OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

April 22, 2003

The Oshtemo Township Board held its work session at the Township Hall. Supervisor VanDyke called the meeting to order at 5:00 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was Township Attorney Patricia Mason, Township Engineer Bob Snell, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge and 3 interested people.

EDC Committee Report - Trustee Brown reported that she along with EDC member Carl Benson, Supervisor VanDyke and Planning Director Stefforia have been meeting to discuss the future vision for the former Midwest Aluminum and Viking Die Cast property on Stadium Drive which the Township plans to acquire from the State. Discussion has included development of light industrial use along with a park element. Mr. Benson indicated approval would be necessary from the State.

Motion by Bushouse, second by Corakis to ask the committee to present the proposal to the proper State agency for consideration.

Sidewalks - Planner Bugge advised she had received information from the Kalamazoo County Road Commission that they do not require a permit for sidewalks. Discussion centered on how to proceed with an ordinance; it was noted direction had been previously given to the Planning Department to draft language for the site plan review process. Mike Ahrens and Jeff Gardner were present to discuss their wish to install sidewalks in the Oshtemo Woods plat. There was lengthy discussion on how to accomplish this since the plat is complete; it was noted that while the Road Commission does not require a permit, the Township constitutionally has control of the right of way. Mr. Ahrens and Mr. Gardner had concerns with a time limit being placed on the installation.

Motion by Bushouse, second by Rakowski to enter into a contract with Ahrens Construction authorizing the installation of sidewalks within the road right-of-way in the plat of Oshtemo Woods with the following requirements: (1) that Ahrens provide construction plans to the Township showing the completed sidewalk system which plans are subject to the review and approval of the Township Planning Dept. and Township Engineer; (2) that all sidewalks be constructed consistent with the standards and specifications for sidewalks of the Michigan Department of Transportation; (3) that sidewalks be installed by Ahrens at its expense along the right-of-way of each lot within a reasonable time after its sale; (4) that Ahrens shall install sidewalks along any portion of the right-of-way not associated with a lot; (5) that a performance guarantee shall be provided by Ahrens to the Township upon execution of the contract in an amount which is 150% of the estimated cost of the installation of all sidewalks within the plat; (6) that all sidewalks be installed and completed within the plat in accord with the approved plan at such time as 70% of the lots within the plat have been sold or 3 years from the execution of the contract, whichever first occurs or the Township may utilize the performance guarantee at that time to install all remaining sidewalks. Carried with Brown voting no.

Meeting was adjourned at approximately 7:00 p.m.

Supervisor VanDyke called the regular meeting to order at 7:10 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was Township Attorney Patricia Mason, Township Engineer Bob Snell, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge and 10 interested people.

Motion by Culp, second by Corakis to approve the minutes of the April 8th regular and April 17th special meetings. Carried.

Income to the General and Fire Funds of $269,593.05 and disbursements of $218,369.21 were reported. Motion by Rakowski, second by Corakis to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Rich Modderman, developer of the Rose Arbor Plat, expressed concern regarding increased sewer fees and how they will affect his ability to sell his property. Trustee Bushouse commented the Sewer/Water committee had met with Mr. Modderman and Wayne Taylor who expressed the same concerns at the last meeting. He further commented that while there was a considerable increase, fees had not been raised in several years and the intent is to review on an annual basis.

Jeff Crosby commented he was considering purchasing property but as a buyer, the fees seem prohibitive.

Paul & Rosamund Robbert, 5235 Beech, advised the house on the Frays property was not secure. They were advised the Township was aware and taking the necessary steps to secure it.

TRANSFER OF LIQUOR LICENSE - JOHN KELLEY

An application from John Kelley requesting transfer of the liquor license from the former LaFontanella restaurant from the corporation to his name was presented.

Motion by Brown, second by Culp to approve the liquor license transfer. Roll call showed Brown-yes, Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

TENTATIVE APPROVAL OF PRELIMINARY PLAT - WEST PORT TRAILS #3

Planner Mary Lynn Bugge presented West Port Trails #3 for Tentative Approval of a Preliminary Plat-Step 1. She advised the Planning Commission had reviewed the plat and recommended approval contingent upon Trayburne Trail be paved for its full length, proposed lots 84 and 85 have driveway access only onto Oakharbor Street, variances be granted from the Township Board to Oakharbor Street as it exceeds the 1,000 foot limit, and lots 89 and 90 which exceed the 4:1 depth-to-width ratio requirement due to steep topography, all lots subject to Kalamazoo County Human Services Department approval for septic systems, and a legal opinion be provided at final approval. She further advised letters from the Kalamazoo County Road Commission and Drain Commissioner had been received indicating they will accept construction plans, street names have been approved by the County, fees for Step 1 have been paid and street lighting must comply with Section 78.700. She also recommended approval be subject to review and approval of the Township Attorney and Engineer for water utility issues.

Motion by Brown, second by Everett to grant the variance for Oakharbor Street, which exceeds 1,000 feet. Carried.

Motion by Brown, second by Everett to grant the variance for lots 89 and 90 which exceed the 4:1 depth-to-width ratio due to steep topography. Carried.

Motion by Brown, second by Culp to grant tentative approval of a preliminary plat to West Port Trails #3 subject to the conditions of the Planning Commission and Planning Department. Carried.

REZONING - SECTION 25 & 26

Planner Jodi Stefforia presented a recommendation from the Planning Commission to rezone six parcels located on the north side of Parkview Avenue, west of 11th Street from R-2 Residential to R-4 Residential. She advised no comments were received from neighbors or owners of the property.

Motion by Culp, second by Rakowski to set First Reading for May 13th. Carried.

PLANNING COMMISISON REQUEST

DISTRIBUTE ACCESS MANAGEMENT PLAN

Planner Stefforia advised the Planning Commission has reviewed the Access Management Plan and prepared a draft update. She noted the document was adopted in 1991 and due to the growth, street extensions, widening and reclassifications along with progress being made on the Neighborhood Commercial Overlay Zone; it is appropriate to review the plan, text and maps, and update factual information. She further advised since the plan was adopted according to the Township Planning Act, the document must be distributed to the County, neighboring communities and utility companies for their comment.

In response to Board members questions, Ms. Stefforia advised the document will return to the Township Board for final approval.

Motion by Culp, second by Rakowski to distribute the updated draft Access Management Plan for comment. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

PLANNING COMMISISON REQUEST

DISTRIBUTE WEST MAIN REZONING REQEUST

Planner Stefforia advised the Planning Commission has received a rezoning request for 17 parcels along West Main between Westside Medical and 10th Street - both sides of the road - from R-2 Residential and R-3 Residential to C Commercial with properties on the south side being located in the 9th Street Overlay Zone. She further advised since the proposed rezoning would necessitate a Master Land Use Plan amendment, the Planning Act requires the County, neighboring communities and utilities the opportunity to comment

She noted that late last year the Planning Commission looked at the inventory of commercial property in the Township that are either vacant or underutilized and found no need to study an expansion of commercial zoning. She further noted the Planning Commission did not expand the area under consideration and found it was not necessary to study the Master Land Use Plan further before considering the rezoning, however, the commission must seek permission to distribute the proposed plan amendment to reclassify these areas as commercial from transitional and the 9th Street Focus Area.

Trustee Bushouse commented there had been discussion a few years earlier of rezoning this same area commercial; it was his understanding the parties involved could establish a Planned Unit Development, which could incorporate residential, office, and commercial elements. He further recalled comments that West Main not become another South Westnedge, there are 40 acre corners at 9th Street and West Main zoned commercial and the vision is to keep the majority of commercial east of US 131.

Motion by Bushouse, second by Culp to disapprove distribution of the Master Land Use Plan amendment for comment. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes.

HAWKERS/PEDDLERS ORDINANCE AMENDMENTS

Amendments to the Hawkers/Peddlers Ordinance were before the Board for Second Reading.

Motion by Brown, second by Corakis to adopt the text amendments. Roll call showed Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes.

TEXT AMENDMENTS

OUTDOOR ASSEMBLY, PLANT GROWTH & OPEN BURNING ORDINANCES

Text amendments to the Outdoor Assembly, Plant Growth and Open Burning Ordinances were before the Board for Second Reading. It was noted the Board had not received copies of the Open Burning Ordinance to review the definition of "agricultural burn".

Motion by Corakis, second by Rakowski to table the Second Reading of amendments to the Open Burning Ordinance to the May 13th meeting.

Motion by Everett, second by Culp to adopt the text amendments to the Outdoor Assembly and Plant Growth ordinances. Roll call showed Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes, Culp-yes.

RESOLUTION - CABLE ACCESS CHANNELS

Attorney Mason reviewed for the Board that Comcast, formerly Adelphia, in negotiating their franchise wish to provide two public access channels and due to the physical engineering of the cable lines, the Township must share the same two channels as Texas Township. She further advised Texas Township has requested one access channel from Kalamazoo and one access channel from Portage since a large portion of their township is in the Portage School District. Texas Township adopted a resolution making this request of Comcast. Ms. Mason advised she recommends entering into an agreement with Comcast to move forward with a franchise agreement that provides two access channels

Motion by Brown, second by Rakowski to concur with Texas Township Board and adopt a resolution that Comcast be allowed two access channels, one from Portage and one from Kalamazoo with notification from the Clerk. Roll call showed Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes.

LAWN SPRINKLER BID

Supervisor VanDyke presented a proposal from Sanderson-DeHaan for installation of lawn sprinklers at the Township Hall/Fire House No. 1 facility in the amount of $6,644.00.

Motion by Bushouse, second by Culp to approve the expenditure. Carried.

OTHER BUSINESS

PURCHASE OF GUN SAFE

Supervisor VanDyke reported he received a quote from On Target in the amount of $900.00 for a gun safe the Kalamazoo County Sheriff's Deputies would require for the satellite station being established at the Township Hall. The proposal includes delivery and set up.

Motion by Corakis, second by Rakowski to approve the expenditure contingent upon approval of the KCSD. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse commented the Sewer/Water Committee should reaffirm its recommendation to retain sewer and water fees at the current rate with annual review. Board members discussed that the increases were due to a long time frame with no adjustment, better notification should be provided for future reviews, which must be done on an annual basis to prevent a large increase being necessary.

There was no further business and the meeting was adjourned at approximately 8:40 p.m.

Attested: John VanDyke

DEBORAH L. EVERETT
Township Clerk Supervisor