City Commission Minutes 08-28-2007

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                     AUGUST 28, 2007
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 28,
2007.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker
   Absent: Commissioner Kevin Davis (excused)
2007-71 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the August 13th Commission
Worksession, and the August 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Rezoning Request for Property Located at 1221 W. Laketon Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1221 W.
Laketon Avenue, from R-1, One Family Residential District to RM-2, Medium
Density Multiple Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:          The Planning Commission recommended
approval of the request at their August 16th meeting. The vote was unanimous,
with J. Aslakson and S. Warmington absent.
REQUIRES SECOND READING
                                                       PLANNING & ECONOMIC
      E. Hiring of Firm for Master Plan Update.
         DEVELOPMENT
SUMMARY OF REQUEST: Staff is seeking approval of the selected planning firm,
Williams & Works, to accomplish the task of updating the City of Muskegon
Master Plan. Staff received six (6) proposals from planning firms around the
state and interviewed five (5) of them. It was very important that the firm was
to have a strong planning backround, not just engineering. Williams & Works
proved to be the most desired firm to handle the specific tasks involved in this
project.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: The City will be matching $20,000 in grant funding.
The City received $10,000 from the Community Foundation and $10,000 from
the Michigan Department of Environmental Quality.
STAFF RECOMMENDATION: Approval for Williams & Works to be awarded the
contract of updating the City of Muskegon Mater Plan.
      F. Selection of Siding Supplier for Fiscal Year 2007-2008. COMMUNITY &
         NEIGHBORHOOD SERVICES:
SUMMARY OF REQUEST: To approve the Community and Neighborhood
Services department to select Keene Lumber, 346 W. Laketon, Muskegon, MI
for the Vinyl Siding supplier for fiscal year 2007-2008. The total material cost per
unit is, three hundred ninety-eight dollars and forty seven cents ($398.47).
The department received three other bids:
   1. ABC Lumber, 123 W. Sherman, Muskegon, MI, total material cost per unit-
      four hundred twenty-six dollars and seventeen cents ($426.17).
   2. Weber Lumber, 465 Ottawa, Muskegon, MI, total material cost per unit-
      four hundred fifty two dollars and seventy four cents ($452.74).
   3. Menards, 5487 Harvey St., Muskegon, MI, was incomplete.
FINANCIAL IMPACT: Funding will be allocated from the 2007-2008 CDBG siding
program.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the vinyl siding program was
approved by the Commission last April during the allocation period.
      G. Selection of Vinyl Siding Contractors for Fiscal Year 2007-2008.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the CNS office to sign contracts with Top
Notch Design, 4740 Jensen Road, Muskegon, MI; Gawlik Construction, 5345 E.
Sternberg Rd., Fruitport, MI; and Lewis Johnson Construction, 16076 Bonita
Court, Grand Haven, MI as the vinyl siding installers for the 2007-2008 year. The
agreed upon bid price for all three contractors is sixty-seven dollars ($67.00) a
builders square.
FINANCIAL IMPACT: Funding will be disbursed from the 2007-2008 CDBG Vinyl
Siding program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the siding program was
approved by the Commission during the 2007-2008 allocation period last April.
      H. Approval of Contractor for Rehabilitation of House at 1581 Division.
        COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Contract with D.H. Construction, 3680
Ryerson Road, Twin Lake, Michigan, for the complete rehabilitation of the
house located at 1581 Division for the cost of fifty four thousand two hundred
forty five dollars ($54,245).
After the rehabilitation is completed, the home will be sold to a qualified first-
time homebuyer under the Operation “A little bit of Paradise amidst the
division.”
The CNS office received five other bids including one that was declared
disqualified. The other bids were the following:
1.    Johnson Construction                   $59,775.00
      16076 Bonita Ct.
      Grand Haven
2.     Specialty Builders                    $72,909.50
      4603 Apple
      Muskegon
3.    Holden Construction                    $86,290.00
      601 Amity
      Muskegon
4.    Beattie Brothers                       $100,160.00
      2786 Holton
      Whitehall
The department also received a bid from Murphy Brothers, who was told not to
submit a bid because they had been awarded two contracts for current
projects at, 214 Catherine as the contractor for J2 and 539 Orchard, which is a
project that was awarded to Murphy Brothers as the sole partner. The
ineligible bid submitted by Murphy Brothers was $50,875.
FINANCIAL IMPACT: Funding for the project will be taken from the City’s 2007-
2008 HOME funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the CNS office to develop a contract
with D. H. Construction for the bid of $54,245.
                                               COMMUNITY & NEIGHBORHOOD
      I. Purchase of Parcel at 1246 Fifth.
         SERVICES
SUMMARY OF REQUEST: To approve the purchase of the parcel at 1246 Fifth
Street from: Kiser-ICARD-LLC, Mark Kiser, Sole Manager, P.O. Box 826, 4276
Helena Street, Granite Falls, N.C. (City of Muskegon Revised Plat of 1903 N. 46th,
Lot 6, Block 378), for the agreed upon appraised price of two thousand five
hundred dollars ($2,500).
After the parcel at 1246 Fifth is obtained by the City, the parcel will be
combined with the Tot lot to the east extending the park. The funding for the
acquisition of the land will be allocated from the City’s Community
Development Block Grant funding program income.
FINANCIAL IMPACT: No impact other than decrease in program income.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to purchase the parcel.
      J. Signing of 2007-2008 Subrecipient and Community Housing
                                                  COMMUNITY    &
         Development  Organization  Agreements.
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct staff to have the Subrecipient agreements
for the following agencies signed by the Mayor and Clerk.          The City
Commission in April approved the funding allocations on this year.
1. West Michigan Veterans                       $3,000
2. American Red Cross                           $3,000
3. Love, INC                                    $3,000
4. Sacred Suds                                  $3,000
5. Legal Aid of West Michigan                   $3,000
6. Muskegon Community Health Project            $3,000
Also to have the CHDO agreements signed for the following agencies:
1. Neighborhood Investment Corp.                $65,000
2. Bethany Housing Ministries                   $30,000
3. Habitat for Humanity                         $70,000
FINANCIAL IMPACT:     Funding will be allocated from             the   2007-2008
CDBG/HOME funds as directed by the City Commission.
BUDGET ACTION REQUIRED: None.
 STAFF RECOMMENDATION: To direct staff to have the documents signed by
the Mayor and the Clerk.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items C and D.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
MOTION PASSES
2007-72 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Vacation of a Portion of W. Walton Avenue. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of W. Walton Avenue,
between Terrace and Jefferson Streets.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the portion of W.
Walton Ave., with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION:         The Planning Commission unanimously
recommended the vacation, with J. Aslakson and S. Warmington absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the vacation of the portion of W. Walton Avenue as described.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and
           Gawron
            Nays: None
MOTION PASSES
      D. Replacement Garbage Carts. PUBLIC WORKS
SUMMARY OF REQUEST: Once again we need to replenish our supply of
replacement garbage carts which is nearly depleted. We have taken quotes
from Toter and Rehrig Pacific for a truck-load of carts. The low bidder is Rehrig
Pacific at $47.38 per cart for a total cost of $26,149.
FINANCIAL IMPACT: $26,149.
BUDGET ACTION REQUIRED: This purchase is covered by the Sanitation Budget.
No action is required.
STAFF RECOMMENDATION: To approve the purchase of 552 garbage carts at
$26,149 from Rehrig Pacific Company.
Motion by Commissioner Carter, second by Commissioner Shepherd, to
approve the replacement of garbage carts.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
2007-73 PUBLIC HEARINGS:
      A. Review 2006-2007 Consolidated Annual Performance Evaluation
         Report (CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a Public Hearing on August 28, 2007 to
review accomplishments and receive comments from the Public concerning
the 2006-2007 Consolidated Annual Performance Evaluation Report (CAPER),
developed by the Community and Neighborhood Services Department.
After the Public Hearing has been conducted and all the comments have
been documented, the Community & Neighborhood Services office requests
that the Commission direct the staff to submit the required documents to the
U.S. Department of Housing and Urban Development (HUD) in compliance
with 24 CFS 91.250 by no sooner than August 31, 2007.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving Community Development Block Grant (CDBG) and HOME
funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to gather comments from the public
and to submit the CAPER to HUD after the public comment period has
elapsed.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close
the Public Hearing and approve the review of the 2006-2007 Consolidated
Annual Performance Evaluation Report and submit the required documents to
the U.S. Department of Housing and Urban Development.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
            Nays: None
2007-74 NEW BUSINESS:
      A. Muskegon Central Dispatch Agreement. CITY MANAGER
SUMMARY OF REQUEST:        To approve the First Amended and Restated
Agreement to participate in Muskegon Central Dispatch 911. This agreement
is being done to update Muskegon Central Dispatch’s organizational
documents.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the
Mayor and Clerk to execute it.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Muskegon Central Dispatch agreement.
ROLL VOTE: Ayes:   Wierengo, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      B. Extension of Renaissance Zone Status and Development Agreement.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff is seeking approval of the extension of the
Renaissance Zone status for the former Comerica building and the two
adjacent parcels to the east (285 W. Western, 255 W. Western and 241 W.
Western). The extension would grant Parkland Muskegon, LLC the rights to
attain Renaissance Zone status for 15 years, starting from the date that the
status is granted from the State. Upon completion of Renaissance Zone
extension status, Parkland Muskegon, LLC will be redeveloping the former
Comerica building, 285 W. Western, into market-rate residential units, with retail
on the first floor. The parcels at 255 W. Western and 241 W. Western will be
developed into bi-level mixed-use buildings, for residential and commercial
use, upon completion of the redevelopment of the former Comerica building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the extension of the Renaissance Zone status and Development
Agreement for 285 W. Western, 255 W. Western and 241 W. Western.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      C. Modifications of Solid Waste Contract. PUBLIC WORKS
SUMMARY OF REQUEST: The Department of Public Works staff has negotiated
a number of price concessions from Allied Waste Services in return for a
contract extension.
The results of the negotiations were discussed at the City Commission
Worksession on August 13th.
Based on these negotiations and discussions, the Department of Public Works
staff recommends that the City of Muskegon grant a five-year contract
extension to Allied Waste Services from January 1, 2008, to December 31, 2012.
FINANCIAL IMPACT:     Estimated reduction in anticipated costs of $90,000 to
$95,000 per year.
BUDGET ACTION REQUIRED:       Concessions will be incorporated in the 2008
budget.
STAFF RECOMMENDATION: The Department of Public Works staff recommends
a five-year contract extension to December 31, 2012.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to
approve the five-year contract extension with Allied Waste Services from
January 1, 2008, to December 31, 2012.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
MOTION PASSES
      D. Agreement to Repair Ladder 44. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with Rosenbauer America,
LLC/General Safety Division to repair the ladder assembly on Ladder 44 (L44).
Rosenbauer will agree to make certain repairs to the truck and the City will be
required to transport the truck to and from the necessary repair facilities.
FINANCIAL IMPACT: Cost of transporting the truck to and from repair facilities
(approximately $5,190).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the City
Manager to execute it, and authorize the expenditure of funds to transport the
truck.
Motion by Commissioner Carter, second by Commissioner Wierengo to
approve the agreement with Rosenbauer America to repair Ladder 44.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
MOTION PASSES
      E. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 1660 Dyson (Garage), 316 E. Forest, and 2409 Crozier.
         PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, public nuisances and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for
the demolition of the structures and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
FINANCIAL IMPACT: General Funds for 1660 Dyson (garage) and 2409 Crozier.
CDBG Funds for 316 E. Forest.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to concur
with the Housing Board of Appeals notice and order to demolish 1660 Dyson
(garage) and 316 E. Forest.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and
           Gawron
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur
with the Housing Board of Appeals notice and order to demolish 2409 Crozier.
Motion by Commissioner Spataro, second by Commissioner Carter to table
action on 2409 Crozier to September 25, 2007.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Gawron, and
           Shepherd
            Nays: None
MOTION TO TABLE PASSES
ANY OTHER BUSINESS: Commissioner Spataro asked what the status of 790
Terrace is. Mark Kincaid will send an up-date.
2007-75 CLOSED SESSION: Property acquisition.
Motion by Commissioner Carter, second by Vice Mayor Gawron to go into
Closed Session to discuss property acquisition.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
           Nays: None
MOTION PASSES
Motion by Commissioner Wierengo, second by Commissioner Spataro to come
out of Closed Session.
ROLL VOTE: Ayes:   Wierengo, Carter, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:22 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk

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