City Commission Minutes 05-24-2005

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        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                             MAY 24, 2005
       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 24, 2005.
   Mayor Warmington opened the meeting with a prayer from Commissioner Shepherd
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 Bill Larson, Commissioner Kevin
Davis, Stephen Gawron, Clara Shepherd, Lawrence Spataro, and Chris Carter, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-47 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that
was held on Monday, May 9, 2005; and the Regular Commission Meeting that was held
on Tuesday, May 10, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Fireworks Display – Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting approval of a fireworks
display permit for July 4th at the Muskegon Country Club, 2801 Lakeshore Drive. Fire
Marshall Metcalf will inspect the fireworks.   The insurance coverage has been
approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
     C. FIRST READING: Amend the City Code of Ordinances – Bike Riding Prohibited
        in Specified Areas. CITY CLERK
SUMMARY OF REQUEST: To amend the City Code of Ordinances to repeal and reserve
Chapter 92, Sec. 92-33, section 6.32, bike riding prohibited in specified areas.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance change.
      D. Sale of Buildable Vacant Lot at 340 Meeking.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 340 Meeking
Street to Urban Development and Construction Company, LLC, 109 E. Laketon Ave.,
Muskegon, MI. The lot is 100 x 134 ft. and is being offered to Urban Development and
Construction Company, LLC for $6,750.            Urban Development and Construction
Company, LLC will be constructing a 3 bedroom, single family home with a two stall
garage, which will comply with the City’s Policy for Sale of City-Owned Residential
Property. The True Cash Value for the property listed in the Assessor’s Office is $9,000, so
our price is set at $6,750 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of 1 (one) new 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.
      E. Sale of an Unbuildable Vacant Lot at Block 650 Lot 2.               PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot at Blk 650 Lot 2
to Ivan and Sandra Sanford, 2521 McCracken St., Muskegon, MI. The property is being
offered to Mr. and Mrs. Sanford to help clear their property title for $1. According to the
County Treasurer, the property taxes for the lot went unpaid in 1988 only. The property
went up for tax sale and the City obtained the lot in 1995 from the State. The State had
deeded a few properties at that time that had been redeemed by the property owner
to the City, but this property was not one of them. A previous City employee drafted a
memo in 1996 stating that they felt the deed was incorrect due to information they had
at that time. The property had been changed to being owned by Mr. and Mrs. Sanford
and combined with their property located at 2521 McCracken St. by the City Assessor’s
Office. They have paid all the property taxes from 1989 to current, maintained the
property, and paid the special assessment. They are working on refinancing their home
and it was found that the City was deeded the property in 1995.
FINANCIAL IMPACT: None.
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 in order to clear this up.
      F. FIRST READING: Zoning Ordinance Amendment for Veterinary Clinics, Without
         Outdoor Kennels. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2, Convenience
and Comparison Business Districts) to add veterinary clinics, without outdoor kennels,
under Special Land Uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to
add language regarding veterinary clinics, without outdoor kennels.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of
the request at their 5/12/05 meeting. The vote was unanimous.
      G. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply H1 and H2 limestone chip blend to
Verplank Trucking Company. Award bid to supply road slag to Verplank Trucking
Company. Award bid to supply Sylvax patching material to Asphalt Paving, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc. Award bid to
supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid Dustlayer,
Inc. Award bid to supply screened top soil to Verplank Trucking Company. Award bid
to supply 7-sack mix concrete to Port City Redi-Mix Company; contingent upon product
availability, timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $137,000 based on 2004 quantities at 2005 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
      H. City – MDOT Agreement for Park St., Young Ave. to Laketon Avenue.
         ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the reconstruction of
Park Street from Young Avenue to Laketon Avenue and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is estimated at $159,450 but not to exceed
81.85% of eligible cost. The estimated total construction cost (without engineering) of
the project, including the non-participating items of watermain & sanitary sewer, is
$181,400.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will come out
of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Commissioner Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
2005-48 NEW BUSINESS:
      A. Agreement with Digital Spectrum Enterprises, Inc. (DSE) to Manage PEG
         Channel 77. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one-year agreement between
the City of Muskegon and Digital Spectrum Enterprises, Inc. to manage the City’s Public
Education & Government (PEG) Channel (77) provided through the Cable Franchise
Agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
agreement with Digital Spectrum Enterprises to manage the City’s Public Education &
Government Channel 77.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
      B. FIRST READING: Rezoning Request for Properties Located Within ‘Area 12’.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located within ‘Area 12’
(bounded generally by Laketon Avenue, Glade Street, 9th Street, Western Avenue,
Lakeshore Drive, Southern Avenue, and Franklin Street).
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 5/12/05 meeting.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
rezoning request for properties located within “area 12”.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
      C. Consideration of Bids:   Ireland Ave, Franklin St. to Davis St. & Franklin St.,
         Laketon Ave. to Ireland Ave. ENGINEERING
SUMMARY OF REQUEST: The reconstruction as well as underground utilities upgrade
contract (H-1600) on Ireland Avenue between Franklin Street and Davis Street and (H-
1602) on Franklin Street between Laketon Avenue and Ireland Avenue be awarded to
McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest
responsible bidder with a bid price of $362,361.59.
FINANCIAL IMPACT:     The construction cost of $362,361.59 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
Motion by Vice Mayor Larson, second by Commissioner Davis to award the contract for
Ireland Avenue between Franklin Street and Davis Street and on Franklin Street between
Laketon Avenue and Ireland Avenue to McCormick Sand, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
            Nays: None
MOTION PASSES
      D. Consideration of Bids:   Fair   Avenue,   Torrent   Street   to   Addison   Street.
         ENGINEERING
SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract (H-1598)
on Fair Avenue between Torrent Street and Addison Street be awarded to Schultz
Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $112,618.85.
FINANCIAL IMPACT:     The construction cost of $112,618.85 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the contract
for Fair Avenue, Torrent Street to Addison Street to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
            Nays: None
MOTION PASSES
      E. Consideration of Bids:   Fifth Street, Campus Ave. to Merrill Ave. ENGINEERING
SUMMARY OF REQUEST: The paving as well as underground utilities upgrade contract
(H-1599) on Fifth Street, between Campus Avenue and Merrill Avenue be awarded to
Schultz Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $349,006.25.
FINANCIAL IMPACT:     The construction cost of $349,006.25 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the contract
for Fifth Street, Campus Avenue to Merrill Avenue to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      F. Concurrence With the Housing Board of Appeals Notice and Order to Demolish
         the Following: 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 structures are unsafe, substandard, a
public nuisance and that they be demolished within thirty 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.
            1376 Sanford
1376 Sanford was withdrawn by staff.
            252 Allen – Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
            1123 Chestnut – Area 11
FINANCIAL IMPACT: CDBG 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 252 Allen and 1123
Chestnut.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
            Nays: None
MOTION PASSES
            104 Catherine (Garage) – Area 11
FINANCIAL IMPACT: CDBG Funds.
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 Larson to concur with the
Housing Board of Appeals notice and order to demolish the garage at 104 Catherine.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
           Nays: None
MOTION PASSES
           22 E. Muskegon
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to concur with the
Housing Board of Appeals notice and order to demolish 22 E. Muskegon.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
           Nays: None
MOTION PASSES
2005-49 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Spataro, second by Commissioner Carter to go into Closed
Session to discuss collective bargaining at 6:27 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to go back into
Open Session at 6:57 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:58 p.m.


                                         Respectfully submitted,


                                         Gail A. Kundinger, MMC
                                         City Clerk

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