PLANNING COMMISSION MEETING
MINUTES
I. Call to Order - Pledge of Allegiance - Roll Call
The meeting was called to order at 7:00 p.m. and opened with the Pledge of Allegiance.
Roll Call Francis McNamara – present
Donald Hartwick – absent
Craig Landes – present
John Maahs – present
Ronald Overton – present
Richard Turcotte – present
Ulrika Zay – present
Charles Openlander – present
Beth Ball – absent with notice
Also present – Andrea Polverento, Planning Director
Polverento outlined the correspondence given to the Planning Commission members.
.
MOTION by LANDES and seconded by TURCOTTE to approve the agenda as amended.
Passed unanimously
MOTION by TURCOTTE and seconded by McNAMARA to approve the minutes of 7/9/08 as amended.
Passed unanimously
A. Case # 07-16 TXT - Keeping of Animals -Commercial Game Breeding Operations.
Polverento explained that the Board of Trustees felt that there was no need for the Township to further regulate wild animals. They felt the state laws were appropriate as they relate to wild and/or exotic animals. They did however; feel that the commercial game breeding operations were worth incorporating into the ordinance.
Polverento explained that if they continue along the same lines as before, they could establish that game breeding operations are allowed by special land use permit in AP and AG. If they establish that commercial game breeding operations are allowed by special land use, they should also consider the conditions under which it will be allowed.
Polverento has reviewed a few other similar ordinances and found the following to be most applicable to the Township.
Minimum acreage required – 40 acres, Permits granted from the MDNR required prior to application, Adequate off-street paring required and Definition of game breeding operation.
Polverento suggested that the Planning Commission send this issue to the ORC to consider and discuss further.
Discussion took place among the Planning Commissioners.
MOTION by OVERTON and seconded by OPENLANDER to table the Game Breeding Operations amendment indefinitely.
Turcotte explained that if the issue is tabled, the issue will have to be taken off the table years in the future when someone may decide it’s important and failing to remove this from the table will make it illegal.
Overton withdrew the motion
B. CDP Update - Recap Kickoff Meeting, Discuss Meeting Dates and Times
Polverento explained that the team from Birchler Arroyo held a preliminary meeting on August 5th to go over the preliminary schedule, and talk generally about the process. They offered the following meeting dates:
September 17 – Presenting Existing Conditions
October 15 – Community Visioning Session
November 19
February 18 – Presenting Final Plan, Map
Could possibly be held in January if they are ready early
June 2009 – Public Hearing
Polverento explained that in the next couple months she will be compiling a list of people/groups to be invited to the visioning session and if there is anyone Commissioners would like to be added to the list, please get that information to her.
Overton feels it would be a good idea to make a list of all the groups who have any affiliation with the Township and make sure they are invited to have a representative at the visioning session.
Overton explained the visioning session to the Commission.
The Commission all agreed that 7pm would be a good meeting time. Zay suggested that the Community Visioning session start earlier then 7pm because it will be a longer meeting.
C. Codification Update
Polverento explained that they received a draft copy of the changes that Municode has made. She has checked most of the errors and omissions that were noted, but is also planning to do a comprehensive comparison to make sure there are no other problems at this time.
Clerk Husby also told Polverento that this draft should also have all updates to February 2008, and she is double checking that all of those are included as well.
Polverento has outlined the issue she has found in her review of the document.
Turcotte suggested that it might be better to start the process over or not do the codification at all and return to the use of the old documents.
Polverento explained that has been suggested by others along they way and the Township Attorney has advised them against stopping the codification.
Maahs feels that while the Township has not received a worthy product from Municode there were also mistakes made on the part of the Township. The copy of the Ordinance that was sent to them first was an outdated copy of the Ordinance, it was an honest mistake but there is plenty of blame to go around.
Turcotte is not trying to place blame anywhere but rather make an economic decision. Turcotte does not believe that that the final product they get from Municode will be the final product that they expected. He feels the process should be started over.
Maahs feels that the codification is very close to being done and done correctly. He appreciates Turcotte’s frustration and feels some of his own with this project. Maahs feels that with each step they are getting closer to a good finished product. It’s unfortunate that it has taken as much time and effort as it has taken.
Zay asked how much has been spent on the project to date. Polverento responded that she is unsure of what has been spent on the project.
A. Weed Ordinance
Polverento has received at least a dozen complaints this year regarding lawn mowing. The majority of the complaints seem to stem from housing foreclosures.
This issue was discussed briefly at our last Planning Commission meeting, and it was brought up at the Board of Trustees meeting last month, however due to time, they were not able to discuss the matter further.
Polverento looked at a couple of other local ordinances against weeds, but did not feel like that is the answer. She spoke with the Building Inspector in DeWitt Township, and he enforces lawn mowing through the Property Maintenance Code.
Polverento agrees with his assertion that if we adopt the code, we have to enforce it all, and that could prove to be very time consuming for herself or for Jeff Cranson, depending on who will be enforcing it. If the Planning Commission feels this is worth pursuing, she suggested looking into whether or not we could adopt just the section regarding weeds.
Along the same lines, Polverento also had some inquiries into whether we require that yards be installed within a time frame after the house is occupied. If there is a Soil Erosion/Sedimentation Control Permit, they do require lawns be put in, but more than half of the Township doesn’t fall within the SESC permit areas. In some cases, there are homes built up to two years ago that have still not installed lawns.
Some other communities have ordinances that require lawns be installed within six months of occupancy.
Maahs explained that there was concern about liability and precedence when it comes to mowing lawns of foreclosed homes. Maahs feels that the Township should not be directly involved in resolving these weed/mowing issues but rather find service clubs or organizations that might be willing to donate their time to mow these few foreclosed properties a couple of times during the growing season.
Turcotte does not feel that the Township has any interest unless there is a soil erosion problem. Due to the rural character of the Township, Turcotte feels that the Township has no right telling anyone that they can’t let their lawn go to prairie if they wish to do that.
Zay is not interested in a weed ordinance for the Township. Zay finds the installation of vegetation where bare ground exists very important to deal with erosion. Zay feels that an ordinance against the use of invasive exotics in gardens would be more worth while then having a weed ordinance. Polverento feels that would be an issue to be brought to the Environmental Affairs Committee. Zay does not feel having a weed ordinance and forcing people to mow their property is important.
MOTION by TURCOTTE and seconded by OVERTON to refer the issue of soil erosion and invasive to the Environmental Affairs Committee for discussion of a potential ordinance.
Landes asked if the SESC would have any influence on this potential ordinance. Polverento responded that it could, she spoke to the office that handles that area, Dave Patterson. Patterson said he would be happy to weigh in if it was something the Township decided they wanted to pursue. As far as Polverento knows the SESC only has authority over the areas of the Township that are within 500’ of the river, county drain etc. and that only covers about half of the Township.
Polverento asked if the recommendation should be made to the Board of Trustees to refer those items to the Environmental Affairs Committee.
Motion withdrawn
MOTION by ZAY and seconded by OVERTON that the Planning Commission recommend to the Board of Trustees that a weed ordinance is not pursued but they refer the issues of invasive species control within the Township and Soil Erosion control relative to the installation of vegetation at new builds to the Environmental Affairs Committee.
Yes – McNamara, Maahs, Zay, Landes, Openlander, Overton
No – Turcotte
2 absent
Passed
B. Bylaw Update
Polverento explained that discrepancies have been found in the numbering of the Bylaws. The memo from Amy Kinney offers suggestions on how the numbers can be updated to be more accurate.
MOTION by OVERTON and seconded
by OPENLANDER that the Planning Commission make changes to the bylaw
numbering for current and proposed sections 1.5, 2.0, 6.0, 8.0 and 9.0 to
eliminate discrepancies as indicated in the staff report by Amy Kinney dated
7/31/08
Zay is pleased that the staff is looking over previous documents and making further clarifications where possible. Zay appreciates that.
Passed Unanimously
A. Executive Committee Report – None
B. Ordinance Review Committee Report – None
C. Site Plan Review Committee Report – None
D. Board of Trustees Report - DRAFT Minutes 7/21/08– Maahs presented the Board of Trustees Report.
E. Zoning Board of Appeals - None
F. Non-Motorized Circulation Plan Committee Report – None
G. Environmental Affairs Committee Report - None
H. Capital Improvements Committee Report – None
I. Comprehensive Development Plan Update Committee – None
J. Staff Report -
1. Assistant’s Report – July 2008
2. Zoning Administrator’s Report – July 2008
X. Comments and Questions from Audience, Staff and Commissioners- None
MOTION by OPENLANDER and seconded by OVERTON to adjourn the meeting.
Passed unanimously
Meeting was adjourned at 8:15 p.m.
Date approved:
______________________ _________________________
Ron Overton, Chair Beth Ball, Secretary