AGENDA

 

The Georgetown Township Board will meet on Monday, December 12, 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 R. J. Poel

 

3.         Pledge of Allegiance to the Flag

 

4.         Roll Call

 

5.         Public Comments

 

6.         Approval of agenda as presented for December 12, 2005

 

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

 

A.     Letter from HUB with insurance information

B.     Ordinance fines received from Oct. 2005

C.     Code Enforcement Officer’s November 2005 Monthly Report

D.     Senior Center Monthly Activity Report for November 2005

E.      Sheriff Department Report for October 2005

F.      Primary Road Improvements for 2006

G.     Planning Commission minutes Dec. 7, 2005 (for action item-Meijer special use permit)

H.     Fire Department Report for November 2005

 

8.         Consent agenda

 

            Motion:            To grant the following:

a.         Approval of minutes of the regular board meeting held on November 28, 2005

b.         Approval of Monthly Bills

c.         Final Plat Approval for Georgetown Shores No. 5

 

9.         Budget Amendments

 

            Motion:            To                     the budget amendments

 

            Note:                The Finance Committee recommended approval

 

10.       Second Reading and Adoption of Ordinance No. 2005-09 Non-Motorized Path

Ordinance

 

            Motion:            To                     the second reading and adoption of Ordinance

No. 2005-09, Non-Motorized Path Ordinance, as follows:

 

ORDINANCE NO. 2005-09

Non-Motorized Path Ordinance

 

The Charter Township of Georgetown ordains that Chapter 10 of the Code of Ordinances is amended as follows:

 

Sec. 10-216.  Construction by land owner; sidewalk locations.

 

The township board has the authority (at its discretion) to order the installation and construction of sidewalks and/or non-motorized paths, pursuant to township sidewalk and/or non-motorized path specifications, in any area of the township it deems reasonably necessary in order to protect the health, safety or welfare of the residents of the township.

 

Concrete sidewalks shall be installed, constructed, and maintained adjacent to paved streets in all new residential developments given final plat approval after June 1, 2000, and all developments given site plan or planned unit development approval after June 1, 2000.  Non-motorized paths twelve feet in width shall be installed, constructed with asphalt, and maintained adjacent to paved streets in all new residential developments given final plat approval after January 1, 2006, and all developments given site plan or planned unit development approval after January 1, 2006 in place of sidewalks along the following streets:

a.                  48th Ave.

b.                  36th Ave. from Baldwin Street to Fillmore Street

c.                   40th Ave. from Bauer Road to Fillmore Street

d.                  Bauer Road from 36th Ave. to 48th Ave.

e.                  Fillmore Street from 28th Ave. to 48th Ave.

 

In all instances of plats given final plat approval after June 1, 2000, or other developments where sidewalks and/or non-motorized paths are required, the sidewalks and/or non-motorized paths shall be constructed by the property owner on all property within the plat or development adjacent to all paved streets no later than five (5) years from the date of final plat approval or other approval of the development by the township whether or not construction has taken place on such property.   Where a developer or property owner does not desire to construct and install a sidewalk or sidewalks pursuant to the initial construction or installation of improvements within the plat or development involved and has obtained township approval, the township shall have the authority to require that financial security be filed with the township (in the form of a cash deposit, bond, or irrevocable letter of credit, and in a form, amount, and from a financial institution deemed acceptable to the township) in an amount estimated by the Township to be sufficient to cover the costs of installation of sidewalks in all portions of the plat or development plus reasonable incidental additional costs and expenses.

 

Existing commercial or industrial developments which receive substantial additions or improvements, defined as a construction cost of $20,000.00 or more within a 12-month period, shall construct, install, and maintain township-approved concrete sidewalks.  Non-motorized paths twelve feet in width shall be installed, constructed with asphalt, and maintained adjacent to paved streets in place of sidewalks along the following streets:

a.                  48th Ave.

b.                  36th Ave. from Baldwin Street to Fillmore Street

c.                   40th Ave. from Bauer Road to Fillmore Street

d.                  Bauer Road from 36th Ave. to 48th Ave.

e.                  Fillmore Street from 28th Ave. to 48th Ave.

 

Sidewalks and/or non-motorized paths shall be shown on the site plans submitted to the Township for approval and shall be constructed prior to the issuance of the occupancy permit.

 

All required sidewalk and non-motorized path construction herein shall be at the sole cost and responsibility of the owner of the property involved.

 

The following projects shall be exempt from such sidewalk and/or non-motorized path requirements: all developments located in the AG and RR zoning districts except for those developments, projects, or uses within the AG or RR zoning districts which are of such a size or which will have such potential impacts that the township board deems it reasonably necessary that sidewalks and/or non-motorized paths shall be installed, constructed, and maintained in order to protect the health, safety, and welfare of the residents and property owners in the area; exterior cosmetic alterations which do not increase the usable area or exterior limits of the building; interior alteration work; and projects which do not require the submission to and approval of a site plan by the township.

 

The township board shall have the authority to waive the sidewalk and/or non-motorized path requirement (as well as sidewalk or non-motorized path construction standards) if, in the opinion of the township board, the requirement would result in significant unfairness or unreasonable hardship.

 

Effective Date.  This ordinance shall become effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on November 28, 2005, published on December 6, 2005, read for the second time and adopted by the Georgetown Charter Township Board on                        , published for the second time on         , and effective thirty days from second publication which is   .

 

            Note:    The Water/Sewer (Utilities/Facilities) Committee recommended approval

 

11.       Second Reading and Adoption of Ordinance No. 2005-10 Cemetery Headstone

Ordinance

 

            Motion:            To                     the second reading and adoption of Ordinance

No. 2005-10, Cemetery Headstone Ordinance, as follows:

 

ORDINANCE NO. 2005-10

Cemetery Headstone Ordinance

 

The Charter Township of Georgetown ordains that Chapter 18 of the Code of Ordinances is amended as follows:

 

(d)        Number and size limitations. Not more than one upright memorial or headstone shall be allowed above the ground or at ground level on any one grave space or double grave space. Maximum memorial or headstone sizes shall be as follows:

1.         East Addition Lots 191--423, 434--438, 449--453, 464--468, 479--483, 500--504,

515--519:

Single grave ..........24" ×  12" ×  6" high 30” by 12” by 6” high

Adjacent (double) graves ..........36" ×  12" ×  6" high

2.         West Addition and East Addition Lots 1--190, 424--433, 439--448, 454--463,

469--499, 505--514:

Same as above but allow duplication of any existing headstone in West or East Addition.

3.         North Addition:

Single grave ..........Up to 24" ×  12" ×  6" high 30” by 12” by 16” high

Adjacent (double) graves ..........Up to 36" ×  12" ×  6" high 36” by 12” by 16” high

4.         Babyland:

Baby grave ..........16" ×  8" flush

5.         Potters Field:

Single grave ..........24" ×  12" flush

6.         Lots in East Section (Wooded Area) #783--811 and 1127--1155 will remain

natural wooded area.

 

Effective Date.  This ordinance shall become effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on November 28, 2005, published on December 6, 2005, read for the second time and adopted by the Georgetown Charter Township Board on                        , published for the second time on                     , and effective thirty days from second publication which is                 .

 

            Note:                The Services Committee (in Sept. 19, 2005 meeting) recommended approval

 

12.       Second Reading and Adoption of Ordinance No. 2005-11 Parkway Ordinance

 

            Motion:            To                     the second reading and adoption of Ordinance

No. 2005-11, Parkway Ordinance, as follows:

 

ORDINANCE NO. 2005-11

Parkway Ordinance

 

The Charter Township of Georgetown ordains that Chapter 50 of the Code of Ordinances is amended as follows:

 

Sec. 50-51.  For tentative approval of preliminary plat.

Any preliminary plat or extended phase of a preliminary plat filed for approval with the township must conform with the following standards and specifications:

 

(9)        Common and open space areas.  When a plat includes common and/or open

space areas, an association shall be established to provide for the continued maintenance of such areas.  In instances of double frontage lots (where a lot abuts a street where no access would be allowed), an association shall be responsible for the maintenance of parkways (the area between the pavement of the road and the right-of-way/property line) adjacent to the street where no access is permitted.

 

Effective Date.  This ordinance shall become effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on November 28, 2005, published on December 6, 2005, read for the second time and adopted by the Georgetown Charter Township Board on                        , published for the second time on                     , and effective thirty days from second publication which is                 .

 

            Note:                The Finance Committee recommended approval

 

13.       Introduction and First Reading of Ordinance No. 2006-01, Michigan Motor

Motor Vehicle Code and Uniform Traffic Code

 

            Motion:            To introduce and read for the first time Ordinance No. 2006-01,

Michigan Motor Vehicle Code and Uniform Traffic Code, as follows:

 

AN ORDINANCE TO AMEND CHAPTER 54 OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF GEORGETOWN, MICHIGAN, TO ADOPT THE MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE BY REFERENCE

            THE CHARTER TOWNSHIP OF GEORGETOWN ORDAINS:

Section 1.         Amendment.  That Chapter 54 of the Code of Ordinances, Charter Township of Georgetown, Michigan, is hereby amended to read as follows in its entirety:

ARTICLE I. TRAFFIC CODE

Sec. 54-1.  Michigan Vehicle Code adopted.

Pursuant to the provisions of the Michigan Charter Township Act, 1947 PA 359; MCLA 42.23; MSA 5.26(23), the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949, as amended, MCL 257.1, et seq., is adopted by reference, as if fully set forth herein.

Sec. 54-2.  References in code.

                References in the Michigan Vehicle Code to “local authorities” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

Sec. 54-3.  Enforcement; sanctions.

                (a)           The Michigan Vehicle Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

                (b)           The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the township may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.

                (c)           When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Sec. 54-4.  Uniform Traffic Code Adopted.

                The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002 is adopted by reference, as if fully set forth herein.

Sec. 54-5.  References in code.

                References in the Uniform Traffic Code to “governmental unit” or “municipality” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

Sec. 54-6.  Enforcement; sanctions.

                (a)           The Uniform Traffic Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

                (b)           The penalties provided by the Uniform Traffic Code are adopted by reference, provided, however, that the township may not enforce any provision of the Uniform Traffic Code for which the maximum period of imprisonment is greater than 93 days.

                (c)           When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Section 2.        Pending Proceedings.  All proceedings pending and all rights and liabilities existing at the time this ordinance takes effect are saved and may be consummated or continued according to the law in force when they were commenced.  No prosecution initiated prior to the effective date of this ordinance or initiated after the effective date of this ordinance for an offense committed prior to the effective date shall be affected by this ordinance.

Section 3.        Publication.  The Township Clerk shall publish a summary of this ordinance in the manner provided by law and shall at the same time publish a supplementary notice setting forth the purpose of the Michigan Vehicle Code and Uniform Traffic Code and the fact that a complete copy of the Michigan Vehicle Code and Uniform Traffic Code are available at the office of the Township Clerk for inspection by the public at all times.

Section 4.        Effective Date.  This ordinance shall take effect upon its publication as required by state law.  (To be published after adoption and effective 30 days after publication.)

Note:               The Township Attorney recommended that the Township adopt the MMVC

and UTC each year.  The Township currently enforces the MMVC (which is readopted annually to include all revisions).  With the new ordinance, this will continue; however, the Township will have the ability to enforce the recently amended version of the UTC (which previously largely duplicated the MMVC, but now has been amended such that only its unique supplemental provisions remain).  The attorney said that the ordinance HAS to be readopted each year and it could not contain wording to include amendments each year without readopting it.

Summary of the Michigan Vehicle Code and Uniform Traffic Code

The Michigan Vehicle Code is an act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways and to provide penalties and sanctions for its violation.

The Uniform Traffic Code is an administrative rule promulgated by the Michigan Department of State Police to provide local law enforcement officers with the authority to locally enforce traffic laws; to provide for local traffic administration; to provide for the rights and duties of pedestrians; to regulate the operation of motorcycles, mopeds and toy vehicles; to provide for the rights and duties of drivers and others; to provide for the establishment and maintenance of traffic control devices; and to compel obedience to traffic regulations and provide sanctions for their violation.

 

            Note:                The Finance Committee recommended approval

 

14.       Extend Plat Approval Time for Alward Estates West

 

            Motion:            To                     the request to extend the approval time for Alward Estates

West for one year, which is until January 26, 2007. 

 

            Note:                Final preliminary plat approval was granted on January 26, 2004, so

they had until January 26, 2006 to return for final plat approval

 

Sec. 50-77.  Conditions for approval of final plat.

(a)        Within two years after final approval of the preliminary plat by the township, unless such time is extended by action of the township board, the proprietor shall resubmit the final plat for approval, together with all necessary documents and letters so as to comply with the subdivision control act.

 

15.       Special Use Permit (SUP0512) Meijer

 

Motion:            To                     Special Use Permit (SUP0512) Meijer Stores L.P. (Progressive

AE), 550 Baldwin, to have a drive-in establishment under Sec. 15.3(A) and an open air business under Sec. 15.3(B) as shown in Option A. of the site plan dated 11/22/05, on a parcel of land described as P.P. # 70-14-13-300-075, located at 550 Baldwin, in a (CS) Community Service Commercial because the proposed plan meets the applicable standards of the ordinance including the general standards in Sec. 20.3(A) and specific standards Sec. 20.4(L) and 20.4(Z). Option A, elevations

 

Note:                The Planning Commission recommended approval

 

            Attachment:      site plan (paper copy available in the Township office)

 

16.       Public Comment (maximum 3 minutes per person)

 

17.       Board Open Discussion

 

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

 

19.       Reports from Standing Committees

 

            Finance Committee meeting minutes of December 9, 2005

 

20.       Meeting adjourned at             p.m.