City Commission Minutes 09-11-2007

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                    SEPTEMBER 11, 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, September 11, 2007.
   Mayor Warmington offered condolences to the family of Kevin Davis. The
meeting opened with a moment of silence in remembrance of 9-11, and prayer
from Reverend Dennis Remenschneider from St. Paul’s Episcopal 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, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
2007-76 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, August 28th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. SECOND READING: Rezoning Request for Property located at 1221 W.
         Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1221 W.
Laketon Avenue, from R-1, One Family Residential District to RM-2 Medium Density
Multiple Family Residential 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 August 16th meeting. The vote was unanimous,
with J. Aslakson and S. Warmington absent.
      C. Meter Reading Radio Equipment Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 400 Radio Transceiver units.
Currently the City manually reads 2,000 residential meter pits throughout the City.
This proposal is intended to begin the process of installing radio read technology in
our residential meter pits. The purchase of the remaining 1600 Radio Transceivers is
included in the 2008 Budget.
FINANCIAL IMPACT: Total Cost $44,000.
BUDGET ACTION REQUIRED: None, the proposed 3rd Quarter Budget Reforecast
includes funding for this purchase.
STAFF RECOMMENDATION: To approve the purchase from ETNA SUPPLY.
      D. Request   to     Amend       Encroachment      Agreement      #2000-112(j).
         ENGINEERING
SUMMARY OF REQUEST: AMEC/CSX is requesting your permission to amend
agreement # 2000-112(j) to install one (1) additional monitoring well in the public
right-of-way of E. Western & Marquette bringing the total to five (5) wells at that
location. The request was made through an encroachment agreement form and
letter.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject to
the supplemental conditions.
      E. Engineering Services Agreement for Traffic Signals at Marquette and
         Harvey/Broadmoor. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim Inc. out of Grand Rapids to perform the construction
engineering services (inspection) on this federally funded project. Wade Trim’s
services are necessary due to lack of experienced staff’s availability at this time.
FINANCIAL IMPACT: The charges will be on a per hour rate for a not to exceed of
$9,900.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Wade
Trim Inc.
      F. Appointment to the Leisure Services Board. COMMUNITY RELATIONS
SUMMARY OF REQUEST: The Muskegon Public School Board has requested that
Charles Nash be named to the Leisure Services Board. The term will expire January
31, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Carter, Gawron, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
2007-77 PUBLIC HEARINGS:
      A. 2008 Budget. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2008. The proposed budget has been made
available for public inspection at City Hall, Hackley Public Library and the City’s
website (www.shorelinecity.com).      After hearing public comments, the City
Commission may take action to adopt the 2008 budget with whatever changes or
adjustments it deems necessary. In any event, City Charter requires the budget be
adopted no later than September 25, 2007.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2008. As proposed, the budget includes no property tax
increase.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the legal
appropriation authority necessary for City departments to conduct operations in
2008.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2008 City of Muskegon Budget. Also, approval of the
3rd Quarter 2007 Budget Reforecast as shown in the Budget Book is recommended
at this time.
The Public Hearing opened to hear and consider any comments from the public.
Mr. Leland Davis, 1148 Terrace, made comments.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
Public Hearing and approve the 3rd Quarter 2007 Budget Reforecast and take
action on the 2008 Budget at the September 25th meeting.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo
            Nays: None
MOTION PASSES
      B. Create a Special Assessment District for Clay Avenue, Third to Terrace.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Clay Ave., Third St. to Terrace St. paving project, 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 since the actual construction of this
project, if the district is created and the proposed 2008 budget is approved, will
not take place until 2008.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the public.
Comments were heard from Father Tom Page, representing St. Mary’s Catholic
Church, 239 Clay, turned in their response card.         Reverend Dennis
Remenschneider asked for details regarding the timeline.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the Public
Hearing and create the special assessment district for Clay Avenue, Third to
Terrace.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Carter
             Nays: None
MOTION PASSES
2007-78 NEW BUSINESS:
      A. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected by
the member office/employees of the municipality.”
FINANCIAL IMPACT: Cost of attending MERS conference in Kalamazoo estimated
to be $700 per person.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and John Corrigan to be the
City’s officer and employee delegates at the MERS annual meeting in Kalamazoo
September 18-20.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to certify Tim
Paul and John Corrigan to be the City’s officer and employee delegates at the
MERS annual meeting in Kalamazoo September 18 to 20.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and Gawron
             Nays: None
MOTION PASSES
      B. Consideration of Bids for Muskegon and Webster Avenues Two-Way
         Conversion and Traffic Signal Upgrade (H-1623). ENGINEERING
SUMMARY OF REQUEST: Award the contract for the Muskegon and Webster
Avenues’ Two-Way Conversion and Traffic Signal Upgrade and Traffic Signal
installation to Strain Electric Company out of Grand Rapids, MI since they were the
lowest responsible bidder with a bid price of $344,662.70.
FINANCIAL IMPACT: The construction cost of $344,662.70.
BUDGET ACTION REQUIRED: The project was initially budgeted at $250,000 and
thus that number needs to be revised.
STAFF RECOMMENDATION: Award the contract to Strain Electric Company.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
bid for Muskegon and Webster Avenues two-way conversion and traffic signal
upgrade to Strain Electric Company.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Gawron, and Shepherd
            Nays: None
MOTION PASSES
2007-79 ANY OTHER BUSINESS: Fundraiser for Chris Jensen.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
waiving the Leisure Services fees for the fundraiser for Chris Jensen in October,
2007.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and Spataro
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk

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