Township Board Minutes – July 1st, 2010 (Special Meeting)

 

 

SPECIAL MEETING – CAR WASH SITE PLAN W/ 7 REQUIREMENTS

 

Meeting was called to order by Supervisor Wagner at 6:00 PM July 1st, 2010.  Pledge of allegiance was conducted.  Present were Rice, Peterson, Wagner, Gurr, and Teague.

 

Public Comment

Public comment from Bill Hess asked about the charter of the board and criteria used to review site plan.

Public comment from Jennifer Swan asked about proposed buildings on site plan and whether or not they would be considered part of the site plan review.  Requested that commercial lot be surveyed and corners located with concrete monuments.  Asked if there had been a soil erosion permit granted for the grading done at the car wash site.

Public comment from Morgan Swan, attorney, mentioned the inadequacy of the proposed white pine plantings in the setback areas.  Suggested the hours of operation of the car wash be from 9 AM to 5 PM.  Mentioned the inadequacy of the $10.000.00 performance guarantee.

David Hulefeld requested that the township board deny the permit to build the car wash on the basis of  health and safety concerns for the groundwater (neighborhood wells) and Torch Lake water quality.  Mentioned that the landscaping was minimal in the site plan proposal, that the vacuums are listed as outside on the site plan proposal and should be inside, the hours of operation should be 8 AM to 9 PM, there is no proposed monitoring of the biological system for recycling the waste waster and that the township board should require legally binding documents for the waste hauling manifests for the car wash owner/operator.

Rick Huelfeld requested that the lighting at the car wash should be directed downward to protect the night sky, who would bear the expense of  a cleanup if contamination occurred in the ground water and Torch Lake and money should be set aside for clean up for the long term, and the monetary amount of the performance quarantee is inadequate.

Jim Swan requested the township board to deny the permit for the car wash and refer the site plan back to the planning commission.

Dan Soenen mentioned the inadequacy of the performance quarantee and that this was not a good site for the car wash because of the proximity to Torch Lake and that there are other commercial sites further away.

Supervisor Wagner recessed meeting at 6:25 PM until Township lawyer’s appearance.  Meeting reconvened at 7:02 PM.  Public comment continued with Bob Robbins who requested that the township board deny the permit for the car wash because of new information made available from Chris Grobbel’s technical review of other biological systems used by other car wash businesses.

Dan Soenen asked what is the township going to do in the event there is groundwater contamination?

Supervisor Wagner asked zoning administrator Guy Molby for an update on the zoning ordinance violation (Section 2.08) and Helena Township Junk Ordinance #12-10-98B) at Pixley’s commercial property.  Molby replied that a list was sent by certified mail and that Pixley had 30 days from the receipt of the certified letter to comply.  Molby is satisified that Pixley will comply and items will be removed from property that are in violation.  Chris Bzdok informed board that zoning administrator could ticket zoning ordinance violator every day until in compliance.

Speakers included Gary Ford, Jozwiak engineering, and Jan Verwater from Pro Pak.  Gary Ford representing Alden Enterprises indicated that Alden Enterprises intends to comply with the additional conditions.  Indicated that there are benefits to  car wash service by capturing waste water and recycling the water which home owners cannot do.

Indicated that the sludge waste will be hauled to permitted landfill by licensed hauler;

A-1.

 

Jozwiak reported that there are no standards for the concrete septic tanks used underground for the Pro Pak waste water recycle system.  Liner and underground concrete septic tanks will be tested for leaks.  Test results and certification results will go to Zoning Administrator/Township.  Sludge collected will be taken to type II landfill by A-1 waste hauler who is fully insured.

 

Jan Verwater explained waste water recycle system.  Pro Pak system utilizes gravity separation (hydrocyclones) for sand and clay and a bio reactor to break down hydrocarbons with a one year warranty.  TDS (total dissolved solids) and pH are continuously monitored.

 

Supervisor Wagner then informed audience that the board would discuss the seven requirements and review the latest updated site plan and that there would not be any comments or questions taken from the audience during the board’s discussion.  Chris Bzdok, attorney, retained by township was present.  Discussion of the seven requirements/conditions followed with details added under each requirement/condition.

 

Requirement #1  Landscaping and screening on West and North side of

                                commercial  property

  1. West side of commercial property containing car wash site will have an earthen berm that is eight feet in width (minimum) at the base and four feet in height.

<!–[if !supportLists]–>v     <!–[endif]–>The earthen berm landscaping will have plantings at recommended spacings taken from the Antrim County Soil Conservation District’ list of native perennial plants and trees to provide a complete visual screen along with the earthen berm.

<!–[if !supportLists]–>v     <!–[endif]–>An irrigation system (drip) will be installed in order to provide water to plantings.

 

  1. North side of commercial property containing car wash will have an earthen berm that is eight feet in width at the base and four feet in height.

<!–[if !supportLists]–>v     <!–[endif]–>The earthen berm landscaping will have plantings at recommended spacings taken from the Antrim County Soil Conservation District’ list of native perennial plants and trees to provide a complete visual screen along with the earthen berm.

<!–[if !supportLists]–>v     <!–[endif]–>An irrigation system (drip) will be installed in order to provide water to plantings.

 

  1. South side of commercial property containing car wash has an existing fence that is to be repaired or replaced.

 

Requirement #2   Vacuums must be inside

<!–[if !supportLists]–>1.      <!–[endif]–>Kiosk with vacuums shown on site plan revision 06/24/10 shall be removed and the vacuums will be shown enclosed inside car wash building in revised site plan.

Hoses for the vacuums may extend outside.

 

    Requirement #3   Applicant will provide standards for tanks, EPA

                                   and MSDS sheets on chemicals used

  1. No standards available for concrete septic tanks to be used for underground

storage of waste water and sludge.  MSDS sheets of the chemicals proposed to be

used were made available to the township board.

  1. Pro Pak to pre test chemicals used by car wash and approve them prior to start up

of car wash

  1. Revised site plan shall indicate where chemicals are stored and their

identification.

  1. In the event of a spill, chemical (s) will be contained – drain from building to

sludge tank.

 

    Requirement #4    All permits will be secured from agencies not yet signed off

  1. All copies of all permits secured for this car wash will be kept on file by the clerk

of Helena Township as part of the permanent record.

 

    Requirement #5    Hours of operation

  1. Hours of operation of the car wash will be from 7:00AM until 10:00 PM.

 

    Requirement #6     A performance guarantee will be in place

  1. Chris Bzdok, attorney, retained by Helena Township, is to craft a performance

guarantee to cover construction of the car wash, site improvements and the seven

requirements with details with the  dollar amount and conditions.  The Helena

Township board will make the final approval of the performance guarantee

amount.

 

  Requirement #7     Storage tanks will have exterior secondary containment to

                                     insure contents do not escape

  1.  A 40 mil liner will be in place beneath the three 1600 gallon tanks and the 3300

gallon sludge tank.  The liner will be checked for leaks prior to the setting of the

four tanks and certified. Zoning administrator to be present to witness and

document testing.  Test results and certification to be sent to Township.

  1. Documentation of the service life of the liner to be provided to zoning

administrator and copy to Township.

  1. Liner to be replaced after 75% of service life.
  2. Four moisture detectors will be installed underneath tanks (one under each tank)

in the sand prior to the setting of the tanks.  Certification to be sent to Township.

 

  1. The four underground concrete septic tanks will be tested for leaks after being set

in the bed of sand containing the moisture detectors.  The four tanks will be

completely filled with water for at least 24 hours and readings will be taken

             utilizing the moisture detectors as well as visual confirmation that the tanks

             do not leak.   Zoning administrator to be present to witness and document

testing. Test results and certification to be sent to Township.

 

    Site Plan discussion and site plan to show heated equipment room with location of

bio-digester and three 750 gallon tanks.  Review lighting plan on site plan.

 

A motion was made by Gurr with support from Rice that the board wants to review the performance guarantee and seven requirements with revised site plan before final vote is taken.  Vote was taken with four ayes and a no from Peterson.

 

Meeting was adjourned at 10:15 PM.

 

Respectfully submitted, Helena Township Clerk

 

David G. Peterson Jr.