City Commission Minutes 04-10-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        APRIL 10, 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, April 10,
2007.
  Mayor Warmington opened the meeting with a prayer from Pastor Gerald
Wahr from the McGraft Memorial Congregational 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,
Commissioner Lawrence Spataro, Sue Wierengo, Chris Carter, Kevin Davis, and
Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-31 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 27th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST:         Hackley Visiting Nurse Services and Hospice is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMEDATION: Approval.
      C. 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 Rieth-Riley
Construction Co., PO Box 278, Ada, MI 49301
Award bid for crack sealant to Lakeshore PLM Services, 6818 Harvey St., Spring
Lake, MI 49456
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc., 1000 E.
Sherman Boulevard, Muskegon, MI 49444-0190
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 Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409
Award bid to supply 2NS sand to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409
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: $167,700 based on 2006 quantities at 2007 quotes.
BUDGET ACTION REQUIRED: None; funds appropriated in several budgets.
      D. Approval of the Use and Maintenance of City Owned Property at 1264
         & 1270 Terrace Street and 177 & 185 E. Isabella Avenue for a Garden by
         McLaughlin Neighborhood Association. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1264 & 1270 Terrace Street and 177 &185 E. Isabella
Avenue for a community garden. The properties are contiguous and together
create two buildable lots. The City would retain the right to sell the property with
the McLaughlin Neighborhood Association having time to remove the garden
prior to any sales. McLaughlin 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 Neighborhood
Association has committed to maintaining the garden.                The McLaughlin
Neighborhood Association President resides across the street at 1291 Terrace
Street.
FINANCIAL IMPACT: None. By having the maintenance agreement with the
McLaughlin 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.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
2007-32 PUBLIC HEARINGS:
      A. Spreading of the Special Assessment Roll for Fifth Street, Merrill to
         Muskegon. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Fifth Street from Merrill to Muskegon, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $46,432 would be spread against the 20 parcels
abutting the project.
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 public comments were heard.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the spreading of the special assessment roll for Fifth
Street, Merrill to Muskegon.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      B. Spreading of the Special Assessment Roll for Fifth Street, Muskegon to
         Western. ENGINEERING
SUMMARY REQUEST: To hold a public hearing on the spreading of the special
assessment for Fifth Street from Muskegon to Western, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $33,440 would be spread against the 17 parcels
abutting the project.
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 public comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and approve the special assessment roll for Fifth Street,
Muskegon to Western.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
2007-33 NEW BUSINESS:
     A. 2007-2008 Community Development Block Grant/HOME Partnership
        Program Allocations. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to make their final allocation
decision concerning the 2007-2008 Community Development Block
Grant/HOME Partnership Program allocation for this coming fiscal year.
The Commission has received the recommendation from the Citizen’s District
Council and the City Administration. The Commission made their preliminary
recommendations during the March 13, 2007 City Commission meeting.
After receiving the Commission’s final allocation decision, the Community &
Neighborhood Services office will amend the City’s 2007-2008 Action Plan if
needed and continue the comment period until April 17, 2007. 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
2007-2008 fiscal year to begin June 1, 2007.
FINANCIAL IMPACT:         The decision will determine how the Community
Development Block Grant/HOME Partnership Program funding will be allocated
for the 2007-2008 fiscal year.
BUDGET ACTION REQUIRED:      The Commission’s action will establish the fiscal
year’s budget.
STAFF RECOMMENDATION: The       Commission      previously    received    the
administration recommendations.
COMMITTEE RECOMMENDATION: The Commission also received the Citizen
District Council recommendations.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the preliminary recommendation as final.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
                                                              COMMUNITY      &
      B. Approval of the 2007-2008         Action   Plan.
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the 2007-2008 Action Plan for the City of
Muskegon Community Development Block Grant/HOME Partnership Program
activity. If the Action Plan is approved, the Community & Neighborhood
Services office will continue the comment period of the Action Plan as
amended-if needed until April 17, 2007.
On or after April 17, 2007, 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 2007-
2008 fiscal year.
FINANCIAL IMPACT:  Action Plan establishes the 2007-2008 Community
Development and HOME budgets.
BUDGET ACTION REQUIRED: None at this time, budget established by Action
Plan.
STAFF RECOMMENDATION: To approved the Action Plan as is or as amended.
COMMITTEE RECOMMENDATION: The Commission received both their Citizen
District Council and the Administration recommendations.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the 2007-2008 Action Plan.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      C. First Quarter 2007 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2007
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in policy priorities, labor contracts,
updated economic conditions, or other factors. For the next meeting, an action
item will be placed on the agenda for adoption of the budget reforecast
together with any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT:      The most significant change is an anticipated 10%
reduction in state shared revenues. Although the Governor’s original budget
package held revenue sharing funds at present levels, it now appears likely that
some significant cut will be made. The impact to the general fund will be about
$462,000. At this time, staff believes other positive factors may help offset much
of the state-shared revenue loss and recommends delaying specific action until
more information is known in the second quarter. These factors include: 1)
continued stronger than expected income tax collections which may allow us to
raise this revenue estimate, 2) lower than budgeted pension contributions as
result of completing the move to MERS and, 3) continued effective internal
control of position vacancies and overtime.
Aside from state revenue sharing, the other significant changes to the 2007
budget included in the first quarter reforecast are in the area of capital
improvements. Most of these changes reflect reallocation of costs between
years for multi-year projects (e.g. fire station, Western Avenue enhancements) or
new projects spurred by the availability of grant funding (Major Street traffic
signal work on Laketon and at Marquette/Harvey).
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast to
ensure it reflects their policy initiatives. At the next City Commission meeting,
staff will request formal approval of the Reforecast and related budget
amendments.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the first quarter 2007 budget Reforecast and related budget amendments.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. Muskegon Summer Celebration. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: 2007’s request is consistent with 2006’s, there are no
significant changes.
FINANCIAL IMPACT:     Request that rental fees be waived for any equipment
used.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:            The Leisure Services Board approved this
event at their March 19th meeting.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve Muskegon Summer Celebration’s request.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      E. Special Events – Pop-A-Top Request to be Grandfathered. ASSISTANT
         CITY MANAGER
SUMMARY OF REQUEST: Pop-A-Top, a local tavern, is requesting to be
grandfathered into the Special Events/Special Alcohol License Policy. Their “My
Cops/Make A Wish” fundraiser has been hosted annually for nine (9) years on
the third (3) weekend of July.
There are currently six (6) grandfathered events, with one being inactive over
the past few years, Steak N’Blues Fest.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: This request was approved by the Leisure
Services Board at their March 19th meeting.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
Pop-A-Top’s request to be grandfathered into the Special Events/Special
Alcohol License Policy.
ROLL VOTE: Ayes: Wierengo
            Nays: Gawron, Shepherd, Spataro, Warmington, Carter, and Davis
MOTION FAILS
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for a temporary license for Pop-A-Top.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      F. Special Event Liquor License Request - The Muskegon Yacht Club.
         ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting an extension of
their current liquor license to be able to host the Queens Cup Sailing Regatta on
June 30, 2007. (Summer Celebration holds the first License)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:            The Leisure Services Board approved this
event at their March 19th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Davis to grant the
extension of their current liquor license.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
             Nays: None
MOTION PASSES
      G. Special Event Liquor License Request - Mike’s Inn, June 28th thru July 8th,
         2007. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Mike’s Inn (555 W. Western Ave.) is requesting an
extension of their liquor license to be able to host an outside entertainment area
in their lot. (Summer Celebration holds the first liquor license.)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
extension of their liquor license.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
             Nays: None
MOTION PASSES
      H. Special Event Liquor License Request - The Muskegon Chronicle.
         ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The Muskegon Chronicle is requesting a temporary
liquor license to be able to serve spirits at their 150th anniversary celebration.
Spirits will only be served on Friday, May 18, 2007. (Fiesta! Sabor Latino event is
on May 18th and 19th at Hackley Park.)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:              The Leisure Services Board approved this
event at their March 19th meeting.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve The Muskegon Chronicle’s request for a temporary liquor license at no
charge.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
             Nays: None
MOTION PASSES
      I. Muskegon Bike Time Events, Inc., July 20th thru July 22nd, 2007.
        ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Approval of Muskegon Bike Time Events, Inc., request.
FINANCIAL IMPACT: Request that equipment rental fees be waived in exchange
they will provide an equal monetary value of the rental costs in Muskegon Bike
Time concert tickets.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this event
at their March 19th meeting.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
request from Muskegon Bike Time Events, Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
     J. State Budget Crisis Resolution: CITY CLERK
SUMMARY OF REQUEST: To approve the State Budget Crisis Resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the State Budget Crisis Resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:05 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk

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