Kentwood Committees & Boards
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Minutes for 9/01/2009

APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD SEPTEMBER 1, 2009
Commission Chambers

Mayor Richard L. Root called the meeting to order at 7:30 P.M.

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

Commissioner Coughlin 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, Information Technology Manager Bill Dudgeon, Police Captain Tom Hillen, Deputy Administrator Rich Houtteman, City Clerk Dan Kasunic, Community Development Director Terry Schweitzer, Fire Department Administrative Assistant Nancy Shane, City Attorney Jeffrey Sluggett, Assistant Finance Director/Purchasing Agent Phil Tietz and Public Works Director Ron Woods.

Seven (7) citizens and members of the news media attended the meeting.

Motion by Raha, supported by Clanton, to approve the agenda with the following addenda: 19(a) Closed Executive Session.

Motion Carried.

ACKNOWLEDGE VISITORS AND NON-AGENDA ITEMS:

Residents from the surrounding area of the Charter School spoke regarding concerns with possible traffic problems when the charter high school opens and on informing the State representatives of their concerns with the school?s ability to develop without local government oversight. Mayor Root directed all concerned to meet with Community Development Director Schweitzer to answer their questions.

CONSENT AGENDA:

Motion by Brinks, supported by Cummings, to approve the Consent Agenda as follows:
A. Authorize Mayor to enter into a contract with MC Sandblasting & Painting, Inc. for the performance of water tank interior cleaning, application of an epoxy coating system, and various repairs at a total cost of up to $98,350.00 (including a 10% contingency) and a contract with Dixon Engineering, Inc. for inspection services of the proposed contractor?s work at a contract amount of up to $8,500.00 (including a 10% contingency) with funds from the Water Fund Budget.
B. Approve purchase of the necessary equipment and services to upgrade the capacities of the City?s fiber optic network and data storage for security cameras, at a total cost not to exceed $135,000.00 with funds from the Property and Building Fund and DPW Equipment Fund budgets and from the Library Construction Fund.
C. Ordinance 6?09 to amend the Code of Ordinances, Chapter 2, Division 2, Section 2-407(4) Sale of City Property to read as follows: ?Assets or property with a de minimis value may, with the prior approval of the Mayor and City Commission, be conveyed to one or more nonprofit organizations or other noncommercial entities approved by the City Commission where no buyer can be found or in cases where the City Commission determines that the conveyance is in the public?s best interest.?
D. Receive and file minutes of the Finance Committee Meeting held on August 20, 2009.
E. Receive and file minutes of the Ordinance Committee Meeting held on August 25, 2009.
F. Payables for the City totaling $26,973,494.66.

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

Motion Carried.
Ordinance Adopted.

Motion by Coughlin, supported by Raha, to approve the minutes of the August 18, 2009 City Commission Meeting.

Motion Carried.

PUBLIC HEARING:

Amend Zoning Ordinance.
Mayor Root opened the public hearing to amend the Code of Ordinances, by amending Appendix A, ?Zoning Ordinance?, Chapter 15, Section 15.04.T.3 regarding Open Air Business Buffering Regulations.

After a brief presentation by Community Development Director Schweitzer:

Motion by Cummings, supported by Brown, to close the public hearing.

Motion Carried.

ADOPT ORDINANCE 7?09 TO AMEND THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, ZONING ORDINANCE, REGARDING OPEN AIR BUSINESS BUFFERING REGULATIONS.
Motion by Brinks, supported by Coughlin, to adopt Ordinance 7?09 to amend the Code of Ordinances, City of Kentwood, Michigan by amending Appendix A, Zoning Ordinance, Chapter 15, Section 15.04.T.3 regarding Open Air Business Buffering Regulations.

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

Ordinance Adopted.

REPORT OF STANDING COMMITTEES:

APPROVE THE FINAL YEAR OF THE SIDEWALK SNOWPLOWING CONTRACT WITH EXPO LANDSCAPING FOR REMOVING SNOW.
Commissioner Brinks spoke suggesting we continue the last year of the contract, explaining her reasons, giving on overview and history, noting a passion of other commissioners to continue. She suggested a multi-prong approach, wanting an analysis be complete on kinds of sidewalks that should be cleared. She suggested a review of sidewalks that may fit a certain criteria to exempt them from the ordinance. She also wanted to look at a possibility of SADs or vendoring and a review of Metro Act fund and how it should be allocated.

Motion by Brinks, supported by Clanton, to approve the final year of the sidewalk snowplowing contract with Expo Landscaping for removing snow from certain City sidewalks with the action to review the sidewalk program with a report to the Service Committee for analysis of the RFP that will replace the current contract with regard to which sidewalks should be cleared by the City and the funding of this project and refer to the Finance Committee how the Metro Act Funds and Act 51 Funds are allocated and spent and to Ordinance Committee for any possible Snow Removal Ordinance change and to have this returned to Service Committee by April 8, 2010.

Motion Carried.
Raha Dissenting.

RESOLUTIONS:

ADOPT RESOLUTION 58?09 TO VACATE AND DELETE PENNYBROOK LANE AS A CITY STREET.
DPW Director Woods reviewed his memorandum explaining the reasons for the vacation of Pennybrook Lane that would allow for the redevelopment of the existing NE corner of Kalamazoo and 60th Street.

Motion by Clanton, supported by Coughlin, to adopt Resolution 58?09 to vacate and delete Pennybrook Lane as a City street.

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

Resolution Adopted.



Motion by Raha, supported by Brown, to adjourn to Closed Executive Session regarding pending litigation as permitted under Section 8(e) of P.A. 267 of 1975, as amended by Act 256 of the 1978 Open Meetings Act.

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

Motion Carried.

The meeting was adjourned at 8:22 P.M.
The meeting reconvened at 9:11P.M.

Motion by Clanton, supported by Coughlin, to authorize the City Attorney to respond to the case evaluation consistent with discussion at the Closed Executive Session.

Motion Carried.

The meeting was adjourned at 9:12 P.M.


Dan Kasunic Richard L. Root
City Clerk Mayor