City Commission Minutes 06-26-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JUNE 26, 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, June 26,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest Church of God 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 Lawrence Spataro, Sue Wierengo, Chris Carter, Kevin Davis, and
Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter
2007-52 INTRODUCTIONS/PRESENTATION:
     A. 2007 Julia E. Hackley Interns. AFFIRMATIVE ACTION
Dwana Thompson, Affirmative Action Director, introduced William Vauters who is
working in the Planning Department and Brittany Tillman (not present) who is
working in the Clerk’s Office
2007-53 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 11th Commission
Worksession, and the June 12th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Fireworks Display – Muskegon Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a
fireworks display permit for July 4th and July 8th at the Muskegon Summer
Celebration. Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
      C. 2007 Wage Matrix for Non-Union              Part-Time    and     Limited-Term
         Employees. CIVIL SERVICE
SUMMARY OF REQUEST: Due to an oversight of information submitted in
December 2006, the 2007 Wage Matrix for Non-Union Part-Time and Limited-
Term Employees requires a mid-year adjustment for the seasonal Recreation
Aide. With the current Michigan minimum wage at $6.95 an hour, on July 1,
2007 it increases to $7.15 an hour. The present pay range for the seasonal
Recreation Aide is :
      Step 1   Step 2   Step 3    Step 4    Step 5     Step 6     Step 7
      $5.50    $5.75    $6.00     $6.25     $6.50      $6.75      $7.00
The top of the range only just meets the current state requirements and
becomes inadequate as of July 1, 2007.
As proposed, the pay range below adequately addresses the new pay
requirements as well as anticipated future wage mandates, considering that the
federal minimum wage is expected to rise to $7.25 per hour by 2008 and the
Michigan minimum wage is scheduled to rise to $7.40 per hour as of July 1, 2008.
The below proposed range also allows for employee year-to-year wage
progression, if called for.
      Step 1   Step 2   Step 3   Step 4    Step 5        Step 6    Step 7
     $7.25      $7.50   $7.75    $8.00     $8.25        $8.50      $8.75
FINANCIAL IMPACT: Accounted for in current budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of request.
      D. FIRST READING: Amendment to the Zoning Ordinance – Section 300
         (Districts) of Article III. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 300 (Districts) of Article III
(Zoning Districts and Maps) of the zoning ordinance to remove the reference to
the Heritage District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of                        the   Zoning
Ordinance to Section 300, Article III to remove the reference to the Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 14th meeting. The vote unanimous.
      E. FIRST READING: Amendment to the Zoning Ordinance – Remove H,
         Heritage District Reference from Table I. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Table 1 (Heights, Areas, and Yards)
and Table Notes, # 6 of the zoning ordinance to remove the reference to the
Heritage zone.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to the Heritage zone from Table 1 and
Table Notes, # 6.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 14th meeting. The vote was unanimous.
      I. City – MDOT Agreement for Federal Money Loan to Reconstruct
         McGraft Park Road, Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract for the
federal funds loan from the state.
The advantage on this project is that this whole agreement is merely a paper
work matter since the city could not have spent any construction money
against the federal funds to accrue any interest until those funds become
available.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the Major Street and water funds as will be shown in the 2008
budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
      K. Request for Encroachment Agreement for Cable Installation on Roberts
         Street. ENGINEERING
SUMMARY OF REQUEST: West Shore Cardiology Consultants has submitted an
encroachment agreement form requesting your permission to install 66’ of 2”
PVC conduit (housing a 50x24 copper cable and a 6 fiber cable) under Roberts
Street 318’ north of the centerline of Sherman Blvd. to connect the
communication line between the two buildings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with
supplemental conditions and compliance with required insurance coverage.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items F, G, H, J and L.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
2007-54 ITEMS REMOVED FROM THE CONSENT AGENDA:
      F. Approval of the Use & Maintenance of City Owned Property at 1441
         Hoyt & 360 E. Isabella by the Healthy Neighborhoods Project.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1441 Hoyt Street and 360 E. Isabella for a community
garden. The properties are buildable and the City would retain the right to sell
the properties with the Healthy Neighborhoods Project having time to remove
the garden prior to any sales. The Healthy Neighborhood Project has proposed
a garden with flowers at both locations. The neighborhood residents will be
involved in the garden and the maintenance. All gardening tools will be stored
off site. There will be no permanent structures on the site. The Healthy
Neighborhoods Project has committed to maintaining the gardens.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
Healthy Neighborhoods Project, the City would not need to maintain the
properties while the gardens are located on the properties.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and maintenance agreement.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the use and maintenance agreement for the City-owned property
located at 1441 Hoyt Street and 360 E. Isabella by the Healthy Neighborhoods
Project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
            Wierengo
            Nays: None
MOTION PASSES
      G. Interagency Agreement with Muskegon County Community Mental
         Health. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
enter into an agreement with Muskegon County Community Mental Health for
purposes of participating in a Jail Diversion/Mental Health Intervention program.
All law enforcement agencies within Muskegon County have been asked to
participate in this program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
interagency agreement with Muskegon County Community Mental Health.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd
            Nays: None
            Abstain: Spataro
MOTION PASSES
      H. Approval of 2007 & 2008 Contract with Norton Shores for the
         Administration of their Community Development Block Grant Program.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the
agreement between the City of Muskegon and the City of Norton Shores. In
reference to the City of Muskegon’s Community and Neighborhood Services
office administrating the Norton Shores CDBG program for the 2007-2008 fiscal
year.
The total amount that the City of Muskegon will receive for administrating the
program is $22,500 (twenty-two thousand five hundred.)
FINANCIAL IMPACT: Funding will be added to the City’s Administration funds.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION:          To direct the Mayor and City Clerk to sign the
agreement.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
2007 & 2008 contract with Norton Shores for the administration of their
Community Development Block Grant Program.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      J. City – MDOT Agreement for the Reconstruction of McGraft Park Road,
         Glenside to Addison. ENGINEERING
SUMMARY OF REQUEST:            To approve the contract with MDOT for the
reconstruction of McGraft Park Road from Glenside to Addison and to approve
the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the federal funds of
$197,558 and $49,390 of state funds (Local Jobs Today Grant) for a total grant of
$246,948. The estimated total construction cost, without engineering, is $286,100.
The engineering cost is estimated at an additional 15% of the construction cost.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the Major Street fund as will appear in the 2008 budget.
STAFF RECOMMENDATOIN: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
City – MDOT agreement for the reconstruction of McGraft Park Road, Glenside to
Addison.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      L. Request for Encroachment Agreement for Lighted Sign on Pine Street.
         ENGINEERING
SUMMARY OF REQUEST: Bakker Auto Trim at 90 Hartford Ave. has submitted an
encroachment agreement form requesting your permission to install a lighted
sign on their building which will encroach over the sidewalk on Pine St. for
approximately 18”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
encroachment agreement for a lighted sign on Pine Street for Bakker Auto Trim.
ROLL VOTE: Ayes:    Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
            Warmington
            Nays: None
MOTION PASSES
2007-55 NEW BUSINESS:
      A. Jurisdictional Transfer with Michigan Department of Transportation.
         CITY MANAGER
SUMMARY OF REQUEST: To approve the Memorandum of Understanding (MOU)
with the Michigan Department of Transportation (MDOT) for the jurisdictional
transfer of the current US 31 Business Route (Muskegon and Webster Avenues) to
the City and transfer Shoreline Drive to MDOT, and authorize the Mayor to sign
the MOU. When this transfer transaction is complete, it will enable Shoreline
Drive to become the business route and will return Muskegon and Webster
Avenues to residential streets.
FINANCIAL IMPACT: Remaining Build Michigan III grant funds will be available to
the City to fund eligible street work.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the MOU and the resolution authorizing
the Mayor to sign the MOU.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the jurisdictional transfer with the Michigan Department of Transportation.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Engineering Agreement for Engineering Services with Wade Trim.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim Inc. out of Grand Rapids to provide design, plans,
specifications and bidding documents for the Muskegon & Webster conversion
into two way streets. The scope of services consists of new traffic signals at 7th
Street as well as signal modifications at Terrace Street for a total fee of $18,600.
Wade Trim is being recommended for four main reasons:
   A- We already have a contract with them for two other projects, signal
      installation at Harvey and Marquette and traffic signals modifications
      along Laketon Ave. Corridor on with they have done an excellent job
      thus far.
   B- Wade Trim is the engineer that assembled the conceptual plans of the
      conversion and provided recommendations which have been reviewed
      by the downtown group and the state.
   C- The proposed fee of $18,600 is very reasonable.
   D- Deadline to meet the community’s desire to convert Muskegon & Webster
      into two way streets shortly after Labor Day of this year makes it difficult to
      solicit and review other proposals at this time.
FINANCIAL IMPACT: The engineering fee of $18,600 for the design and
specifications plus construction engineering at an additional 15%.
BUDGET ACTION REQUIRED: None, the cost is budgeted for.
STAFF RECOMMENDATION:          Authorize staff to enter into an agreement with
Wade Trim Inc.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
staff to enter into an engineering services agreement with Wade Trim Inc. for the
Muskegon and Webster conversion into two way streets.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      C. Liquor License Transfer - D & L of Michigan, LLC, 435-441 W. Western
         Avenue. CITY MANAGER
SUMMARY OF REQUEST:          Recommend approval to the Liquor Control
Commission of a request from D & L of Michigan, LLC, to transfer ownership of
the 2006 Class C Licensed Business with Dance Permit, located in escrow at 3621
Getty, Norton Shores, MI 49444, from North-Saylor, Inc.; transfer location to 435-
441 W. Western Avenue, Muskegon, MI 49440, Muskegon County; cancel existing
Outdoor Service (1 area); requests a new SDM License to be held in conjunction;
and requests a New Entertainment Permit and New Outdoor Service (1 area).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve, final inspections are complete.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the liquor license transfer for D & L of Michigan, LLC, at 435-441 W. Western
Avenue.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Davis commented on the Farmer’s Market.
Commissioner Spataro commended the Mayor, City Manager, City Attorney,
and Public Safety Director on the handling of the Sieradzki house situation.
Commissioner Shepherd commented on the Taste of Muskegon event.
Commissioner Wierengo recommended a member of staff attend the Lead
Conference.
                        comments were heard reference safety at Pere
PUBLIC PARTICIPATION:
Marquette and the demolition of the Sieradzki house.
ADJOURNMENT: The City Commission Meeting adjourned at 7:13 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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