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                                 MARION TOWNSHIP

             AGENDA and DRAFT MINUTES

                        FEBRUARY 10, 2005  








OLD BUSINESS:            

   Northern Materials

   Land Division Ordinance No. G-11-97

   Text Amendment Z-119-04  (6.07 Accessory Structure Language)

   AT&T Cell Tower  

   LCRC (Road improvement; where will funds be directed)

   Contract for Howell Schools to Collect Summer Taxes

   Request for the High School to Hook up to Sewer and Water

    Peavy Force Main (OHM to Provide a Proposal)

    OHM Maps Approval

      Act 425 (Intergovernmental Conditional Transfer of property by Contract)


      Radick Show Cause Hearing

     Home Town Village

     Lucy Road (Sodium)

     Hall Basement Finishing

     Policy on Hall Use

     Clark Hill Invoice

     Lawn Mowing Specs. (bids for lawn mowing)

     LexisNexis ( Request for Data)

     Sewer Bond Refinancing

     Cedar Lake Improvement Board Appointment

     Fire Ordinance










                                            Draft Minutes                                                                 

 MEMBERS PRESENT:      Bob Hanvey, Sue Lingle, Dan Lowe, Dave Hamann, and Tammy Beal

 MEMBERS ABS              None

OTHERS PRESENT:          Phil Westmoreland, OHM, Township Engineer

                                         Angela Campbell, OHM

                                        Annette McNamara, Zoning Administrator                                            



Bob Hanvey called the meeting to order at 7:32 p.m. 



The board members introduced themselves. 




Dave Hamann motioned to approve the agenda as amended.  Tammy Beal seconded.  Motion carried 5-0.


Board of Trustees Regular Meeting, January 13, 2005

Sue Lingle motioned to approve the minutes as presented.  Dave Hamann seconded.  Motion carried 5-0.

Ways & Means Meeting, February 7, 2005

Dave Hamann motioned to approve the minutes as presented.  Sue Lingle seconded.  Motion carried 5-0.


Radick Show Cause Hearing

Bob Hanvey asked Annette McNamara to explain the reason for the show cause hearing.  Ms. McNamara said

Mr. and Mrs. Radick have a hobby kennel at the corner of Coon Lake Road and Dutcher in the RR zoning district.

Hobby kennels are a use permitted by right with special conditions.  The Radicks have had a hobby kennel permit 

since 1999.  In the fall of 2004, two complaints were made against the Radicks for the noise level of the dogs 

barking, and that she exceeds the number of dogs allowed for a hobby kennel by five.  Ms. McNamara and 

Mrs. Radick discussed applying for a commercial kennel permit.  However, people usually apply for commercial

kennel permits for a profit-making kennel. Mrs. Radick decided to discuss this issue with the board prior to applying

for a commercial kennel permit. Mrs. Radick said there was an incident in September when a puppy came into heat, so 

she was howling every hour for five or six nights.  There was an anonymous complaint and Mrs. Radick put the dog in the 

garage.  She hasn’t made any noise since. The primary complaint has been and continues to be the German Shepard 

dog, unrelated to the hobby kennel.  She was in a kennel in the backyard and the barking upset Mr. Goers. He called to

complain, so they put her in the house during the quiet times, 10 pm to 7 am.  He complained three more times in 

14 months. The last complaint occurred at 9:30 p.m.  The Radicks were not home.  Their son came home and the dog

barked because there was somebody in the yard.  The huskies do make noise, during the day while they’re exercised, 

and when they are fed.  They are quiet at night.  Several neighbors submitted information to the township saying they

have not heard the dogs at night since September.  Mrs. Radick said she is a very conscientious pet owner and she

does her best to keep them quiet, but she feels she does have the right to exercise them.  During a full moon, they will 

howl for about two minutes.  During the six years they’ve been here, they have always asked the neighbors to let them

know if anything was disturbing them.  There are other barking dogs in the neighborhood.  Mrs. Radick feels that because

she has a hobby kennel, every barking dog in the neighborhood is thought to be hers. The neighbor has a dog that barks,

and there are dogs all around that bark. Mr. Radick said they had an issue with the German Shepard that has been 

addressed.  Whenever they’ve received a call, they try to be very up front about it.  They have their kennels inspected

regularly by the county, vets have come out to the house.  They have a statement from the vet indicating the cleanliness

of the kennel and the health of the dogs.  They aren’t a puppy factory, they aren’t breeders.  Mrs. Radick said that’s why

she didn’t apply for the commercial kennel.  Mr. Radick said this is a family sport.  Mrs. Radick said the numbers 

account for the fact that eight of the 15 dogs are between the ages of 9-13.  Mrs. Radick feels that after the dogs have

given their time and service, she can’t just ship them off, they’re part of the family.  They also help train the new dogs.  

Mrs. Radick runs a six-dog team, Matthew runs a three-dog team, Rachel runs a two-dog team, and Erin runs a two-dog 

team.  That’s 13 dogs.  Mr. Radick said they actually borrow dogs from others in the sport. That’s why they are asking to

be allowed to keep the dogs they have. Mrs. Radick said she can’t help but feel that this is personal.  There’s other noise

in the neighborhood. Bob Hanvey said it appears there are several concerns, some of which are subjective and some of 

which are objective.  The simple one is that there are more dogs than the ordinance allows.  It seems there would be one 

of two choices for the objective part of the concern:  either maintain 10 or less dogs, or apply for a commercial license.

The special use permit would require review by the Planning Commission.  A public hearing will be held where all of the 

people within 300 feet of the property will be invited.  A posting will be printed in the newspaper.  The Planning 

Commission will determine if the requirements for the special use permit have been met.  Another option may be the

Zoning Board of Appeals.  Another option would be to ask the Planning Commission to change the hobby kennel 

ordinance.  There are no guarantees on success with any of these procedures. The subjective issue is the noise.  

Mr. Hanvey asked Ms. McNamara if there had been complaints about anything other than noise.  Ms. McNamara said 

the noise is the issue.  At one point in time, the buffering by the dog runs was brought up, but a previous zoning 

administrator waived that requirement because there wasn’t a home on the other side.  Mrs. Radick showed an aerial 

map of the property.  She said the two people who filed complaints live the furthest away.  It’s confusing because the 

people who are closer say they don’t hear them, and the people furthest away say they do. 

Call to the Public

Joe Goers, 5920 W. Coon Lake Road :  Mr. Goers said the barking has really only been going on for the last two years. 

The first problem was with the German Shepard, and he had to call Mr. Radick at 3:00 am to do something about it. 

Mr. Goers said people aren’t hearing them bark now because it’s winter and people don’t have windows open. You can’t

leave your windows open during the spring and summer.  It would not be a problem whatsoever except for the barking. 

If Mrs. Radick could quiet that down, he wouldn’t have a problem.

Bill Atkinson, 3219 Dutcher:  Mr. Atkinson lives just north of the Radicks.  He said he hears the dogs all the time during

the summer. 

David Lynch, 3300 Dutcher:  Mr. Lynch said he’s lived there since 1991.  This issue with the noise has been in the past 

two year.  Whatever change has been made, that’s what has disrupted the neighborhood.  Prior to that, no one really 

cared how many animals they had.  The farm is well-kept.  The noise isn’t just for 10 or 15 minutes. It’s when the barking 

goes on from 9 pm until 7 am and it’s all night long, that’s when it becomes a problem. 

Mark Reizen, 3210 Dutcher:  Mr. Reizen said he lives at least ¼ mile away, and the Radicks must live in a different 

neighborhood because they cannot open the windows in the summertime at all.  The dogs bark from 3:30 pm all night

long every night.  It’s not a matter of a dog being in heat or a dog being moved into the house.  It’s disruptive, it’s a 

nuisance, and in show cause hearing, the respondent has the duty of going forward and showing why they shouldn’t be 

held in contempt, or why an action shouldn’t be started.  They’ve admitted they exceed the number for a hobby kennel. 

There’s a serious noise problem that’s a nuisance.  No one cares how many animals they have. They’re barking all night

long, every night.

James Smith, 3264 Dutcher: Mr. Smith said he can hear the dogs howling late at night, and it wakes him out of a sound

sleep. The noise is a problem.

Close Call to the Public

Dan Lowe asked if there’s anything the Radicks can think of that’s changed in the past two years.  Mrs. Radick said 

she really doesn’t know what to say.  She sleeps with her bedroom window open.  Mr. Lowe asked if there were

more dogs or different dogs.  Mr. Radick said the only dog they’ve gotten in the past two years is the German 

Shepard, which is now in the house. Sue Lingle said that four or five neighbors have complained tonight.  Ms. Lingle 

suggested giving the Radicks a time period to take care of the problem about the number of dogs.  If they apply for a 

commercial kennel, there are different restrictions as far as buffering.  Ms. Lingle said she understands they love their 

animals, and everyone says they keep a clean farm.  However, other people in the area shouldn’t have to listen to dogs 

barking all night.  Mr. Hanvey said there’s been very little contradictory evidence.  Ms. Lingle said it’s not all personal

when you have that many people who haven’t wanted to come out and say anything, who have now said that they really 

don’t want to put up with it for another summer.  Mr. Hanvey said the responsibility for keeping the dogs quiet is the

Radicks. Mr. Lowe asked if this is an outside kennel.Mrs. Radick said it has to be because they’re sled dogs. Mr. Hanvey

suggested one solution might be to put the kennels inside a building. Mr. Radick said they would do some research. 

Jack Lowe, 345 Woodcreek Drive :  Mr. Lowe said most of the complaints seem to be about the dogs barking at night. 

Is it possible to put sound-deadening material on the building and keep the dogs in the building at night.

Sue Lingle motioned to allow the Radicks 30 days to come back to this board with a plan on how they’re going to correct

the situation.  Tammy Beal seconded.  Motion carried 5-0.

Hometown Village

Mr. Burke presented a petition signed by residents, along with a photo.  Mr. Burke said basically they are seeking a

temporary construction entrance.  Mr. Burke read the following:

The residents of Hometown Village of Marion request approval for a temporary construction entrance off of Peavy

Road during construction of the development. This would facilitate the safe ingress and egress of construction traffic. 

The purpose is simply to protect the health, safety and welfare of Marion residents. The only construction entrance to

the development is off of D-19. It requires large trucks to use the residential streets, even where construction is 

complete. The construction of this development is proceeding from D-19 west toward Peavy Road. The current roads

in the development are narrow in width, there’s barely enough room for a car parked on the street and a large truck to 

pass. The number of school-age children in the neighborhood is substantial and growing.  The only school bus pick-up

is at the front of the development. In addition, there are many pre-school children in the development that regularly play

in their yards. This number is also rapidly growing. Collectively, the residents are very concerned. The risk presented 

by large trucks on narrow streets with a sizable population of children and pets is a potential for a serious accident.  

There are many pet owners who walk their dogs down the street and have to scramble out of the way when a large 

truck approaches.  This often results in being too close for safety.  Recent weather has emphasized the risk as ice and

 high snow banks have further narrowed the streets.  The distance of most homes to the street approximates only 30 

feet.  The distance from most sidewalks to the street approximates only nine feet.  In the situation of a child or pet 

chasing a ball or other item into the oncoming traffic, there would be inadequate time to stop a large, fully loaded truck.

There’s also a major concern for visibility by the drivers of these large trucks. This represents another serious risk. 

I, myself, have operated an 18-ton truck and there is a 10-foot blind spot from the hood to the street and from the 

passenger side.  We understand the access would alter traffic to Keddle and Peavy Roads.  These roads can easily 

accommodate the occasional traffic.  It occurs now for residents living off and on those roads for their own additions,

landscaping and repairs that require large trucks.  Hometown Village of Marion construction has only been averaging a

few houses a month. We are aware of a petition by residents of Sexton, Keddle and Peavy to restrict traffic to and

from a gravel pit on County Farm Road.  It’s been suggested that would include all large trucks.  The petition does not

appear to state a reason for their request, so there the consideration that to prohibit a builder from using a public road

to bring materials safely to a building site is discriminatory. With all due respect, the residents of Sexton and Peavy 

Roads are set well back from those roads. So safety for them is not the same as it is with us. Again, this is a temporary 

situation for the health, safety and welfare of Marion Township residents. God forbid a resident, or in particular a 

child, were to be seriously injured or worse.  It would be a very difficult time knowing it could have been easily 

avoided.  In support of this request, I offer a photo and petition signed by 115 residents.

Mr. Hanvey asked Mr. Burke if they have talked to any of the operators of the project?  Mr. Burke said yes, he 

talked with the developer.  Mr. Burke said the developer couldn’t correct the problem of trucks that size on that 

narrow road which is his only access at this point.  He is willing to put signs up, further restricting the speed limit.  

However, Mr. Burke is concerned.  Anytime you put something that big in the vicinity of children, something bad is

likely to happen.  Mr. Hanvey said the construction process at Hometown Village has been to develop lots according

to the buyer’s wishes, so that means that houses will be put on lots between two existing homes a couple years from

now potentially.  There’s always going to be the need for large trucks to go down streets that are inhabited.  

Mr. Hanvey agrees that this is an awkward situation. Mr. Burke asked what the downside is to the solution they’ve

proposed?  Ms. Beal asked what the speed limit is.  Mr. Burke said it’s 15 MPH and he’s trying to get it reduced to

5 MPH for anything over 18 tons. 

George Sellar, 1118 Hudson Drive:  Mr. Sellar said they are in Phase 1, which is complete. Phase 2 is more

toward Peavy Road.  The builder indicated that Phase 2 and 3 would have the traffic coming in off of Peavy Road. 

More than once, Mr. Sellar has stopped cement mixer trucks and lumbers trucks from speeding through. A street 

sweeper came through and threw dust up in the air with small children around.  Most of the building now is on the

northwest side, which is Phase 2. Mr. Burke said he’s on the homeowner’s board, and he’s speaking on behalf of 

the residents, not as an individual. The board has targeted and dealt with speeders. 

Dan Rossbach, 603 Cobblestone Trail:  Mr. Rossbach said the speed limit on Keddle is 55 MPH and there’s low

terrain and a lot of cars in the winter end of going right through the end of that street into his neighbor’s yard.  He’s

concerned about construction vehicles—if they’re going to speed at 15 MPH, they’re going to speed at 55 MPH.

Mr. Burke said he believes Keddle Road is very level. 

Mr. Hanvey asked for input from the Planning Commission members at the meeting. 

John Lowe, 345 Woodcreek Drive:  Mr. Lowe said there are sidewalks within the subdivision that kids should be 

walking on, not in the street.  Peavy Road has an 18-ton bridge that does not allow construction traffic to come from 

the north, and there’s a very dangerous 90-degree turn south of the subdivision, which is very dangerous for large

trucks.  That was the main reason the Planning Commission did not want truck traffic on the rear of the development 

because of the visibility.  This was a phase development, and from what he sees, it would be totally within the 

discretion of the builder to address the issues that have been raised, particularly the speed of the vehicles.  There 

could be additional signage and penalties for the people that bringing materials into the site.  The dirt and dust is an

internal housekeeping issue the developer should be responsible for.  This is a phase development.  It was always 

designed from the beginning to the end.  This should have been made that clear to the residents.

Mr. Burke said he is well aware of the bridge, they are suggesting Keddle to Peavy.  The roads are 24 feet wide.  

Speed limits are posted, the builder is fining people.  As a board member, they have dealt with residents speeding. 

They are asking for 5 MPH signs.  We’re looking at a situation that harms few people, if any, and takes a tremendous

risk off of several hundred people that are living there now. 

Dan Lowe said he thinks the best thing would be to talk with Kevin from Delcor and see whether he can put a 

temporary road on the north side.  Mr. Burke said if there’s room for a road, he is very receptive to pursuing that. 

Bob Hanvey will set-up a meeting with the township, the developer, and Mr. Burke. 


Summer Tax Collection

Rick Terres from Howell Public Schools said this has been done since 1983.  Sue Lingle said the township charges

the schools $3 per parcel.  Ms. Lingle is asking for a resolution approving this item.

Sue Lingle made a resolution to enter into an agreement with the Howell Schools for the collection of summer taxes for

2005 as outlined in the agreement at the rate of $3 per parcel.  Dave Hamann seconded.  Roll call vote: Sue Lingle, 

Dave Hamann, Bob Hanvey, Tammy Beal, Dan Lowe—all yes.  Resolution passed 5-0.

Sewer Service to the New High School

Rick Terres said the new high school on Wright Road is very interested in getting into the water and sewer district.  

He believes they provide a public benefit.  They are looking for a lead.  The discussion will lead in the future into the 

question of REUs.  Based on similar situations with the City of Howell, Oceola and Genoa Townships, typically they 

are given a general agreement.  They are in the design phase of the building and it’s the intent to make that building as

green as they possibly can, so it’s not 100% sure yet exactly what kinds of fixtures, etc.  Mr. Hanvey said one of the 

problems with the calculations is that the school used 350 gallons to define an REU, and the township typically uses 

260. Dan Lowe said he would much rather know the number of REUs before the township says yes or no.  

Phil Westmoreland said 50 sounds a little low.  Mr. Terres said he believes the minimum number is 53 or 54 REUs.  

It’s between 53 and 73. Mr. Terres said the engineers could meet with the township engineers within the next 90 days

Dave Hamann made a resolution to approve agreement with the high school for hook-up for water and sewer,

contingent upon a 90-day resolution of the REUs, to include involvement of the township engineer. Tammy Beal

seconded.  Roll call vote:  Dan Lowe, Tammy Beal, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  

Resolution passed 5-0.

Northern Materials

Bob Hanvey provided information in the packets and indicated that this issue has been resolved

Land Division Ordinance No. G-11-9

Mr. Hanvey suggested that this item be postponed until the Planning Commission has acted on the private road 

ordinance. Dave Hamann motioned to postpone this item until the next board meeting.  Sue Lingle seconded. 

Motion carried 5-0.

Text Amendment

Dave Hamann made a resolution to approve the text amendment for Section 6.07 as suggested by the Planning 

Commission.  Tammy Beal seconded.  Roll call vote:  Dan Lowe, Tammy Beal, Bob Hanvey, Sue Lingle, Dave Hamann—

all yes.  Resolution carried 5-0.

AT&T Cell Tower

Dan Lowe motioned to postpone this item until a response is received from Cingular.  Sue Lingle seconded.  

Motion carried 5-0.

LCRC Road Improvements

Bob Hanvey said a budget showing the current year is included in the packets.  Last year’s month, for the budget that 

ended 6/30/04, the money that wasn’t spent was folded into the fund balance.  What was allocated for the fiscal year 

7/1/04 through 6/30/05 is on the handout.  If this money isn’t spent by 6/30/05, it will be put back in the fund balance.  

Phil Westmoreland will get measurements for a more detailed estimate to fix Cedar Lake between Coon Lake and Jewell. 

Dave Hamann motioned to postpone this item for additional input from OHM.  Sue Lingle seconded.  Motion carried 5-0.

Peavy Force Main

Phil Westmoreland provided information on four options for repairing Peavy force main:  directional drilling, open

trench construction, pipe bursting, and open trench construction—removal and replacement.

After discussion, Dan Lowe motioned to accept the directional drilling option.  Sue Lingle seconded.  Roll call vote:  

Dave Hamann, Dan Lowe, Tammy Beal, Bob Hanvey, Sue Lingle—all yes.  Motion carried 5-0.

  OHM Maps

Sue Lingle motioned to postpone this item until next month’s meeting.  Tammy Beal seconded.  Motion carried 5-0.

Act 425

Sue Lingle motioned to reject the current offer and have the township supervisor continue with negotiations.  Tammy Beal

seconded.  Motion carried 5-0.  

NEW BUSINESS (continued)

Lucy Road

Bob Hanvey said a few years ago, the Chilson Road Genoa-Oceola plant had a problem with the sodium that was 

being discharged into the groundwater, which resulted in a plume of sodium migrating over to Lucy Road.  Now, there

 are several homes along Lucy Road that have elevated sodium levels in their well water and they’ve been on bottled 

water for a few months.  It’s time for a more permanent solution, so what the G-O people want to do is hook them up

 to the MHOG water line that’s running right along Lucy.  The question is does the township charge for the REUs for 

those homes; if yes, how much?  The homeowner will pay for the installation and any usage fee.  The fee at the time

the installation was done was $3000 frontage fee and $3100 for the REU.  Those numbers are now up to about

$3800 each. Dave Hamann motioned to ask Genoa-Oceola to fund the $6100 per hook up due to the sodium issue on 

Lucy Road from the Genoa-Oceola discharge. Tammy Beal seconded.  Motion carried 5-0.

Hall Basement Finishing

Sue Lingle motioned to ask Robert Diepert to go forward with architectural plans to finish the basement.  Dave Hamann 

seconded.  Motion carried 5-0.

Sue Lingle motioned to have the Building Committee work on this project.  The committee will consist of Dan Lowe, 

Tammy Beal, Cindy Hodge, and Jim Barnwell.  Tammy Beal seconded.  Motion carried 5-0.

Policy on Hall Use

Tammy Beal said she has emailed all of the townships in the state, and is still putting a proposal together.  Tammy Beal 

motioned to postpone this item.  Dave Hamann seconded.  Motion carried 5-0.  

Clark Hill Invoice

Sue Lingle motioned to pay the Clark Hill invoice for $4300.  Dave Hamann seconded.  Discussion:  Dan Lowe asked if 

Mr. Goodman is aware of the current negotiations.  Bob Hanvey said the filing dates have been postponed.  Roll call vote:  

Dan Lowe, Dave Hamann, Sue Lingle, Tammy Beal, Bob Hanvey—all yes.  Motion carried 5-0.

Lawn Mowing Specs

Dave Hamann motioned to postpone this item.  Dan Lowe seconded.  Motion carried 5-0.

LexisNexis Request for Data

Bob Hanvey said the main issue is the charge.  The township does have an Enhanced Access to Data Policy, which is

basically the same as the county’s policy.  However, we don’t have the rate table.  Dave Hamann motioned to postpone this 

item until the rate table is available.  Sue Lingle seconded.  Motion carried 5-0.

Sewer Bond Refinancing

Dave Hamann motioned to postpone this item for more information.  Tammy Beal seconded.  Motion carried 5-0.

Cedar Lake Board Member Appointment

Sue Lingle motioned to appoint Charles Musson to the Cedar Lake Board as one of the Marion Township representatives. 

Tammy Beal seconded.  Motion carried 5-0. Land Information Access Association Agreement

Dan Lowe motioned to postpone this item until the next meeting. Tammy Beal seconded.  Motion carried 5-0.


Dave Hamann reported the Planning Commission met twice in January.  A workshop was held on January 10. 

Public hearings and the regular meeting were held on January 25.  Agenda items included Copperfield Villas, 

Pinebrook Meadows, Marion Pines, and the woodland ordinance.


Provided in packets. 


Provided in packets.  


Dan Lowe reported that the ZBA met on February 7, and all three cases were tabled.


Tammy Beal motioned to accept the treasurer’s report with expenses of $74,136.82.  Dave Hamann seconded.  

Motion carried 5-0.


Sue Lingle provided a report in the packets.  One of the items discussed was lifeguards or some type of supervision at

Thompson Lake. 




Bob Hanvey reported that Steve Williams, the new county commissioner, stopped by the office and left a packet of 

business cards.  Mr. Williams said there is a county effort toward improving the county’s bond rating.

Dan Rossbach, 603 Cobblestone Trail:  Mr. Rossbach asked how sodium is traveling?  Is it through the ground?  

Mr. Hanvey said when the Chilson Road plant first went in, it had a ground water discharge, so the processed water

that was treated from the sewer plant was discharged into the ground.  So many people were using water softeners 

that the level of sodium coming into the plant was quite high, and it wasn’t treated adequately at the plant. 

The problem has since been corrected.


Dave Hamann motioned to adjourn the meeting at 10:05 p.m.  Sue Lingle seconded.  Motion carried 5-0.