OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

February 10, 2004

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, and Bob Snell, Township Engineer.

PUBLIC COMMENT

None.

Township Board members reviewed and discussed the various workshops attended at the Michigan Townships Association conference.

Trustee Brown inquired if a meeting had been arranged concerning the ambulance dispatch issue as discussed at the January 13th meeting. Supervisor VanDyke will arrange the meeting with an invitation to all parties concerned.

Supervisor VanDyke called the regular meeting to order at 7:00 p.m.

Also present were Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Planner Mary Lynn Bugge, Ordinance Enforcement Officer Scott Paddock, and 9 interested people.

Motion by Corakis, second by Rakowski to approve the minutes of the January 13th regular, January 20th special, January 26th special, and January 30th special meetings. Carried.

Income to the General and Fire Funds of $315,951.15 and disbursements of $127,287.69 were reported. In response to a question from Trustee Corakis concerning expenditure to Niewoonder & Sons, Inc. for trees at Genesee Prairie Cemetery, Clerk Everett advised these were negotiated as part of the ariel easement granted to Consumers Energy and the Township has been reimbursed for the trees. Motion by Corakis, second by Rakowski to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

None.

PUBLIC HEARING - LIQUOR LICENSE - UP & DOWN LLC

Application for a liquor license from Steve Tyler and Tyler Eddy representing Up & Down LLC was before the Board for public hearing.

Mr. Tyler advised he and Mr. Eddy were applying for the license for the Prairie's Golf Course and have contracted with the Elks Lodge to manage the golf, food and beverage service. He commented they feel the business is a viable entity for the community, they had already begun improvements with painting of the interior and new furniture, the area provides green space, they have had a good response to their entering the venture with many events planned for this year and felt the Elks Lodge is a positive impact to the community as they sponsor many charities.

In response to Board members questions, Mr. Tyler advised their contract with the Elks Lodge is for three years, Up & Down LLC will hold the liquor license but their contract provides that if Up & Down LLC should leave the premises, the Elks would be sold the license. He further advised that if the Elks sold the property the profit could not be dispersed to the current members, rather they would be required to build another facility or if the local club were dissolved, the national organization would receive any monies.

Supervisor VanDyke commented due to the longevity of the Elks in the community he would support the application.

Trustee Rakowski commented he felt the property is an important green space for the community.

Trustee Bushouse commented the Elks have been a long time asset and the green space is appreciated, however the Township has a limited supply of liquor licenses to grant which he felt should be considered for new and additional tax revenue. He further commented the Elks previously had a club license which counted in the Township's quota.

Wayne Deering, broker for liquor licenses, noted the agreement between Up & Down LLC and the Elks keeps the liquor license with the property, a club license is restrictive and can be used for members only, and the previous management company contracted by the Elks owned the liquor license they were using. He commented the quota licenses created by population increase are not commonly used to attract new business, a hotel can apply for a resort license, and chain restaurants choose a favorable location then pursue a liquor license.

In response to questions from Trustee Brown, Julie Hammonds representing the Elks advised the local chapter sponsors charities for handicapped children, veterans and the ladies auxiliary sponsor families at Thanksgiving and Christmas. Ms. Brown commented she understood Mr. Bushouse's concerns, appreciates the history of the Elks but feels times change and membership is difficult to maintain or increase.

Motion by Rakowski, second by Culp to grant a liquor license to Up & Down LLC. Roll call showed Brown-no, Bushouse-no, Corakis-no, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

FINAL APPROVAL OF FINAL PLAT - BELA SERA

Planner Bugge presented the plat of Bela Sera for final review. She advised all steps were complete and a letter from the attorney regarding inspection of title insurance was provided. Attorney Mason advised approval could be granted subject to correction of the legal description in the title insurance.

Trustee Rakowski commented he was disappointed the developer had not provided a walkway along the frontage of the plat on North 9th Street. Ken Patel, the developer of the plat advised he had contacted Meijer regarding sidewalks and was told they will do what is required. It was noted Mr. Patel owns the property between the proposed plat and Meijer and he indicated he would be willing to provide a walkway but did not want to construct one that goes nowhere.

In response to a question from Trustee Bushouse, Ms. Bugge advised there has been a deposit placed in the sewer fund for future manholes and correction of the sewer line.

Motion by Culp, second by Rakowski to grant final approval of a final plat to Bela Sera subject to correction of the legal description in the title insurance. Carried.

TEXT AMENDMENT - LAND DIVISION ACT

Planner Bugge presented a proposed text amendment to the Land Division Ordinance, to allow access through an easement over other property. She advised current language prohibits direct access to a county primary road or major thoroughfare as defined in the Land Use Plan for platted lots, therefore the State will not approve a platted lot on a major road with shared access over an easement. The proposed language would allow access to platted lots by way of an easement for public use over and across private drives on adjacent property when the lots are located in a commercial or industrial zoning district and abut a county primary road or major thoroughfare.

Motion by Corakis, second by Everett to accept the proposed text amendment for First Reading and set Second Reading for February 24th. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

MASTER LAND USE PLAN UDATE TRANSPORTATION/NON-MOTORIZED FACILITIES MAP

Planner Bugge presented a Planning Commission recommendation for updating the Transportation section of the Master Land Use Plan reflecting amendments made to the Access Management and addition of language and map addressing Non-Motorized Facilities Plan adopted in September, 2003.

Motion by Everett, second by Brown to accept the recommendation and set First Reading for February 24th. Carried.

AMENDMENT TO ZONING ORDINANCE SIDEWALK LANGUAGE

Planner Bugge presented a Planning Commission recommendation for amendments to the Zoning Ordinance to facilitate placement of sidewalks in future development. She advised the proposed amendments include definition of sidewalks, a requirement to include sidewalks in uses requiring site plan review, and sidewalks along entry drives in multi-family developments.

Motion by Brown, second by Everett to accept the recommendation and set First Reading for February 24th. Carried.

TEXT AMENDMENT - PLANT GROWTH CONTROL ORDINANCE

Attorney Mason presented a proposed text amendment to the Plant Growth Control Ordinance to clarify existing language. Ordinance Enforcement Officer Scott Paddock advised the new language would allow uniform enforcement and provide more reasonable requirements for mowing of vacant lots/parcels.

Motion by Brown, second by Everett to accept the proposed text amendment for First Reading and set Second Reading for February 24th. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes.

HEALTH INSURANCE ORDINANCE AMENDMENT

An amendment to the health insurance ordinance necessary to clarify the retiree benefits are available only if the retired employee is not eligible for other health insurance from another employer was before the Board for Second Reading

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

APPOINTMENT OF PARKING ENFORCEMENT OFFICERS

A memo from Assistant Fire Chief Jim Wiley recommending the appointment of two Parking Enforcement Officers was received by the Board. Fire Commissioner Rakowski commented he had not been apprised of the request.

Trustee Corakis commented he would like to review the cost of the program.

Motion by Rakowski, second by Corakis to table the item to the March 9th meeting for more information. Carried.

RESOLUTION SUPPORTING WALK FOR WARMTH

A resolution supporting the 11th Annual Kalamazoo County Walk for Warmth to be held February 21st was presented. The event raises funds to provide emergency heating assistance for those in need who do not qualify for aid from other sources.

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

OTHER BUSINESS RESOLUTION RECOGNIZING SPCA

Clerk Everett presented a request from the Southwest Michigan Society for the Prevention of Cruelty to Animals (SPCA) for the Board to adopt a resolution recognizing them as a local charity. She advised the State requires the resolution as part of their application for a license to conduct a fund raising raffle. It was noted that SPCA works with Ravenwood Kennels on Parkview Avenue and has conducted some events at Flesher Field.

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

DDA BOARD APPOINTMENT

Planner Bugge advised the Board that Greg Taylor who had been appointed to the Downtown Development Authority Board would not be able to serve. She recommended the appointment of Mike Lutke to replace Mr. Taylor.

Motion by Brown, second by Corakis to appoint Mike Lutke to the DDA Board. Carried.

REQUEST FOR ASSISTANCE - DRAIN COMMISION ISSUES

A request for financial assistance for the legal action taken by other townships against the Drain Commission office was received by the Board. Supervisor VanDyke will make inquiries and report back to the Board.

FIRE CODE/BLDG CODE BOARD OF APPEALS

Ordinance Enforcement Officer Scott Paddock asked the Board to consider increasing the application fee for the Fire Code/Building Code Board of Appeals to better cover the cost of convening the Board.

BOARD MEMBER COMMENTS

Trustee Rakowski expressed concern regarding several accidents at the West Main and 9th Street intersection. There was discussion of the need to better address signage, pavement markings, and the timing of the traffic signal going to flashing rather than remaining at full cycle at 10:00 p.m. Planner Bugge advised MDOT had indicated they planned to "stripe off" the previous left turn lane on east bound West Main in the spring. Officer Paddock advised the Board that Planning Director Jodi Stefforia was in the process of contacting MDOT regarding these concerns.

Mr. Rakowski also advised the matter of the roof project for Fire House No. 1 had been resolved and work would begin in the spring.

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Trustee Bushouse advised there would be a walk through with the architect and builder at the Oshtemo Community Building (former Fire Station No. 2 on Parkview) on Friday, February 13th at 1:30 p.m.

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

DEBORAH L. EVERETT
Township Clerk

Attested: JOHN VANDYKE
Supervisor