July 27, 2004

The Oshtemo Township Board held its work session at the Township Hall. The meeting was called to order at 5:00 p.m.

Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Ted Corakis
Trustee Stan Rakowski

Also present were Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, and Planning Director Jodi Stefforia.

North Drake Focus Study Area - Planner Stefforia presented a request from the Planning Commission for Township Board permission to pursue the proposed Master Land Use Plan amendment creating the North Drake Focus Study Area. She advised the area includes the rear acreage of the Mt. Everest Cemetery located in the City of Kalamazoo and the study was based on a previous rezoning request which brought to light the difference in the City's and Township's Master Land Use Plan designation for the area.

Motion by Culp, second by Rakowski to pursue the Master Land Use Plan amendment. Roll call showed Brown-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes.

Drain Commissioner Assessments - Discussion was held regarding the assessments placed on properties in the Township by the Drain Commissioner for maintenance of retention ponds in some plats. The discussion included the question of the legality of the proposed assessments and the manner in which they were brought forward. Consensus was the issue should be questioned.

Motion by Brown, second by Corakis to authorize the Township Attorney to write a letter to the Drain Commissioner notifying her of the Township's concerns regarding the legality of the assessments and unless the assessments are corrected, the intention to pursue legal action in circuit court with Kalamazoo and Comstock Townships. Carried.

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

Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Ted Corakis
Trustee Stan Rakowski

Also present were Patricia Mason, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Planning Director Jodi Stefforia and approximately 8 interested people.

Clerk Everett advised the minutes of the July 13th minutes item concerning the lot split in the Rose Arbor Plat should be corrected to read Lot 53. Motion by Brown, second by Corakis to approve the minutes of the July 27th meeting as corrected. Carried.

Income to the General and Fire Funds of $14,675.45 and disbursements of $133,403.46 were reported.

Motion by Rakowski, second by Brown to accept the receipts and disbursements report. Carried.


Jim Britvec, 5081 Beech Avenue, commented on the activity at the Sterling Univeristy Centre Apartments on Croyden Avenue and recalled during the site plan review process for the project there being discussion of on site security.

Jean Maile, CEO of Hospice, commented on the activity indicating that debris had been left on their property and car left parked on their property for several days. She further commented the atmosphere they attempt to provide at the hospice facility is being comprised.

Captain William Timmerman from the Kalamazoo County Sheriff's Department was present and advised they were well aware of the problem of a large number of people gathering at the complex on weekend nights and have responded to numerous incidents. He further advised he had met with the management of the complex to address the situation and would be scheduling extra officers for duty in the area for the next three consecutive weekends. His understanding from management was they will address to issues with their residents and were also seeking bids for hiring private security. He commented that at this point in time he felt the management was taking steps to address the issues.


An application from Marketing Technology Service, Inc. for Industrial Facilities Tax Exemption Certificate was before the Board for public hearing. The item had been tabled at the July 13th meeting. James Hanson, owner of the facility advised he is requesting a 10 year certificate on a new building and equipment.

It was noted policy adopted by the Township Board in 1993 allowed for consideration of up to 12 years exemption on real property and up to 6 years on personal property. Mr. Hanson advised due to the financial investment required for the technologically advanced equipment he was requesting a 10 year exemption on the personal property advising the life of the equipment is at least 25 years or longer. He requested the Township Board change the policy to allow the 10 year exemption.

Attorney Mason advised the Board could change the policy based on the life expectancy of the equipment. Trustee Brown commented while she supports Mr. Hanson's project one the purposes of granting the exemption is to allow creation of employment opportunities which in this case would not be realized due to the highly technical nature of the business.

Motion by Culp, second by Corakis to adopt the resolution granting a 10 year industrial facilities tax exemption for the real property and 10 years on the personal property for Marketing Technology Service Inc. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-no.


A Planning Commission recommendation for approval of a rezoning request for the southwest corner of Stadium Drive and Drake Road to CR Commercial Restricted from R5 Mobile Home Park was before the Board for Second Reading.

Motion by Culp, second by Everett to adopt the rezoning. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.


A recommendation from the Planning Commission to approve various text amendments that would incorporate definitions of family day care home, group day care home, hotel, motel, front yard, clarification of rear yard, an amendment to require a 20 foot side setback for certain special exception uses in the R-3 District, clarification regarding exterior modification in the Village Commercial District, a requirement for full cutoff building mounted light fixtures, accessory building review modification, and updates to the provisions of the Commercial Restricted - CR Zoning District that would define every use as a Special Exception Use was before the Board for Second Reading.

Motion by Everett, second by Culp to adopt the text amendments. Roll call showed Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes.


A request from DDA Chairman Tom Brodasky for the Township to extend to the DDA a line of credit equal to the anticipated first year revenue so they may begin the process of hiring a consultant to assist in prioritizing and establish the theme for future projects was discussed at the July 13th meeting with a consensus for approval.

Motion by Rakowski, second by Everett to adopt a resolution approving extending a line of credit equal to the anticipated first year revenue to the Downtown Development Authority. Roll call showed Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes, Culp-yes.


Sewer/Water Committee Recommendation - The committee presented a recommendation to approve payment of an invoice from the Kalamazoo County Road Commission for relocating a water line during the 2003 Stadium Drive project. Treasurer Culp advised the committee had met with Road Commission Managing Director Ron Reid and felt that in the interest of cooperation and future projects the invoice should be paid. Trustees Brown and Rakowski commented they would reluctantly support the request.

Motion by Brown, second by Culp to approve payment of the invoice in the amount of $95,683.35. Carried.

Contract for Electrical Inspector - The Personnel Committee presented proposed language for a contracted electrical inspector. Supervisor VanDyke and Building Official Bob Horton reviewed applications and were ready to make a recommendation; the proposed applicant requested some changes. Consensus was to retain the language as recommended by the Township Attorney. Motion by Rakowski, second by Corakis to approve the electrical inspector contract as provided by the Attorney. Carried.

Resolution Regarding Pension Plan Change - Attorney Mason advised the changes made to the pension plan allowing in service withdrawals at age 62 approved at the June 22nd meeting should have been approved by adopting a resolution.

Motion by Culp, second by Brown to adopt the resolution allowing in service withdrawals from the Township pension plan at age 62. Roll call showed Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes, Culp-yes, Everett-yes.

There was no further business and the meeting was adjourned at approximately 8:45 p.m.

Township Clerk

Attested: John VanDyke