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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

February 13, 2001

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 Barry Steadman

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Fire Chief Ken Howe, MaryLynn Bugge, Planner, and approximately 10 interested people.

Helen Brodasky, 6392 Buckham Wood, inquired when the last Township Hall expansion was done, why another is necessary, she feels it is not necessary and costs should be kept down.

Supervisor VanDyke responded there is no more office space available and the project is in the inquiry stage at this point.

Kadir Mohmand, 6147 Old Log Trail commented that Mr. VanDyke's authority has been stripped, inquired what has been paid to the attorney and engineer, and questioned the cost of the 10th Street sewer project. He was advised the information regarding attorney and engineer fees had been provided to him and Mr. VanDyke advised he would provide it again.

Trustee Bushouse commented to have an effective meeting he would move that the Board accept Mr. Mohmand's request for information and proceed to the next agenda item, second by Brown. Carried.

Fire Chief Ken Howe reviewed with the Board the Fire Department's participation in the Ordinance Enforcement Program. He explained that firefighters are sworn in as Parking Enforcement Officers and may write parking violations for vehicles parked in a fire lane or occupying a handicap parking space without a permit. He commented the program has been very successful, it is financially self-supporting and an added benefit is having a firefighter on the road in a car with an Automatic External Defibrillator.

The Board then held discussion of the Payment in Lieu of Taxes (PILOT) ordinance. Attorney Mason reviewed the state statute, which allows developments to pay a fee based on percentage of collected rents instead of property taxes. She further advised the ordinance could be adjusted in regards to the percentage collected, which is currently 4%.

A resident of North 10th Street commented he could not connect to the sewer and the slope of his driveway had been changed during the road/sewer project.

Supervisor VanDyke moved that the agenda item relating to Engineer Snell's report be added to the regular meeting agenda, second by Everett. Carried.

Supervisor VanDyke called the regular meeting to order at 7:20 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Barry Steadman

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Fire Chief Ken Howe, MaryLynn Bugge, Planner, Building Official Bob Horton and approximately 16 interested people.

Motion by Brown, second by Culp to approve minutes of the January 23rd meeting. Carried.

Income to the General Fund of $32,819.85 and disbursements of $158,129.71 were reported. Fire Fund income was $1,764.49 with disbursements of $102,613.45. Motion made by Culp, seconded by Brown to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

Elaine Branch, 7654 West Main, inquired if cable franchises had been finalized. Attorney Mason advised an agreement with Adelphia had not since they are in the process of being sold to AT&T. Mrs. Branch further commented to make the first portion of the meeting work, the meeting must be controlled and other people given an opportunity to speak.

Mary Ann Fleckenstein, 5462 Antiqua Circle, suggested setting a time limit for each person to speak so one person cannot monopolize the meeting.

Board discussion acknowledged that every citizen has a right to voice their opinion but that it can be done with time constraints, a policy could be set similar to the one in place for regular meetings, concerns or questions would be accepted and forwarded to the appropriate avenue for response, the objective being to have an efficient, productive meeting. Attorney Mason advised she would draft a proposed resolution.

Kadir Mohmand commented when people are talking directly with the Board the audience cannot attack them, if they are out of order kick them out or call the Sheriff; he likes to speak with the Board, if they answer his questions he has time for rebuttal and the Board should enforce the law.

ENGINEER'S REPORT

Engineer Snell reviewed history of the current sewer system in the Township and presented information for Board consideration to extend sewer on H Avenue from Drake Road west to the Savannah project west of North 9th Street. The total cost would be approximately $1,402,500. He advised the past, current and anticipated growth in the area seems to support such a proposal.

He then presented information regarding installation of water on Almena Drive, Skyview Drive, North 1st Street and West KL Avenue at an approximate cost of $577,810. Discussion ensued regarding contamination in the area and denial of well permits by the Kalamazoo County Health Department and Michigan Department of Environmental Quality based on potential contamination.

PROPOSED TEXT AMENDMENT - SPECIAL EXCEPTION USES IN R-4
PROPOSED TEXT AMENDMENT - 9TH STREET FOCUS AREA OVERLAY ZONE
PROPOSED TEXT AMENDMENT - DEFINITION OF BUILDING HEIGHT

Planning Commission recommendations that the current permitted uses of sororities, fraternities, lodges or private clubs be changed to special exception uses in the R-4 district, a text amendment that would allow the Planning Commission, on a case-by-case basis to consider single story buildings up to 15,000 square feet in area in the 9th Street Focus Area Overlay Zone, and a change in the definition of building height that would be consistent with building and fire codes were before the Board for Second and Final Reading.

Motion by Everett, second by Culp to adopt the text amendments. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, Steadman-yes, VanDyke-yes.

PLANNING COMMISSION RECOMMENDATION TEXT AMENDMENT - OFF STREET PARKING OF MOTOR VEHICLES

Planner MaryLynn Bugge presented recommendation from the Planning Commission regarding a text amendment to Section 68.000 of the Zoning Ordinance regarding Off Street Parking of Motor Vehicles. Revisions consist of updating parking requirements to reflect current uses, reorganizing the structure of the ordinance for ease of use, and providing a means to defer the construction of parking spaces until needed. Deviation from new provisions would be permitted for developed properties where conformance would be prevented by practical difficulties or cause unnecessary hardship and the deviation is in keeping with the spirit and intent of the ordinance. New definitions would be added to distinguish between certain uses that have different parking requirements and types of floor area calculations used to determine parking for some uses.

In response to questions from Trustee Bushouse, Planner Bugge advised there are antique appearing lighting fixtures that meet the lighting ordinance requirements, existing parking/access arrangements will remain permitted until the site plan or use changes, parking for residences allows use of the driveway but not the lawn and houses of worship parking requirements would be calculated using the largest gathering space in the building, in most cases.

Motion by Brown, second by Everett to set the text amendment for First Reading on February 27th. Carried.

SANITARY SEWER - NORTH 9TH STREET
WATER LINE RELOCATION - NORTH 9TH STREET
WATER LINE INSTALLATION NORTH 7TH STREET

Township Engineer Bob Snell advised the final contract for the construction of sanitary sewer on North 9th Street had been prepared with the cost of the project at $588,062.00.

Engineer Snell then presented a proposal for water line relocation on North 9th Street, which is necessary due to the road improvement project by the Kalamazoo County Road Commission. He advised the road is being realigned on center; therefore the water line currently in place would be under the roadway. Cost for relocation of the water line would be $87,670.00.

Engineer Snell then presented a proposal for water line installation on North 7th Street from West Main to Steeplechase Court. He advised water service to the area would be discontinued during the water line relocation on North 9th Street. He further advised negotiations for an easement to bring water from the north side of the Oak Highlands Plat had been unsuccessful; installation of the line would complete a "loop" which would actually provide the properties currently connected with better service. Cost for the project would be $96,619.00.

Motion by Culp, second by Brown to approve the contracts for the North 9th Street sanitary sewer, North 9th Street water line relocation and North 7th Street water line installation. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, Steadman-yes, VanDyke-yes.

COMPUTER SOFTWARE - BUILDING DEPARTMENT

Building Official Bob Horton presented a request for purchase of computer software for the Building Department, which would facilitate record keeping for all permits and inspections and automatically update assessment records.

The request is for expenditure of $4,995.00 for the software, $1,000.00 for converting current files to the new format, and $195.00 per person for training.

In response to questions from Trustee Bushouse, Mr. Horton advised a laptop computer could facilitate data entry in the field as inspections are completed. Mr. Bushouse suggested adding laptops to the proposal. It was determined two laptops would be sufficient and could be purchased for no more than $5,000.00.

Motion by Everett, second by Bushouse to approve the purchase of the software, conversion of current data, training and two laptop computers. Carried.

AUTOMATIC EXTERNAL DEFIBRILLATORS PURCHASE

Fire Chief Ken Howe presented a request for purchase of two automatic external defibrillators (AED) to be placed with personnel who live in the eastern and western halves of the Township. There are currently six in place, three with apparatus, two in firefighter vehicles, and one in the dispatch office of Station 1. Two of the units are on loan from the City of Kalamazoo as participation in a study of the devices being conducted by Medical Control.

Motion by Brown, second by Culp to approve the purchase of two AED's in the amount of $6,798.40. Carried.

INCLEMENT WEATHER POLICY

As requested at the previous meeting, Clerk Everett presented a proposal for an inclement weather policy regarding delaying the opening of or closing the Township Office and addressing the status of any scheduled meetings. (Policy filed in Supplement to Minutes)

Motion by Culp, second by Everett to approve the Inclement Weather Policy. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse announced a Rotary Benefit breakfast on March 4th from 8:00 a.m. to 2:00 p.m. at Ted & Marie's Restaurant.

Clerk Everett commented that Township staff would be receiving training from the Fire Department on the operation of the Automatic External Defibrillator.

Trustee Brown commented she had anticipated sharing knowledge from the Michigan Townships Association conference and still wished to do so. Trustee Bushouse agreed and suggested a Saturday retreat for the Board to accomplish this. Clerk Everett will poll the Board for a date and schedule a retreat.

There was no further business and the meeting was adjourned at 9:20 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor