OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

September 27, 2005

The Oshtemo Township Board public comment session was held at the Township Hall. Supervisor VanDyke called the meeting to order at 6:00 p.m.

PRESENT: Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Dave Bushouse
Trustee Ted Corakis
Trustee Neil Sikora
Trustee Stan Rakowski

Also present was James Porter, Township Attorney, Marc Elliott, Township Engineer, Planning Director Jodi Stefforia, and Planner Mary Lynn Bugge.

Kalamazoo County Road Commission - Commissioners Dennis Berkebile, Jeff Maddox, and Reed Youngs and Managing Director Ron Reid were present for their annual visit with the Board. They advised future projects include North 6th Street from M-43 to H Avenue, and design work for reconfiguring Stadium and Parkview was in process. They advised PAR fund amounts for 2006 were currently uncertain.

Chairman Berkebile advised they were currently working on clarifying their winter maintenance policy, road design policies and a modified private road policy.

An information meeting for the North 6th Street project will be held at the Township Hall on October 20th at 7:30 p.m.

Supervisor VanDyke called the regular meeting to order at 7:00 p.m.

Also present were James Porter, Township Attorney, Marc Elliott, Township Engineer, Planning Director Jodi Stefforia, and Planner Mary Lynn Bugge and 4 interested people.

Motion by Sikora, second by Rakowski to approve the minutes of the September 13th regular meeting. Carried.

Income to the General and Fire Funds of $47,984.60 and disbursements of $151,167.95 were reported. Motion by Sikora, second by Corakis to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

None.

LIQUOR LICENSE APPLICATION - PIZZA HUT

Clerk Everett advised an application had been received for the Township's remaining available liquor license from Pizza Hut to be located in the 9th Street Shoppes at West Main and North 9th Street.

In response to questions from Board members, Brian Cronkrite, representing the applicant advised the restaurant would provide seating for 83 customers and a liquor license listed as in escrow at one of their other locations was a non-transferable license.

Trustee Bushouse commented he felt it would be in the best interest of the Township to wait for a larger operation, noting the Township had previously denied a request from a smaller use. Trustee Corakis concurred.

Clerk Everett noted the applicant was seeking a tavern license to sell beer and wine while the license available was a full Class C license.

There was discussion concerning why the Township would not have been issued additional tavern licenses as well as Class C. Clerk Everett will contact the Liquor Control Commission for clarification.

Motion by Corakis, second by Bushouse to deny the application for the liquor license. Carried.

STADIUM PARK WAY - CHANGE ORDER

Engineer Elliott presented a change order for the construction of Stadium Park Way in the amount of $24,578.00. He advised the order included field necessitated revisions which were made in progress and the construction costs directly related to the proposed acceptance of the direct discharge onto Township property of storm water runoff from the Harrison Packing property.

There was lengthy discussion regarding ownership of the settling basin; Planning Director Jodi Stefforia and Engineer Elliott have been negotiating with Harrison Packing concerning sharing in the cost. Attorney Porter recommended continuing these efforts as well as discussion with the Kalamazoo County Road Commission to relive the Township of the ownership of the settling basin.

Motion by Corakis, second by Rakowski to approve payment of the change order and continue negotiations with Harrison Packing and the Kalamazoo County Road Commission regarding ownership of the basin. Carried.

8TH STREET WATER PROJECT

Engineer Elliott advised five bids had been received for extension of water main on South 8th Street to connect the loop from south of Wal Mart to just north of KL Avenue. He recommended acceptance of the low bid from James Fulton & Sons, Inc. in the amount of $148,785.50; the project to be completed this year.

Trustee Bushouse advised the Sewer/Water Committee saw the opportunity to connect the loop, noting there is no required hook up or assessment until time of connection.

Marcia Husted, 501 South 8th Street, commented she was in favor of the project for the good of the Township.

Sheri Mohmand, advised she and her husband own vacant property on South 8th Street and they would not object as long as they were not assessed for the project.

Motion by Rakowski, second by Corakis to accept the bid.

Planning Director Stefforia advised she had received a proposed contract from the City of Kalamazoo indicating their cost to complete the project would be $110,000.00, but would not on their schedule until 2006.

Lengthy discussion ensued regarding waiting until 2006, potential development that may occur before next year and whether the price from the City of Kalamazoo included the necessary bleeder station and tree removal.

Trustee Rakowski withdrew his motion.

Treasurer Culp commented the balance in the water fund would be $129,000 after this project.

Motion by Corakis, second by Bushouse to direct the Supervisor to verify the contract price from the City of Kalamazoo, accepting their bid if the work can be completed this year, if not, accept the bid from James Fulton & Sons in the amount of $148,785.50. Carried with Culp voting no.

ELECTRICAL INSPECTOR CONTRACT RENEWAL

Supervisor VanDyke advised the contract with Art Earl for electrical inspections expired on September 1st. He noted the only change in the proposed one year renewal contract was a change in the name to Art Earl Electric LLC, rates would remain the same.

Motion by Culp, second by Rakowski to approve a one year contract with Art Earl Electric LLC for electrical inspections. Carried.

OTHER TOWNSHIP BUSINESS

GRANGE/FIRE HOUSE NO. 3/SAVANNAH PAVING PROJECTS

Engineer Elliott advised two bids had been received for the Grange/Fire House No. 3 paving, basketball court construction as recommended by the Park Committee at the Grange property, and paving the access drive to the Savannah pump station with installation of a locking entrance gate. He advised low bid was from Heystek & Sons, Inc. in the amount of $51,326.75.

Trustee Bushouse noted the Park Committee had worked with the Fire Chief on the Grange/Fire House No. 3 project and the parking lot paving would be funded from the Fire Fund and the basketball court from the Park Fund.

Motion by Bushouse, second by Rakowski to accept the bid from Heystek & Sons, Inc. in the amount of $51,326.75 for the projects as described. Carried.

H AVENUE CULVERTS

Engineer Elliott advised two bids were received to address aesthetic and convenience concerns raised by some residents along H Avenue after sewer construction, the resulting ditching claimed to have greater depth and steeper banks than what existed prior to the work. He advised the resulting ditching may be related to the effort to preserve trees. Supervisor VanDyke advised there are three driveways affected.

Motion by Culp, second by Rakowski to accept the bid from C.L. Moberly in the amount of $1,200.00 per driveway for installation of culvert extensions. Carried.

BOARD MEMBER COMMENTS

Supervisor VanDyke provided the Board with a copy of a proposed police protection agreement advising he and other supervisors would be meeting with the Sheriff on September 30th.

Mr. VanDyke commented he felt the sign ordinance should be changed to allow seasonal businesses to have off site signs, specifically VerHage Farms, who have been cited. Trustee Rakowski recalled the issue had come before the ZBA and the owner was going to request signs from the State of Michigan. Attorney Porter advised he had spoken with VerHage's attorney who advised they were not successful. Trustee Bushouse commented the number of seasonal operations in the Township must be considered and how this would affect the number of signs. Planner Mary Lynn Bugge provided information on the State of Michigan program that VerHage Farms could apply for.

Mr. VanDyke expressed concern that a choice had not been made concerning brick for the building addition which would result in winter construction costs if not completed in a timely manner. Trustee Bushouse advised the original brick contractor had withdrawn from the project but his understanding of the agreement with the general contractor is that the delay is his responsibility, not the Township's.

Trustee Bushouse commented he had been contacted by a local business with a three year old building told by Fire Department personnel they must change their door hardware. There was discussion this issue had been addressed in a previous similar situation.

Trustee Sikora advised the Board Appointment Committee has met and begun their review for 2006 board appointments to the Planning Commission, ZBA, Board of Review, and Building/Fire Code Board of Appeals.

Mr. Sikora advised the Park Committee had met regarding the 2006 park budget and requested clarification regarding the committee's role with the Drake House. There was discussion that while Trustee Rakowski was the Township Board liaison to the Oshtemo Historical Society, recommendations could be made by the Park Committee.

Trustee Rakowski commented the Building/Grounds Committee should examine some of the exterior doors to the building needing replacement. Trustee Bushouse advised Architect Terry Schley has been asked to provide a proposal for compiling a maintenance plan for all Township buildings.

Attorney Porter provided information regarding the applicable codes regarding the Grange Hall and Drake House addressing concerns regarding accessibility of the buildings.

Planner Bugge updated the Board on the possible logo medallions for the Parkview Bridge over US 131.

There was no further business and the meeting was adjourned at approximately 9:15 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor