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APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION
HELD MAY 19, 2015
Commission Chambers
 
Mayor Stephen Kepley called the meeting to order at 7:00 P.M.
 
Commissioner Haas led the Pledge of Allegiance to the Flag.
 
John Helder gave the invocation.
 
Roll Call: Present: Commissioners: Betsy Artz, Michael W. Brown, Robert Coughlin, Erwin Haas, Jerry DeMaagd, Steve Redmond and Mayor Stephen Kepley.
 
Staff Present: City Engineer Tim Bradshaw, Finance Director Tom Chase, Deputy Fire Chief Greg Ginebaugh,  Economic Development Planner Lisa Golder, Public Works Director John Gorney, Police Chief Tom Hillen, Deputy Administrator Rich Houtteman, City Clerk Dan Kasunic, Fire Chief Brent Looman, Assistant Finance Director Lorna Nenciarini, Parks and Recreation Director Val Romeo, Community Development Director Terry Schweitzer, Fire Department Administrative Assistant Nancy Shane, City Attorney Jeffrey Sluggett, Deputy Police Chief Don Tuuri.
 
Sixty (60) citizens and members of the news media attended the meeting.
 
Motion by Brown, supported by Artz, to approve the agenda.
 
                                                                                    Motion Carried.
 
CONSENT AGENDA:
 
Motion by Artz, supported by DeMaagd, to approve the Consent Agenda as follows:
  1. Receive and file minutes of the Committee of the Whole Meeting held on May 11, 2015.
  2. Resolution 21–15 to adopt the Cash Handling Policy for the Treasurer’s Office.
  3. Resolution 22–15 to approve the Schedule of Capital Improvements for July 1, 2015-2021.
  4. Authorize the Mayor to enter into a contract with Wolverine Building Group for rehabilitation and maintenance design/build services on Kentwood’s three fire stations for a cost not-to-exceed $60,700.00 (including a 10% contingency) with funds from the FY 2015-16 and FY 2016-17 Fire Equipment Fund budgets.
  5. Payables for the City totaling $187,779.45.
 
Roll Call Vote:  Yeas:  All.    Nays:  None.    Absent:  None.
 
                                                                                    Motion Carried.
                                                                                    Resolutions Adopted.
                                                           
Motion by DeMaagd, supported by Artz, to approve the minutes of the May 11, 2015 City Commission Meeting.
 
                                                                                    Motion Carried.
 
PRESENTATIONS AND PROCLAMATIONS:
 
ADMINISTER OATHS OF OFFICE TO NEW POLICE OFFICERS.
Police Chief Hillen introduced new Police Officers Jacob Conner and William Mendez.
City Clerk Kasunic administered the Oath of Office. Police Officers Conner and Mendez introduced family who were present.
 
PRESENTATION OF ANNUAL REPORT BY KENT DISTRICT LIBRARY.
KDL Director Lance Werner, KDL Board Member Shirley Bruursema and Branch Manager Cheryl Cammenga spoke on the 2014 activities, highlights and accomplishments.
 
PUBLIC HEARINGS:
Adopt FY 2015-16 General Fund and Special Revenue Funds budgets and 2015 Millage Rates.
 
Mayor Kepley opened the public hearing to adopt the Fiscal Year 2015-16 General Fund and Special Revenue Funds budgets and 2015 Millage Rates.
 
Following a brief presentation by Finance Director Chase:
 
Motion by Artz, supported by Coughlin, to close the public hearing.
 
                                                                                    Motion Carried.
 
ADOPT RESOLUTION 23–15 TO ADOPT THE FISCAL YEAR 2015-2016 GENERAL FUND AND SPECIAL REVENUE FUNDS BUDGETS AND 2015 MILLAGE RATES.
 
Motion by DeMaagd, supported by Haas, to adopt Resolution 23–15 to adopt Fiscal Year 2015-16 General Fund and Special Revenue Funds budgets and 2015 Millage Rates
 
Roll Call Vote: Yeas:  All.    Nays: None.    Absent: None.
 
                                                                                    Resolution Adopted.
 
Guiding Light.
Mayor Kepley opened the public hearing to rezone 2.93 acres at 5022 Division Avenue from C-2 Community Commercial to R-2 Single and Two Family Residential for Guiding Light Mission.
 
Following a brief presentation by Community Development Director Schweitzer and Executive Director Stuart Ray:
Many residents, Kelloggesville School Interim Superintendent Sam Wright and business owners spoke in opposition of rezoning, with many in agreement with their concerns and a few who spoke in favor of the rezoning.
 
Mayor Kepley noted the Commission had received emails regarding this issue and have been made part of the public record and may be viewed upon request.
 
Motion by Artz, supported by Coughlin, to close the public hearing.
 
                                                                                    Motion Carried.
 
Commissioner Coughlin stated that from a rezoning perspective he could not support this as the property was surrounded by commercial properties. Commissioner Artz made similar comments. Commissioner DeMaagd said he thought this did meet the intentions for the zoning in this area under consideration by the City and he thought this could be a good use of property. Mayor Kepley noted that he greatly supported and admired Guiding Light’s mission and its works. But the only issue before the City Commission is the proposed rezoning of the property from C2 to R2, not a particular use.
Mayor Kepley said that in making a rezoning determination the City must look to the standards for rezoning’s in the City’s Zoning Ordinance. The first of these is the consistency of the proposed zoning with the City’s adopted master plan.  Here, we have a particular area of the City with the future land use plan that designates this corridor for mixed commercial/residential use and to enhance sustainability, walkability, and an urban feel.
He said that while no formal definition of mixed use had occurred of which he was aware (as to whether it pertains to a single parcel or a combination of parcels), the City has indicated that the reasoning behind a mixed commercial/residential use is to create a new living environment that encourages commercial businesses on the main floor with residential on the upper floors.  He said that he did not believe that this proposed rezoning to R2 generally falls within the future land use designation for this site and was not consistent with the master plan.
He also said that two other standards are not met: whether the property can be developed with at least one of the uses permitted under the current zoning and whether all potential uses in the new zone would be compatible with the surrounding uses and zoning in terms of traffic, aesthetics, and similar matters. Currently, the property is zoned C2 and has been used in a manner consistent with this zoning for many years. Moreover, to amend to R2 would mean that standard residential uses such as Single and Two Family would now be permitted by right along Division Avenue.  This would be out of character with the adjacent properties that are zoned C2, C5 or C-PUD and would have an adverse impact on the development of adjacent properties and would conflict with the commercial orientation along Division Avenue.
 
 
DENY REZONING 2.93 ACRES AT 5022 DIVISION AVENUE FROM C-2 COMMUNITY COMMERCIAL TO R-2 SINGLE AND TWO FAMILY RESIDENTIAL FOR GUIDING LIGHT MISSION.
Motion by Coughlin, supported by Artz, to deny rezoning 2.93 acres at 5022 Division Avenue from C-2 Community Commercial to R-2 Single and Two Family Residential for Guiding Light Mission based on rationale provided by Commission and the record presented at tonight’s meeting.
 
Roll Call Vote:  Yeas: Artz, Brown, Coughlin, Haas, Redmond and Kepley.    Nays: DeMaagd    Absent:  None.
 
                                                                                    Motion Carried.
 
Woodbury Commons.
Mayor Kepley opened the public hearing to grant conditional approval for the Preliminary Plat on the south side of 44th Street-Quaker Hill Drive extended for Woodbury Center.
 
Following a brief presentation by Assistant Planner Pung:
 
Motion by Haas, supported by Coughlin, to close the public hearing.
 
                                                                                    Motion Carried.
 
CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT LOCATED ON THE SOUTH SIDE OF 44TH STREET-QUAKER HILL DRIVE EXTENDED FOR WOODBURY CENTER.
Motion by Haas, supported by Artz, to grant conditional approval of the Preliminary Plat located on the south side of 44th Street-Quaker Hill extended for Woodbury Center with Conditions 1-4 and Basis Points 1-5 of Planning Commission’s Findings of Fact dated May 12, 2015.
 
                                                                                    Motion Carried.
 
Tamarisk Apartments.
 
Mayor Kepley opened the public hearing to rezone 5.147 acres at 4520 and 4501 Bowen Boulevard, SE from C-2 Community Commercial to R-4 High Density Residential for Tamarisk Apartments.
 
ADOPT ORDINANCE 1–15 TO REZONE 5.147 ACRES AT 4520 AND 4501 BOWEN BLVD. FROM C-2 TO R-4 FOR TAMARISK APARTMENTS.
Motion by Artz, supported by Brown, to adopt Ordinance 1-15 to rezone 5.147 acres at 4520 and 4501 Bowen Boulevard, SE from C-2 Community Commercial to R-4 High Density Residential for Tamarisk Apartments with Basis Points 1-8 of Planning Commission’s Findings of Fact dated May 12, 2015.
 
Roll Call Vote: Yeas: All.    Nays: None.    Absent: None.
 
                                                                                    Ordinance Adopted.  
 
RESOLUTIONS:
 
ADOPT RESOLUTION 24–15 TO STUDY THE LAKE EASTBROOK WATERSHED-A PORTION OF THE WHISKEY CREEK WATERSHED.
City Engineer Bradshaw explained the need for the study and the resolution.
 
Motion by Haas, supported by DeMaagd, to adopt Resolution 24–15 to study the Lake Eastbrook Watershed- a portion of the Whiskey Creek Watershed.
 
Roll Call Vote:  Yeas:  All.    Nays:  None.   Absent: None.
 
                                                                                    Resolution Adopted.
 
POSTPONE ANY ACTION FOR AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR LACKS ENTERPRISES, INC.
Economic Development Planner Golder noted the additional request to postpone any action until a later City Commission meeting.
 
Motion by Artz, supported by Haas, to postpone any action for application for an Industrial Facilities Exemption Certificate for Lacks Enterprises, Inc. located at 4975 Broadmoor Ave., SE; under Act 198.
 
                                                                                    Motion Carried.
 
COMMENTS OF COMMISSIONERS AND MAYOR:
Commissioner Brown-Inquired when the new Fire Engine will go into service. Fire Chief Looman informed the Commission it went into service yesterday.
 
The meeting was adjourned at 9:15 P.M.
 
 
Dan Kasunic                                                                           Stephen C.N. Kepley
City Clerk                                                                               Mayor