April 11, 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.
Supervisor Ron Fleckenstein
Clerk Deb Everett
Treasurer Lois Brown
Trustee Norm Anderson
Trustee Marvin Block
Trustee Dave Bushouse
Trustee Fred Johnson
Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, and 3 interested people.
Motion made by Block, seconded by Johnson to approve the minutes of the March 28th meeting. Carried.
Income to the General Fund of $48,540.15 and disbursements of $74,318.81 were reported. Income to the Fire Fund of $5,753.64 and disbursements of $104,142.23 were reported. Motion made by Johnson, seconded by Block to acknowledge the receipts and pay the bills. Carried.
Kadir Mohmand, 6147 Old Log Trail, questioned why township owned property on Stadium Drive was sold for what he feels was less than fair market value. Supervisor Fleckenstein advised he would respond to Mr. Mohmand in writing.
INDUSTRIAL DEVELOPMENT DISTRICT-SOUTH 9TH & WEST N AVENUE
Supervisor Fleckenstein presented a request from Larry Hollenbeck representing Lageoc Ltd for the creation of an industrial development district at the Oshtemo Business Park located at South 9th Street and West N Avenue.
Mr. Hollenbeck commented that in bringing customers to any area, with current economic conditions and programs other communities offer in abatements and incentives, it is essential we keep up. He further stated the Township has been supportive and he feels the results are being seen as they come to the close of the first year of construction, and feels it is essential to offer what other communities do. He also indicated there are two companies now looking at this area.
In response to Board Members questions, Mr. Hollenbeck advised the business park currently consists of approximately 60 acres and the two companies expressing interest have employment levels of 90 and 110 employees.
In response to Board Member questions, Mr. Fleckenstein and Attorney Mason advised that any abatements would apply only to future construction, each new business would have to meet required criteria to receive an abatement, and must be approved by the State of Michigan.
Motion made by Johnson, seconded by Anderson to approve creation of the industrial development district. Roll call vote showed Anderson-yes, Block-yes, Brown-yes, Everett-yes, Bushouse-yes, Johnson-yes, Fleckenstein-yes.
QUAIL RUN ESTATES-LOTS 2, 3, 4, 5-CREATION OF CONDOMINIUM UNITS
Supervisor Fleckenstein presented a request from Mr. Terry Blodgett to allow each dwelling unit within the duplexes located on Lots 2, 3, 4 & 5 of Quail Run Estates, to become condominiums.
Mr. Blodgett was present and advised the Board these are platted lots and he had requests from people who would like to own one unit of the duplex and creating condominiums would accommodate this.
Attorney Mason advised although this is not a traditional lot split, under the Land Division Act, it does require Township Board approval along with a variance to create the condominium units. She further advised that since the sites are currently nonconforming, granting approval of the request would not render the lots either conforming nor any more nonconforming.
Trustee Anderson questioned if the Planning Commission should review the request prior to the Board acting and commented he would like their recommendation. Attorney Mason advised Township Board approval can be granted contingent upon Planning Commission approval; Planning Commission approval will be required for site plan review.
Mr. Blodgett advised that a condominium association would be formed which would own and be responsible for the land involved.
Trustee Bushouse expressed concern this could set a precedent allowing any duplex to become a condominium. Attorney Mason commented since this is already a nonconforming situation she felt a precedent would not be set, a similar request would not likely be granted if an existing site would be rendered nonconforming.
Motion made by Block, seconded by Johnson to approve the lot split and variance, subject to Planning Commission approval with a report of their review and action forwarded to the Township Board. Roll call vote showed Johnson-yes, Bushouse-no, Everett-yes, Brown-yes, Block-yes, Anderson-no, Fleckenstein-yes.
FLESHER FIELD - TREATMENT FOR GRUBS
Park Committee Chairman Johnson advised the Board of an infestation problem with grubs at Flesher Field. He further advised a proposal has been received from our lawn maintenance contractor, Hadaway & Sons, for treatment which includes rolling the lawn, thatching and raking, seeding, fertilizer and treatment of the grubs, total cost not to exceed $,4,500.
In response to a question from Trustee Anderson, Mr. Johnson advised the entire park would require treatment.
Trustee Bushouse presented information he had obtained regarding possible treatments, one being Milky Spore, which is a natural treatment with coverage lasting 7 to 20 years. He expressed concern regarding the number of children using the park and the liability of exposure.
Treasurer Brown advised she had made inquiries of MSU Extension regarding possible solutions; she was not advised about the Milky Spore.
Motion made by Johnson to approve the proposal from Hadaway & Sons.
Clerk Everett commented she felt it would be worthwhile to explore Mr. Bushouse=s suggestion and would prefer an alternative to using chemicals.
Mr. Johnson withdrew his motion.
The Park Committee will explore this alternative and the item will return on the April 25th agenda.
FIREWORKS PERMIT-10711 WEST KL AVENUE
Supervisor Fleckenstein presented a request from Donald Bierens for a fireworks permit for July 4th. Mr. Bierens has been granted a permit for the past several years. His application indicated the necessary insurance coverage.
Motion made by Anderson, supported by Brown to approve the permit. Carried.
BOARD MEMBER COMMENTS
Treasurer Brown advised the Economic Development Corporation Board had met the previous evening, elected Carl Benson, Chairman, George Fiala, Secretary and William Miller, Treasurer. She further advised the Board has some ideas they would like to explore. Other members of the Board include Mrs. Brown and Planning Director Jodi Stefforia.
Supervisor Fleckenstein reminded the Board of the Special Township Board meeting on Wednesday, April 13th to hear a presentation regarding a package sanitary sewer system proposed for a development.
Consumers Energy will be in the Township trimming trees beginning late April through mid June. Trees will be identified by red dots and we will be advised of the contractor doing the trimming.
There is a vacancy on the County Community Action Board seeking applications from elected officials.
There was no further business and the meeting was adjourned at 8:00 p.m.
DEBORAH L. EVERETT
Attested: RON FLECKENSTEIN
Township Clerk Supervisor
MINUTES OF THE SPECIAL MEETING HELD ON APRIL 12, 2000 FOLLOW
THE CHARTER TOWNSHIP OF OSHTEMO
Township Board Minutes
April 12, 2000
The Oshtemo Township Board held a special meeting at the Township Hall. The meeting was called to order by Supervisor Fleckenstein at 3:30 p.m.
Supervisor Ron Fleckenstein
Clerk Deb Everett
Treasurer Lois Brown
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson
Also present was Richard Reed, Township Attorney, Jodi Stefforia, Planning Director, MaryLynn Bugge, Planner and 13 interested people.
Supervisor Fleckenstein explained the purpose of the meeting was to hear a presentation regarding a community septic system being proposed for a development in the Township.
Mrs. Bugge introduced the following speakers:
Kevin Holdwick - Waste Management Division, MDEQ
Pat Krause - Human Services Department, Kalamazoo County
Harry Wierenga - LandTech, Inc.
Dana Wregglesworth - Focus Engineering & Surveying
Also in attendance were Tom and Cora Brown, Brandi Deaver and Charles Hill of the Dominion Group, Jeff Vos, Focus Engineering, Rom Vuddagiri, Prein & Newhof, Deb Werner and Jane Roth-Thomas, Human Services Department.
Mrs. Bugge advised the Dominion Group is proposing an open space site condominium development on 60 acres on the north side of West H Avenue west of North 9th Street; it would consist of 71 single family homes and 17 duplexes. They are proposing to install a community septic system. Township approval is required since under State law the Township becomes responsible for operation and maintenance should the owner of the system fail to perform. In this case, the system would be owned by the developer until such time as it is assumed by the homeowners association of the development. Dominion Group has enlisted Focus Engineering to design, install and operate the system.
Mrs. Bugge further advised the Planning Commission has completed an initial review with no action taken regarding final site plan review. Dominion Group is requesting a determination of whether a community system would be supported by the Township Board before proceeding with final design of the development. Should the Township Board not be supportive of the concept, the developer has the option to redesign the development with individual septic systems.
Mr. Holdwick reviewed with the Board the MDEQ requirements for these types of systems. This particular system, proposed to generate over 10,000 gallons of wastewater per day, would fall under the jurisdiction of the State for permits and monitoring. The State would require a resolution from Township agreeing to assume responsibility of the system should the developers/owners default. Mr. Holdwick advised he would encourage this type of system in a cluster housing development because it provides better treatment of wastewater.
Mr. Krause commended the Board and developer for considering this proposal and advised this concept was introduced to a group of developers two years ago by his department. He further stated his department encourages this type of development because it provides better treatment of wastewater, topography does not have to be altered, and it can have an impact on curbing sprawl since developments can be made smaller by not having to accommodate lot size requirements necessary for individual septic systems. He also stated his department is willing to work with the Township, MDEQ and developer to assist with this project.
Mr. Wierenga thanked the Board for their willingness to consider the proposal and complimented the Planning Department for their assistance. He advised the developer is proposing an open space community and by that nature proposing to make it a kind of environmental project, in other ways than sewage treatment. He further advised although individual septic systems would actually allow more lots than proposed the developer is interested in pursuing the community system, and while future availability to public sanitary sewer not likely one benefit of the proposed system is that if public sewer becomes available, the system would be connected without impact to the development. He further stated the developer is willing to establish an assessment district to provide funds necessary should the developer or project default and an assessment district could also be established to insure participation in a future public system. Mr. Wierenga further indicated that initially, testing of the system would be weekly and the system is linked to a computer which notifies the operator of any kind of failure. He advised they feel this an ideal site, the soil has been checked, there is good access to aquifers, good gravel content and they are confident this system will work.
Mr. Wregglesworth advised the first system of this type in Michigan was installed in 1992 at a site in Oakland County and one of four installers he is familiar with has over 700 installations throughout the country; the oldest system he is familiar with is a 60,000 gallons per day, in Oregon, installed in 1979. He reviewed for the Board the technical details of the system, which includes treatment of the wastewater four times before being released to the drain field, resulting in cleaner wastewater.
Board member concerns included reviewing a history of such systems and their performance and/or failure record, contingencies for mechanical failures, Township liability for a system in case of default of the owners, concern this type of system would become a deterrent to demand for public sewer, concerns neighbors might have, and would this encourage more development where the Master Land Use Plan encourages low density.
It was noted by Mrs. Bugge that all property owners with 300 feet of this proposed development were noticed of this meeting and development could currently occur in any agricultural or residentially zoned areas with traditional on site septic systems.
Attorney Reed advised the reputation for these types of systems is very good, and they do provide considerable flexibility. He reminded the Board that we are at near capacity with the City of Kalamazoo on wastewater levels and will be negotiating for additional capacity. He further stated there are areas of the Township where this type of system would be appropriate; where no present sewer line exists and is not anticipated in the near future. If the Board chooses to approve the concept his recommendation would be to establish a procedure whereby the Township Engineer is required to review all systems to insure they function as promised, direct the Township Attorney to prepare documentation requiring the developer and homeowner association responsible for maintenance, allow that the Township Engineer has periodic opportunity for inspection, allow for the creation of a special assessment district to raise funds necessary to assume control if required and require that if public sewer is constructed, the developer would agree to assume its share of the indirect costs involved.
Engineer Snell asked for clarification on several technical aspects of the system and commented he felt this is a good concept.
Motion made by Everett, seconded by Bushouse to support the community septic system concept, direct the Township Engineer to review the system and prepare a report, direct the Township Attorney and Engineer to prepare the appropriate agreement between the Township and developer, and request the developer or representative provide a history of current systems in place and their performance records. Trustee Bushouse requested the addresses of sites listed in the information presented. Carried.
Trustee Bushouse further requested the Planning Department advise what they feel the ultimate impact of these type of systems will have on extending public sewer in the Township.
There was no further business and the meeting was adjourned at 5:10 p.m.
DEBORAH L. EVERETT
Township Clerk Supervisor