City Commission Minutes 09-27-2005

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                   SEPTEMBER 27, 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, September
27, 2005.
    Mayor Warmington opened the meeting with a prayer from Commissioner
Clara 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
Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin
Davis, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-88 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the September 12th Community
Relations Committee Meeting and the Commission Worksession, the September
13th Regular Commission Meeting, and the September 15th Special Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Liquor License Transfer of Ownership Request – City Café. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Iordache Holdings, Inc. to transfer
ownership of the 2005 Class C licensed business with Dance-Entertainment
permit from Ashley-Chandler, Ltd. and PKT Twelve, Inc. (Co-licensees).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
      C. Liquor License Request for Outdoor Service – Linne Lodge #57. CITY
         CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from Linne Lodge #57, Independent Order of
Vikings to add a New Outdoor Services (1 area) to be held in conjunction with
their 2005 Club licensed business with Dance Permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
      D. Rezoning Request for Properties Located at 3800 Bluff and 1260 Browne
         Streets. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 3800 Bluff and
1260 Browne Streets, from R-1, Single Family Residential to OSR, Open Space
Recreation.
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 September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
      E. Zoning Ordinance Amendment to Article II (Definitions) of the Zoning
         Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to amend the
definitions for “Hotel” and “Motel”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the definitions for “Hotel” and “Motel”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
      I. Request for Encroachment Agreement by Muskegon Masonic Temple
         Association. ENGINEERING
SUMMARY OF REQUEST:        Muskegon Masonic Temple has requested your
permission to upgrade the existing awning at the entrance of the building. The
awning will follow the same footprints as the existing awning (built in 1972) and
be installed by Muskegon Awning.         The new awning will extend over the
sidewalk at 396 W. Clay Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
      J. Request for Encroachment Agreement on Jefferson and Clay.
         ENGINEERING
SUMMARY OF REQUEST: Volunteer Muskegon has requested your permission to
place three (3) planters along Jefferson/Clay area closest to their office at 880
Jefferson. The planters would be about three feet in diameter similar to those
along Lakeshore Drive. This request is unusual in the respect that it is for ten (10)
years instead of the standard five (5) years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
      K. Softball World Contract Extension with Muskegon Township. ASSISTANT
         CITY MANAGER
SUMMARY OF REQUEST: The City Leisure Services Department has a contract
with Muskegon Township for the use of Softball World. The contract expires on
November 1, 2005. Due to the need to complete a thorough assessment of the
continuation of the Softball Program, a one-year extension of the contract was
requested and granted by Muskegon Township. Staff is requesting official
authorization by the Commission to allow the Mayor and Clerk to sign the one-
year extension.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the one-
year extension of the Contract with Muskegon Township for the use of Softball
World.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items F, G, and H.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
             Nays: None
MOTION PASSES
2005-89 ITEMS REMOVED FROM THE CONSENT AGENDA:
     F. Zoning Ordinance Amendment to the Zoning Ordinance Language for
        Creation and Membership (Zoning Board of Appeals). PLANNING &
        ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501 (Creation and
Membership) of Article XXV, Zoning Board of Appeals to mirror the State of
Michigan Zoning Act that requires a 2/3 concurring vote of members to grant a
use variance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the “Creation and Membership” language to mirror the
State of Michigan Zoning Act that requires a 2/3 concurring vote of members to
grant a use variance.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
zoning ordinance amendment to the zoning ordinance language for creation
and membership of the Zoning Board of Appeals.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
           Nays: None
MOTION PASSES
     G. Budgeted GPS Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:     Approval to purchase 20 GPS receivers and
components from Advanced Tracking Technologies.
FINANCIAL IMPACT: Cost $26,945.85
BUDGET ACTION REQUIRED: None. There is $32,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the budgeted GPS purchase.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
           Nays: None
MOTION PASSES
      H. Fuel Sales. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to waive the 15% administrative fee on
outside fuel sales to Muskegon Public Schools.
FINANCIAL IMPACT: $5,000 in revenue depending on fuel consumption.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve waiving administrative fee.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the waiver of the 15% administrative fee on outside fuel sales to Muskegon
Public Schools.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
2005-90 NEW BUSINESS:
      A. Sister City – Antalya, Turkey. MAYOR
SUMMARY OF REQUEST: To establish a Sister City relationship with Antalya,
Turkey. The relationship will provide an opportunity for a cultural exchange
between the two cities.
FINANCIAL IMPACT: Minimal expenses expected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve establishing a Sister Cities relationship
with Antalya, Turkey.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Sister City relationship with Antalya, Turkey.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Intergovernmental Cooperation Agreement with Muskegon County for
         Mail Processing Services. CITY CLERK & FINANCE
SUMMARY OF REQUEST: Postal regulations and equipment requirements are
constantly changing. The City is currently faced with the requirement to replace
its postage metering equipment by the end of 2006. We have looked at several
alternatives for meeting our future mailing needs including purchase/lease of
new equipment and outsourcing mail processing. Staff has concluded that the
most cost-effective option is to enter into the intergovernmental cooperation
agreement with Muskegon County for this purpose. Under the agreement, the
City will pay $0.06 for each piece of mail processed (in addition to postage
costs). (By way of comparison, the County Central Services office charges
$0.05/piece to other County departments.) This agreement applies to the City’s
general daily mail needs but does not cover high-volume, bulk mailings such as
tax and water bills. These mailings are handled under a separate printing and
mailing services contract with a private firm.
FINANCIAL IMPACT: Approximately 110,000 pieces of mail will be processed
annually under this contract at a total cost of $6,600. This cost will be more than
offset by the following savings: 1) volume/sorting discounts not available to City
(annual savings $1,980); 2) Avoidance of equipment and meter purchase/lease
(annual savings $4,476); 3) staff-time savings in Clerk and Finance offices (annual
savings $2,500).
Additionally, many other minor benefits will be realized: 1) responsibility for
monitoring/responding to changing postal requirements will pass to the County;
2) postal supplies savings ($50-$100); and, 3) minor interest savings from no
longer pre-funding postage meter.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the “Agreement for Mail Services” with
Muskegon County.
Motion by Commissioner Gawron, second by Commissioner Davis to approve
the Agreement for Mail Services with Muskegon County.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      C. 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 a full-time School Resource Officer who will
be assigned to Muskegon High School. Muskegon Public Schools has agreed to
pay one-half of the annual salary of a police officer position. This will not be a
new position. The officer will be selected from the existing staff.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$30,000 each calendar year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the agreement for School Resource Officer with Muskegon Public Schools.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
            Nays: None
MOTION PASSES
      D. Towing Service and Storage of Impounded Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: Bids were solicited and have been accepted for the
towing services and storage of impounded vehicles for the City of Muskegon’s
Police and Public Works Departments. This bid covers a three-year contract
beginning September 1, 2005 – August 31, 2008. Two companies submitted bids.
They were (1) Central Towing, 710 Pulaski and (2) Reliable Towing, Inc., 1288 9th
Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Based upon the bid proposals, we recommend that
Central Towing be awarded this contract.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the contract with Central Towing for towing and storage and have staff negotiate
the City vehicle flat tire change/exchange from September 1, 2007 to August 31,
2008.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
      E. Concurrence With the Housing Board of Appeals Notice and Order to
         Demolish 1516 Hoyt, 350 Allen, 291 Washington, and 769 Washington.
         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 (30)
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 the demolitions with the lowest
responsible bidder.
         1516 Hoyt
         350 Allen – 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 Gawron to concur
with the Housing Board of Appeals notice and order to demolish 1516 Hoyt and
350 Allen.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
            291 Washington – Area 10b
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 291 Washington.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
            Nays: Davis
MOTION PASSES
            769 Washington – Area 12
FINANCIAL IMPACT: General Fund
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 table the
demolition of 769 Washington for 30 days.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
            Nays: None
MOTION PASSES
2005-91 ANY OTHER BUSINESS:
Our new Sister City Antalya, Turkey, gave a presentation.
2005-92 PUBLIC PARTICIPATION:
Scott Sieradzki, 1074 Kampenga, spoke reference his house at 557 W. Clay
Street.
Motion by Vice Mayor Larson, second by Commissioner Davis to take no action
on the demolition before October 27th with the understanding that the building
must pass inspections prior to that date.
ROLL VOTE: Ayes: Warmington, Carter, Davis, and Larson
            Nays: Spataro, Gawron, and Shepherd
MOTION PASSES
Lyle Day, 1989 Duck Lake Road, requested sick leave extension.
Motion by Commissioner Spataro, second by Commissioner Davis to grant a six-
month leave per contract with the understanding that it is an unpaid leave.
ROLL VOTE: Ayes: Davis, Carter, Larson, Shepherd, Gawron, and Spataro
            Nays: None
            Absent: Warmington (excused at 8:01 p.m.)
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:07 p.m.


                                          Respectfully submitted,




                                          Gail A. Kundinger, MMC
                                          City Clerk

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