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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

May 27, 2003

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 Dave Bushouse
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was Township Attorney Patricia Mason, Special Counsel Mike Ortega, Township Engineers Bob Snell and Marc Elliott, and County Commissioner Bob Brink.

Attorney Ortega reviewed the current status of the KL Landfill issue, the DEQ's recent directive to proceed with the impermeable cap and the financial implications of the remedy or continuing litigation.

Meeting was adjourned at approximately 6:45 p.m.

Supervisor VanDyke called the regular meeting to order at 7:00 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 Township Attorney Patricia Mason, Special Counsel Mike Ortega, Township Engineers Bob Snell and Marc Elliott, Planner Mary Lynn Bugge and approximately 11 interested people.

Motion by Brown, second by Corakis to approve the minutes of the May 8th special, May 13th regular, and May 20th joint meetings. Carried.

Income to the General and Fire Funds of $294,974.29 and disbursements of $180,347.07 were reported. Motion by Culp, second by Rakowski to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Jerry Bastian, owner of property on West H Avenue, advised the Board he had contacted the Township Office regarding fees for water, was given the assessment amount and told it would not change. Trustee Bushouse responded fees are reviewed annually based on construction costs. He advised Mr. Bastian he could request to meet with the Sewer/Water Committee to discuss the matter.

DISCUSSION WITH ATTORNEY - KL LANDFILL

Attorney Ortega reviewed the current status of the KL Landfill issue commented that the KL Group has been attempting to persuade the EPA to change the remedy as ordered in the 1990 consent decree. He also advised the group's efforts are based on facts that the vast majority of the contaminants has disappeared, the plume of contamination is stable, there are other likely sources of contamination, municipal water has been installed in the effected area, monitoring wells are in place, and the group has requested additional time for two experimental treatments to be effective. He also commented that the construction of the impermeable cap will require the current vegetation removed, the soil scraped off and removed, exposing some of the landfill waste, new soil would be removed from property across KL Avenue from the landfill requiring thousands of truckloads. He noted the DEQ has issued a recommendation for the impermeable cap; the EPA is close to making a decision and will likely concur with the DEQ. In response to questions, Mr. Ortega advised the Township has been pressing the DEQ to investigate other possible sources of contamination and address them.

Lisa Minott, 250 South 4th Street, commented her property prior to her family purchasing it was a household dump but her family's business was only house deconstruction, she has no interest in being implicated as a contamination source and has long been in discussions with the EPA and DEQ and invited them to monitor her property until 1994 when damage was done at which time she severed ties with them. She also commented she does not believe her property is contaminated but if it is the Minott family is not responsible as the abstract to the property provides indemnification from any liability. She further commented the EPA and DEQ have refused to sign a Public Servant Questionnaire prior to accessing her property. Ms. Minott also advised a report had been prepared in the 1980's for the DNR by a graduate student that mapped potential contamination sites. She commented the Township should completely cap the landfill and perform the pump and treat remedy.

Bob Janssen, 8670 Almena, commented he does not have a problem with the Township Board, but rather the EPA; at their last meeting they invited citizens to provide contact information but he has only received one notice, for the June 4th meeting.

REZONING - SECTION 25 & 26 - R-2 TO R-4 - SECOND READING

A recommendation from the Planning Commission to rezone six parcels located on the north side of Parkview Avenue, west of 11th Street from R-2 Residential to R-4 Residential was before the Board for Second Reading.

Motion by Everett, second by Culp to approve the rezoning. Roll call showed Brown-yes, Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

REZONING - SECTION 26 - R-4 TO R-3 - FIRST READING

A recommendation from the Planning Commission to rezone 212 properties in the Quail Meadows and Quail Cove Drive area from R-4 Residential to R-3 Residential was before the Board for First Reading.

Motion by Culp, second by Brown to set Second Reading for June 10th. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

TEXT AMENDMENT - I-1 DISTRICT SUBSTANDARD PARCELS - FIRST READING

A recommendation from the Planning Commission to adopt a text amendment to allow office buildings in the I-1 Industrial district as a Special Exception Use on legal, non-conforming parcels that do not meet the minimum area criteria was before the Board for First Reading.

Motion by Culp, second by Brown to set Second Reading for June 10th. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

TEXT AMENDMENT - SIGN ORDINANCE- FIRST READING

A recommendation from the Planning Commission to adopt two text amendments regarding the Sign Ordinance in response to observed deficiencies with or a need to change the existing language was before the Board for First Reading.

Motion by Culp, second by Brown to set Second Reading for June 10th. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

TEXT AMENDMENT - RENUMBER SECTION IN R-4 DISTRICT - FIRST READING

A recommendation from the Planning Commission to adopt a text amendment correcting the numbering in Section 24 was before the Board for First Reading.

Motion by Culp, second by Brown to set Second Reading for June 10th. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

TEXT AMENDMENT - HOME OCCUPATIONS

Planning Commission Chairman Neil Sikora presented a recommendation for text amendments to the Home Occupations Ordinance, which has been in place for approximately twenty years. He advised the commission reviewed other communities standards and information from the Home Business Council, the intent being to broaden the criteria for home occupations while retaining residential character.

He noted the proposed amendments would broaden the criteria to include more zoning districts, allow the home occupation to occur in an attached garage, increase the interior gross floor space area, allow off site employees, and by special exception use allow home occupations in accessory buildings, a larger area of the dwelling and/or attached garage, and employ one nonresident employee on-site at any one time.

Motion by Brown, second by Rakowski to accept the recommendation and set First Reading for June 10th. Carried.

REQUEST FROM KALAMAZOO COUNTY ROAD COMMISSION

GRANT APPLICATION - KL AVENUE

Clerk Everett advised a request had been received from the Kalamazoo County Road Commission for a letter of support in their efforts to seek a grant for the upgrading of KL Avenue between South 9th and South 11th Streets to an all season road.

Trustee Bushouse recalled inquiring about future roadwork when the 2002 sewer project in this area was discussed.

Motion by Bushouse, second by Corakis the send a letter of support for the grant application and direct the Engineer to compile costs for installation of sewer while the road is under construction. Carried.

RESOLUTION SUPPORTING INCREASE IN SIZE OF ROAD COMMISSION

Clerk Everett advised area townships, the Kalamazoo County Board of Commissioners, and the Road Commission had recently adopted resolutions supporting increasing the number of road commissioners from three to five. There was discussion of the need for more local representation and increasing the size would support that effort.

Motion by Everett, second by Brown to adopt the resolution supporting increasing the number of road commissioners. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Bushouse-yes.

BOARD MEMBER COMMENTS

Trustee Rakowski commented the Fire Department performed well at a fire at Ted & Marie's Restaurant recently.

He also commented there had been vandalism at the Frays house over the past weekend.

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Trustee Corakis commented the corner of South 9th Street and Erie had not been mowed.

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Trustee Corakis then left the dais and advised he wished to speak as a citizen. He thanked the Fire Department for their response to the fire at his restaurant. He commented he had a problem with a Township staff person regarding the necessary repairs to reopen the business.

There was no further business and the meeting was adjourned at approximately 8:10 p.m.

DEBORAH L. EVERETT
Township Clerk Supervisor
Attested: John VanDyke