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                                 MARION TOWNSHIP

                  AGENDA & DRAFT MINUTES 

                          November 11, 2004  

 

APPROVAL OF AGENDA: November 11, 2004   

APPROVAL OF MINUTES FOR: September 21, 2004 - Special Mtg.

                                           October 11, 2004 - Ways & Means

                                           October 14, 2004 Regular Mtg.

OLD BUSINESS: 

                        Coon Lake Special Assessment

                        Snow Plow Bids    

                        T T & G Site Plan

                         AT & T Lease                   

NEW BUSINESS:  Highland

                          Peavy Force Main

                          Peavy-Keddle-Sexton Petition

                          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

                           DRAFT MINUTES

 

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

MEMBERS ABSENT:      Myrna Schlittler

OTHERS PRESENT:       Phil Westmoreland, OHM, Township Engineer

                                

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

CALL TO ORDER

Bob Hanvey called the meeting to order at  7:30 p.m.    

PLEDGE TO FLAG

CALL TO PUBLIC

None. 

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). 

OLD BUSINESS

TT&G Site Plan

Joe Ricardi and Glen Caverly from Northern Materials were present, along with their attorney, Raymond 

Feul, and Jim Barnwell from Desine, Inc.  Mr. Hanvey said for the record that the township has received 

a site plan from Desine that has been transmitted to the attorney and engineer for review.  Mr. Hanvey 

said the attorney suggested that the Board needs to decide whether the plan is reasonable.  Phil 

Westmoreland said he has looked at the plan, and it’s a start.  It’s not a full and complete site plan. 

Mr. Hanvey said all they were required to do was a topographical study, and they’ve gone beyond the 

requirement.  Mr. Westmoreland said they have a grading plan that’s reasonable, although it doesn’t 

meet the 1:10 requirements of the mining ordinance, but the slopes are what would typically be seen on 

sites. The lot layout is pretty standard. There are some items that need to be noted.  For example, cut 

and fill calculations weren’t done to see if all of the material that’s needed for the fill area and the grading

would actually be coming from that site. The grade is appropriate, although there are a couple of areas

they 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

said it was determined that approximately 200,000 yards could be removed from the site. Mr. Hanvey 

said that he and Mr. Barnwell visited the site and measured from the property line to the beginning of 

the bank and it was approximately 70 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 the deed 

holders who share the same deed restrictions. Mr. Feul said they are looking for the Board to approve

this plan as presented, and that down the road they would be given formal approval.  Mr. Hanvey said

the Board could suggest 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

on an adjacent parcel.  Before this was actually developed, 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.  Dave Hamann asked if the township is following the 

excavation ordinance as far as the reclamation and restoration.  Mr. Hanvey said no.  Mr. Feul said

there is a lawsuit pending, but even the township’s counsel acknowledged that this is a nonconforming 

use and is not subject to the ordinance.  That’s one of the big issues.  Mr. Hanvey restated that the 

township has no authority to challenge moving material from one site to another.  The property owners 

will have the opportunity to review the plan and it’s up to them to support it or challenge it.  Dan Lowe 

asked if they mine the 200,000 yards, if they can’t take it off the 10-acre parcel, where does that leave it. 

Mr. 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 would bring 

the high point inside the property line.  If they leave the high point , there’s not enough land to make the 

5% slope. Mr. Hanvey stated the 200,000 yards does not include the stockpiled material, but does 

include the berms. Mr. Lowe asked how many yards would come off of the 10-acre parcel.  Mr. Caverly 

said approximately 8,000 to 10,000 yards.  Mr. 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.

Mr. Caverly said that typically, grading bonds are $5,000 per acre for grading and grassing.  

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. Feul 

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 that the

purchase agreement that’s pending with the Trierweiler estate has as a condition that the plan is

approved. Sue Lingle said she would like to see the site plan go through the Planning Commission for

review. Mr. Hamann asked if the township needs a master deed and bylaws, a road maintenance 

agreement on the private road, all of those things in place for the health, safety and welfare of the site.

Mr. Hanvey asked if in a normal situation, the engineer would approve the construction plans after the

site plan.  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 with site

distance. Mr. Barnwell said he didn’t believe so. Mr. Lowe asked about the 200,000 yards. Will they

have to go right to the property line to mine this out?  Will everything be clear cut right to the 16-acre

parcel’s lot lines and after that’s done, reslope it?  Will there be anything left that can be saved around 

the perimeter?  Mr. Caverly said yes, not at the west side on the 16 acres, but there will still be trees on

 the west side of the 10 acres.  Mr. Barnwell said they would be grading to the property lines. Dan Lowe 

motioned to approve the grading and reclamation plan as presented, dated 10/26/04 , 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.  Dave Hamann seconded.Motion carried 4-0.

Dave Hamann 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 Lingle seconded. 

Motion carried 4-0.

CALL TO PUBLIC

Jeff Hansen, 100 Lucy Road :  Mr. Hanson was present to ask the township board for information on mining
operation next to his property on Lucy Road .  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 that based
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.  Mr. Hansen
asked if the property owner does submit a site plan, would he be required to replace all of the things he’s destroyed.
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. 

OLD BUSINESS (continued)

Snow Plow Bids

Three bids were received for snowplowing.  Sue Lingle indicated the residents of Love’s Creek/Sesame Drive want to

select their own contractor.  Ms. Lingle also asked if the township could ask Rocky Ridge to decrease the amount of

salt they use.  Dan Lowe motioned to accept the bid from Rocky Ridge for snowplowing, subject to conversation

regarding decreasing the amount of salt used.  Sue Lingle seconded.  Roll call vote:  Dave Hamann , Sue Lingle,

Bob Hanvey , Dan Lowe—all yes.  Motion carried 4-0.

AT&T Lease

Discussion was held regarding the pros and cons of selling the lease for the cell tower.  Sue Lingle motioned to decline

the offer from Unison to buy the lease for the tower.  Dan Lowe seconded.  Motion carried 4-0.

Parking Lot Paving

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.  Dave Hamann seconded.  Roll call vote:  Dan Lowe,

Dave Hamann , Bob Hanvey , Sue Lingle—all yes.  Motion carried 4-0.

NEW BUSINESS

Highland

Dan Lowe and Bob Hanvey attended the recent City Council meeting, and there was some disagreement as to what

exactly was said at the meeting. Mr. Hanvey talked with Shea Charles, and confirmed that the agreement to move that

property is tentative, contingent upon two items. Mr. Hanvey read the following from a letter to the City of Howell from

Mark Lewis:

  • Given that Highland ’s property is currently subject to a special assessment for sanitary sewer, Highland is

requesting that the City of Howell 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 Marion Township. 

  • Immediately following the land transfer, Highland will be permitted to concurrently apply to zone and obtain site

approval for the development of its property, in the manner described above. 

The letter further stated that its purpose is to advise the city of Highland ’s interest in applying for the transfer of

Highland ’s property into the City of Howell under the conditions described.  The City Council approved authorizing

Mr. Charles to continue negotiations

Peavy Force Main

Bob Hanvey provided the board members with a copy of the invoice from SBG Construction for repairs to the

broken force main.  Discussion ensued with the township engineer regarding the various charges.  Sue Lingle asked

who the septic company was. Mr. Hanvey said those invoices haven’t been received yet.  The township also hasn’t

seen anything from the city yet.  Mr. Westmoreland said he has a contact name for the person who is the cathodic

protection expert for the gas company.  Supposedly, he knows everything there is to know about this.

Mr. 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.  Dave Hamann seconded.  Roll call vote:  Dave Hamann ,

Bob Hanvey , 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 final

reading is not yet available.

Peavy-Keddle-Sexton Petition

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 the situation

and found that it was Clark 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 that

would prevent this from happening.  The Livingston County Road Commission (LCRC) indicated that Tyrone

Township had attempted something similar. Mr. Hanvey contacted Tyrone Township 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 the

extraction ordinance how it should be handled.  Dave Hamann 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. 

Appointments to Planning Commission

Bob Hanvey nominated Dave Hamann and John Lowe to another term on the Planning Commission. Sue Lingle

motioned to approve the appointment of John Lowe and Dave Hamann to the Marion Township Planning Commission

for another three-year term.  Dan Lowe seconded.  Motion carried 4-0.

Rainbow Final Billing

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 received. 

Text Amendments—Section 13.03 C, Section 8.02 A, and Section 17.24 A

Dave Hamann motioned to approve the text amendment for Section 8.02 A. Sue Lingle seconded.

Motion carried 4-0.

Dave Hamann motioned to approve the text amendment for Section 13.03 C.  Sue Lingle seconded.

Motion carried 4-0.

Sue Lingle motioned to approve the text amendment for Section 17.24 A.  Dave Hamann seconded. 

Motion carried 4-0.

Fire 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 the entire

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 channel. 

Appointment to Cedar Lake Improvement Board

Myrna Schlittler asked that a new representative be appointed to take her place on the Cedar Lake Improvement

Board prior to its meeting on Tuesday, November 16 at 9:30 a.m.   Tammy Beal, the incoming township clerk,

volunteered to serve on this board.  Sue Lingle motioned to appoint Tammy Beal as the township representative to

the Cedar Lake Improvement Board.  Dave Hamann seconded.  Motion carried 4-0.

Coon Lake Special Assessment

Mr. Hanvey said he had discussed with Mike Vernon the concept that Mr. Vernon get the money up front in

cash. That 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

Dave Hamann 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 Crossroads Church special use permit.  The regular

meeting was held on October 26.  Also, a public hearing was held on November 10 for the master plan presentation

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 replacement. 

ZBA REPORT

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 and Pingree. 

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey reported that the watershed plan was submitted. However, more work needs to be done. There is a meeting

on Friday, November 12.  The permit expires in four years.

CALL TO THE PUBLIC

Bob Hanvey extended a thank you to Myrna Schlittler, the outgoing township clerk, in appreciation for her 12 years

of service to the township.

TREASURER’S REPORT

Sue Lingle provided reports for September and October.  However, the amount of expenses wasn’t available.

Dave Hamann motioned to table this agenda item.  Dan Lowe seconded.  Motion carried 4-0.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:45 p.m.   Sue Lingle seconded.  Motion carried 4-0.