City Commission Minutes 05-08-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                           MAY 8, 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, May 8, 2007.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue 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,
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
2007-38 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, April 24th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Recommendations for the Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: Concur with the Community Relations Committee to
approve the following:
Public Relations Committee: - Accept the resignation of Connolly Jenkins and
appoint Duane Barnes to the committee with term expiring January 31, 2010.
Equal Opportunity Committee: - Accept the resignation of Glenn Edwards and
appoint a member whose term will expire January 31, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee made
the recommendations at its May 7, 2007 meeting.
      C. Approval of the Use and Maintenance of City-Owned Property at 1232
         Pine Street for a Garden by David O’Neal. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City
owned property located at 1232 Pine Street for a community garden. The
property is an unbuildable lot and is adjacent to Mr. O’Neal’s residence. The
City would retain the right to sell the property with Mr. O’Neal having time to
remove the garden prior to any sales. Mr. O’Neal has proposed a vegetable
garden with flowers. The neighborhood residents will be involved in the garden
and the maintenance with him. All gardening tools will be stored off site. There
will be no permanent structures on the site. Mr. O’Neal has committed to
maintaining the garden with the neighbors.
FINANCIAL IMPACT: None. By having the maintenance agreement with David
O’Neal, 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.
      D. Nine Month Extension to Construct a Single-Family Home at 318
         Meeking Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a nine month extension to allow Mr. Juan &
Mrs. Antoinette Ware to complete construction of a single-family home on
Meeking Street. The original agreement between the City and Mr. & Mrs. Ware
stipulated that construction of the home was to be completed within 18 months.
The City has customarily granted extensions to persons who have shown that
they are dedicated to completing construction and contributing to the
beautification of the City’s residential areas. Mr. & Mrs. Ware have closed on
their construction loan and are working with Paul Witek Builders for the
construction of their home.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
      E. Agreement for Engineering Services. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Cecil
Scott to provide assistant to the engineering department in the capacity of a
Civil Engineer I. As you may recall, Mr. Scott worked for the City for over 37-years
until retiring last month as a Civil Engineer. This short term contract, if approved,
is necessary to overcome the shortage in experienced staff needed to provide
construction engineering.
Furthermore, it is respectfully requested that staff be authorized to extend
and/or terminate said agreement to best serve the City.
FINANCIAL IMPACT: Approximately $16,000 based on estimated 800 hours of
work.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Mr.
Scott.
      F. Altitude and Relief Valve Rebuilding. WATER FILTRATION
SUMMARY OF REQUEST: To authorize rebuilding of two altitude valves and one
pressure relief valve at the Harvey Street Booster Station/Reservoir concurrently
with the similar Muskegon Township valves.
FINANCIAL IMPACT: The cost to rebuild the City’s three valves is $12,500.
BUDGET ACTION REQUIRED: This activity was not specifically budgeted and will
require a budget line transfer.
STAFF RECOMMENDATION: Staff recommends approval of this work by Franklin
Holwerda Company.
      G. Agreement with Harbor Unitarian Universalist Congregation. ASSISTANT
         CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one year agreement
between the City of Muskegon and Harbor Unitarian Universalist Congregation
to sell Fair Trade Coffee, baked goods, tea, soft drinks, juices and bottle water at
the Muskegon Farmers Market. The Church is a member of the Friends of the
Market.
FINANCIAL IMPACT: None. (Harbor Unitarian Universalist Congregation will pay
the City 10% of sale)
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: This is the second year agreement with the Harbor
Unitarian Universalist Congregation. It is recommended that the Commission
approve this request.
      H. Request to Provide Matching Funds for Assistance to Firefighters Grant
         Proposal. DEPUTY DIRECTOR OF PUBLIC SAFETY
STAFF RECOMMENDATION: Fire Department staff is requesting approval by the
Commission to spend up to $8000 as the ten percent matching funds for a
federal Assistance to Firefighters Grant. This grant, if approved, will be used to
upgrade the Department’s ice rescue capability by replacing an aging
hovercraft with an airboat.
FINANCIAL IMPACT: Funds for the matching portion of the grant would come
from the Fire Equipment Improvement Fund. To date the Muskegon Fire
Department has received approximately $350,000 of firefighting, rescue, and
safety equipment from the Assistance to Firefighters Grant Program for an
investment of $35,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-39 NEW BUSINESS:
      A. Highway Easement for Shoreline Drive. CITY MANAGER
SUMMARY OF REQUEST: To approve the Highway Easement for Shoreline Drive
with Michigan Department of Transportation (MDOT).        This easement is
necessary to facilitate a jurisdictional transfer of Muskegon/Webster and
Shoreline Drive.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the conveyance of the Highway
Easement and authorize the Mayor to sign the easement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the conveyance of the Highway Easement for Shorline Drive and authorize the
Mayor to sign the easement.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Matching Grant Application Funding. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: The approval of $5,000 as the City’s part for a matching
grant from the Coastal Management Program. The City will buy 370’ of portable
barrier-free beach access extension decking, and local interests will provide a
$25,000 in-kind services. The Coastal Management Program will match the total
with $30,000 grant.
FINANCIAL IMPACT: $5,000 to be solicited from local services. We may have an
initial commitment of $2,000. Should funds not become available, we will match
the local share with the Equipment Fund and lease it back to the Parks.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Staff recommends approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the matching grant application funding.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      C. METRO Act Request from NextG Telephone Company. ASSISTANT CITY
         MANAGER
SUMMARY OF REQUEST: Authorized the Mayor to sign the permit application
submitted by NextG Networks to install, operate, and maintain fiber optic cable
and associated equipment, including optical repeaters and microcellular
antennas, on, over, and under the public right-of-way with the City in
connection with the provisions of telecommunications services provided by
NextG to its wireless operator customers.
It is requested that approval be conditioned upon City staff’s satisfactory review
of all documentation that are required to accompany this request.
FINANCIAL IMPACT: None. (NextG Networks paid the required $500 permit fee.)
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the permit and authorize the Mayor to
sign the document.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize the
Mayor to sign the permit application submitted by NextG Networks conditional
upon City staff’s satisfactory review of all documentation.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
     D. Approval of Resolution to Submit Healthy Homes Lead Grant
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete grant to the U.S.
Department of Housing and Urban Development for the Healthy Homes Lead
Abatement for a possible 3 million dollars.
FINANCIAL IMPACT: The City could receive up to 3 million dollars for lead
abatement for homes in the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATOIN: To approve the resolution.
COMMITTEE RECOMMENDATION: The City Commission approved earlier this
year for the Community and Economic Development Department to work with
an assigned consultant to prepare the grant.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution to submit Healthy Homes Lead Grant.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro thanked Larry DeCou and staff for
the new trees on Southern Avenue. Commissioner Davis stated the Farmers’
Market opened Saturday. Commissioner Shepherd mentioned the passing of
Craig Brown.
ADJOURNMENT: The City Commission Meeting adjourned at 5:47 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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