| VIENNA TOWNSHIP BOARD MEETING | proposed | |||||||||
| MONDAY, JUNE 20 2005, 5:30 P.M. | ||||||||||
| RICHARD E. SCOTT, CLERK | ||||||||||
| Roll Call: | Present: | Supervisor McKerchie, Clerk Scott, Treasurer Luttenbacher | ||||||||
| Trustees: Fuller, Ridley, Taylor | ||||||||||
| Absent: | Zinn | |||||||||
| Minutes: | Moved by Ridley, seconded by Luttenbacher to approve the June 6, 2005 minutes. | |||||||||
| All in favor | ||||||||||
| Treasurer's Report: | Luttenbacher presented the May, 2005 report. | |||||||||
| Building Report: | Palmer presented the May, 2005 report. | |||||||||
| Bills: | Bills in the amount of $75,951.60 were presented. Moved by Luttenbacher, seconded by | |||||||||
| Ridley to approve the bills. | ||||||||||
| ROLL CALL: | Yeas - McKerchie, Scott, Luttenbacher, Fuller, Ridley, Taylor | |||||||||
| Nays - None | Motion passed | |||||||||
| Metropolitan Report: | Mark Corba presented the report. | |||||||||
| Fire Authority Report: | Luttenbacher presented the report. | |||||||||
| Senior Center: | Ridley stated that the plans for the Senior Center is $500,000.00 over budget. | |||||||||
| Supervisors Report: | McKerchie stated that the watermain line on Linden Road by Edgerton School should | |||||||||
| start this fall. Vienna is working with Mt. Morris Twp. on a paving project for Frances Rd. | ||||||||||
| Correspondence: | Scott read a letter from Todd Bixby, 4494 Marcy Court, asking any members of the Town- | |||||||||
| ship Board who own property, a business, or who have any interest in any business or | ||||||||||
| property within a 1 mile radius of the proposed Wal-Mart site to refrain from casting a vote | ||||||||||
| for either re-zoning or the requested PUD, as it may represent a conflict of interest. | ||||||||||
| NEW BUSINESS: | ||||||||||
| 1. | L. Walther & Sons, repeal of PA116, Resolution No. 06-20-05-76. Moved by Luttenbacher, | |||||||||
| seconded by Ridley to approve the resolution. | ||||||||||
| ROLL CALL: | Yeas - Luttenbacher, Ridley, McKerchie, Fuller, Taylor, Scott | |||||||||
| Nays: None | Motion passed | |||||||||
| 2. | Proposed Parking Regulations Ordinance, first reading. Moved by Luttenbacher, seconded | |||||||||
| by Scott to suspend from the reading. | All in favor | |||||||||
| 3. | West Vienna Cemetery property purchase. Moved by Scott, seconded by Taylor to | |||||||||
| purchase an easement and 33 feet of property from West Vienna Church at the cost of | ||||||||||
| one dollar ($1.00). | ||||||||||
| ROLL CALL: | Yeas - Ridley, McKerchie, Fuller, Taylor, Scott, Luttenbacher | |||||||||
| Nays - None | Motion passed | |||||||||
| 4. | Wal-Mart, approval of PUD (Planned Unit Development). Moved by Luttenbacher, seconded | |||||||||
| by Scott that: | ||||||||||
| The Township Board has received the Report and Recommendation of the | ||||||||||
| Planning Commission that the PUD proposed by Wal-Mart meets or exceeds the qualifica- | ||||||||||
| tions of the Township Zoning Ordinance, Section 2310, and adherers to the conditions for | ||||||||||
| qualification of the PUD option of the Township Zoning Ordinance, and promotes the land | ||||||||||
| use goals and objectives of the Township. | ||||||||||
| The Township Board has reviewed the findings of the Planning Commission that: | ||||||||||
| 1. | District of RU-1 is consistent with PUD Ordinance, and the Master Plan allows Commer- | |||||||||
| cial use. | ||||||||||
| 2. | The proposed PUD is not used for the sole purpose of avoiding the applicable zoning | |||||||||
| requirements, and shall result in an improvement to the public safety, health and welfare. | ||||||||||
| The PUD will accomplish objectives that cannot be accomplished through conventional | ||||||||||
| zoning. | ||||||||||
| 3. | The proposed PUD will preserve open space, provide for cross access, the reduced parking | |||||||||
| requirements will allow for larger green spaces, bike paths and sidewalks are provided for, | ||||||||||
| pedestrian traffic both within the site and in relation to access streets, building upgrades | ||||||||||
| are in compliance with BDA standards. Traffic improvements are provided for, wetlands | ||||||||||
| preservation and natural features preservation are provided for in the PUD. | ||||||||||
| 4. | The proposed PUD meets the following objectives: Permanently preserve open space or | |||||||||
| natural features, permanently establish land use patterns which are compatible to planned | ||||||||||
| uses, set aside open space in perpetuity, guarantee provisions of public improvement, | ||||||||||
| promotes the goals and objectives of the Master Plan, and fosters the aesthetic appearance | ||||||||||
| of the Township through quality building. | ||||||||||
| 5. | The proposed PUD is not a substitute for a variance request or as a means to increase | |||||||||
| density. The proposed PUD plan is deemed to comply with the applicable provisions of | ||||||||||
| Article 23 and the Ordinance. Furthermore as required in Section 2323.2b, 2c, plans for | ||||||||||
| disposing of sanitary sewage, supplying the development with water, and the storm water | ||||||||||
| drainage system is adequate. If the development is constructed, the required road improve- | ||||||||||
| ments specified in the PUD plan will be made by the developer. | ||||||||||
| Based upon a review the findings and recommendation of the Planning Commission, the | ||||||||||
| Township Board determines to grant the Planned Unit Development Application submitted | ||||||||||
| by Wal-Mart Stores, Inc. and the Township Board directs the Township Attorney to pre- | ||||||||||
| pare a contract for execution by the Township and Wal-Mart. The Township and Wal-Mart | ||||||||||
| shall negotiate the language of a contract setting forth the conditions for the development, | ||||||||||
| and if the proposed development is constructed, the conditions set forth in such contract as | ||||||||||
| approved and signed by the parties shall govern said development. | ||||||||||
| Public Comment: | ||||||||||
| 1. | Ken Snyder, 4490 Joan, asked how many lanes would be on Linden Rd. by the proposed | |||||||||
| Wal-Mart site. | ||||||||||
| 2. | Mark Corba, 10091 Linden, agreed that the PUD is good for the Township but had questions | |||||||||
| about the Twp. enforcing the PUD and is concerned about the liability for the Township. | ||||||||||
| 3. | Kevin Lonsway, 5200 Vienna, asked if there would be any improvements on Linden Road | |||||||||
| north of Vienna Road. | ||||||||||
| 5. | Tina Marshall, 5168 Wilson, stated her concerns with Edgerton school being close to | |||||||||
| Wal-Mart and asked if the school was going to be moved. | ||||||||||
| 6. | John Soldan, 6137 Vienna, also has safety concerns with Wal-Mart being by the school and | |||||||||
| asked that if the school is moved, who would be paying for the new school. | ||||||||||
| 7. | Hal Sausler, former Superintendent of Clio Schools, stated his concerns with the safety of | |||||||||
| the students and parents at Edgerton. He also asked why the school wasn't in the Master | ||||||||||
| Plan. | ||||||||||
| 8. | Gene Ridley, 4034 Dodge, stated with the increased traffic and people that will come with | |||||||||
| Wal-Mart will there be a need for more Sheriff protection. | ||||||||||
| 9. | Robert Burt, Webster Rd., feels that the residents should have the right to vote on the | |||||||||
| Wal-Mart issue. | ||||||||||
| 10. | Carl Griffin, 11465 Webster, asked any Board member who would benefit from | |||||||||
| Wal-Mart coming to Linden Road, to refrain from voting. | ||||||||||
| 11. | Bill Voorheis, 2449 Marjorie Lane, explained the PUD and stated that you cannot discrim- | |||||||||
| inate against retail businesses. He stated that the Board is doing what the law requires | ||||||||||
| and that Wal-Mart has fulfilled their legal obligations and could sue if denied. | ||||||||||
| 12. | Ronald Kaufmann, 5236 Field, stated that different municipalities with Wal-Marts had to | |||||||||
| hire more Police protection and had higher taxes. He would like to vote on the issue. | ||||||||||
| 13. | Phil Harrison, 2423 Wilson, has concerns with board members gaining financialy from | |||||||||
| Wal-Mart coming to Vienna Twp. | ||||||||||
| 14. | Francis Corcoran, 4260 Farrand, is in favor of Wal-Mart, he feels that it will bring jobs. He | |||||||||
| asked that the Board approve the development. | ||||||||||
| ROLL CALL: | Yeas - McKerchie, Fuller, Taylor, Scott, Luttenbacher | |||||||||
| Nays - Ridley | Motion passed | |||||||||
| Moved to adjourn at 6:45 p.m. | ||||||||||
| _______________________________ | ||||||||||
| Richard Scott | ||||||||||
| Vienna Township Clerk | ||||||||||
| CERTIFICATION: | ||||||||||
| STATE OF MICHIGAN | ||||||||||
| COUNTY OF GENESEE | ||||||||||
| I, the undersigned, do hereby certify that the foregoing is a true and complete copy of the minutes of the regular | ||||||||||
| meeting of the Township Board of the Charter Township of Vienna, Genesee County, Michigan, held on the 20th day | ||||||||||
| of June 2005. | ||||||||||
| _____________________ | ____________________ | |||||||||
| Anthony McKerchie | Richard Scott | |||||||||
| Supervisor | Vienna Township Clerk | |||||||||