzdok. Attorney Sorini stated there was no legal stay of the Wetland Permit but the petitioner will have to comply with all MDEQ requirements, which is one of the conditions of approval of the CUP.

Moran moved approval of the January minutes subject to administrative clarification to the golf course Resolution regarding tree removal, Single Family residence requirement for existing houses and definition of "major rainfall". Dieterle supported and the motion carried 5-0.

DiPietro moved approval of the annexation release of Food Gatherers, 1731 DhuVarren Road, to the City of Ann Arbor to permit the development of a non-profit multi use development requiring municipal water and sewer. (Tax parcel 09-09-475-003) Moran supported and the motion carried 5-0.

Moran moved approval of the second reading of the Amendment to Dilapidated Building Ordinance incorporating the State Dangerous Buildings Act. Dieterle supported. Roll Call:
Ayes: DiPietro, Forshee, Langford, Moran, Dieterle.
Nays: None
Absent: Allison, Braun

Moran moved approval of the second reading of the Ordinance to recover Township Expenses for enforcement of Ordinances. Dieterle supported. Roll Call:
Ayes: Dieterle, Moran, Langford, Forshee, DiPietro
Nays: None
Absent: Allison, Braun

Attorney Tom Stephens representing the Srinivasans addressed the list of their concerns regarding the Conditional Use Permit Resolution and proposed Agreement and the contested case proceeding filed with the MDEQ, stating that while the appeal is proceeding the Township Wetland Permit should be held in abeyance.

DiPietro moved approval of the Ave Maria International Golf Club Conditional Use Permit Agreement. Subject to clarification of conditions # 2, #3, # 8 and # 15 regarding tree removal, # 23 - line 4, Single Family Residential and Attachment 1, definition of major rainfall by HVWC. Moran supported and stated that these changes should also be included in the Resolution which
is to be attached to the January minutes and was not included in the packets. Motion carried 5-0.

Approval of the PUD Agreement for Burns Ridge was deferred until the March meeting at the request of Connie Brown on behalf of the petitioner, who stated that the owners were both out of town and did not have the opportunity to review the Agreement.

DiPietro moved approval of the PUD Agreement for the Mother House. Moran supported and motion carried 5-0.

Susan Lackey, President of the Washtenaw Development Council presented the Council's plan for their five-year funding plan beginning with the current fiscal year. Moran moved approval of the annual request for $4,000. DiPietro supported and the motion carried 5-0.

Al Aceves of Deloitte & Touche presented a request for a personal property tax abatement for
AW Technical Center located at 1203 Woodridge in the Township's Research Park. Moran moved to set a public hearing for March 18, 2002. DiPietro supported and the motion carried 5-0
Discussion of the revised fee schedule followed. Sorini stated that the Township is allowed to have a written policy to establish escrow accounts with criteria for establishing the policy. This is especially important for large projects and that she and Controller Love are working out the details. She also stated that attorney and consultant fees should be included and that the Township is allowed to charge interest and late fees that remain unpaid. Moran added that he favors escrow accounts. He stated that escrow accounts might be needed for rezoning to any non-residential use as well as PUDs and Site Condos. Any escrow amounts not used would be refunded. Dresselhouse stated that fees for shared driveways and division and/or combining land should both have an increase in fee amounts. The Board approved $95 for review of shared driveways and $75 for land division/combining. In addition, the annual fee for renewal of a junk yard license was set at $400. The schedule will be approved pending these and other possible changes. Moran moved to table, seconded by DiPietro and passed 5-0.

Monic and Michael Strother presented a petition for a Small Wine Maker license which was tabled at the January meeting for a ruling on whether this could be a Home Occupation. Zoning

Administrator Dresselhouse ruled that wine making with a tasting room for the sale of wines is not a home occupation and does not fit into an R-2 zoning. He also stated that the part of the house under consideration is not finished and that the house has been under construction since 1986 and has never had a Certificate of Occupancy and is still not completed. Mr. Strother replied that the house was always planned to be built in 3 phases. Dresselhouse stated that the policing of the wine making, tasting and sale would be very difficult to police and it would take place at night and on weekends. Dresselhouse was asked to put his decision on home occupation in writing citing the relevant sections of the ordinance. The Strothers were told that they can appeal the ruling to the ZBA or seek rezoning.

Rick Judkins presented his quotations for brush removal and mowing of utility easements to gain access for maintenance of the lines and manholes and also the new requirement of public notification of sewer back-up liability to comply with recently enacted law. Sorini will draft a formal notice. Discussion with regard to the utility easements resulted in granting conditional approval for the bid presented by LaMont Brothers Tree Service, Inc. ($48,750) who will cut and stack rather than shredding and blowing chips as proposed by Urban Foresters, Inc. (($66,500).
Judkins was asked to consult with Gene Jaworski for an opinion on environmental impact of either method. Moran moved conditional approval, pending Jaworski's opinion, of the LaMont
Brothers bid. Seconded by DiPietro and passed 5-0.

DiPietro moved to appoint Judkins as the designated person to receive complaints on sewer overflow damage. Sorini will provide the Board with information on the notices required by the new state law and the Board discussed possible methods of providing notice. Moran seconded and the motion carried 5-0.

Moran moved approval of February 3, 2002 claims listings in amount $191,580.30 and February 13, 2002 in amount $127,920.54. DiPietro supported and the motion carried 5-0.

Chief Ericson reported on the automatic mutual aid agreement between all departments in the county for structure fires and addressed his Fire Department comparison chart of surrounding Township He stated that the statistics supplied to him do not reflect a true picture because it is not possible to obtain a report that reflects the same basis comparison, i.e., Ann Arbor Township does not have the socio-economic standards needed to recruit on call fire fighters from within the Township. The Township on call fire fighters live elsewhere and are transitional rather than relatively permanent as is true in other townships. Therefore a larger full time fire fighter complement is required to assure that someone is always on duty to respond.

Bruce Benz presented two petitions from residents of DhuVarren Road. One is for resurfacing of DhuVarren Road and DhuVarren Court, which has not been done since 1995. He was told that this project is on the list for consideration for 2002 road maintenance. The other petition relates to the ongoing relationship with the Detroit Edison Company and their placement of utility poles
in the DhuVarren Road ROW using the statutory right without permission from the Township.

He stated that when the Edison Company wanted to make improvements to their system by increasing the size of the poles an agreement was reached with the protesting residents that they would make the improvements "like for like". With other changes they agreed to come to the Township for a permit. Then the cable companies attached to the poles which, in the view of the neighbors, violated the agreement. Benz wants the cable buried and the neighbors want the Township to help them enforce the agreement. Benz recommends that the Township pass an ordinance requiring permits from utilities and one to enable the Zoning Official to enforce it. He asked the Board to support the Supervisor to write a letter to the Edison Company stating the Township wants the agreement enforced. He asked for a ruling by the Township Counsel on whether the Township has a right to enforce the Edison agreement. Sorini stated that the Comcast franchise renewal is up for consideration this year and the terms of the new franchise can clarify the issue of prior written permission for construction in the right-of- way.

Benz stated that Pittsfield requires all utilities underground. Gaugler stated that this applies in all new subdivisions and does not apply to section line roads. Whitmore Lake Road is a section line road and where Ameritech has been working without a Township permit.

Moran reported on the Planning Commission meeting.

Under non-agenda items DiPietro moved to refer to the Planning Commission revision of the Ordinances on amendment procedures limiting time frames for project approvals. Moran supported and the motion carried 5-0.

Dieterle requested the Township pay for up to four members of the Farmland Preservation Committee to participate in the Ultimate Farm Tour in 2002. The cost per person is $485. Otto Moehrle has expressed desire to join the Tour. Moran moved to authorize the expenditure of $1940 for this event. Dieterle supported and the motion carried 5-0

There was no comment from the public and the meeting adjourned at 10:15 p.m.

Recorded by Elizabeth Langford

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