City Commission Minutes 06-12-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JUNE 12, 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, June 12,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Phillips
from the Love Fellowship 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 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
2007-48 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, May 22nd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display – Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Muskegon Country Club, 2801 Lakeshore Drive, is
requesting approval of a fireworks display permit for July 4, 2007. Fire Marshall
Metcalf will inspect the fireworks on the day of the event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
      D. Liquor License Transfer – Beach Party Store, Inc., 3200 Lakeshore. CITY
         CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Tyler Enterprises, LLC, to transfer ownership
of the 2006 SDD and SDM Licensed Business with Direct-Connection-2 from
Beach Party Store, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      E. Agreement for School Resource Officer – Muskegon Public Schools.
         PUBLIC SAFETY
SUMMARY OF REQUEST:           Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for the continuance of a full-time School
Resource Officer who is assigned to Muskegon High School. Muskegon Public
Schools has agreed to pay one-half of the annual salary of the police officer
position for a nine-month period. This agreement covers the period September
4, 2007 through June 6, 2008.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$18,747 for the period of the agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      F. Sale of Buildable Vacant Lot at 372 W. Muskegon Avenue. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 372 W.
Muskegon (designated as parcel number 24-205-336-0009-00) to Kevin Eden, of
5621 Duck Lake Rd., Whitehall, MI 49461. The lot is 79.75 X 132 ft. and is being
offered to Kevin Eden for $1,000. He plans to move a home from 1705 Peck
Street to this vacant land. The value of the lot was set at $1,000 by the Historic
Home Infill Program.
FINANCIAL IMPACT: The sale of this lot for the moving of a 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.
COMMITTEE RECOMMENDATON: HDC recommended approval at their regular
meeting of June 5, 2007.
      G. Consideration of Bids – Park Street, Hackley to Young. ENGINEERING
SUMMARY OF REQUEST: Award the contract for the reconstruction for Park St.
from Hackley Ave. to Young Ave. to Jackson-Merkey Contractors, Inc. of
Muskegon, MI since they were the lowest responsible bidder with a bid price of
$249,699.60.
FINANCIAL IMPACT: The construction cost of $249,699.60 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson-Merkey Contractors,
Inc.
     H. Consideration   of   Bids   –   Diana   Avenue,   Ransom   to   Terrace.
        ENGINEERING
SUMMARY OF REQUEST: Award the contract for the watermain replacement
and minor service upgrade for Diana Ave. from Ransom St. to Terrace St. to
Felco Contractors, Inc. of Muskegon MI since they were the lowest responsible
bidder with a bid price of $39,552.20
FINANCIAL IMPACT: The construction cost of $39,552.20 plus engineering costs
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Felco Contractors, Inc.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item C.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
2007-49 ITEM REMOVED FROM THE CONSENT AGENDA:
     C. Liquor License Request – 197 W. Clay. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Kathleen Riegler for a New SDM License
and On-Premise Seating for her business located at 197 W. Clay Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
liquor license request for 197 W. Clay.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
2007-50 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – Fleet
         Engineers. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Fleet
Engineers, 1800 E. Keating Avenue, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1800 E. Keating,
Muskegon. The total capital investment is approximately $209,076 in personal
property and $800,829 in real property. This request qualifies Fleet Engineers for
a term of twelve (12) years for real property and six (6) years for personal
property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve (12) years for real property
and six (6) years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Wess Eklund from Fleet Engineers explained what the company does.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for Fleet Engineers.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      B. Amendments to Brownfield Plan – Sidock. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.                 The
amendments are for the inclusion of property owned by Sidock Properties, LLC in
the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a commercial project will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 12, 2007, at their May 22, 2007 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on May 15, 2007 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened to hear and consider any comments from the
public.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and approve the resolution for the amendment to the Brownfield
Plan for Sidock Properties.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
2007-51 NEW BUSINESS:
     A. Site Assessment Grant Administration Contract – Couture Environmental
        LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Contract with Couture Environmental
Strategies LLC for continued administration of the Brownfield Grant, in amount
not to exceed $27,000 and to amend the budget to move $27,000 from the
General Fund Contingency into the Planning & Economic Development budget.
FINANCIAL IMPACT: There is an additional amount of $27,000 required to
continue to contract with Couture Environmental Strategies LLC.
BUDGET ACTION REQUIRED: The funds will be allocated from the General Fund
Budget Contingency. The Planning, Zoning and Economic Development
Budget will require an amendment for line item # 80400-5300 (Contractual
Services) for an addition of $27,000.
STAFF RECOMMENDATION: To approve the Contract and authorize the Mayor
to sign. Also, to approve the budget amendment to place $27,000 from the
General Fund Contingency into the Planning & Economic Development budget.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the site assessment grant administration contract with Couture Environmental
Strategies LLC.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      B. Request to Purchase Video Systems. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
purchase twenty (20) digital in-car video systems from L3 Communications of
Boonton, New Jersey. These systems will replace the current DVD systems that
have been in place for approximately three years. The new systems are a
“hard-drive” system that have no moving components in the vehicle and do not
have the environmental requirements (heating/cooling) that are needed for the
currents systems. Police department staff has researched these units with the
assistance of staff from Information Technology and the Department of Public
Works. This system is in place in a number of police departments in the state and
we have also reviewed its performance with these agencies. Costs for the
system are as follows:
      Video systems, components and software:           $143,750.25
      Computer server:                                  $ 28,055.00
FINANCIAL IMPACT: Funds for the video systems ($143,750) would originate with
the City’s Equipment Fund. Funds for the server would come from the Criminal
Forfeiture Account.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of purchase.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the request to purchase video systems for the Police Department.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
      C. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 16% increase) on
January 1, 2006 in response to County fee adjustments triggered by changes at
Sappi and by new indebtedness taken on to finance system improvements.
However, actual 2006 financial results for the sewer fund indicate the increase
was inadequate. In addition to the County fee increases, the sewer fund has
been hit with an unexpected (and unexplained) surge in usage in the last two
years:
12-Month Period                     Usage (MG)                %Increase
May 2006 – April 2007                  2027                          8%
May 2005 – April 2006                  1869                          11%
May 2004 – April 2005                  1682                           -
The increased usage is hard to understand in light of plant closings (e.g.
Brunswick, Bekaert) and in light of the fact that flows for other communities are
stable or falling. Staff is in discussion with the County on possible metering issues,
but at this point a further 15% rate increase is needed to stabilize sewer fund
finances.
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$710,000 additional annualized revenue for the City’s sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is approved, it
will be incorporated into the second quarter budget reforecast together with
the higher anticipated County treatment costs.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sewer rate adjustments as proposed.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
             Nays: None
MOTION PASSES
      D. Engineering Services Agreement with Fleis & Vandenbrink for Sherman
         and Henry Intersection and Sidewalk. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering service
agreement with Fleis & Vandenbrink to modify plans, specification and
engineer’s estimate along with design of a sidewalk along the north side of
Sherman between Barclay & Henry. The services to be provided consist of
modifying the plans to meet Michigan Department of Transportation’s (MDOT)
guidelines since we were fortunate to receive not only federal funds, but if we
were to get those plans in to MDOT soon, we have been approved for the state
money to offset the local match. The total not-to-exceed fee is $11,900. Fleis
and Vandenbrink had the lowest proposed fee of two proposals received. One
other consultant declined to submit a proposal.
FINANCIAL IMPACT: The cost to the City is limited to the engineering cost for the
modifications of the plans of $11,900, plus construction engineering of 10%. The
total estimated cost of the project is $270,000, of which $216,000 is from an
approved Federal grant and the remaining $54,000 is from the State’s “Jobs
Today Program.”
BUDGET ACTION REQUIRED: None at this time, however, the second budget
forecast would have to be revised to address the modification cost of $11,000.
STAFF RECOMMENDATION: Authorize staff to enter into an Engineering Services
Agreement with Fleis & Vandenbrink.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
staff to enter into the engineering services agreement with Fleis & Vandenbrinks
for Sherman and Henry.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      E. SECOND READING: Amendment to the Zoning Ordinance – Residential
                                            PLANNING & ECONOMIC
         Parking Requirements Downtown.
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2326 (Off Street Parking,
# 12) of Article XXIII (General Provisions) to reduce the residential parking
requirement in the Downtown Parking Overlay District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to reduce the residential parking requirement in the Downtown
Parking Overlay District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10, 2007 meeting. The vote was unanimous
with T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the amendment to the Zoning Ordinance for residential parking requirements
downtown.
ROLL VOTE: Ayes:   Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: Davis
MOTION PASSES
      F. SECOND READING: Ordinance Amendment – Vehicles for Hire. CITY
         CLERK
REMOVED
      G. Special Events - Multiple Liquor License Request from Tipsy Toad Tavern.
         ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Tipsy Toad Tavern, 609 W. Western Ave., is requesting an
extension of their current liquor license to be able to serve alcohol outside in an
entertainment area during the Muskegon Summer Celebration (June 28th
through July 8th). The following temporary alcohol licenses have been issued for
this time period: Muskegon Summer Celebration, and Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:            The Leisure Services Board approved this
request at their May 21st meeting.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
special event multiple liquor license request from Tipsy Toad Tavern.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      H. Special Events - Multiple Liquor License Request from Muskegon Eagles
         Aerie 668/Fraternal Order of Eagles. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting an extension of their current liquor license to be able to serve non-
members during the Muskegon Summer Celebration (June 28th through July 8th).
The following temporary alcohol licenses have been approved for this time
period: Muskegon Summer Celebration, and Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:            The Leisure Services Board approved this
request at their May 21st meeting.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the special event multiple liquor license request for Muskegon Eagles aerie
668/Fraternal Order of Eagles.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      I. Special Events - Multiple Liquor License Request from C.I.O. Hall and
         Port City Bldg. Association. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: C.I.O. Hall and Port City Bldg. Association, 490 W.
Western Ave., is requesting a temporary liquor license during the Muskegon Bike
Time Event, Scheduled for July 20th through July 22, 2007. The following have
already been approved: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad,
and Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this
request at their May 21st meeting.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the special event multiple liquor license request from C.I.O. Hall & Port City Bldg.
Association.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington recognized County Commissioner
Collins who was in attendance.
PUBLIC PARTICIPATION: Comments were heard reference no street lights on
Sumner Avenue and reference the Sieradzki home.
ADJOURNMENT: The City Commission Meeting adjourned at 6:38 p.m.


                                             Respectfully submitted,




                                             Ann Marie Becker, MMC
                                             City Clerk

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