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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

January 14, 2003

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, Township Engineer, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge, and 2 interested people.

PUBLIC COMMENT

None.

Discussion was held concerning sidewalks, a proposed ordinance, and utility right of way issues that require discussion with the Kalamazoo County Road Commission. Attorney Mason will prepare a proposed ordinance and Engineer Snell will initiate discussion with the Road Commission.

Supervisor VanDyke called the regular meeting to order at 7:05 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, Township Engineer, Planning Director Jodi Stefforia, Planner Mary Lynn Bugge, Building Official Bob Horton, and 8 interested people.

Motion by Brown, second by Culp to approve the minutes of the December 17th meeting. Carried.

Income to the General and Fire Funds of $351,982.96 and disbursements of $316,014.36 were reported. Motion by Culp, second by Brown to accept the report as presented. Carried.

CITIZENS COMMENTS

None.

HOPE WOODS - EXTENSION OF PILOT STATUS

Michael Perlman was before the Board to request an extension of the Payment in Lieu of Taxes (PILOT) status granted in January 2001, then extended in January 2002 but which is now expired since the project has not commenced. He advised the project has experienced delays but he expects to finalize financing and obtain a building permit within the next couple of weeks.

He further requested that the project be assessed sewer rates in effect at the time of the original application rather than the current fees effective January 1, 2003.

Motion by Brown, second by Rakowski to extend the PILOT status until May 1, 2003. Roll call showed Brown-yes, Bushouse-no, Corakis-no, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

Motion by Culp, second by Bushouse to refer the sewer fee request to the Sewer/Water Committee for review. Carried.

LIQUOR LICENSE - STOCK TRANSFER - RIVER CITY FOOD CO

A notice from the Liquor Control Commission was received regarding a stock transfer for River City Food Co., owner of Findley's. The State has approved the stock transfer but also requires local approval by resolution.

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

POVERTY EXEMPTION GUIDELINES

A resolution allowing exemption from property taxes for persons or families meeting Federal and State guidelines was presented. Local units are required to adopt a resolution each year setting the standards.

Motion by Brown, second by Culp to adopt the resolution establishing poverty exemption guidelines for 2003. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowksi-yes, VanDyke-yes, Brown-yes, Bushouse-yes.

COMMERCIAL REMODEL BUILDING PERMIT FEES

Building Official Bob Horton advised the Board the recent adjustments to commercial building fees using the multiplier formula was not appropriate for commercial remodel projects where the building footprint does not change. He recommended using the fee table from the 1997 UBC for commercial remodel projects.

An amended resolution including the commercial remodel fees was presented.

Motion by Culp, second by Rakowski to adopt an amended resolution establishing building department fees. Roll call showed Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes, Corakis-yes.

SIGN DEVIATION/TEMPORARY RESIDENT PERMIT FEES

Planner Mary Lynn Bugge advised the recent planning department fees adopted did not include fees for requests for sign deviations and temporary residence permits. The recommended fees are $200.00 for a sign deviation and $150.00 for a temporary residence permit.

An amended resolution including the sign deviation and temporary residence permit fees was presented.

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

LOT SPLIT - QUAIL RUN ESTATES

Planner Bugge presented a request for approval to establish condominiums in the duplexes on Lots 10, 11, 12, and 13 of Quail Run Estates. She advised the condominium site plan would require Planning Commission approval.

Trustee Bushouse felt the master deed should include language that the units would be single-family use.

Motion by Brown, second by Culp to approve the lot split subject to master deed language that use is single family and Planning Commission approval of the site plan. Carried.

REZONING - SECTION 16 - AG TO C

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 was before the Board for Second Reading.

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

REZONING - SECTION 13 - R-3 AND C-1 TO R-4

A recommendation from the Planning Commission for denial of a rezoning request from Western Michigan Student Housing LLC to rezone 7 acres of R-3 and 11 acres of C-1 of a 50 acre parcel to R-4, the balance of which is R-4, was before the Board.

Treasurer Culp advised she had received a phone call from the applicant requesting the item be removed from the agenda; they do not wish to proceed with the rezoning request. She commented she did advise the applicant the Board must act on the request since it has been forwarded from the Planning Commission.

Motion by Culp, second by Rakowski to accept the Planning Commission recommendation to deny the rezoning request. Roll call showed VanDyke-yes, Brown-yes, Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes.

AGRICULTURAL AND RURAL RESIDENTIAL LAND USE PLANNING COMMISSION RECOMMENDATION

Planning Commission Chairman Neil Sikora commented that over two years ago the Planning Commission began work to implement the rural residential land use classification of the Master Land Use Plan, and careful study and research resulted in a series of recommendations brought to the Township Board on September 24, 2002. He further commented that after expressing some concerns the board returned the recommendation to the Planning Commission for further consideration and a joint meeting on November 19th was held to assist the Planning Commission with the concerns of the Township Board. He advised that at their December 19th meeting, the Planning Commission discussed these meetings and the issues that were raised at them, and then adjusted the original recommendation, which he felt reflects the discussions and addresses the concerns as best as possible.

A memo from the Planning Department reviewed the revised recommendation from the Planning Commission regarding the Agricultural and proposed Rural Residential zoning districts:

Master Land Use Plan - rewritten description of Rural Residential land use classification.

Future Land Use Map - expanded areas for planned residential or rural residential land uses.

Zoning Map - expansion of R-2 Residence District, identifying new Agricultural District.

Agricultural District - new district to be established.

Rural Residential District - renamed and rewriting of Agricultural-Rural District.

Revised Dimensional Requirements - Agricultural District and Rural Residential District.

Changes to various sections of the Zoning Ordinance relating to proposed amendments.

Motion by Everett, second by Culp to accept the Planning Commission recommendations and set First Reading for February 11th. Carried.

MASTER PLAN AMENDMENT HEARINGS

Planning Director Jodi Stefforia advised that pursuant to Public Act 263 of 2001, the Township must provide the opportunity for neighboring communities, the County, and at their request, utility companies operating in the Township, to receive all future drafts of a proposed new Master Land Use Plan and/or amendments for comment before the public hearing is held by the Planning Commission. She further advised the Township Board must authorize the Planning Commission to distribute the proposed amendments and the public hearing and deliberation may not be held until the 65-95 day comment period has ended.

Ms. Stefforia advised there are currently two proposed rezoning that would trigger MLUP amendments, a rezoning request for property at the northeast corner of South 8th Street and Stadium Drive and a staff initiated rezoning of the Quail Meadows PUD from multi-family due to the new definition of family.

Trustee Bushouse commented the process provides checks and balance that allows the Township Board input in planning decisions. He further commented a Township Board goal for 2003 should be to become familiar with the Master Land Use Plan.

Motion by Bushouse, second by Rakowski to adopt a resolution approving the distribution of the proposed Master Land Use Plan amendments. Roll call vote showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

RENTAL HOUSING REGISTRATION ORDINANCE

A recommendation from the Rental Housing Committee to adopt a Rental Housing Registration Ordinance was before the Board for Second Reading.

Planner Bugge recommended a change in the application fee to a bi-annual fee of $100.00 plus $5.00 for each dwelling unit over 4 units on a single premise up to a maximum of $300.00.

She advised that of 26 notices mailed to multifamily complexes, she had received four or five calls, had met with one owner and the others had inquired how to register.

Dean Plichta, manager of Bayberry Apartments, expressed concern there had been no input from landlords, the ordinance appears to hold landlords responsible, drawings to scale as requested would be expensive to acquire, what is the definition of premises for calculating the fee, and what does inspection as deemed necessary mean. He commented he would like to see the item tabled for further input.

Richard Glennon, represented Edward Rose & Sons, owners of Concord Place, Mount Royal and Seville, expressed disappointment they had not been notified an ordinance was being developed, as it will have a big impact on their business, they did meet with Ms. Bugge and found the meeting helpful, the fee is still unclear, while their parking met original site plan approval, it could not meet current requirements, and they would not sign any agreement to allow inspections as deemed necessary. He commented the item should be tabled.

Ted Lenczycki, owner of Bayberry Apartments, commented the City of Kalamazoo has a very simple registration form; he has no objection to registration, but objects strongly to inspection without notice.

Trustee Bushouse commented it was brought to the board's attention that the neighborhoods of Century/Highfield, Fairgrove, and possible future sites such as Skyridge and Burgundy Manor, may see or have seen students moving in and experienced trash in the yards, too many cars in the drive or front yard and something needed to be done. He further commented the Board met with the Kalamazoo Township Board and found they had a registration process with no fee, which seemed to be a system that worked; then the Planning, Building, and Fire Departments held meetings without a Township Board member or anyone in the rental business to help give a complete picture of the problem and possible solutions. He commented he has very strong feelings that when a problem occurs the Township needs to explore all possible solutions including what state, federal, and county laws already exist and assist the resident in obtaining all possible help from those agencies; we do not need to reinvent the wheel. He further commented a plat may have deed restrictions, which are enforceable by a neighbor or group of owners; there are building and maintenance codes in place to address the problems brought to the Township's attention in areas such as Century/Highfield. He also commented if a tenant has a problem with a landlord there are remedies available in the court system, the tenant can put rent into escrow until repairs are made or break their lease. He commented he views the ordinance as presented an unnecessary expense that does nothing different than laws already in place; a simple form could be used, if a parcel does not have a homestead filed, ask for the parcel number, address, if property is rented or not; review in July any complaints against a property and look for a solution if there is a problem. He commented he felt good examples had not been given of problems.

He also commented that of the notification list he was provided there did not appear to be any single-family residences owners. Ms. Bugge advised her understanding of his prior request was that multifamily complexes be notified.

Trustee Corakis commented he voted yes at First Reading but after consideration he will not support the proposed ordinance. In response to a question regarding the maintenance checklist, he was advised the same checklist would be used currently if a complaint were filed.

Supervisor VanDyke commented while there would be merit to registering rental properties, the Township should not be able to inspect any time, it should be complaint driven.

Clerk Everett commented her understanding of the ordinance language was inspections would be done on a complaint basis, thus deeming an inspection necessary. She further commented since there are already mechanisms in place for inspections, perhaps those references could be removed from the ordinance. She also noted this was Second Reading; the board had received the proposed ordinance at the December 10th meeting.

Trustee Brown commented there are two perspectives, the board knew somebody from the board was working on it to that nobody knew it was coming. She further commented it was unfortunate that a past trustee worked with the committee; she believed it would be the consensus that the board was unaware of the group working on the issue. She advised that while she voted in favor previously, she has reservations but would perhaps support a paper registration process, but is hearing this may not be a good idea.

Planner Bugge wished to clarify that a board member, former Trustee Jim Worline, and Attorney Mason were present at each meeting the committee held. She further commented this issue came about due to Township concern over use of housing in single-family neighborhoods for multi-family purposes. A two pronged program, adopting ordinances within the zoning ordinance limiting occupancy and implementing registration under the general ordinances to be informed of where rental housing is located is proposed, these ordinances work in tandem. Regarding the concerns expressed by Mr. Pilchta and Mr. Glennon, she advised most multifamily complexes will have literature showing floor plans or the township may have plans on file to assist owners, existing sites would not be required to establish additional parking but they must recognize their limitations when renting their units. She advised the City of Kalamazoo is proposing a new annual fee structure of $100.00 per property and $1.00 per unit plus inspection fees; she noted the fee in the proposed ordinance before the board is bi-annual. She further advised the ordinance is not proposing mandatory inspection, the ordinance restates current requirements, the committee recommended complaint based inspections but desired to have the option if necessary for inspection if an issue comes to light. She commented this was an effort to be proactive and make people aware of the concerns of multifamily uses, protect neighborhoods, and not become a path of least resistance.

Attorney Mason advised the proposed ordinance is necessary to implement the limitation of single family use of single family homes; it is typical to see a definition of family and a rental registration ordinance. She further advised the language regarding inspections could be removed

Motion by Everett, second by Culp to direct the attorney to revise the proposed ordinance to remove reference to inspections, direct the Planning Department to notify all potential rental properties of the proposed ordinance and reset Second Reading for February 25th. Roll call showed Corakis-no, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-no.

PLAINVIEW/STADIUM DRIVE SEWER PROJECT

Engineer Snell presented proposed bids for extension of sanitary sewer at Plainview and Stadium Drive. He advised eight bids were received and recommended accepting low the bid of $13,805.92 from Terra Contracting.

Motion by Culp, second by Everett to accept the bid from Terra Contracting. Carried.

INTERGOVERNMENTAL AGREEMENT WITH TEXAS TOWNSHIP 4TH STREET SEWER MAIN & GREYSTONE PUMP STATION

A proposed agreement between Oshtemo Township and Texas Township for shared usage of the sanitary sewer main and pump station including provisions for apportion between the two municipalities of any future capital expenditures for maintaining the system was before the Board.

It was noted that the existing system was designed and constructed to accommodate a service area that includes both townships and shared service currently extends into Texas Township and the proposed additional flows are within the service boundary. It was also noted that Texas Township previously contributed to the cost of the generator for the pump station and any future maintenance costs for the pump station will be shared on a pro rata basis.

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

ESTABLISHMENT OF FEES

INDUSTRIAL FACILITES TAX EXEMPTION (IFT)

PAYMENT IN LIEU OF TAXES (PILOT)

LIQUOR LICENSES

Clerk Everett presented information previously requested regarding expenses incurred in the processing of IFT, PILOT, and liquor license applications. Board discussion resulting in establishment of fees with resolution to include language that any extraordinary review or processing would incur actual costs, and fees to be reviewed annually.

IFT - application for certificate only - $500.00
IFT - application for district and certificate - $750.00
PILOT - application fee - $550.00
Liquor License - application fee - $250.00

Motion by Everett, second by Corakis to adopt the resolution establishing fees for IFT, PILOT and liquor license applications. Roll call showed Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes, Corakis-yes.

AMENDED KALAMAZOO REGIONAL WATER & WASTEWATER COMMISSION INTERGOVERNMENTAL AGREEMENT

Attorney Mason advised the agreement establishes the regional commission and the amended language pertains to the urban study and coordinated planning efforts.

Motion by Bushouse, second by Brown to approve the amended agreement. Carried.

OTHER BUSINESS

Engineer Snell presented a change order concerning the Stadium Drive sewer project in the amount of $1,000.00 for additional concrete around the pump station.

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

BOARD MEMBER COMMENTS

Trustee Rakowski announced the following promotions in the Fire Department:

Kevin Putman and Matt Wilton promoted to Lieutenant

Firefighters Chip Everett, Kyle Olmstead, and Sam Wiley promoted to Relief Driver.

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There was no further business and the meeting was adjourned at approximately 9:35 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor