City Commission Minutes 08-14-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       AUGUST 14, 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, August 14,
2007.
   Vice Mayor Gawron opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest 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: Vice Mayor Stephen Gawron, Commissioners Kevin Davis, Clara
Shepherd, Lawrence Spataro, and Sue Wierengo, City Manager Bryon Mazade,
City Attorney John Schrier, and City Clerk Ann Marie Becker
   Absent: Mayor Stephen Warmington (excused)
2007-66 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, July 24, 2007.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Precinct Boundary Modifications. CITY CLERK
SUMMARY OF REQUEST: State Election Law allows for 2,999 registered voters in
each voting precinct. Precinct 1, Marquette School, currently has 3,148 voters.
It is proposed to move 349 voters form the area bound by Wesley, Broadmoor,
and the river to Precinct 2, Steele Junior High. This change will allow for 2,759
registered voters at Marquette School and 2,454 voters at Steele Junior High.
Precinct 9, the Fire Station, currently has 2,858 registered voters. The area is
growing and the Fire Station is unable to accommodate a large line of voters. It
is proposed to move 379 voters from the area bound by W. Laketon, Seaway,
Young, and Barclay to Precinct 8, Nelson School. This change will allow for 2,479
voters at the Fire Station and 1,257 voters at Nelson School.
The proposed changes will not affect the Wards.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends adoption of the resolution.
      C. Liquor Control Commission – Law Enforcement Recommendation for
         Tipsy Toad. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting authorization
to sign the Law Enforcement Recommendation form for changes that have
been submitted to the Liquor Control Commission on behalf of the Tipsy Toad.
The changes involve two (2) new “Direct Connections” on the roof-top area.
The new connections would include an additional restroom and an electrical
access area. As a result of these changes, there would be a decrease in size in
the outdoor service area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATON: Approval of the request.
      D. Maintenance Agreement for Two CSX Railroad Properties. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To enter into an agreement to maintain two vacant lots
owned by CSX Railroads which are located at 313 Ottawa Street and 2447 S.
Harvey Street and keep them in compliance with our ordinance regarding the
noxious weeds and trash.
FINANCIAL IMPACT: None. CSX will pay for all costs within thirty days.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed agreement and authorize
the Mayor and City Clerk sign the agreement.
                                                                    COMMUNITY
      G. Resignations and Appointments from Various Boards.
         RELATIONS COMMITTEE
SUMMARY OF REQUEST: Accept the resignation of Rich Taylor and Latesha
Thomas and appointments of Chip VanderWier to the DDA, Doris Rucks to the
Library Board, and Janice Kay Knox-Foster to the Equal Opportunity Committee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Community Relations Committee recommends
acceptance of the resignations and the appointments.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as presented minus items E and F.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Wierengo
           Nays: None
MOTION PASSES
2007-67 ITEMS REMOVED FROM THE CONSENT AGENDA:
                                                                       PUBLIC
     E. Budgeted Vehicle Replacement – Three Chevrolet Impalas.
        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 purchase of three Chevrolet Impalas from
Berger Chevrolet.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
purchase of three Chevrolet Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Wierengo, and Carter
           Nays: None
MOTION PASSES
                                                                       PUBLIC
     E. Budgeted Vehicle Replacement – Three GMC Canyons.
        WORKS
SUMMARY OF REQUEST: Approval to purchase three GMC Canyons from Glenn
Buege GMC.
FINANCIAL IMPACT: $34,524.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Approve purchase of three GMC Canyons from
Glenn Buege.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
purchase of three GMC Canyons from Glenn Buege.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
           Nays: None
MOTION PASSES
2007-68 PUBLIC HEARINGS:
     A. Request to Issue an Obsolete Property District – 585 W. Clay. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Jack McPherson has requested an issuance of an Obsolete Property
District. The district would be located at 585 W. Clay Ave., Muskegon, MI. Total
capital investment for this project is $200,000. The project will result in the
creation of 20 new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 585 W. Clay, Muskegon, MI.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and approve the resolution establishing an Obsolete Property
District for 585 W. Clay.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
      B. Request to Issue an Obsolete Property Certificate – 585 W. Clay.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Jack McPherson has requested the issuance of an Obsolete Property
Certificate for the property located at 585 W. Clay, Muskegon, MI. The building
will be rehabilitated and will be mixed-use, with the top floor serving as
residential and the bottom floor commercial. Total capital investment for this
project is $200,000. The project will result in the creation of 20 new jobs in the
City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete
Property Certificate for 585 W. Clay, Muskegon, MI.
The Public Hearing opened to hear and consider any comments from the
public. Leland Davis, 1148 Terrace, commented.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing and approve the resolution issuing an Obsolete Property
Certificate for 585 W. Clay.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
            Nays: None
MOTION PASSES
      C. Spreading of the Special Assessment Roll for Western Avenue, Third
         Street to Eighth Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Western Avenue, from Third Street to Eighth Street, and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $53,169.90 would be spread against the 35
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 comments were made.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
Public Hearing and approve the special assessment roll and adopt the
resolution.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
            Nays: None
MOTION PASSES
      D. Spreading of the Special Assessment Roll for Getty Street, Hovey
         Avenue to Keating Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Getty Street from Hovey Avenue to Keating Avenue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $73,799.36 would be spread against the 21
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. Comments in opposition were heard from Annette Smedley, 3006
Glade, representing Harold Harvey, owner of 2124 Getty, 2112 Getty, and 1106
Getty; and from Julie Stone, 2845 Cline, Fruitport, owner of 2294 Getty.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and approve the special assessment roll and adopt the
resolution.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
            Nays: None
MOTION PASSES
2007-69 NEW BUSINESS:
      A. Waiver of Building Permit Fees – United Way. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from United Way to waive
building permit fees for the construction of a pavilion at the Grand Trunk to take
place on September 7, 2007. The laying of the foundation will take place before
that date.
FINANCIAL IMPACT: Approximately $169.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request.
Motion by Commissioner Spataro, second by Commissioner Carter to deny the
request to waive the fees.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Wierengo
            Nays: None
MOTION PASSES
      B. Waiver of Building Permit Fees – Love, INC. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from Love, INC to waive building
permit fees for the construction of accessible ramps.
FINANCIAL IMPACT: $50 - $65 per ramp.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request.
Motion by Commissioner Spataro, second by Commissioner Carter to deny the
request to waive building permit fees.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Wierengo, and Carter
            Nays: None
MOTION PASSES
      C. City – MDOT Agreement for the Traffic Signal Upgrade on Laketon
         Avenue from Creston Street to Barclay Street and the Traffic Signal
         Installations on Marquette Avenue at Harvey Street and Broadmoor
         Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the traffic signal
upgrade on Laketon Avenue from Creston Street to Barclay Street and the
traffic signal installations on Marquette Avenue at Havery Street and Broadmoor
Street 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
$308,000. The estimated total construction cost is $379,000.
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 Carter, second by Commissioner Shepherd to approve
the resolution and contract with MDOT.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
            Nays: None
MOTION PASSES
      D. Representation at the Michigan Municipal League Meeting.
SUMMARY OF REQUEST: It is time to nominate a representative and an alternate
to represent the City of Muskegon at its annual Michigan Municipal League
business meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends appointing a representative and
an alternate.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
appoint Commissioner Clara Shepherd as the MML representative and City Clerk
Ann Becker as the alternate.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Shepherd recognized Police Officer Andy
Rush and Timothy VanderWier for removing a pit bull from an empty house. She
also mentioned the Back to School Bash on August 22nd.
PUBLIC PARTICIPATION:
2007-70 CLOSED SESSION: Property acquisition.
Motion by Commissioner Spataro, second by Commissioner Davis to go into
Closed Session.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Wierengo, second by Commissioner Carter to come
out of Closed Session.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:40 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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