MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD AUGUST 13, 2007, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Bill Holland
Pledge
of Allegiance to the Flag
Roll
Call
Present: Bill Holland, Daniel Carlton, Stanley
Sterk, Del South, Marvin VanSomeren, Dale
Mohr, Richard VanderKlok
Absent: none
#070813-01 - Public Comments
Michael Bosch, 896 Fairwood Ct., submitted letters
and pictures, and stated the following. He
is requesting a rezoning of his property at 7813 Cottonwood and his neighbor’s
property at 7785 Cottonwood. The
Planning Commission recommended denial, but his request met the criteria for
the rezoning because it was consistent with the Master Plan, compatible with
the neighborhood and capable of the uses in the OS district. On paper this is designated as a residential
area, but it is not a typical neighborhood because of the 45 mph speed limit on
Cottonwood and the retirement home on the south side with parking lots,
dumpsters and a security fence. The land
on the other side of his property is zoned OS.
His property does not fit in the LDR zone and OS is more appropriate. He understands that the commercial line has
to be drawn somewhere but the natural line is for his property to be OS. He compiled a comparison map that depicted
the small amount of OS property in the Township. He picked this spot because he wants grass, trees,
shrubs and flowers, and he wants a cottage-like look and plans to keep the
house-look. This will be a nice buffer
between the other OS and the higher density residential use of New Amsterdam
Village. He understands that the Board
has to consider all the uses allowed in the OS district. This site is less than one acre and he could
not have a drive-up facility. The other
places in the Township in the OS district that are available are the strip-mall
style facilities and he needs landscaping.
He said that he currently operates out of his basement and he hopes to
get more business. But he is particular
with his work and will be the only one shooting, so there will only be so much
traffic. He plans to pay for the curb
cuts and he was not clear about the driveway.
He has gotten positive feedback and he wants to make the site beautiful
to be a nice fit for the area.
Anna Colby, 7822 Cottonwood Dr., submitted a letter
and stated the following. She lives
across the street and is opposed to the rezoning. There already is a definite line on the map
for commercial and the line runs across the street. The rezoning would extend commercial further
on one side of Cottonwood. Although New
Amsterdam Village is not typical, it is still a residential area and there are
houses further down on Cottonwood. She
does not want to look out her window and see this. The use proposed might not be there
forever. Businesses might continue to
creep further. She just purchased her
property two years ago and wants to live in a residential area. There are traffic problems, especially from 4
to 6 p.m. and in the mornings. There is
more and more development along Cottonwood and people use this way to get in
and out. People trying to leave Jenison
are backed up past her house even without the construction. There are accidents all the time and she sat
with an accident victim. People travel
faster than the 45 mph speed limit.
People are coming home from busy days and too many people are
distracted. She does not want the Road
Commission to put in another lane and take part of her front yard. She does not want the business to go in this
spot.
Mark Colby, 7822 Cottonwood Dr., stated the
following. When school is in session
there will be more traffic with school kids and students from Grand Valley
State University. He helped an accident
victim who was waiting at a light when hit from behind by a girl who was text
messaging on the phone. This area is way
too busy and people would have to turn in and stop traffic. When people stop to turn into New Amsterdam
Village he can hear horns honking and he hears crashes.
Rich Reiffer, 8640 Caprice Dr., stated the
following. He wished for the applicant’s
sake that the traffic would be vastly impacted by his photography business, but
this small business would not impact the traffic the way that the condo development
will. To deny this rezoning request
based on traffic issues is wrong. A
similar rezoning request was approved in Grandville and it improved the area. Rezoning this property would improve the area
because the applicant will turn an existing eyesore into a nice site and
improve the area. He would hate to see
the parcel as residential and it would be in the best interest of Georgetown
Township to rezone the property to OS.
#070813-02 - Approval of
agenda as
presented for August 13, 2007
Moved by Richard VanderKlok, seconded by Del South,
to approve the agenda as presented.
MOTION CARRIED.
#070813-03 - Communications,
letters and reports: Received for information, to be filed:
A. Code Enforcement Officer’s July
2007 Monthly Report
B. Senior Center Monthly Activity Report for July
2007
C. Fire
Department Report for July 2007
D. Planning Commission agenda for August
15, 2007
E. Planning Commission minutes for August
1, 2007
F. DPW Report for June/July
2007
G.
Zoning Board of
Appeals minutes for July
25, 2007
H.
Library Report
for May
2007
I.
Graph
showing the number of Property Information internet inquiries per month (does
not include other inquiries)
J. General Ledger Report July
2007
K. August 7, 2007 Election results
#070813-04 - Consent agenda
Moved
by Del South, seconded by Richard Vanderklok, to approve the consent agenda as
presented.
a. Approval of minutes
of the regular board meeting held on July 23, 2007
b. Approval
of the regular monthly
bills and utility
bills
MOTION CARRIED.
#070813-05 - Water Reliability Study
Moved
by Dale Mohr, seconded by Daniel Carlton, to approve updating the Reliability
Study for $5,000.00 as per the quote
from Prein & Newhoff since the latest study is dated August 2003 and an
update is required in 2008
Note: The
Water/Sewer Committee recommended approval
MOTION CARRIED.
#070813-06 - Port Sheldon Lift Station
Moved
by Stanley Sterk, seconded by Daniel Carlton, to approve the purchase and
installation of the Multitrode/Multismart Control System from Grand Tech for
$7,344.00, as
recommended by the DPW director, for a cost not to exceed $8,500.00 for the
system, installation and testing
Note: The
Water/Sewer Committee recommended approval to continue the update
and
efficient operation of the Port Sheldon Lift Station. Additional bid-Merican-$8,033.70
MOTION CARRIED.
#070813-07 - REVISED Preliminary Plat of Lowing Woods
No. 5
Moved
by Del South, seconded by Richard VanderKlok, to approve granting tentative
preliminary plat approval of Lowing Woods No. 5 as shown on the Lowing
Woods No. 5 plan dated 8/07/07 and the Lowing
Woods No. 5 overall plan dated 8/07/07 with the owners
association documentation, based on the findings that Township Ordinances
have been met and contingent
upon approval from Ottawa County Road Commission, including approval regarding
the connection to Taylor Street
Note: The Planning Commission
recommended approval of the preliminary plat plan
dated
6-22-07 and the Lowing Woods No. 5 overall
plan dated 6-22-07 with the condition that the name Lehigh Ct. be changed (as
per the Ottawa County Road Commission letter
dated July 27, 2007) prior to the submission of an application for final
preliminary plat approval for Lowing Woods No. 5. The preliminary plat Lowing
Woods No. 5 plan dated 8/07/07 and the Lowing
Woods No. 5 overall plan dated 8/07/07 are the same plans that the Planning
Commission approved; however, the plans have been revised (as per the Planning
Commission and Ottawa County Road Commission requirement) with the name Lehigh
Ct. changed to Holden Ct.
MOTION
CARRIED.
#070813-08 - Rezoning (REZ0701) To
change from (LDR) Low Density Residential to (OS)
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve Rezoning (REZ0701) To change from
(LDR) Low Density Residential to (OS) Office Service Commercial parcels of land
described as P.P. # 70-14-13-100-034, and -035, located at 7813
and 7785 Cottonwood, Georgetown Township, Ottawa County, Michigan, for the
following reasons:
1.
The determination was made that the rezoning is consistent with the
Master Plan;
2.
The determination was made that the rezoning is compatible with the
area;
3.
The determination was made that the site was capable of the uses
permitted in the OS zoning district.
4.
Although one building is in good shape, the other is in a state of
deterioration and should be removed.
5.
Next door is New Amsterdam Village and this is a perfect buffer,
otherwise there is OS on the left and MDR on the right.
Stanley
Sterk stated that he agreed and stated the following. The site should be zoned OS because the way
the area was developed lends itself to OS zoning for these parcels. The site is next door to OS zoning and this
is a natural dividing point. This is the
highest and best use of the site. The
Township closed the door to duplexes in this area and there is no chance of a
duplex here. The site needs to be OS. There is no need for multiple curb cuts and
the two parcels should get together to share a curb cut. Zylstra has one curb cut that serves multiple
buildings.
Del
South stated the following. The Planning
Commission was concerned about curb cuts and uses other than the photography
business that could go there, such as a bank or credit union during the next 20
years. He did not disagree with what was
said, but was concerned because there was no guarantee that the photography
business would stay. The reasons he
spoke against the business were not a reflection of the applicant’s work. He was concerned where to draw the line. He agreed the driveway of New Amsterdam
Village was a good spot, but was concerned with what use could go on the site.
Dale
Mohr said that it would never be approved as a PUD and he would not be
surprised if Cottonwood goes to five lanes due to the traffic demand.
Note: a. The Planning Commission recommended denial based on the findings
that were mentioned in the minutes, including the
fact that there are many other OS properties available and there is not a need
for more OS zoning, the commercial line has been drawn and the commercial area
should not creep further down Cottonwood, and due to traffic issues.
b. As per Sec. 401(3) of the 2006 Michigan
Zoning Enabling Act, the Township Board MAY refer the item back to the Planning
Commission, but is not required to refer it back if the Board does not concur
with the recommendation
ROLL CALL
Yeas: Dale Mohr, Stanley Sterk, Bill Holland,
Daniel Carlton, Richard VanderKlok, Marvin
VanSomeren
Nays: Del South
MOTION
CARRIED.
#070813-09 - Award Bids for 2007 Sanitary Sewer
Improvements
Moved
by Daniel Carlton, seconded by Richard VanderKlok, to approve awarding the bids
for 2007 sanitary sewer improvements to the low bidders as
recommended by Prein&Newhof as follows:
Contract
1 – Bluebird Drive to Bond Construction in the amount of $68,406.03
Contract
2 – Broadview Dr. and Ronson Ave. to Bond Construction in the amount of
$308,606.76
Contract
3 – Chickadee Dr., Ridgewood Dr. and Chipwood St. to DeSal Excavating in
the
amount of $269,895.00
Note: The
Finance Committee recommended approval
Dale
Mohr stated a concern as to why this was being done before the testing of Maplewood
Lake was complete.
Yeas: Del South, Stanley Sterk, Bill Holland,
Daniel Carlton, Richard VanderKlok, Marvin
VanSomeren
Nays: Dale Mohr
MOTION CARRIED.
#070813-10 - Award Bid for Trash Pickup for Township
Properties
Moved
by Daniel Carlton, seconded by Richard VanderKlok, to approve the low bid
amount of $413.50 per month for trash service for a three year term from 9/1/07
to 8/31/2010 from Arrowaste and to authorize the Township Treasurer to sign a
three year contract.
Attachments: Bid sheets
Claimed
agreement with Sunset Waste
Notes: a. The Finance Committee recommended
approval
b. The new bid will result in an annual
savings of $3,015 from the current
price,
plus there will be an additional annual savings of $300 due to a reduction in
services.
c.
In 2004, the
former clerk may have signed a multi year service
agreement
with Sunset Waste; however, the agreement is determined to be invalid due to
the following reasons:
1.
The former clerk
did not have the right or the authority to sign a contract for an amount of
money that exceeds $2,000 without Township Board approval. The agreement amount exceeds $2,000 and no
Township Board approval was ever granted.
2.
No bids were ever
obtained for trash service at the time that the former clerk signed the
agreement and bids are required for the amount of money for this agreement.
3.
Sunset Waste has
increased the monthly costs to the Township from the amounts listed in the
agreement by the addition of a billing fee and fuel recovery costs without
Township approval. Thus Sunset Waste has
not abided by the terms in the agreement anyway.
Dale
Mohr stated concerns as follows. He
could not find a previous policy in any minutes. The former clerk did sign a contract. Allied Waste did not know that the former
clerk did not have the authority to sign a contract and they committed to
it. The Township paid the bills for this
agreement and the Township should get legal advice.
Stanley
Sterk said that he had reviewed the agreement and no where did it address
billing fees and the billing fees just started showing up. He said that this as arbitrary and
capricious.
Marvin
VanSomeren asked if the Township had copies of the agreement.
Daniel
Carlton stated that the Township did not have any records of this agreement or
copies of it until Allied Waste provided them after they were contacted to
provide a bid. He provided reasons that
the agreement was invalid as follows.
The former clerk had no authority to sign any contract for this amount
of money without Board approval and the Board never approved this. The former clerk had no authority to encumber
the Township for five years and for this amount of money without Board
approval. A contract is a mutual
agreement for the benefit of both and there would be no reason for the Township
to agree to this contract because there was no benefit to the Township to do so
since the rates could and did increase.
The Township should not be encumbered because someone incompetent and
without authority signed the contract without Board approval
The
Supervisor noted that the new policy allows spending up to $3,000 without Board
approval and previously it had been $2,000.
Del
South noted that three bids had been obtained.
There
was further discussion.
Marvin
VanSomeren and Stanley Sterk called for the vote.
Yeas: Del South, Stanley Sterk, Bill Holland,
Daniel Carlton, Richard VanderKlok, Marvin
VanSomeren
Nays: Dale Mohr
MOTION
CARRIED.
#070813-11 – Public Comment
No
one was present to make public comments.
#070813-12 – Board Open Discussion
Stanley
Sterk stated the following. The Zoning Board
of Appeals had reviewed a case with a flag lot where the fence height could
have been two to three feet higher if it was a foot farther back. The Planning Commission should look at an
exception if a fence that would be considered to be in a front yard is actually
someone else’s back yard.
Daniel
Carlton said that the concept should be broadened and the definition of a front
yard should be reviewed for an amendment to allow a garage in a front yard if
it is a deep front yard. He said that a
maximum should be defined for a required front yard.
The
Board asked the Planning Commission to review this section of the Zoning
Ordinance.
Del
South said that the total cost to Georgetown Township for the election on
August 7, 2007 was $5,964.02 and with 63 votes cast the cost was $94.67 per
vote.
It
was noted that the money spent on the second election would have been better
spent for educational purposes.
#070813-13 - Announcement of any scheduled meeting of
interest to board members
The
following meetings were noted: Maplewood Lake at 10 a.m. on August 16, 2007;
Services Committee at 7:30 a.m. on August 20, 2007; and Utilities Committee
after the Board meeting.
#070813-14 - Reports from Standing Committees
Finance Committee meeting minutes
of August 10, 2007
Water/Sewer
committee minutes
of July 10, 2007 (provided again for agenda items)
#070813-15 - Meeting adjourned at 8:20 p.m.
William Holland, Supervisor
Del
South, Clerk