AGENDA

 

The Georgetown Township Board will meet on Monday, May 9, 2005, at 7:30 p.m. for the regular meeting at the Township Office.

 

The agenda is as follows:

1.         Call to order by Chairman Bill Holland.

 

2.         Prayer for guidance by Del South

 

3.         Pledge of Allegiance to the Flag

 

4.         Roll Call

 

5.         Public Comments

 

6.         Approval of agenda as presented for May 9, 2005

 

7.         Communications, letters and reports: Received for information, to be filed:

 

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

 

8.         Consent agenda

 

a.         Approval of minutes of the regular board meeting held on April 25, 2005

 

b.         Monthly Bills

 

9.         Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood Ct.

 

            Motion:            To remove motion # 050425-11 from the table

 

Motion:            To deny 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, for the following reasons:

1.                  A fence is required as a specific special use standard for a group daycare and the developer has indicated in writing that a fence would not be approved, therefore, this special use standard would not be met;

2.                  There are traffic issues related to a large increase in traffic that is incompatible with the neighborhood, therefore, this is a general special use standard that would not be met;

3.                  The intensity of the use of a group daycare is not compatible with the neighborhood, therefore, this is a general and specific special use standard that would not be met.

 

Note:                As recommended by the Planning Commission

 

Attachment:      Submission materials from applicant

Letters in opposition (including letter from developer saying no approval

would be given for the fence)

Letters in support

 

10.       Second Reading and Adoption of Ordinance No. 2005-06 Dogs and Cats At Large

Ordinance

 

Motion:            To read for the second time and adopt Ordinance No. 2005-06, 

Dogs and Cats At Large Ordinance, as follows:

 

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

 

 

 

11.       Second Reading and Adoption of Ordinance No. 2005-07 Mineral Mining Amendment

Ordinance

 

Motion:            To read for the second time and adopt Ordinance No. 2005-07, 

Mineral Mining Amendment Ordinance, as follows:

 

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

 

12.       Final Plat of Hickory Grove Farm No. 4

 

Motion:            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.

 

            Attachment:      plat map (available in Township Office)

 

            Note:                As recommended by the Finance Committee

 

Proposed Addition to Agenda

 

12b.     Bids to Resurface Cemetery Roads at 28th Ave. Location

 

Motion:            To accept the low bid and authorize the repaving of the roadway in

the cemetery at the 28th Ave. location for $18,500.00 from Key Construction

 

            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

 

13.       Public Comment (maximum 3 minutes per person)

 

14.       Board Open Discussion

 

15.       Announcement of any scheduled meeting of interest to board members

 

16.       Reports from Standing Committees

 

Report from Stanley Sterk’s meeting with the Ottawa County Road Commission

 

17.       Meeting adjourned at             p.m.