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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

March 26, 2002

The Oshtemo Township Board held its work session at the Township Hall. Supervisor VanDyke called the meeting to order at 5:00 p.m.

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

Also present was Marc Elliott, Township Engineer, Lloyd Lambert, General Superintendent of the Kalamazoo County Road Commission and 1 interested person.

Discussion was held on long range planning regarding roads, sewer and water. Mr. Lambert provided the Board with long range road projects to 2004. Engineer Elliott advised the 20 year study for sewer and water would be ready for discussion with the Sewer/Water Committee in a couple of weeks. Mr. Elliott also updated the Board on the watershed management plan requirements and how to identify those areas.

Reports were given from Roads, Parks, Buildings & Grounds, and Personnel Committees and sub-committees studying the police district and housing code. There was also discussion of the EDC Board contacting Southwest Michigan First regarding the former Midwest Aluminum/Viking Die Cast property on Stadium drive to discuss potential development.

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, Marc Elliott Township Engineer, Planner Mary Lynn Bugge, Ordinance Enforcement Officer Scott Paddock and approximately 6 interested people.

Motion by Brown, second by Brodasky to approve the minutes of the March 12th meeting. Carried.

Income to the General and Fire Funds of $1,687.35 and disbursements of $163,533.56 were reported. Motion by Worline, second by Culp to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Stan Rakowski, 7151 West G Avenue, commented he felt the Board should consider adding to the application process for the various boards that the applicant attend a seminar, with mileage provided if out of town, so the applicant would have a better understanding of the duties and obligations. He also commented that he has spoken with residents of Quail Meadows and Quail Cove and feels American Village Builders should be commended for their work there.

UNITED SOCCER FOUNDATION

Bob Gregersen, Director of the Kalamazoo County Parks Department and Barb Baker of the Parks campaign for soccer fields in Kalamazoo County. Mr. Gregersen advised two County parks, River Oaks and Prairie View currently have soccer fields and funding is being sought to develop more. Also involved are AYSO Divisions 211, 74 and the Portage Soccer Complex. They requested a donation of $5,000.

Motion by Brown, second by Brodasky to refer the request to the Parks Committee for study and recommendation. Carried.

LIQUOR LICENSE TRANSFER - 19TH HOLE II, LLC

A request from 19th Hole II, LLC for transfer of the liquor license held by 19th Hole Service Co. Inc.was received from the Liquor Control Commission. The purchaser had submitted the required information indicating no changes were proposed for the location which is Ridge View Golf Course.

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

PLANNING COMMISSION RECOMMENDATION
TEXT AMENDMENT - CHILD CARE CENTERS

Planner Mary Lynn Bugge presented a recommendation from the Planning Commission to add a definition of child care center to reflect the State definition for licensed child care conducted outside a private residence, add child care centers as a special exception use in the R-3 district subject to the same criteria as office buildings, change the term "day nurseries" to "child care centers" in the R-4 and C districts, change the wording from "child or adult day care centers" to "child care centers and adult day care centers" in the VC district, to have consistent wording throughout the ordinance, and update reference to "screening" in R-3 special exception uses to reflect the current landscape requirements.

Motion by Worline, second by Brodasky to accept the text amendment and set First Reading for April 9th.

Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes.

PLANNING COMMISSION RECOMMENDATION CONFOMITY TO SITE PLAN

Ms. Bugge next presented a recommendation from the Planning Commission that would require record construction drawings be submitted and signed by a licensed contractor, architect, engineer, or landscape architect when a Certificate of Occupancy is requested, and in the case of one and two family developments, record construction drawings of the site development would be required prior to issuance of a building permit for any residential construction. She further explained the record construction drawings would reflect all changes to the approved site plan and indicate the location and details of any preexisting site utilities and facilities that differ from the approved site plan; if a site is developed in strict accordance with the approved plan, the licensed individual can sign the plan indicating changes did not occur in lieu of submitting record construction drawings. The requirement would apply only to development subject to site plan review and therefore not apply to individual one and two family homes. Ms. Bugge advised this would enable the Township to have accurate plans of all future development signed by a license individual, plans would indicate approved amendments, unavoidable field changes and accurate details of preexisting infrastructure, and the documents would provide the Township with valuable information should site problems arise and for future development.

In response to a question from Trustee Brown, Ms. Bugge advised the Planning Department would be responsible for verifying the documents had been received.

In response to concerns and questions from Trustee Bushouse, Ms. Bugge and Attorney Mason advised the intention of the requirement is to provide the Township with accurate records reflecting what is actually on a site. It was noted this would be valuable for future use when a particular item needed to be located on a site plan. It was also noted that the request would not be for "as built" plans, and a local architect who had concerns about the initial proposed language was now satisfied as was a Planning Commission member who is a builder/developer. Engineer Elliott concurred he had input into the proposed language and was satisfied with it.

Motion by Worline, second by Brodasky to accept the amendment and set First Reading for April 9th. Roll call vote showed Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-no.

ROAD PROJECTS - 2002

Trustee Bushouse presented the Road Committee's recommended list of projects for 2002. He noted that the total amount exceeds funds budgeted and participating funds available from the Kalamazoo County Road Commission, however, project costs usually come in under the estimates.

2002 Road Projects

Overlay

North 5th Street

Chip Seal

West M Ave

North 3rd Street

Atlantic

Wolf Drive

Microseal

Chime Street

Erie Street

Torrington Road

Wild Cherry

Litchfield Lane

Thunder Bluff

Little Meadow Pass

Crystal Lane

Drainage Correction

8th Street

Motion by Culp, second by Brown to approve the road projects for 2002 and adopt the resolution requesting the Kalamazoo County Road Commission establish a special assessment district for the paving of North 5th Street. Roll call vote showed Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes.

RECOMMENDATION FROM SEWER/WATER COMMITTEE STADIUM DRIVE EXTENSION/LEADS

Engineer Elliott advised he had negotiated with Peters Construction, as directed by the Board at the February 26th meeting for installation of a sewer extension and leads during the widening project of Stadium Drive between 6th and 8th Streets. He further advised he had met with the Sewer/Water Committee and recommended the contract be approved as a "not to exceed total" of $137,155.50.

Motion by Bushouse, second by Brodasky to approved the contract as recommended. Roll call vote showed Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes.

DISCUSSION OF ATTORNEY OPINION LETTER ORDINANCE ENFORCEMENT MATTER

Motion by Brodasky, second by Brown to adopt a resolution to adjourn to closed session to discuss an attorney opinion letter regarding an ordinance enforcement matter. Roll call vote showed VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes, Everett-yes.

The Board adjourned to closed session at approximately 8:10 p.m.

The Board reconvened at approximately 8:25 p.m.

Motion by Brodasky, second by Brown to authorize the Attorney to pursue court action regarding the ordinance enforcement matter discussed in closed session. Carried.

OTHER BUSINESS

State Representative Jerry VanderRoest was present and commented on several matters being considered by the legislature including election consolidation, broadband fees, recall legislation, summer tax collection and the recent veto by the Governor regarding Township input into setting speed limits.

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Trustee Brown commented she appreciates the response from Rep. VanderRoest's office for information she requested regarding federal and state requirements for school testing.

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Trustee Brodasky and Supervisor VanDyke advised MTA seminars they recently attended were very informative.

There was no further business and the meeting was adjourned at approximately 8:45 p.m.

>DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor