REGULAR COUNCIL MEETING
MILFORD CIVIC CENTER
President Rusas called the meeting to order in the Milford Civic Center at 7:30 p.m. President Rusas led the Pledge of Allegiance.
PRESENT President Theresa Rusas; Councilmembers Jerry Aubry, Jennifer Frankford, Michael Glagola, Elizabeth Heer, James Kovach, Kevin Ziegler
ALSO PRESENT Gary Goodenow and Karen Worrell, P.C.; Ann Barnette, DDA; Tom Connelly, Legal Counsel; Arthur Shufflebarger, Village Manager
APPROVE CONSENT AGENDA
CM-10-155-09 Heer moved, Glagola seconded, to approve the October 5, 2009, consent agenda. Motion CARRIED.
Minutes of the Regular Council Meeting of September 21, 2009
Council Approval Payroll 09/29/09
Set Halloween Hours
Transfers and Disbursements
| General Fund |
$44,619.91 |
| Major Street Fund |
5,879.79 |
| Local Street Fund |
4,226.84 |
| Police Fund |
56,047.66 |
| Downtown Development Authority |
41,481.95 |
| Forfeiture Fund |
1,621.67 |
| Senior Citizens |
3,850.04 |
| Water/Wastewater Fund |
25,608.00 |
| Escrow Fund |
2,828.95 |
| Total |
$186,174.81 |
APPROVE REGULAR AGENDA
CM-10-156-09 Heer moved, Glagola seconded, to approve the October 5, 2009, regular agenda. Motion CARRIED.
PUBLIC HEARING
Consider Location Request from Friends of Milford Skate Park
CM-10-157-09 Heer moved, Kovach seconded, to open the Public Hearing at 7:32 p.m. to consider location request from Friends of Milford Skate Park. Motion CARRIED.
Ric Mueller, 808 Old Milford Farms Dr., Chairman of the Friends of Milford Skate Park presented Council with a proposal for the Milford Skate Park to be placed on HCMA property on G.M. Road next to the Milford Trail. The skate park will be a concrete park with separate pods for different levels of experience. Conceptual drawing No. 1, which would require approximately 15,000 sq. ft., was the design FoMSP hoped to implement. Mr. Mueller stated there will be a meeting on October 15 to go over the first preliminary designs.
Gary Goodenow, P.C., felt the Planning Commission should have been consulted prior to Council’s approval. He asked Council to table discussion until the Planning Commission had a chance to review concept.
Larry Hewitt, 883 GM Rd., expressed concerns with the high traffic area for the trail and pedestrians. He felt the skate park would negatively impact the trail.
Lee Mueller, 808 Old Milford Farms, stated delaying the decision for the location would be detrimental to the planning stages and grant preparation.
CM-10-158-09 Kovach moved, Heer seconded, to close the Public Hearing at 7:55 p.m. Motion CARRIED.
NEW BUSINESS
Appoint President Pro-Tem
CM-10-159-09 Kovach moved, Aubry seconded, to appoint Michael Glagola as Council President Pro-Tem. Motion CARRIED
Approve Milford Skatepark Location Request
CM-10-160-09 Kovach moved, Ziegler seconded to approve the concept of FoMSP for use of park site at General Motors Road, and direct administration to work with the group to finalize a use agreement, location on site, size and amenities. Motion CARRIED.
Council felt this was a valid use for the area. Administration would work out details and location size and movement if necessary. Mr. Shufflebarger stated the traffic issues could be addressed during final planning. Council reassured the Planning Commission this was an approval of the concept only, not the final approval of a site plan.
Consider Adoption of Ordinance No. 231-134, Recreational Vehicles
CM-10-161-09 Kovach moved, Glagola seconded to adopt Ordinance No 231-134, Recreational Vehicles.
Discussion: Glagola questioned changing the ordinance to satisfy 2 percent of the population of the Village and the use of the recreational vehicle as a dwelling. He also felt there should be clarification in the definition of a recreational vehicle.
It was noted that Figure 2 in the Ordinance was incorrect. This would be changed in-house.
Mr. Goodenow reiterated that the ordinance revision started through a request from Administration due to approximately 50 violations noted several years back. It was recognized by all that no ordinance was going to satisfy everyone.
Ann Barnette, 205 East St., stated the current ordinance has been in existence since at least 1987. She realizes the P.C. has worked hard, but felt the Public Hearings were one-sided because RV owners were “invited” to these meetings. She felt 97 percent of the population lived in the Village with the original assurance that RV storage would be restricted. She did not agree with allowing parking of RV’s in the front or side yards.
Mr. Shufflebarger emphasized the ordinance was being revisited to also assure it was representing the character of the community; the original ordinance being considered too restrictive with what the community wanted.
Residents from Mill Point and Eagle Nest Dr. felt allowing RV’s to park in driveways would lower the value/standards of homes and neighborhoods in the Village. They were against relaxing the current ordinance.
Judy Paul, 778 Byron Ct., was in favor of the revised ordinance. She currently has an RV parked in her side yard, and has had no problems with her neighbors. She felt residents should be able to use their property as they choose.
Aubry and Glagola were not in favor of the language allowing the use of RV’s as temporary dwellings and the ability to park in the front yard. Frankford felt there were too many loopholes and was not in favor of the new ordinance as it read. Ziegler felt the old ordinance was adequate and did not need revised.
Heer felt the revised ordinance was more specific, she liked the way it was written. She felt the ordinance needed to be realistic and enforceable.
Kovach also felt RV’s should not be parked in the front yard and offered an amendment to his motion.
CM-10-162-09 Kovach moved, Glagola seconded to amend motion CM-10-161-09 deleting Section 1, (d), 3) regarding parking of RV’s in front yards. Motion Unanimously FAILED.
Mr. Shufflebarger recommended sending ordinance back to Planning Commission removing Section 1, (d), 3) and fixing any discrepancies making reference to front yard storage. Council discussed the temporary dwelling issue and felt 30 days was too long. A recommendation was made to change this to 5-7 days.
CM-10-163-09 Ziegler moved, Frankford seconded to stay with the old ordinance.
Roll Call Vote:
Ayes: Ziegler, Glagola, Frankford
Nays: Kovach, Rusas, Heer, Aubry
Motion FAILED.
CM-10-164-09 Heer moved to except current ordinance with the exception of Section 3.a. to read “one recreational vehicle may be stored in a side yard from May 15 – September 15 during any calendar year”, and Section 3.e. Use as Temporary Dwelling, part 1 “recreational vehicle may used as a temporary dwelling up to 7 days with a permit”. DIES FOR LACK OF SUPPORT
Because these changes make the ordinance more restrictive, the ordinance would need to go back to the Planning Commission. Glagola questioned whether there would be a safety issue if a recreational vehicle is parked close to a building and is used as a dwelling.
CM-10-165-09 Kovach moved, Heer seconded to send ordinance back to Planning Commission with suggestion to remove Section 1, (d), 3) and any reference to front yard storage and amend Section 1 (e), (1) Use of Temporary Dwelling, changing 30 days to 7 days with a permit from the Zoning Administrator.
Roll Call Vote:
Ayes: Kovach, Heer, Glagola, Rusas
Nays: Aubry, Ziegler, Frankford
Motion CARRIED.
Introduce Ordinance No. 231-139, Zoning, Definitions
CM-10-166-09 Kovach moved, Aubry seconded to introduce Ordinance No. 231-139, Zoning, Definitions, Carports. Motion CARRIED.
Introduce Ordinance No. 231-138, Cash Bonds, Deposits and Earned Interest
CM-10-167-09 Kovach moved, Heer seconded to introduce Ordinance No. 231-138, Cash Bonds, Deposits and Earned Interest. Motion CARRIED.
Accept Bid for Cleaning Well No. 1
CM-10-168-09 Kovach moved, Heer seconded to waive normal bidding process requirements and approve the expenditure of not to exceed $15,000.00 for Peerless Midwest, Inc., the Village well and pump contractor, to perform a complete chemical cleaning of Well No. 1 to keep the Village of Milford’s water system running efficiently. Motion CARRIED
Adopt Green Resolution
CM-10-169-09 Heer moved, Glagola seconded to adopt the Green Communities Challenge Resolution No. 09-011. Motion CARRIED.
WHEREAS, The Village of Milford wants to emphasize the benefits of energy efficiency and conservation; and
The Village of Milford wants to demonstrate that energy efficiency and conservation practices can be applied to the daily governmental operations and to infrastructure projects; and
The Village of Milford seeks to find methods of service delivery and operations that conserve energy and resources, saving taxpayer dollars and protecting and preserving the environment; and
The Village of Milford recognizes that sound energy efficiency and conservation practices can reduce government costs over the long term; and
The Village of Milford will lead by example to show the practicality and effectiveness of these practices; and
The Village of Milford seeks to encourage its citizens and businesses to initiate stewardship activities that benefit the environment and their community;
ACCORDINGLY, IT IS RESOLVED THAT the Village of Milford accepts the Michigan Green Communities Challenge and pledges to work toward achieving the goals of the Basic Challenge of the next three years.
Consider Police Department Prisoner Holding Agreement
CM-10-170-09 Glagola moved, Heer seconded to approve the Police Department prisoner holding agreement with the City of Walled Lake. Motion CARRIED.
There will be a charge for the services to cover any expenses.
CALL TO THE PUBLIC
Rusas asked if there was anyone who wished to address Council on an item that was not on the agenda.
Mr. Harris asked the status of the retaining wall in his backyard. Mr. Shufflebarger stated Randy Sapelak met with the bank Manager. A contractor has created an estimate for the work to be done. Mr. Shufflebarger stated work is expected to be done within the next two weeks.
Mr. Harris, Marlene St. presented a sign to Council that was placed in the Village right-of-way. Holly Brandt, Milford Township, stated several people were placing signs for the Community Picnic. She stated she would make sure that future signage for their organization was not placed in Village right-of-way.
Angel Pronger, 1021 Atlantic, presented Council with a letter from residents on Atlantic St. regarding sidewalks and requested they be placed on the next agenda.
MANAGER’S REPORT
Mr. Shufflebarger stated the Council meeting for November 2, 2009 will be held in the Police Department conference room.
Mr. Shufflebarger stated he met with the resident at 144 Marlene St. who had tall plantings in the Village of right-of-way. The resident, Lewis Tripp, has agreed to cut the plants in the right-of-way. Mr. Tripp was present and explained the varieties of plants he was growing in his yard. He added that none of his plantings were weeds.
COUNCILMEMBER REMARKS
ADJOURN
The meeting was adjourned at 9:45 p.m.
Deborah S. Frazer, Clerk
Village of Milford | 
