OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

July 13, 2004

Public Comment session was held at the Township Hall.

Motion by Clerk Everett, second by Corakis to appoint Trustee Bushouse as acting chair. Carried. Trustee Bushouse called the meeting to order at 6:00 p.m.

PRESENT:
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was James Porter, Township Attorney, Bob Snell, Township Engineer, Planner Mary Lynn Bugge, DDA Chairman Tom Brodasky and 2 interested people.

PUBLIC COMMENT

None.

DDA DISCUSSION

DDA Chairman Tom Brodasky reviewed with the Board the DDA goals; sidewalks, trees, lighting, and presented a request for the Township to extend to the DDA a line of credit equal to the anticipated first year revenue so they may begin the process of hiring a consultant to assist in prioritizing and establish the theme for future projects.

Consensus was to grant the DDA request. Attorney Porter advised a resolution would be required and would prepare one for the July 27th meeting.

SOFTWARE UPGRADES

Treasurer Culp presented information regarding the necessary upgrade of the software used by the Building Department and database engine. She advised the cost for the database engine is $4,595.00, installation $600.00, and implementation and training for new software $2,400.00.

Discussion included the need for efficient use of available technology, i.e. laptop computers currently in the Building Department.

DRAIN COMMISSIONER ISSUES

Trustee Brown commented on the memo received from the Drain Commissioner's Office regarding assessments she plans to levy on existing retention basins. Ms. Brown felt the tone of the memo was not in the best interest of intergovernmental cooperation. Attorney Porter noted he questions whether the assessments can be levied as indicated and requested he be forwarded a copy of the assessment list as soon as it is received.

Trustee Bushouse called the regular meeting to order at 7:00 p.m.

Also present were James Porter, Township Attorney, Bob Snell, Township Engineer, Planner Mary Lynn Bugge, and 7 interested people.

Motion by Brown, second by Corakis to approve the June 22nd minutes. Carried.

Income to the General and Fire Funds of $329,213.03 and disbursements of $242,129.48 were reported. Motion by Corakis, second by Culp to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Kalamazoo County Treasurer Sharon Cubit introduced herself and advised she is seeking election in the August 3rd primary.

PUBLIC HEARING - IFT APPLICATION

MARKETING TECHNOLOGY SERVICE INC

An application from Marketing Technology Service, Inc. for Industrial Facilities Tax Exemption Certificate was before the Board for public hearing. James Hanson, owner of the facility advised he is requesting a 10 year certificate on a new building and equipment.

Trustee Brown commented she recalled a policy which had been consistent with granting 12 years for buildings and 6 years for equipment.

Motion by Brown, second by Rakowski to table the public hearing to the July 27th meeting for research to be done concerning the policy. Carried.

LOT SPLIT - ROSE ARBOR PLAT

Planner Bugge presented a request from Richard Modderman for a lot split in the Rose Arbor #3 Plat to allow the east 17 feet of Lot 54 to be combined with Lot 33. She advised both lots were currently vacant, the resulting properties would be in compliance with dimensional requirements, have direct access to a public road, public utilities, and each lot would conform to the requirements of the Land Division Act.

Motion by Corakis, second by Brown to approve the lot splits subject to new legal descriptions and recorded deeds. Carried.

REZONING REQUEST - SECTION 25

R5 MOBILE HOME PARK TO CR COMMERCIAL RESTRICTED - FIRST READING

A Planning Commission recommendation for approval of a rezoning request for the southwest corner of Stadium Drive and Drake Road to CR Commercial Restricted from R5 Mobile Home Park was before the Board for First Reading.

Cal Masten, 3742 Cedar Ridge, representing the Asylum Lake Preservation Association, expressed concern regarding the language in the CR text; large structures and paving requirements that present a picture of large, impermeable surfaces and a need for increase in stormwater management. He further commented the requirement that stormwater management systems respond to "natural drainage" was particularly worrisome.

Planner Bugge commented stormwater is required to be retained on site or go offsite by easement when mutually agreeable, this particular property does contain wetlands and the developer would have to be cognizant of that, and stormwater management is reviewed by the Township engineer.

Greg Taylor, of Phoenix Properties, representing the applicant, commented he is pleased to be involved and it is their intention to responsibly develop the site.

Mark Hoffman, 1115 Sheridan, also representing the Asylum Preservation Association and the WMU Asylum Focus Committee commented he wished to insure the land to the east and south of the proposed rezoning are restricted for public use and open space. He further commented he supports the rezoning and text amendments since the language calls for protecting sensitive environmental resources, internal streets must recognize the topography and natural features, landscaping is to be used to enhance the environment, and open space areas must be deed restricted. He further commented the Township's stormwater management requirements calls for compliance with the Master Land Use Plan which states surface water must be detained on the same site as the development and he will trust the site plan review process to address such issues.

Engineer Snell commented it has been the practice to require maintenance of storm water on site and feels the Township has done a good job.

Motion by Corakis, second by Rakowski to set Second Reading for the proposed rezoning for July 27th. Carried.

ZONING ORDINANCE TEXT AMENDMENTS &

UPDATE C-R DISTRICT TEXT - FIRST READING

A recommendation from the Planning Commission to approve various text amendments that would incorporate definitions of family day care home, group day care home, hotel, motel, front yard, clarification of rear yard, an amendment to require a 20 foot side setback for certain special exception uses in the R-3 District, clarification regarding exterior modification in the Village Commercial District, a requirement for full cutoff building mounted light fixtures, accessory building review modification, language to address zoning compliance certificates, rather than building permits and certificates of occupancy which are handled under the Building Code, not the Zoning Ordinance, and updates to the provisions of the Commercial Restricted - CR Zoning District that would define every use as a Special Exception Use was before the Board for First Reading.

Planner Bugge advised the Planning Department is requesting that the amendments for Section 84 concerning zoning compliance certificates be referred back to the Planning Commission for further study.

Motion by Everett, second by Rakowski to send the proposed changes in Section 84 back to the Planning Commission for clarification and set the balance of the text amendments for Second Reading for July 27th . Carried.

LAW ENFORCEMENT MILLAGE RENEWAL

Clerk Everett advised Supervisor VanDyke had requested the consideration of supporting the law enforcement millage renewal be placed on the agenda for discussion. The request was made of him by Sheriff Mike Anderson and other Kalamazoo County officials.

Discussion included comments from Trustees Brown and Bushouse that there needs to be review and restructure of the justice budget in the county and more funds are needed by the Sheriff's Department.

Motion by Corakis, second by Rakowski to support passage of the law enforcement millage renewal. Carried.

OTHER BUSINESS

SOFTWARE UPGRADE

Treasurer Culp presented information regarding the necessary upgrade of the software used by the Building Department and database engine. She advised the cost for the database engine is $4,595.00, installation $600.00, and implementation and training for new software $2,400.00.

Motion by Culp, second by Brown to approve purchase of the software, installation and training, with Treasurer Culp and Auditor Mike Crandall to determine funding breakdown by department, and instruction to the Building Department to utilize the available technology. Carried.

BOARD MEMBER COMMENTS

Trustee Rakowski commented that a traffic signal had been placed at Drake Road and Croyden Avenue, yet one is needed at Drake Road and Green Meadow. It was noted the City of Kalamazoo has jurisdiction over the section of Drake Road at Croyden Avenue and the Kalamazoo County Road Commission oversees the section at Green Meadow. Clerk Everett advised the Road Committee has requested a traffic study for the Green Meadow intersection and one is scheduled for the fall.

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Engineer Snell advised the Kalamazoo County Road Commission is requesting right of way on KL Avenue for their scheduled road project and he will forward a recommendation.

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Clerk Everett advised the new voting equipment has been tested and training of elections workers is in progress.

There was no further business and the meeting was adjourned at approximately 7:50 p.m.

DEBORAH L. EVERETT
Township Clerk

Supervisor
Attested: JOHN VANDYKE