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                                                  MARION TOWNSHIP

                                               BOARD OF TRUSTEES




                             Thursday, April 12, 2007 @  7:00 p.m.

Call to Order

Pledge of Allegiance

Members Present/ Members Absent

Call to the Public

1.      Approval of Agenda

2.   Consent Agenda

All items listed are considered to be routine by the Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

a.)    Approval of March 22, 2007 Regular Meeting Minutes

b.)    March 27, 2007 Planning Commission  Public Hearing Report

c.)    March 27, 2007 Planning Commission Report

d.)    Complaint Report

e.)    DPW Report

f.)     Treasurers Report

g.)    Zoning Report

      3.   Township Wide Rubbish Removal Discussion

      4. Premier Farms Review - Planning Commission to attend

5.   Darakjian and Highland Special Assessment

       6. MHOG Waterline

      7. Marion Township Roads

8.      Fire Budget/Articles of Incorporation

9.      Salary Comparison

10.  Lawn Bids

11. ZBA Report

      12. Township Flea Market

Correspondence/ Updates

 Township Issues

       Supreme Court Case      

For the Good of the Township

Call to the Public


                                              DRAFT MINUTES


MEMBERS PRESENT:               Bob Hanvey , Dave Hamann , Travis Hodge, Les Andersen, Paula Wyckoff, Dan Lowe, Tammy Beal


MEMBERS ABSENT:                 Mike Kehoe, Township Attorney

                                                John Enos, Township Planner

                                                Annette McNamara , Zoning Administrator



Bob Hanvey called the meeting to order at 7:02 p.m.  



The board members introduced themselves. 


Phil Lachowicz, 3359 Jewell Rd. (taxpayer since 1991, resident since 1998):  Mr. Lachowicz asked why County Farm Road isn’t being salted past Sanitorium.  Les Andersen said that a portion of the road is state highway M-155, but will soon be turned over to the county and will be maintained the same as the rest of County Farm .

Thomas Bauer, 5757 Lange Rd. (resident since 1989):  Mr. Bauer asked whether the township had acquired the park land they were looking at on Jewell Road .  Mr. Hanvey said yes.


Dave Hamann motioned to approve the agenda.  Dan Lowe seconded.  Motion carried 7-0.


Dave Hamann motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 7-0.

(Planning Commission chairman called joint meeting to order at 7:06 pm and members introduced themselves.)


Dave Kocsis, 2808 Black Eagle Ridge, talked briefly with the board about his experience as a city manager in Garden City and provided a copy of the bid specs the city used.  He discussed advantages and disadvantages, and told the board members to expect phone calls at home if residents aren’t happy with the service.  Mr. Hanvey commented on the severe penalties for failure to meet the contract specifications.  Mr. Kocsis said those penalties are common in the Wayne County area. 

Dave Wright, 5228 Cranberry Court :  Mr. Wright asked how much this would cost.  He is currently paying $150 per year.

Alison Bauer, 5757 Lange Rd. :  Mrs. Bauer said she pays $160 per year and receives superior service.  She doesn’t want to be stuck with a company that she has no control over.

Debra Wiedman-Clawson, 2355 White Birch Trail:  Ms. Wiedman-Clawson asked how many responses were received to the survey.

Les Andersen said that Cohactah and Iosco townships both allow residents to opt out of the service if they desire.

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson asked if the township has a refuse ordinance.

Mr. Kocsis cautioned the board that if the township does proceed with this service, the performance bond should be renewed well in advance, and the contract is typically for five years.


John Enos from Carlisle Wortman, the township’s planning consultant, gave a brief history of this project.  The conceptual plan was approved in 1999-2000.  This is a three-phase project in the suburban residential zoning district, with 1000+ acres.  He explained that a Planned Unit Development (PUD) is a negotiated development.  Mr. Enos feels that the new conceptual plan is substantially the same as the old one, and that several units will be eliminated before the preliminary plan is presented.  Mr. Enos also said that the Planning Commission feels the new plan is substantially in compliance.

Matt Kuehn, 4630 Cedar Lake Road (resident since 1990):  Mr. Kuehn asked if a review has been done of the viability of this project.  There is a similar project on M-59 and portions of it have gone into foreclosure.

Mr. Enos said the applicant will be asked to provide a marketability study.

Bob Hanvey said the rules for PUDs are in Article 13 of the zoning ordinance, which is available at www.mariontownship.com. 

Alison Bauer, 5757 Lange Rd. :  Mrs. Bauer said the new plan increases the density and reduces the land for the school from 15 to 10 acres.  Traffic is also an issue.

Mr. Hanvey said the number of units is not fixed.  Mr. Enos said the number of units proposed is still fewer than the number that could be developed by right.

Thomas Bauer, 5757 Lange Rd. :  Mr. Bauer asked if variances would be required.  Mr. Hanvey said no, not in a PUD.  Mr. Bauer is concerned about his well.  Mr. Hanvey said the aquifer that will serve the site is only at ¼ of total capacity.

Steve Williams, 5118 Hinchey (resident for 39 years):  Mr. Williams is the county commissioner for District 6, and wanted to clarify a recent article in the newspaper regarding road work.  The Michigan Department of Transportation (MDOT) will only be resurfacing the existing ramps at M-59 in Howell Township .

John Lowe asked about offsite improvements.  Mr. Enos said the projected build out is 15 years.  The township can’t project the impact to require offsite improvements.  He cited the Arrowhead case in Brighton Township , and the courts said the township couldn’t require offsite road improvements.

Richard Pennala, 4024 Emily Court (resident since 2000):  Mr. Pennala had questions about Article 13, Sections 13.03 and 13.04.

Jack Lowe asked Mr. Enos to clarify the deviation between the original plan and this plan.  Mr. Enos said the new plan has 80+ more units, and 10-15 acres less in property.  The wetlands, easements and road right-of-way are deducted from the total.  Also, the configuration of the commercial area is different.

Dave Latcha, 5480 Norton Road (resident since 2002):  Mr. Latcha said we have to ask if this is good for the township.  Bob Hanvey said the state has given the township the authority through Public Act 110.  Mr. Enos said the township has a master plan based on public input, surveys, etc. 

Steve Williams asked if the development would include senior low-income housing.  Mr. Enos said he didn’t know.

Gary Dunn, 893 Hurley (resident since 2000):  Mr. Dunn asked what good is a master plan if the township backs down rather than be sued.  Mr. Hanvey said there are currently two cases of the township not backing down before Judge Latrielle.

Jim Barnwell, Desine, Inc., said he has been involved with this property since 1987.  Mr. Barnwell said this proposal is consistent with the master plan.

Charlie Musson, 333 Triangle Lake Road (resident for 71 years):  Mr. Musson asked what type of PUD this is.   Mr. Enos said open-ended PUD overlay.

Phil Lachowicz, 3359 Jewell Road :  Mr. Lachowicz asked if this would be considered the town center.  He also said there should be a bond for road improvements, and speed limits should be reduced.

William Flatt, 109 Amos Road :  Mr. Flatt asked if there are any plans for Amos Road .

Mark Janeck introduced himself as the representative for the owners.  Mr. Janeck said he has been working for the past year to get to this point for affirmation from the board.  He highlighted the following items.  The previous plan had Amos connect to Cedar Lake Road .  They have increased the municipal site to 20 acres.  The proposal calls for 2,083 units, and they could propose as many as 2,300 units.  There is an increase in the open space area.  The project would be 200-300 feet wide along the roadways with existing vegetation.  In response to whether there would be a school, he said probably.  There is capacity in the water system, and sewer would be cleaner than septics.  He indicated they have hired a firm to conduct a traffic study, which is almost done.  There are 150 acres of wetlands, and they are only impacting about 3 acres.  As far as offsite improvements are concerned, Amos Road would have to be paved.  The project complies with the master plan, and was previously approved conceptually in 2001.  With regard to low-income housing, he can’t answer this.  He said this development would not be considered the town center. 

Steve Williams asked about having an ambulance/fire substation.  Mr. Janeck said this is possible.

Matt Kuehn asked about how the common areas would be maintained.  Mr. Janeck said the builders have to put up a letter of credit to finish public improvements.

Bob Hanvey asked John Enos what the criteria is for deciding whether the plan is compliant.  Mr. Enos said whether it meets the criteria and generalized standards.  Mr. Hanvey asked what would be set in concrete.  Mr. Enos said the number of units and layout of the roads.

Dave Hamann said a conceptual plan was optional at the time this was approved.  Debra Wiedman-Clawson said the township’s website has the current ordinance; the previous one isn’t there.  Bob Hanvey said he would see that the previous ordinance section is added (AI #1).  Mike Kehoe said the current ordinance would be considered from this point forward.

Richard Pennala, 4024 Emily Ct. :  Mr. Pennala asked about the phases.  Mr. Barnwell said the commercial phase would be done toward the end of the project.

Bob Hanvey said the statute requires a public hearing, and all are invited to come to both Planning Commission and Board of Trustees meetings. 

Debra Wiedman-Clawson pointed out that this property is located in the Wellhead Protection Area and the types of commercial business would be limited.

John Lowe adjourned the Planning Commission portion of the meeting at 8:51 p.m.


Paula Wyckoff and Bob Hanvey attended a meeting with the City of Howell .  They are willing to cooperate and feel that would better serve their residents. The township would still be able to move REUs .  The details of this process are very complex.  A one-year agreement through the 2007 tax bills is being suggested.  The county treasurer is still unwilling to make reimbursement.  A meeting with be held with representatives from Darakjian in the next few weeks.


It was discovered the line from Francis Road south to Hometown Village of Marion is 8”, not 10” or 12”, which makes the connection between the Meadows and Hometown Village necessary.  Dan Lowe has talked with property owners regarding easements (108’ across the back of their property.)  The MHOG agreement will have to be redone to include that line.  Dan Lowe motioned to adopt a resolution approving that the connection between Hometown Village of Marion and the Meadows be added to the agreement with MHOG.  Les Andersen seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 7-0.


Information is provided in the packets on dust control.  There is also a map from the LCRC showing the two curves being considered for improvements.  Les Andersen said he feels someone representing the township needs to attend all of the LCRC meetings.  The board members discussed the curve on Peavy/Sexton with Tom Kizer, who lives on the curve.  Mr. Kizer said he’s willing to work with the township on the improvements. 

Dan Lowe motioned to approve up to four (4) brine applications, as needed.  Tammy Beal seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Motion carried 7-0.

Les Andersen motioned to approve $50,000 for overlay project on County Farm Road between M-155 and Jewell Road if the LCRC is willing to cost share.  Paula Wyckoff seconded.  Roll call vote:  Beal, Hanvey, Hodge, Andersen, Lowe, Wyckoff , Hamann—all yes.  Motion carried 7-0.

Tammy Beal motioned to approve offering $50,000 to LCRC to cost-share the improvements on Peavy/Keddle/Sexton curves.  Travis Hodge seconded.  Roll call vote:  Hanvey—yes; Lowe—no; Wyckoff , Beal, Hamann, Hodge, Andersen—yes.  Motion carried 6-1.


Travis Hodge motioned to adopt a resolution to approve the Third Amended and Restated Articles of Incorporation of the Howell Area Fire Authority.  Paula Wyckoff seconded.  Roll call vote:  Hodge, Beal, Andersen, Lowe, Hanvey, Hamann, Wyckoff —all yes.  Resolution passed 7-0.


Tammy Beal motioned to adopt a resolution to approve the Howell Area Fire Authority Budget amendments as presented.  Travis Hodge seconded.  Roll call vote:  Lowe, Wyckoff , Hamann, Hodge, Andersen, Beal, Hanvey—all yes.  Resolution passed 7-0.


Tammy Beal provided information for the board members to review and discuss at the next meeting.


Eight bids were received and copies were provided to the board members.  After reviewing the bids, Dan Lowe motioned to select Jay-Bird’s Lawn Care for the 2007 season.  Les Andersen seconded.  Roll call vote:  Hamann—no; Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—yes.  Motion carried 6-1.


Dan Lowe reported that a variance request was heard from Pat & Judy Keough for an accessory building without a principal dwelling on a 20-acre parcel.  The case was tabled for three months to allow the Keoughs enough time to plant trees.  The zoning administrator will inspect the site.


Tammy Beal provided the board members with information on insurance for this event.  A flea market is considered a low-hazard event.


Bob Hanvey said the case is scheduled for May 10 in Lansing .


Les Andersen asked the treasurer, Paula Wyckoff, and Charlie Musson, a former trustee, to provide the board members with some background information and history on the Parks & Recreation Authority at the next board meeting.


Debra Wiedman-Clawson, 2355 White Birch Trail (resident for 15 years):  Ms. Wiedman-Clawson asked about the flea market.  Tammy Beal explained that the employees were considering having a flea market the Saturday after Labor Day, where tables would be rented with proceeds used to purchase park equipment or something similar.


Dave Hamann motioned to adjourn the meeting at 10:05 p.m. Les Andersen seconded. 

Motion carried 7-0.