SYLVAN LAKE PLANNING COMMISSION

 

Minutes of the March 3, 2009 Meeting

  1. CALL TO ORDER
    Chairperson Menuck called meeting to order at 7:30 P.M.

  2. ROLL CALL

                     PRESENT                                                                                                      
                Michael Menuck
                Rodney Knudsen
                Joanne Eberhardt  
                Russell Meskin
                David MacGillis
                John Martin, City Manager
                James Bull
                Aron Lorenz, Mayor
                Sharon Maurina, Mayor Pro Tem
                     
  3. APPROVAL OF AGENDA
    Moved by MacGillis, second by Meskin.

    No discussion
                                                                                       Motion carried.
  4. APPROVAL OF MINUTES  

A.  FEBRUARY 3, 2009 PUBLIC HEARING

Moved by MacGillis, seconded by  Eberhardt.

 

No discussion.
                                                                        Motion carried.

 

  1. MEETING OPEN TO THE PUBLIC FOR BRIEF COMMENTS
    Chairperson Menuck opened the meeting to public.

    David Karagosian, of Karagosian Jewelers, inquired about a new sign for business.  City Mgr.Martin stated he needed to meet with him at City Hall to go over the ordinance.  Mr. Karagosian also addressed removal of rocks at side of road that have been there for 13-14 years.  City Mgr. Martin stated this would be addressed at the City Council meeting with regards to the  right-of-way rule – due to safety issues.  City Mgr. Martin stated ordinance officer addressed other properties where right-of-way ordinance was being violated.

    No other comments were made.
    Chairperson Menuck closed meeting for public comment.




  2. Old Business:
    A. Discussion of Fence Ordinance
    Several issues were addressed regarding the rewritten ordinance including the following, but not limited to:
    a.  Councilwoman Maurina addressed wording on p.3, third point, the side yard:  “it shall be a uniform design obscuring less than roughly 25%”.  City Mgr. Martin stated this is the correct percentage.  Discussion followed including different percentage of 50/50.   She discussed certain design on side yard on her property. 

    b.  Commissioner Knudsen addressed lot line perimeter and privacy screen.  City Mgr. Martin stated a resident could have a privacy screen that encloses a deck or pool in addition to a fence that includes the whole yard.  Commission also asked if a rear yard could be a privacy fence, 6ft in height.  City Mgr. Martin said yes.  Ordinance needs to be revised to privacy screen. 

    c.  Chairperson Menuck addressed openness of side yard fence being the same as rear yard fence – also addressed matching the rear yard fence being the same as the side yard.  City Mgr. Martin stated Planning Commission needs to make a decision as to percentage of openness of fence.  What is proposed is what was agreed upon at the last meeting.  Discussion followed.  Commissioner Menuck advised 50% - Planning Commission agreed. 

    d.  Commissioner Meskin addressed chain linked fences and allowances.  Ordinance states chain link fencing can be used on 3 sides of the house extending to the rear corner of the house enclosing the whole back yard. Ordinance states chain link fences are strongly discouraged, but must follow specifications. Commissioner Knudsen stated the purpose of the ordinance is to give an idea of fences and chain link fences are not the preferred one, but allowed. Commissioner MacGillis was concerned how the Zoning Board would interpret the chain link fence statement.  He also restated there are a number of chain link fences in the neighborhood – disagreed with statement in ordinance.  City Mgr. Martin stated the ordinance allows chain link fences.  It would not be an issue for the Zoning Board.  Discussion followed.

    e. Commissioner Eberhardt addressed decorative area for public right-of-way if it’s visible fencing. She asked if the bike path was considered public right-of-way.  City Mgr. stated it is considered park property, not public right-of-way.  The  businesses are required to fence, but not decoratively. 

    f.  Commissioner Meskin addressed wording regarding (p. 3, sec. 2) front corner of house in regards to fence line.  City Mgr. Martin drew out a graphic design and would include design in ordinance.  Meskin also addressed homes that “butt up” or are against the “alley” of the business properties (section 4).  City Mgr. Martin said fences are required by the commercial property owners.  Commissioner Meskin also further addressed public walkways to lake.  These belong to the property owners on either side of fence.  City Mgr. Martin stated if they are in the front yard, they are nonconforming fences and could not be replaced according to new ordinance. 

    g.  Commissioner Knudsen addressed enforcement time allowance for illegal fencing or repairing of fence be extended to 30 days.  It was also restated nonconforming fences will not have to be removed once ordinance is in place – (unless damaged) - only illegal fences. Mayor Lorenz addressed public walkway fence – if this fence situation went to ZBA, this would be considered a special situation because of public access (hardship). City Mgr. Martin will draw up a final draft.  He also addressed hedges and  bushes being planted as a fence.  He did not put it in ordinance because discussion needs to be brought up before Planning Commission.  Commissioner  Meskin suggested getting this present ordinance passed before we address hedges, bushes, etc. 
     
    B.  Noise Ordinance
    City Mgr. Martin stated Mike Zubrzycki has a wealth of information on this matter to look over.  Mike is working on getting information to the Planning Commission for next month.  Commissioner Eberhardt called Oakland County and talked to Charlotte Burkhardt, a planner, about a noise ordinance and would do research free for the city.    Chairperson Menuck would not like to see too many restrictions especially in the instance of emergencies.  Discussion followed regarding the wide ground of specifications regarding a noise ordinance and the difficulties to establish an ordinance. Chairperson Menuck further stated ordinance would have to objective, not subjective.  Commissioner Eberhardt further stated from a commercial standpoint, something should be in order, but not necessarily residential because of the patrolling issues involved.  It was further stated in order to have ordinance, ordinance must need be enforced.  Mayor Lorenz stated this matter was brought before City Council and will be addressed accordingly.

  3. New Business:
    A.  Discussion – Zoning Ordinance Review
    City Mgr. Martin addressed zoning ordinance when master plan was adopted.  He advised when going through master plan, pick a spot to start implementing changes.  He spoke with with Doug Plachinski from West Bloomfield Township, a professional planner, using their services at their cost, which is less than using McKenna. 

  4. City Manager Comments
    City Mgr. Martin emphasized coming to council meetings.  He spoke with Tim Hortons’ representative and was informed of money issues with corporate being tighter with money.  The representative is still interested, but doesn’t know if something will happen or when.  Mayor Lorenz stated if commercials were filmed in the store, the state would give him $.42 for every dollar he invests.  City Mgr. Martin said he would relay that message.  He also brought up higher end food market possibly at Whitfield School property.  He needs volunteers to pursue talking to landlord, making phone calls,etc.  He also addressed mileage, specifically the hard budget questions - reduced funding.  He felt Planning Commission needs to understand the same issues that City Council is facing – will present more next month – direction and plan to obtain more funding.  Councilwoman Maurina addressed millage – emphasized understanding of what has been done to budget accordingly during this time…need to include Planning Commission. 

  5. City Council Comments
    Mayor Lorenz     emphasized coming to City Council.  He stated rumors regarding city responsibilities regarding the budget are filtering through the city, which is why he emphasized residents should come to City Council to hear for themselves budget issues and ways to solve them.  He further stated City Council is in a precarious situation including needs of listening to the community. He stated we have a  $40,000-$50,000 deficit this year -  he will approve a deficit budget this year, along with approving a deficit budget for next year, in hopes the millage would be approved to help the budget.  He further addressed “street captains” to inform city of what millage would be about and support it.  He felt we had good discussion regarding the fence and noise ordinance.

  6. Planning Commission Comment
    Commissioner Meskin addressed Master Plan book – final copy– City Mgr. Martin said he would send this electronically.  A hard copy in CD form would also be available.  He inquired if the city had a nuisance ordinance.  City Mgr. Martin said we do and it is in the police powers.  He also addressed times regarding the  volunteers for beach  patrol.  Discussion followed.
    Commissioner Eberhardt  stated she was happy with fence ordinance completion and hopes it gets passed.  She addressed hedgerow, landscaping, and decorative fences – hopes these issues become an amendment.  She relayed article in Oakland Press regarding Sylvan Lake and the budget, which listed paying dues at the beach, and letting in the public as a discussion point.  She felt this was a good objective article.  She felt it was important to explain to people that our millage is one of the lowest in area.  Discussion followed regarding the state of the economy and what people can afford – or not afford.  Mayor Lorenz stated housing values depend on the millage getting passed.
    Commissioner MacGillis understands millage problem and agrees the Planning Commission needs to be informed – we are a voice in the city. 
    Vice Chairperson Bull  stated it’s nice to see everyone.  He told everyone at meeting that March 17th  is the next Memorial Day Parade meeting.  The next meeting is April 14 at Gino’s at 6:30 P.M.
    Commissioner Knudsen addressed police vehicle replacement (50,000 mile replacement) this amount of miles is hard on vehicle.  It is better off replacing the vehicle rather than keeping it.  He also addressed millage – parks are private, we pay property tax on it and also the community center – in favor of millage and in favor of everybody paying park fee. 
    Commissioner Meskin – addressed sponsorship selling naming rights to the “outside”.
    Chairperson Menuck stated this would not feasible at this time for outside sources.  No further comments.


  7. Adjournment
    Commissioner Knudsen made a motion to adjourn at 8:51 P.M.,  Bull seconded it.

    No discussion.                                                                   Motion carried.


  
_________________________________________________
Charlene Zink, Sylvan Lake Planning Commission Recorder





 

 

 

SYLVAN LAKE PLANNING COMMISSION
March 3, 2009


      Steve Miller

Justin Hatch
David Karagosian