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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

June 11, 2002

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 Tom Brodasky
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, and 2 interested persons.

PUBLIC COMMENT

Representative Tom George was present and offered comments on three items:

KL Landfill - he has inserted a line item in the DEQ 2003 budget that would require them to complete testing of other potential contamination sites by July 2003.

Recall - legislation is pending that would require a vote of one vote more than elected with to recall a local official.

Cable access - AT&T and Charter have linked and can now offer AT&T customers public access channels. The Township must decide which two will be carried. Rep. George suggested 1 from Portage Community Access and 1 from Kalamazoo Community Access would offer the most diverse programming.

Rep. George advised he is a candidate for the 20th District State Senate Seat. He also introduced Sara Moleski as his local contact. Ms. Moleski advised she is a candidate for the 12th District Kalamazoo County Commission seat.

Board members discussed the informational meetings to be held on June 19th and 24th regarding discussion of expanding the current police district. Discussion included what information should be available, maps, etc.

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

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Tom Brodasky
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Mary Lynn Bugge, Planner and approximately 6 interested people.

Motion by Worline, second by Brodasky to approve the minutes of the May 28th meeting. Carried.

Income to the General and Fire Funds of $23,691.40 and disbursements of $606,441.01 were reported. Motion by Brodasky, second by Culp to accept the report as presented. Carried.

CITIZENS COMMENTS

None.

PUBLIC HEARING - LIQUOR LICENSE - BACCI'S

This item was tabled at the May 28th meeting at the request of the applicant. Clerk Everett advised she was contacted by phone by Peggy Pastrick who advised the project is on indefinite hold and their request is withdrawn at this time.

PUBLIC HEARING - LIQUOR LICENSE - MUY LOCOS

Applicants Martin Ray and Michelle Suhy presented information regarding their proposed Muy Locos restaurant in the former Fox's Pizza site on KL Avenue adjacent to Big Burrito, which they own. Their presentation provided the following information:

Big Burrito was established 1994 and serves approximately 10,000 customers per month.

A June 5th survey showed the average age of their lunch customer was 35.5 years.

There is little change in monthly sales when students are gone; restaurants on campus see sales drop about 50% during summer.

The Muy Locos vision is homemade authentic Mexican lunches/dinners that exceed customer expectations.

Atmospheres of Big Burrito and Muy Locos must be different so they don't compete with each other.

Muy Locos is designed to serve customers looking for fuller dining experience with premium menu items served as a meal and a choice of alcohol or non-alcoholic beverage.

Their customers have requested a finer dining experience in a more formal atmosphere, on weekends they want great food, excellent service, and the option for beer or wine.

A survey of 50 lunch customers on June 10th shown a proposed Muy Locos menu showed they would expect to have alcoholic and non-alcoholic options. Type of food, price of food and other restaurants that serve similar foods offer both beverage selections.

They believe for the proposed concept a liquor license is necessary and not incidental and is necessary to compete with other restaurants with similar menus or any new restaurants that might open in the area.

Supervisor VanDyke commented his concerns had been with the location, would alcohol be taken from the proposed restaurant to the Big Burrito and would the clientele be just students, but he was impressed with their data on the average age of customers and the fact their summer business does not drop off. He further commented he believes small business deserves some help.

Trustee Brodasky inquired if the applicants could foresee the clientele age dropping in proximity to WMU and also inquired of the attorney that since there is no definition of premises in the liquor license statute, could the license cover the Big Burrito since there is a common door regardless of whether or not it is in the public area. Attorney Mason advised some of the applicants comments alleviated some concerns, i.e., calculations of the food/liquor sales do not include the Big Burrito and their plan shows no connection between customer areas.

The applicants commented they felt students would not spend the amount they would be charging for dinners, the intent is to be an upscale restaurant attracting a working class age group, they envisioned the 14 seat bar area to be a waiting area for seats in the dining room, not a hangout. Ms. Suhy commented they would not advertise at WMU, and 14 seats would not attract those looking for a "bar scene".

Trustee Worline inquired if the proposed restaurant exceeded their expectations would they consider relocating, and if they were not granted a liquor license would they open anyway. The applicants indicated they hoped if they were busy on Friday and Saturday the other days would become busy and felt being smaller and quaint would help more than hurt and they like the location because its manageable. They also indicated if not granted a liquor license they would not open the proposed restaurant.

Trustee Worline commented that he supports the small business and wants to see them succeed and felt it would be discriminatory to say they can't have a license because their sales won't be sufficient. He further commented he felt they have a very good plan.

Trustee Bushouse commented he felt parking on the site was a concern in that the applicants were proposing a higher class restaurant on the west end of the building they would occupy along with a convenience store which has a lot of traffic with limited parking. He also commented he was concerned there are a limited number of licenses and of the need to consider what is in the best interest of the overall township and feels strongly a need to be more concerned about issuing a license to a bigger operation that would generate more tax revenue and help the township in other issues. He further commented the applicants made an excellent presentation, he likes what they have proposed, however, the township would have no control over the hours of operation, type of customer they wish to attract, the menu, etc. once the license is issued. He further commented that while he does support small business he could not relate this proposal to what is in the best interest of the whole township and has to think there might be a bigger operation out there. He also commented he could not feature coming to this location for an expensive Mexican meal but would be looking for larger facility.

Trustee Brown commented her concern was the location and that she had a difficult time believing the major clientele would not be students since the location is specific for the neighboring apartment complexes which serve students. She also expressed concern regarding sufficient parking. She also noted the proposal stated business hours as being open until 2 a.m. Tuesday through Saturday. The applicants advised they did not want to misrepresent their application and were actually not planning to be open until 2 a.m. Ms. Suhy further commented the perception of their business being primarily students is not accurate.

Clerk Everett commented her concern was also with the location; that the kind of restaurant they are aiming to have does not seem like it fits well next to a 7-11.

There was discussion of parking requirements in that although the use as a restaurant would not change; the parking ordinance has changed and the liquor license ordinance requires sufficient parking calculated on useable square footage and occupancy level. There was also discussion that a license would revert back to the Township should a business fail within the first three years. Ms. Suhy commented that an unsuccessful business usually closes within 1-1/2 years.

The applicants commented they did not want or intend to have a bar or compete with other bars, and in fact, appreciate that the late night/early morning business of the Big Burrito assists in sobering up people.

Bob Janssen, 8670 Almena Drive, inquired if the application was for a new license and were there any other applicants. He was advised there are two new licenses available and no other applicants at this time.

Motion by Worline, second by Culp to grant preliminary approval of the liquor license application contingent upon a determination of sufficient parking. Roll call vote showed Brodasky-no, Brown-no, Bushouse-no, Culp-yes, Everett-no, VanDyke-yes, Worline-yes.

FIREWORKS PERMITS - LIABILITY REQUIREMENT

At the request of Donald Bierens, the Board took action at the May 28th meeting to review the one million dollar liability insurance requirement that had been adopted for the issuance of fireworks permits. The attorney had researched this issue and found that several municipalities do not grant fireworks permits, and one neighboring township requires one million dollars liability coverage.

In response to Board members questions, Attorney Mason advised under the law a permit is required and the Township has a policy to review and grant permits, one element of that being the insurance requirement, state statute requires permits for type B and C fireworks and insurance coverage does not differentiate between the types.

Supervisor VanDyke suggested amending the resolution to change the effective date to January 1, 2003, keeping prior requirements in place for 2002.

Ms. Mason advised if the new standard would apply for applications for 2003, the Board must be satisfied with current standards if another applicant comes in this year; the policy must be consistent.

Motion by Worline, second by Brodasky to amend the resolution establishing a one million dollar liability requirement for fireworks permits to be effective for applications received in 2003. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes.

MICHIGAN TOWNSHIPS ASSOCIATION DUES

Dues to the Michigan Townships Association in the amount of $4,847.38 for 2002-03 were presented for consideration.

Motion by Everett, second by Brodasky to approve payment of the dues. Carried.

SEWER/WATER COMMITTEE RECOMMENDATION

11TH STREET SEWER EXTENSION

A recommendation from the committee to adopt a resolution authorizing the Engineer to negotiate with the Kalamazoo County Road Commission to coordinate installation of sewer in South 11th Street while their road project is underway was presented. The Engineer will return bids to the Board for approval.

Motion by Everett, second by Worline to adopt the resolution. Roll call vote showed Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes.

SEWER/WATER COMMITTEE RECOMMENDATION

6TH STREET/STADIUM DRIVE SEWER EXTENSION

A recommendation from the committee to approve an expenditure of $56,281.00 to extend sewer south on 6th Street from Stadium Drive while the road-widening project is underway was presented. Engineer Snell advised there had been a request for sewer leads for properties on South 6th Street.

Motion by Brown, second by Brodasky to approve the expenditure and request an accounting of current commitments and balances in the water and sewer funds. Roll call vote showed Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes.

SEWER/WATER COMMITTEE RECOMMENDATION

PETITIONS FROM WEST PORT PLAT FOR SEWER

The committee advised petitions had been received from a portion of the West Port Plat sufficient to establish a special assessment district for sewer installation. The committee recommended adoption of a resolution directing the Engineer to prepare plans and cost estimates for the project and set a date for a public hearing.

Motion by Culp, second by Brodasky to adopt the resolution directing the Engineer to prepare the plans and cost estimates to be available for the June 25th meeting to enable a public hearing to be set for July 23rd. Roll call vote showed Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes.

LOT DIVISON - FRIE & GIBBS

Planner Bugge presented a proposed lot split of the Frie & Gibbs Plat, Block 2, Lot 1 requested by Wayne Taylor. Ms. Bugge advised the proposed split would create 3 lots, each resulting lot meets dimensional requirements of the Zoning Ordinance, each lot will have access to and frontage on a public road, existing buildings must meet required setbacks from proposed side and rear property lines, direct access to Stadium Drive for proposed lot C-2 will be prohibited-a deed restriction is required, public sewer and water are or will be available, and revised legal descriptions must be provided.

Motion by Brodasky, second by Worline to approve the lot split subject to the criteria as provided by Ms. Bugge. Carried.

OTHER BUSINESS

Attorney Mason presented a resolution authorizing the Township to make application to the State of Michigan for conveyance of land, specifically the former Midwest Aluminum and Viking Die Cast sites on Stadium Drive.

Supervisor VanDyke advised he and Clerk Everett, Treasurer Culp, and Planning Director Jodi Stefforia had met with Texas Township and KVCC officials to discuss area growth and development. He advised there was discussion of developing the sites on Stadium Drive in a similar fashion as "The Groves" in Texas Township.

Motion by Brown, second by Everett to adopt the resolution. Roll call vote showed VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes, Everett-yes.

BOARD MEMBER COMMENTS

Trustee Worline commented he was disappointed with the decision of the board regarding the liquor license for Muy Locos but when the Board makes a decision he will support it. Trustee Brodasky commented he felt the Board took everything into consideration and the decision was not made lightly giving the applicant every opportunity to make their case. Clerk Everett commented it was a very difficult decision and Trustee Brown concurred adding that it was a good discussion which the applicant joined in and thinks the decision was fair.

There was no further business and the meeting was adjourned at approximately 9:00 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor