City Commission Minutes 02-12-2008

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    FEBRUARY 12, 2008
    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, February 12,
2008.
   Mayor Warmington opened the meeting with a prayer from 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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Clara Shepherd (arrived at 5:35 p.m.)
2008-15 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, January 22nd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Recommendations for the Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee regarding appointments.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           The   Community         Relations   Committee
recommended approval at their February 4th meeting.
                                                                        PUBLIC
      C. Response Agreement-Department of Veteran Affairs Police.
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a cooperative agreement with the United States Department of
Veteran Affairs Police. This agreement, known as a “threshold agreement”,
coordinates public safety response to Veterans Affairs offices within the City,
specifically: 165 East Apple Avenue, Suite 201. There are no costs associated
with this agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      D. Project Safe Neighborhood Sub-award Agreement. PUBLIC SAFETY
SUMMARY OF REQUEST: The United States Department of Justice, Office of
Justice Programs, has awarded the Muskegon Police Department a $30,000
grant under the auspices of Project Safe Neighborhoods (PSN). PSN is a
nationwide, anti-gun initiative. We have been a member of the PSN Federal
Taskforce since its inception. The award money will be utilized to purchase
equipment and technology that will aid us in the forensic processing of guns.
The award is being administered by Grand Valley State University, who serves as
the Primary Awardee. The Director of Public Safety is asking that you authorize
him to sign the appropriate grant award documents.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      E. Traffic Department Materials and Services 2008. PUBLIC WORKS
SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission
for the joint purchase of various Traffic Department materials and services. We
have bid out these items with MCRC for the past eighteen years. By bidding
together with MCRC and other municipalities we are able to get better unit
prices because of larger quantity purchases.
FINANCIAL IMPACT:
Sign materials and services to be jointly bid:
Sign blanks - $1,400 approx.
Sign posts - $1,800 approx.
Sign sheeting - $2,000 approx.
Ready Made Signs - $2,000 approx.
Centerline painting - $17,000 approx.
Total - $24,200 ($24,800 in 2007)
BUDGET ACTION REQUIRED: None, this item is requested each year in the
appropriate Highway budgets.
STAFF RECOMMENDATION: Approve the continued joint purchasing with the
Muskegon County Road Commission for sign materials and services.
      F. Utility Boxes. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two truck utility boxes.
FINANCIAL IMPACT: Total Cost $8,850.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          Approve the purchase of two utility boxes from
Hoekstra Truck Equipment.
      G. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three 2008 Chevrolet Impalas
from Berger Chevrolet.
FINANCIAL IMPACT: $45,648.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three Chevrolet Impalas
from Berger Chevrolet.
      H. Purchase of 226 Catherine. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property at 226
Catherine from the Muskegon County Land Bank for the price of $600. The
parcel at 226 Catherine (City of Muskegon Revised Plat of 1903 W ½ Lot 7 Block
252) is currently owned by the Muskegon County Land Bank through the tax-
reversion process.
After the Community and Neighborhood Services Department legally obtains
the property at 226 Catherine, the parcel will be combined with the parcel at
218 Catherine, where the department recently completed a rehabilitation
project. A garage will now be built on the 226 Catherine site to accompany the
house at 218 Catherine. This will continue the City’s aggressive neighborhood
revitalization efforts.
FINANCIAL IMPACT: The $600 cost will come from the HOME funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           To approve the purchase from the Muskegon
County Land Bank.
                                                               COMMUNITY &
      I. Selection of Contractors for Fair Housing Analysis.
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve a contract with the Fair Housing Center of
Southeastern Michigan for the production of a housing impediment study for
Muskegon County, with special emphasis on the entitlement communities of
Muskegon, Muskegon Heights and the City of Norton Shores. The total cost of
the study is $29,000.
Since the aforementioned entitlement cities receive Community Development
Block Grant funds from the US Department of Housing and Urban Development,
all of the communities are required to produce an impediment study every two
to three years. Due to the significant cost of having the impediment study
completed, it has been agreed on by the three entitlement communities to
share the cost of the study. In addition, the entitlement communities have also
requested assistance from Muskegon County and several local banks.
At this time, the City of Muskegon’s contribution will be between $7,500 and
$10,000. It is hoped the cost can be decreased as more players are added to
the contribution list.
FINANCIAL IMPACT: The final cost will be deducted from CDBG Administration
Funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the CNS office to enter into a joint
contract with the two other entitlement communities and the Fair Housing
Center of Southeastern Michigan of Ann Arbor.
      J. Request for Encroachment Agreement for 379 W. Western Avenue.
         ENGINEERING
SUMMARY OF REQUEST: Sidock Systems, LLC has submitted an encroachment
agreement form requesting your permission to install a glass canopy 30’ long
and 7’ 6” deep which will extend approximately 3’ 6” into the Western Avenue
public right-of-way.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement to install
the canopy.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2008-16 PUBLIC HEARINGS:
      A. Spreading of the Special Assessment Roll for Knollwood Court, Beach
         Street to End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Knollwood Court from Beach Street to end and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $21,508.76 would be spread against the 13
parcels abutting the project. The amount being spread is roughly $10 per foot
below what the owners were expecting at the time of the creation of the
district.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the spreading of the special assessment roll for
Knollwood Ct. from Beach Street to the end.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      B. Create Special Assessment District for Roblane Avenue, Quarterline
         Road to Marlane Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Roblane Avenue, Quarterline Road to Marlane Street project,
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 to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
Public Hearing and create the special assessment district for Roblane Avenue,
Quarterline Road to Marlane Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Wierengo and Commissioner
Carter to the Board of Assessors.
      C. Create Special Assessment District for Dale Avenue, Sanford Street to
         Peck Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Dale Avenue, Sanford Street to Peck Street project, 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 to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and create the special assessment district for Dale Avenue,
Sanford Street to Peck Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Spataro and Vice Mayor Gawron
to the Board of Assessors.
2008-17 UNFINISHED BUSINESS:
      A. Amendment to the Zoning Ordinance – WM, Waterfront Marine Districts,
         Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
         (Tabled from January 22, 2008)
SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow an additional
special land use.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow an additional special land use in the WM, Waterfront Marine
zoning district.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January 10th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the amendment to the zoning ordinance.
Motion by Commissioner Wierengo, second by Commissioner Spataro to table
the amendment to the Zoning Ordinance Waterfront Marine Districts, Special
Land Uses Permitted and refer it back to staff.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION TO TABLE PASSES
2008-18 NEW BUSINESS:
      A. Sale of Property to the County of Muskegon. CITY MANAGER
SUMMARY OF REQUEST: To approve the sale of property to the County of
Muskegon for the construction of mental health facilities.
FINANCIAL IMPACT: The sale is for $1.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale and authorize the Mayor to
execute the Purchase Agreement and Quit Claim deed.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the sale of property to the County of Muskegon.
ROLL VOTE: Ayes:  Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Shepherd
            Nays: None
            Abstain: Spataro
MOTION PASSES
      B. Muskegon Events Committee. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A group of City Staff and representatives from Walker
Arena and the Convention & Visitors Bureau (CVB), have been meeting to plan
events for Muskegon. The goal of the Committee is to provide residents of the
area with events to attend and participate in, and to bring visitors to the area to
enjoy Muskegon’s natural resources, entertainment, dining, accommodations
and shopping opportunities. Generating major events in the City will also create
better usage of our City facilities (e.g., Walker Arena, beaches, parks). At this
time, the Events Committee requests that the City Commission formally
recognize the group as a Committee. This will assist in public relations, marketing
and fundraising efforts.
FINANCIAL IMPACT: None at this time. However, with major events being
generated in our community, the City will gain financially from visitors to the
area through revenues at the various venues offered (e.g. restaurants, hotels,
entertainment facilities).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To formally recognize the Muskegon Events
Committee. Members currently consist of : Jill Foreman (CVB), Tony Lisman
(Walker Arena), Ann Becker, Cathy Brubaker-Clarke, Lowell Kirksey, Bob Kuhn,
Bryon Mazade, Tim Paul, Doug Sayles, and Bernadette Young. Additional
members     may    be   added,    depending     on    the    events    being
developed/coordinated.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to recognize
the Muskegon Events Committee as proposed.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
                                                                              CITY
      C. Addition to 2008 Street Construction Plan – Beidler Street.
         MANAGER
SUMMARY OF REQUEST: To approve amending the 2008 street construction plan
to add Beidler Street between Laketon and Southern Avenues. Funds have
become available to do this project because Harbortowne Circle and Vincent
Drive were dropped for the 2008 construction season.
FINANCIAL IMPACT: Approximately $575,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the addition of Beidler Street to the 2008 street construction plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
     D. Municipal Service Agreement with Lac Vieux Desert Band of Lake
        Superior Chippewa Indians. CITY MANAGER
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Municipal Service Agreement with Lac Vieux Desert Band of Lake Superior
Chippewa Indians.
ROLL VOTE: Ayes: Wisneski, Carter, Shepherd, Spataro, and Warmington
           Nays: Gawron and Wierengo
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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