City Commission Minutes 10-28-2008

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 28, 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, October 28,
2008.
   Mayor Warmington opened the meeting with a prayer from Pastor Leslie Lew
from the Lakeside 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2008-89 HONORS AND AWARDS:
      A. Employee Service Awards. CIVIL SERVICE
Shontea Jenkins, Civil Service Commissioner, introduced the City employees.
The Mayor and Commissioners thanked them for their years of service.
2008-90 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 13th Commission
Worksession, and the October 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
                                                                        PUBLIC
      B. Contract Agreement – Lockers – The Casper Corporation.
         SAFETY
SUMMARY OF REQUEST:       The Director of Public Safety requests that the
Commission consider the bid for lockers for the men’s locker room in the Police
Department. The bid was submitted by The Casper Corporation of Kalamazoo,
Michigan.
Due to the layout of the locker room, The Casper Corporation is the only vendor
who could provide the style of locker (built-in locking storage and bench) that
will function in conjunction with the design. This is the same company that
provided lockers for the women’s locker room in 2007. Cost for the lockers (62)
as proposed by Casper is $66,976.
FINANCIAL IMPACT: This project is part of the 2009 capital improvement fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
      C. Rezoning Request for Properties Located at 2320 and 2350 S. Getty
         Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 2320 and
2350 S. Getty, from B-4, General Business District to I-2, General Industrial 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 October 16th meeting. The vote was unanimous
with B. Smith and J. Aslakson absent.
      D. Rezoning Request for Properties Located in Area 8 Bounded by Keating
         Ave., Madison St., Holbrook Ave. and S. Getty St. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located in the
City of Muskegon Continental Addition bounded by Keating Avenue, Madison
Street, Holbrook Avenue and S. Getty Street.
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 October 16th meeting. The vote was unanimous
with B. Smith and J. Aslakson absent.
      E. Resolution to Adopt Identity Theft Program Policy. TREASURER
SUMMARY OF REQUEST: To approve the resolution adopting an Identity Theft
Policy Program in accordance with Federal Regulations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and policy.
      F. Meter Reading Radio Equipment Purchase 2009. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 11,000 Meter (MXU) Radio
Transceiver Units and one (VXU) Vehicle based reading unit during the year
2009. This proposal will complete the process of installing radio read technology
to all residential customers. It is the intent of the Department of Public Works to
purchase the radio units in January of 2009 and to have the project completed
in 2010.
FINANCIAL IMPACT: Total Cost $1,240,000.
BUDGET ACTION REQUIRED: None, the 2009 Water Fund Budget includes
$1,400,000 in funding for this purchase.
STAFF RECOMMENDATION: To approve the purchase from ETNA SUPPLY.
      G. Consideration of Bids for B-237 Richards Park WWTP Building Demolition.
         ENGINEERING
SUMMARY OF REQUEST: Award Phases 1 thru IV of the Richards Park WWTP
Building Demolition contract to Pitsch Wrecking Co. out of Grand Rapids, MI
since they were the lowest responsible bidder with a total bid price of $82,600
and authorize staff to negotiate for a possible reduction in the aforementioned
bid.
FINANCIAL IMPACT: The construction cost of $82,600.
BUDGET ACTION REQUIRED: Cost from the 2008 and 2009 Budget items.
STAFF RECOMMENDATION: Award the contract to Pitsch Wrecking Co.
      H. Admiral Petroleum, 11 E. Muskegon Ave., Request for an Encroachment
         Agreement. ENGINEERING
SUMMARY OF REQUEST: Hopp Environmental, on behalf of Admiral Petroleum, is
requesting your permission to install one vertical monitoring well in the northerly
right-of-way of Muskegon Avenue east of Pine Street as reflected in the
application.
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.
                                                                    PLANNING     &
      I. Support for Michigan Lighthouse         Conservancy.
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Lighthouse Conservancy (MLC) has
applied for ownership of the Muskegon lighthouses. From the information
received by staff, they appear to have the ability to take on this responsibility.
They have requested the support of the City by approval of the letter. If they
seek grants, they will request the partnership of the City, as well as others. Some
of these grants may require the City to submit the actual application, although
the MLC will prepare the grant application (similar to the process we have used
before with the local museums).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve support of the Michigan Lighthouse
Conservancy’s application to take ownership of the Muskegon Pierhead and
Muskegon South Breakwater lighthouses and authorize the Mayor to sign the
letter of support.
      J. Liquor License Request, Clay Avenue Cellars, Inc., 611 W. Clay Avenue.
         CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Clay Avenue Cellars, Inc. to Add Space to
the licensed 2008 Small Wine Maker and Direct Shipper Licenses located at 611
W. Clay.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
             Nays: None
MOTION PASSES
2008-91 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate Transfer, SAF
         Holland. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, SAF
Holland, 1950 Industrial Blvd., has requested the transfer of an Industrial Facilities
Exemption Certificate from their facility in Holland to their Muskegon facility. The
total capital investment of the project is $843,193 in personal property. The
original certificate was issued in 2005 for a period of twelve years and it will
expire in 2017.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the IFT transfer.
The Public Hearing opened to hear and consider any comments from the
public.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
Public Hearing and approve the request to transfer the Industrial Facilities
Exemption Certificate for SAF Holland from their facility in Holland to Muskegon.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
             Nays: None
MOTION PASSES
2008-92 UNFINISHED BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 254 Amity Avenue. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 254
Amity Avenue is unsafe, substandard, a public nuisance and that it be
demolished within thirty days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to table
the concurrence with the Housing Board of Appeals Notice and Order to
demolish 254 Amity to the November 10th meeting.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
             Nays: None
MOTION PASSES
2008-93 NEW BUSINESS:
      A. Vacation of the North Easterly Portion of the Alley Bounded by Eighth,
         Clay, Ninth and Western. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the North Easterly 265 feet of
the alley in Block 318 in the City of Muskegon Revised Plat of 1903, bounded by
Eighth Street, Clay Avenue, Ninth Street, and Western Avenue.
STAFF RECOMMENDATION: Staff recommends vacation of the north easterly 265
feet of the alley, with the condition that all utility easement rights be retained.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their October 16th meeting, with the condition that all
utility easement rights be retained. The vote was 6-1 in favor, with B. Turnquist
opposed and J. Aslakson and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the vacation of the north easterly portion of the alley bounded by Eighth, Clay,
Ninth and Western as described.
ROLL VOTE: Ayes:  Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Shepherd
            Nays: Spataro
MOTION PASSES
      B. Commercial Rehabilitation Tax Abatement Districts Policy. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:          To approve the Commercial Rehabilitation Tax
Abatement Districts Policy for the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Policy.
Motion by Vice Mayor Gawron, second by Commissioner Wisneski to approve
the Commercial Rehabilitation Tax Abatement Districts Policy.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
      C. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the following: PUBLIC SAFETY
        769 Washington – Area 12
        640 Catawba
        143 W. Southern – Area 10b
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty days.
It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 769 Washington.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
Mayor Warmington explained that the owner of 769 Washington had stepped
out of the room during this item.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
reconsider actions regarding 769 Washington.
ROLL VOTE: Ayes:     Gawron, Shepherd,     Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 769 Washington.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 640 Catawba.
ROLL VOTE: Ayes:     Gawron, Shepherd,    Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 143 W. Southern.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, and Wisneski
           Nays: Warmington and Wierengo
MOTION PASSES
2008-94 ANY OTHER BUSINESS: Vice Mayor Gawron asked that a Homeowners
and Bank Protection Act resolution be adopted.
Motion by Vice Mayor Gawron, second by Commissioner Carter to adopt a
resolution to send to Congress in regards to the Homeowners and Bank
Protection Act.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, and Gawron
           Nays: Warmington, Wisneski, and Shepherd
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to move the
Worksession for the month of November to Tuesday, November 18th.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 6:41 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk

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