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The Genoa Township
Board
Public
Hearing and Regular Meeting
March 15, 2004
AGENDA
Consent Agenda:
1. Payment of Bills.
2. Approval of Minutes of March 1, 2004.
3. Request for approval of funding for SELCRA as requested in their
March 4, 2004 memo.
4. Request for approval of amendments for the operations, maintenance
and management services with OMI and Genoa Township:
A. Amendment No. 1 concerning customer service and billing.
B. Amendment No. 2 concerning operations, maintenance & management
service.
5. Request for approval of salaries for election officials for the
August Primary and November General Election as recommended by the
Administrative Committee.
6. Request for approval to correct an application for a Class C Liquor
License as requested by Edmond Mourad for an existing restaurant (Big
Boy) located at 2222 W. Grand River, Howell, MI 48853, changing the
approval application from Edmond Mourad to Mourad Brothers, Inc.
7. Request for approval to transfer stock (2001 licensing year) in 2003
Class C licensed business with dance-entertainment permit, located at
5768 E. Grand River, Howell, MI 48843, Genoa Township, Livingston
County, by dropping Gregory F. Ford (deceased) as stockholder through
transfer of his 18,000 shares of stock to the Gregory F. Ford
Declaration of Trust; Robert E. Parker, Second successor Trustee (Step
II), for F.H. & L. Development, Inc. (Lake Pointe Manor)
8. Request for approval to support the Recycle Livingston Public Works
Solid Waste Challenge Grant covering the cost for Genoa Township
residents up to a maximum of $1,000.00.
Action Items for Discussion:
9. Consideration of a request to accept a letter of resignation from
Hilda Kirsch after 22 years of service to Genoa Township.
10. Public Hearing on the grant application and presentation of the site
plan for the construction of two soccer fields on the property just east
of the township hall.
A. Call to the public.
11. Continuation of 1st Public Hearing on the Baetcke Lake aquatic
weed/lake control petition. (Please pull related material from your
March 1, 2004 regular meeting of the Board.)
A. Call to property owners.
B. Call to the public
C. Request for approval of Resolution No. 2 (approving the project
detail and directing the preparation of the special assessment roll).
D. Request for approval of Resolution No. 3 (scheduling the second
public hearing on the special assessment roll)
12. Public Hearing on the Grand River sewer service special assessment
district for property along Grand River and Kellogg Road.
A. Call to property owners and the public.
13. Consideration of a request to rezone from AG (agricultural) to RPUD
(residential Planned Unit Development) and grant approval of the Site
Plan, impact assessment, conceptual PUD plan, and PUD agreement as
related to a 191 acre parcel (Preserve of Genoa) located south of
Brighton Road and east of Chilson Road, Section 33 & 34, petitioned by
Crescendo Homes as discussed by the Planning Commission on 01/26/04.
(Please pull information from your March 1, 2004 board packets.)
A. Disposition of request to rezone.
B. Disposition of conceptual PUD plan.
C. Disposition of PUD agreement.
D. Disposition of impact assessment.
MINUTES
Supervisor McCririe called the regular meeting of the Genoa Township
Board to order at 7:00 p.m. The Pledge of Allegiance was then said. The
following board members were present constituting a quorum for the
transaction of business: Gary McCririe, Paulette Skolarus, Robin Hunt,
Todd Smith, Anthony Combs, Jim Mortensen and Jean Ledford. In addition
there were Township Manager Michael Archinal, Township Attorney Rick
Heikkinen and approximately 60 persons in the audience.
Moved by Hunt, supported by Mortensen, to approve the Agenda as
presented. The motion carried unanimously.
A call to the public was made with the following response: A. Messing –
It is my understanding that the Oak Pointe Marina might request a PUD
amendment changing the number of power boats allowed on that marina. The
Tri-Lakes association opposes such an amendment. McCririe – If they make
an application, they will go the Planning Commission for a public
hearing and recommendation to the township board.
Consent Agenda:
1. Payment of Bills.
2. Approval of Minutes of March 1, 2004.
3. Request for approval of funding for SELCRA in the amount of
$33,153.00 as requested in their March 4, 2004 memo.
4. Request for approval of amendments for the operations, maintenance
and management services with OMI and Genoa Township:
A. Amendment No. 1 concerning customer service and billing at a cost of
$143,463.00 for the second year of the agreement.
5. Request for approval of salaries for election officials for the
August Primary and November General Election in the amount of $150.00
for election official, $175.00 for chairman and co-chairman and $10.00
per hour for processing of Absent Voters as recommended by the
Administrative Committee.
6. Request for approval to correct an application for a Class C Liquor
License as requested by Edmond Mourad for an existing restaurant (Big
Boy) located at 2222 W. Grand River, Howell, MI 48853, changing the
approval application from Edmond Mourad to Mourad Brothers, Inc.
7. Request for approval to transfer stock (2001 licensing year) in 2003
Class C licensed business with dance-entertainment permit, located at
5768 E. Grand River, Howell, MI 48843, Genoa Township, Livingston
County, by dropping Gregory F. Ford (deceased) as stockholder through
transfer of his 18,000 shares of stock to the Gregory F. Ford
Declaration of Trust; Robert E. Parker, Second successor Trustee (Step
II), for F.H. & L. Development, Inc. (Lake Pointe Manor)
8. Request for approval to support the Recycle Livingston Public Works
Solid Waste Challenge Grant covering the cost for Genoa Township
residents up to a maximum of $1,000.00.
Moved by Ledford, supported by Mortensen, to approve the Consent Agenda
as presented. The motion carried unanimously.
Action Items for Discussion:
9. Consideration of a request to accept a letter of resignation from
Hilda Kirsch after 22 years of service to Genoa Township.
The township board regretfully accepted a letter of resignation from Ms.
Kirsch. McCririe presented a plaque to Hilda honoring her work at Genoa
Township as Deputy Treasurer under Lucille Glynn and as secretary in the
assessing department.
10. Public Hearing on the grant application and presentation of the
site plan for the construction of two soccer fields on the property just
east of the township hall.
The plan includes the construction of two soccer fields on the Genoa
Township Hall site. It also includes a bike path and fishing pier along
with 118 additional parking spaces.
A call to the public was made with the following response: Julie Hall
(Director of SELCRA) – We have 1500 players in soccer recreation. This
will be a wonderful addition to the playing fields already in use. Rick
Zaler – We should also make use of the land for other sports such as
baseball or basketball. Glen Miller – The pond should be at least 18
feet in depth to accommodate fishing. Archinal – Part of the plan is to
dredge the two ponds.
Moved by Skolarus, supported by Mortensen, to approve a resolution of
endorsement for the Township Hall Park Michigan Natural Resource Trust
Fund Grant Application.
11. Continuation of 1st Public Hearing on the Baetcke Lake aquatic
weed/lake control petition. (Please pull related material from your
March 1, 2004 regular meeting of the Board.)
Wendy Peterson presented the request on behalf of property owners of
Baetcke Lake. We have been besieged by incorrect information. This
petition represents the most valuable thing that we own – our homes.
Reference was made to the Township Zoning Ordinance Section 3.7 that
addresses wetland protection. This board has been long on record for
preserving natural resources such as Baetcke Lake. Baetcke Lake is
unique in that it is only one of two lakes that are down in this area.
Our hydrologist talked about the City of Brighton Well, Mt. Brighton,
Oak Pointe and the Jackal as perhaps being the cause of this problem.
Perhaps the liability is from pervious permitting. We, on Baetcke Lake,
have the most to lose. We are committed to the notion that this lake is
not coming back.
The D.E.Q. letter does not say that they are not in favor of
augmentation wells but in fact says that they do not advocate the
implementation of such wells. The Health Department has been out to the
site and said that they will give a permit for a preliminary test well.
We are not in an eight-year drought. Michigan is the second wettest
state in the union. SEMCOG also determined the following: year 2000 –
47” of rain, year 2001 – 44” of rain and 2002 – 35” of rain.
It was first estimated that we would need 43 million gallons of water to
bring the lake back up. That determination was based upon 40 acres. The
lake is actually 35 acres and is up this spring after all the snow
melted. We would now need 19 million gallons of water to return our lake
to normal. Item no. 13 on the agenda will allow for 304 dwelling units
just south of Brighton Road. They will need 48 million gallons of water
each year (drawn from the same aquifer). That water will not return to
the same aquifer but will be piped out of the watershed and down Chilson
Road.
Oakland County implements 53 augmentation wells. We do not want to
improve our property values; we just want to preserve them. Please do
the right thing and pass the resolution as originally presented.
Elizabeth Swift – I have been a resident since 1961 and my family has
owned this property since 1923. You have allowed unbridled development
that has impacted our lake. Triangle Lake has had an augmentation well
in place since the 1960’s. They have used that well for 40 years and not
one well has gone dry.
Peter Liesecki – I have lived here for 20 years. I cannot say anything
more impressive than what Ms. Peterson has said. This situation is gut
wrenching to us. Our marine life is being devastated. Please listen to
the information that is being provided to you. We want our grandchildren
to play in that lake. We need your approval.
Messing – In recent years the lake level of the Crooked Lakes has been
down. Last year it was back to normal. However, Round Lake and Baetcke
are down and they are close together. Perhaps the township should
determine just what is causing this problem. Bill Wernette – A large
amount of ground water is being used for lawns and golf courses. The
township should look into that. Jeff Keeney – I have a 38’ well on
Sundance and I am very concerned. I would expect the township to pay me
should I lose my well. Letters of objection were received from Paul B.
Karty, Richard Zahler and Patricia Petrat.
Moved by Skolarus, supported by Mortensen, to approve Resolution No. 2
for the Baetcke Lake project. The motion failed as follows: Aye –
Skolarus. Nay – Ledford, Smith, Hunt, Combs, Mortensen and McCririe.
12. Public Hearing on the Grand River sewer service special
assessment district for 1200 feet of property along Grand River, west of
Kellogg Road.
A. Call to property owners and the public.
Letters of objection were received from Erwin C. Campbell and Martha M.
Borgen. A letter from Dickinson Wright (attorney for Glen Miller) was
received asking that more of his property be included in the district.
It is estimated that construction will begin in the spring with the
first assessment being included on the December 2004 tax bill.
A call to the public was made with the following response: Cory Bordine
– We are in support of this project. The Township Board took no further
action.
13. Consideration of a request to rezone from AG (agricultural) to
Mixed Use PUD (residential Planned Unit Development) and grant approval
of the Site Plan, impact assessment, conceptual PUD plan, and PUD
agreement as related to a 191 acre parcel (Preserve of Genoa) located
south of Brighton Road and east of Chilson Road, Section 33 & 34,
petitioned by Crescendo Homes as discussed by the
Planning Commission
on 01/26/04. (Please pull information from your March 1, 2004 board
packets.)
A. Disposition of request to rezone.
Moved by Ledford, supported by Mortensen, approving the rezoning as
requested. The motion carried as follows: Ayes – McCririe, Hunt, Smith,
Mortensen, Combs and Ledford. Nay – Skolarus.
B. Disposition of conceptual PUD plan.
Moved by Ledford, supported by Mortensen, approving the conceptual PUD
Plan with the following conditions:
1. Approval by the Fire Department or elimination of their concerns.
2. It will be revised to show front yard setbacks for the attached
residential units.
3. MDEQ confirmation of the status of the wetlands on the site.
4. Requirements of the Township Engineer as stated in their letter dated
January 21, 2004 will be met with the following exceptions or
eliminations:
a. A turning radius of 210 is acceptable.
b. No new traffic impact study will be required.
5. Acceleration and deceleration lanes and bypass and/or turning lanes
in the vicinity of the site will be required by the road commission and
the expense of which shall be born by the petitioner.
6. A bike path shall be constructed along the site frontage at such time
as 90% of the units within the development shall be sold. The township
attorney and staff shall deem the financial mechanism acceptable.
Further, the Township Attorney and the Developer Attorney will negotiate
a settling of the issue of ownership.
The motion carried as follows: Ayes – McCririe, Hunt, Smith, Mortensen,
Combs and Ledford. Nay – Skolarus.
C. Disposition of PUD agreement.
Moved by Ledford, supported by Mortensen, approving the PUD agreement
rezoning with the following conditions:
1. A financial mechanism will be established in the Master Deed and
condominium agreement for the maintenance and snow removal for the
interior roads by the developer and condominium association.
2. Any contamination shall be cleaned up to meet the State of Michigan
residential standards.
3. Approval by the Township Board of the PUD Rezoning Application,
Conceptual PUD Plan, and Impact Assessment
4. Review and approval of the PUD Rezoning Application, Conceptual PUD
Plan, and Impact Assessment by the Township Attorney.
5. A financial mechanism will be established by the petitioner to ensure
sufficient funds will be available when improvements to the Brighton and
Slip Roads intersection are made to restore it to the level of service
existing prior to the construction of the development.
6. Section 2.3 shall have the following added “A left turn and/or bypass
lane and acceleration and deceleration lanes required along Chilson Road
will be constructed at the developer’s expense”.
7. Section 2.4 shall have the following added as the third sentence
“Utility easements satisfactory to the Township Engineer will be
provided and recorded”.
8. Section 2.5 shall read “Developer shall have the right to assign its
obligations under Section 2.4 with respect to installation of a
five-foot wide concrete sidewalk to builders of homes……..”
9. Section 2.6 – the first sentence shall read, “The PUD will be
developed with public sanitary sewers and water mains as approved by
Genoa Township Standards, subject to ……. “
10. Section 2.6 shall have the following sentence added, “In addition,
the PUD development will be part of a special assessment district for
the upgrade of the water and sewer systems”.
11. Section 2.8 shall be deleted.
12. Section 3.2, second sentence shall read, “The Township will exercise
its best efforts to complete such sanitary sewer and water improvements
on or before _____________”. The remainder of the section shall be
deleted.
13. Section 3.3 shall read “The Township shall accept water and sewer improvements, exclusive of roads, dedicated to it by Developer…”
14. The following sentence shall be added to the end of Section 3.4.
“Two-story, single-family homes will be a minimum of 2,500 square feet
and ranch-style homes will be a minimum of 2,000 square feet.”
15. Section 3.5 shall be changed to read, “Final Site Plan review by the
Planning Commission will be a public hearing”.
16. The following sentence will be added to the end of Section 4.3.
“Condominium by-laws shall include provisions for landscape maintenance
and replacement”.
17. The following sentence will be added to the end of Section 5.1. “The
Master Deed and condominium association rules will be reviewed by the
Planning Commission and Township Attorney at the time of Final Site Plan
approval”.
18. No street lights will be permitted, except at the entrance sign.
19. The following sentence shall be added to section 6.1 “No detached
accessory buildings shall be permitted on any lots”
20. Section 6.2 shall be changed to read, “All decks may extend a
maximum of 15 feet into the rear yard and will conform to principal
structure side yard setbacks.
21. Section 6.4 shall have the following second and third sentences
added, “Two-story, single-family homes will be a minimum of 2,500 square
feet and ranch-style homes will be a minimum of 2,000 square feet. At
least 75 percent of the front and 50 percent of the sides and rear
facades will be brick”.
22. The final Site Plan shall designate conservation areas and the
Master Deed shall provide for the preservation of these areas in a
natural state in perpetuity through legal mechanism such as a
conservation easement.
23. The township attorney will review and approve the final agreement
before adoption.
The motion carried as follows: Ayes – McCririe, Hunt, Smith, Mortensen,
Combs and Ledford. Nay – Skolarus.
D. Disposition of impact assessment.
Moved by Ledford, supported by Mortensen, approving the impact
assessment with the following conditions:
1. Dust control measures to be utilized during construction shall be
added.
2. Section F shall read, “The development is expected to produce 300 new
homes producing about 1,050 residents. (Assuming 3.5 persons per home)
and there will be a corresponding impact on schools, fire and police
services, and traffic.
The motion carried as follows: Ayes – McCririe, Hunt, Smith, Mortensen,
Combs and Ledford. Nay – Skolarus.
Moved by Mortensen, supported by Ledford, to allow a correction to
the liquor license granted to Bennigan’s. The new approval shall
read “The Sweet Onion, Inc. doing business as Bennigan’s Restaurant”.
The motion carried unanimously.
The public hearing and regular meeting of the board was adjourned at
9:10 p.m.
Paulette A. Skolarus
Genoa Township Clerk
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