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                                 MARION TOWNSHIP

                    draft minutes

             May 13, 2004 - Board of Trustees 

 

MEMBERS PRESENT:  Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler and Dave Hamann

 

MEMBERS ABSENT:   None                                        

*************************************************************************************************************

CALL TO ORDER  

Bob Hanvey called the meeting to order at 7:35 p.m.

PLEDGE TO FLAG

MEMBERS PRESENT

The members of the Board introduced themselves.

APPROVAL OF AGENDA

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

CALL TO THE PUBLIC

Kelly Hansen, 100 Lucy Road (City of Howell):  Ms. Hansen was present to inform the Board of a situation adjoining

her property on Lucy Road.  Her home experiences extremely strong vibrations from 7:30 am to 4:30 pm every day. 

The ceilings and plaster are beginning to crack.  Ms. Hansen asked if there is a length of time that the permit is valid

for the work being done on the adjoining parcel.  Mr. Hanvey explained that the permit was issued for restoration of the

site.  Mr. Hanvey asked Jack Lowe if he had any knowledge about when the project might be finished.  Mr. Lowe said

it looks close to being finished, probably within the next 30 days.  He will check with the owner on an estimated date,

and will then follow-up with Ms. Hansen.  Ms. Hansen asked the Board who might be responsible for the damages done

to her home.  Mr. Hanvey suggested she might hire a consultant to determine if the damage is a result of the activity

on the adjacent property.

Mary Ann Bahr, 3201 Grass Lake Court:  Ms. Bahr provided the Board members with a packet of information that

included a letter to the Board regarding the Knolls of Grass Lake development and Red Hawk Landing.  She read the

letter aloud (copy attached).

Dave Tiihonen, 3146 New Holland Drive:  Mr. Tiihonen agrees with Ms. Bahr, and doesn’t want the high density. 

He also said he feels it’s reasonable for the developer to be required to leave trees.

John Zwerlein, 2501 Clivedon:  Mr. Zwerlein is opposed to the Knolls of Grass Lake development. He feels that

Clivedon Road is not capable of handling the additional traffic.  Mr. Zwerlein feels this is a public safety issue.

Allison Tiihonen, 3146 New Holland Drive:  Ms. Tiihonen also agrees with Ms. Bahr.  This should remain a

rural area, and there are traffic and safety issues to consider.

Close Call to the Public

APPROVAL OF MINUTES

Board of Trustees Meeting, April 8, 2004

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

Special Board of Trustees Meeting, April 22, 2004

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

Special Board of Trustees Meeting, April 26, 2004

The date on the minutes needs to be changed from April 28 to April 26.  Dan Lowe motioned to approve the minutes as

amended.  Sue Lingle seconded.  Motion carried 5-0.

Special Board of Trustees Meeting, May 10, 2004

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

Ways & Means Meeting, May 10, 2004

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

OLD BUSINESS

None.

NEW BUSINESS

Chestnut Development Rezoning

Steve Gronow from Chestnut Development introduced himself, as well as Jim Eppink, land planner; Roger Myers, legal

counsel; and David Collier, engineer from Atwell-Hicks.  Mr. Gronow is requesting a rezoning of property for the purpose

of establishing a traditional neighborhood, somewhat similar to Chilson Hills in Genoa Township.  He has done

exhaustive research and analysis and feels this is an ideal location for the proposed development.  Mr. Gronow

presented display boards summarizing his research. 

Jim Eppink gave a brief presentation on key points showing why rezoning is appropriate for this parcel, including

SEMCOG data.  Roger Myers stated this is the right location for this type of development.  Extending the sewers or

providing an onsite septic system is appropriate because it’s in the wellhead protection area.  Sue Lingle asked how

long before problems occur with an onsite system.  Dave Collier said the system would be funded through the

association and operated by a licensed provider.

Discussion ensued regarding the demand in Livingston County for affordable housing.  Ms. Lingle shared information on

other housing in Livingston County that provide residences in the $105,000-$180,000 price range. 

Mr. Gronow concluded his presentation by stating that he’s interested in doing something that’s socially responsible.

Sue Lingle motioned to deny RZN 8-03—Chestnut Development from Suburban Residential (SR) to Urban Residential

(UR) based on the following findings:

1.Changing the zoning from SR to UR is not in keeping with the Marion Township Master Plan. UR zoning is intended

for the areas with municipal water and sewer.

2. Site is located outside the water and sewer districts and is not served by either utility.

3. Rezoning the site to UR would be considered “spot zoning” as the surrounding areas in the township are all zoned SR.

4. The potential for development of this site under UR zoning could range from 292 single detached homes to 1,000

attached multi-family dwellings, which is totally inconsistent with the township Master Plan for the area.

5. UR zoning is not compatible with neighboring properties.

6. The proposed higher density zoning of UR would invite further requests in an area designated by the Master Plan for

conservation and open space.

7.Under UR zoning, approximately 2,900 to 6,600 road trips would be generated daily on Mason Road, which was rated

LOS “C” in the Master Plan of 1992.  Under Section 6.17 of the township zoning ordinance, no new land use under site

plan review will be permitted that would reduce the LOS below “C.”

8.The site under review can be developed economically under the current SR zoning as evidenced by The Forest,

Turtle Creek, and Sunridge.

9.The township has designated other areas adequate for the higher density development. They are located in the

northeastern D-19 area and meet the criteria of the availability of public utilities and adequate roads.

10. As further basis for denial, we would include the following:

 a. Letter from John Ambrose of John Ambrose & Co. dated January 16, 2004 recommending denial giving the basis of

his recommendation.

b. Recommendation of the Marion Township Planning Commission for denial as stated in the Planning Commission

minutes of March 23, 2004.

c. Recommendation of the Livingston County Department of Planning staff for disapproval.

d. Recommendation of the Livingston County Planning Commission for disapproval as stated in the letter of April 23, 2004.

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

Motion carried 5-0.

Bandy Show Cause Hearing

Mrs. Bandy presented a letter to the Board of Trustees indicating that a contract has been made with EGH

Construction of Livonia for demolition of the building, which Mr. Hanvey read aloud.  Mr. Lowe asked Mrs. Bandy

 if EGH is aware of the deadline of June 5.  Mrs. Bandy said yes.  Mr. Hanvey thanked Mrs. Bandy for providing

the information. 

Knolls of Grass Lake

Mike Boss, representing the Power Group, was present for final site plan approval for the Knolls of Grass Lake. This is a

 77-acre parcel, with 36 lots proposed for the development.  The density is less than one lot for every two acres. The

property is perked and approved by the Health Department.  Additional trees have been added.  The issue with the fire

department has been resolved.  Mr. Hanvey asked Mr. Boss to describe the process for DEQ permitting.  Mr. Boss said

the wetlands have been delineated.  Mr. Hanvey said a letter was received today from the township attorney and there are

some issues that he would like worked out.  Mr. Hanvey said that Mr. Boss has agreed to increase the road width to

32 feet, which is consistent with the Howell Area Fire Authority and the 2003 International Fire Code.  Dan Lowe asked

about the parking issues, and indicated he had talked with the fire department.  He was told the issue of parking restricted

 to one side of the street is up to the state police.  Mr. Boss said the Livingston County Road Commission isn’t in support

of restricting the parking and haven’t seen it required before. 

Dave Hamann asked Mr. Boss if the current site plan has been updated to show landscaping.  Mr. Boss said both the

site plan and construction plans have been updated.  It hasn’t been discussed with staff yet; that would be part of the

construction process.  Ms. Lingle asked about the height of the vegetation on the northern section.  Mr. Boss said it’s

mostly scrub and it will be left in place.  Jack Lowe said the landscape architect documented the requirements mentioned

during the site visit, and it just needs to be verified that the changes have been incorporated into the landscape plan.

Dan Lowe asked if the state police approves parking restricted to one side, is Mr. Boss willing to do this?  Mr. Boss said

yes, but he would like to know as soon as possible.  Mr. Boss stated the road width would be left at 32 feet.

Sue Lingle asked if Mr. Boss had considered clumping trees in the back.  Mr. Boss said yes, and pointed out the trees

depicted on the landscape plan.

Sue Lingle motioned to approve the Knolls of Grass Lake final site plan with conditions that the issues in the township

attorney’s May 13, 2004 letter be addressed; parking on one side of the street contingent on approval from the state

police; and review of landscape plan with the Planning Commission or Zoning Administrator.  Dan Lowe seconded. 

Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 5-0.

Fox Meadows

Mr. Hanvey said the attorney suggested this item be returned to the Planning Commission for further review due to the

change in the easement to Mason Road. 

Sue Lingle motioned to send this item back to the township Planning Commission with regard to the easement to

Mason Road for the May Planning Commission agenda.  Myrna Schlittler seconded.  Motion carried 5-0.

Sundance Meadows Preliminary Plat Approval

Jim Barnwell from Desine, Inc., representing Newcorp/Fred Brown, is requesting approval of the preliminary plat for the

next phase of Sundance Meadows.  The new phase will continue with the same type of development—minimum of 1-acre

lots with public roads.  Ms. Lingle asked about the landlocked parcel owned by Mr. Mitchell.  Mr. Barnwell said that

because Mr. Mitchell owns two adjoining parcels, it’s considered one parcel.  Phil Westmoreland from OHM said this

item should be cleaned up prior to the final plat being recorded, either by granting an easement or combining the lots. 

Mr. Barnwell will ask Mr. Mitchell to consider combining the parcels.  Mr. Barnwell requested that the plat be approved

with the authority that the roads be changed to 32 feet if the fire department deems that acceptable.  No other changes

would be made.  The Board members had no problem with that.

Dan Lowe motioned to approve Sundance Meadows preliminary plat.  Sue Lingle seconded.  Motion carried 5-0.

Builder Pay Request #7

There are some items that haven’t been completed, and the architect provided his comments on what should be withheld

from the payment.  There are also some punch list items.  Jack Lowe had questions on acceptance of the pay request

with regard to the brick on the back heating units.  He’s concerned the brick will fall off. Cindy Hodge said that the

architect would talk to Mr. Richardson regarding that issue. Myrna Schlittler motioned to approve the builder pay

request #7 in the amount of $62,997.53.  Dave Hamann seconded.  Roll call vote:  Sue Lingle, Myrna Schlittler,

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

Myrna Schlittler motioned to pay the architect $280 for the current month and any outstanding amounts that have not

been paid up to a total of $612.50.  Sue Lingle seconded.  Roll call vote:  Dan Lowe, Dave Hamann, Bob Hanvey,

Sue Lingle, Myrna Schlittler—all yes.  Motion carried 5-0.

Change Order #1

Sue Lingle motioned to approve Change Order #1 in the amount of $13,652.53.  Dave Hamann seconded.  Roll call vote:

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

Change Order #2

Sue Lingle motioned to table Change Order #2 for further discussion by Dan Lowe, Bob Hanvey and Cindy Hodge. 

Myrna Schlittler seconded.  Motion carried 5-0.

Sewer Resolution

Bob Hanvey read the following resolution to ratify certain changes in plans for sanitary sewer improvements:

Whereas, the Township Board adopted a Resolution on March 14, 1996 which provided that the plans for the construction

of certain sanitary sewer improvements were accepted, approved and ordered filed with the Township Clerk; and

Whereas, pursuant to i) a contract with the County of Livingston dated as of November 1, 1996, as amended, ii) the

establishment of special assessment districts, and iii) the confirmation of special assessment rolls, the subject sanitary

sewer improvements were constructed; and

Whereas, during the course of the construction project, certain changes to the plans were made in 1997 in response to

financial considerations, including but not limited to the elimination of an east-west trunk line traversing property owned by

Highland-Howell Development Group, LLC; and

Whereas, the elimination of the subject east-west trunk line did not affect the availability of sanitary sewer service to the

property owned by Highland-Howell Development Group, LLC; and

Whereas, the above described changes to the plans are incorporated within the various project documents created and

maintained by the project’s construction contractors, and are reflected in the configuration of the sanitary sewer system

as actually constructed pursuant to contracts and resolutions of the Township Board; and

Whereas, the Township wishes to formally acknowledge, approve and ratify all of the changes to the plans which have

been made since the plans were originally accepted, approved and ordered filed with the Township Clerk by way of

Resolution on March 14, 1996, including but not limited to the elimination of the east-west trunk line traversing the

property owned by Highland-Howell Development Group, LLC;

Now, therefore, be it resolved as follows:

1. All changes in the plans for the Township’s sanitary sewer improvement project that is the subject of the Township

Board’s Resolution of March 14, 1996 and its Contract with the County of Livingston effective as of November 1, 1996, as

amended, are hereby acknowledged, approved and ratified, including but not limited to the elimination of an east-west

trunk line traversing the property owned by Highland-Howell Development Group, LLC.  These plan changes are

incorporated within the various project documents created and maintained by the project’s construction contractors,

and are reflected in the configuration of the sanitary sewer system as actually constructed pursuant to contracts and

resolutions of the Township Board.

2. All previous resolutions, or any parts of previous resolutions, of the Board that are inconsistent with this Resolution are

hereby rescinded. Dan Lowe moved to approve the resolution as presented.  Dave Hamann seconded.  Roll call vote: 

Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Resolution passed 5-0.

DPW Additional Duties

Sue Lingle said the water and sewer special assessments have become too cumbersome for the treasurer’s office to

handle. The actual tracking, recording, making the partial releases on the mortgages are tasks she would like to pass on

to the DPW Coordinator and increase the pay rate an additional 50 cents per hour. 

Sue Lingle motioned to change the DPW Coordinator’s responsibilities to include administration of special assessment

rolls and increase the pay rate by an additional 50 cents per hour, effective July 1, 2004.  Dave Hamann seconded. 

Dan Lowe asked where the pay rate would end up.  Sue Lingle said $15 per hour.  Roll call vote:  Dan Lowe—yes,

Myrna Schlittler—no, Bob Hanvey—yes, Sue Lingle—yes, Dave Hamann—yes.  Motion carried 4-1.

Pay Raises

Myrna Schlittler motioned to pay the supervisor an additional 3% for fiscal year 2004-2005.  Dave Hamann seconded.

Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.  Motion carried 5-0.

Sue Lingle motioned to pay the clerk an additional 3% for fiscal year 2004-2005.  Dave Hamann seconded. 

Roll call vote:  Bob Hanvey, Dave Hamann, Dan Lowe, Myrna Schlittler, Sue Lingle—all yes.  Motion carried 5-0.

Dave Hamann motioned to increase the treasurer’s pay by 3% for fiscal year 2004-2005.  Dan Lowe seconded.

Roll call vote:  Dan Lowe, Dave Hamann, Bob Hanvey, Sue Lingle, Myrna Schlittler—all yes.  Motion carried 5-0.

Dave Hamann motioned to increase the assessor’s pay by 3% for fiscal year 2004-2005.  Sue Lingle seconded.

Roll call vote:  Myrna Schlittler, Sue Lingle, Bob Hanvey, Dan Lowe, Dave Hamann—all yes.  Motion carried 5-0.

Sue Lingle motioned for the clerk to investigate other municipalities’ per diem for Planning Commission members,

Zoning Board of Appeals members, and the recording secretary prior to the June Board meeting. 

Dave Hamann seconded.  Motion carried 5-0.

Park Stickers

Sue Lingle motioned to provide the first sticker to each family free and charge $5 for each additional sticker. 

Dave Hamann seconded.  Motion carried 5-0.

Roads

Mr. Hanvey indicated he hadn’t received any more detail on road improvements from the LCRC.  Dave Hamann asked

about the brine that was approved at the special Board meeting.  Myrna Schlittler said Michigan Chloride has been

contacted. Dave Hamann motioned to table this agenda item.  Dan Lowe seconded.  Motion carried 5-0.

Window Coverings

Sue Lingle passed out information on mesh window shades. Myrna Schlittler motioned to have Cindy Hodge

investigate the cost for window coverings.  Dave Hamann seconded.  Motion carried 5-0.

Rain Garden

Phil Westmoreland from OHM presented the concept of a “Rain Garden” for storm water management. Mr. Westmoreland

will provide the township with information on the cost for this type of project within the next week.

Hay—Bob Cox

Sue Lingle motioned to approve allowing Bob Cox to cut hay at the same price as last year.  Dave Hamann seconded.

Motion carried 5-0.

Wheat—Jerry Knight

Sue Lingle motioned to approve allowing Jerry Knight to grow wheat on the 10 acres owned by the township.  Dave Hamann

seconded.  Motion carried 5-0.

Technology Upgrade

Mr. Hanvey said the County Treasurer notified the township that new hardware and software is required.  Some of the items

 will be paid for by the county.  The new software requires upgraded computers.  Mr. Hanvey feels the assessor and the

deputy clerk should also have upgraded computers.  We need 5 new workstations and a server with a back-up system,

at a cost of less than $15,000.  Sue Lingle motioned to approve purchase of new hardware and software at an amount not

to exceed $15,000.  Dave Hamann seconded.  Roll call vote:  Dan Lowe, Dave Hamann, Bob Hanvey, Sue Lingle,

Myrna Schlittler—all yes.  Motion carried 5-0.

PLANNING COMMISSION REPORT

Dave Hamann said the Planning Commission met on April 27, 2004.  Family Golf rezoning was tabled at their request. 

Sundance Meadows #3 preliminary plat was approved.  The Knolls of Grass Lake was approved.  There was a text

amendment on PUD wording (heading only).  Section 6.30—Private Sewage Waste Water Treatment Plant was

approved and sent to the LCPD.  The definitions for Section 6.30 were also approved and sent to LCPD.  Site plan

review application was approved and will be effective June 1, 2004.  Planning Commission rules and procedures was

tabled. 

PARKS & RECREATION REPORT

A report for the regular meeting is provided in packets.  A special meeting was also held on the Parks & Recreation

Authority and a report will be provided.

ZBA REPORT

Dan Lowe reported that there was no meeting held in May.

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Mr. Hanvey said some of the township staff went to the OHM open house and gained a much greater appreciation of the

township engineers by touring the facility and talking with staff members.  Also, Mr. Hanvey said the property at the corner

of Coon Lake and Pingree has been cleaned up.

CALL TO PUBLIC

None.

TREASURER’S REPORT

Sue Lingle presented the treasurer’s report with expenses of $44,274.72.  Dave Hamann motioned to accept the

treasurer’s report.  Myrna Schlittler seconded.  Motion carried 5-0.

ADJOURNMENT

Sue Lingle motioned to adjourn the meeting at 11:07 pm.  Dave Hamann seconded.  Motion carried 5-0.