City Commission Minutes 01-23-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     JANUARY 23, 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, January 23,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from Oak Crest 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: 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
Acting City Clerk Linda Potter.
2007-08 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the January 8th Commission
Worksession, and the January 9th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Transfer – 435-441 W. Western. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from D & L of Michigan, LLC, to transfer
ownership of the 2006 Class C Licensed Business with Dance Permit located in
escrow at 3621 Getty, Norton Shores, from North-Saylor, Inc.; transfer location to
435-441 W. Western; cancel existing Outdoor Service; request a New SDM
License to be held in conjunction; and request a New Entertainment Permit and
New Outdoor Service.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval, contingent upon final inspection.
      C. Liquor License Transfer - 555 W. Western. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Ingalls Business Acquisition, Inc., to transfer
ownership of the 2006 Class C-SDM Licensed Business with Dance Permit and
Outdoor Service located at 555 W. Western from James Adolph Dinger.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
      D. Traffic Department Materials and Services 2007. PUBLIC WORKS
SUMMARY OF REQUEST: Annual contract with the Muskegon County Road
Commission (MCRC) for the joint purchase of various Traffic Department
materials and services. We have bid out these items with MCRC for the past 17
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 - $1,200 est.
      Sign posts - $1,600 est.
      Sign sheeting - $2,000 est.
      Ready Made Signs - $5,000 est.
      Centerline painting - $15,000 est.
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. Acceptance of Lakefront Drive and Extension of Terrace Street into the
         City’s Street System. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution, including exhibits A & B (drawing
and descriptions respectively), accepting Lakefront Drive and the extension of
Terrace Street between Shoreline Drive and Lakefront Drive into the City’s street
system. Furthermore, it is requested that the street name of Lakefront Drive be
changed to Viridian Drive as has been used since the road opened to traffic.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt the resolution.
        G. Grant Applications for Transportation Economic Development Fund
           Category F and Congestion Mitigation Air Quality. ENGINEERING
SUMMARY OF REQUEST: Authorize staff, by adopting the resolutions, to submit
the following:
   1.     A Transportation Economic Development Fund Category – F Grant
         application requesting funds for the milling and resurfacing of
         Quarterline from the City limits northerly to Marquette in 2008 and the
         reconstruction of Getty Street from Laketon to Evanston in 2009.
   2.    A 2007 CMAQ application for a signal installation at Marquette and
         Harvey/Broadmoor, traffic signals timing upgrades along the Laketon
         Avenue corridor (5-signals).     And a similar application for signals
         upgrade along Sherman and various other locations in 2008. The signal
         upgrade will include LED lights.
FINANCIAL IMPACT: A local share of 20% will be required for all projects.
BUDGET ACTION REQUIRED: Amend the 2007 capital improvement budget to
include the signal installation at Marquette & Harvey/Broadmoor for a $75,000
cost and signals upgrade along Laketon for an estimated cost of $250,000 for
construction of which only the engineering cost will use City funds. The
engineering cost is estimated at $30,000 and would come out of both major and
local street funds. The signal upgrade project will have a maximum of three
years payback due to the energy saving.
STAFF RECOMMENDATION: Adopt the resolutions and authorize staff to submit
the grant applications.
        H. Agreement for Engineering Services. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Albert R. Posthuma, a retired professional engineer, to provide
assistance to the Engineering Department in the analysis and design for the Clay
Hill Area. This short-term contract, if approved, will provide the City with the best
of both worlds, having an experienced local engineer without having to pay for
the overhead of an engineering firm. Furthermore, it is respectfully requested
that staff be authorized to extend and/or terminate said agreement to best
serve the City.
FINANCIAL IMPACT: Approximately $10,500 based on an estimated 140-hours of
work.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with
Mr. Posthuma.
        I. Zoning Ordinance Amendment – Zoning Board of Appeals Newspaper
           Public Notice. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and
Adjournments, # 1) of Article XXV (Zoning Board of Appeals) regarding
newspaper public notice for Zoning Board of Appeals public hearings.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding newspaper notice of Zoning
Board of Appeals public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January 11th meeting. The vote was unanimous
with T. Harryman, and J. Aslakson absent.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
2007-09 ITEM REMOVED FROM THE CONSENT AGENDA:
     E. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase six 2007 Crown Victoria’s
through the Macomb County Purchasing Contract since it was the lowest
responsible bid received for a total bid of $123,582.
FINANCIAL IMPACT: $123,582
BUDGET ACTION REQUIRED: None, $150,000 was budgeted for this purchase.
STAFF RECOMMENDATION: Authorize staff to purchase the vehicles using the
Macomb County Purchasing Contract.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the vehicle replacement using the local preference and award to Tony Betten &
Sons.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
2007-10 PUBLIC HEARINGS:
     A. Request to Establish an Obsolete Property District – Sen Peevo, LLC.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Sen Peevo, LLC, PO Box 1681, Muskegon, Michigan, has requested the
establishment of an Obsolete Property District. The district would be located at
902 Pine Street, Muskegon, MI, the former Pine Street Antique Mall. Total capital
investment for this project is $1.3 million. The project will result in the creation of
several 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 902 Pine Street, Muskegon, MI.
The Public Hearing opened at 5:42 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:44 p.m. and approve the request to establish an Obsolete
Property District for Sen Peevo, LLC.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
             Nays: None
MOTION PASSES
      B. Request to Issue an Obsolete Property Certificate – Sen Peevo, LLC.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Sen Peevo, LLC, PO Box 1681, Muskegon, Michigan, has requested the
issuance of an Obsolete Property Certificate for the property located at 902 Pine
Street (former Pine Street Antique Mall), Muskegon, MI. The building is presently
unoccupied, but will be rehabilitated for use as the Muskegon Brewing
Company & Distilling Company, a restaurant/brew pub on the first floor of the
building and residential on the second floor of the building. Total capital
investment for this project is $1.3 million. The project will result in bringing several
new jobs to the City of Muskegon. Because of the amount of investment, the
applicant is eligible for a 12-year certificate.
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 902 Pine Street, Muskegon, MI for a term of 12 years.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. Ed Simmons, 973 W. Forest, asked what an Obsolete Property
Certificate is. City Manager Bryon Mazade explained.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to Close the
Public Hearing at 5:47 p.m. and approve the request to issue an Obsolete
Property Certificate to Sen Peevo, LLC.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
     C. Spreading of the Special Assessment Roll for Lakeshore Drive,
        McCracken to 145’ Northeasterly of Vanderlinde Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Lakeshore Drive from McCracken Street to 145’ northeasterly of
Vanderlinde Street, and to adopt the resolution confirming the special
assessment roll.
FINANCIAL IMPACT: A total of $104,120.38 would be spread against the 66
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 at 5:48 p.m. to hear and consider any comments
from the public. No public comments were made. Mayor Warmington excused
himself due to a conflict of interest.
Motion by Commissioner Carter, second by Commissioner Spataro to Close the
Public Hearing at 5:50 p.m. and approve the spreading of the special
assessment roll for Lakeshore Drive, McCracken to 145’ northeasterly of
Vanderlinde.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
           Nays: None
           Abstain: Warmington
MOTION PASSES
     D. Spreading of the Special Assessment Roll for Montgomery Street,
        Laketon to Southern. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Montgomery Street from Laketon Avenue to Southern Avenue
and to adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $90,964.99 would be spread against the 50
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 at 5:51 to hear and consider any comments from
the public. Hillary Joslin, 1337 Montgomery, asked about the cost.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing at 5:54 p.m. and spread the special assessment roll for
Montgomery Street, Laketon to Southern.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
2007-11 CITY MANAGER’S REPORT:
City Manager Bryon Mazade introduced Dwana Thompson, the new Affirmative
Action/Risk Manager Director.
2007-12 NEW BUSINESS:
      A. Special Assessment District for Knollwood Ct. ENGINEERING
SUMMARY OF REQUEST: Assign two City Commissioners to evaluate the creation
of a benefit based special assessment district on Knollwood Ct. from Beach
Street to the southerly end rather than a frontage one.
Due to the unusual circumstances prompted by the lots configuration along
Knollwood, the County’s Equalization Office feels that the benefits gained by
the abutting lots is equal among all 13 parcels and therefore should not be
frontage based as called for in the special assessment policy. A benefit based
assessment district, if approved, will result in an assessment amount exceeding
that of a frontage based one against some of the 13 lots within the proposed
district.
The two assigned Commissioners would form a board along with the City’s
Assessor as called for in Chapter XIII, Sec. 7 of the City’s Charter.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Appoint two City Commissioners to the board.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
appointment of two City Commissioners to the board.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Davis and Commissioner Wierengo
to the board
      B. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         1145 Aurora (garage)
         1614 Elwood (garage) – Area 13
         244 Monroe – Area 10
         758 Orchard – Area 11
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the above structures are
unsafe, substandard, public nuisances and that they be demolished within 30
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: 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 Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 1614 Elwood
(garage only) and 244 Monroe.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 1145 Aurora
(garage only).
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, and Warmington
            Nays: Wierengo and Davis
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 758 Orchard.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
           Nays: None
MOTION PASSES
     C. Special Event Request – Jaycee’s Snowfest. LEISURE SERVICES
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Special Event Request for Jaycee’s Snowfest.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission discussed various items.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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