Kentwood Committees & Boards
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Minutes for 03/17/2009

APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD MARCH 17, 2009
Commission Chambers

Mayor Pro-Tem Clanton called the meeting to order at 7:30 P.M.

Reverend Tom Meyer of St. Mark?s Lutheran Church gave the invocation.

Commissioner Cummings led the Pledge of Allegiance to the Flag.

Roll Call: Present: Commissioners: Sharon R. Brinks, Michael W. Brown, Robert Coughlin, Richard Clanton, Frank Cummings and Frank Raha III.

Motion by Cummings, supported by Coughlin, to excuse Mayor Root with prior notification.

Motion Carried.

Staff Present: Finance Director Tom Chase, Economic Development Planner Lisa Golder, City Treasurer Janet Hollinrake, Deputy Administrator Rich Houtteman, Assistant City Engineer Pat Hughes, City Clerk Dan Kasunic, Police Chief Rick Mattice, Assistant Planner Joe Pung, Fire Department Administrative Assistant Nancy Shane, City Attorney Jeffrey Sluggett, Public Works Director Ron Woods and Recreation Director Charlie Ziesemer.

Fifty (50) citizens and members of the news media attended the meeting.

Motion by Brinks, supported by Brown, to approve the agenda with the following addendum: 7(d) TCO #430 and move all other consent items down.

Motion Carried.

ACKNOWLEDGE VISITORS AND NON-AGENDA ITEMS:

Pat McDonald from the US Census Bureau distributed material and spoke on what to expect from this upcoming census.

CONSENT AGENDA:

Motion by Brinks, supported by Cummings, to approve the Consent Agenda as follows:
A. Receive and file minutes of the Parks & Recreation Commission held March 9, 2009.
B. Approve Traffic Control Order #428 to install a YIELD SIGN on Cedar Landing at its intersection with Timberlake Drive.
C. Approve Traffic Control Order #429 to install a STOP SIGN on Deavers Drive at its intersection with 60th Street.
D. Approve Traffic Control Order #430 to install a YIELD SIGN on Timberlake Drive at its intersection with Timberlake Court.
E. Approve Traffic Control Order #431 to install a STOP SIGN on Clear Pointe Drive at its intersection with 60th Street.
F. Approve Traffic Control Order # 432 to set the speed limit at 45 MPH and install the regulatory signs on Sparks Drive from East Paris Avenue to Forest Hill Ave.
G. Approve Traffic Control Order # 433 to set the speed limit at 45 MPH and install the regulatory signs on Forest Hill Ave. from Sparks Drive to Burton Street.
H. Approve Traffic Control Order # 434 to set the speed limit at 45 MPH and install the regulatory signs on Forest Hill Avenue from Burton Avenue to the southerly side of the I-96 overpass.
I. Approve Traffic Control Order # 435 to set the speed limit at 40 MPH and install the regulatory signs on Forest Hill Avenue between the southerly side of the I-96 overpass and Forest Lake Drive.
J. Approve Traffic Control Order # 436 to set the speed limit at 35 MPH and install the regulatory signs on Forest Hill Avenue between Forest Lake Drive and the south entrance drive to Meadow Brook Elementary School.
K. Approve Traffic Control Order # 437 to set the speed limit at 40 MPH and install the regulatory signs on Forest Hill Avenue between the south entrance drive to Meadow Brook Elementary School and the City Line.
L. Approve Traffic Control Order # 438 to set the speed limit at 45 MPH and install the regulatory signs on Shaffer Avenue between 44th Street and 32nd Street.
M. Approve Traffic Control Order # 439 to set the speed limit at 35 MPH and install the regulatory signs on Shaffer Avenue between 32nd Street and 29th Street.
N. Approve Traffic Control Order # 440 to set the speed limit at 35 MPH and install the regulatory signs on Shaffer Avenue between 29th Street and 28th Street.
O. Approve Traffic Control Order # 441 to set the speed limit at 40 MPH and install the regulatory signs on Kalamazoo Avenue between 52nd Street and 60th Street.
P. Receive and file minutes of the Safety Committee Meeting held March 10, 2009.
Q. Receive and file minutes of the Service Committee Meeting held March 12, 2009.
R. Approve the expenditure of $19,500.00 under the existing contract with Prein & Newhof to develop a project plan for water system improvements in accordance with Economic Stimulus Package and Michigan Department of Environmental Quality requirements, with funds from the Water Enterprise Fund.
S. Payables for the City totaling $13,381,926.42.

Roll Call Vote: Yeas: All. Nays: None. Absent: Root.

Motion Carried.

Motion by Coughlin, supported by Brown, to approve the minutes of the March 3, 2009 City Commission Meeting.

Motion Carried.

PRESENTATIONS AND PROCLAMATIONS:

OATH OF OFFICE ADMINISTERED BY CITY CLERK TO NEW POLICE OFFICERS.
Police Chief Mattice introduced the new officers and asked the City Clerk to administer the Oath of Office to Police Officers: Matthew Armstrong, Jonathon Carter, Randall Lenhart and Jason Valenzuela. They introduced their families in attendance.

PUBLIC HEARING:

Roskam Baking Company.
Mayor Pro-Tem Clanton opened the public hearing to approve an application for an Industrial Facilities Exemption Certificate for Roskam Baking Company in the City of Kentwood located at 3225-32nd Street, SE and 3035-32nd Street, SE; under Act 198.

After a brief presentation by Economic Development Planner Golder:

Motion by Raha, supported by Coughlin, to close the public hearing.

Motion Carried.

ADOPT RESOLUTION 25?09 TO APPROVE THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR ROSKAM BAKING COMPANY.
Motion by Raha, supported by Coughlin, to adopt Resolution 25?09 to approve the application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Roskam Baking Company located at 3225-32nd Street, SE; under Act 198.

Roll Call Vote: Yeas: All. Nays: None. Absent: Root.

Resolution Adopted.

ADOPT RESOLUTION 26?09 TO APPROVE THE APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR ROSKAM BAKING COMPANY.
Motion by Raha, supported by Coughlin, to adopt Resolution 26?09 to approve the application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Roskam Baking Company located at 3035-32nd Street, SE; under Act 198.

Roll Call Vote: Yeas: All. Nays: None. Absent: Root.

Resolution Adopted.

Heritage Pointe.
Mayor Pro-Tem Clanton opened the public hearing to approve the Major Change to a PUD for a deviation to allow a third freestanding sign for Heritage Pointe located on the southeast corner of Burton Street and East Paris Avenue.

Following a brief Presentation by Assistant Planner Pung:
Motion by Coughlin, supported by Brown, to close the public hearing.

Motion Carried.

APPROVE THE MAJOR CHANGE TO A PUD FOR A DEVIATION TO ALLOW A THIRD FREESTANDING SIGN FOR HERITAGE POINTE.
Motion by Brinks, supported by Cummings, to approve the Major Change to a PUD for a deviation to allow a third freestanding sign for Heritage Pointe on the southeast corner of Burton Street and East Paris Avenue with Conditions 1-2 and basis points 1-5 based on the Planning Commission?s Findings of Fact dated March 10, 2009.

Motion Carried.

Sam?s Bistro.
Mayor Pro-Tem Clanton opened the public hearing regarding a resolution to consider a liquor license renewal for Sam?s Bistro located at 1950-44th Street, SE.

Following an explanation and review of exhibits and a resolution to the MLLC by City Attorney Sluggett, City Treasurer Hollinrake reviewed exhibits 4 & 5.

Attorney for Sam?s Bistro, Ken Hoogeboom expressed his view that payment of taxes could be done at the sale of the business.

Owner Karadsheh , stated he would pay one-third of the taxes tomorrow and the rest after the sale of the business, he fell behind due to renovation of the building and noted he employs 35 people.

Ken George, Certified Business Intermediary, presented an executive summary regarding the Bistro.

Herb Newhouse stated he has the funds to pay $64,000.00 in cashier?s checks.

Colman Gilliland spoke as a character witness.

Both City Attorney Sluggett and attorney Hoogeboom gave concluding statements.

Motion by Raha, supported by Coughlin, to close the public hearing.

Motion Carried.

The Commission asked and discussed the issue and requested a ten minute recess to review the executive financial statement provided by Ken George.

The Commission adjourned at 8:50 p.m.

ADOPT RESOLUTION 27?09 AUTHORIZING SUBMISSION OF A REQUEST TO THE MICHIGAN LIQUOR CONTROL COMMISISON ?FINDINGS AND DETERMINATIONS, NOT TO RENEW THE CLASS C LIQUOR LICENSE FOR SAM? BISTRO LOCATED AT 1950-44TH STREET.
Motion by Cummings, supported by Coughlin, to adopt Resolution 27?09 , including the findings and determination contained therein, as well as the exhibits which are incorporated as part of that resolution, which authorizes the submission of a request to the Michigan Liquor Control Commission that it not renew the Class C Liquor License for Sam?s Bistro, Inc. located at 1950-44th street, SE.

Roll Call Vote: Yeas: All. Nays: None. Absent: Root.

Resolution Adopted.

BIDS:

TO AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH DESIGN PLUS FOR PROFESSIONAL DESIGN AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE PROPOSED VETERAN?S PARK IMPROVEMENT PROJECT.
Public Works Director Woods and Assistant City Engineer reviewed the project. Commissioner Raha expressed his opinion that the CBDG monies could be used in a better way, while other Commissioners expressed their opinion this was a good use of the funds.

Motion by Brinks, supported by Cummings, to authorize the Mayor to enter into a contract with Design Plus for Professional design and landscape architectural services for the proposed Veteran?s Park improvement project in the amount of $39,710.00 (including a 10% contingency) with funds from the Park Millage and Community Development Block Grants.

Motion Carried.
Raha Dissenting.

COMMENTS OF COMMISSIONERS AND MAYOR:

The Commission discussed pending legislation in Lansing.

The meeting was adjourned at 9:32 P.M.



Dan Kasunic Richard Clanton
City Clerk Mayor Pro-Tem