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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

December 10, 2002

Public Comment session was held at the Township Hall. Supervisor VanDyke called the meeting to order at 6:00 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 Patricia Mason, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Planning Director Jodi Stefforia and 3 interested people.

PUBLIC COMMENT

None.

The Board held discussion regarding sewer/water fees and reviewed a recommendation from the Sewer/Water Committee to increase current rates. It was noted current fees do not cover construction costs of new sewer, the Township has been proactive citing the 9th and 10th Streets projects done in conjunction with the Road Commission projects. It was also discussed that fees should be reviewed annually.

Ken Hubers, representing the Home Builders Association expressed concern regarding the proposed increase.

Supervisor VanDyke called the regular meeting to order at 7:00 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 Patricia Mason, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge, Building Official Bob Horton, Ordinance Enforcement Officer Scott Paddock, Assistant Fire Chief Jim Wiley and 4 interested people.

Motion by Brown, second by Culp to approve the minutes of the November 26th meeting. Carried.

Income to the General and Fire Funds of $28,230.99 and disbursements of $107,032.49 were reported. Motion by Culp, second by Corakis to accept the report as presented. Carried.

CITIZENS COMMENTS

None.

RECOMMENDATION FROM BUILDING OFFICIAL RESIDENTIAL/COMMERICAL PERMIT FEES

Building Official Bob Horton presented a recommendation that residential building permit fees be increased 5% for 2003. He cited additional inspections now required under the 2000 Michigan Building Code, and also noted re-inspections are made to some projects.

Mr. Horton advised he had discussion with Ken Hubers of the Home Builders Association and while they were not entirely opposed to the increase, they would like it to be effective March 1st, giving contractors 60-90 days to incorporate the increase into their planning.

Supervisor VanDyke advised a letter had been received from the Home Builders Association and he had also spoken with Mr. Hubers. Mr. VanDyke commented previous discussion by the Board indicated a review would be done with any increases effective January 1st. Trustee Bushouse concurred feeling communication with the Home Builders has made them aware of the reviews and effective date and a 5% increase should not be unexpected.

Motion by Bushouse, second by Culp to accept the recommendation from the Building Department for a 5% increase in residential building permit fees effective January 1st. Carried.

Mr. Horton then presented a recommendation to adopt a permit fee multiplier formula for calculating building permits for commercial projects. The Board discussed this on September 10th.

There was discussion that since commercial growth is consistent on an average annual basis, the multiplier would remain consistent also and would be reviewed on an annual basis.

Motion by Bushouse, second by Culp to approve the permit fee multiplier formula for commercial building permits and adopt a resolution approving residential and commercial permit fees and extra fees sufficient to cover independent expert review or any other special review costs. Roll call showed Brown-yes, Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

REZONING - SECTION 16 - AG TO C

Planning Director Jodi Stefforia presented a recommendation from the Planning Commission to rezone the eastern half of property located at 8403 West Main from "AG", Agricultural-Rural to "C", Local Business. She advised the western half and the abutting parcel with which this property will be combined are already zoned C. She further noted the Planning Commission concluded the rezoning was consistent with the Master Land Use Plan given the neighborhood commercial designation in the area.

Motion by Brown, second by Rakowski accept the Planning Commission recommendation and set First Reading for December 17th. Carried.

ACCESSORY BUILIDNG ORDINANCE TEXT AMENDMENT-PUD-VILLAGE COMMERCIAL DISTRICT TEXT AMENDMENT - SIGN ORDINANCE- TIME/TEMPERATURE ELEMENT DEFINITION OF FAMILY ORDINANCE

Clerk Everett advised these items had been combined for cost savings in publishing. Motion by Rakowski to remove text amendment of the sign ordinance to allow time/temperature elements for separate action. Motion failed for lack of support.

ACCESSORY BUILDINGS

A Planning Commission recommendation for provisions to address accessory buildings on residential properties was before the Board for Second Reading.

TEXT AMENDMENT - PUD - VILLAGE COMMERICAL DISTRICT

A Planning Commission recommendation to amend the text of Section 60.420 to identify the Planned Unit Development (PUD) land use option as available in the "VC" Village Commercial district was before the Board for Section Reading.

TEXT AMENDMENT - SIGN ORDINANCE- TIME/TEMPERATURE ELEMENT

A Planning Commission recommendation to amend the text of the Sign Ordinance to allow time and temperature features to be added to signs was before the Board for Second Reading.

DEFINITION OF FAMILY

A Planning Commission recommendation to establish a definition of family for purposes of rental housing was before the Board for Second Reading.

Motion by Corakis, second by Bushouse to adopt the ordinance regarding accessory buildings, PUD in "VC" District, time/temperature elements for signs, and definition of family. Roll call vote showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-no, VanDyke-yes, Brown-yes. Trustee Rakowski commented he voted no because he does not support the time/temperature elements being allowed on signs.

RENTAL HOUSING REGISTRATION ORDINANCE

Planner Mary Lynn Bugge presented a recommendation from the Rental Housing Committee to adopt a Rental Housing Registration Ordinance. She advised the committee members were former Trustee Jim Worline, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge, Ordinance Enforcement Officer Scott Paddock, Building Official Bob Horton, Assistant Fire Chief Jim Wiley, and Attorney Pat Mason. She further advised the ordinance is recommended in order to provide for the protection of the character and stability of residential areas, prevent overcrowding of dwelling units and the stress and damage to neighborhoods associated with their overcrowding.

Ms. Bugge also advised the proposed ordinance would require owners of rental property to register with the Township, the application fee would be $100.00 plus $5.00 per dwelling unit over 4 units on a single premises and the term would be 2 years.

Trustee Bushouse expressed concern that the committee did not include members of the public or rental agents and inquired as to the right of inspection.

Member of the committee advised the ordinance allows inspections as deemed necessary and would be done on a complaint basis. It was also noted properties would be required to meet building standards at the time of construction, and the current property maintenance code which is part of the State Construction Code, adopted by the Township.

Motion by Culp, second by Brown to accept the proposed Rental Housing Registration Ordinance for First Reading and set Second Reading for January 14th. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-no.

DISCUSSION - POLICE PROTECTION

Supervisor VanDyke advised regarding acquiring additional police protection, he will have discussion with the City of Kalamazoo and he has written a letter to the Kalamazoo County Sheriff's Department requesting first option for two additional deputies becoming available, at the 50 percent shared cost. He also advised there is interest regarding current deputies working 12-hour shifts, which could provide 24-hour coverage.

County Commissioner Elect Bob Brink advised the county budget for 2003 has frozen the number of contracted deputies at 18, at 50% cost, which includes the two expected to become available. He also advised any additional requested deputies would include all incremental costs, approximately $80,000. He also advised the discussion of 12 hour shifts would involve contractual obligations, which are currently in negotiation, and Undersheriff Mike Anderson will be submitting a proposal to the County Board regarding patrol of the county. Mr. Brink also advised he would assist any way he can to seek approval of 50 % cost share if the Township wishes to contract the two extra deputies.

OTHER BUSINESS

Clerk Everett presented a resolution for applying for reimbursement of expenditures related to the cleanup of the KL Landfill. A resolution stating we have not and will not receive reimbursement from other sources is required.

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

BOARD MEMBER COMMENTS

Trustee Brown commented that in light of the recent revenue sharing cuts there is a need to keep close watch on the Township budget.

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There was no further business and the meeting was adjourned at approximately 8:10 p.m.

DEBORAH L. EVERETT

Township Clerk

Attested: John VanDyke

Supervisor