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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

June 12, 2001

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 Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Mary Lynn Bugge, Planner and approximately 15 interested people.

PUBLIC COMMENT

A resident from 1700 Bronson Way inquired regarding the status of the connecting driveway between Lowe's and the Post Office. She was advised it is up to the Post Office to finish the project and she could contact them to voice her concerns.

Michael VanDam, 193 South 2nd Street, expressed concern regarding the contaminated water issue in his area. He was advised there is ongoing discussion and the Township will pursue every available source of funding a water extension.

Tom Brodasky, 6392 Buckham Wood Drive, commented to Supervisor VanDyke that the May 22nd minutes indicated some of the issues that had been brought to Mr. VanDyke's attention apparently have been resolved, however, there were several other matters brought to his attention concerning documents and asked if Mr. VanDyke could comment as to the progress on those. Mr. VanDyke commented that everything that has been presented to him had been presented as requested to the proper people and there is nothing.

DISCUSSION - KL LANDFILL LITIGATION

Attorney Mike Ortega was present to update the Board on the KL Avenue Landfill litigation.

Motion by Everett, second by Brown to adopt a resolution to adjourn to closed session for discussion with Attorney Ortega. Roll call vote showed Brown-yes, Bushouse-yes, Everett-yes, Culp-yes, Worline-yes, VanDyke-yes.

Public meeting was adjourned to closed session at approximately 6:10 p.m.

Supervisor VanDyke called the regular meeting to order at 7:05 p.m.

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

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Mary Lynn Bugge, Planner, and approximately 20 interested people.

COMMENT ON CLOSED SESSION

Attorney Mason commented there would be discussion later on the agenda concerning extension of public water to the 2nd Street area and questions about how that related to the KL Landfill; there have been scientific reports that indicate the contamination is not related to the landfill, however, the Township is committed to pursuing all avenues of reimbursement for the water extension.

RESOLUTION HONORING NORM ANDERSON

A resolution honoring Trustee Norm Anderson, who passed away June 7th, was passed unanimously and a moment of silence acknowledged.

Motion by Culp, second by Worline to approve the minutes of the May 22nd meeting. Carried.

Income to the General Fund of $38,274.80 and disbursements of $83,776.58 and income to the Fire Fund of $17.50 and disbursements of $28,719.41 were reported. Motion by Brown, second by Culp to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

MaryAnn Fleckenstein, 5462 Antiqua Circle, presented a statement to the Board regarding the sewer/water surcharge approved by the Board on May 22nd. She commented she felt this is another form of taxation against current and future users. She further commented that while she understood the need to seek funding to support extension of the utilities, growth and development should fund them or the entire community should. She also stated that when building a home she paid for the extension of the utilities and does not wish to be singled out as a current user to support growth and development in other areas; if funds are not available from developers or the Township, the Board should take action to increase the millage rate so that all taxpayers are assessed to support funding of utilities. She urged the Board to reconsider their action.

Mrs. Fleckenstein also inquired about cars for sale parked at the corner of South 9th Street and KL Avenue. She was advised that Ordinance Enforcement Officer Scott Paddock has contacted the property owner.

Conrad Tisland, 8349 West H Avenue, addressed the Board regarding a mobile home that had been allowed to be placed at 8339 West H Avenue while a home was under construction. His concern was that construction did not seem to be progressing on the home and was concerned at how long the mobile home would be allowed to remain; it was his understanding that the owner had been given permission to have it there until October. Supervisor VanDyke advised he would address his concerns with Ordinance Enforcement Officer Scott Paddock.

FIREWORKS PERMIT - 3700 WOLF DRIVE

An application from Ron Jacobs for a fireworks permit for July 4th was received. Mr. Jacobs has been granted a permit for the past two years; his application indicated the necessary insurance coverage.

Trustee Bushouse commented he felt a procedure reviewed by the attorney should be put in place before applications are received next year that would require the applicant's performance bond to include the Township as an insured party, and verify the amount is adequate.

Motion by Bushouse, second by Brown to approve the fireworks permit. Carried.

LIQUOR LICENSE TRANSFER

An application from Great Lakes Dining was received requesting a transfer of their liquor license. A notarized letter from Great Lakes Dining was also received indicating the request was due to an addition of a stockholder. The Liquor Control Commission requires local approval. The Attorney advised the letter was adequate for approval.

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

MICHIGAN TOWNSHIPS ASSOCIAITON DUES

An invoice in the amount of $4,706.40 was presented for MTA dues. Trustee Brown commented considering the extended use the Board has had from the association and will continue to have, it is money well spent to help the officials run an efficient and proper Township.

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

RESOLUTION REGARDING SALE OF TOWNSHIP PROPERTY

A resolution that would require 30 day notice be given to all property owners within 300 feet of any Township owned property being sold as well as public notice published in the Kalamazoo Gazette was presented.

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

PLANNING COMMISSION RECOMMENDATION

REZONING SECTION 26 R-2 TO R -4

CORRECTION - 8401 STADIUM DRIVE

The Planning Commission recommendation for rezoning approximately 4.5 acres form R-2 to R-4 located on the north side of Parkview Avenue in the 6000 block and a correction of an error in a legal description at 8401 Stadium Drive was before the Board for First Reading.

The Attorney had combined the two items into one ordinance amendment to reduce publishing and other costs.

Motion by Brown, second by Everett to set the ordinance amendment for Second Reading at the June 26th meeting. Carried.

MICHIGAN BUILDING CODE

The Michigan Building Code, Michigan Residential Code and Michigan Mechanical Code were before the Board for Second and Final Reading.

Motion by Brown, second by Bushouse to adopt the ordinance concerning the Michigan Building Code, Michigan Residential Code and Michigan Mechanical Code. Roll call showed Brown-yes, Bushouse-yes, Everett-yes, Culp-yes, Worline-yes, VanDyke-yes.

DISCUSSION/CONSIDERATION OF WATER EXTENSION

Attorney Mason advised she had drafted a resolution reflecting the discussions held regarding extending public water to the 2nd/1st street area to address the difficulty with the Kalamazoo County Health Department (KCHD) and their refusal to grant well permits. The proposed resolution would authorize the Township Engineer to draft plans showing the proposed improvement, location, estimate the cost and description of the proposed assessment district. It lists the area, which appears to be in need of public water and includes all or portions of 1st Street, 2nd Street, Almena Drive, KL Avenue, the Oshtemo Valley Plat, Skyview Estates, and West Main. She suggested adding any additional areas designated by the Engineer after consultation with the KCHD; the district can be extended or contracted as appropriate. The resolution also includes language that the Township will vigorously pursue all sources of funding or reimbursement available, both public and private so as to minimize or eliminate the need for any special assessment for the extension. After the engineer has drafted the plans and cost estimates they would be available at the Township Office and he would pursue a contract with the City of Kalamazoo for extension since the City's rate for building such a project is substantially less than a private contactor; the resolution would require the Engineer to pursue a proposed draft contract with the City and place the project on their schedule as available.

Connie VanDoeselaar, 10361 West Main, inquired if there had been information regarding this resolution shared with the property owners of the effected area, feeling it would it be a good indication of cooperation if they were informed since it does directly effect them; it also sounds like it will effect them financially, there should be some type of public forum.

Attorney Mason advised when the Engineer has the information, it will be on file with the Township Office and when a decision is made, there would be a public hearing and all property owners in the proposed district would receive a notice

Bob Janssen, 8670 Almena Drive, inquired if the area described included his property. He was advised it did.

Dan Wilkinson, developer of Skyview Estates urged the Board to do whatever possible to install water at least through his subdivision and out to 1st Street this year, the KCHD has indicated they might allow use of wells if water is going to be installed, another building season is being lost, and he feels he has been very patient in waiting for this to be resolved.

Attorney Mason commented that the cost of pursuing a portion of the water extension as a separate matter with a private contractor would make it substantially more expensive, also advising that if there is a signed contract with the City of Kalamazoo, such that there is a process by which municipal water is ultimately going to reach his and other properties, those properties would be considered as having the ability to have a building permit. The buildings would not have occupancy until the water was actually available which could be by municipal water or a temporary water access approved by the KCHD, therefore, building pursuant to a building permit could begin before the water was actually at their doorstep.

Dan Visser, owner of 291 North 1st Street, commented he bought vacant land knowing what was going on in the area and also urged the Board to consider the water extension through Skyview Estates and out to 1st Street. He commented he is in the same position as Mr. Wilkinson and cannot obtain a building permit and KCHD requirements for a test well is not affordable. He further commented he has no problem, and doesn't think a lot of people do, with putting in a temporary well if water is coming and he can obtain a building permit.

Attorney Mason advised the resolution the Board is considering is the first legal step to accomplish what is being requested.

Engineer Snell advised he would present a progress report at the June 26th meeting and felt all the necessary information for a proposed district could be available by the July 24th meeting.

Attorney Mason commented it is our understanding from KCHD and MDEQ that if the Township pursues and is committed to a project to bring water to this area they have indicated they will be more inclined to be more receptive to temporary arrangements for water so that development can go forward prior to arrival of municipal water.

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

DISCUSSION/CONSIDERATION OF COG MEMBERSHIP

Supervisor VanDyke advised he attended the June meeting and we are again being asked to join, dues would be approximately $300.00 per year, and he feels it would be beneficial for the Township to be a member. There are currently approximately seven members.

In response to questions from Trustee Worline it was explained that unlike the previous structure, meetings are open to all officials, the unit elects a representative who casts the unit's vote after consultation with their own Board, and the group will operate on a one unit-one vote system.

Mr. Worline commented that he is a strong proponent of working with other governmental units and feels this is something the Township should be a part of especially considering the reasonable amount of the fee.

Motion by Worline, second by Bushouse to approve payment of the dues and join COG. Carried.

OTHER BUSINESS

ROAD PROJECT - G AVENUE

Supervisor VanDyke presented a contract for paving of approximately 800 feet of G Avenue from 2nd Street to Wolf Drive, at a cost of $10,900 which would be shared by the Road Commission and Alamo Township with the Township portion being $5,450. Funds would be available from the road budget since the bid for the 7th Street project came in $10,000 lower than expected.

Motion by Bushouse, second by Brown to approve the project at a cost of $5,450 utilizing the Road Commission matching funds for one-half and the remaining $2,750.00 from the road budget based on previously approved projects coming in under bid, and the Supervisor and Clerk be authorized to sign the contract. Roll call vote showed Bushouse-yes, Brown-yes, Worline-yes, Everett-yes, Culp-yes, VanDyke-yes.

TRUSTEE APPOINTMENT

There was discussion regarding appointment of a Trustee to fill the vacancy created by Norm Anderson's death.

Motion by Everett, second by Brown to accept letters from previous applicants indicating they are still interested and whether they wish to be interviewed again. The deadline for receiving these at the Township Office as well as any new applications will be June 21st at 10:00 a.m. A special meeting will be held on June 25th at 4:00 p.m. for interviews and the appointment will be made at the June 26th meeting. Carried.

BOARD MEMBER COMMENTS

Clerk Everett thanked Girl Scout Troop 098 for their assistance in placing the flags in the cemeteries for Memorial Day.

She also advised the speed trailer has been received by the Kalamazoo County Sheriff's Department. Ordinance Enforcement Officer Paddock will be receiving training for programming and it will be in use in a couple of weeks.

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Trustee Bushouse commented the proposed community survey should be discussed before being sent out.

He also commented as a resident of North 7th Street, he would like to see the speed trailer set up there at some time.

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There was no further business and the meeting was adjourned at approximately 8:35 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor