OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

June 8, 2004

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 Ted Corakis
Trustee Stan Rakowski

Also present was James Porter, Township Attorney, Marc Elliott, Township Engineer, and 1 interested person.

PUBLIC COMMENT

None.

Board Discussion

Items discussed included the LaSalle retention pond with consensus that a policy be set concerning pumping the water from the street when necessary and establishing a fee schedule to be billed to the Kalamazoo County Drain Commissioner. It was also felt the support of the Kalamazoo County Road Commission is needed since the water in the street affects their infrastructure.

Township Board goals for 2004 were reviewed noting some accomplished and others that are on going.

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

Also present were James Porter, Township Attorney, Marc Elliott, Township Engineer, Planner Mary Lynn Bugge, and 6 interested people.

Clerk Everett advised the May 25th Regular Meeting minutes should be corrected to reflect that the amount of proposed deposit for the Building/Fire Code Board of Appeals fee was $500.00. Motion by Rakowski, second by Corakis to approve the May 25th Regular Meeting minutes as corrected and the June 2nd Special Meeting minutes as presented. Carried.

Income to the General and Fire Funds of $53,685.57 and disbursements of $107,157.02 were reported. Motion by Corakis, second by Rakowski to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Henry Bonnes, 2648 Plainview, commented he had attended the May 11th Board Meeting concerning two citations he received for cars he had parked at Stadium Drive and Plainview for sale. He felt the tickets had been issued in error and he should be given a refund, the matter was referred to the attorney for review but he had not been contacted.

Attorney Porter advised their review indicates the wrong section number of the vehicle code may have been sited, however, the vehicles were in violation of another section which prohibits parking vehicles for sale in the street right of way.

Mr. Bonnes indicated he still did not agree with the provisions of the vehicle code. Trustee Bushouse commented the activity would be acceptable when conducted on your own property for a limited period of time.

REZONING REQUEST - SECTION 25

R5 MOBILE HOME PARK TO CR COMMERCIAL RESTRICTED

Planner Mary Lynn Bugge presented 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. She advised the Planning Commission held a public hearing on May 13th and determined the rezoning was consistent with the Master Land Use Plan and appropriate.

Treasurer Culp inquired regarding the proposed text changes to the CR District language. Ms. Bugge advised if the Board wished to approve the rezoning in conjunction with acting on the proposed text changes, the First Reading date should be set for July 13th.

Motion by Culp, second by Everett to set First Reading for the proposed rezoning for July 13th. Carried.

LOT SPLIT - SPRINGWOOD HILLS

Planner Bugge presented a request from two lot owners on Laguna Circle in Springwood Hills #4 to allow Lot 76 to be split and recombined with Lots 75 and Lot 77. She advised the resulting two lots would be in compliance with dimensional requirements and served by public water and septic systems. She noted a deed restriction is required stating that only one house will be permitted on the lot resulting from the combining of Lot 77 and portion of Lot 76 and the sale and recombination must be evidenced by recorded deeds.

Motion by Brown, second by Rakowski to approve the lot split conditioned upon the deed restriction and recorded deeds as noted by Ms. Bugge. Carried.

SITE CONDOMINIMUM - NORTH 5TH STREET

Planner Bugge presented a Planning Commission recommendation to approve a request from the owners of 1251 North 5th Street to establish a two unit site condominium development. She advised one 1.2 acre site would contain the existing dwelling and the other 9.7 acre site was intended for the future establishment of one dwelling, each site would utilize individual wells and septic systems and no other development could occur without Township review and approval. She noted the Planning Commission recommended their approval subject to Kalamazoo County Road Commission review and approval, Kalamazoo County Human Services Department finding the development suitable for well and septic, and Township Staff review, including Township Attorney review of the Master Deed and Bylaws and finding them acceptable prior to recording.

Motion by Culp, second by Brown to grant final approval of the site condominium subject to the conditions noted by the Planning Commission. Carried.

MEDIACOM FRANCHISE

Attorney Porter presented a proposed franchise with Mediacom for Board consideration. He advised Attorney Rob Thall had revised the standard agreement to reflect the needed language for the small area, currently 13 addresses, that subscribe to Mediacom for cable.

Motion by Culp, second by Rakowski to authorize the Supervisor to sign the franchise agreement with Mediacom. Carried.

MTA DUES

Annual dues to the Michigan Townships Association for the period of July 2004 through June 2005, in the amount of $5,049.52 were before the Board for consideration.

Motion by Corakis, second by Culp to approve payment of the annual dues. Carried.

BUILDING/FIRE CODE BOARD OF APPEALS FEE

Clerk Everett advised Officer Scott Paddock had informed her he had not received the information requested by the Board regarding how other municipalities charge for their Building/Fire Code Board of Appeals.

Trustee Bushouse noted the provisions of the State Construction Code indicate the right of appeal is incorporated into the building permit fee.

Motion by Corakis, second by Bushouse to postpone this item. Carried.

OTHER BUSINESS

Pension Plan - In Service Withdrawals

Clerk Everett advised she had been contacted by Todd Carless of Burnham & Flower advising of the option available for in service withdrawals from the Township pension plan by employees who reach a retirement age but are still employed. Consensus was more information was needed for consideration. Ms. Everett advised she would invite Mr. Carless to attend the June 22nd meeting.

West H Avenue Property Acquisition for Sewer Pump Station

Supervisor VanDyke advised negotiations with regarding acquiring a portion of her property for the placement of a sewer pump station had been ongoing with the most recent discussions resulting in a sale price of $17,000. Engineer Elliott advised this would be an important piece of the sewer plans for the area between Drake Road and 10th Street.

Motion by Rakowski, second by Culp to authorize the Supervisor to continue negotiations for purchase of the property not to exceed $17,000. Carried.

BOARD MEMBER COMMENTS

Clerk Everett thanked the members of the community who contributed to the Parkview/Stadium traffic island beautification project; Scott Heystek and Dick Culp for removing the concrete, Scott Husted for disposing of the concrete and the donation of the plants, Saunders Greenhouse and Corning Greenhouse for donation of plants, and Marcia Husted and her garden group for planting them.

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Trustee Bushouse commented he felt Mr. Bonnes did not fully understand the intent of the ordinance regarding selling cars in the street right of way; that such activity is acceptable when conducted on your own property for a limited period of time.

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Trustee Brown thanked Trustee Corakis for the copy of the Community Access budget and noted there is no budget shown for capital equipment regarding the extra thirty five cents collected for that purpose. She also inquired if Comcast customers are receiving local access channels. Trustee Corakis commented he will make some inquiries.

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Trustee Rakowski commented he felt signs should be used for promotion of Oshtemo Day to be held on August 14th.

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Engineer Elliott conveyed Bob Snell's thanks for those who attended his 80th birthday luncheon.

There was no further business and the meeting was adjourned at approximately 8:50 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: JOHN VANDYKE
Supervisor