THE CHARTER TOWNSHIP OF OSHTEMO

Township Board Minutes

June 22, 1999

The Oshtemo Township Board held its regular meeting at the Township Hall. The meeting was called to order by Supervisor Fleckenstein, at 7:00 p.m.

PRESENT:

Supervisor Ron Fleckenstein
Clerk Elaine Branch
Treasurer Lois Brown
Trustee Norman Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

Also present was Richard Reed, Township Attorney and Robert Snell, Township Engineer along with 13 interested people.

A correction of the spelling of faults was made to the minutes of June 8 and it was pointed out that Trustee Bushouse had been omitted from the attendance for the June 15 meeting minutes.

Motion made by Block, seconded by Anderson to approve the minutes of our last two meetings,

June 8 and June 15, 1999, as corrected. Carried.

Income to the General Fund of$11,803.39 and disbursements of $64,249.64 were reported. Fire Fund income was $328.70 with disbursements of $25,296.61. Motion made by Anderson, seconded by Johnson, to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

NONE

REZONING REQUEST - S. 9TH - MOHMAND

The Planning Commission had received a request to rezone approximately 26 acres located on the west side of South 9th Street, approximately 1,200 feet south of West Main. The property is currently zoned R-2 and the applicant, Kadir Mohmand, requested that the parcel be rezoned to C Local Business.

Wilfred Dennie, Chair of the Planning Commission, reviewed their recommendation to deny the request. Their reasons included: Contrary to Master Land Use Plan. Commercial property vacant and available. Other requests in the area were denied. Other development options available, i.e., PUD.

After the comments by Mr. Dennie, a motion was made by Block, seconded by Branch to concur with the Planning Commission to deny the rezoning request and the amendment to the Land Use Plan.

Kadir Mohmand addressing the Board, stated that his position is that it is commercial.

Sheri Mohmand stated that the township officials were just guessing about how their property was zoned. It appears to them that the township guesses in favor of long time residents and guesses against an outsider.

She felt that their request did meet the Master Land Use Plan and would be a natural extension of the commercial node.

According to the statement read by Mrs. Mohmand, for her husband, they were told by the former owner that a portion of the property was commercial and the township zoning inspector, after looking at a map, told him the same thing. (Copy of statement filed in Supplements to Minutes)

The statement went on to list five examples of problems that minorities have faced in Oshtemo Township. The Township was accused of selectively enforcing the zoning ordinance and violating civil rights.

William Jameson, 1715 Old Deer Run, felt their claim of discrimination was without merit. He further stated that it was never the intention to zone the whole area commercial. He had a clear memory that it was two 40 acres parcels north of West Main and the 80 acres to the south. The zoning maps have always shown it that way.

He went on to say that the Land Use Plan clearly shows residential uses for that area, in fact a new residential development has been started nearby. Commercial zoning would not be appropriate there or be acceptable to many people in the township. He felt there was no basis to support approval of this request.

After all comments were heard, the Board voted unanimously to deny the request.

STORMWATER MANAGEMENT ORDINANCE

An ordinance amendment addressing stormwater management, soil erosion and sedimentation control was presented for First Reading.

There was discussion, initiated by Engineer Snell's question regarding the 25 year storm referred to in Section 78.520 (a.). Wilfred Dennie explained that the Planning Commission felt that 25 years would be a basis for design purposes and should allow for most bad storms.

In response to a question from Trustee Bushouse, Attorney Reed stated that there is a certain amount of natural runoff that occurs. However, soil should not be altered in a way that causes more runoff to occur. A property owner can not allow an increase to flow off their property.

There was no public comment.

Motion made by Block, seconded by Anderson to accept the ordinance for First Reading and set the Second Reading and final approval for July 13. Carried.

PARK REGULATION ORDINANCE

An amendment to Park Regulation Ordinance was presented for First Reading. The intent of the amendment would be to better control inappropriate behavior after hours, loitering and damage to trees.

Motion made by Brown, seconded by Johnson to accept the ordinance for First Reading and set the Second Reading and adoption for July 13. Carried.

WATER EXTENSION ON WEST MAIN

This item had been tabled from our June 8 meeting in order to consider other options for the district boundary and alternate means of funding the project. Supervisor Fleckenstein reported that there have been a couple of meetings to discuss options. Because they felt additional time was needed to try to reach an agreeable solution, he recommended tabling the item until July 27.

Motion made by Johnson, seconded by Anderson to table the issue until the July 27 meeting. Carried.

FIREWORKS PERMIT

Ronald Jacobs, 4179 N. 6th Street, applied for a Fireworks Display Permit. The display will take place on July 10, 1999 at 3800 Wolf Drive. Mr. Jacobs, who is a State certified firefighter and medical first responder, has had past experience.

The Fire Chief had reviewed the request and was comfortable with the storage and safety measures planned. The necessary insurance information was provided.

Motion made by Brown, seconded Block to approve the Fireworks Permit application. Carried.

BOARD MEMBERS COMMENTS

Trustee Block was pleased to see that the new sewer construction was through to W. Main.

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This was Clerk Elaine Branch's last meeting. She expressed her appreciation for being able to serve this community as Township Clerk. She stated that over the years the Board had handled many difficult issues but had always treated people fairly and did not discriminate.
She enjoyed working with the Board and would miss them.

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Supervisor Fleckenstein, on behalf of the Michigan Township Association, presented Clerk Branch with a Certificate of Recognition for 17 years of service as Clerk to Oshtemo Charter Township. 

In addition, he provided Elaine with her original resume that he found in an old file!

There was no further business and the meeting adjourned at 8:00 p.m.

ELAINE J. BRANCH, CMC
Township Clerk

Attested:
RON FLECKENTEIN
Supervisor

Date Approved:  June 22,1999