DATE 01/11/2001

SPECIAL MEETING

The Clinton County Board of Commissioners met Thursday, January 11, 2001 at 10 a.m. with Chairperson Arehart presiding.

PLEDGE OF ALLEGIANCE AND ROLL CALL

The pledge of allegiance was given to the flag. Roll was called and a quorum reported. Present were Larry Martin, Mary L. Rademacher, John W. Arehart, Russel Bauerle, Virginia Zeeb, Scott Hummel and Sara Clark Pierson.

COUNTY PERSONNEL

VISITORS

John Sutherland, Kara Ely, Mark Schlegel, David Schlegel, Matt Schlegel and John Fifarek.

AGENDA

The agenda was amended to include the following items:

• Appointment to the Zoning Board of Appeals
• Appointment to Green Space Commission

BOARD ACTION: Commissioner Zeeb moved, supported by Commissioner Hummel to approve the agenda as amended. Motion carried.

ZONING

John Hodges, County Planning Director presented the following Zoning matters:

PC-33-12-2000 Request for Special Use Permit submitted by Carl Schlegel, Inc. in Section 32 of Duplain Township to renew Special Use Permit PC-17-12-95 to continue to mine sand and gravel.

Discussed were concerns expressed by neighboring property owners and the construction of berms per verbal agreements.

BOARD ACTION: Commissioner Martin moved, supported by Commissioner Rademacher to concur with the recommendation of the Planning Commission to approve the request for Special Use Permit. Discussion followed.

Chairperson Arehart called for public comments. There were no public comments.

Chairperson Arehart called for Commissioner’s comments. Commissioner Bauerle requested that more complete maps be submitted for these types of requests and also noted clerical corrections to be made to the Special Use Permit.

Voting on the motion by roll call vote, those voting aye were Zeeb, Rademacher, Martin, Hummel, Pierson, Bauerle and Arehart. Seven ayes, zero nays. Motion carried.

PC-34-12-2000 Request for Special Use Permit submitted by Carl Schlegel, Inc. in Sections 34 and 35 of Greenbush Township to establish a sand and gravel mining operation.

Commissioner Martin relayed concerns expressed in a telephone conversation by Russell Gingrich, an adjoining landowner. Mr. Gingrich continued to express many of the same concerns that were raised at the Planning Commission meeting which included a potential water problem in the Bond and Hall Drains as a result of building a berm. Chairperson Arehart noted a letter was received today from the Gingrich’s outlining their concerns.

Chairperson Arehart called for public comments. There were no public comments.

BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Rademacher to concur with the recommendation of the Planning Commission to approve the request for Special Use Permit. Voting on the motion by roll call vote, those voting aye were Bauerle, Pierson, Hummel, Martin, Rademacher, Zeeb and Arehart. Seven ayes, zero nays. Motion carried.

PC-35-12-2000 Request for Special Use Permit submitted by Carl Schlegel, Inc. in Section 31 of Duplain Township to renew Special Use Permit PC-16-12-95 to continue to mine sand and gravel.

Chairperson Arehart called for public comments. There were no public comments.

BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Martin to concur with the recommendation of the Planning Commission to approve the request for Special Use Permit. Discussion followed regarding the fencing requirements. Voting on the motion by roll call vote, those voting aye were Pierson, Hummel, Martin, Rademacher, Zeeb, Bauerle and Arehart. Seven ayes, zero nays. Motion carried.

PC-36-12-2000 Request for Special Use Permit submitted by Glacial Aggregates in Section 34 of Greenbush Township to renew Special Use Permit PC-01-01-95 to continue the mining operation for a 2-year period.

Chairperson Arehart called for comments. Commissioners discussed the original Special Use Permit and the clean up of the site. The prior owner had placed a large amount of broken cement block on the property.

BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Bauerle to concur with the recommendation of the Planning Commission to approve the request for Special Use Permit. Voting on the motion by roll call vote, those voting aye were Zeeb, Bauerle, Pierson, Rademacher, Martin and Arehart. Voting nay was Hummel. Six ayes, one nay. Motion carried.

Mr. Hodges, Planning Director will follow up with a report as to the progress of cleaning up the site in the next 6 months.

The new owner Mr. John Sullivan of 7753 St. Clair Road spoke briefly. He noted that a large portion of the site has been cleaned up and the balance of the property should be cleaned up within 1 year.

PC-37-12-2000 Request to Rezone submitted by Gary Vandenberg (Wal-Mart) to Rezone a parcel from R-3 under the City of St. Johns Zoning to B - Commercial under Bingham Township, Clinton County Zoning in Section 15 of Bingham Township.

Chairperson Arehart reported that an opinion has been received from the County’s Attorney. Based on the opinion, no action should be taken until a legal transfer has occurred between Bingham Township and the City of St. Johns. Therefore, the matter will remain tabled at this time.

PC-39-12-2000 Amend the Clinton County Zoning Map to rezone from A-2 General Agricultural to MH-Manufactured Housing District, a parcel in Section 16 of Westphalia Township, a parcel in Section 29 of Bingham Township and a parcel in Section 11 of Ovid Township.

Mr. Hodges noted that these parcels are currently mobile home sites.

BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Bauerle to concur with the recommendation of the Planning Commission to approve the amendments to the Clinton County Zoning Map. Voting on the motion by roll call vote, those voting aye were Pierson, Zeeb, Hummel, Rademacher, Bauerle, Martin and Arehart. Seven ayes, zero nays. Motion carried.

COMMISSIONER RADEMACHER EXCUSED

Commissioner Mary Rademacher requested to be excused from the meeting. Chairperson Arehart acknowledged Commissioner Rademacher's request to be excused.

ZONING BOARD OF APPEALS APPOINTMENT

Commissioner Bauerle introduced discussion regarding the appointment to the Zoning Board of Appeals.

BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Hummel to appoint Mr. Gail Watkins to the Zoning Board of Appeals. Chairperson Arehart called for further nominations. None were offered. Motion carried.

GREEN SPACE COMMISSION APPOINTMENT

Commissioner Bauerle introduced discussion regarding the appointments to the Green Space Commission.

BOARD ACTION: Commissioner Bauerle, moved, supported by Commissioner Martin to appoint the following individuals to the Green Space Commission:

Tom O’Bryant, Drain Commissioner Representative

Stephanie Ward, Planning Commission Representative

Mary Rademacher and Sara Clark Pierson, County Commissioner Representatives

Chairperson Arehart called for further nominations. None were offered. Motion carried.

Commissioner Bauerle noted that a Road Commission Representative has not been selected yet.

ADJOURNMENT

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Diane Zuker, County Clerk