Charter Township of Lyon. Board of Trustees Regular Meeting Minutes August 7, 2017

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1 Board of Trustees Regular Meeting Minutes August 7, 2017 The meeting was called to order by Supervisor Dolan at 7:00 p.m. Approved: SEPTEMBER 5, 2017 Roll Call: Lise Blades Patricia Carcone Michele Cash John Dolan Kristofer Enlow John Hicks Sean O Neil Guests: 24+ Also Present: Tina Archer, DDA Chris Doozan, McKenna Associates Jennifer Elowsky, Township Attorney Leslie Zawada, Civil Engineering Solutions, Inc. APPROVAL OF CONSENT AGENDA Approval of Regular Meeting Minutes of July 5, 2017 Approval of Disbursements Building Department Report for June 2017 Fire Report June 2017 Zoning Report July 2017 Motion by Cash, second by Carcone To approve the consent agenda as presented. Roll Call Vote: Ayes: Dolan, Blades, Enlow, Hicks, O Neil, Carcone, Cash ANNOUNCEMENTS AND COMMUNICATIONS Ms. Andromeda Jones & Mr. Ben Wolak from South Lyon East High School provided a presentation regarding the protection of our water in two short Public Service Announcements Board of Trustees August 7, 2017 Page 1

2 Supervisor Dolan commented that the generator is going to be installed so the Township Hall will need to be closed on the 15 th so the power can be shut down. Treasurer Carcone reported they will be going out for a limited tax general obligation bond for the water system and every time the Township does that they are rated by Standard and Poor s. She is pleased to announce Lyon Township retained their AA+ rating. Also, the legislature approved a statuary revenue sharing for Cities, Villages and Townships and it is a onetime supplement of 6.2 million dollars that will be distributed on a per capita basis. Lyon Township will receive $11,810 in their revenue sharing for the fiscal year Trustee Hicks reported in 1955 Tokyo telecommunications sold its first transistor radio, now known as Sony. He also noted the Township website needs some attention and he would like to have some discussion regarding that on the next agenda. CALL TO THE PUBLIC Crystal Mink, Coach Lane She explained they are having difficulty with water management on their property. They have talked a little bit with Mr. Spencer. She brought in the grade certificates. She s not sure how to proceed. There is water on their property that is not draining well. There was a retention wall put in, they know the retention pond has flooded in the past. The water is not getting down to the retention pond. The grade certificate does not match their property. The water is much worse in the heavy rains. They are worried it will freeze in the winter and break up their patio. Mr. Spencer had explained to them their house couldn t be a walk out. She also noted their grade certificate was not at the Township. Frank Saporas, Tara Drive He expressed his concern with Dandy Acres they left their home at 8 am because the dogs were just outrageous, the noise is awful. REPORTS DDA Ms. Archer provided status updates for the business going on in the DDA. Fire Chief Chief Van Sparrentak reported phase one of the concrete work was done today. He introduced new fire fighters and explained they have met all requirements and are exceptional fire fighters and a credit to the department and community. He presented their badges to them. He also reported that he had the honor of placing a wreath on the Tomb of the Unknown Soldier on behalf of the Lyon Township Fire Department. He commented it was a great honor to be part of that ceremony and represent this community and department. Sheriff None Planning Commission Treasurer Carcone brought the Board up to date regarding the last Planning Commission meeting. ZBA None Park Advisory Board Trustee Blades brought the Board up to date regarding the last meeting. Board of Trustees August 7, 2017 Page 2

3 APPROVAL OF AGENDA Motion by O Neil, second by Hicks To approve the agenda as presented. Voice Vote: Ayes: Unanimous UNFINISHED BUSINESS A. Approval to Hire DPW Director and Establish Salary Supervisor Dolan explained there were 4 applicants and they interviewed two. The committee arrived at a salary of $65,000. The applicant requested 3 weeks of vacation time. He also noted this applicant has a lot of certifications and he requested that his certifications stay up to date. After discussion, the Board members were all in support of the requests made and felt that the candidate will be a great fit given the amount of experience he has. Motion by Enlow, second by Carcone To make a formal offer to hire a DPW Director, Robert Martin, with an annual salary of $65,000 with 3 weeks vacation and monies necessary to continue the education and certifications that this individual has. Including standard Township benefits. Roll Call Vote: Ayes: Enlow, Hicks, O Neil, Dolan, Blades, Carcone, Cash Mr. Martin accepted the offer and stated he is very honored by the offer. He is looking forward to working for this community. NEW BUSINESS A. Artesian of Pioneer Water Discussion Mr. Kidston explained things are moving along. Tower number 1 is a good location and it will be close to the center of the township. Preliminary modeling was done on the southwest aquafer and they could sink one or 2 more wells. It will need to be confirmed through further testing and provide documentation to DEQ and that will take 3-4 months. The drawings are about 75% complete, and within two week they will be submitting to DEQ for the first go around. Mr. Kidston briefly reviewed blueprint plans with the Board. Mr. Kidston confirmed they can always add on if needed in the future. All the main Board of Trustees August 7, 2017 Page 3

4 underground components are already 40-50% bigger because of the township s growth and they probably will want to add on at some point. The Board thanked Mr. Kidston for his update. Trustee O Neil suggested adding a discussion item to the agenda that would include a car and equipment for the new DPW Director. Motion by O Neil, second by Carcone To add item F. DPW vehicle and equipment to the agenda. Voice Vote: Ayes: Unanimous B. Copperwood Planned Development AP Minor Amendment Kroger Representing Kroger: Matthew Pisko David Koppenhafer Mr. Doozan referred to the McKenna Associates memo dated July 21, Following deliberation, the Planning Commission approved a motion to recommend approval of the Copperwood Planned Development minor amendment, subject to the following conditions: 1. The existing dumpster screening must be repaired (repairs are complete). 2. Outdoor display shall be limited to seasonal produce items (corn, apples, apple cider, fresh cut watermelon in an ice caddy, Michigan grown vegetables, fresh organic items (applies, etc.), fall squash, summer peaches and nectarines, and bulk oranges and citrus), floral (fall mums, spring annuals, Boston ferns, tropical show plants, flowering hanging baskets, perennials, Christmas wreaths), and Christmas grave blankets, but excluding Christmas trees. 3. The outdoor seating area shall be enclosed with a combination of bollards and fencing (shown on revised plan). 4. Approval shall be subject to the review letters from the Township Engineer, Township Attorney, Fire Marshal, and Township Planner. 5. An amended Planned Development Agreement shall be submitted for review and execution, as described (provided by Township Attorney). Ms. Zawada referenced the CES memo dated July 31, She explained should the Board approve the PD Amendment, detailed engineering plans should be submitted and there are a few items that need to be addressed. Mr. Pisko explained they have complied with all the issues raised at the Planning Commission meeting. Board of Trustees August 7, 2017 Page 4

5 Trustee Blades clarified that the outdoor seating would comply and would not face residential. Mr. Pisko stated it would not be visible to any residential zone, it faces northwest. Trustee Blades questioned if there would be smoking allowed? Mr. Pisko stated it is probably a question for operations but he didn t know if they could regulate smoking outside. Trustee Blades stated if there is a way to discourage smoking she would appreciate it. Supervisor Dolan questioned the easement for the traffic signal. Ms. Zawada stated the easement has not been secured yet but they are close. Dave Koppenhafer explained this has been a long process in regard to the traffic signal. He confirmed they are interested in building the traffic signal. Trustee O Neil stated it s critical to maintain that 4.5 feet of space and keeping that sidewalk clear. Trustee Enlow agreed and he appreciated that the dumpster screening has already been fixed. Motion by O Neil, second by Hicks To move AP minor amendment for Kroger Copperwood PD to 2 nd reading and reference the CES memo dated July 31, 2017 and the McKenna Associates memo dated July 21, Roll Call Vote: Ayes: O Neil, Dolan, Hicks, Cash, Carcone, Enlow, Blades C. Hidden Forest Condominiums Special Land use; AP-17-24b Representing Hidden Forest: Dan LeClair, Greentech Engineering Mike Burke, Healy Homes Mr. Doozan referred to the McKenna Associates memo dated July 25, He explained on July 24, 2017 the Planning Commission considered the proposal for Hidden Forest and unanimously approved a motion to recommend approval, subject to the following conditions: 1. The landscape plan must be revised to select alternate species for the Cleveland Select Pear and Norway Maple street trees. 2. Recommendation that a playscape, picnic facilities, and benches be provided in the open space adjoining lots 22 and 29. Consistent with the Planning Commission s recommendation, he recommended that the Township Board approve the special land use for Hidden Forest, AP-17-24b provided that the above two issues are satisfactorily resolved. Board of Trustees August 7, 2017 Page 5

6 Mr. LeClair provided a power point presentation. The average lot sizes are consistent with those lots that adjoin the Lyon Ridge development. They are proposing to fill just under a 1/3 of an acre of wetland. Lot 29 has an isolated wetland in that location and they will take the whole thing. They added some park benches for open space amenities. They will do more than this but they didn t want to commit themselves now. They are hoping to see what the customer base is before doing more site amenities. The north property line backs up to the Lyon Ridge development and there are some drainage problems in the rear yards, they will correct the drainage issues during the detail engineering process. There is currently some vegetation along the north property line, and they will use some replacement trees in that north line. Along the west property line they will also provide a row of trees to provide additional screening. Mr. LeClair noted that a letter was submitted responding to Mr. Doozan s concerns. Trustee Hicks questioned if it would be Lyon Ridge s responsibility to irrigate the reseeded areas and he wondered if there are irrigation systems in place. Mr. LeClair stated he didn t know but he did walk the rear yards and if there are irrigation systems and those systems are disrupted then they would have to fix it. It would be their preference to have the residents waters the areas. Treasurer Carcone stated she would like to see sod for the properties to the north. Mr. Burke agreed. Trustee Blades stated she is not confident the underlying density of the parallel plan is accurate. She questioned the 25 wetland setback. She noted at least 3 different places where the sidewalk goes into that 25 setback on the parallel plan. Also, there is a subdivision ordinance that states a minimum length of blocks shall not be less than 500 in length and there are several places where a block would be less than 500 so it calls into question the number of lots that could be placed on this property. She also pointed out at least 5 lots where there would be headlight glare going into a building envelope on a lot. She has serious concerns about the overall accuracy of the number of lots that they could put on this property. She is also concerned regarding all the trees that are being taken out without reason. The purpose is to preserve the beauty of the Township and provide open space and scenic vistas and she does not see that when these trees are being removed when they have nothing to do with streets, utilities or building envelope she found it ironic it s called Hidden Forest. She did not think it was good special land use. Trustee Enlow focused on the special land use, he was looking for the average size lot development, how does this provide the 5 criteria in Mr. Doozan s letter? Mr. LeClair stated when they submitted this parallel plan there is a lot of work because of the cumbersome process it takes to present a plan without going through the whole process. This parallel plan meets all the geometric requirements of the ordinance. The parallel plan would require a permit from the MDEQ to fill wetlands in order to create sidewalks, roadway crossings and buildable areas. This parallel plan is something that could be built. Regarding trees, it s very difficult to save trees especially in the lots. They have neighbors that are having trouble with drainage due to trees. The vistas from 9 Mile Road will be the entry road. This property is hidden from 9 Mile Road and Board of Trustees August 7, 2017 Page 6

7 they feel for this piece of property this is a very good plan. Trustee Enlow has concerns over the 13 lots or 41% that will have restrictions for decks or pools within the wetland setback. Mr. LeClair stated those 3 lots do infringe and plot plans have been done for those lots, pools are difficult. They do understand there are design constraints that the homeowners will have to live with and are noted on the plans. Trustee Enlow questioned the pathway between lots 19 and 20? Mr. LeClair stated it will be a concrete walkway, and will come upon an existing driveway through an easement that will be shared with a water main and will come out and tie into a sidewalk on 9 Mile. Trustee Enlow stated he believed the paving stops just south of Chubb Road and he wondered if they could consider extending the sidewalk. Mr. LeClair stated they are not proposing that. Trustee O Neil stated he shared some of the same concerns. If the density number is 32 he would prefer more open space and a lot of this open space is not usable and is around wetlands and basins. There is always a concern for the first house in and it s really close to the road, have the houses set further back, if there was a parcel to close, number one should go and then stretch out lots 2, 3 and 4. There is a big block at the north end where there isn t a lot of open space and it s not contiguous open space. Treasurer Carcone stated the Planning Commission had the same concerns and they wanted to make sure the residents to the west were taken care of and the residents along Aspen Drive. She liked the parallel plan with the two cul de sacs. Trustee O Neil questioned the concern the Planning Commission had regarding having a tot lot or a play scape. He questioned where they envisioned this being placed. Mr. LeClair explained they thought it would be between units 22 and 29 since it is interior to the site and away from 9 Mile Road and it s convenient for all the residents. They would like to see what their customers are and adjust accordingly. Mr. LeClair stated they feel the parallel plan would require them to do a wetland impact study just like the proposed plan. If they were to build the parallel plan they would submit to fill that. They have had discussions in the past about filling wetlands to create a 25 setback, and in his opinion, the 25 setback is to provide a grass buffer, a grass area is a key component of that. They try to not artificially fill wetlands in order to create a 25 setback. This project does a good job in minimizing the impacts to the wetlands. Mr. LeClair stated upon approval, they would go to the road commission, drain commission and DEQ for their permits. Trustee Enlow questioned the size of homes. Mr. LeClair explained they indicated the proposed home sizes will be between square feet and they will offer both ranches and two-story homes. Eric Stubenvoll, Aspen Drive He is directly to the north of this development. He was present at the Planning Commission meeting and he expressed several concerns, regarding the layout, greenbelt space, drainage and watershed issues. He thanked Ms. Zawada for visiting and she saw the improper grading of serval yards and expressed the need for Mr. Healy to fix the issue with the regrading of their properties. He appreciated the sod vs. reseeding. The response from Greentech provides fault and Board of Trustees August 7, 2017 Page 7

8 liability of failing to meet the grade responsibilities of the yards. The proposed solutions provided add at least a year to the timeline and it s unacceptable, while the development may pass they cannot predict future events that could push back or cancel the development. All of them have irrigation and nowhere does it say the irrigation will be replaced during regrading and that would need to happen. Healy Homes has admitted to not completing development of their current properties. This Board needs to make that work and make it right ahead of this development. It is his hope that the Board would satisfy their needs. He asked that they place a requirement on the developer for a full regrading of their properties immediately, replacement of any irrigation needs that should not have to coincide with future development. The regraded property needs to have sod and not seed and any berms and trees planted prior to construction. They were sold these lots as premium wooded lots and they should not have to wait for their wooded environment on a future time line in Hidden Forest. He hoped this would be enforced by a strict time line and professional landscapers. Should the developer not agree, he is asking for enforcement of payment be made. Josh Berg, Aspen Drive He is on the northwest lot. The trees are a big concern. They were presented with wooded lots and paid premiums for those lots. It s hurtful, they spent time and money and they want it preserved. He hoped that the Board holds them accountable to finish this up accurately. Finish the tree line as it abuts to their property in the north line. He has seen other developments as they were finished and this is not acceptable. Tracy Tullis, Aspen Drive She stated the developer should be held to putting the trees in. She lives across and next to the common space. She was assured when they closed on their property that the easement next to her would have the garbage removed and seed planted. Another year came and went and it wasn t graded properly and only 50% of the seed has taken, she filled 2 garbage bags full of torn up silt screen, chunks of metal and plastic. She wanted some guarantee that it would be finished appropriately and made to look nice. Crystal Mink, Coach Lane She commented that their builder was also Healy. She questioned if it is possible to do a French drain, in addition to re-grading, are there other options that could be explored. Ms. Zawada explained the Lyon Ridge lots that are north of here don t have a rear yard storm sewer which are the root of the whole issue. It s a requirement now that all lots have all rear yard storm sewers which do require more trees clearing to do that. This proposed development will resolve the Lyon Ridge drainage issue. Healy Homes tried to create a swale but it really didn t go anywhere. If this project is approved, the project should be mass graded first and then grade the rear of the north lots so they drain into the proposed development and that would solve the issue. She would expect a survey of the Lyon Ridge lots to make sure it s going to work and that it s built properly. Mr. LeClair stated mass grading the overall site has different equipment than what they would want to bring into the north lots so it may not happen concurrently but it will happen close to the same time. During that time, there will be some time that they may get some ponding back there once the storm sewer system is installed then everything should start to function. He confirmed they would fix/replace the irrigation system if they Board of Trustees August 7, 2017 Page 8

9 are disturbed. Given the approval process they are looking at mass grading this year, most likely he felt the grading in the north will be done in the spring. Trustee O Neil confirmed their plan will address the drainage concerns, restore yards and irrigation systems. He would like them to sit down and take care of the open spaces these residents are concerned with. Mr. Burke agreed. Mr. LeClair stated he didn t want to promise a berm and create a drainage issue; he would like to get further into the engineering plan. Trustee O Neil stated if it can be bermed he would like that to happen, if it s not being bermed it should be planted out per the plan. Mr. LeClair stated when he gets into the design with the rear yards, they can customize every lot, some areas may have to have a swale and some areas they might be able to put a berm there to create delineation. Trustee O Neil stated he would rather not have a tot lot and put more attention into the landscaping. Mr. Burke stated one concern with trying to berm, is that it may cause them to lose some of the trees they are trying to save. They will pick and choose, there is already an existing swale and they want to funnel that into the basins. Creating a berm may be prohibitive and they could lose some of the trees they are trying to save. The trees have to fit the roads, homes and utilities and they will replace the ones that are removed. Mr. Burke stated they do have grading certificates on the lots, the homes were built by Healy Homes but the development was not. They are willing to make sure the yards drain, most of the year the yards work well, but when there is a heavy rain the water doesn t leave. The lots are graded at or exceeding 2% from one side of the adjacent north side to the other end but the water doesn t go. They tried to save trees in the yards and they were grading around them and it just doesn t work. Had they clear cut those yards they could have done a better job with the grading. Now with this Lyon Ridge development they have the ability to put in catch basins. They have the ability to get those rear yards to drain to a basin. Trustee Blades commented it seems like a ridiculous number of trees that are coming out for no reason. She does not see how this meets the criteria of a special land use. Crystal Mink She commented that the sidewalk that goes along the wetland in her subdivision is an awesome space. Mr. Burke stated they are putting a sidewalk in that will wind around and get to 9 Mile. Josh Berg He commented there is a lot of open ended answers; he hears a lot of misleading information. Every employee told them a different story when they were sold their homes, how much will the Township hold the builders accountable. He is concerned because if this sub wasn t going to happen then nothing would happen in their sub; we wouldn t even be talking about their drainage issues unless this sub was planned. Ms. Elowsky explained from a legal perspective the Board is looking at a special land use for Hidden Forest and they can only do so much about Lyon Ridge. The conditions associated with special land use, its good this is the same developer/builder so they can tie in. It will take extra work and that is not something the Township can get involved in with Hidden Forest. Board of Trustees August 7, 2017 Page 9

10 Treasurer Carcone explained they were not aware of any drainage issues and she feels bad about that. Eric Stubenvoll He commented that the inspector knew about the issue because they approved the lots before certificate of occupancy. While the grade may meet the code, common sense dictates that it never should have passed inspection. The inspectors need to be looking at this and it s clear that they weren t. From his yard to the neighbors to the east there was almost a 12 straight drop off from their yard to his yard. That lot never should have passed inspection. Motion by O Neil, second by Cash To approve special land use AP-17-24b, subject to all comments and conditions of the Planning Commission, Township Board and the review comments, including the offsite work that was discussed this evening regarding buffering, drainage and grading with the expectation that those further details will be included in the site plan for consideration at a later date. Including the letter from Greentech dated August 3, 2017 and the assurances made in that letter with the change that the existing irrigation systems will be handled by Healy Homes/Lyon Ridge development and that sod will be used at the beginning phase of the development. Roll Call Vote: Ayes: Cash, Carcone, Dolan, Hicks, O Neil Nays: Blades, Enlow D. Discussion of Miscellaneous Pathways and Sidewalks Ms. Zawada referenced the CES memo dated July 27, She explained she has been working with Rick Elkow, Echelon Home Builders, to obtain prices from his contractor of what it would cost to install the sidewalk along Pontiac Trail. The hard cost of the estimates was $40, The sub-contractors cost total $39, She also explained the second project is to fill in gaps on 11 Mile which would allow walkability from Hornbrook to Eleven Mile Road. The revised estimate is $186, Treasurer Carcone noted there is $350, in the trailway bike path account as of today. Trustee Enlow stated in 2012 they had a pathway subcommittee and they had come up with a priority list for the sidewalk pathway system and the Eleven Mile came to the top of the list. Trustee Blades explained after further discussion a better place to utilize the money would be to go to the Eleven Mile section. She felt this section would be very beneficial. She also spoke to Chenna Burton from the Transportation Department at South Lyon Community Schools and she had mentioned if there is a way to get a sidewalk in front of Stancrest it could help Hornbrook residents walk to Pearson Elementary. Board of Trustees August 7, 2017 Page 10

11 There was discussion regarding the ever-changing bids and the suggestion of bundling projects with bigger projects. The Board agreed the Eleven Mile sidewalk was a priority and decided to move the project forward. Motion by Blades, second by O Neil To request a topographic survey and engineering design for the sidewalk along the north side of Eleven Mile along with the pursuit of easements not to exceed $18,000. Voice Vote: Ayes: Blades, Enlow, Hicks, Dolan, Cash, Carcone, O Neil The Board decided not to move the Pontiac Trail sidewalk forward at this time. E. Pathways in the Park Bid Results Ms. Zawada referenced the CES memo dated August 1, The project was publicly re-bid after the June Board meeting and the bids were opened on July 26, Two bids were received; the low bidder was Anglin Civil, LLC with a base bid of $198, and an Alternate #1 bid of $416, The second low bid was San Marino Excavating, Inc. with a base bid of $213, and an Alternate Bid #1 of $441, She explained this was not what she expected with the bids. The issue is that the bidders have explained it is difficult to get to these sections and they are very tight. She felt that the northwest section of the pathway is actually in good condition and just needs some minor maintenance. The southeast section is still a priority but she would have expected the bid to be about $80,000. She stated she does not feel good with the bids. There was some discussion about bundling this project as well. Mr. Swain also felt it wasn t the biggest bang for their buck. Ms. Zawada suggested re-bidding the project in the winter. The Board decided not to move forward at this time due to the price and try to re-bid it one more time. The approved park budget for this improvement was a total of $250, Motion by O Neil, second by Carcone To reject the bids for the pathway in the park. Voice Vote: Ayes: Unanimous Board of Trustees August 7, 2017 Page 11

12 F. DPW Vehicle and Equipment Trustee O Neil explained this position will require a heavy-duty truck and tools. Supervisor Dolan stated he will have a conversation with Mr. Martin and find out exactly what will be needed and he will bring that information back to the Board. RECESSED INTO CLOSED SESSION Motion by O Neil, second by Cash To move that the Board meet in Closed Session under Section 8H of the Open Meetings Act to consider material exempt from disclosure under Section 13-1g of the Freedom of Information Act which exempts from public disclosure information or records subject to the attorney client privilege at 10:25 p.m. Roll Call Vote: Ayes: Cash, Carcone, O Neil, Hicks, Enlow, Blades, Dolan Motion by Carcone, second by Cash To reconvene the regular board meeting at 11:02 p.m. Voice Vote: Ayes: Unanimous Motion by O Neil, second by Cash To direct the Supervisor and Attorney to move ahead as discussed in Closed Session. Roll Call Vote: Ayes: O Neil, Hicks, Enlow, Blades, Dolan, Cash, Carcone Motion by Carcone, second by Cash To adjourn the regular meeting at 11:02 p.m. Voice Vote: Ayes: Unanimous Board of Trustees August 7, 2017 Page 12

13 The Board of Trustees regular meeting was adjourned at 11:02 p.m. due to no further business. Respectfully Submitted, Kellie Angelosanto Kellie Angelosanto Recording Secretary Michele Cash Michele Cash Lyon Township Clerk Board of Trustees August 7, 2017 Page 13