City Commission Minutes 04-11-2006

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        APRIL 11, 2006
    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, April 11,
2006.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest 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,
Commissioner Chris Carter, Kevin Davis, Clara Shepherd, Lawrence Spataro, and
Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2006-34 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, March 28, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Appointment to the City Employee’s Pension Board and the Police &
        Fire Retirement Board. CITY CLERK
SUMMARY OF REQUEST: To appoint G. Thomas Johnson to the City Employee’s
Pension Board and the Police & Fireman’s Retirement Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointment.
COMMITTEE RECOMMENDATION:        The Community Relations          Committee
recommended the appointment at their March 6th meeting.
     C. Approval of the Use & Maintenance of City Owned Property at 1561
         Albert Avenue for a Garden by Marquette Neighborhood Association.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1561 Albert Avenue for a community garden. The
property is a buildable lot. The City would retain the right to sell the property
with the Marquette Neighborhood Association having time to remove the
garden prior to any sales. The Marquette Neighborhood Association has
proposed a vegetable garden with flowers. 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 garden will be
maintained weekly.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
Marquette Neighborhood Association, the City would not need to maintain the
property while the garden is at the location.
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.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee, at their
regular meeting of March 28, 2006, stated that if this garden follows what Sacred
Suds will be doing, then this may go directly to the City Commission for approval
due to the timeline for planting season.
      D. Approval of the Use & Maintenance of City Owned Property at 1728 &
         1734 Terrace Street & 274 E. Larch Avenue for a Garden by Sacred
         Suds. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1728 & 1734 Terrace Street and 274 E. Larch Avenue
for a community garden. The properties are contiguous and together create a
buildable lot. The City would retain the right to sell the property with Sacred
Suds having time to remove the garden prior to any sales. Sacred Suds has
proposed a vegetable garden with flowers. 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 garden will be
maintained weekly. Sacred Suds is located diagonally from this property (their
address is 289 E. Larch).
FINANCIAL IMPACT: None. By having the maintenance agreement with Sacred
Suds, the City would not need to maintain the property while the garden is at
the location.
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.
COMMITTEE RECOMMENDATION:            The Land Reutilization Committee
recommended approval of the use of the property for a garden to Sacred Suds
at their regular meeting of March 28, 2006.
      E. Grant Application for Transportation Economic Development Fund
         Category F. ENGINEERING
SUMMARY OF REQUEST: Authorize staff, by adopting the resolution, to submit a
Transportation Economic Development Fund Category – F Grant application
requesting funds for the reconstruction of Park Street between Hackley & Young.
This project, if approved, will be submitted as a joint application between the
City and Muskegon Heights since the street is equally owned by both
communities. Local share, which is estimated at $48,000, for the project will be
equally divided between the two cities with each picking up $24,000 plus one
half of the engineering cost.
FINANCIAL IMPACT: The estimated construction share of $24,000 plus one half of
the engineering cost.
BUDGET ACTION REQUIRED: None at this time. However, should you authorize
the submittal; the project will appear on the upcoming CIP for 2007.
STAFF RECOMMENDATION: Authorize staff to submit the grant application.
      F. City-Michigan Department of Transportation Agreement for Non-
         Motorized Pathway, Bike Path Phase I (McCracken to Shoreline).
         ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the construction of a Non-Motorized Pathway (bike path
phase I) from McCracken Street to Shoreline Drive and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: Michigan Department of Transportation’s participation of
federal money is caped at $799,370 but not to exceed 50% of eligible cost. The
estimated total construction cost (with engineering) of the project, including the
state’s department of natural resources (MDNR) grant, is $1,800,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
      G. Consideration of Bids: Denmark, Crozier to Lakeshore Drive (H-1613)
         ENGINEERING
SUMMARY OF REQUEST: Award the paving, using the concrete alternate for the
block between Harrison and Lakeshore, and underground utility construction
contract (H-1613) for the reconstruction of Denmark between Crozier and
Lakeshore Drive to Wadel Stabilization out of Hart since they were the lowest,
responsible bidder with a bid price of $454,897.70.
FINANCIAL IMPACT: The construction cost $454,897.70 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Wadel Stabilization.
      H. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
         WORKS
SUMMARY OF REQUEST:
    Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking
Company, PO Box 8, Ferrysburg, MI 49409.
      Award bid to supply road slag to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409.
      Award bid to supply Sylvax patching material (CP-6 alternative) to Asphalt
Paving, Inc., 1000 E. Sherman Blvd., Muskegon, MI 49440.
      Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.,
1000 E. Sherman Blvd., Muskegon, MI 49444.
       Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter
salting) to Liquid Dustlayer, Inc., PO Box 188, Manistee, MI 49660.
      Award bid to supply screened top soil to Felco Contractors, 874 Pulaski
Ave., Muskegon, MI 49441.
      Award bid to supply 7-sack mix concrete to Port City Redi-Mix Company,
1780 Sheridan Road Muskegon, MI 49442; contingent upon product availability,
timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $146,500 based on 2005 quantities at 2006 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
2006-35 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Fifth Street, Merrill Avenue to
         Muskegon Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Fifth Street, Merrill Avenue to Muskegon Avenue, and to create
the special assessment district and appoint two City Commissioners to the Board
of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:42 p.m. and create the special assessment district for Fifth
Street, Merrill to Muskegon.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
Commissioner Spataro and Shepherd were appointed to the Board of Assessors.
2006-36 UNFINISHED BUSINESS:
      A. SECOND READING: Zoning Ordinance Amendment to Article XXII,
         Nonconforming Uses. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2200, 2201, 2202, 2203, and
2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Article XXII
(Nonconforming Uses) of the Zoning Ordinance.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their March 16th meeting. The vote was
unanimous in favor of the amendment, with J. Aslakson and T. Michalski absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
zoning ordinance amendment to Article XXII.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and
           Gawron
            Nays: Davis
MOTION PASSES
2006-37 NEW BUSINESS:
      A. Transmittal of 2005 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2005 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time, the
CAFR is being formally transmitted to the Commission in accordance with state
law. The 2005 CAFR has been prepared in accordance with Governmental
Accounting Standards Board (GASB) 34 accounting standards. The 2005 CAFR
also includes the “single-audit” of federal grants.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial
activities for 2005 and includes the independent auditor’s unqualified opinion on
the City’s financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2005 CAFR.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the 2005 Comprehensive Annual Financial Report.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Selection of Architect for Arena Clubroom. FINANCE
SUMMARY OF REQUEST: Proposals were received from four area architectural
firms for design and construction oversight services for the proposed Walker
Arena clubroom facility:
      Bosma Architects       -     $19,600
      C. Richard Borgeson -        $15,000
      Hooker DeJong          -     $18,750
      Sidock Group           -     $30,000
A selection committee comprised of staff and arena personnel interviewed
each firm to gain better understanding of their qualifications and vision for the
project. After going through this process, it is recommended that Hooker,
DeJong be selected as architect. Hooker was one of the top two firms selected
by all four committee members.
FINANCIAL IMPACT: The project will be funded through an internal borrowing
targeted at $300,000, including architect fees. All architects agreed the project
is achievable within that budgeted figure. When construction bids are received
and the City Commission gives final approval for the project, an internal loan will
be set up with specific payback terms.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Selection of Hooker, DeJong as architect.
Motion by Commissioner Spataro, second by Commissioner Shepherd to select
Hooker, DeJong as the architect contingent upon City Attorney’s approval of the
contract.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Shepherd, and Spataro
            Nays: Wierengo and Davis
MOTION PASSES
      C. Water Filtration Plant Improvements Project Final Change Order #11.
         WATER FILTRATION PLANT
SUMMARY OF REQUEST: Request endorsement of the Final Change Order, #11,
to close out the Water Filtration Plant Improvements Project.
FINANCIAL IMPACT: The change order is in the amount of $68,253.
BUDGET ACTION REQUIRED: The funding will come from the Water Fund.
STAFF RECOMMENDATION: Staff recommends approval of the final change
order #11 for the Water Filtration Plant Improvements Project in the amount of
$68,253.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the final change order.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. 2006-2007 Community Development Block            Grant and Home
         Investment Partnership Program Funding.          COMMUNITY AND
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to make their final allocation
decision concerning the 2006-2007 Community Development Block
Grant/HOME Partnership Program allocations for this coming fiscal year. The
Commission has received the recommendations from the Citizen’s District
Council and the City administration. The Commission made their preliminary
recommendations during the March 14, 2006, City Commission Meeting. After
receiving the Commissions final allocation decision, the Community and
Neighborhood Services office will amend the City’s 2006-2007 Action Plan if
needed and continue the comment period until April 17, 2006. At that time, the
Community and Neighborhood Services staff will request the United States
Department of Housing and Urban Development for the Release of Funds for the
2006-2007 fiscal year to begin June 1, 2006.
FINANCIAL IMPACT:         The decision will determine how the Community
Development Block Grant/HOME Partnership Program funding will be allocated
for the 2006-2007 fiscal year.
BUDGET ACTION REQUIRED: The Commission actions will establish the fiscal years
budget.
STAFF RECOMMENDATION:         The    Commission    previously   received   the
administration recommendations.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the preliminary recommendation as final.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      E. Approval of the 2006-2007         Action   Plan.     COMMUNITY      AND
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the 2006-2007 Action Plan for the City of
Muskegon Community Development Block Grant/HOME Partnership Program
activity. If the Action Plan is approved, the Community and Neighborhood
Services office will continue the comment period of the Action Plan as
amended if needed until May 30, 2006. On or after April 17, 2006, the
Community and Neighborhood Services office will deliver the Action Plan to the
United States Department of Housing and Urban Development as required in
order to request the Release of Funds for the 2006-2007 fiscal year.
FINANCIAL IMPACT: Action Plan establishes the 2006-2007 budget.
BUDGET ACTION REQUIRED: None at this time, budget established by Action
Plan.
STAFF RECOMMENDATION: To approve the Action Plan as is or as amended.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the 2006-2007 Action Plan.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      F. Consideration of Bids: Beach Leveling. PUBLIC WORKS
SUMMARY OF REQUEST: We received five bids for the beach-leveling contract
for Pere Marquette Park. The lowest bidder, Hitsman Enterprises, failed to submit
the bid bond as required by the contract. The other four bidders did not include
bids for 2007 and 2008. Due to the irregularities in the bids submittal, staff is
requesting rejection of all bids and authorization to re-bid the project. However,
if the Commission decides to waive these irregularities, we suggest that Hitsman
Enterprises be awarded a one-year contract, since they were the lowest bidder
with a bid price of $48,000. We would then re-bid the project in 2007.
FINANCIAL IMPACT: $48,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Reject all bids.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to waive
irregularities and award the bid to Hitsman Enterprises for one year.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, and Wierengo
            Nays: Carter and Davis
MOTION PASSES
2006-38 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Spataro, second by Commissioner Shepherd to go into
Closed Session at 7:02 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to come
out of Closed Session at 7:37 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:38 p.m.


                                         Respectfully submitted,




                                         Gail A. Kundinger, MMC
                                         City Clerk

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