THE CHARTER TOWNSHIP OF OSHTEMO

Township Board Minutes

OCTOBER 14, 1997

 

The Oshtemo Township Board held its regular meeting at the Township Hall. The meeting was called to order by Supervisor Fleckenstein, at 7:00 p.m.

PRESENT:

Supervisor Ron Fleckenstein
Clerk Elaine Branch
Trustee Norman Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

ABSENT: Treasurer Lois Brown

Also present was James Porter, Township Attorney and Robert Snell, Township Engineer, along with 20 interested people.

The Pledge of Allegiance was recited.

Motion made by Johnson, seconded by Block to approve the minutes of the last meeting, September 23, as prepared. Carried.

Income to the General Fund of $24,504.58 and disbursements of 128,168.29 were reported. Fire Fund income was $4.00 with disbursements of $27,288.94. Motion made by Anderson, seconded by Johnson to approve the report and pay the bills. Carried.

CITIZENS COMMENTS

Richard Schramm, 2001 South 4th, inquired about his requested text change to allow offices in the Industrial Districts. The Planning Commission had completed their review and will recommend denial, however, he urged the Board to send it back for reconsideration.

He was advised that the matter should be ready for our October 28th meeting.

CUB SCOUT DEN 12

Supervisor Fleckenstein recognized and welcomed Cub Scout Den 12 from Mattawan Schools. They arrived early and had an opportunity to asked some questions of some Board Members and participated on the dais during the Pledge of Allegiance.

KALAMAZOO COUNTY ROAD COMMISSION

Ron Reid, Managing Director of the Kalamazoo County Road Commission was present along with Road Commissioners John Peter, Chair, Maggie Groggen, Vice Chair and Norm French.

Mr. Reid reviewed current road projects that were soon to be completed in our area and reported on some future projects. He confirmed that North 9th and West H between 9th and 10th has been approved for the primary road system and will no longer be the responsibility of the Township.

There was also an opportunity for Board Members to ask questions or make comments.

COMMUNICATION TOWERS

An ordinance regulating communication towers had been referred back to the Planning Commission, in June. They were asked to address questions concerning the impact of the proposed ordinance on residential towers and setback issues.

Wilfred Dennie, Chair of the Planning Commission was present to explain that a change had been made in the definition that would exclude customary residential uses. In addition, the section on Tower Setbacks was amended to read, A tower shall be located so that the setback from all property lines is equal to or greater than the height of the tower.

Motion was made to accept the ordinance for First Reading and set the Second Reading for October 28. Carried.

NEIGHBORHOOD COMMERCIAL DISTRICTS

The Planning Commission had also been asked to reconsider the language in the new Neighborhood Commercial Districts. Mr. Dennie reported that in response to a request to clarify the reference to public utilities, they substituted the words water and sanitary sewer for utilities.

They further had been asked why were there two districts and why were the permitted uses different? He reported that the Planning Commission felt that while the eastern portion of the township was more densely populated, the western area was still rural. They agreed with the statement that people in the western portion of the township have the same need for services, however, they do not want them in their Aback yard@. It was felt that people move to the rural area to be away from commercial development.

In addition, he explained that these overlay zones would be applied for in the same manor as a rezoning and it was felt that there could be a way to identify these areas on our maps.

It appeared to Trustee Bushouse that a property in the eastern side of the township that did not have sewer or water, would not be able to have a Neighborhood Commercial District. He was advised that they could have the permitted uses in Section 34.000 but not Section 33.000.

Ed Sharp from Country Club Village, spoke in opposition of the new districts. He could see no reason for these changes. The present zoning works and people can always ask for a PUD or variances if they want to. He felt we did not need another level of bureaucracy and that it would not serve the public interest.

Trustee Anderson was concerned about the availability of public input if one was proposed near their neighborhood. Mr. Dennie explained the process would be like a rezoning and would be noticed for a public hearing, etc.

Trustee Block stated that we should be proactive, not reactive, and establish this new zoning idea. He moved that we set the First Reading of the ordinance for October 28. Seconded by Branch and carried. 4 to 2, with Bushouse & Anderson voting "no".

LAND DIVISION ORDINANCE AMENDMENT

Supervisor Fleckenstein reviewed the Board's action in April of this year adopting an ordinance amending our Subdivision Control Ordinance and changing the name to Land Division Ordinance. The State Legislature amended the law (P.A. 87 of 1997), as a result of this action, we were advised to amend our ordinance.

Attorney James Porter reviewed the proposed ordinance amendment. He pointed out that the review and approval period had been changed from 30 days to 45 days. The other major change had to do with the need for MDEQ or Health Department approval of on-site sewage disposal.

Originally the law required a letter of approval prior to approval of a land division. Under P.A. 87, the property owner has the option to wait for the approval until such time as a building permit is sought.

The proposed amendment still included the letter in the list of documents to be submitted to the Township.(Section 290.302, G.) However, under Section 290.303, C. & D., the applicant was given the option to delay the test wells, etc. until a building permit was desired. It was explained that Section 290.302 was not changed because the property owner would be less likely to purchase a parcel and some time later discover it can not have a building permit, due to lack of Health Dept. approval. The land division approval would not be held up if the letter was not provided, however.

Clerk Branch felt we have an obligation to inform the property owner and they might not have a copy of the ordinance or even read it all. She felt the lanuage in the application was important and should spell out the options available.

There was some confusion because the Board had not received the latest draft of the amendment and had different text than Attorney Porter. At the Clerk's suggestion, the matter was tabled until October 28, in order to receive a corrected ordinance and copy of the application.

APPOINTMENT OF ORDINANCE ENFORCEMENT OFFICER

Supervisor Fleckenstein reported that three applicants were interviewed to fill the position of Ordinance Enforcement Officer. The decision was made to hire Scott Paddock for the position and he asked to Board for confirmation of that decision, effective October 13, 1997.

Motion made by Anderson, seconded by Johnson to approve the appointment of Scott Paddock as Ordinance Enforcement Officer, effective October 13, 1997. Carried.

PROPOSED AMENDMENT TO BUILDING PERMIT POLICY

A letter had been received from Attorney Leo P. Goddeyne, representing Robert and Marianne Denes of 9555 West KL Avenue. In the letter he related a problem with construction noise that has been ongoing since 1991.

He related that their neighbor is building a home by himself. This has resulted in construction noise from morning until sundown (almost 10:00 p.m. in the summer) His clients have suffered physically and emotionally from this noise and are forced to keep their windows shut. It prevents them from using their backyard or deck.

Mr. Goddeyne was present and offered the following solution to the problem: The original building permit would be issued for a two year period, in which time, the construction could occur from morning to sundown. If the project is not completed in two years, the permit could be renewed but would limit construction to the hours of 8:30 a.m. to 5:00 p.m. on weekdays only. No work would be permitted on weekends or holidays.

There was a lengthy discussion that included concern about the restriction this would place on others, concern about construction materials exposed to the weather for a long time and not meeting the codes, difficulties in enforcement and should the township legislate to solve neighbors personal problems.

After all was considered, motion made by Johnson, seconded by Block to deny the request for the proposed amendment. Carried.5 to 1 with Fleckenstein voting "no".

1997 UNIFORM BUILDING CODE

Township Building Official Bob Horton was present to review the changes in the 1997 Uniform Building Code. He explained that the code had been reformatted to be easier to read but that there were no major changes and none that would affect residential building.

It was further explained that the sections in our ordinance were unchanged, except to make reference to the 1997 Code instead of the 1994 Code.

Motion made by Branch, seconded by Anderson to set the ordinance for First Reading on October 28. Carried.

1997 UNIFORM MECHANICAL CODE

Mr. Horton explained that the main change in the Mechanical Code dealt with the Appendix, which was revised into Chapter 13. Motion made by Anderson, seconded by Johnson to set the First Reading for October 28. Carried.

1997 FIRE CODE

An ordinance adopting the 1997 Fire Code was presented for action. Fire Chief Ken Howe had provided the Board with a memo explaining that the ordinance has only one change, that being, the addition of a handbook listed in Section XXVII. The handbook will be useful in reviewing automatic sprinkler systems.

He went on to explain that the Code has several changes involving Hazardous Materials handling and storage. In addition, there were changes that will affect their Aday to day@ administrative operations.

Motion made by Block, seconded by Anderson to set the First Reading for October 28. Carried.

SNOW PLOW BIDS

The Township invited five contractors to bid on snow removal for the 1997-1998 season. Only one bid was received, that was from Hadaway & Sons, who provided this service last season.

The bid was up slightly from last year, except for the Library portion, which was a sizeable increase, due to the new facility. Motion made by Anderson, seconded by Johnson to approve the bid of Hadaway & Sons. Carried.

REPAIRS ON SNORKEL FIRE TRUCK

In another memo from Fire Chief Howe, he explained the recent repairs that were necessary on the snorkel fire truck #541. It had developed hydraulic leaks, which turned out to be serious and costly to repair.

The memo outlined the other repairs that were completed, which included, a headlight switch, fuel filters and replacement of mounting bolts. The total cost of the repairs was $9,606.40.

Motion made by Anderson, seconded by Block to approve the repairs and payment of the bill. Carried.

GRANGE HALL PARKING LOT

The Grange Hall is nearly ready to be made available from public rental. Three contractors were invited to bid on the construction of a new parking lot for the building. Once again, only one bid was received. It was from Heystek & Sons, Inc.

The cost for the complete job, which includes removal of a tree & fence, site preparation and asphalt, was $32,880.00. Motion made by Branch, seconded by Anderson to approve the bid of Heystek & Sons. Carried.

LANDFILL COST- SHARE GRANT RESOLUTION

Supervisor Fleckenstein reported that funds may be available to reimburse the Township for a portion of the past costs we have incurred related to the KL Avenue Landfill. A resolution stating we were not receiving any other reimbursement was needed to apply for a Municipal Landfill Cost-Share Grant. The amount of the reimbursement would be $10,937.50, which is 50% of our annual payment.

Motion made by Anderson, seconded by Branch to adopt the resolution. Roll call showed:
Anderson - yes Branch - yes Block - yes Bushouse - yes Johnson - yes Fleckenstein - yes

There was no further business and the meeting adjourned at 9:40 p.m.





 

 

 

 

 

 

 

 

The Oshtemo Township Board held its regular meeting at the Township Hall. The meeting was called to order by Supervisor Fleckenstein, at 7:00 p.m.

PRESENT:

Supervisor Ron Fleckenstein
Clerk Elaine Branch
Treasurer Lois Brown
Trustee Norman Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

Also present was James Porter, Township Attorney and Robert Snell, Township Engineer, along with 7 interested people.

The Pledge of Allegiance was recited.

Motion made by Block, seconded by Anderson to approve the minutes of the last meeting, September 9, as prepared. Carried.

Income to the General Fund of $10,363.65 and disbursements of $88,579.25 were reported. Fire Fund income was $1,138.75 with disbursements of $21,656.58. Motion made by Johnson, seconded by Anderson to approve the report and pay the bills. Carried.

CITIZENS COMMENTS

NONE

T.G.I. FRIDAY’S LIQUOR LICENSE

David Campbell, attorney for Great Lakes Dining, was present regarding the requested transfer of a Class C Liquor License from Carlos Murphy’s to their T.G.I. Friday’s restaurant. Randy Stuck, President of Great Lakes Dining was also present.

Their application appeared to be in order and a motion was made by Brown, seconded by Block to approve the transfer as requested. Roll call showed: Brown - yes Block - yes Johnson - yes Branch - yes Bushouse - yes Anderson - yes Fleckenstein - yes

PRAIRIE MANAGEMENT LIQUOR LICENSE

A request was received from Prairie Management to transfer a Class C Liquor License from escrow in the City of Kalamazoo. The license will be used by Prairie Management at the Elk’s Golf Course to serve the general public. The Elk’s Club license would be held in escrow for them.

Nelson Karre was present to answer questions regarding the request. There was a discussion, in response to a question from Clerk Branch, about the recent amendment to the Liquor Control law that would allow a Class C license to be transferred from another jurisdiction. The license would remain on the record as one allocated to the City of Kalamazoo, but transferred to Oshtemo Township.

It was explained that the license would include a Dance Permit, so that wedding receptions or parties could be held in the restaurant.

Motion made by Anderson, seconded by Johnson to approve the transfer requested. Roll call showed: Anderson - yes Johnson - yes Block - yes Brown - yes Bushouse - yes
Branch - yes Fleckenstein - yes

POLICE SPECIAL ASSESSMENT

A Public Hearing was held for the proposed 1998 special assessment levy of approximately $80,842 (2.5 mills) against the benefited property located in the Police Protection Special Assessment District. The district is located along W. Main Street between U.S. 131 and N. Drake Road and includes the commercial areas only. There was no increase proposed, just a renewal of the same millage.

There were no public comments. One letter in opposition was received and read. It was from the Plaza Corp Realty Advisors, Inc., owners of the West Century Center. (Copy filed in "Supplements to the Minutes")

Motion made by Anderson, seconded by Block to adopt the Police Protection resolution, approving the special assessment levy. Roll call showed: Anderson - yes Block - yes
Johnson - yes Bushouse - yes Branch - yes Brown - yes Fleckenstein - yes

FIRE SPECIAL ASSESSMENT

The Public Hearing on the township wide special assessment levy for Fire Protection, in the amount of $ 865,732 (2.5 mills), was held. The Supervisor explained that this millage would also be a renewal.

There were no comments or questions and a motion was made by Johnson, seconded by Anderson to adopt the resolution for Fire Protection Special Assessment. Roll call showed:
Johnson - yes Anderson - yes Branch - yes Brown - yes Block - yes Bushouse - yes Fleckenstein - yes

STREETLIGHT SPECIAL ASSESSMENT

The Supervisor then opened the Public Hearing on the Streetlight Special Assessment. The assessment levy will be .4 mills to those properties located within 300 feet of a streetlight.

No comments or questions were offered and a motion was made by Brown, seconded by Johnson to approve the .4 mills and adopt the Streetlighting resolution. Roll call showed:
Brown - yes Johnson - yes Anderson - yes Bushouse - yes Branch - yes
Block - yes Fleckenstein - yes

1998 TOWNSHIP BUDGET

The total budget for all township operations for 1998 was proposed to be $3,660,517. The General Fund operations will be approximately $1,952,502. The millage will remain at .9988 mills.

There were no public comments. The Clerk and Treasurer had concerns related to the salary levels of the three elected administrators. Treasurer Brown read a statement for the record, which in part included the following:

Therefore, our salary concerns are in two areas:

1. The inequity between the three administrators.

2. A (need for) mechanism to provide a step system with a cap on the top level.

(Copy filed in "Supplements to the Minutes")

A motion was then made by Anderson, seconded by Block to adopt the 1998 General Operations Budget Appropriations Act resolution. Roll call showed: Anderson - yes
Block - yes Johnson - yes Branch - yes Bushouse - yes Brown - yes Fleckenstein - yes

Motion made by Anderson, seconded by Johnson to adopt the resolution regarding routine expenditures and purchases. Roll call showed: Anderson - yes Johnson - yes Block - yes
Brown - yes Branch - yes Bushouse - yes Fleckenstein - yes

(Copies of all resolutions filed in "Supplements to the Minutes")

FRUIT BELT ELECTRIC FRANCHISE RENEWAL

An ordinance that grants the Fruit Belt Electric Cooperative a renewal of their irrevocable franchise, for thirty (30) years, was presented for Second Reading and adoption. The issue will be submitted to the voters in November of 1998, for their confirmation. It was explained that Fruit Belt Electric serves a small section of the township along South VanKal.

Motion made by Brown, seconded by Branch to approve the Franchise Agreement with Fruit Belt Electric and adopt the ordinance. Roll call showed: Brown - yes Branch - yes Johnson - yes Bushouse - yes Block - yes Anderson - yes F

1998 BOARD APPOINTMENT RECOMMENDATIONS

Trustee Block reported for the Board Appointment Committee on their recommendations for Board Appointments to fill vacancies in 1998.

PLANNING COMMISSION - 3 year term

Kenneth Heisig - reappointment
Wilfred Dennie - reappointment

ZONING BOARD OF APPEALS - 3 year term

Thomas Brodasky - reappointment

BUILDING/FIRE CODE BOARDS OF APPEALS - 3 year term

John Kalleward - new appointment

EDC BOARD - 6 year term

Louis Colemen III - new appointment

Motion made by Johnson, seconded by Block to approve the appoints as recommended. Carried.

OTHER BUSINESS

Treasurer Lois Brown was recognized for her achievement of receiving a renewal of her Certified Municipal Finance Administrator (CMFA) credential. She originally received the professional designation in 1987.

There was no further business and the meeting adjourned at 7:40 p.m.

 
ELAINE J. BRANCH, CMC Attested: RON FLECKENSTEIN
Township Clerk Supervisor