OSTLOGOL.GIF (2116 bytes)

OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

January 9, 2001

WORK SESSION MINUTES

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 Norm Anderson
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Barry Steadman

Also present was Patricia Mason, Township Attorney, approximately 7 interested people.

CITIZEN COMMENT

Kadir Mohmand, 6147 Old Log Trail, commented that board applications received from non-European people are thrown away and not interviewed, people who serve on boards should not be paid, there are people serving on boards that are breaking the law and guilty of tax evasion, and people are not allowed to speak at meetings.

Board Members and Attorney comments included advising Mr. Mohmand any information he has regarding illegal activity should be given to the proper authorities, applications for board appointments are kept on file for five years and there is a criteria for appointment.

MaryAnn Fleckenstein, 5462 Antiqua Circle, expressed her displeasure with Mr. Mohmand's comments, past comments about the previous Township Board and his investigation of her family.

Public comment session closed at 6:40 p.m. by Supervisor VanDyke.

____________________________________________________________________

TOWNSHIP BOARD MEETING

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

PRESENT:

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

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Jodi Stefforia, Planning Director, Scott Paddock, Ordinance Enforcement Officer, and approximately 15 interested people.

Clerk Everett noted a correction to the minutes of the December 12th work session minutes that time of adjournment was 7:25 p.m. Motion made by Brown, seconded by Anderson to approve the minutes of the November 30th work session, December 12, 2000 work session as corrected and December 12th regular meeting. Carried.

Income to the General Fund of $9,138.15 and disbursements of $98,688.27 were reported. Fire Fund income was $1,520.81 with disbursements of $43,465.18. Motion made by Culp, seconded by Bushouse to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

Stan Rakowski, 7151 West G Avenue commented he had mixed feelings regarding the reports that the Council of Governments (COG) had come to an end and hopes Oshtemo Township will continue to work with other units for cooperation. Supervisor VanDyke advised the concept has not totally died.

INDUSTRIAL FACILITIES EXEMPTION REQEUST - PRECISION DIAL

An application for an Industrial Facilities Exemption from Precision Dial was presented by James Butcher. He advised the installation of new equipment would result in 3 additional employees being hired.

Trustee Bushouse commented on the cost of processing the application. Attorney Mason advised that state statute now allows an application fee equal to actual cost of processing the application or 2% of the total abated taxes, whichever is less. In this case, the fee will be $16.45. It was noted the effective date in the proposed resolution should be corrected to read December 30, 2001.

Motion made by Culp, seconded by Brown to approve the Industrial Facilities Exemption for Precision Dial. Roll call vote showed Bushouse-no, Brown-yes, Steadman-yes, Anderson-yes, Culp-yes, Everett-yes, VanDyke-yes.

REQUEST FOR PAYMENT IN LIEU OF TAXES - HOPE WOODS

Michael Perlman representing the proposed Hope Woods development for the elderly to be located on Stadium Drive, was present to request Payment In Lieu of Taxes (PILOT) for the project. The PILOT would allow a service charge in lieu of taxes equal to 4% of annual shelter rents, excluding utilities. He advised rents are capped to keep the housing affordable for the elderly. It was noted the program does not apply to special assessments on the property.

Ted Corakis, 7080 West N Avenue commented he is mostly against tax breaks, Oshtemo is growing and does not have to give tax breaks, and the project will create additional expenses for the Township.

Stan Rakowski, 7151 West G Avenue asked for clarification of the request. He was advised a PILOT is payment in lieu of property taxes allowed by state statute based on a percentage of rents collected.

Ed Sharp, 379 West Ridge Circle, inquired since payment is based on rents, what is collected for any vacant units. He was advised the payment, as authorized by legislation, is based on total rent collected.

In response to a question from Clerk Everett, Mr. Perlman advised the occupancy rate in their other developments is 99.8 percent.

Paul Vlachos, 5659 Stadium Drive, inquired what other projects in the Township are under the PILOT program and why 10% as allowed in the statue is not being charged instead of 4%. He was advised Pinehurst Apartments and Evergreen South Apartments are in the program. Mr. Perlman commented the state housing authority has not amended the statute.

Motion made by Everett, seconded by Culp to approve the PILOT for the Hope Wood development. Roll call vote showed Steadman-no, Anderson-yes, Bushouse-no, Brown-yes, Everett-yes, Culp-yes, VanDyke-no.

PROPOSED TEXT AMENDMENT - SPECIAL EXCEPTION USES IN R-4

Planning Director Jodi Stefforia presented a Planning Commission recommendation that the current permitted uses of sororities, fraternities, lodges or private clubs be changed to special exception uses in the R-4 district. This would allow the Planning Commission to consider if the site is appropriate, the activity on neighboring parcels, and if the site design is appropriate for minimum negative impact.

Motion made by Brown, seconded by Everett to set the text amendment for First Reading on January 23rd. Carried.

PROPOSED TEXT AMENDMENT - 9TH STREET FOCUS AREA OVERLAY ZONE

Ms. Stefforia then presented a Planning Commission recommendation 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, reviewing the request within the context of how the building fits on the site and the property's natural features.

Ed Sharp commented that assurance was given when the overlay zone was established that buildings no larger than 10,000 square feet for single story and 15,000 for two-story would be allowed, there's no guarantee that a request won't be received for more square footage and the change should not be made to allow something other than what was originally permitted.

Ted Corakis commented the recommendation does not change what was allowed, and he would prefer a one-story building at 15,000 square feet than a tall one, topography can be considered and trees not cut down.

Clerk Everett commented she agreed with Mr. Corakis in that the allowable square footage is not increasing but being allowed to be designed in a different fashion and saving the natural features only enhances the site.

Motion made by Everett, seconded by Culp to set the text amendment for First Reading on January 23rd. Carried.

PROPOSED TEXT AMENDMENT - DEFINITION OF BUILDING HEIGHT

Ms. Stefforia then presented a request from the Planning Commission for a change in the definition of building height that would be consistent with building and fire codes. The definition would vary by building type and an illustration will be provided in the ordinance. Motion made by Culp, seconded by Anderson to set the text amendment for First Reading on January 23rd. Carried.

HUNTING AREA CONTROL ORDINANCE AMENDMENT

A proposed amendment to the Hunting Area Control Ordinance that would clarify the description of "firearm" was before the Board for Second and Final Reading.

Motion made by Everett, seconded by Anderson to adopt the amendment to the Hunting Area Control Ordinance. Roll call vote showed Brown-yes, Bushouse-yes, Everett-yes, Culp-yes, Steadman-yes, Anderson-yes, VanDyke-yes.

PURCHASE TRAFFIC CONTROL INDICATOR

Ordinance Enforcement Officer Scott Paddock presented a proposal to purchase a traffic control indicator in conjunction with Kalamazoo County contributing 50% of the cost, Texas Township 25% and Oshtemo 25%. It would be shared with Texas Township on alternating months and they had approved the purchase.

In response to Board Member questions, Mr. Paddock advised the current device in use by the Kalamazoo County Sheriff's Department has had no maintenance problems, the device lets drivers know what their current speed is, it can also be used to count vehicles and monitor time and speed in areas where complaints are received. He further advised that he would be trained to program the unit so it can be maintained "in-house"; the deputies who work in the Township support the proposed purchase, citing the positive effect of their unit during the water main construction on West Main.

Trustee Steadman and Supervisor VanDyke commented other traffic issues need to be addressed as well, including using turning signals and lane use.

Trustee Brown commented reports can be received from the Sheriff's Department on the activity in the Township and suggested Mr. VanDyke request them.

In response to a question from Mr. Paddock, Attorney Mason advised that the deputies write citations under Township ordinance and the Township receives a portion of the revenue.

Stan Rakowski, commented this would be a useful tool to monitor speed at the North 8th Street and West G Avenue intersection. He further commented he is glad to see the cooperation with another Township.

Ed Sharp commented sharing the purchase is a great idea, he has seen other areas where it has been useful and it could save lives.

Motion made by Everett, seconded by Culp to approve the purchase with Kalamazoo County and Texas Township in the amount not to exceed $3,600.00. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse commented one of the reasons he was so supportive of the public comment session was to have citizens be able to come to the Board, give input and the opportunity to talk to the Board; it is also a chance for Board Members to question what is happening in the Township and discuss what needs to be done as a Board, and would include inviting other Townships to exchange ideas. He further commented he hoped when the next early session occurs, if someone is bringing an issue, they should make their point then let the Board hold discussion and consideration and the meeting should be open to more than one agenda item.

Clerk Everett advised information from the Township Board packet is now being placed on the Township web page.

Trustee Steadman commented the early meeting hour is fine but tonight was closed off 25 minutes early for "cooling off"; next time try 5 minutes.

There was no further business and the meeting was adjourned at 8:20 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor