City Commission Minutes 07-24-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                            JULY 24, 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, July 24, 2007.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
Stephen Gawron 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,
Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Carter, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-60 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 9th Commission
Worksession, and the July 10th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      C. FIRST READING:     Amendment to the Zoning Ordinance – Clarify
         “Horizontal Plane”. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens, and Lighting, # 20, d) of Article XXIII (General Provisions) clarifying
the “horizontal plane” of a light fixture.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding horizontal plane.
COMMITTEE RECOMMENDATION:              The Planning Commission recommended
approval of the request at their July 12th meeting. The vote was unanimous with
T. Harryman and B. Smith absent.
       F. Urban Renewal Plan Project R-134. COMMUNITY & NEIGHBORHOOD
          SERVICES
SUMMARY OF REQUEST: To request Commission to instruct Wilmern Griffin, City of
Muskegon Community and Neighborhood Services Director, to sign the affidavit
that to the best of his knowledge the U.S. Department of Housing and Urban
Renewal has signed off on the Urban Renewal Plan Project R-134. Therefore, the
redevelopment of the downtown site can continue without any title issues.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
                                                                  COMMUNITY &
       G. Lead Based Paint Abatement at 218 Catherine.
          NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Specialty Builders of 2434
Annette, Muskegon, Michigan, for the lead base paint abatement of the city-
owned home at 218 Catherine for the cost of $21,750.
The City received two additional bids:
•   DeRose Builders, of 7786 Wiczer Drive, Whitehall, Michigan, for $24,550
•   Statewide Abatement of 1720 Creston Avenue, Muskegon, Michigan for
    $27,800
After the lead base paint abatement is complete the structure will be totally
rehabilitated and then sold to a qualified low to moderate-income homebuyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2007-2008
HOME budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with Specialty Builders of Muskegon, and direct the
Mayor and Clerk to sign the contract.
       H. Approval of Contractor for Rehabilitation of House at 218 Catherine.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with J2 Development, 109
West Laketon, Muskegon, Michigan, for the completion of the rehabilitation to
be located at 218 Catherine, for the cost of $52,511.
After the total rehabilitation is completed the home will be sold to a qualified
first-time homebuyer, continuing the City’s aggressive neighborhood
revitalization efforts in the Angell neighborhood area under the Operation: “A
Place you call Home”.
The City received five additional bids:
•   DH Construction of 3680 Ryerson, Twin Lake, Michigan, for $54,003
•   Lewis Johnson of 16976 Bonita Court, Grand Haven, Michgan, for $58,800
•   Specialty Builders 2434 Annette Avenue, Muskegon, Michigan, for $63,207
•   Obenauf DePender Construction LLC of 4471 Thompkins Trail, Muskegon,
    Michigan, for $71,220
•   DeRose Builders of 7786 Wiczer Drive, Whitehall, Michigan, for $78,552
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
2007-2008 HOME funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with J2 Development, 109 W. Laketon, and direct
the Mayor and Clerk to sign the contract.
       I. Approval of Contractor for Construction of new House at 539 Orchard.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST:        To approve the contract with Murphy Brothers
Construction, 2519 McArthur, Muskegon, Michigan for the construction of the
new home to be located at 539 Orchard for the cost of $110,994. After the
construction is completed, the new home will be sold to a qualified first-time
homebuyer continuing the City’s aggressive neighborhood revitalization efforts
in the Angell Neighborhood under the Operation “Community Uprising”.
The City received six other bids:
DeRose Builder, 7786 Wiczer Drive, Whitehall, MI         $115,318.00
Beattie Brothers Builder, 2786 Holton, Whitehall, MI     $120,222.17
Specialty Builders, 2434 Annette, Muskegon MI            $131,043.65
Holden Construction, 601 Amity, Muskegon, MI             $135,663.00
Lakeshore Construction, 8253 S. 116th, Rothbury, MI      $139,250.00
Rich Construction, 28 E. Main, Fremont, MI               $137,674.09
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
2007-2008 HOME funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contact with Murphy Brothers Construction and direct the
Mayor and Clerk to sign the contract.
       K. Budgeted Meter Reading Equipment Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two SSI AR 5000 Solid State
Interrogators - Hand Held Meter Reading Units. Currently the City owns four
hand held meter reading units. Two meter reading units are 14 years old and
two units were replaced last year. This proposal is intended to replace the two
14 year old units.
FINANCIAL IMPACT: Total cost $9,200.
BUDGET ACTION REQUIRED: None, included in 2007 Budget.
STAFF RECOMMENDATION: To approve purchase from Etna Supply.
      N. Request for an       Encroachment    Agreement    –    Lorin   Industries.
         ENGINEERING
SUMMARY OF REQUEST: Lorin Industries has filed the enclosed encroachment
agreement form to install three monitoring wells in the public right of way of
Keating Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
      O. Request for     an   Encroachment     Agreement       on   Third   Street.
         ENGINEERING
SUMMARY OF REQUEST: Muskegon Main Street has requested your permission to
place three open bottom planters along Third Street. The planters will be filled
with grade 6A gravel topped with landscape fabric, soil, and perennial flowers.
Muskegon Main Street and the businesses along the Third Street corridor will
jointly maintain the planters.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented minus items B, D, E, J, L, and M.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
2007-61 ITEMS REMOVED FROM THE CONSENT AGENDA:
      B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Kevin Eden to rehabilitate a home in
the Nelson neighborhood at 372 W. Muskegon Avenue. The home is located in
a Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $46,400. The addition of a new foundation (complete
basement), new front porch with steps, new sidewalks (from the front and side
doors to the sidewalk at the street), new rear porch steps, reconstruction of front
porch brick columns and stone work, new concrete parking slab, and a new
roof for the home. The applicant has met local and state requirements for the
issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 11
years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
Motion by Commissioner Davis, second by Commissioner Shepherd to approve
the Neighborhood Enterprise Zone for 372 W. Muskegon Avenue.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      D. FIRST READING: Rezoning Request for Property Located at 1024 Sophia
         Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1024 Sophia
Street, from R-1, One Family Residential District to B-2, Convenience and
Comparison Business 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 July 12th meeting. The vote was unanimous, with
T. Harryman and B. Smith absent.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the rezoning request for property located at 1024 Sophia Street.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      E. Water Plant Reliability Study. WATER FILTRATION
SUMMARY OF REQUEST: To enter into contract with the engineering firm of
Fishbeck, Thompson, Carr & Huber for performance of the Water Filtration Plant
Reliability Study.
FINANCIAL IMPACT: The professional proposal cost is $46,238.
BUDGET ACTION REQUIRED: The study cost is to be paid by the capitol
improvements section of the water fund.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
enter into contract with Fishbeck, Thompson, Carr & Huber for performance of
the Water Filtration Plant Reliability Study at a cost of $46,238.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
water plant reliability study contract with Fishbeck, Thompson, Carr & Huber.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      J. Well Installation. CEMETERY
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Brass-
Mar Water Wells Inc. out of 13427 Fruit Ridge, Kent City, since they were the
lowest responsible bidder with a bid price of $25,043.
FINANCIAL IMPACT: Cost of drill/installing one well of $25,043.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Brass-
Mar Water Wells Inc.
Motion by Commissioner Davis, second by Vice Mayor Gawron to approve the
agreement with Brass-Mar Water Wells for the well installation.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      L. Service Agreement with Muskegon Heights. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize the Mayor and Clerk to sign the agreement
with Muskegon Heights to maintain their fleet.
FINANCIAL IMPACT: Potential revenue of $20,000 to $30,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the service agreement with Muskegon
Heights and authorize the Mayor and Clerk to sign the agreement.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the service agreement with Muskegon Heights.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      M. Transfer Ownership of Sanitary Sewer. PUBLIC WORKS
SUMMARY OF REQUEST: For many years the City of Muskegon has owned and
maintained a sanitary sewer that is a collection sewer for three cities. This sewer
line was most likely overlooked when local lines were turned over to the County
of Muskegon during the original Wastewater Project. This line is used by both the
City of Norton Shores and the City of Roosevelt Park and no interagency
agreement for joint maintenance was ever executed.
FINANCIAL IMPACT: The potential of future maintenance expense will now be
shared by all users rather than just the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Recommend that the City of Muskegon transfer
ownership of this collection sanitary sewer to the Muskegon County Wastewater
System.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
transfer of ownership of the sanitary sewer to the County of Muskegon.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
2007-62 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – ADAC
         Plastics. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ADAC
Plastics, 1801 E. Keating Avenue, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1801 E. Keating,
Muskegon. The total capital investment is approximately $500,000 in personal
property and $2,775,000 in real property. This request qualifies ADAC Plastics for
a term of twelve years for real property and six years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve years for real property and
six years for personal property. In addition, the City’s Affirmative Action Director
met with ADAC staff to discuss their affirmative action plan on Friday, July 20.
The Public Hearing opened to hear and consider any comments from the
public. Leland Davis, 1148 Terrace Manor, commented.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for ADAC Plastics.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
2007-63 NEW BUSINESS:
      A. Extension of Time Period for Existing Renaissance Zone Parcels.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Last year, PA 440 (HB 5942) amended the Michigan
Renaissance Zone Act (PA 376 of 1996) to allow for the extension of time for one
or more portions of existing Renaissance subzones. In order for any extensions to
be approved by the State, the local municipality must first grant approval. In
addition, the development must be new to the zone and it must be shown that
the existing renaissance zone has not experienced significant development.
Staff if aware of a few projects that will be seeking Renaissance Zone extensions.
Therefore, City Commission is asked to approve the Policy for “Extension of Time
Period for Existing Renaissance Zone Parcels”. Any and all requests for individual
extensions will require an Agreement between the property owner/developer
and the City, and will be presented to the City Commission for approval.
FINANCIAL IMPACT: None at this time, but approval of the Policy should
generate additional development within the Muskegon Renaissance Zones.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Policy.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the policy for extension of time period for existing Renaissance Zone parcels.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      B. Request to Purchase Office Furniture. PUBLIC SAFETY
SUMMARY OF REQUEST: Fire Department staff is requesting approval by the
Commission to allow for the procurement of office furniture for the new Central
Fire Station. The low bid, which meets all stated specifications, was submitted by
Lakeshore Office Furniture, 2615 Temple Street, Muskegon, MI 49444. The bid
price submitted by Lakeshore is $6,504.20.
FINANCIAL IMPACT: Funds for this purchase are provided for in the building fund
for the new Central Fire Station.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the request to purchase office furniture for the new Central Fire Station.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
                              Three items - property acquisition and discuss
2007-64 CLOSED SESSION:
attorney client privilege.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
three separate Closed Sessions to discuss property acquisition and attorney
client privilege.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to come out
of Closed Session.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:10 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk

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