Kentwood Committees & Boards
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Minutes for 9/20/2010

APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD SEPTEMBER 20, 2010
Commission Chambers

Mayor Richard L. Root called the meeting to order at 7:00 P.M.

Commissioner Brinks gave the invocation.

Commissioner Brinks led the Pledge of Allegiance to the Flag.

Roll Call: Present: Commissioners: Sharon R. Brinks, Michael W. Brown, Robert Coughlin, Richard Clanton, Frank Cummings, Raymond VerWys and Mayor Richard L. Root.

Staff Present: Fire Chief Jim Carr, Finance Director Tom Chase, Economic Development Planner Lisa Golder, Deputy Administrator Rich Houtteman, Assistant City Engineer Pat Hughes, Buyer Carla Kane, City Clerk Dan Kasunic, Deputy Fire Chief Brent Looman, Police Chief Rick Mattice, Community Development Director Terry Schweitzer, Fire Department Administrative Assistant Nancy Shane, City Attorney Jeffrey Sluggett and Public Works Director Ron Woods.

No (0) citizens and members of the news media attended the meeting.

Motion by Brinks, supported by Clanton, to approve the agenda with the following addendum: 15b Fire Dispatch Agreement.

Motion Carried.

CONSENT AGENDA:

Motion by Brinks, supported by Clanton, to approve the Consent Agenda as follows:
A. Authorize the purchase of four copiers from IKON Office Solutions, Inc. at not to exceed price of $35,595.44 with funds from the Property & Building Fund and Police Equipment Funds budgets for the Fiscal Year ending June 30, 2011.
B. Authorize expansion of the City?s contract with AT&T to provide for access to AT&T?s OPT-E-Man solution for connectivity to outlying City buildings, at an approximate net additional cost of $34,272.00 annually, with funds from the Water Department, Fire Department (Police/Fire Millage Fund) and General Fund operating budgets, and install fiber connectivity to a water tank at a cost not to exceed $3,500.00 from the Property and Building Fund, to be allocated to the Water Department operating budgets for five years at an annual cost of $750.00.
C. Receive and file minutes of the Finance Committee Meeting held on September 7, 2010.
D. Receive and file minutes of the Ordinance Committee Meeting held on September 7, 2010.
E. Resolution 66?10 to set an October 5, 2010 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for ConAgra Foods Packaged Foods LLC located at 4490-44th Street, SE; under Act 198.
F. Payables for the City totaling $24,696,329.89.

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

Motion Carried.
Resolution Adopted.

Motion by Coughlin, supported by Brinks, to approve the minutes of the September 7, 2010 City Commission Meeting.

Motion Carried.

PRESENTATIONS AND PROCLAMATIONS:

RECOGNIZE ATTORNEY JEFFREY SLUGGETT AS 2010 RECIPIENT OF THE DISTINGUISHED MUNICIPAL ATTORNEY AWARD.

Attorney Sluggett thanked everyone for the honor.

APPROVAL TO UPDATE THE WATER SYSTEM RELIABILITY STUDY DATED MARCH 2005.
Motion by Clanton, supported by Brinks, to approve the expenditure of $9,200.00 for required updating of the previously completed Water System Reliability Study dated March 2005, and request that the Mayor be authorized to sign a contract with Prein & Newhof for the work.

Motion Carried.

PUBLIC HEARING:

ConAgra Foods Packaged Foods LLC
Mayor Root opened the public hearing to approve the transfer of Industrial Facilities Certificate Nos. 2009-252 & 2010-018 issued to Elan Nutrition, Inc. to ConAgra Foods Packaged Foods, LLC located at 4490-44th Street, SE; under Act 198.

After a brief presentation by Economic Development Planner Golder:

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

Motion Carried.

ADOPT RESOLUTION 67?10 TO APPROVE THE TRANSFER OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO. 2009-252 ISSUED TO ELAN NUTRITIION TO CONAGRA FOODS PACKAGED FOODS, LLC.
Motion by Brinks, supported by Clanton, to adopt Resolution 67?10 to approve the transfer of Industrial Facilities Exemption Certificate No. 2009-252 issued to Elan Nutrition, Inc. to ConAgra Foods Packages Foods, LLC located at 4490-44th Street, SE; under Act 198.

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

Resolution Adopted.

ADOPT RESOLUTION 68?10 TO APPROVE THE TRANSFER OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO. 2010-018 ISSUED TO ELAN NUTRITIION TO CONAGRA FOODS PACKAGED FOODS, LLC.
Motion by Brinks, supported by Clanton, to adopt Resolution 68?10 to approve the transfer of Industrial Facilities Exemption Certificate No. 2010-018 issued to Elan Nutrition, Inc. to ConAgra Foods Packages Foods, LLC located at 4490-44th Street, SE; under Act 198.

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

Resolution Adopted.

Zoning Ordinance.
Mayor Root opened the public hearing to amend Zoning Ordinance pertaining to medical marihuana dispensaries, fences and semi-tractor/trailer parking and storage in residential areas.

Following a brief presentation by Community Development Director Schweitzer:

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

Motion Carried.

ADOPT ORDINANCE 4?10 TO AMEND ZONING ORDINANCE TO ADDRESS MEDICAL MARIHUANA DISPENSARIES, FENCES AND SEMI-TRACTOR/ TRAILER PARKING AND STORAGE IN RESIDENTIAL AREAS.
Motion by Brinks, supported by Coughlin, to adopt Ordinance 4?10 to amend Zoning Ordinance to address medical marihuana dispensaries, fences and semi-tractor/trailer parking and storage in residential areas.

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

Ordinance Adopted.

Pre-Hazard Mitigation Plan.
Mayor Root opened the public hearing to adopt the Kent County, Ottawa County and City of Grand Rapids Pre-Hazard Mitigation Plan.

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

Motion Carried.
ADOPT RESOLUTION 69?10 TO ADOPT THE KENT COUNTY, OTTAWA COUNTY AND CITY OF GRAND RAPIDS PRE-HAZARD MITIGATION PLAN.
Motion by Brinks, supported by Coughlin, to adopt Resolution 69?10 to adopt the Kent County, Ottawa County and City of Grand Rapids Pre-Hazard Mitigation Plan.

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

Resolution Adopted.

BIDS:

2010 PAVEMENT REHABILITATION FOR THE ENGINEERING DEPARTMENT.
Assistant City Engineer Hughes reviewed his memorandum dated September 14, 2010 regarding the work needed on four streets, along with a brief discussion an indemnification.

Motion by Brinks, supported by VerWys, to approve contracting for pavement rehabilitation and repaving services with Superior Asphalt, Inc. in the amount of up to $126,000.00 (including a 10% contingency) with funds from the Streets Fund for Fiscal Year ending June 30, 2011.

Motion Carried.

SIDEWALK RAMPS REPLACMENT PROJECT FOR THE ENGINEERING DEPARTMENT.
Public Works Director Woods reviewed his memorandum dated September 13, 2010 regarding the replacement of ramps and answered questions regarding the selection of vendor.

Motion by Coughlin, supported by Cummings, to authorize the Mayor to enter into a contract with In?t Hout Concrete, Inc. for the construction/replacement/painting of approximately 1,400 ramps throughout the City at an estimated cost of up to $306,000.00 (including approximately a 15% contingency) with funds from Act 51 monies for the Fiscal Year ending June 30, 2011, as permitted under City of Kentwood purchasing rules and in accordance with the representations contained in R. Woods/C. Kane memorandum dated September 13, 2010.

Motion Carried.
Clanton Dissenting.
RESOLUTIONS:

ADOPT RESOLUTION 70?10 TO ESTABLISH POLICY FOR ACCESS TO AND USE OF CRIMINAL JUSTICE INFORMATION SYSTEM DATA.
Police Chief Mattice spoke briefly on why this is required to establish.

Motion by Brinks, supported by Coughlin, to adopt Resolution 70?10 to establish City policy for access to the Criminal Justice Information System and the use of data obtained from the system.

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

Resolution Adopted.

ADOPT RESOLUTION 71?10 TO APPROVE THE FIRE DISPATCH AGREEMENT WITH THE CITY OF GRAND RAPIDS.
Motion by Brinks, supported by Cummings, to adopt Resolution 71?10 to approve the Fire Dispatch Agreement with the City of Grand Rapids through December 31, 2010.

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

Resolution Adopted.

COMMENTS OF COMMISSIONERS AND MAYOR:

Commissioner Brinks-Informed the Commission she will be absent from the October 5th City Commission Meeting and noted she requested to be appointed to a second term on the Land Bank, and that they are currently working on policy setting.

Commissioner Cummings and Brinks-Informed the Commission they both attended the Kelloggsville Open House and there was a good turnout.

Mayor Root-Stated he and Commissioner Clanton will be at the MML Conference starting tomorrow.

The meeting was adjourned at 7:40 P.M.


Dan Kasunic Richard L. Root
City Clerk Mayor