City Commission Minutes 11-27-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 27, 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, November
27, 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,
Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-98 HONORS AND AWARDS:
      A. Honorary Ambassador – Robert Andres.
Bob Kuhn, Public Works Director, presented Mr. Robert Andres with an Honorary
Ambassador Certificate thanking him for picking up litter along the Sherman hill.
      B. Winner of Recycling Logo Contest – Raya Wood.
Mayor Warmington introduced Raya Wood and teacher Amy Brown from the
Muskegon Career Tech Center. Raya Wood, the winner of the recycling
contest, was presented with a gift package.
2007-99 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the November 5th Commission
Worksession, and the November 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Rezoning Request for Property Located at 145 W. Laketon Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 145 W.
Laketon Avenue, from R-1, One Family Residential District to B-4, General
Business District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 15th meeting. The vote was
unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
      C. Amendment to Zoning Ordinance – Add Sidewalk Signs as Exempt
         Signs in all Zoning Districts. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334, Signs, # 5, o, of Article
XXIII (General Provisions) to add “sidewalk signs” as exempt signs in all zoning
districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add “sidewalk signs” as exempt signs in all zoning districts.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 15th meeting. The vote was
unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
      D. Amendment to the Zoning Ordinance – Remove “A-Frame Signs” from
         “Prohibited Signs”. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334, Signs, # 4, i, of Article
XXIII (General Provisions) to remove “A-frame signs” from “Prohibited Signs”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language removing A-frame signs.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 15th meeting. The vote was
unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
      E. Amendment to the Zoning Ordinance – Add a Definition for “Sidewalk
         Sign”. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:       Request to amend Article II (Definitions) to add a
definition for “Sidewalk Sign”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add a definition for “Sidewalk Sign”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 15th meeting. The vote was
unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
       F. Set Public Hearing for Amendment to Brownfield Plan – Heritage Square
          Development, LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Heritage Square
Development, LLC, located at 274, 276, 290, and 296 W. Clay; and 887 and 889
First Street, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a residential
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on November 14, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.   In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for January 8, 2008.
       G. One Year Extension of Temporary Services Contract with GoodTemps
          Temporary Staffing Services. CIVIL SERVICE
SUMMARY OF REQUEST: For the past three years (2005-2007) the City has
contracted with GoodTemps Temporary Staffing Services, a division of Goodwill
Industries, for its contingent workforce needs. The relationship with GoodTemps
has been a very successful one, as evidenced by consensus of managers
indicating their desire to continue the City’s association with them.
The advantages of remaining with GoodTemps include:
   •   There will be no increase in the mark-up by GoodTemps, which will remain
       at 33.5% of the position pay rates.
   •   Maintaining the very flexible working arrangement achieved with
       GoodTemps.
   •   Continuance of ability to contract out additional positions such as
       Lifeguard and Playground Leader, which other temporary services will not
       agree to due to corporate restrictions.
FINANCIAL IMPACT: Seasonal and temporary services are projected to cost
approximately $600,000 during 2008.
BUDGET ACTION REQUIRED:           Financial resources allocated for in the 2008
budget.
STAFF RECOMMENDATION: Staff recommends and requests approval of a one-
year extension of the City’s contract with GoodTemps Temporary Staffing
Services.
       H. Traffic Crash Reporting System Use Agreement. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement with the Michigan State Police which will allow for the
electronic submission of traffic crash data. This method of submitting data is
now possible as a result of the implementation of the new county-wide records
management system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
       I. Purchase of Audio Visual Presentation System. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety staff request that the Commission approve
the purchase of an audio visual presentation system for the community room at
Central Fire. This room will be utilized for not only fire but police training as well.
Bids have been solicited for this system. We could only locate two vendors in
the region who provide these systems. Only one of the vendors responded.
Central Interconnect Inc., of Grand Rapids submitted a bid of $8,969.12 for the
system. In speaking with other agencies we found this bid to be appropriate for
similar systems that have been installed.
FINANCIAL IMPACT: Funds from the Criminal forfeiture account will be used to
pay for this system.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
       L. Accept Resignations from Various Boards. CITY CLERK
SUMMARY      OF    REQUEST:      To   accept     the   resignation   of   Christopher
VanOosterhout from the Downtown Development Authority and of Mary Jo
McCann from the Muskegon Housing Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept resignations.
COMMITTEE RECOMMENDATION:        The Community Relations Committee
recommended acceptance of the resignations at their November 5th meeting.
Motion by Commissioner Carter, Second by Commissioner Wierengo to approve
the Consent Agenda as read minus items J and K.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-100 ITEMS REMOVED FROM THE CONSENT AGENDA:
      J. Write Off of Invoices for 487 W. Clay. CITY MANAGER
SUMMARY OF REQUEST: To write off invoices in the amount of $965.37 for 487 W.
Clay. The property has a new owner (The Muskegon Heritage Association) and
they have requested that they not be held responsible for these costs. This
action is consistent with the City Financial Policies with respect to adjusting
uncollectible accounts.
FINANCIAL IMPACT: $965.37.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the write off of invoices for 487 W. Clay.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      K. Engineering Services for the Design of Drainage Facility at West Branch
         of Ruddiman Creek and Vacated Greenwood Street. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Prein & Newhof to perform the design services to replace the
existing culvert at the westerly branch of Ruddiman Creek at vacated
Greenwood Street. The $14,828.50 of not to exceed fee will be shared between
the cities of Norton Shore, Roosevelt Park and the City of Muskegon based on
previously established percentages.
Prein & Newhof is being recommended after review of five proposals that were
received based on their fee, hours and scope of services.
FINANCIAL IMPACT: The City’s share of about 34% of the fee.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering services
agreement with Prein & Newhof contingent upon concurrence by the other
involved cities’ approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Engineering Services for the design of drainage facility at west branch of
Ruddiman Creek and vacated Greenwood Street with the amendment of the
City’s share of 37% of the fee.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2007-101 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 1497 Division. 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 1497
Division – Area 12, is unsafe, substandard, a public nuisance and that it be
demolished within 30 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: CDBG.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1497 Division.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski,
           and Carter
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:57 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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