Kentwood Committees & Boards
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Minutes for 8/08/2007
APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD AUGUST 8, 2007
Commission Chambers
Mayor Richard L. Root called the meeting to order at 7:30 P.M.
Reverend Marcy Miller of Ascension Lutheran Church gave the invocation.
Commissioner Brown led the Pledge of Allegiance to the Flag.
Roll Call: Present: Commissioners: Sharon R. Brinks, Michael W. Brown, Robert Coughlin, Richard Clanton, Frank Cummings, Frank Raha III and Mayor Richard L. Root.
Staff Present: Fire Chief Jim Carr, Finance Director Tom Chase, City Attorney John Huff, City Clerk Dan Kasunic, Engineering & Inspections Director Steve Kepley, Police Chief Rick Mattice, Assistant Planner Joe Pung, Community Development Director Terry Schweitzer, Fire Department Administrative Assistant Nancy Shane, Assistant Finance Director/Purchasing Agent Phil Tietz, Deputy Administrator Keith Van Beek and Public Works Director Ron Woods.
Ten (10) citizens and members of the news media attended the meeting.
Motion by Brinks, supported by Cummings, to approve the agenda with the following addenda: adding 14(a) bid for vehicle towing, 7(e) purchase of in-car cameras, 7(f) purchase of excavator, 7(g) establishing passport photo price and 7(h) cell tower land lease agreement.
Motion Carried.
ACKNOWLEDGE VISITORS AND NON-AGENDA ITEMS:
John Dahlman (DTE) and Allen Collier (contractor) spoke on the need to close Eastern Avenue between 52nd Street and 44th Street at the East-West Trail to replace the pipeline under the road.
Police Chief Mattice recapped Tuesday?s National Night Out festivities.
CONSENT AGENDA:
Motion by Brinks, supported by Clanton, to approve the Consent Agenda as follows:
A. Receive and file minutes of the Committee of the Whole Meeting held on July 17, 2007.
B. Elect Gretchen Driskell, Ralph Maccarone III and Larry Nielsen to the Michigan Municipal Workers? Compensation Fund Board of Trustees.
C. Resolution 63?07 to set a September 4, 2007 public hearing date to consider the establishment of an Industrial Development District in the City of Kentwood for American Litho Inc. located at 4156 Danvers Ct., SE; under Act 198.
D. Payables for the City of $557,174.07, Roads of $262,575.87, Water/Sewer of $16,867.24, Taxes of $1,570,191.98, totaling $2,406,809.16.
E. Purchase twelve (12) Digital in-car cameras and up to four (4) additional wireless access points as required, at a total cost not to exceed $68,204.00 (including allowance for unplanned installation costs) from Kustom Signal Inc., with funds from the Property and Building Fund.
F. Purchase of one 2007 model year hydraulic excavator to be used by the Public Works Department, at a total cost of $121,107.00 (including a contingency for decals, two-way radio and a strobe) from Michigan Caterpillar with funds from the DPW Equipment Fund.
G. Resolution 64?07 establishing the price of $8.00 plus tax for Passport Photos.
H. Authorizing the Mayor to execute an amendment to the City?s land Lease Agreement with T-Mobile for a cellular phone cabinet adjacent to Fire Station #1, 4775 Walma Ave., revising the terms of the lease relating to monthly fee, terms and conditions and term of the agreement with termination provisions, for the public good in accordance with the representations contained in J. Carr/P Tietz memorandum dated July 31, 2007, contingent upon approval of the contract amendment by the City Attorney.
Roll Call Vote: Yeas: All. Nays: None. Absent: None.
Motion Carried.
Resolutions Adopted.
Motion by Coughlin, supported by Brown, to approve the minutes of the July 17, 2007 City Commission Meeting.
Motion Carried.
PUBLIC HEARING:
Franklin Partners Facility-Act 425
Mayor Root opened the public hearing for consideration of a conditional land transfer agreement pursuant to Public Act 425 with the City of Wyoming for a portion of the Franklin Partners facility located in the City on the west side of Eastern Avenue, SE between 36th Street and 44th Street, SE.
Deputy Administrator Van Beek stated the 30-day limit had past and the Commission is now allowed to take action.
Motion by Coughlin, supported by Brown, to close the public hearing.
Motion Carried.
APPROVAL OF CONDITIONAL LAND TRANSFER AGREEMENT WITH CITY OF WYOMING.
Motion by Coughlin, supported by Brown, to approve the conditional land transfer agreement for a portion of the Franklin Partners facility located in the City of Kentwood on the west side of Eastern Avenue, SE between 36th Street and 44th Street, SE., 4301 Eastern Avenue, PPN 41-18-19-477-020.
Motion Carried.
CBS Partners.
Mayor Root opened the public hearing for an appeal of site plan denial from the Planning Commission for a retail facility to be constructed at 2300-44th St., SE for CBS Partners that had been referred back to Planning Commission at the March 20, 2007 City Commission Meeting for clarification.
Following a presentation by Assistant Planner Pung and representative?s Attorney Randall Kracker and City Attorney Huff explaining the three (3) options to the Commission, in the appeal. Those options being a) affirm the denial; b) overturn without conditions or with conditions, or c) table.
Motion by Brown, supported by Coughlin, to close the public hearing.
Motion Carried.
Motion by Brinks, supported by Cummings, to overturn the denial of the Planning Commission dated June 26th, with the following conditions: 1) City staff review and approval of a landscape plan. Landscape plan to include detail on landscaping proposed on the adjacent property to the west; such landscaping must meet the minimum requirements of Buffer Zone C as outlined in the Kenwood Zoning Ordinance. A recorded easement between the applicant and the adjacent property owner to permit such landscaping and address its ongoing maintenance is to be submitted and approved by staff. 2) Approval of the revised building elevation dated May 5, 2007. 3) Refuse collection system acceptable to City staff and not to encroach onto the eventual easement. 4) Compliance with the Assistant City Engineer?s memo dated June 4, 2007. 5) Compliance with all applicable Fire Department regulations and requirements.
The basis for the decision is as follows:
1) Sections 13.03.E, 13.08.G, 14.05.B and 14.05.D.6 of the Zoning Ordinance specify consideration of the relationship of site and building design to adjoining development, the particular lot size and the long narrow configuration. The orientation and design of the proposed building places a long block building wall without varied building lines or building openings along the west lot line, and the willingness to landscape the adjacent property. 2) The current location of the dumpster is not where it should be and must be moved. 3) The remainder of the record supports the applicant?s position at this point.
Motion Carried.
Brown and Coughlin Dissenting.
BIDS:
AUTHORIZE THE MAYOR TO ENTER INTO A THREE (3) YEAR CONTRACT WITH HANSEN?S TOWING.
Police Chief Mattice reviewed his memorandum dated July 31, 2007 regarding vehicle towing.
Motion by Brinks, supported by Cummings, to authorize the Mayor to enter into a three (3) year contract, with the option to extend the contract for an additional two (2) years, with Hansen Towing for City-owned vehicles and Kentwood Police Department vehicle towing and storage services, with funds from various appropriate operating budgets for the City?s Police, Public Works and Fire Department (contingent upon City Attorney approval on the contractor?s insurance policies and a contract.)
Motion by Raha, supported by Brown, to amend the motion by adding to the option to extend the contract for additional two years ?with City Commission Approval?
Amendment Motion Carried.
Main Motion Carried.
Clanton Dissenting.
RESOLUTIONS:
ADOPT RESOLUTION 65?07 TO RECOGNIZE THE GRAY CENTER FOR SOCIAL LEARNING AND UNDERSTANDING AS A NON-PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE.
Motion by Brinks, supported by Cummings, to adopt Resolution 65?07 to recognize the Gray Center for Social Learning and Understanding located at 4123 Embassy Drive, SE as a non-profit organization operating in the community for the purpose of obtaining a charitable gaming license.
Roll Call Vote: Yeas: All. Nays: None. Absent: None.
Resolution Adopted.
ADOPT RESOLUTION 66?07 TO APPROVE A CONTRACT BETWEEN THE CITY OF KENTWOOD AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) PERTAINING TO THE MEDIAN STREETSCAPE WORK ALONG 44TH STREET FROM BRETON AVENUE TO SHAFFER AVENUE.
Motion by Brinks, supported by Cummings, to adopt Resolution 66?07 to approve a contract between the City of Kentwood and the Michigan Department of Transportation (MDOT) pertaining to median streetscape work along 44th Street from Breton Avenue to Shaffer Avenue.
Roll Call Vote: Yeas: All. Nays: None. Absent: None.
Resolution Adopted.
ADOPT RESOLUTION 67?07 TO URGE THE STATE TO SUPPORT CHANGES TO VARIOUS GOVERNMENTAL COOPERATION ACTS.
Motion by Brinks, supported by Clanton, to adopt Resolution 67?07 to urge the State to support changes to various governmental cooperation acts.
Roll Call Vote: Yeas: All. Nays: None. Absent: None.
Resolution Adopted.
ADOPT RESOLUTION 68?07 TO AUTHORIZE A CHANGE TO THE CONSUMERS ENERGY STANDARD STREETLIGHTING CONTRACT TO INSTALL STREETLIGHTS ON BIRCH CREEK DRIVE AND 32ND STREET, SE.
Motion by Cummings, supported by Clanton, to adopt Resolution 68-07 to authorize a change to the Consumers Energy Standard Streelighting contract to install streetlights on Birch Creek Drive and 32nd Street, SE.
Motion Carried.
COMMENTS OF COMMISSIONERS AND MAYOR:
Commissioner Brown-Stated he will be absent from the Next City Commission Meeting.
Mayor Root-Reviewed which commissioners are on the following committees:
Commissioners Coughlin and Raha regarding the Library question, Brown and Coughlin on the Historic Site land transfer and Brinks and Raha on the Trail issue.
He thanked everyone for their participation with National Night Out.
The meeting was adjourned at 8:55 P.M.
Dan Kasunic Richard L. Root
City Clerk Mayor
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