City Commission Minutes 04-14-2009

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        APRIL 14, 2009
    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 14,
2009.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
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,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann
Marie Becker. Commissioner Clara Shepherd arrived at 5:35 p.m.
2009-32 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 24th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. City – MDOT Agreement for the Reconstruction of Getty Street from
        Marquette Avenue to Access Highway. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the resurfacing
of Getty Street from Marquette Avenue to Access Highway 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
$209,500. The estimated total construction cost is $227,800.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
      C. City – MDOT Agreement for the Reconstruction of Harvey Street from
         Oak to Marquette. ENGINEERING
SUMMARY OF REQUEST:            To approve the contract with MDOT for the
reconstruction of Harvey Street between Oak and Marquette 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
$200,000. The estimated total construction cost is $331,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
      E. Intake Crib Inspection. WATER FILTRATION
SUMMARY OF REQUEST: To authorize staff to enter into a contract with Solomon
Diving, Incorporated, to perform the intake crib inspection project.
FINANCIAL IMPACT: The bid cost is $12,225 and is included in this year’s budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
authorize staff to enter into a contract with Solomon Diving, Incorporated, the
lowest responsible bidder, to perform the Intake Crib Inspection project at a cost
of $12, 225.
      F. Annual Sodium Hypochlorite Purchase. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to endorse the lowest responsible bidder
and enter into the necessary agreement for Rowell Chemical to supply the
needed sodium hypochlorite to the Water Filtration Plant.
FINANCIAL IMPACT: The cost of the sodium hypochlorite is $140.40 per ton.
BUDGET ACTION REQUIRED: None, this item is a planned budget purchase.
STAFF RECOMMENDATION: Authorize staff to endorse the bid of $140.40 per ton
from Rowell Chemical to supply sodium hypochlorite for the Water Filtration
Plant.
      G. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2009, at the Muskegon Country Club, 2801
Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the
event. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      H. Recommendations for the Various            Boards    and      Committees.
         COMMUNITY RELATIONS COMMITTEE
SUMMARY OF REQUEST: Concur with the Community Relations Committee
decision to appoint to the Citizen’s Police Review Board Charlotte Bradshaw
(Citizen at Large) and Carlos Flores (Minority Based Organization).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION:           The Community          Relations    Committee
recommended approval at their April 6th meeting.
      I. Multiple Special Events with Alcohol. LEISURE SERVICES
SUMMARY OF REQUEST: To approve the requests for the listed organizations who
are requesting a temporary liquor license or an extension of their liquor license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the
requests.
      J. Transmittal of 2008 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2008 Comprehensive Annual Financial Report
(CAFR) has been distributed to City Commissioners and made available for
public review. At this time, the CAFR is being formally transmitted to the
Commission in accordance with state law. The 2008 CAFR also includes the
“single-audit” of federal grant programs.
FINANCIAL IMPACT: The CAFR report summarizes the City’s financial activities for
2008 and includes the independent auditor’s unqualified opinion on the City’s
financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the 2008 CAFR.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read minus item D.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
2009-33 ITEM REMOVED FROM THE CONSENT AGENDA:
     D. City – MDOT Agreement for the Traffic Signal Upgrading Work.
        ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the traffic signal
upgrading work 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
$247,700. The estimated total construction cost is $247,700.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Wisneski, second by Commissioner Carter to approve
the MDOT Agreement for the traffic signal upgrading work.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
2009-34 PUBLIC HEARINGS:
                                                  PLANNING & ECONOMIC
     A. Parks and Recreation Master Plan.
           DEVELOPMENT
SUMMARY OF REQUEST: To adopt the updated Parks and Recreation Master
Plan.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and the checklist for the State.
COMMITTEE RECOMMENDATION: The Leisure Services Board held the public
hearing at their regular meeting of March 16, 2009. The Leisure Services Board
recommended approval at their special meeting of March 30, 2009, with
additional changes.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and adopt the Muskegon Parks and Recreation Master Plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
2009-35 NEW BUSINESS:
      A. Sale of Madison Street Fire Station, 1774 Madison. PLANNING &
         ECONOMIC DEVELOPMENT         ITEM REMOVED PER REQUEST OF STAFF
      B. Sale of Parking Lot to 297 Clay Condominium Owners Association, Inc.
         CITY MANAGER
SUMMARY OF REQUEST: To approve a sale of an existing parking lot adjacent to
297 Clay to 297 Clay Condominium Owners Association, Inc. for $20,000 under a
land contract. The property is currently leased for parking purposes for 297 Clay.
FINANCIAL IMPACT: Sale of property for $20,000 under a land contract plus
back taxes and past due rent.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale and authorize the Mayor and
Clerk to sign all documents necessary for this transaction.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sale of the parking lot to 297 Clay Condominium Owners Association, Inc.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      C. Collective Bargaining Agreement with Service Employees International
         Union (SEIU) Local 517M, Unit 2, for Years 2009 – 2011. CITY MANAGER
SUMMARY OF REQUEST: To approve the tentative agreements with SEIU Local
517M, Unit 2, for years 2009-2011.
FINANCIAL IMPACT: Information provided separately.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the tentative agreements and authorize
the Mayor and Clark to execute the agreement.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Collective Bargaining Agreement with Service Employees International Union
(SEIU) Local 517M, Unit 2, for the years 2009-2011.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
      D. Community Action Trailer. CITY CLERK
SUMMARY OF REQUEST: The Community Promotion Committee has located
sponsors and is requesting to place the removable banner on the trailer
promoting the trailer as a community cleanup trailer. It is hoped that the
advertisement will bring forth more organizations willing to donate their time to
provide lawn care services in various locations at no cost. Areas may include
places such as Seaway Drive, downtown, neighborhood associations, etc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Director and Assistant Director of Public Works
met with the Community Promotion Committee of the Muskegon Chamber last
summer regarding the project and the City Clerk serves on the committee. All
recommended approval.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the work to be done to the Community Action Trailer.
ROLL VOTE: Ayes:     Gawron, Shepherd,       Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
2009-36 ANY OTHER BUSINESS: Commissioner Spataro asked to reconsider the
motion from last night to authorize the expenditure of $800 for an ad in the
upcoming Sesquicentennial Magazine in the Chronicle.
Motion by Commissioner Spataro, second by Vice Mayor Gawron that the City
purchase a half-page ad in the Muskegon Chronicle commemorating the 150
year Sesquicentennial of Muskegon County.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, and Gawron
            Nays: Shepherd and Wisneski
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 5:59 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk

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