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Minutes for 9/05/2006



APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD SEPTEMBER 5, 2006
Commission Chambers

Mayor Richard Root called the meeting to order at 7:38 P.M.

Reverend Jerry DeRuiter of Kentwood Community Church gave the invocation. He then introduced Pastor Kyle Ray who provided a brief summary of recent church activities.

Commissioner Brown led the Pledge of Allegiance to the Flag.

Roll Call: Present: Commissioners: Michael W. Brown, Richard Clanton, Robert Coughlin, Frank Cummings, Frank Raha III and Mayor Richard Root.

Motion by Coughlin, supported by Clanton, to excuse Commissioner Brinks with prior notification.
Motion Carried.

Staff Present: Deputy City Clerk Mary Bremer, Finance Director Tom Chase, Economic Development Planner Lisa Golder, Human Resources Director Lisa Hughes, Assistant City Engineer Pat Hughes, Engineering & Inspections Director Steve Kepley, Police Chief Rick Mattice, Community Development Director Terry Schweitzer, Fire Department Administrative Assistant Nancy Shane, City Attorney Jeffrey Sluggett, Assistant Finance Director/Purchasing Agent Phil Tietz, Assistant to the Mayor Keith Van Beek and Public Works Director Ron Woods.

Twenty-six (26) citizens and members of the news media attended the meeting.

Motion by Clanton, supported by Brown, to approve the agenda.

Motion Carried.

ACKNOWLEDGE VISTORS AND NON-AGENDA ITEMS:

David LeGrand, candidate for the 29th State Senate District, requested that the Kentwood City Commission join the City of Grand Rapids in passing a resolution against the Civil Rights Initiative scheduled to be on the November ballot.

CONSENT AGENDA:
Motion by Coughlin, supported by Brown, to approve the Consent Agenda as follows:
A. Approve to contract for Dental Third Party Administrator Service.
B. Receive and file minutes of the Finance Committee Meeting held on August 17, 2006.
C. Receive and file minutes of the Ordinance Committee Meeting held on August 22, 2006.
D. Resolution 84?06 to set an October 3, 2006 public hearing date to consider the establishment of an Industrial Development District in the City of Kentwood for Knoll, Inc. located at 4300 - 36th St., SE; under Act 198.
E. Payables for the City $915,463.09, Roads of $140,975.07, Water/Sewer of $13,474.38, Taxes of $12,742,929.30, totaling $13,812,841.84.

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

Motion Carried.
Resolution Adopted.

Motion by Brown, supported by Cummings, to approve the minutes of the August 15, 2006 City Commission Meeting.
Motion Carried.

COMMUNICATIONS AND PETITIONS:

ADOPT RESOLUTIONS 85-06 AND 86-06 FOR THE RELEASE OF EXISTING EASEMENTS AND GRANTING OF NEW EASEMENTS FOR A MONITORING WELL LOCATED IN KENTWOOD ACRES #4 PLAT.
Public Works Director Ron Woods reviewed his memorandum dated August 30, 2006 and noted this request will bring the easement and monitoring well location into conformance with the platted street and lot lines.

Motion by Cummings, supported by Coughlin, to approve Resolutions 85-06 and 86-06 for the release of existing easements and granting of new easements for the monitoring well and public utilities located in Kentwood Acres #4 Plat.

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

Resolutions Adopted.

HEARINGS:

LDI, Inc.

Mayor Root opened the public hearing to approve the establishment of an Industrial Development District and to set an October 3, 2006 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for LDI, Inc. located at 4311 and 4323 Patterson Ave., SE; under Act 198.

Following a brief presentation by Economic Development Planner Golder, who noted the Certificate will be for 4323 Patterson Avenue only and by LDI, Inc. representative Greg Lankfer:
Motion by Brown, supported by Coughlin, to close the public hearing.

Motion Carried.

ADOPT RESOLUTION 87?06 TO APPROVE THE ESTABLISHMENT OF AN INDUSTRIAL DEVELOPMENT DISTRICT AND RESOLUTION 88?06 TO SET AN OCTOBER 3, 2006 PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR LDI, INC. AT 4323 PATTERSON AVE.
Motion by Clanton, supported by Coughlin, to adopt Resolution 87?06 to approve the establishment of an Industrial Development District and Resolution 88?06 to set an October 3, 2006 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for LDI, Inc. located at 4323 Patterson Ave., SE; under Act 198.

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

Resolutions Adopted.
Meridan Automotive Systems, Inc.

Mayor Root opened the public hearing to approve the establishment of an Industrial Development District and to set an October 3, 2006 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Meridan Automotive Systems, Inc. located at 3075 Breton Ave., SE; under Act 198.

Following a brief presentation by Economic Development Planner Golder, who gave a brief history of past abatements given to this company and by Meridan representative Michael Moriarty who noted they have received two new business awards with new projects:

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

Motion Carried.

ADOPT RESOLUTION 89?06 TO APPROVE THE ESTABLISHMENT OF AN INDUSTRIAL DEVELOPMENT DISTRICT AND RESOLUTION 90?06 TO SET AN OCTOBER 3, 2006 PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR MERIDAN AUTOMOTIVE SYSTEMS, INC.
After some discussion regarding the past abatements and the current vacant Meridan facility:

Motion by Cummings, supported by Raha, to adopt Resolution 89?06 to approve the establishment of an Industrial Development District and Resolution 90?06 to set an October 3, 2006 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Meridan Automotive Systems, Inc. located at 3075 Breton Ave., SE; under Act 198.
Roll Call Vote: Yeas: Brown, Coughlin, Cummings, Raha and Mayor Root. Nays: Clanton. Absent: Brinks.
Resolutions Adopted.

Mayor Root asked Meridan to meet with him regarding plans for their vacant facility.

Tool and Die Renaissance Recovery Zones.

Mayor Root opened the public hearings to consent to the creation of a Tool and Die Renaissance Recovery Zones in the City of Kentwood for Lasers Unlimited, Inc. located at 4600 - 36th St., SE and Plastic Mold Technology located at 4201 and 4191 Broadmoor Ave., SE.

Following a brief presentation by Economic Development Planner Golder and remarks from Tom Verburg of Lasers Unlimited and Dave Snellink and Gary Proos of Plastic Mold Technology:

Motion by Coughlin, supported by Cummings, to close the public hearings.

Motion Carried.

ADOPT RESOLUTION 91?06 TO CONSENT TO THE CREATION OF A TOOL AND DIE RENAISSANCE RECOVERY ZONE FOR LASERS UNLIMITED, INC.
Motion by Brown, supported by Clanton, to adopt Resolution 91?06 to consent to the creation of a Tool and Die Renaissance Recovery Zone for Lasers Unlimited, Inc. located at 4600 - 36th St., SE.

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

Resolution Adopted.

ADOPT RESOLUTION 92?06 TO CONSENT TO THE CREATION OF A TOOL AND DIE RENAISSANCE RECOVERY ZONE FOR PLASTIC MOLD TECHNOLOGY.
Motion by Brown, supported by Clanton, to adopt Resolution 92?06 to consent to the creation of a Tool and Die Renaissance Recovery Zone for Plastic Mold Technology located at 4201 and 4191 Broadmoor Ave., SE.

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

Resolution Adopted.
BIDS:

PURCHASE OF VEHICLE FOR THE POLICE DEPARTMENT.
Motion by Cummings, supported by Coughlin, to approve the purchase of a four-door passenger car from Wittenbach Sales & Service for the Police Department operations at a total cost of $19,708.98 with funds from the Property & Building Fund, as permitted under City of Kentwood purchasing rules and in accordance with the representations contained in R. Mattice/P. Tietz memorandum dated August 30, 2006.

Motion Carried.

PURCHASE OF SEWER LINE TREATMENT SERVICE FOR THE DEPARTMENT OF PUBLIC WORKS.
Public Works Director Woods reviewed the memorandum dated September 5, 2006.

Motion by Clanton, supported by Cummings, to waive purchasing requirements, as permitted under City of Kentwood purchasing rules (sole source vendor) allowed under Resolution 79-03 ?Special Circumstances? and in accordance with representations contained in R. Woods/C. Kane memorandum dated September 5, 2006 and authorize the purchase of sewer line treatment by Duke?s Root Control at a total cost of not more than $10,000.00 (including approximately a 5% contingency) with funds from the Sewer Fund.

Motion Carried.

CONSTRUCTION ENGINEERING AND RECONSTRUCTION OF SOUTH, EAST AND WEST GROVE DRIVES FOR THE ENGINEERING DEPARTMENT.
Engineering & Inspections Director Steve Kepley reviewed the need and process to be undertaken to reconstruct these three streets and the legal recourse that may ensue. After a brief discussion regarding the proposed contingencies:

Motion by Cummings, supported by Brown, to approve the contract with Moore & Bruggink, Inc. for engineering consulting services necessary for the reconstruction of the South, East and West Grove Drives at a contract amount of $14,606.82 plus a 5% project contingency for a total amount of $15,500.00 with funds from Act 51 monies; and to authorize a contract with Velting Contractors, Inc. for said street reconstruction at a contract amount of $182,125.05 plus a 5% project contingency, total request amount of $191,000.00 with funds from Act 51 monies.
Motion Carried.

RESOLUTIONS:

ADOPT RESOLUTION 93?06 TO ACCEPT A PORTION OF WALNUT HILLS DRIVE AS A PUBLIC CITY STREET.
Motion by Coughlin, supported by Brown, to adopt Resolution 93?06 to accept a portion of Walnut Hills Drive as a public City street.

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

Resolution Adopted.

ADOPT RESOLUTION 94?06 FROM GRAND RAPIDS HOSPITALITY PARTNERS LLC TO DROP RNAGALA GRAND RAPIDS, LLC AND VNAGALA GRAND RAPIDS, LLC AS CO-LICENSEES AND TO TRANSFER INTEREST IN A CLASS B MOTEL LICENSE WITH A DANCE PERMIT BY ADDING RUP NAGALA, VANI NAGALA, BS OF DE PERE, VARTAN MALKASIAN, THE ESTATE OF ROGER PITSENBARGER, KODEL, INC., NORMAN H. LESLIE AND ROBERT H. LESLIE AS NEW MEMBERS AT 3333-28TH ST., SE (THE RAMADA INN).
Motion by Coughlin, supported by Cummings, to adopt Resolution 94?06 from Grand Rapids Hospitality Partners LLC to drop Rnagala Grand Rapids, LLC and Vnagala Grand Rapids, LLC as co-licensees and to transfer interest in a Class B Motel License with a dance permit by adding Rup Nagala, Vani Nagala, BS of De Pere, Vartan Malkasian, the estate of Roger Pitsenbarger, Kordel, Inc., Norman H. Leslie and Robert H. Leslie as new members at 3333-28th St., SE (the Ramada Inn).

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

Resolution Adopted.

ADOPT RESOLUTION 95?06 TO ADD O.C. OF KENTWOOD, INC. AS A CO-LICENSEE WITH GRAND RAPIDS HOSPITALITY PARTNERS, LLC IN A 2006 CLASS B-HOTEL LICENSE WITH A DANCE PERMIT AT 3333 - 28TH ST. SE.
Motion by Coughlin, supported by Brown, to adopt Resolution 95?06 to add O.C. of Kentwood, Inc. as a co-licensee with Grand Rapids Hospitality Partners, LLC in a 2006 Class B-Hotel License with a dance permit at 3333 - 28th Street, SE. (the Ramada Inn).

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

Resolution Adopted.

ORDINANCES.

ADOPT ORDINANCE 16?06 TO REZONE APPROXIMATELY 2.3 ACRES OF LAND FROM C-2 COMMUNITY COMMERCIAL TO C-5 NEIGHBORHOOD CORRIDOR COMMERCIAL ON DIVISION AVENUE FROM 235 FEET NORTH OF NANCY-NORA TO 435 FEET SOUTH OF NANCY-NORA.
Community Development Director Schweitzer reviewed the issues from the August 15, 2006 public hearing and noted that the two property owners have met but not yet resolved their differences.

Motion by Cummings, supported by Clanton, to adopt Ordinance 16?06 to rezone approximately 2.3 acres of land from C-2 Community Commercial to C-5 Neighborhood Corridor Commercial on Division Avenue from 235 feet north of Nancy-Nora to 435 feet south of Nancy-Nora.

Roll Call Vote: Yeas: Brown, Coughlin, Cummings and Mayor Root. Nays: Clanton and Raha. Absent: Brinks.
Ordinance Adopted.

ADOPT ORDINANCE 17?06 TO APPROVE VARIOUS AMENDMENTS TO THE KENTWOOD ZONING ORDINANCE.
Community Development Director Schweitzer reviewed the items as they were discussed at the August 22nd Ordinance Committee Meeting.

Motion by Coughlin, supported by Cummings, to amend Section 15.04.R pertaining to site design standards for Special Land Use Kennels.

Roll Call Vote: Yeas: Brown, Coughlin, Cummings and Mayor Root. Nays: Clanton and Raha. Absent: Brinks.
Ordinance Adopted.

Motion by Coughlin, supported by Cummings, to amend Section 10.02.A pertaining to Industrial Table of Uses and 13.04.D pertaining to Special Land Use Offices in Industrial zones.

Roll Call Vote: Yeas: Brown, Coughlin, Cummings and Mayor Root. Nays: Clanton and Raha. Absent: Brinks.
Ordinance Adopted.

Motion by Coughlin, supported by Cummings to amend Section 15.04.C pertaining to site design standards for Special Land Use Animal Hospitals.

Roll Call Vote: Yeas: Brown, Coughlin, Cummings and Mayor Root. Nays: Clanton and Raha. Absent: Brinks.
Ordinance Adopted.

COMMENTS OF COMMISSIONERS AND MAYOR:
Commissioner Coughlin ? Would like to see a ?report card? on the current tax abatment
projects to see if they are meeting their employment goals. Lisa Golder will prepare
such a report in November.
Commissioner Cummings ? Would like staff to look at the tool and die renaissance zone projects and check for tax payments yearly. Mayor asked the Commissioners to
consider the possibility of a moratorium on granting any additional zones.
Commissioner Raha reported that the State may increase the use and availability of
such redevelopment zones. Commissioner Clanton would like to review on a case by
case basis. Staff is directed to review the process and the Commission will review
later in the year.
Mayor Root had Public Works Director Woods report on his interview with Channel 13
News regarding the ash borer problem in the City.


The meeting was adjourned at 9:08 P.M.




Mary Bremer Richard L. Root
Deputy City Clerk Mayor