THE CHARTER TOWNSHIP OF OSHTEMO

TOWNSHIP BOARD MINUTES

October 28, 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
Treasurer Lois Brown
Trustee Norman Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

Also present was Richard Reed, 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 4, as prepared. Carried.

Income to the General Fund of $2,417.69 and disbursements of $79,648.91 were reported. Fire Fund income was $4,861.68 with disbursements of $46,685.95. Motion made by Block, seconded by Brown to approve the report and pay the bills. Carried.

CITIZENS COMMENTS

NONE

EAGLE SCOUT PROJECT - TOWNSHIP PARK

Micah Lillrose was present to explain his proposed Eagle Scout project. He designed to plan to install 50 steps down a steep hill in the Oshtemo Township Park. Two options for material were provided; railroad ties for $550.00 or landscape timbers for $877.05. The Park Committee had recommended the use of the railroad ties, however, during the discussion, it was suggested the timbers would be easier to work with and less of a danger to the environment. Motion made by Branch, seconded by Johnson to approve the project and authorize the purchase of the landscape timbers and re-rod, for $877.05. Carried.

COMMUNICATION TOWERS

An ordinance regulating communication towers was presented for First Reading. There was a question about State Police radio towers and Attorney Reed stated they would override our ordinance. Motion made by Block, seconded by Johnson to accept it for First Reading and set the Second Reading for November 4. Carried.

NEIGHBORHOOD COMMERCIAL DISTRICTS

An ordinance establishing Neighborhood Commercial Overlay Districts was presented for First Reading. Trustee Anderson stated he would vote "no" because he felt the neighbors should have input or some control of what was allow near them.

Treasurer Brown felt it was not fair to have different uses for the eastern and western portions of the township. She liked the concept but felt there should be one district.

Motion made by Block, seconded by Branch to accept it for First Reading and set the Second Reading for November 4. Motion was defeated 4 to 3, with Anderson, Brown, Bushouse and Johnson voting "no".

A motion was then made by Brown, seconded by Bushouse to return the matter to the Planning Commission because of the inequalities between the east and west.

Wilfred Dennie, Chair of the Planning Commission was present and offered an explanation of their discussion regarding the two districts and the permitted uses. He made reference to page 78 in the Master Land Use Plan. He also explained the process used to provide the public an opportunity for input.

After a lengthy discussion, an additional line was added to the motion. It read, "and ask the Planning Commission to provide, in detail, what the process is for public input". The motion carried 4 to 3, with Branch, Block and Fleckenstein voting "no".

 

I-R TEXT AMENDMENT

Dick Schramm, 2001 South 4th, reviewed the history of his attempt to use his property for offices and he urged the Board to help him with this problem. He applied for a text amendment which would add the following to the permitted uses in the I-R District:

Offices and office buildings; wholesale sales of services and merchandise; central facilities for retail sales of services and merchandise; limited on-site retail sales of services and merchandise as a secondary use (primary use shall be another permitted use or a combination of other permitted uses).

Mr. Schramm provided the Board with several handouts including copies of letters to the Planning Commission and a copy of Comstock Township's Restricted Industrial District.

Wilfred Dennie reviewed the Planning Commission's actions related to Mr. Schramm"s requests. They felt they could support an "industrial-office park" but were not in favor of "pure office" use in the industrial districts. They further, were could not support retail uses in these districts.

After much discussion, a motion was made by Block, seconded by Branch to accept the Planning Commission=s recommendation to deny the text amendment. Carried 6 - 1 with Bushouse voting "no".

 

LAND DIVISION ORDINANCE AMENDMENT

This item had been tabled from the October 14th meeting in order to obtain the latest draft of the Land Division Ordinance amendment and the application form. It was pointed out that it was clearly shown that a Kalamazoo County Health Department evaluation for water and septic systems is optional.

There were no further concerns and a motion was made by Brown, seconded by Anderson to set the First Reading for November 4. Carried.

1997 UNIFORM BUILDING CODE

Motion made by Anderson, seconded by Block to accept the ordinance, adopting the 1997 Uniform Building Code, for First Reading and set the Second Reading for November 4. Carried.

 

1997 UNIFORM MECHANICAL CODE

Motion made by Anderson, seconded by Branch to accept the ordinance, adopting the 1997 Uniform Mechanical Code, for First Reading and set the Second Reading for November 4. Carried.

 

1997 FIRE CODE

Motion made by Brown, seconded by Johnson to accept the ordinance, adopting the 1997 Fire Code, for First Reading and set the Second Reading for November 4. She further thanked Fire Chief Howe for the overview of the new code. Carried.

NOTE: ON WEDNESDAY, OCTOBER 29, ATTORNEY REED ADVISED THE CLERK THAT WE COULD NOT MEET THE PUBLICATION DEADLINE FOR THE SECOND READING TO BE HELD ON NOVEMBER 4. THEY WILL HAVE TO BE HELD ON NOVEMBER 25.

 

ROAD COMMITTEE RECOMMENDATION - SOUTH 1st STREET

Clerk Branch reported that the Road Committee was unsuccessful in obtaining a petition for the overlay project on West ML Avenue. As earlier identified, South 1st Street was the backup project.

A resolution was presented that would ask the Kalamazoo County Road Commission to begin the process for a special assessment district for an overlay of South 1st from the Township line north to West M Avenue.

Motion made by Branch, seconded by Anderson to adopt the resolution for the South 1st project. Roll call showed: Branch - yes Anderson - yes Johnson - yes Bushouse - yes Block - yes Brown - yes Fleckenstein - yes

It was pointed out that KCRC will be contacting Texas Township regarding the short portion of the road that runs from our boundary to Stadium Drive. It would be nice to have the full length of the road repaved to Stadium.

CABLEVISION - TOLLING ORDER

Cablevision of Michigan had submitted their annual Form 1240, which is used to justify their basic service and equipment rates. The form was reviewed by Siegfried, Crandall, Vos & Lewis. It was determined additional information will be needed, which will require more than the 30 days allowed to review and respond.

A resolution was provided to toll the 30 day. This would extend the deadline to January 1, 1998.

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

 

There was no further business and the meeting adjourned at 9:10 p.m.