City Commission Minutes 02-13-2007

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     CITY OF MUSKEGON
         CITY COMMISSION MEETING
                     FEBRUARY 13, 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, February 13,
2007.
   Mayor Warmington opened the meeting with a prayer from Dr. Gordon Aikin
from the Central Assembly of God 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 Sue Wierengo, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-14 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 23rd, and the City Commission Goal
Setting Session that was held on Friday, January 26th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
        B. Accept Resignation and Make Appointments to Various Boards and
           Committees. CITY CLERK
SUMMARY OF REQUEST: To accept resignations from Mary Anne Riters from the
Income Tax Board of Review and Duane Barnes from the Local Development
Finance Authority; and make appointments to the Community Relations Boards
and Committees.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF     RECOMMENDATION:          The       Community   Relations   Committee
recommended approval at their February 5th meeting.
      C. Purchase of Computer Equipment. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of Criminal Forfeiture Funds to purchase new computer
hardware. These computers will be utilized in the Records Office, Traffic Office
and Director’s Office. The current computers are approximately 4 years old and
we are beginning to experience a number of malfunctions. We would like to
replace 12 computers. This bid was developed with the assistance of the
Information Technologies Department.
FINANCIAL IMPACT: Cost for this package is $15,242.32. This estimate includes
12 Microsoft Office licenses ($326.91 each) from CDWG Corporation. There is no
impact on General Fund monies.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of this request.
      E. Agreement with Liberty Disposal Services-Fireworks Disposal. PUBLIC
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement with Liberty Disposal Services Inc. of Iron Mountain,
Michigan who will provide an approved container for the storage of
confiscated fireworks. In return for providing the container, along with the
removal of the confiscated material, Liberty gains the rights to this material. This
procedure has been approved by the Bureau of Alcohol, Tobacco, Firearms
and Explosives.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
                                                                      PLANNING &
      F. Sale of Buildable Vacant Lot at 1364 Wesley Avenue.
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1364
Wesley Avenue (Parcel # 24-611-000-0259-00) to Erik Thorsen. The lot is 75 x 139 ft.
and is being offered to Mr. Thorsen for $6,750. A single family home will be
constructed. The home will be a single story and have a two stall attached
garage, three bedrooms, two bathrooms, and a basement. The square footage
of the home will have a minimum of 1260 square feet as required by the policy.
FINANCIAL IMPACT: The sale of this lot for the construction of a single family
home will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
      G. Purchase Agreement Between the City of Muskegon and the
         Downtown   Development    Corporation  for the  Downtown
                                           PLANNING  &  ECONOMIC
         Redevelopment  Right-of-Ways.
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the donation of the former street right-of-
ways to the City for the construction of Second Street from Clay to Morris;
Jefferson Street from Clay to Western; Market Street from Western to Terrace;
and First from Western to Clay.
FINANCIAL IMPACT: The City would be responsible to pay for half of the closing
costs and the registering of the deed. The DMDC will be responsible to pay half
of the closing costs, title insurance, and any recordings to clear title.
BUDGET ACTION REQUIRED:        Payment would be made out of the Public
Improvement Fund.
STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize
both the Mayor and the Clerk to sign the documents necessary to acquire the
property for the City right-of-way.
                                                     PLANNING & ECONOMIC
      H. Smartzone – Pre-Seed Fund Agreement.
         DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon will be receiving $50,000 over a
two-year period to assist with the administration of the Pre-Seed Loan fund
through the State Smartzone program.           The funding can be used for
administration, as well as to assist potentially eligible applicants through the
process. Since the loans are available throughout the Smartzone Area (not only
on the actual Smartzone site - Edison Landing), staff is recommending that
Muskegon Area First administer the program.
FINANCIAL IMPACT: The City will be receiving $50,000 from the State of
Michigan through the Pre-Seed Fund. These funds will be used to pay MAF for
administrative services.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Letter of Agreement between the
City of Muskegon and Muskegon Area First and authorize the Mayor to sign.
      I. Transfer of Fire and 517M Employees to the Municipal Employees’
         Retirement System. FINANCE
SUMMARY OF REQUEST: Members of the City’s Firefighter and DPW/517M unions
have voted in favor of moving pension administration for their members to the
Municipal Employees’ Retirement System of Michigan. The change affects
current employees who are members of the City’s defined benefit pension plan.
New hires and current members of the defined contribution plan are not
impacted by this change. Approval of this change effectively means that the
City will no longer have locally-administered pension plans.
FINANCIAL IMPACT: MERS provides a cost-effective solution for retirement
system administration. As the City faces tight budgets, it is essential that we take
advantage of opportunities to maintain or improve service levels while lowering
costs. MERS provides such an opportunity.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the resolutions moving Fire and 517M
employees to the Municipal Employees’ Retirement System of Michigan and
authorize the Mayor, Clerk and other required city officials to sign the
documents necessary to implement this move.
      J. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Dodge Ram 1500 Quad Cab
4 x 4 truck.
FINANCIAL IMPACT: $20,228.29
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:           Approve purchase using the Michigan State
Purchasing Contract.
      K. Purchase of 1080 E. Laketon Avenue. COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1080 E. Laketon Avenue
from the U. S. Department of HUD for $1 through its Good Neighbor Program.
This allows a municipality to purchase a home for one dollar, if a property is on
the market for more than six months.
After 1080 E. Laketon Avenue is obtained, the City will contract to have the
house totally rehabilitated then sell it to a qualified family continuing the City’s
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from Community and Neighborhood
Services HOME program income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the $1 home.
      L. Purchase of 627 E. Apple Avenue. COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To approve the purchase of 627 E. Apple Avenue from
the U. S. Department of HUD for $1 through its Good Neighbor Program. This
allows a municipality to purchase a home for one dollar, if a property is on the
market for more than six months.
After 627 E. Apple Avenue is obtained, the City will contract to have the house
totally rehabilitated then sell it to a qualified family continuing the City’s
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from Community and Neighborhood
Services HOME program income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the $1 home.
      N. Deputy City Clerk Salary Range Change. CITY MANAGER
SUMMARY OF REQUEST: To upgrade the salary range for the Deputy City Clerk
position from Range X to Range IX of the Non-represented Employee Salary
Schedule.
FINANCIAL IMPACT: $3,049 is the difference in the top of the two ranges.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the requested salary range change.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Consent Agenda as read minus item D and M.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-15 ITEMS REMOVED FROM THE CONSENT AGENDA:
      D. Contract Agreement-Pagers-American Messaging. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety Division staff request that the Commission
consider our request to enter into a contract with American Messaging Services,
LLC of White Lake, Michigan to provide paging services for emergency
personnel. The service is used to disseminate emergency messages and for staff
call-back.
We have agreed to administer a master account that would also include
Muskegon Central Dispatch, Muskegon Charter Township and the Fruitport Fire
Department. We have requested service for 133 units. American Messaging
Services has quoted a price of $5.25 per unit, which results in a 17% savings over
the previous contract with Verizon Wireless. American Messaging Services
recently purchased the paging service from Verizon. We are requesting that the
agreement be for two years.
FINANCIAL IMPACT: The cost is provided for in the 2007 budget and will be a
part of the 2008 budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Davis, second by Commissioner Spataro to approve
the contract agreement for pagers with American Messaging Services, LLC.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      M. Grant Applications for Safety Funds. ENGINEERING
SUMMARY OF REQUEST: Authorize staff, by adopting the resolution, to submit the
following projects for possible Safety Funds in 2008:
   1. Sherman @ Henry intersection improvements; estimated total cost of the
      project is $200,000, local match is $50,000.
   2. Sidewalks along the north side of Sherman between Barclay & Henry;
      estimated total cost is $50,000 of which $15,000 would be the local match.
FINANCIAL IMPACT: A local share of 25% will be required for all projects.
BUDGET ACTION REQUIRED: None at this time. Should either or both be
approved for grants, they will be listed in the 2008 budget.
STAFF RECOMMENDATION: Authorize staff to submit the applications.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the grant applications for Safety Funds making the sidewalk contingent
on securing the necessary right-of-way.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
2007-16 PUBLIC HEARINGS:
      A. Resolution Revoking the Personal & Real Property Components of the
         Industrial Development Certificate for Bekaert Corporation. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the personal property component and the real
property component of the Industrial Development Certificate No. 01-329 issued
to Bekaert Corporation be revoked. The certificate was originally requested
June 14, 2001 by Bekaert Corporation. Bekaert Corporation ceased operations
in 2006 and the building is vacant.
FINANCIAL IMPACT: Bekaert Corporation will reimburse the abated taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor
and Clerk to sign the resolution revoking the personal property component and
the real property component of IFT Certificate No. 01-329.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
Public Hearing and authorize the resolution revoking the personal property and
real property component of the Industrial Development Certificate for Bekaert
Corporation.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      B. Resolution Revoking a Real Property Industrial Development Certificate
         for Competitive Edge Wood Specialties, Inc. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the real property component of the Industrial
Development Certificate No. 99-053 issued to Competitive Edge Wood
Specialties, Inc. be revoked. The certificate was originally requested November
24, 1998 by Competitive Edge Wood Specialties, Inc. Competitive Edge Wood
Specialties, Inc. ceased operations in 2006 and the building is vacant.
FINANCIAL IMPACT: Competitive Edge Wood Specialties, Inc. will reimburse the
abated taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor
and Clerk to sign the resolution revoking the real property component of IFT
Certificate No. 99-053.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and adopt the resolution revoking the real property component
of the Industrial Development Certificate for Competitive Edge Wood Specialties,
Inc.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      C. Create a Special Assessment District for Creston Street, Evanston to
         Laketon. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Creston Street, Evanston to Laketon 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.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and create the special assessment district for Creston Street,
Evanston to Laketon.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
             Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Carter and Wierengo to the Board
of Assessors.
       D. Create a Special Assessment District for Park Street, Hackley to Young.
          ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Park Street, Hackley to Young, 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.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and create the special assessment district for Park Street,
Hackley to Young.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
             Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Spataro and Vice Mayor Gawron
to the Board of Assessors.
2007-17 NEW BUSINESS:
       A. Management Agreement for Fisherman’s Landing. FINANCE
SUMMARY OF REQUEST:          The proposed agreement for management of
Fisherman’s Landing is for the next seven years. Staff has met with Fisherman’s
Landing representatives on several occasions to work out details of the
agreement and to forge a stronger relationship with the group. Key provisions of
the new agreement:
   •   Fisherman’s Landing assumes responsibility for grass mowing and peak-
         season electric costs;
     •   Fisherman’s Landing to provide financial reports and meet periodically
         with staff;
     •   Fisherman’s Landing to submit for approval site plan of improvements and
         campground expansion;
     •   Facility to move towards self-sufficiency and further relieve city of financial
         obligations
Staff believes Fisherman’s Landing, Inc. is in the best position to manage the
facility and oversee its continued future growth. Both parties recognize the
need to improve communications. The agreement also contains a thirty-day
termination clause.
FINANCIAL IMPACT: Estimated $10,000 cost savings to City by additional
responsibilities being taken on by Fisherman’s Landing manager. Goal to make
facility completely self-supporting.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the management agreement for Fisherman’s Landing.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
               Nays: None
MOTION PASSES
         B. Engineering Services Agreement for Traffic Signals Upgrade along
            Laketon Avenue between Creston and Lakeshore. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim Inc. out of Grand Rapids to provide the design,
plans and specification to upgrade the traffic signals along Laketon Avenue.
This upgrade would provide for the conversion to light emitting diode (LED)
signals that will save a considerable amount of energy usage and also a better
progression by installing loop detectors.
Wade Trim is being recommended for three main reasons:
A.       We already have a contract with them for two other projects, signal
         installation at Harvey & Marquette and the conversion of Muskegon &
         Webster projects.
B.       Their proposed fee of $20,500 is very reasonable
C.       To meet a tight schedule set by Michigan Department of Transportation’s
         schedule to secure the federal funds.
FINANCIAL IMPACT: $8,400 for the design and specifications.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Wade Trim Inc.
Motion by Vice Mayor Gawron, second by Commissioner Davis to authorize staff
to enter into an agreement with Wade Trim Inc. for traffic signal upgrade along
Laketon Avenue between Creston and Lakeshore.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
      C. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting
permission to fly the Irish Flag at Hackley Park from Friday, March 16th to
celebrate St. Patrick’s Day through Friday, March 23rd.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Deny the request because there is only one flag staff
at Hackley Park which has the American flag on it. Offer the alternative to fly
the flag at City Hall as is current practice.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request to fly the Irish Flag at City Hall as is current practice.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      D. 2007 - 2008 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To adopt the 2007 – 2008 City Commission goals.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Vision, Value and Mission statements
and the 2007 – 2008 goals.
COMMITTEE RECOMMENDATION: The City Commission determined these goals
at their annual goal setting session on January 26, 2007.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Vision, Value and Mission statements and the 2007-2008 goals.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      E. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 487 W. Clay. 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 487 W.
Clay 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: General 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 Carter to concur
with the Housing Board of Appeals notice and order to demolish 487 W. Clay.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Shepherd
            Nays: Wierengo
MOTION PASSES
ANY OTHER BUSINESS:
Mayor Warmington thanked Commissioner Shepherd for representing the City
on the MML Legislative Governance Committee.
Commissioner Shepherd commended Pat Bice, Administrative Secretary to the
City Manager’s Office, for her effort and work for Black History Month.
PUBLIC PARTICIPATION:
The following spoke on the Commission’s decision to demolish 487 W. Clay:
Michael Dewitt; Scott Sieradzki, 1074 Kampenga; and Mr. Vink, 1148 Terrace
Manor.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk

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