MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD DECEMBER 12, 2005, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by R. J. Poel
Pledge
of Allegiance to the Flag
Roll
Call
Present: Bill Holland, Daniel Carlton, R. J.
Poel, Del South, Richard VanderKlok,
Dale Mohr
Absent: Stanley Sterk
#051212-01 - Public Comments
No one was present to make public comments.
#051212-02 - Approval of
agenda as
presented for December 12, 2005
Moved by R. J. Poel, seconded by Richard VanderKlok,
to approve the agenda
as presented.
MOTION CARRIED.
#051212-03 - 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
#051212-04 - Consent agenda
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
Moved
by R. J. Poel, seconded by Del South, to approve the consent agenda as
presented.
MOTION
CARRIED.
#051212-05 - Budget
Amendments
Moved by Daniel Carlton, seconded by Richard
VanderKlok, to approve the budget
amendments
Note: The Finance Committee recommended approval
MOTION CARRIED.
#051212-06 - Second Reading and Adoption of Ordinance
No. 2005-09 Non-Motorized Path
Ordinance
Moved
by Richard VanderKlok, seconded by Dale Mohr, to approve 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 December 12, 2005,
published for the second time on December 20, 2005, and effective thirty days
from second publication which is January 19, 2006.
Note: The
Water/Sewer (Utilities/Facilities) Committee recommended approval
Moved by Dale Mohr, seconded by Bill Holland, to
amend the motion to change the twelve foot dimension for each time the twelve
foot dimension is mentioned to eight feet and to have the new requirements for
the path be listed as a separate paragraph.
Yeas: Bill
Holland, Daniel Carlton, R. J. Poel, Del South, Dale Mohr, Richard VanderKlok
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
Moved by Bill Holland, seconded by R. J. Poel, to
amend the motion to change the requirements for Fillmore to go from 36th
Ave. to 48th Ave. in both categories.
Yeas: Bill
Holland, Daniel Carlton, R. J. Poel, Del South, Richard VanderKlok
Nays: Dale
Mohr
Absent: Stanley Sterk
MOTION CARRIED.
The motion as amended is to approve 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 eight 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 36th 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 eight 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 36th 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 December 12, 2005,
published for the second time on December 20, 2005, and effective thirty days
from second publication which is January 19, 2006.
Yeas: Bill
Holland, Daniel Carlton, R. J. Poel, Del South, Dale Mohr, Richard VanderKlok
Nays: none
Absent: Stanley Sterk
MOTION AS AMENDED CARRIED.
#051212-07 - Second Reading and Adoption of Ordinance
No. 2005-10 Cemetery Headstone
Ordinance
Moved
by R. J. Poel, seconded by Richard VanderKlok, to approve 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 December 12, 2005, published for
the second time on December 20, 2005, and effective thirty days from second
publication which is January 19, 2006.
Note: The Services Committee (in Sept.
19, 2005 meeting) recommended approval (“ denotes
inches)
Yeas: Bill
Holland, Daniel Carlton, R. J. Poel, Del South, Dale Mohr, Richard
VanderKlok
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#051212-08 - Second Reading and Adoption of Ordinance
No. 2005-11 Parkway Ordinance
Moved
by Bill Holland, seconded by Richard VanderKlok, to approve 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 December 12, 2005, published for
the second time on December 20, 2005, and effective thirty days from second
publication which is January 19, 2006.
Note: The
Finance Committee recommended approval
Yeas: Bill
Holland, Daniel Carlton, R. J. Poel, Del South, Dale Mohr, Richard
VanderKlok
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#051212-09 - Introduction
and First Reading of Ordinance No. 2006-01, Michigan Motor
Vehicle Code
and Uniform Traffic Code
Moved by Del South, seconded by Richard VanderKlok,
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
MOTION CARRIED.
#051212-10 - Extend Plat Approval Time for Alward
Estates West
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve 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.
MOTION CARRIED.
#051212-11 - Special Use Permit (SUP0512) Meijer
Moved by Bill Holland, seconded by Del South, to
approve adding the condition as follows:
that the
letter dated November 9, 2005 is changed to delete “mutually agreed by both”
and the wording is changed to state “agreed by either” as agreed to during the
meeting with Township Officials and Meijers
MOTION CARRIED.
Moved by R. J. Poel, seconded by Richard VanderKlok,
to approve 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,
(letter),
with the condition that the letter
dated November 9, 2005 is changed to delete “mutually agreed by both” and the
wording is changed to state “agreed by either” as agreed to during the meeting
with Township Officials and Meijers
Note: The
Planning Commission recommended approval
MOTION CARRIED.
#051212-12 - Public Comment
Brian
VanLente, 3644 Fillmore, was concerned with the
adoption of the non-motorized path ordinance.
He asked who would be responsible for the maintenance and who would be
liable for accidents.
Hercill Batts, 6841 Sherwood Dr., said that the non-motorized path
ordinance would create a burden for the homeowner to clear the snow and the
Township should take responsibility to maintain it. He said that the path should only be on one
side of the street because both sides were more than needed.
#051212-13 - Board Open Discussion
There
was no open board discussion.
#051212-14 - Announcement of any scheduled meeting of
interest to board members
R.
J. Poel said that the Services Committee would meet on Monday morning at 7:30
a.m.
#051212-15 - Reports from Standing Committees
Finance
Committee meeting minutes of December 9, 2005
#051212-16 - Meeting adjourned at 7:55 p.m.
William Holland, Supervisor
R.
J. Poel, Clerk