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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

May 28, 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 and 3 interested persons.

John Kelly, owner of LaFontanella expressed concerns regarding the liquor license application from Peggy Pastrick. He felt some of the statements made by Ms. Pastrick and Patricia Humbert at the May 14th meeting were not accurate.

Reports were given from Parks, Buildings & Grounds, and Personnel Committees and sub-committees studying the police district and housing code, and the technology committee.

Discussion was held regarding the possible expansion of the current police special assessment district. Consensus was to hear from the public before proceeding further and dates of June 19th and 24th at 7:00 p.m. were set to conduct public hearings. A notice/survey will be mailed with the June newsletter.

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 Tom Brodasky
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Michael Ortega, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Planner Mary Lynn Bugge, and approximately 9 interested people.

Motion by Brodasky, second by Worline to approve the minutes of the May 14th meeting and May 21st joint meeting. Carried.

Income to the General and Fire Funds of $63,059.34 and disbursements of $148,771.85 were reported. Motion by Worline, second by Brodasky to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Don Bierens, 10711 West KL Avenue, commented regarding the recent action by the Board to require a one million dollar bond or insurance for fireworks permits. He advised he has conducted a fireworks event at his home for the past 30 years with no incident. He felt the bond requirement should be based on type of fireworks, advising his are not commercial grade. Discussion resulted in consensus that the issue be researched and reconsidered by type of fireworks.

Motion by Brown, second by Bushouse to research the issue and consider at the June 11th meeting. Carried.

PUBLIC HEARING - LIQUOR LICENSE - BACCI'S

Supervisor VanDyke advised that applicant Peggy Pastrick had requested this item be tabled to the June 11th meeting.

Motion by Worline, second by Brodasky to table the public hearing to June 11th. Carried.

CONSIDERATION OF APPLICATION FOR LIQUOR LICENSE-MUY LOCOS

Applicant Martin Ray presented an application for a liquor license for a restaurant he plans to open in the former Fox's Pizza site on KL Avenue adjacent to Big Burrito, which he owns. He advised he would offer authentic Mexican food in a more upscale atmosphere while retaining Big Burrito which is fast food. In response to Board members questions, Mr. Ray advised the restaurants would share a kitchen but have a separate delivery point for liquor, he felt without being able to offer alcohol it would not be a viable restaurant and could not compete, but felt 75% of the business would be food and 25% would be alcohol, and he has a lease agreement pending approval of the liquor license. There was concern expressed by Trustees Bushouse and Brown that the sale of liquor did not seem to be incidental to the operation. It was also noted the site plan was not drawn to scale and did not reflect the accurate area for seating, bar area, etc.

Motion by Culp, second by Worline to set a public hearing for June 11th on the liquor license application, contingent upon receiving an accurate site plan and copy of the pending lease. Carried.

FINAL APPROVAL OF A PLAT - THERESA PLAT

Planner Mary Lynn Bugge presented the Theresa Plat for final approval. She advised all criteria had been met.

Motion by Culp, second by Brown to grant final approval. Roll call vote showed Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes.

LOT DIVISON - FRIE & GIBBS

Planner Bugge presented a proposed lot split of the Frie & Gibbs Plat, Block 2, Lots 2 & 3 requested by Wayne Taylor. Ms. Bugge advised the proposed split would create 3 lots from each existing lot. She also advised the proposed lots meet width at building setback and area requirements, however, 3 of the proposed lots would require a variance from the 4 to 1 depth to width ratio. She further advised all lots would be accessed from Stadium Drive and the applicant was proposing shared driveways for 4 of the lots, limiting total curb cuts to four.

In response to Board members questions, Ms. Bugge advised the applicant has approval from the Kalamazoo County Road Commission for the proposed driveways and there has been much variation in sizes of lots created in the Frie & Gibbs Plat through lot splits.

Mr. Taylor advised he appreciated Ms. Bugge's helpfulness, commenting that he has worked with a lot of townships over the years and feels we have very good staff person; she responded very quickly to his questions and the timeliness is appreciated.

Motion by Worline, second by Culp to approve the lot split contingent upon the three non-conforming lots receiving a variance from the Zoning Board of Appeals for the width to depth ratio. Trustee Bushouse advised he would abstain from voting since he sits on the ZBA. Roll call vote showed Brown-yes, Bushouse-abstain, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes.

REQUEST TO PURCHASE RIGHT OF WAY

Charlene Howland, 9455 West L Avenue, presented a request to purchase a 66 foot right-of-way adjacent to their eastern property line. She advised they wished to combine it with their parcel but would need a variance for which they had appeared before the ZBA and were told the Township Board should consider any sale first. She also commented that Planner Mary Lynn Bugge had been very helpful.

There was discussion regarding past practice of requiring such easements or rights-of-way to accommodate future development. Further discussion resulted in it being unclear who actually owns the property; the recorded document indicates the Township owns an easement.

Motion by Everett, second by VanDyke to direct the attorney to research the matter. Carried.

OTHER BUSINESS

Trustee Worline commended the Fire Department on their performance at the fire in Village Square Apartments on Memorial Day. He also expressed appreciation to the six other departments for their initial aid.

He also advised the Fire Department has been named a "Safe Kids Champion" for the child safety seat inspection program and now has a certified child seat inspector.

He then read a letter from Assistant Chief George Sheets of the Kalamazoo Department of Public Safety thanking the Fire Department for their assistance with a fire on the Kalamazoo Mall recently. He further noted an editorial in the Kalamazoo Gazette praising the Township and City of Kalamazoo for their initial aid agreement.

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Supervisor VanDyke commented he hoped others would follow the fire departments lead and work together.

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