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MARION TOWNSHIP

AGENDA and MINUTES

SEPTEMBER 8, 2005

PUBLIC HEARING

CALL TO ORDER:

MEMBERS PRESENT/ ABSENT:

CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit

1. Special Assessment for Water for Copperfield Villas

2. Special Assessment for Sewer for Copperfield Villas

CALL TO THE PUBLIC:

ADJOURNMENT

REGULAR MEETING FOLLOWS PUBLIC HEARING

AGENDA

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

MEMBERS PRESENT/ ABSENT:

CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit

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 Agenda

b.) Approval of August 25, 2005 minutes

c.) Treasurer’s Report

d.) DPW Report

e.) Zoning Report

f.) August 23, 2005 Planning Commission Report

2. Peavy Force Main

3. Clark Hill Invoice

4. Carlisle/Wortman Fee

5. Approval of Sale of Water and Sewer Bonds

6. Text Amendment Z-38-05(TXT 25-04;Section 6.18 F#1&G Condominium Projects)

7. Text Amendment Z-39-05(TXT 07-04;Section 8.01 F# 6&7 Rural Residential District)

8. Text Amendment Z-40-05(TXT 23-04;Section 8.02 F# 6&7 Suburban Residential District)

9. Text Amendment Z-42-05(TXT 05-04;Section 6.19 B Access Controls)

10. Text Amendment Z-41-05(TXT 21-04;Section 3.02 Landscaping Definitions)

11. Pinebrook Meadows Entrance Sign

12. Geer Show Cause

13. Lucy Road LLC

14. Cemetery Committee Report

15. ZBA Report

Planning Commission Report

For the Good of the Township

Call to the Public

Adjournment

BOARD OF TRUSTEES

PUBLIC HEARING

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

MEMBERS ABSENT: None

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CALL TO ORDER

Bob Hanvey called the public hearing to order at 7:15 p.m.

MEMBERS PRESENT

All members were present.

CALL TO THE PUBLIC

None.

CREATION OF COPPERFIELD VILLAS WATER SPECIAL ASSESSMENT DISTRICT

Bob Hanvey said the estimated cost of the project has been published and provided the board members with a

copy. Tammy Beal, the township clerk, verified that proper notice of this hearing has been published twice and

notices were mailed to the residents involved. Mr. Hanvey asked if there were any objections. None were

heard.

Tammy Beal motioned to adopt the following resolution:

Whereas, the township board of Marion Township received petitions signed by more than 50 percent of the owners

of the area of the proposed special assessment district described hereinafter, and accordingly, determined to

proceed under the provisions of PA 188 of 1954, as amended, to provide municipal water service, together with a

proposed special assessment district for assessing the costs of the proposed municipal water service to schedule

a public hearing upon the same for this date, and

Whereas, the cost and proposed special assessment district were filed with the township clerk for public

examination and notice of the within hearing upon same was published and mailed in accordance with the law and

statute provided as shown by affidavits pertaining thereto on file with the township clerk, and

Whereas, in accordance with the aforesaid notices, a hearing was scheduled this eighth day of September, 2005

commencing at 7:15 p.m. and all persons given the opportunity to be heard in the matter, and

Whereas, as a result of the foregoing, the township board believes the project to be in the best interests of the

township and of the district proposed to be established therefore;

Now therefore be it resolved as follows:

That this township board does hereby determine that the petition of the Copperfield Water Special

Assessment District were properly signed by the record owners of the land whose area constitutes more than

50 percent of the total area upon the proposed improvement.

That this township board does hereby approve the provisions of municipal water service and costs

of $78,306.75.

That this township board does hereby create, determine and define as a special assessment district to be

known as Copperfield Water Special Assessment District within which the costs of such improvements shall be

assessed according to the benefits, the following described area within said township:

4710-01-301-003; 4710-01-301-004; 4710-01-301-005; 4710-01-301-007; 4710-01-301-008;

4710-01-301-009; 4710-01-301-010; 4710-01-301-011; 4710-01-301-012; 4710-01-301-013;

4710-01-301-014; 4710-01-301-015; 4710-01-301-016; 4710-01-301-017; 4710-01-301-018;

4710-01-301-019; 4710-01-301-020; 4710-01-301-021; 4710-01-301-022; 4710-01-301-023;

4710-01-301-024; 4710-01-301-025; 4710-01-301-026; 4710-01-301-027; 4710-01-301-028;

4710-01-301-029; 4710-01-301-030

4. That on the basis of the foregoing, this township board does hereby direct the supervisor and assessing

officer to make a special assessment roll in which shall be entered all the parcels of land to be assessed

together with the names of the respective owners thereof, and a total amount to be assessed against each

parcel of land which amount shall be the relative proportion of the whole sum levied against the parcels of

land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all the

parcels of land in the special assessment district. When the same has been completed, the supervisor

shall affix thereto his certificate stating that it was made pursuant to this resolution and that in making such

assessment roll he has, according to his best judgment, conformed in all respects to the directions contained

in this resolution and the applicable state statutes.

5. That all resolutions and parts of resolutions insofar as they conflict with the provisions of the within

resolutions be and the same are hereby rescinded.

Dave Hamann seconded. Roll call vote: Sue Lingle, Bob Hanvey , Dave Hamann , Dan Lowe, Tammy Beal—all yes. Resolution passed 5-0.

The supervisor called the resolution passed, and presented the roll that has been delivered to the clerk.

Sue Lingle motioned to adopt a resolution to set a hearing on the roll for the special assessment district to be held

at the next board meeting, September 22, 2005 at 7:15 p.m. The appropriate publications and mailings will be

made. Dave Hamann seconded. Roll call vote: Dave Hamann , Dan Lowe, Tammy Beal, Sue Lingle,

Bob Hanvey —all yes. Resolution passed 5-0.

CREATION OF COPPERFIELD VILLAS SEWER SPECIAL ASSESSMENT DISTRICT

Bob Hanvey said the township clerk has done the publications. An estimate of the cost has been prepared.

Mr. Hanvey asked for any objections. None heard.

Dan Lowe motioned to adopt the following resolution:

Whereas, the township board of Marion Township received petitions signed by more than 50 percent of the

owners of the area of the proposed special assessment district described hereinafter, and accordingly,

determined to proceed under the provisions of PA 188 of 1954, as amended, to provide municipal sewer

service, together with a proposed special assessment district for assessing the costs of the proposed municipal

sewer service to schedule a public hearing upon the same for this date, and

Whereas, the cost and proposed special assessment district were filed with the township clerk for public

examination and notice of the within hearing upon same was published and mailed in accordance with the law and

statute provided as shown by affidavits pertaining thereto on file with the township clerk, and

Whereas, in accordance with the aforesaid notices, a hearing was scheduled this eighth day of September, 2005

commencing at 7:15 p.m. and all persons given the opportunity to be heard in the matter, and

Whereas, as a result of the foregoing, the township board believes the project to be in the best interests of the

township and of the district proposed to be established therefore;

Now therefore be it resolved as follows:

1. That this township board does hereby determine that the petition of the Copperfield Water Special

Assessment District were properly signed by the record owners of the land whose area constitutes more

than 50 percent of the total area upon the proposed improvement.

2. That this township board does hereby approve the provisions of municipal water service and costs

of $78,306.75.

3.. That this township board does hereby create, determine and define as a special assessment district to be

known as Copperfield Water Special Assessment District within which the costs of such improvements shall be

assessed according to the benefits, the following described area within said township:

4710-01-301-003; 4710-01-301-004; 4710-01-301-005; 4710-01-301-007; 4710-01-301-008;

4710-01-301-009; 4710-01-301-010; 4710-01-301-011; 4710-01-301-012; 4710-01-301-013;

4710-01-301-014; 4710-01-301-015; 4710-01-301-016; 4710-01-301-017; 4710-01-301-018;

4710-01-301-019; 4710-01-301-020; 4710-01-301-021; 4710-01-301-022; 4710-01-301-023;

4710-01-301-024; 4710-01-301-025; 4710-01-301-026; 4710-01-301-027; 4710-01-301-028;

4710-01-301-029; 4710-01-301-030

4. That on the basis of the foregoing, this township board does hereby direct the supervisor and assessing

officer to make a special assessment roll in which shall be entered all the parcels of land to be assessed together

with the names of the respective owners thereof, and a total amount to be assessed against each parcel of land

which amount shall be the relative proportion of the whole sum levied against the parcels of land in the special

assessment district as the benefit to the parcel of land bears to the total benefit to all the parcels of land in the

special assessment district. When the same has been completed, the supervisor shall affix thereto his certificate

stating that it was made pursuant to this resolution and that in making such assessment roll he has, according to his

best judgment, conformed in all respects to the directions contained in this resolution and the applicable state

statutes.

5. That all resolutions and parts of resolutions insofar as they conflict with the provisions of the within

resolutions be and the same are hereby rescinded.

Tammy Beal seconded. Roll call vote: Dave Hamann , Sue Lingle, Bob Hanvey , Tammy Beal,

Dan Lowe—all yes. Resolution passed 5-0.

Bob Hanvey provided the board with a copy of the roll with the dollar amounts and names of the owners.

Dave Hamann asked about the dollar amounts and why they differ from the REU price. Mr. Hanvey said it’s

75% of the REU price; they’ve already paid 25%. Four of the parcels are not included in the roll, three because

they are on the road that are already served and those REUs were transferred from Woodberry, and parcel

2 paid cash so they could get the model home started. The remaining parcels are being special assessed for the

balance of the fees. Dan Lowe asked to have this explanation placed in the file.

Sue Lingle motioned to adopt a resolution to set a hearing on the roll for the special assessment district to be held at the

next board meeting, September 22, 2005 at 7:15 p.m. The appropriate publications and mailings will be made.

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

Resolution passed 5-0.

Mr. Hanvey said at the next meeting, when the roll is approved, the starting date for interest needs to be decided.

Call to the Public

None.

ADJOURNMENT

Dave Hamann motioned to adjourn the public hearing at 7:28 p.m. Sue Lingle seconded. Motion carried 5-0.

TOWNSHIP BOARD

APPROVED MINUTES

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

MEMBERS ABSENT: None

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CALL TO ORDER

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

PLEDGE TO FLAG

MEMBERS PRESENT

The members of the board introduced themselves.

CALL TO THE PUBLIC

None.

CONSENT AGENDA

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

APPROVAL OF SALE OF WATER AND SEWER BONDS

Peter Ecklund from Axe & Ecklund, the township’s bond counsel, said the sale for the refunding of the Marion Township

Joint Water System Refunding Bonds was held today.

There were three bidders: Raymond James, Citizens Bank, and Bernardi Securities. The winning bidder was

Raymond James at 3.659075%. The net savings will be approximately $136,000 instead of the $103,000 anticipated.

This is due to the status of interest rates on the day of the bond sale. It is Mr. Ecklund’s recommendation to award to

Raymond James, who was the lowest bidder.

Sue Lingle motioned to adopt a resolution to award the bond sale to Raymond James per the township bond counsel’s

recommendation. Dave Hamann seconded. Roll call vote: Tammy Beal, Dave Hamann , Dan Lowe, Sue Lingle,

Bob Hanvey —all yes. Resolution passed 5-0.

Bob Hanvey asked if the township has any joint bonds with MHOG. Mr. Ecklund said he would check.

PEAVY FORCE MAIN

A project update from OHM is included in the packets.

CARLISLE/WORTMAN FEE

Information is provided in the packets. The board reviewed invoices and discussed fees. Bob Hanvey said he read in the

Planning Commission procedures that there’s a provision for a budgeting process within the Planning Commission.

Dave Hamann will present this option at the next Planning Commission meeting on September 27, and see if the

members are interested in managing the budget. Bob Hanvey will provide information for the Planning Commission to

review.

TEXT AMENDMENTS

Dave Hamann suggested discussing Condo Projects and Landscape Buffers at the joint meeting on September 26.

Bob Hanvey said he would like to discuss all of these text amendments at the joint meeting. Dave Hamann motioned to

table the text amendments until the September 26 joint meeting. Sue Lingle seconded. Motion carried 5-0.

PINEBROOK MEADOWS ENTRANCE SIGN

Sue Lingle motioned to accept the Planning Commission’s recommendation and approve the Pinebrook Meadows sign

with the three conditions stipulated by the PC. Tammy Beal seconded. Motion carried 5-0. Sue Lingle amended the

motion to specify low wattage rather than low voltage as one of the conditions. Tammy Beal seconded.

Motion carried 5-0.

GEER SHOW CAUSE

Bob Hanvey reported that he and Tammy Beal drove by the site. The 90 days are up and no site visit has been made yet.

Sue Lingle pointed out that the property owner isn’t cooperating. Bob Hanvey said the township would try again.

Bob Hanvey motioned to postpone this item until a site visit is made. Tammy Beal seconded. Motion carried 5-0.

LUCY ROAD LLC

Bob Hanvey reported that an order has been issued by the court to cease and desist. A show cause hearing will be

scheduled for the September 22 board meeting.

Revised Minutes - Correction

Bob Hanvey reported that an order has been issued by the court to cease and desist. A show cause

hearing will be scheduled with the circuit court.

CEMETERY COMMITTEE REPORT

Tammy Beal reported that this group met last week for a walk-through of the cemeteries. The group will meet again next

week.

ZBA REPORT

Dan Lowe reported the ZBA meeting would be held on September 12.

FOR THE GOOD OF THE TOWNSHIP

Tammy Beal reported that the township has received a grant to install the handrail.

CALL TO THE PUBLIC

Barney Cole, 918 Francis Road : Mr. Cole said Francis Road didn’t get any brine, no gravel, no grading. Charlie

Musson said Triangle Lake Road hasn’t either. Tammy Beal will check the invoices, and Bob Hanvey will talk with the

foreman regarding these two roads.

Charlie Musson, 333 Triangle Lake Road : Mr. Musson asked if the Cemetery Committee members are insured.

Bob Hanvey said no.

Revised Minutes - Correction :

Charlie Musson, 333 Triangle Lake Road : Mr. Musson asked if the Cemetery Committee members are insured.

Bob Hanvey said he didn't know.

CLOSED SESSION WITH ATTORNEY RE: CHESTNUT

Open meeting back in session at 9:25 p.m. Dave Hamann motioned to allow attorney and board members to continue

as decided in closed meeting. Sue Lingle seconded. Roll call vote: Bob Hanvey , Tammy Beal, Dan Lowe, Dave Hamann ,

Sue Lingle—all yes. Motion carried 5-0.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:30 p.m. Sue Lingle seconded. Motion carried 5-0.