OSHTEMO CHARTER TOWNSHIP

Township Board Meeting

June 28, 2005

THE CHARTER TOWNSHIP OF OSHTEMO
Township Board Meeting
June 28, 2005

The Oshtemo Township Board 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 Dave Bushouse
Trustee Ted Corakis
Trustee Neil Sikora
Trustee Stan Rakowski

Also present was James Porter, Township Attorney, Bob Snell, Township Engineer, Planning Director Jodi Stefforia, and Planner Mary Lynn Bugge.

Stadium Park Way - Planning Director Stefforia advised the Kalamazoo County Road Commission has indicated they would not approve the plans for Stadium Park Way; unless the road is extended to the north property line and provisions made for future connections to the east and west adjacent properties. Consensus was the Supervisor, Engineer and Trustee Bushouse would attempt to meet with KCRC officials as soon as possible to discuss the issues.

Sidewalk Special Assessment District - Ms. Stefforia advised the necessary petitions had been prepared to seek a special assessment district for sidewalk construction along both sides of West Main from US 131 to Drake Road and Maple Hill Drive north from West Main. Consensus was a letter will be mailed to each property owner to gage interest in the project.

Guest - Ron Commissaris, Supervisor of Texas Township presented Board members with a copy of The Price of Government. He advised all elected officials in Kalamazoo County were being given the book through grants from the Kalamazoo Community Foundation and Council of Governments with a request they read the book and meet and discuss ways all entities can work together to meet the needs of the citizens of Kalamazoo County.

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

Also present were James Porter, Township Attorney, Bob Snell, Township Engineer, Planning Director Jodi Stefforia, and Planner Mary Lynn Bugge and 5 interested people.

Motion by Corakis, second by Rakowski to approve the minutes of the June 14th Regular meeting. Carried.

Income to the General and Fire Funds of $49,860.19 and disbursements of $248,893.50 were reported. Motion by Culp, second by Sikora to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

None.

LOT SPLIT - 351 WEST RIDGE CIRCLE

Planner Mary Lynn Bugge presented a request from Shoji and Margaret Masuzawa for approval of a lot split to allow a .06 acre wedge of property on the northwest side of County Club Village #3, Lot 97, parcel 14-476-150, to be combined with Lot 98, parcel 14-476-160. She advised both lots are currently utilized for single family dwellings, and Todd and Suzanne Mellinger, owners of the lot to be split concur with the request and had signed the application.

Ms. Bugge further advised the lots as proposed would meet dimensional requirements, each lot would have direct access to a public roadway, access to public utilities, and conform in all particulars to the requirements of the Land Division Act and Township Ordinances.

Motion by Everett, second by Culp to approve the lot split subject to the applicant providing legal descriptions of the revised lots and recorded deeds. Carried.

LOT SPLIT - 2563 CUTTY SARK DRIVE

Planning Director Stefforia presented a request for a lot split concerning parcel 11-225-361, West Port #6, Lot 321 and a portion of West Port #9, Lot 393. She advised the Township Board approved a previous split of Lot 393 in West Port #9 into three portions on March 22, 1988; the west portion was to be a buildable lot and the two easterly portions were to be combined with Lots 321 and 322 of West Port #6. She further advised a mapping error was discovered, and corrected, in 2004 when the owner of the eastern portion of Lot 393 sought approval to allow a lot split/combination.

Ms. Stefforia advised a request from Larry Dalton for approval of a lot split to allow his portion of Lot 393, the middle portion, to be split from Lot 321 and stand alone as a buildable lot had now been received. She advised his residence is on Lot 321; his portion of Lot 393 is vacant.

Ms. Stefforia further advised the lots as proposed would meet dimensional requirements, each lot would have direct access to a public roadway, access to public utilities; each lot is served by public water and the Kalamazoo County Environmental Health Division has determined the Dalton portion of Lot 393 is adequate for an on-site septic system, and both conform in all particulars to the requirements of the Land Division Act and Township Ordinances.

Motion by Culp, second by Corakis to approve the lot split. Carried.

PLANNING COMMISSION RECOMMENDATION
PRIVATE STREET TEXT

Planning Director Stefforia presented a recommendation from the Planning Commission to adopt a new ordinance section to allow for private streets in non-residential site condominiums. She reviewed the proposed text regarding requirements for easements, drainage/stormwater management, landscaping, road grade, second access/emergency access, cross access/connectivity, design modifications or deviations, and maintenance.

Motion by Bushouse, second by Culp to accept the recommended text and set First Reading for July 12th. Carried.

REZONING - SOUTH 9TH STREET
"R-2" RESIDENTIAL TO "R-3" RESIDENTIAL

A recommendation from the Planning Commission to approve a rezoning request from Educational Community Credit Union at 1551 South 9th Street, to rezone from "R-2" Residential to "R-3" Residential, was before the Board for Second and Final Reading.

Motion by Culp, second by Corakis to approve the rezoning request. Carried.

RECOMMENDATION FROM PLANNING COMMISSION TEXT AMENDMENT - FLAG POLE HEIGHT

Text amendments to amend Section 76.175A last sentence thereof and Section 76.185A the last sentence thereof, to increase the flag pole height to not exceed 60 feet and to include within that the amendment of Section 76.130 to establish definition of height, to include subsection 4 of the Planning Commission recommendation to require maintenance pursuant to Section 76.400 and to add an additional provision to set a maximum flag size of no more than 15 x 25 feet, was before the Board for Second and Final Reading.

Motion by Corakis, second by VanDyke to adopt the text amendments. Carried.

STADIUM PARK WAY - INFRSTRUCTRE BIDS

Engineer Snell recommended the bid from Balkema Excavating be accepted for the construction of infrastructure for Stadium Park Way.

Motion by Culp, second by Rakowski to accept the bid from Balkema Excavating in the amount of $242,407.50 plus a 5% contingency. Carried.

REVOCATION OF PILOT - HOPE WOODS

This item was tabled from the June 14th meeting due to lack of necessary information for discussion. Attorney Porter advised he had received and reviewed the financial information and concluded Hope Woods is in compliance with State statute to qualify as a PILOT even though all units are not being rented to low income elderly. It was noted the information presented at the time of their request for a PILOT indicated the entire project would be for low income elderly persons. Mr. Porter pointed out the ordinance in place at the time was not specific and would be difficult to enforce.

Trustee Bushouse inquired if ownership of the property changed, would it affect the status of the PILOT. Attorney Porter advised he would research this. Other Board member comments included a letter should be sent expressing the Board's displeasure with the misrepresentation of their original request and the current ordinance should be reviewed.

Attorney Porter will report back at the July 12th meeting.

COMMUNITY ACCESS CENTER AGREEMENT

Trustees Bushouse and Corakis reported on their discussions with officials of the Community Access Center and presented a proposed agreement for purchase of equipment, use of the equipment for training purposes and their funding participation through the franchise fees. Discussion included concerns regarding equipment repair, and time period of the agreement. Consensus was to direct Attorney Porter to draft a proposed agreement for review at the July 12th meeting.

CLEANING BIDS

This item was tabled from the June 14th meeting pending discussion with maintenance employee Josh Brady regarding cleaning of Township facilities. Clerk Everett advised Mr. Brady indicated he was interested in taking over the cleaning and discussed with him taking on the responsibilities for a six month trial period.

Motion by Corakis, second by Everett to add cleaning of Township facilities to the maintenance position description for six months with a review at that time. Carried.

OTHER BUSINESS
RESOLUTION TO AUTHORIZE SIGNATURE

Planning Director Stefforia advised the title company was requesting a resolution authorizing the Supervisor to sign the sales agreement with Harrison Packing for the sale of Township owned property on Stadium Drive.

Motion by Culp, second by Sikora to adopt a resolution authorizing the Supervisor to sign the sales agreement with Harrison Packing for Township owned property. Carried.

ADDITIONAL LIGHTING TOWNSHIP OFFICE DRIVEWAY

Trustee Bushouse advised it had been determined that four additional parking lot light fixtures would be needed for the new driveway entrance to the Township Office.

Motion by VanDyke, second by Corakis to approve an expenditure in the amount of $11,345 for four additional parking lot light fixtures. Carried.

ADDITIONAL ROAD PROJECT

Clerk Everett presented information regarding an additional road project; chip seal of 2nd Street from M-43 to Almena. She advised an estimate from the Kalamazoo County Road Commission for this project was $16,366. She further advised there were funds of $9,835 available from the 2005 road budget and reallocated PAR funds, with an additional $12,000 expected from actual project costs coming in under previous estimates; KCRC would be able to confirm the final costs by the end of the week.

Motion by Corakis, second by Everett to authorize the additional project of chip seal of 2nd Street from M-43 to Almena contingent upon funds being available with KCRC confirmation of final cost of approved projects coming in under the previous estimates. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse commented he had concerns the City of Kalamazoo had not yet issued a contract for the installation of the water line on West H Avenue for the water tower. Engineer Snell will follow up on this.

Trustee Rakowski commented the new roof for the Drake House has been completed and work has begun on the carriage house.

Trustee Sikora congratulated Clerk Everett on achieving Certified Municipal Clerk status.

There was no further business and the meeting was adjourned at approximately 8:15 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor