AGENDA & DRAFT MINUTES
November 11, 2004
OF AGENDA: November
OF MINUTES FOR:
September 21, 2004 - Special Mtg.
October 11, 2004 - Ways & Means
October 14, 2004 Regular Mtg.
Coon Lake Special Assessment
T T & G Site Plan
AT & T Lease
Peavy Force Main
Appointments to the Planning Commission
Rainbow Final Billing
Text Amendments (Section 13.03 C, Section 8.02 A, and
Section 17.24 A)
Fire Department ISO Rating Improved to Level 5
Cedar Lake Improvement Board Appointment
MEMBERS PRESENT: Bob Hanvey
, Sue Lingle, Dan Lowe, and
ABSENT: Myrna Schlittler
PRESENT: Phil Westmoreland, OHM, Township Engineer
CALL TO ORDER
Bob Hanvey called the meeting to order at
PLEDGE TO FLAG
APPROVAL OF AGENDA
Sue Lingle motioned to approve the agenda as presented. Dave Hamann seconded.
Motion carried 4-0.
APPROVAL OF MINUTES
Board of Trustees Special Meeting,
September 21, 2004
Sue Lingle motioned to approve the minutes as presented. Dan Lowe seconded. Motion
carried 3- 0- 1 abstention (Hamann).
Ways & Means Meeting,
November 8, 2004
Dave Hamann motioned to approve the minutes as presented. Sue Lingle seconded.
Motion carried 4-0.
Board of Trustees Regular Meeting, October 14, 2004
Dave Hamann motioned to approve the minutes as amended. Dan Lowe seconded.
Motion carried 3-0-1 abstention (Lingle).
Ricardi and Glen Caverly from Northern Materials were present, along with
their attorney, Raymond
Barnwell from Desine, Inc. Mr.
Hanvey said for the record that the township has received
a site plan from
has been transmitted to the attorney and engineer for review.
said the attorney suggested that the
needs to decide whether the plan is reasonable.
Westmoreland said he has looked at the plan, and it’s a
It’s not a full and complete site plan.
Mr. Hanvey said all they were required to do was a topographical
they’ve gone beyond the
Westmoreland said they have a grading plan that’s reasonable, although
requirements of the mining ordinance, but the slopes are what would
typically be seen on
lot layout is pretty standard. There
are some items that need to be noted. For
and fill calculations
done to see if all of the material that’s needed for the fill area and the
would actually be coming from that site.
The grade is appropriate, although there are a couple of areas
would probably look at closer during site plan review. The type of fill material needs to be noted,
and it does require a
6” minimum topsoil layer for the entire site. Mr.
Barnwell indicated he was given
limited direction, and this isn’t a final
site plan for the project; it’s a restoration plan. Perk tests haven’t
been done yet.
Mr. Hanvey said this grading would be suitable for a residential
project. Mr. Barnwell
it was determined that approximately 200,000 yards could be removed from the
site. Mr. Hanvey
said that he
Barnwell visited the site and measured from the property line to the
the bank and it was approximately
feet. The development plan would
require using materials that
are currently on the 10-acre parcel.
Mr. Barnwell said yes. Mr. Hanvey said at this point, the township
should suggest that this
plan appears to be reasonable. The
township has no
authority to challenge the
use of materials from the other parcel.
That issue is to be dealt with by the operators and
holders who share the same deed restrictions.
Mr. Feul said they are looking for the Board to approve
as presented, and that down the road they would be given formal approval.
Mr. Hanvey said
the Board could
that the site plan, as presented and reviewed by the engineer, appears to be
in conformance with the ordinance, and
the township has no ordinance that prevents the use of materials
adjacent parcel. Before this was
Mr. Hanvey believes it would have to go to
the Planning Commission for the
normal site plan review, but that would
happen after the excavation
business is completed and grading is done.
asked if the township is following
excavation ordinance as far as the reclamation and restoration.
Mr. Hanvey said no. Mr.
lawsuit pending, but even the township’s counsel acknowledged that this is
use and is not subject
ordinance. That’s one of the
big issues. Mr. Hanvey restated
township has no authority to challenge
material from one site to another. The
will have the opportunity to review the plan and it’s up
to support it or challenge it. Dan
asked if they mine the 200,000 yards, if they can’t take it off the
where does that leave it.
Caverly said it’s not necessarily a matter of taking any material off of
the 10 acres. If
they could take
the tip off of that hill and make it disappear to make the
slopes work is what it’s all about. It
inside the property line. If
they leave the
, there’s not enough land to make the
Hanvey stated the 200,000 yards does not include the stockpiled material,
include the berms. Mr. Lowe
how many yards would come off of the 10-acre parcel.
said approximately 8,000 to 10,000 yards.
Hanvey said there is also the issue of getting some sort
of bond to ensure
that the proposed grades will be met if Northern
Materials decides not to complete
the development of the project.
Mr. Feul said if Northern Materials were to agree
to a bond, although
there’s no requirement that they do, it would be a
reclamation bond for grading and grassing.
Caverly said that typically, grading bonds are $5,000 per acre for grading
Mr. Hamann read
from the ordinance
which states “...not less than $40,000 for the first 20 acres and a
portion thereof; a minimum of $1,000 for each
acre over that.” The two
engineers would have to agree
on the amount of the bond.
Mr. Hanvey asked what Northern
Materials plans on doing next. Mr.
said they don’t have an obligation to go to the neighbors.
He also stated
that these gentlemen are
established businessmen within the community.
It’s important that the board understand
purchase agreement that’s pending with the Trierweiler estate has
as a condition that the plan is
Sue Lingle said she would like to see the site plan go through the
Planning Commission for
Hamann asked if the township needs a master deed and bylaws, a road
agreement on the private road,
those things in place for the health, safety and welfare of the site.
Mr. Hanvey asked if in a normal situation, the
would approve the construction plans after the
Mr. Hamann said yes. Mr.
Lowe asked about lots 15, 16 and
17, and whether they would
come off of Sanatorium.
Mr. Barnwell said yes. Mr.
Lowe asked if there would be a problem
distance. Mr. Barnwell
said he didn’t believe so.
Mr. Lowe asked about the 200,000 yards. Will
to go right to the property line to mine this out?
Will everything be clear cut right to the 16-acre
after that’s done, reslope it? Will
there be anything left that can be saved around
Mr. Caverly said yes,
not at the west side on the 16 acres, but there will still be trees on
west side of the 10 acres. Mr.
they would be grading to the property lines. Dan
motioned to approve the grading and reclamation plan as
, and as required
by court order, subject to review by the township
engineer, and subject to posting
an appropriate bond
based on the township engineer’s calculations.
seconded.Motion carried 4-0.
motioned to grant preliminary site plan approval as
presented, dated 10/26/04, subject to approval by all
regulatory agencies and township engineer, township
attorney and township planner. Sue
100 Lucy Road
: Mr. Hanson was present to ask the
township board for information on mining
operation next to his property on
. Mr. Hansen said two days after
the court order was issued, the
property owner was in violation.
Mr. Hanvey said he spoke with the township attorney, who indicated
on the videotape Mr. Hansen provided,
the property owner was clearly in violation of the restraining order.
Mr. Hanvey indicated that he would
instruct the attorney to proceed to the next step with the court.
asked if the property owner does
submit a site plan, would he be required to replace all of the things he’s
Mr. Hanvey said one of the site plan
requirements would be a greenbelt. Dan
Lowe asked if Mr. Lanaville’s fence
was still down.
Mr. Hansen said yes, the fence is still down and the property owner
told Mr. Lanaville that he would
not replace the fence.
bids were received for snowplowing. Sue
Lingle indicated the residents of Love’s
their own contractor. Ms. Lingle
also asked if the township could ask Rocky Ridge to decrease the amount of
they use. Dan Lowe motioned to
accept the bid from Rocky Ridge for snowplowing, subject to conversation
decreasing the amount of salt used. Sue
Lingle seconded. Roll call vote:
, Sue Lingle,
, Dan Lowe—all yes. Motion carried 4-0.
was held regarding the pros and cons of selling the lease for the cell
tower. Sue Lingle motioned to
offer from Unison to buy the lease for the tower.
Dan Lowe seconded. Motion
Two invoices were received from Tom Rogers for the parking lot paving:
one is for the original proposal for
$19,380, and the other is for the repairs in the amount of $3570.
After reviewing the existing asphalt, the township
engineer determined the area that needed to be replaced.
Mr. Hanvey said the question is whether the amount for
the repairs is reasonable. Mr.
Westmoreland said yes.
Sue Lingle motioned to approve payment for the $19,380
invoice plus the additional invoice in the amount of $3570.
seconded. Roll call vote:
, Sue Lingle—all yes. Motion
attended the recent City Council meeting, and there was some disagreement as
was said at the meeting. Mr. Hanvey
talked with Shea Charles, and confirmed that the agreement to move that
is tentative, contingent upon two items. Mr.
Hanvey read the following from a letter to the City of
’s property is currently subject to a special assessment for sanitary
requesting that the City
waive its tap fees and other connection charges for connecting all or any
portion of the
property to sanitary
sewer. Highland also requests that the
City waive any usage, service or similar fees and charges to
the extent Highland is
required to pay usage, service and/or other similar fees and charges to
following the land transfer,
will be permitted to concurrently apply to zone and obtain site
approval for the
development of its property, in the manner described above.
letter further stated that its purpose is to advise the city of
’s interest in applying for the transfer of
’s property into the City of
under the conditions described. The
City Council approved authorizing
Charles to continue negotiations
the board members with a copy of the invoice from SBG Construction for
repairs to the
force main. Discussion ensued
with the township engineer regarding the various charges.
Sue Lingle asked
the septic company was. Mr. Hanvey
said those invoices haven’t been received yet.
The township also hasn’t
anything from the city yet. Mr.
Westmoreland said he has a contact name for the person who is the cathodic
expert for the gas company. Supposedly,
he knows everything there is to know about this.
Westmoreland will schedule a meeting with him to discuss this situation.
Sue Lingle motioned to pay the invoice
for $21,967.82 subject to review and approval by OHM.
seconded. Roll call vote:
, Sue Lingle, Dan Lowe—all yes. Motion carried 4-0.
Mr. Hanvey also said that readings from the stream as of Tuesday still
showed levels above recreational levels. A
reading is not yet available.
Mr. Hanvey said a petition was received from residents of Peavy, Keddle
and Sexton Roads requesting some fairly
severe restrictions on the use of those roads for gravel trains and dump
trucks. Mr. Lowe investigated
and found that it was
going into Delcor’s development. He
contacted Delcor and they put a stop to it, so that
should eliminate the problem. Mr.
Hanvey said the residents requested that the township enact an ordinance
would prevent this from happening. The
Livingston County Road Commission (LCRC) indicated that
had attempted something similar. Mr.
and they have a civil
infractions bureau and a code enforcement officer who can issue tickets.
So far, he’s only been able to catch one.
That one is scheduled to appear in court on November 22.
Mr. Hanvey will attend and try to get some idea of the
realities of having a code enforcement officer and civil infractions
bureau. Charlie Musson said it says in
extraction ordinance how it should be handled.
read from the ordinance that “…all vehicles used for
transporting materials from an extractive use site shall travel to and
from the site only on a haul route approved by
the LCRC.” Mr. Hanvey said
the LCRC wouldn’t do it unless it’s one of their projects.
Mr. Hamann said if that’s
the case, then the ordinance needs to be changed.
to Planning Commission
and John Lowe to another term on the Planning Commission.
to approve the appointment of John Lowe and
to the Marion Township Planning Commission
another three-year term. Dan
Lowe seconded. Motion carried 4-0.
Mr. Hanvey indicated he and Dan Lowe attended the Board of Public Works
meeting, where they pleaded the
township’s case. Mr. Hanvey
believes they were not successful, but final written notice hasn’t been
Amendments—Section 13.03 C, Section 8.02 A, and Section 17.24 A
motioned to approve the text amendment for Section 8.02 A.
Sue Lingle seconded.
motioned to approve the text amendment for Section 13.03 C.
Sue Lingle seconded.
Sue Lingle motioned to approve the text amendment for Section 17.24 A.
Department ISO Rating Improved to Level 5
Mr. Hanvey reported that the Insurance Service Organization (ISO) is the
group that does the rating of fire service.
The rating can be from 1-10. The
township’s rating previous to the increase in manpower and the
availability of water
service was a 9. As a result
of the recent investigation, which took almost a year, the rating level for
township was changed from 9 to 5. According
to some of the examples that were given, the amount saved on
insurance could offset the amount of the millage.
This new rating becomes effective
December 1, 2004
Mr. Musson suggested that the township have something available for
residents to give to their insurance company.
Mr. Hanvey said this will be announced on the township website and cable
Schlittler asked that a new representative be appointed to take her place on
the Cedar Lake Improvement
prior to its meeting on Tuesday, November 16 at
Tammy Beal, the incoming
to serve on this board. Sue
Lingle motioned to appoint Tammy Beal as the township representative to
Cedar Lake Improvement Board.
Mr. Hanvey said he had discussed with Mike Vernon
the concept that Mr. Vernon get the money up front in
would pay the bill for the testing, the study, the engineering, and the
preliminary work that needs to
be done prior to the determination of whether the
project can go forward. Mr.
Vernon seemed willing to do
that and has scheduled a meeting with the residents.
PLANNING COMMISSION REPORT
reported that the Planning Commission met three times in
October. A workshop was held on
October 18 to discuss ordinance issues.
Two public hearings were held on October 26.
One was for
Section 6.07—Accessory Structures, and one was for the
special use permit. The regular
meeting was held on October 26.
Also, a public hearing was held on November 10 for the master plan
to the public.
PARKS & RECREATION REPORT
Sue Lingle reported that Eric Reickel, the new
interim director for Parks & Recreation, is working with Shea Charles
to update the five-year master plan to send to the
DNR. He’s looking into the
Kellogg Foundation. He also wants
the townships to endorse the city spending $25,000
out of the Parks & Recreation budget for a program called
“The Partnerships of Change.”
More information will be provided at a later date.
Keith Huff has resigned and he
introduced one of the new trustees who will be his
Dan Lowe reported that the ZBA met on November 1.
A variance request for a front yard setback was approved for
construction of a new house on the northwest corner of
Coon Lake Road
ZONING ADMINISTRATOR REPORT
Provided in packets.
Provided in packets.
FOR THE GOOD OF THE TOWNSHIP
reported that the watershed plan was submitted.
However, more work needs to be done. There
is a meeting
Friday, November 12. The permit
expires in four years.
CALL TO THE
extended a thank you to Myrna Schlittler, the outgoing township clerk, in
appreciation for her 12 years
of service to the township.
Sue Lingle provided reports for September and October.
However, the amount of expenses wasn’t available.
motioned to table this agenda item. Dan
Lowe seconded. Motion
motioned to adjourn the meeting at
Sue Lingle seconded.
Motion carried 4-0.