Minutes

PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415

July 21, 2020
6:30 Work session
7:00 PM BOARD MEETING

Work Session
Continue review of Ordinances starting at Sec. 42-273 and ended at

BOARD MEETING
01. Roll Call: Jacobs, Newmyer, Franklin, Suchecki, Michelli, Farrar, & Osterhart.

02. Approval of Planning Commission Minutes: Special meeting July 8, 2020. Minutes were accepted as presented.

03. Approve / Amend Agenda: Agenda was accepted as presented.

04. Correspondence / Reports: Supervisor sent a letter to Port City Church outlining the condition of site plan approval.

05. Public Comments pertaining to agenda topics: None were heard.

New Business
06.   Public Hearing – Rezone from M-1 to R-1
∙       Parcel – 61-15-101-200-0004-00
∙       3724 E Broadway Muskegon, MI 49444 Owner Dennis Beebe

Motion by Farrar, supported by Newmyer to open public hearing for rezone from M-1 to R-1 for parcel 61-15-101-200-0004-00. Unanimous.

Dennis Beebe 3724 East Broadway stated he would like to build a pole barn on his property which requires a zone change to R-1.

Motion by Farrar, supported by Newmyer to close public hearing. Unanimous.

Motion by Osterhrart

I. RESOLUTION
Motion by Osterhart that the Planning Commission recommends to the Township Board that the proposed rezoning, to rezone the land generally described in the Notice of Public Hearing, and more specifically described in the proposed Zoning Map Amendment Ordinance, from M-1 to R-1, be approved, based upon the following criteria. The property in question includes the following parcel number(s): 61-15-101-200-0004-00

II. CRITERIA
1. The requested rezoning will not result in spot zoning.
2. The requested rezoning will not be inconsistent with the surrounding property.
3. The property does have to be rezoned in order to be reasonably used.
4. The requested rezoning would have the following effect on surrounding property values: Make the property conforming.
5. The requested rezoning would have the following effect on the market value of the property in question: Improve, make it consistent with surrounding area.
6. The requested rezoning would be consistent with the general trend of future building and population growth in the area.
7. The requested rezoning would be consistent with the Master Plan.

Supported by Jacobs. Roll call unanimous.

CHAIR MICHELLI NOTED THE MASTER PLAN NEEDS TO BE UPDATED BY P&N

07.   Public Hearing – Rezone from B-3 to R-1
∙       Parcel – 61-15-123-400-0009-00
∙       Purpose – 2921 E Sternberg Fruitport, MI 49415 Owner David Reed

Motion by Newmyer supported by Farrar to open public hearing for rezone from B-3 to R-1 for parcel 61-15-123-400-0009-00. Unanimous.

David Reed 2921 East Sternberg wants to build pole barn which requires a zoning change. Mr. Reed has six acres. His property is surrounded by residential.

Mark Hansen 4515 Farr asked if this zone change will affect the neighbor. Chair Michelli answered no.

Motion by Newmyer, supported by Jacobs to close public hearing. Unanimous.

I. RESOLUTION
Motion by Osterhart that the Planning Commission recommends to the Township Board that the proposed rezoning, to rezone the land generally described in the Notice of Public Hearing, and more specifically described in the proposed Zoning Map Amendment Ordinance, from B-3 to R-1, be approved, based upon the following criteria. The property in question includes the following parcel number(s): 61-15-123-400-0009-00

II. CRITERIA
1. The requested rezoning will not result in spot zoning.
2. The requested rezoning will be inconsistent with the surrounding property.
3. The property does have to be rezoned in order to be reasonably used.
4. The requested rezoning would have the following effect on surrounding property values: Consistent with master plan.
5. The requested rezoning would have the following effect on the market value of the property in question: Consistent with the surrounding area.
6. The requested rezoning would be consistent with the general trend of future building and population growth in the area.
7. The requested rezoning would be consistent with the Master Plan.
Motion was supported by Newmyer. Roll call unanimous.

08.   Site Plan – 2West 5542 S Dangl Fruitport, MI 49415
∙       Parcel 61-15-124-300-0001-00
∙       Purpose – Expansion of retail greenhouse

John DeHaan. Wants to add two structures and expanded retail.

Discussion ensued relative to the site plan inadequacies.

Motion by Franklin to table this item until a site plan is submitted that meets requirements. Motion was supported by Jacobs. Roll call unanimous.

Old Business
09. Public Comments: Andy Andre 2600 Auburn Road, Auburn Hills. Mr. Andre discussed the Sternberg Hotels. Stated there can be no hotels on this site until 2028. Mr. Andre requested consideration in the PUD zoning relative to the density requirement for this site so they could change the use to senior housing. He provided concept drawings for senior housing. Argued the density should be much higher. Mr. Andre requests the PUD be changed to something higher than 14 units per acre or add another use group for senior housing that is higher than 14 units per acre. Mr. Andre would like an answer from the township if it is willing to amend the PUD ordinance. Discussion ensued. The Chair will communicate with the Township Board on ways to move forward.

10. Adjournment: Meeting was adjourned at 8:58 p.m.

Minutes

PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415

July 8, 2020
7:00 PM SPECIAL BOARD MEETING

BOARD MEETING
01. Roll Call: Michelli, Farrar, Franklin, Newmyer.

02. Approval of Planning Commission Minutes: June 16, 2020

03. Approve / Amend Agenda
Motion Franklin, supported by Newmyer. Unanimous.

04. Correspondence / Reports: Supervisor reported Cliff’s Trailers has been sold. Next meeting there will be some contract zone changes. 2West will bring a site plan in the near future.

05. Public Comments pertaining to agenda topics: None

New Business

06.   Public Hearing – Special use – Port City Church revised Site Plan
∙       3387 Heights Ravenna Rd

Motion to enter public hearing was made Newmyer and supported by Franklin. Unanimous.

Aaron Stanski, 724 Pamlico, Sleepy Hollow, Ill. He is with Chris Foster of Chicago. Port City Church wants to update and renovate the 20 year building.

Motion by Farrar to close public hearing. Supported by Newmyer and carried unanimously.

1. The motion is made by Farrar to grant the special use request for parcel number(s) 61-15-112-100-0014-00 for the following requested special use: Continuation as a church and its proposed update.

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-157 of the Zoning Chapter.
–a. The special use will be harmonious with and in accordance with the general objectives or with any specific objections of the Master Plan. This finding is based upon the following fact(s): continuance of same special use
–b. The special use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and it will not change the essential character of the same area. This finding is based upon the following fact(s): Continuance of same special use
–d. The special will not be a substantial improvement to property in the immediate vicinity and to the Township as a whole. This finding is based upon the following fact(s): Site plan
–e. The special use will be served adequately by essential public facilities and services, or have them adequately provided by the applicant; facilities and services include highways, streets, police and fire protection, drainage structures, refuse disposal, and schools. This finding is based upon the following fact(s):

3. If the motion is to grant approval, the following conditions are established as authorized by Section 42-158 of the Zoning Chapter.
–a. The special use must comply with the site plan, dated June 8, 2020, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The special use must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The special use must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
–d. The construction of the special use must be completed within 2 years. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
–e. If the special use approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the special use may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A financial guarantee is required as allowed by Section 42-158(d) of the Zoning Chapter. The details of the financial guarantee are: N/A
–g. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–h. Any other conditions placed by the Township upon the special use: None

Motion was supported by Newmyer. Roll call was unanimous.

07.   Site Plan – 3387 Heights Ravenna Rd
∙       Parcel – 61-15-112-100-0014-00
∙       Purpose – Revised site plan Port City Church

1. The motion is made by Farrar to grant the site plan request for parcel number(s) 61-15-112-100-0014-00

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-224 of the Zoning Chapter.
–a. All elements of the site plan are harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site [will/will not] impede the normal and orderly development or improvement of surrounding property for permitted uses. This finding is based upon the following fact(s): site plan
–b. The landscape will be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas. This finding is based upon the following fact(s): Site plan
–c. Special attention has been given to proper site surface drainage. Removal of stormwaters will not adversely affect neighboring properties. This finding is based upon the following fact(s): No change to storm drainage

3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated June 8, 2020, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The development must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
–d. The development must be completed within 2 years. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
–e. If the site plan approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the development may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–g. Any other conditions placed by the Township upon the site plan approval: Plan for a fence area by the new garage doors to separate children from traffic to be approved by Zoning Administrator and Chair.

Supported by Newmyer. Roll call was unanimous.

Old Business
09. Public Comments

10. Adjournment

Minutes

PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD
FRUITPORT, MI 49415

June 16, 2020
6:30 Work session
7:00 PM BOARD MEETING

Work Session
Continue review of Ordinances starting at Sec. 42-273

BOARD MEETING
01. Roll Call: Michelli, Farrar, Osterhart, Franklin, Jacobs, Suchecki.

02. Approval of Planning Commission Minutes: April 21, 2020. Minutes were accepted as amended.

03. Approve / Amend Agenda: Agenda accepted as amended (reverse item 6 & 7)

04. Correspondence / Reports
1. Cherette Group – Preliminary informal discussion regarding proposed apartment homes for the Fruitport Golf Course property
Denny Cherette & Larry Hall of the Cherette Group 333 Washington Street Grand Haven.
Mr. Cherette outlined the proposed project on the current golf course and timelines. He handed out representative renderings of the proposed project. Mr. Hall presented a preliminary site plan. The general consensus of the PC was overall concurrence with the concept.

05. Public Comments pertaining to agenda topics: None were heard.

New Business
06.   Site Plan – Airline Rd. vacant land –Nesson Cable Engineering
∙       Parcel – 61-15-123-400-0009-00
∙       Purpose – New building and parking lot

Wade Vandenbosch, Westshore Engineering 2454 Black Creek Road. Nesson Engineering is looking to expand to a larger footprint. Wade outlined the proposed project.

1. The motion is made by Osterhart to grant the site plan request for parcel number(s) 61-15-123-400-0009-00

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-224 of the Zoning Chapter.
–e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): Public Safety approval received.
–h. All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares are screened by a vertical screen consisting of structural or plant materials no less than six feet in height. This finding is based upon the following fact(s): Proper fence and screening
–i. Exterior lighting is arranged so that it is deflected away from adjacent properties and will not impede the vision of traffic along adjacent streets. This finding is based upon the following fact(s): Only have wall packs

3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, date 3-18-2020, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The development must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
–d. The development must be completed within 2 years. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
–e. If the site plan approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the development may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–g. Any other conditions placed by the Township upon the site plan approval: Zoning administrator & planning commission chair to approve the siding, add canopy to the front entrance to also be approved by ZA and PCC, and maintain a 15 foot tree buffer in the back. On west, east, and south side of site to have privacy measures (chain-link slats) & handi-cap parking with barrier free curb ramp access directly in front of main entry. Building signage must be presented to the ZA and PCC for approval.

Motion was supported by Jacobs and carried unanimously on a roll call vote.

07.   Public Hearing – Special use – outdoor storage
∙       Airline Rd. – vacant property owned by Nesson Cable Engineering

Motion by Jacobs, support by Osterhart to go into a public hearing. Motion carried unanimously.
Mr. Nesson stated they plan to store cable, fiber, coax, utility poles, and similar items. They need to have stock in storage to address poles that are frequently hit.

Motion by Jacobs to close public hearing. Motion supported by Suchecki and carried unanimously.
1. The motion is made by Osterhart to grant the special use request for parcel number(s) 61-15-123-400-0009-00 for the following requested special use: New building and parking lot.

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-157 of the Zoning Chapter.
–a. The special use will be harmonious with and in accordance with the general objectives or with any specific objections of the Master Plan. This finding is based upon the following fact(s): similar adjacent uses
–b. The special use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and it will not change the essential character of the same area. This finding is based upon the following fact(s): Similar adjacent uses.
–d. The special use will be a substantial improvement to property in the immediate vicinity and to the Township as a whole. This finding is based upon the following fact(s): Within Master Plan

3. If the motion is to grant approval, the following conditions are established as authorized by Section 42-158 of the Zoning Chapter.
–a. The special use must comply with the site plan, dated 3-18-20, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The special use must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The special use must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
–d. The construction of the special use must be completed within 2 years. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
–e. If the special use approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the special use may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A financial guarantee is required as allowed by Section 42-158(d) of the Zoning Chapter. The details of the financial guarantee are: _______________________ _________________________________________________________________.
–g. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–h. Any other conditions placed by the Township upon the special use: Fiber Optic cable, utility poles, conduit no more than 6’ high. No storage higher than top of fence. Everything to be stored within the screened fence. Work trucks to be parked in back of building.

Motion was supported by Jacobs. On a roll call vote the motion carried unanimously.

08.   Private Road – Vacant land Judson Rd. – Gary Shepherd (owner) & West Shore Engineering & Surveying
∙       Parcel 61-15-134-200-0012-00
∙       Purpose – proposed private road to establish frontage for a single family home

Motion was made by Michelli to allow Osterhart to abstain due to a financial conflict (he is designing the new home proposed for this lot). Motion was supported by Farrar and carried unanimously.
1. The motion is made by Jacobs to grant the site plan request for parcel number(s) 61-15-134-200-0012-00

2. The motion is based upon specific findings by the Township relative to the factors specified in Section 42-224 of the Zoning Chapter.
–a. All elements of the site plan are harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will not impede the normal and orderly development or improvement of surrounding property for permitted uses. This finding is based upon the following fact(s):Previously approved land division.
–c. Special attention has been given to proper site surface drainage. Removal of stormwaters will not adversely affect neighboring properties. This finding is based upon the following fact(s): retained on site
–e. Buildings or groups of buildings are arranged as to permit emergency vehicle access. This finding is based upon the following fact(s): Fire Department approval receive.

3. If the motion is to grant approval, the following conditions are established.
–a. The development must comply with the site plan, dated _______________, submitted to the Township, as well as any written material submitted by the applicant to the Township.
–b. The development must comply with all federal, state, and Muskegon County laws, rules, regulations, and requirements.
–c. The development must be acquired, developed, and completed in conformance with the Zoning Chapter, as amended, and the rest of the Fruitport Charter Township Code of Ordinances.
–d. The development must be completed within 2 years. This deadline may be extended by the Township, without going through the entire application process, upon request by the applicant and evidence showing that the applicant is proceeding in good faith toward completion.
–e. If the site plan approval is contingent upon public water service or public sanitary sewer service or both being provided, then no construction of the development may begin until all required easements are in place, all required forms have been completed, and all approvals for service have been obtained.
–f. A digital copy of the site plan as approved shall be provided to the Fire Inspector at brian.michelli@mcd911.net, or such other e-mail address as the Fire Inspector may designate.
–g. Any other conditions placed by the Township upon the site plan approval: has a maintenance agreement approved by the Township that includes: the information for the deed restriction in regards to the water main and appropriate hydrants if the parcel is ever divided or developed for more than one home, zoning administrator follows through with a deed restriction on the property.

Support by Franklin. On a roll call vote: ayes 5, nays, 0, abstain 1 (Osterhart).

Old Business

Members discussed changing the density for senior housing at Sternberg and Quarterline. General consensus of the PC was to not make any changes.

09. Public Comments

10. Adjournment: Chair adjourned the meeting at 8:45.

AGENDA

PLANNING COMMISSION MEETING
FRUITPORT CHARTER TOWNSHIP
5865 AIRLINE RD, FRUITPORT, MI  49415

August 18, 2020
7:00 PM BOARD MEETING
Meeting will be held virtually via Webex.com in order to fight the spread of COVID-19.

Information to access the meeting:
Meeting number (access code): 1265574900
Meeting password: VdAx76MwiY6 (83297669 from video systems)
Toll Phone: 1-415-655-0001 Access code: 1265574900

BOARD MEETING

01. Roll Call

02. Approval of Planning Commission Minutes:  meeting July 21, 2020

03. Approve / Amend Agenda

04. Correspondence / Reports

05. Public Comments pertaining to agenda topics

New Business
06.   Public Hearing – PUD special use
∙       Parcel – 61-15-122-100-009-50
∙       Meijer Store #232 – additional electric car charging stations

07.   PUD site plan revision – Additional electric car charging units
∙       Parcel – 61-15-122-100-0009-50
∙       Address: 5300 S Harvey St. Muskegon, MI 49444 Meijer Store #232

Old Business
07.   Site Plan – 2West 5542 S Dangl Fruitport, MI 49415
∙       Parcel 61-15-124-300-0001-00
∙       Purpose – Expansion of retail greenhouse

09. Public Comments

10. Adjournment

The township will provide necessary reasonable aids and services for this meeting to individuals with disabilities by writing or telephoning the Township Clerk:
Andrea Anderson
Fruitport Charter Township
5865 Airline Rd, Fruitport, MI  49415
(231) 865-3151.

AGENDA
FRUITPORT CHARTER TOWNSHIP BOARD OF TRUSTEES
FRUITPORT TOWNSHIP HALL
5865 AIRLINE ROAD, FRUITPORT, MI 49415

AUGUST 24, 2020

6:30 P.M. WORK SESSION
7:00 P.M. BOARD MEETING

This meeting will be held virtually via Webex.com in order to fight the spread of COVID-19.
Information to access the meeting:
Meeting number (access code): 126 639 9866
Meeting password: 7Szg2TpQZc8 (77942877 from phones and video systems)
Join by phone: 1-415-655-0001

01. Pledge of Allegiance to the Flag of the United States
02. Roll call
03. Approval of board minutes: 8/10/20 and 8/13/20
04. Approve / amend agenda
05. Correspondence / reports
06. Public comments regarding agenda items

07. Unfinished Business
A. Approval to Hire Officers Brendan Zandi and Noah Robart

08. New Business
A. Reappointment of Jason Franklin to Planning Commission

09. Approval of Bills
10. Reports
11. Public Comments
12. Adjournment

The Township will provide necessary reasonable aids and services for this meeting to individuals with disabilities by writing or telephoning the following Township Clerk: Andrea Anderson, Fruitport Township Hall, 5865 Airline Road, Fruitport, MI 49415    (231) 865-3151

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, July 27, 2020, in the township board room.

Members Present: Heidi Tice, Supervisor; Andrea Anderson, Clerk; Rose Dillon, Treasurer; Trustees Greg Hulka, Jeff Jacobs, Terry Knoll, Denise Winebarger
Members Absent: none

At 7:00pm, Heidi Tice opened the regular meeting with the Pledge of Allegiance followed by a prayer.

Also Present: 6- residents; 1- employees; 1- guests; Director of Public Safety, Brian Michelli; Director or Public Utilities, Steve Biesiada; Attorney, Ron Bultje.

The motion by Terry Knoll, supported by Rose Dillon, was carried unanimously, to approve the minutes of July 13, 2020 as presented.

The motion by Denise Winebarger, supported by Rose Dillon, was carried unanimously, to approve the agenda as presented with the following change:

Remove George Manning until he can be present.

CORRESPONDENCE / REPORTS
1. Steve Biesiada reported that the new DPW truck has arrived; the Broadway lift station has a pump down, but is being repaired tomorrow.
2. Brian Michelli reported that the Fire Department parking lot repairs and sealing are in progress.
3. A report from the Muskegon County Equalization office was shared.
4. Heidi Tice shared a cell tower lease buyout opportunity; MSU Extension newsletter was shared; produce boxes are being given away on Thursdays through a farm to family program; Senior Power of Produce is happening at the farmer’s market.

PUBLIC COMMENTS REGARDING AGENDA ITEMS: none

UNFINISHED BUSINESS:

20-068 Second Reading: Prohibition Against Disturbing Public Order and Decency Ordinance
The proposed ordinances will be additional tools to be able to take immediate action rather than waiting for the Prosecutor and provide a quicker way to diffuse a situation within Fruitport Township.

Terry Knoll moved, Greg Hulka seconded, MOTION CARRIED, to adopt Ordinance 817, the Prohibition Against Disturbing Public Order and Decency Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 817.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: None

20-069 Second Reading: Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition
Jeff Jacobs moved, Denise Winebarger seconded, MOTION CARRIED, to adopt Ordinance 818, the Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 818.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: None

20-070 Second Reading: Drug Paraphernalia Ordinance
Terry Knoll moved, Jeff Jacobs seconded, MOTION CARRIED, to adopt Ordinance 819, the Drug Paraphernalia Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 819.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: None

20-071 Harvey Street DDA
A DDA would develop a plan for improvements in a specified area. The plan would potentially increase the value of properties in the area and attract growth. The tax increments on the growth would be captured by the DDA.

The next step to begin the process would be to adopt a resolution to schedule a public hearing, declare the intent to form a DDA, and set boundaries.

20-072 Spruce Street Special Assessment
The topic of refusal of payment of invoice for attorney fees associated with altering the Spruce Street Special Assessment at the request of a resident was discussed. The option of taking the matter to court will not be worth the time and costs associated with it.

Terry Knoll moved, Heidi Tice seconded, MOTION CARRIED, to drop the pursuit of attorney fees associated with the alteration of the Spruce Street special assessment.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: None

It is recommended that an escrow account be set up for any future similar situations.

20-073 Kris Collee, AgeWell Services, to present senior services plan
Kris Collee was present to share the plan for senior services funding to be allocated to AgeWell Services. She recommends getting started with memberships for our residents that would provide seniors with opportunities to access wellness programs, fitness, meals, art, outdoor activities, etc. A different formula would be looked at for next year if the COVID pandemic is over. The Safe Seniors Task Force is a future option. AgeWell is currently providing meals to 8 residents in Fruitport.

Heidi Tice moved, Terry Knoll seconded, MOTION CARRIED, to approve the concept presented by Kris Collee to use $31,700 of senior service millage funds to provide meals on wheels and senior wellness activities.

An agreement will be prepared and presented.

NEW BUSINESS:

20-074 First Reading: Zone Change Amendment Ordinance- Broadway
On July 21, 2020, the Planning Commission made a recommendation to the Township Board to approve the zone change from M-1 Commercial Industrial Park District to the R-1 Medium Density Residential District for parcel number #61-15-101-200-0004-00 or 3724 E. Broadway Ave., Muskegon, MI 49444. The change would be consistent with the Master Plan and make the property a conforming lot. This constitutes the first reading of Ordinance 820. Final action will take place at the next regular scheduled board meeting on August 10, 2020.

20-075 First Reading: Zone Change Amendment Ordinance- Sternberg
On July 21, 2020, the Planning Commission made a recommendation to the Township Board to approve the zone change from B-3 Service Business District to the R-1 Medium Density Residential District for parcel number #61-15-123-400-0003-00 or 2921 E. Sternberg Rd., Fruitport, MI 49415. The change would be consistent with the Master Plan. This constitutes the first reading of Ordinance 821. Final action will take place at the next regular scheduled board meeting on August 10, 2020.

20-076 Dirt Bike Nuisance Discussion
Complaints continue to come regarding the noise and dust created by dirt bikes being ridden in a residential neighborhood. A discussion on how to resolve the issue included the option to create an ordinance limiting nuisances causing an unreasonable breach of peace on lots smaller than a particular size. The board would like the Planning Commission to look for a solution.

20-077 Payment of bills
Andrea Anderson moved, Terry Knoll seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $22,672.60; Public Safety $19,106.46; Water $45,097.76; Sewer $10,226.03
Totaling: $97,102.85

Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none

ADDITIONAL REPORTS:
1. Brian Michelli shared that the August slip ‘n slide event is cancelled due to the COVID pandemic; interviews have been done for the 2 vacant Police Officer positions and offers have been given.

PUBLIC COMMENTS PART II:
1. Mary Race thanked the board for looking for a solution for the dirt bike nuisance problem. She brought a copy of a letter signed by 7 neighbors who are concerned about the situation.

The motion by Terry Knoll, supported by Heidi Tice, was carried unanimously, to adjourn the meeting at 8:45pm.

ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR

AGENDA

FRUITPORT CHARTER TOWNSHIP BOARD OF TRUSTEES
SPECIAL MEETING
August 13, 2020
7:00 P.M.

This meeting will be held virtually via Webex.com in order to fight the spread of COVID-19.
Information to access the meeting:
Meeting number (access code): 142 006 6951
Meeting password: fxGcQPgB345 (39427742 from video systems)

01. Pledge of Allegiance

02. Roll Call

Unfinished Business
• Second Reading: Zone Change Amendment Ordinance- Broadway
• Second Reading: Zone Change Amendment Ordinance- Sternberg

New Business — none

03. Purpose of Special Meeting: staffing change in Police Department

04. Public Comment

05. Adjournment

The Township will provide necessary reasonable aids and services for this meeting to individuals with disabilities by writing or telephoning the Township Clerk: Andrea Anderson, Fruitport Township Hall, 5865 Airline Road, Fruitport, MI 49415 – (231) 865-3151

Posted August 11, 2020 @ 3:45pm

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, July 13, 2020, in the township board room.

Members Present: Heidi Tice, Supervisor; Andrea Anderson, Clerk; Rose Dillon, Treasurer; Trustees Greg Hulka, Jeff Jacobs, Terry Knoll
Members Absent: Denise Winebarger, excused

At 7:00pm, Heidi Tice opened the regular meeting with the Pledge of Allegiance followed by a prayer.

Also Present: 6- residents; 3- employees; 2- guests; Director of Public Safety, Brian Michelli; Director or Public Utilities, Steve Biesiada.

The motion by Rose Dillon, supported by Terry Knoll, was carried unanimously, to approve the minutes of June 22, 2020 as presented.

The motion by Terry Knoll, supported by Rose Dillon, was carried unanimously, to approve the agenda as presented with the following addition:

Item 8-G: Approval to purchase tabulator

CORRESPONDENCE / REPORTS
1. Brian Michelli reported that face covering mandates are being enforced the best they can.
2. Steve Biesiada reported that there have been many broken water services lately; the new valve installed in the smiley water tower is in operation; the purchase of the approved pick-up truck has been delayed.
3. Heidi Tice shared a notification regarding the board of determination for the North Point Drain as well as a notice of public hearing for Consumers Energy.

PUBLIC COMMENTS REGARDING AGENDA ITEMS: none

UNFINISHED BUSINESS:

20-057 First Reading: Prohibition Against Disturbing Public Order and Decency Ordinance
This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on July 27, 2020.

20-058 First Reading: Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition
This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on July 27, 2020.

20-059 First Reading: Drug Paraphernalia Ordinance
This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on July 27, 2020.

NEW BUSINESS:

20-060 George Manning Recognition Resolution
George Manning was to be honored for his 25 years of service to Fruitport Township. George served on the Planning Commission from 1992-1994 and on the Board of Review from 1997-2020. He was not able to be present at the meeting.

20-061 Risk and Resilience Assessment and Emergency Response Plan
The Utilities Department is looking to participate with other water customers of the City of Muskegon in contracting with Prein & Newhof to perform the EPA required Risk, Resilience Assessment and Emergency Response Plan. Fruitport’s 1/3 share between Fruitport Township, the City of Norton Shores, and the Water Authority would be $5,666.00. There is a cost savings by doing it as a group.

Jeff Jacobs moved, Terry Knoll seconded, MOTION CARRIED, to participate in the cost share for services related to the Risk, Resilience Assessment and Emergency Response Plan.

Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Hulka
Nays: none

20-062 Police Department Staffing
Officer Brett Holmes has submitted his resignation effective July 14, 2020.
Terry Knoll moved, supported by Heidi Tice, MOTION CARRIED, to accept the resignation of Officer Brett Holmes.

Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Hulka
Nays: None

Terry Knoll moved, supported by Jeff Jacobs, MOTION CARRIED, to give the Public Safety Director authorization to fill the vacancy.

Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Hulka
Nays: None

Interviews will be July 22, 2020.

20-063 Fire Department Staff Interviews
The Public Safety Committee interviewed the Full-time fire department staff in regards to community, personnel safety, leadership, and communication. Overall, the feedback was positive. The police department staff will be interviewed in the future.

20-064 Board of Review Resolution
The Board of Review needs to allow for more hours than a typical July BOR.

MCL 211.53B affords the governing body the opportunity to set an alternate start date for the July Board of Review to be during the week of the third Monday in July.

Heidi Tice moved, supported by Andrea Anderson, MOTION CARRIED, to adopt the resolution to move the start date of the July 2020 Board of Review to Wednesday, July 22, 2020.

Ayes: Hulka, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: none

20-065 DDA Discussion
Matt Farrar from Muskegon County presented information on tax increment financing. He shared some of the benefits of capturing tax revenue on growth to assist in infrastructure expenses that hinder development.

20-066 Approval to purchase tabulator
The Clerk presented the need for an additional tabulator due to a dramatic increase in absentee ballots. The need was unforeseen due to COVID and the issuance of absentee applications to all registered voters by the State of Michigan. The cost for the tabulator and related equipment is $5,545. The Clerk has applied for a 50% cost share through federal CARES act funding that is likely to be granted. This expense was not budgeted for due to the unforeseen nature.

Terry Knoll moved, supported by Rose Dillon, MOTION CARRIED, to authorize the Clerk to purchase an additional voting tabulator.

Ayes: Hulka, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: none

20-067 Payment of bills
Andrea Anderson moved, Heidi Tice seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $16,299.27; Public Safety $34,403.79; Water $56,361.16; Sewer $18,411.59; Street Lights $14,419.37; Trust & Agency $1,595.00
Totaling: $141,490.18

Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Hulka
Nays: none

ADDITIONAL REPORTS: none

PUBLIC COMMENTS PART II:
1. Tim Demumbrum introduced himself as a candidate for Muskegon County Drain Commissioner.

The motion by Rose Dillon, supported by Heidi Tice, was carried unanimously, to adjourn the meeting at 8:02pm.

ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, June 22, 2020, in the township board room.

Members Present: Heidi Tice, Supervisor; Andrea Anderson, Clerk; Rose Dillon, Treasurer; Trustees Terry Knoll, Denise Winebarger
Members Absent: Jeff Jacobs, Greg Hulka; excused

At 7:00pm, Heidi Tice opened the regular meeting with the Pledge of Allegiance followed by a prayer.

Also Present: 10- residents; 1- employees; 1- guests; Director of Public Safety, Brian Michelli; Attorney Ron Bultje.

The motion by Rose Dillon, supported by Terry Knoll, was carried unanimously, to approve the minutes of June 8, 2020 and June 15, 2020 as presented.

The motion by Rose Dillon, supported by Heidi Tice, was carried unanimously, to approve the agenda as presented.

CORRESPONDENCE / REPORTS
1. Brian Michelli reported that call volumes are normalizing as fear of COVID decreases.
2. Heidi Tice reported that the water main coming from Lake Michigan is still holding; there was a Board of Determination for the North Point Drain; JC Penny filed for bankruptcy; Muskegon Area First has produced an industrial directory.
3. Rose Dillon shared current financials.

PUBLIC COMMENTS REGARDING AGENDA ITEMS: none

UNFINISHED BUSINESS:
20-049 Kris Collee presenting senior services plan
Kris Collee was not present.

NEW BUSINESS:
20-050 Donna VanderVries with an update from Muskegon County Equalization
The Muskegon County Equalization Director, Donna VanderVries, presented updates. By Executive Order 2020-87, the opportunity for property tax appeals has been extended to the July Board of Review due to COVID, however appeals must still be based on values before December 31, 2019. Donna also reviewed pending and recently settled tax appeals including:
• Stellar Hospitality- 1951 & 1989 E. Sternberg (Pending)
• JC Penny- 5690 S. Harvey (Pending)
• Muskegon Wings- 5648 S. Harvey (Pending)
• GMRI- 1651 E. Sternberg (Pending)
• TF Muskegon MI LLC (Sears)- 5500 S. Harvey (Settled)
• Stellar Hospitality- 1951 & 1989 E. Sternberg (Settled)
• Lakes Mall (Younkers)- 5580 S. Harvey (Settled)
• Lakes Mall (The Lakes Mall)- 5500 S. Harvey (Settled)
• JC Penny- 5690 S. Harvey (Settled)
• FHVK- 1720 E. Sternberg (Settled)
• CD2007- 1720 E. Sternberg (Settled)
• Bonstores (Younkers)- 5580 S. Harvey (Settled)
• Arby’s- 5560 S. Harvey (Settled)
• Mercy Health- Personal Property (Settled)

20-051 Disturbing the peace ordinance discussion
Brian Michelli presented 3 ordinances that are general policing ordinances and are consistent with state law. The following ordinances will come to the board for first readings at the next meeting:
• Prohibition Against Disturbing Public Order and Decency Ordinance
• Drug Paraphernalia Ordinance
• Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition Ordinance

20-052 MTA online training membership
The general consensus was that it would not be utilized enough to justify the cost.

20-053 Blue Care Network COVID relief medical insurance adjustment
Rose Dillon reported that the Township received a COVID relief insurance adjustment in the amount of $483.60 for dental and $11,241.76 for medical from Blue Care Network.

20-054 Water shut-offs and penalties
The extension of the State of Emergency also extends the restrictions on penalties and shut-offs.

Rose Dillon moved, Terry Knoll seconded, MOTION CARRIED, to resume normal procedures in regards to water & sewer penalties and shut-offs once the executive order is lifted.

Ayes: Knoll, Anderson, Tice, Dillon, Winebarger
Nays: none

20-055 City of Muskegon beach parking pass
The Township has been given the opportunity to purchase beach parking passes from the City of Muskegon at a discounted rate of $15.00. The Township would then have them available for purchase at town hall.

Heidi Tice moved, Terry Knoll seconded, MOTION CARRIED, to purchase 50 passes to make available for sale.

Ayes: Knoll, Anderson, Tice, Dillon, Winebarger
Nays: none

20-056 Payment of bills
Terry Knoll moved, Denise Winebarger seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $6,948.97; Public Safety $19,280.96; Water $70,493.70; Sewer $628.96; Street Lights $14,361.51; Trust & Agency $736.62
Totaling: $112,450.72

Ayes: Knoll, Anderson, Tice, Dillon, Winebarger
Nays: none

ADDITIONAL REPORTS:
1. Brian Michelli reported that the July slip ‘n slide community day will be cancelled due to COVID social distancing guidelines.

PUBLIC COMMENTS PART II:
1. A group of residents and interested parties including Tim & Linda Wright, Barb Griffith, Steve Jones, Meggan Johnson, and Alison McKee were present to share their displeasure with the condition of Kendra Road.

The motion by Terry Knoll, supported by Andrea Anderson, was carried unanimously, to adjourn the meeting at 8:53pm.

ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR

AGENDA
FRUITPORT CHARTER TOWNSHIP BOARD OF TRUSTEES
FRUITPORT TOWNSHIP HALL
5865 AIRLINE ROAD, FRUITPORT, MI 49415

AUGUST 10, 2020

6:30 P.M. WORK SESSION
7:00 P.M. BOARD MEETING

This meeting will be held virtually via Webex.com in order to fight the spread of COVID-19.
Information to access the meeting:
Meeting number (access code): 126 981 6729
Meeting password: pKSgDEcp694 (75743327 from phones or video systems)

01. Pledge of Allegiance to the Flag of the United States
02. Roll call
03. Approval of board minutes: 7/27/20
04. Approve / amend agenda
05. Correspondence / reports
06. Public comments regarding agenda items

07. Unfinished Business
A. Harvey Street DDA resolution
B. Second Reading: Zone Change Amendment Ordinance- Broadway
C. Second Reading: Zone Change Amendment Ordinance- Sternberg

08. New Business
A. Foreclosure Property in Fruitport Township
B. Police Cruiser Purchase
C. Kiwanis Peanut Sales

09. Approval of Bills
10. Reports
11. Public Comments
12. Adjournment

~

The Township will provide necessary reasonable aids and services for this meeting to individuals with disabilities by writing or telephoning the following Township Clerk: Andrea Anderson, Fruitport Township Hall, 5865 Airline Road, Fruitport, MI 49415     (231) 865-3151