City Council Minutes

CITY OF GRANDVILLE

REGULAR CITY COUNCIL MEETING

MONDAY, NOVEMBER 24, 2008

The Grandville City Council Regular Meeting of November 24, 2008 was called to order by Mayor James Buck at 7:00 pm.

The City Clerk called the roll. Present were Council Members Ken Gates, Randal Gelderloos, Steve Maas, Joshua Meringa, Carole Pettijohn, Stan Ponstein, and Mayor James Buck. Absent: None.

Also attending: Tammy Aue, Treasurer/Finance Directory; Matthew Butts, Assistant City Manager; Randy Kraker, City Attorney; Kenneth Krombeen, City Manager; Mary Meines, City Clerk; Dennis Santo, Police Chief; Dan Steere, Deputy Police Chief; and Todd Wibright, CWP Superintendent.

Council Member Maas gave the invocation; and was followed by the Pledge of Allegiance.

Motion made by Council Member Pettijohn, supported by Council Member Maas, to approve the November 24, 2008 agenda deleting Item #2 under the City Manager’s Report . The motion was APPROVED by a 4-3 roll call vote.

Motion made by Council Member Meringa, supported by Council Member Pettijohn, to waive the reading of the minutes of the Regular Meeting of November 10, 2008 and to approve as presented. The motion was APPROVED.

Motion made by Council Member Gates, supported by Council Member Maas, that Fiscal Year 2008-2009 bills totaling $329,358.14 as presented by the City Manager, be allowed and authorize the Treasurer to pay the same. The motion was unanimously APPROVED by roll call vote.

PUBLIC COMMENT

Representative David Agema addressed Council re: Michigan Business Tax and surcharge.

Treasurer/Finance Director Aue introduced Kenley Penner and Laura Kaleefey from Plante Moran to present the annual audit. They thanked the Treasurer’s office for the assistance they gave them thru the audit process. Fiscal year ending June 30, 2008 was an unqualified (clean) opinion on the financial statements. Ms. Kaleefey reviewed the revenues and expenditures. The unreserved fund balance is about 24% of the 2008 general fund expenditures or approximately $300,000. Motion made by Council Member Pettijohn, supported by Council Member Gates, to accept the 2007-2008 Annual Audit. The motion was unanimously APPROVED by roll call vote.

ORDINANCES AND RESOLUTIONS

Assistant City Manager Butts gave brief update re: the request to conditionally rezone 4555 and 4565 Wilson Avenue to C-1 from OS-1. Conditions include: (1) property owners will make improvements to the façade; (2) 40% of leasable area may be used for C-1 uses and the remaining area must be used for office permitted uses; and (3) no pylon signs are permitted on the property; and (4) all other requirements will fall within the C-1 zone. Representing the applicant was Dave Dishaw.

Motion made by Council Member Gates, supported by Council Member Maas, to remove from the table Zoning Ordinance No. 204-CB, rezoning 4555 and 4565 Wilson Ave. from OS-1, Office/Service District, to C-1, Commercial Neighborhood Business District. The motion was APPROVED.

Motion made by Council Member Maas, supported by Council Member Gates, to adopt Zoning Ordinance No. 204-CB, rezoning 4555 and 4565 Wilson Avenue to C-1, Commercial Neighborhood Business District, with conditions. The motion was unanimously APPROVED by roll call vote.

Council Member Ponstein indicated that he has met with owners of the Tailgaters Sports Bar owners and the owner of the building at 3075 28th Street, William Shurlow. They discussed his concerns with the restaurant and the condition of the building and how it was left. Mr. Ponstein is interested in acquiring a commitment to clean up the property. Mr. Shurlow has provided a letter dated November 10, 2008 addressing issues of concern.

Council Member Gelderloos asked for clarification from the City Attorney re: procedural rules to rescind a resolution.

Motion made by Council Member Ponstein, supported by Council Member Pettijohn, to approve Resolution No. 2866, to rescind Resolution No. 2858, approved on September 22, 2008. The motion was APPROVED by a 4-3 roll call vote (Yes: Maas, Pettijohn, Ponstein and Buck. No: Gates, Gelderloos and Meringa).

Motion made by Council Member Gelderloos, supported by Council Member Gates to table indefinitely action on Resolution No. 2867 until the sale of the property is completed and the taxes are paid. The motion FAILED by a 3-4 roll call vote (Yes: Gates, Gelderloos, and Meringa. No: Maas, Pettijohn, Ponstein, and Buck).

Motion made by Council Member Maas, supported by Council Member Pettijohn, to approve Resolution No. 2867, approving the transfer of a liquor license from Meadowlane Golf Course, Inc., 3356 44^th St. SE, Kentwood, MI to Tailgaters Sports Bar, Inc., 3075 28^th St. SW, Grandville, MI. The motion was APPROVED by a 4-3 roll call vote (Yes: Maas, Pettijohn, Ponstein and Buck. No: Gates, Gelderloos and Meringa).

City Manager Krombeen explained the MERS Traditional and Flexible Benefit “E” options and the costs related to providing the benefit to retirees. Mr. Krombeen indicated the Traditional Benefit “E” has been approved every two years in the past but is optional and Council does not have to approve either the Traditional or Flexible MERS increase. The Flexible Benefit “E” will have less of a financial impact on the City. Motion made by Council Member Gates, supported by Council Member Maas, to approve Resolution No. 2868, adopting MERS Flexible Benefit E 2% Increase to be applied to those retired on or before December 31, 2007 effective January 1, 2009. The motion was unanimously APPROVED by roll call vote.

CONSENT AGENDA

Items presented under the Consent Agenda included:

1. Reports: CWP (October), Investments (October)

2. Minutes: Historical Commission (November 17)

Park & Recreation (October 23)

3. Miscellaneous Purchase Orders and Requests:

a. CWP: Bypass Pump

Contractors Rental Corp - $30,095.00

Motion made by Council Member Gates, supported by Council Member Maas, to approve the Consent Agenda as presented in the best interest of the City. The motion was unanimously APPROVED by roll call vote.

CITY MANAGER’S REPORT

Assistant City Manager Butts presented a request for a temporary liquor license to serve beer to benefit the Ellison Foundation. The proposed event is a mixed martial arts event on December 20, 2008 at the Rivertown Sports facility, 2605 Sanford Ave. Paul Simpson, Brock Simmons, David Roberts, organizers of the event, addressed City Council re: the event. MLCC requires approval of the Police Chief and the Grandville Code of Ordinances requires that all liquor licenses must receive approval by the City Council. Motion by Council Member Gates, supported by Council Member Pettijohn, to authorize the Police Chief to approve the temporary liquor license for the Ground and Pound Promotions. The motion was unanimously APPROVED by a 6-1 roll call vote (Yes: Gates, Gelderloos, Meringa, Pettijohn, Ponstein and Buck. No: Maas).

COUNCIL COMMENTS

· City Council vacancy applicants

· Happy Thanksgiving

· Wendy Evanov, John Ball Zoo Volunteer of the Year

· Summer Recreation Report

· 2^nd grade field trip information

· GVMC Legislative Breakfast at 9:00 am on Dec. 15 at Prince Conference Center

· Tree Lighting Ceremony on Dec. 1 at 7:00 pm

ADJOURNMENT

Motion made by Council Member Maas, supported by Council Member Gates, to adjourn at 9:16 pm. The motion was APPROVED.

Mary L. Meines

City Clerk