MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD MAY 9, 2005, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by
Pledge
of Allegiance to the Flag
Roll
Call
Present:
Absent: none
#050509-01 - Public Comments
Harold Bowen, 9033 West KL Ave., Kalamazoo,
commented about the special use permit application for Michelle Bowne, his
daughter. He said that he obtained legal
council and found that the fence could be allowed if legally mandated by the
Township. He said that Dykema Excavators
have no legal standing because they own no property. He said that only a property owner would
bring action. He said that the fence was
not a part of the question.
Michelle Bowne, 916 Fairwood Ct., said that the
Planning Commission accepted misrepresentations and based their decisions on
these allegations. She thanked Dale Mohr
for visiting her street to observe. She
said that if the Township approved the special use permit, the fence would be
legally mandated. She said that she has
spoken with legal representation and they agreed that the fence would be
legally mandated if required by the Township.
She said that the planner’s review was not correct regarding the number
of employees she has and she only has four with two at a time. She asked that a copy of her letter be put in
the minutes.
Angie Kopczynski, 8412 Golfside Dr., said that she
takes the way past Michelle’s home and there are never toys left in the front
yard or loud noises, and Michelle always picks up the toys.
Ms. Hamilton, 8613 Shadowbrook, said that the
planner’s notes from the last Planning Commission meeting are inaccurate and
that Michelle has only four employees with two at a time and not seven. She said that the Road Commission had looked
at the turn around and that it would be fine.
She said that the planner said that there would be additional cars, but
some children are from the same family.
She said that there wouldn’t be extra noise because some of the children
are infants. She said that this was
personal because she uses the daycare and there are never more than three
vehicles at the home, including Michelle’s car, due to coming at different times. She said that there was not bumper to bumper
traffic and the toys were always picked up.
Michelle Woods, 8936 Little Bass Lane, Zeeland said
that she was a parent that uses Michelle for daycare and was an educator at
Bauerwood Elementary School. She said
that there was no issue with traffic and normally only one car was in the
driveway at a time. She said that the
traffic concerns were silly. She said
that her son loves the daycare. She said
that when she finds a good daycare, she would fight to keep it and would not be
an educator if Michelle didn’t provide her with daycare.
Allan Campbell, 1586 Beechwood, said that the dogs
and cats ordinance was silly and should be put on the ballot. He was concerned with enforcement and said
that it was unfair to burden people who let cats out.
Linda Nyenbrink, 8020 Greenmeadow Ct., asked about the neighbors that
complained. She said that she has a
child at the daycare and the complaints are fake because there is no problem
there. She said that Michelle lists the
rules and is concerned with safety. She
said that Michelle should be able to put in a fence for child safety issues and
it would add value. She said that the
neighbors should not govern this.
#050509-02 - Approval of
agenda as
presented for May 9, 2005
Moved by Dale Mohr, seconded by Daniel Carlton, to
add an item to accept a bid to pave an area at the cemetery.
Yeas:
Nays: none
MOTION CARRIED.
Moved by Richard VanderKlok,
seconded by
MOTION CARRIED.
#050509-03 - Communications,
letters and reports: Received for information, to be filed:
Moved by
A. Code
Enforcement Officer’s April 2005 Monthly Report
B. Fire
Department Monthly Report for April 2005
C. Planning
Commission minutes of May 4, 2005 (action item)
D. Planner’s
Comments for the May 4, 2005 meeting
MOTION CARRIED.
#050509-04 - Consent agenda
a. Approval of minutes
of the regular board meeting held on April 25, 2005
Moved by
Dale Mohr, seconded by Daniel Carlton, to approve the consent agenda as
presented.
Yeas:
VanderKlok
Nays: none
MOTION
CARRIED.
#050509-05 - Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood Ct.
Moved
by
MOTION
CARRIED.
Dale
Mohr said that there was no motion on the table.
(Motion
by
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve Special Use Permit (SUP0503) Michelle Bowne,
916 Fairwood Ct., to have a group day care home under Sec. 8.3(E), on a parcel
of land described as P.P.# 70-14-11-436-010, located at 916 Fairwood Ct., in a
(LDR) Low Density Residential district.
Note: The Planning Commission
recommended denial
Dale
Mohr said that the Planning Commission had exhibited poor public policy and that
he had determined that there was something more behind the letters that had
been submitted in opposition than just the traffic or fence concerns because
there were fences for pools. He said
that it appeared that the neighbors just did not want the daycare and that the
plat restrictions said that fences were not allowed unless mandated. He said that he had visited the site twice
from 6:30 a.m. until 8:30 a.m. and never saw two cars there at the same time. He said that the neighbors had been concerned
about the daycare parents not looking when they backed up and he said that he
had observed all being conscientious when they backed up. He said that the traffic and fence were not
issues. He said that there would not be
a great difference between the number of children in the neighborhood and the
number of the children in the neighborhood plus the daycare children. He said that the issue was that she wanted
the daycare and some of the neighbors did not want the daycare.
There
was discussion regarding attaching conditions and the planner’s recommendations
for conditions were shown. Dale Mohr said
that he had made the motion with no conditions attached.
Michelle
Bowne said that she had told the Planning Commission that she would reduce the
request to 9 children, limit the time from 6:30 a.m. to 6:30 p.m., allow a
maximum of 6 children outside at once and care for up to 9 unrelated children.
Michelle
Bowne said that there would be no problem and that she had gotten estimates and
a representative from the Road Commission had come to tell here where to put
the turn around.
Yeas: Richard VanderKlok,
Nays:
MOTION CARRIED.
Attachment: Submission
materials from applicant
#050509-06 - Second Reading
and Adoption of Ordinance No. 2005-06 Dogs and Cats At Large
Ordinance
Moved by
ORDINANCE NO. 2005-06
Dogs and Cats At Large Ordinance
The Charter Township of
Georgetown ordains that Chapter 6 of the Code of Ordinances is amended as
follows:
ARTICLE V. DOGS
AND CATS AT LARGE
Sec. 6-36.
Penalty for violation of article.
Any person who violates
this article is responsible for a municipal civil infraction and shall be punished
by a fine as set forth in the Schedule of Civil Fines [Appendix C] and court
costs. Equitable relief may also be awarded as permitted by Michigan law.
Sec. 6-37. Control of dogs and cats.
(a) No
person owning, possessing or having charge of any dog or cat shall allow such
dog or cat to wander, run or be at large or stray beyond the premises of such
person unless such dog or cat is held properly in leash, meaning a physical
restraint not more than ten (10) feet in length, or unless such dog or cat
is engaged in lawful hunting or hunting practice and accompanied by a person.
Sec. 6-38. Animal nuisance by
defecation and other activities.
(a) No
person owning or having custody or control of an animal shall intentionally, or
through failure to exercise due care, permit the animal to defecate on any
public or private property (other than the property of such person) unless such
person immediately collects all fecal matter deposited by the animal.
Effective Date. This
ordinance shall become effect on the thirtieth day after publication after
adoption. This
ordinance was read for the first time on April 25, 2005, published on May 3,
2005, read for the second time and adopted by the Georgetown Charter Township
Board on ,
published for the second time on 2005,
and effective thirty days from second publication which is on , 2005.
Note: As
recommended by the Services Committee
Yeas:
Nays:
MOTION CARRIED.
#050509-07 - Second Reading
and Adoption of Ordinance No. 2005-07 Mineral Mining
Amendment Ordinance
Moved by Dale Mohr, seconded by
ORDINANCE NO. 2005-07
Mineral Mining Amendment Ordinance
The Charter Township of
Georgetown ordains that Chapter 26 of the Code of Ordinances is amended as
follows:
ARTICLE IV.
MINERAL MINING
Sec. 26-71.
Name.
This article shall be known
as and may be cited as "The Georgetown Charter Township Mineral Mining
Ordinance".
(Ord. No. 9804, § 1,
10-26-98)
Sec. 26-72.
Definitions.
For purposes of this article,
the following definitions and provisions shall apply:
(a) Mineral mining official: The engineer of Georgetown Charter
Township or such other person as from time to time appointed by resolution of
the township board.
(b) License: A mineral mining license as required by this article
to commence or continue mineral mining operations within the township.
(c) Mineral mining or mining: The excavation, removal or
processing of sand, gravel, clay, stone, peat, muck, topsoil or other minerals
or similar materials, including overburden, or the storage or transporting of
minerals on a mining site, or the reclamation of the site after removal or
excavation of minerals. However, the following excavation activities are not
included within the definition of mineral mining or mining and are exempt from
the requirements of this article:
(1) Excavation approved by a governmental
body of competent jurisdiction in conjunction with the installation or
maintenance of publicly owned or operated utilities, drains, roads or other
improvements where the excavation is limited to the site of the public utility
or improvement.
(2) Excavation which by its nature is of
limited scope and duration and which is undertaken solely for the immediate use
and development of the land excavated, such as for the purpose of construction
or installation of a building, septic tank, swimming pool and similar limited
excavations.
(3) Excavation in conjunction with farming
operations conducted in accordance with generally accepted agricultural
practices, including agricultural drainage work incidental to farming operations
and irrigation or stock watering ponds, if no material is removed from the
property.
The
mineral mining official shall determine whether an excavation is or is not
exempt from the requirements of this article, subject to the appeal provisions
of this article.
(d) Review board: A mineral mining review board (the "review
board") is hereby created. The review board shall consist of the
township engineer, two members of the township board appointed by the
township board and two members of the township planning commission appointed by
the township supervisor subject to confirmation by the township board and a
mineral mining official. The terms of the members of the review board shall
be three years but in no event longer than their respective official tenures.
Meetings of the review board shall be open to the public and shall be held as
necessary to consider applications for licenses or to take other actions as
provided by this article. A meeting shall be held within 45 days of receipt by
the township of an application for a license. Action of the review board
requires a concurring vote of not less than three members. The review board
shall keep a record of its proceedings, findings and determinations, which
shall be a public record and shall be filed in the office of the township
clerk. The review board may establish rules to govern its procedures and may
call on other township officials or boards for assistance in the performance of
its duties.
(e) Site: A parcel or unit of land used or proposed to be used
for mineral mining purposes regulated by this article.
(f) Township board: The Georgetown Charter Township Board.
(g) Township: Georgetown Charter Township.
(Ord. No. 9804, § 2,
10-26-98)
Effective Date. This
ordinance shall become effect on the thirtieth day after publication after
adoption. This
ordinance was read for the first time on April 25, 2005, published on May 3,
2005, read for the second time and adopted by the Georgetown Charter Township
Board on ,
published for the second time on 2005,
and effective thirty days from second publication which is on , 2005.
Note: As recommended by the Finance Committee
MOTION CARRIED.
#050509-08 - Final Plat of
Hickory Grove Farm No. 4
Moved by Richard VanderKlok, seconded by Dale Mohr, to grant final plat approval for Hickory Grove Farm No. 4, Part of the NW ¼ Section 20, T6N, R13W, Georgetown Township, Ottawa County, MI, provided all state, county & local ordinance comply & all fees are paid.
Note: Letter of
Credit, application, sidewalk
compliance letter, and street
light petition were received and are on file in the
office. All fees are paid to date
(including $50 per lot fee). DPW has
approved.
Note: As
recommended by the Finance Committee
MOTION CARRIED.
#050509-09 - Bids to Resurface Cemetery Roads at 28th
Ave. Location
Moved
by
Attachment: Bid
from Key Construction
Note: Services Committee authorized
the Clerk to seek bids
Other
bids include:
General
Asphalt Paving $24,600.00
Superior
Asphalt $23,250.00
Aggregate
Industries $20,712.88
MOTION CARRIED.
#050509-10 – Public Comment
No one spoke during this public comment period.
#050509-11 - Board Open Discussion
Dale Mohr asked about the $395 in the bills for body
armor for the Code Enforcement Officer and suggested that the Code Enforcement
Officer obtain a CCW permit.
Sgt. Bill Ward explained that the Code Enforcement
Office occasionally received threats and that if there was a potentially
dangerous situation the Code Enforcement Officer would request a deputy to
accompany him. In that case, they might
both need body armor.
#050509-12 - Announcement of any scheduled meeting of
interest to board members
#050509-13 - Reports from Standing Committees
Report
from Stanley Sterk’s meeting with the Ottawa County Road Commission
#050509-14 - Meeting adjourned at 8:20 p.m.
William Holland, Supervisor