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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

September 26, 2000

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 Deb Everett
Treasurer Lois Brown
Trustee Norm Anderson
Trustee Marvin Block
Trustee Dave Bushouse
Trustee Fred Johnson

Also present was Richard Reed, Township Attorney, Marc Elliott, Township Engineer, Mary Lynn Bugge, Planner, Mechanical Inspector Scott Paddock, and 18 interested people.

Motion made by Anderson, seconded by Johnson, to approve the minutes of the September 12th meeting. Carried.

Income to the General Fund of $9,667.34 and disbursements of $59,784.77 were reported. Fire Fund income was $35.50 with disbursements of $30,959.13. Motion made by Johnson, seconded by Anderson to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

Kadir Mohmand, 6147 Old Log Trail, inquired if Richard Reed or his law firm is helping Supervisor Fleckenstein with his campaign and does he plan to use township office space, equipment or supplies for his campaign. Mr. Fleckenstein advised he would respond in writing.

Lorraine McIntosh, 6803 Dollar Court, President of the Good Neighbor Association at Clayton Estates, commented to Trustee Johnson that his requests to have Mr. Fleckenstein invited to speak to their association will not be granted and asked that he stop contacting people in the park.

SIGN ORDINANCE

The Planning Commission recommendation on the proposed sign ordinance was before the Board for First Reading.

Ed Annen, 350 South Burdick, attorney for the Seelye-Wright Group, urged the Board not to adopt the ordinance or at least amend it so that balloons would be allowed since the auto dealers feel this is a vital marketing tool. He also commented the ordinance is over restrictive. He further commented that he had requested a meeting with Planning Director Jodi Stefforia, which Bill DeNooyer also attended. He felt Ms. Stefforia was not open to an exchange of dialogue.

Mr. Annen exited the meeting.

Planning Commission member Neil Sikora was present and commented that he wondered who Mr. Annen was representing as Bill and Jeff DeNooyer were in attendance at the Planning Commission meeting and when asked about balloons indicated they didn't use and don't need them as their franchise does not allow them. He further commented that he is concerned that someone purporting to represent a group is presenting a completely different opinion than offered by the representatives who did attend the Planning Commission meeting.

Kadir Mohmand inquired if all the businesses were invited to the meeting or just certain big business people.

Ms. Bugge commented the meeting between Ms. Stefforia, Mr. Annen and Mr. DeNooyer was at the request of Mr. Annen. Anyone can contact the Planning Department and request a meeting. These would not be considered public meetings, because they are at the customer's request. All public hearings are open to the public and are noticed and there had been ample opportunity over at least the past year for public comment on the sign ordinance. It was further noted that balloons are allowed; latex balloons 17" and smaller and balloon signs as special event signs. It was unclear why Mr. Annen was under the impression they are not allowed

Motion made by Anderson, seconded by Everett to set the proposed ordinance for Second Reading on October 10th. Carried. .

REZONING REQUEST - SOUTH 11TH ST - SECTION 25 - R-2 TO C

The Planning Commission recommendation to approve the rezoning of 1.2 acres of the former AT&T right-of-way in Section 25 from R-2 to C was before the Board for Second Reading.

Motion made by Everett, seconded by Anderson to accept the recommendation and approve the rezoning. Roll call vote showed Bushouse-yes, Johnson-yes, Anderson-yes, Everett-yes, Fleckenstein-yes.

REZONING REQUEST - STADIUM DRIVE - SECTIONS 34 & 35 - AG TO C

The Planning Commission recommendation to approve the rezoning of the rear acreage of five parcels on the south side Stadium Drive west of 8th Street, from AG-Rural to C was before the Board for Second Reading.

Motion made by Anderson, seconded by Everett to accept the recommendation and approve the rezoning. Roll call vote showed Anderson-yes, Bushouse-yes, Johnson-yes, Everett-yes, Fleckenstein-yes.

Motion made by Anderson, seconded by Everett to adopt the resolution amending the Master Land Use Plan from AG to C. Roll call vote showed Johnson-yes, Bushouse-yes, Everett-yes, Anderson-yes, Fleckenstein-yes.

WEST PORT TRAILS #1 - FINAL PLAT APPROVAL

The request for final plat approval for West Port Trails #1 was before the Board. Ms. Bugge advised the necessary approvals had been received the various agencies involved and surety checks have been provided for monument placement and final approval from the Kalamazoo County Road Commission.

Motion made by Johnson, seconded by Anderson to grant final plat approval and authorize the Clerk to sign the Mylar. Roll call vote showed Anderson-yes, Everett-yes, Bushouse-yes, Johnson-yes, Fleckenstein-yes.

REPLACE HVAC UNIT - STATION #1

A request from Chief Ken Howe was presented for replacement of the Heating, Ventilation and Air Conditioning (HVAC) unit that supplies Station #1.

Mr. Paddock advised the current system was originally installed in the early 1970's as a secondary unit to the boiler system which is no longer in place. Repairs have been necessary several times and the unit is in need of repair again.

In response to questions from Trustee Bushouse, Mr. Paddock advised that ceiling tiles would not require replacement, no new runs are being installed; he is not aware of any overall remodel taking place but the new unit would be sufficient should changes be made in the configuration of the area.

Three bids were sought -
       Kalamazoo Heating             $5,986.00
       A-1 Refrigeration`               $5,990.00
       Suburban Mechanical       $10,735.00

Motion made by Anderson, seconded by Johnson to award the bid to Kalamazoo Heating in the amount of $5,986.00. Carried.

ADDITIONAL ROAD PROJECTS

Road Committee Member Everett presented information from the Road Committee regarding additional PAR funds available for this year due to projects coming in under bid. Their recommendation is to add two microseal projects that were originally on the list of 2000 projects but removed to accommodate overlay projects done. There are funds to complete the plats of Greystone, Forest Creek and the older section of Springwood Hills. It was noted that the portion of Springwood Hills being considered was scheduled in 1999 but halted due to the water project.

Since these projects were part of the original list for 2000 and the total funds had been approved, Board action is to confirm the addition of the projects for this year. Due to a Road Commission deadline, Clerk Everett conducted a phone poll of Board members. Six board members agreed; Trustee Block was out of town.

Motion made by Everett, seconded by Anderson to approve the additional road projects. Carried.

LIQUOR LICENSE FEE WAIVER

A request from the Liquor Control Commission asking that the Township pass a resolution waiving the "returnable fee" which is payable by the State of Michigan to the Kalamazoo County Sheriffs Department for the year 2000. This fee is customarily used by the Sheriffs Department for the enforcement of Liquor Control Commission regulations.

Transfer of the license will not be completed until late 2000 or early 2001 therefore the fee is appropriate for 2000 and the request to waive the fee is for the year 2000 only.

In response to questions from Trustee Bushouse, Scott Hess, the developer of proposed restaurant, advised the license is from the City of Kalamazoo which was used for the Kalamazoo Kodiaks; he is proposing a restaurant in the former Haas Hardware space; other developments he has done are Lodo's in Portage and Zeb's in Texas Township.

Trustee Bushouse also asked if this would affect the number of licenses granted after the 2000 census figures are received. Supervisor Fleckenstein advised it is his understanding it would not. since this would be a transfer of a license from another community. Attorney Reed agreed and noted the item under consideration is waiver of the fee, not approval of the license itself and also noted the Liquor Commission can issue the license with or without our approval.

Motion made by Anderson, seconded by Everett to approve the request and adopt the resolution waiving the fee for 2000. Carried.

"AMERICA'S GAME WEEKEND" RESOLUTION

A resolution declaring the weekend of September 29th, 30th, and October 1st was presented for the Gus Macker tournament which will be held at Maple Hill Mall on those dates. It will be presented to a representative of the event.

Motion made by Everett, seconded by Johnson to adopt the resolution. Roll call vote showed Bushouse-yes, Johnson-yes, Anderson-yes, Everett-yes, Fleckenstein-yes.

ELECTRIC CHOICE PROGRAM

The invitation to join other municipalities in an electric choice program developed by Michigan Municipal Risk Management Authority (MMRMA) was back before the Board. The purpose of the program is to combine as many governmental units as possible to create electric energy purchasing power, which is permitted by Act 141 of 2000. The commitment at this time would be $100.00 to initiate a survey of our use, cost and projected savings.

Attorney Reed provided a description of the program and advised if the Board wished to move forward he would advise not signing the agreement but indicate that we are interested in investigating the feasibility of participating and are agreeing only to that at this time. Any agreement would be approved when information is available as to whether the program would be of any benefit to the Township.

Motion made by Anderson, seconded by Johnson to approve the expenditure of $100.00 to investigate the feasibility of participating in the Electric Choice Program. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse commented KL Avenue is in need of repair at the east end of the sewer installation. Engineer Snell advised the contractor had been contacted for repairs and they should be done this fall.

There was no further business and the meeting was adjourned at 8:05 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: RON FLECKENSTEIN
Supervisor