TEXAS TOWNSHIP BOARD MEETING AUGUST 11, 2008

CALL TO ORDER / PLEDGE OF ALLEGIANCE

Supervisor Commissaris called the meeting to order at 7:00 p.m. inviting all to join in the Pledge of Allegiance.

ROLL CALL

Supervisor Commissaris in absence of the Clerk called the roll. The following Board members were present: Trustee Steven Bosch, Trustee Donald Boven, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, and Supervisor Ron Commissaris. The Township Clerk was not present due to a scheduled vacation. Also present was Attorney Roxanne Seeber, Engineer Tom Wheat and approximately 14 other interested persons.

CITIZEN’S COMMENTS ON NON-AGENDA ITEMS

Mr. Marc Goodwin, 6709 Texas Drive, inquired as to whether the public was invited to the joint Planning Commission and Township Board meeting at which the recreational vehicle parking provisions were to be discussed.

Supervisor Commissaris indicated that the meeting was to commence at approximately 5:00 and the public was certainly invited to attend.

ADOPTION OF AGENDA

On motion by Bosch, seconded by Boven and unanimous voice vote the Agenda was adopted.

GENERAL CONSENT AGENDA

Motion by Boven, seconded by Hoogendyk to adopt the General Consent Agenda as submitted, including the minutes of the July 28, 2008 Township Board Meeting, bills for $58,312.43, bills paid prior to the Board meeting for $8,395.21, August 5, 2008 Precinct Inspector’s pay of $7,060.00, cash report and a building department report. Upon unanimous voice vote, the General Consent Agenda was adopted.

LAND DIVISIONS/ZONING PERMITS/BOARD/COMMITTEE RECOMMENDATIONS

Supervisor Commissaris indicated that there were no items submitted and no announcements to be made with respect to these items.

BUSINESS

Kevin Suhr of 8656 West R Avenue within the Township requested a variance from the 300-foot separation distance requirement contained in the Outdoor Furnace Ordinance (Ordinance No. 259, as amended). He indicated that all houses in the general vicinity of his were set far back off the road but that the prevailing winds did not allow for the placement of his outdoor furnace in a conforming location. Mr. Suhr presented the written approval of his neighbors and said that due to the unique topography of his lot it was not possible to meet the chimney (stack) height requirement.

Mr. Boven indicated that he had been to the property and that he could not see the outdoor furnace from the road at all. Mr. Boven would have approved a variance as to the 300-foot limitation due to the unique topography of the lot; however, he also voiced a desire to consider a variance from the stack height minimum.

Mr. Suhr indicated that his manufacturer would make no recommendation with respect to the addition of another 48” on the stack to make his chimney height conforming to the Ordinance requirements. However, he did indicate that adding the additional stack height would place his chimney approximately 12 feet above the grade.

Mr. Cutting indicated that he had no desire to go against the manufacturer’s design or recommendations with respect to stack height; however, the Ordinance as written did not have a variance authorization as to stack height. Mr. Suhr indicated that it was his desire to heat his home with the outdoor furnace as he has been doing in the past. Mr. Boven inquired as to whether a variance could be granted and then revoked if neighbors complained.

Mr. Bosch indicated that the elevation of the adjacent house was nearly 15 feet higher than the stack height on Mr. Suhr’s installed outdoor furnace. He noted that Mr. Suhr had the agreement of all his neighbors on both sides and across the street from his house.

Mr. Bosch felt that granting the variance on the 300-foot limitation would be no problem. He inquired as to whether the Ordinance could be amended so as to provide a variance provision as to stack height in certain circumstances.

An audience member indicated that he did not want an excess stack height on his neighbor’s outdoor furnace; that the design of Mr. Suhr’s furnace was such that it would run more cleanly and efficiently with a lower stack height.

Mr. Boven indicated that the outdoor furnace had been placed in the front yard in violation of the Zoning Ordinance’s setbacks.

Mr. Bosch inquired as to whether an appeal on such a request could be handled by the Township Board as opposed to the Zoning Board of Appeals. Mr. Suhr indicated that he had been to the Zoning Board of Appeals on several occasions and that the outdoor furnace had not been a consideration at any time.

The Township Attorney inquired of Mr. Bosch as to whether the outdoor furnace constituted a structure in accordance with the Township Zoning Ordinance and Mr. Bosch indicated that it probably did. She commented that a way to resolve this situation was to eliminate outdoor furnaces from the definition of structures contained within the Township Zoning Ordinance.

Mr. Boven commented that he had received no complaints with respect to this particular outdoor furnace. He inquired as to whether there was any provision within the Ordinance by which an outdoor furnace permit could be revoked if too many complaints had been lodged by neighbors.

Mr. Dave Healy commented that the nuisance portions of the Ordinance had been eliminated. The Township Attorney indicated that the Ordinance could be amended so as to indicate that violation of a condition of a variance constituted a violation of the Ordinance and that it could be enforced in that manner.

Motion by Bosch, support by Commissaris, to table the request pending amendment to the Outdoor Furnace Ordinance to provide a variance for stack height in certain situations. Upon unanimous voice vote, the motion passed.

Final Plat Approval for Autumn Woods #3

Township Engineer Tom Wheat provided a memorandum respecting final approval for Autumn Woods No. 3. Referring to his memorandum, Mr. Wheat commented that all the monuments had been in place and no surety was therefore required. Furthermore, public water had been installed and was available for connection. A pump station that had initially intended to be used temporarily was now incorporated into the city system and would be a permanently used station. Mr. Wheat suggested that as a condition of approval a $30,000 surety bond would be required to insure the installation of an on-site standby generator in this location.

Neither the Kalamazoo County Road Commission nor the Kalamazoo County Drain Commission Office had yet approved the final plat; however, Mr. Wheat indicated that the Township Board could approve the plat. He recommended that signature on the plat not take place until after approval by these two county offices.

Mr. Robert Haveman, plat proprietor, of 8065 Olive Shore Drive, West Olive, Michigan 49460 commented that it would be difficult to ensure that the sidewalks were in place in the plat within two years. He stated that the sidewalk deferment policy had been adopted by the Texas Township Board subsequent to his initial approval on this plat. He was willing to ensure that at the time of an occupancy permit for a house constructed on a particular lot the sidewalk would be installed. However, he was unable to insure that the lots would be sold or houses constructed thereon within two years, let alone that sidewalks would be completed within that time frame.

In response to an inquiry from Mr. Bosch, Mr. Wheat indicated that it was the Township Board’s policy that all sidewalks would be in place within two years. In response to an inquiry from Mr. Boven, Mr. Wheat indicated that there was no sidewalk deferment policy at the time the initial plat approvals were made.

Mr. Haveman then indicated that he was willing to make a surety deposit if that was required, but he was unwilling to commit to the two-year time frame given the current housing market.

Mr. Bosch suggested that since this was a plat that had been under temporary approval during the transitional period for the sidewalk deferment policy, adding an additional year to the sidewalk requirement should be considered.

In response to an inquiry from Mr. Boven, Mr. Haveman indicated that he would be willing to return to the Township Board and request an extension if the sidewalk were not in place within two years.

Ms. Neubauer suggested that the two-year period remain in place with extensions authorized at the discretion of the Township Board and that such condition be noted in the approval of the plat. Mr. Wheat also commented that the applicant should be reminded to commence the procedure to abandon Maple Hollow Drive. The Township Attorney commented that the title work had been completed and was in proper order.

On motion of Cutting, support by Bosch, and unanimous voice vote, the Township Board grantedfinal approval of the final plat of Autumn Woods No. 3, subject to the receipt of the surety for the generator and the sidewalks with a two-year limitation on installation of sidewalks extendable at the discretion of the Township Board. Approval was furthermore conditioned on the stipulation that the Township sign the final plat mylars after receipt of the sureties and after the Kalamazoo County Road Commission and the Kalamazoo County Drain Commission have signed the same.

Set Date for Leaf Drop Off

Leaf drop-off dates for Fall 2008 are November 1 and 22. The recording secretary will convey that information to the staff.

In response to an inquiry from the audience, Supervisor Commissaris indicated that plastic bags were not allowed for leaf pick-up days and that the service was free.

Vineyard Avenue Abandonment

The Township Board received a resolution to abandon a portion of Vineyard Avenue from the Kalamazoo County Road Commission. Mr. Wheat indicated that the County Road Commission had resolved to abandon the property and indicated that it would be issuing a quit claim deed to Texas Charter Township with respect to this road end. The County Road Commission had reserved sewer and utility easements in the right-of-way. Mr. Wheat indicated that the Road Commission had not addressed the storm sewer issue. He furthermore indicated that there were no leads off the sewer line in Vineyard Avenue and that it would never be necessary for connection to any other location. He stated that the water main easement must be maintained and inquired as to whether the Board wished to retain a portion of the road for pedestrian access. He furthermore stated that the manholes should be plugged so that sand would not get into the sanitary sewer.

In response to an inquiry from Mr. Bosch, Mr. Wheat indicated that the road easement was 66-feet wide and that 20 feet of that would be necessary for the water easement. Mr. Wheat and the Township Attorney addressed questions relating to the process of road vacation and abandonment and the responsibility of the petitioners to amend or replat the subdivision.

The members of the Township Board and Mr. Wheat discussed the result of abandoning all but the north 20 feet of the road and the resulting land addition onto parcels 9 and 10, as well as driveway ingress and egress for Lot 9.

Motion by Boven, supported by Neubauer, and unanimous approval that it was the intention of the Township Board to resolve to abandon all except the northern 33 feet of Vineyard Avenue, which portion was to be preserved for pedestrian access, a bike path and public utility line easements, including sanitary sewer access, water and storm sewer access; incorporating the same for conditions contained in the Kalamazoo County Road Commission resolution of August 5, 2008, and additionally requiring the following:

• Plugging the sanitary manhole located on Vineyard Avenue.

2. Receipt of a quit claim deed from the Kalamazoo County Road Commission.

3. Request of the petitioners that a resolution be prepared for the same.

Storage of Grinder Pump

Treasurer Neubauer explained that a request had been received for a grinder pump for a property on Eagle Lake and that subsequent to the purchase of said pump, it was determined that the pump was to be placed on the secondary market and not used for the property for which it was ordered. She had obtained the minutes of the Board meeting of April 11, 1994, wherein the grinder pump policy was amended. Mr. Wheat stated that the special assessment district had incorporated the payment of a single grinder pump for those parcels that required it. However, there was never any intention to permit these pumps to be placed on the secondary market. Ms. Neubauer indicated that it takes six to eight weeks to receive a pump after ordering. Mr. Wheat stated that once a septic system fails waiting for six or eight weeks can be very difficult on the property owners. Mr. Boven stated that it would be possible to store the grinder pump within the park pavilion. Mr. Commissaris indicated that a property owner should be required to establish that the grinder pump was to be installed on the property for which it was ordered within 30 days. Mr. Wheat stated that the installation of a grinder pump would require the payment of a connection fee and a plumbing permit.

On motion of Mr. Commissaris, support by Mr. Cutting, to interpret the policy on grinder pumps to require installation of a pump onto the property for which it was ordered within 30 days and subject to the receipt of a connection fee and plumbing permit establishing the same. The motion passed unanimously.

Firefighter Promotions

Andy Greis – Firefighter II

Mark Williams – Equipment Operator

On motion of Boven, support by Hoogendyk, and unanimous approval, the following firefighter promotions were made at the recommendation of the Acting Chief: Andy Greis – Firefighter II; Mark Williams – Equipment Operator.

Bids for Vehicle – Building Department

Supervisor Commissaris had provided information and quotes respecting the purchase of a new Chevy Trail Blazer for the Building Department. In response to an inquiry from the Ms. Hoogendyk, Mr. Commissaris indicated that 4-wheel drive was necessary to allow the building official to access building sites. In response to an inquiry from Mr. Boven, Supervisor Commissaris indicated that the average mileage for the building official and electrical inspector was 1,000 per month. Mr. Boven commented that the existing vehicles were not used enough to justify the purchase of a new one for the building official and electrical inspector. Mr. Bosch felt the expenditure was not justified at this point. Mr. Cutting moved to table the request until after an ordinance enforcement officer could be hired and data obtained respecting insurance cost, mileage and use for the new vehicle. Mr. Bosch was not in favor of tabling the request. Mr. Boven supported the motion to table. The motion failed by a tie vote. Mr. Boven, Cutting and Commissaris voting in favor; Ms. Hoogendyk, Ms. Neubauer and Mr. Bosch voting against.

Closed Session to Discuss Purchase of Property

On motion of Commissaris, support by Cutting, and unanimous approval, the Board voted to go into closed session to discuss the purchase of property.

The Board reconvened at approximately 9:10 at which time Mr. Bosch moved that the Board offer appraised value, plus 10%, with negotiable terms for the property. Support was offered by Mr. Boven and the motion was unanimously approved.

BOARD MEMBER COMMENTS

Mr. Boven indicated that he wished the aprons on three driveways on Texas Drive had been paved at the same time the bicycle path had been installed.

Mr. Cutting inquired as to whether the Township could employ a traffic officer. The Township Attorney indicated that it was possible to employ a traffic officer and that she would convey some research she had previously done on the question to Mr. Cutting electronically.

Mr. Cutting submitted the name of Donna Meclerkan to be on the farmer’s market committee. All members of the Board indicated a desire to also be included on the farmer’s market committee.

ADJOURNMENT

On motion of Mr. Bosch, support by Mr. Commissaris, the meeting was adjourned at approximately 9:20 p.m.

Submitted: Approved:

Linda M. Kerr, CMC MPA

Attested: Supervisor Ronald E. Commissaris