City Commission Packet 08-25-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   AUGUST 25, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Purchase of 1381 Seventh Street.   COMMUNITY & NEIGHBORHOOD
     SERVICES
  C. Sale of Parcel at 402 Southern.    COMMUNITY & NEIGHBORHOOD
     SERVICES
  D. Agreement for School Resource Officer – Muskegon Public Schools.
     PUBLIC SAFETY
  E. Liquor License Request for Fricano’s Muskegon Lake, L.L.C., 1050 W.
     Western, #200. CITY CLERK
  F. Liquor License Request for Daniels Concessions, L.L.C., 2300 Henry
     Street. CITY CLERK
  G. Liquor License Request for L. C. Walker Arena, 470 W. Western. CITY
     CLERK
  H. Accept Resignations and Make Appointment to Various Boards and
     Committees. CITY CLERK
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Purchase of Equipment to Perform 6” to 15” Pipe Repairs.                                      PUBLIC
          WORKS
       B. Designation of Voting Delegates for the Michigan Municipal League
          Annual Business Meeting. CITY CLERK
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:     August 25, 2009
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the August 10th
Commission Worksession, and the August 11th Regular Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        City of Muskegon
                                  City Commission Worksession
                                         August 10, 2009
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2009-68
Present: Commissioners Warmington, Carter, Wierengo, Shepherd, Wisneski, Gawron, and
Spataro.
Absent: None.

Muskegon Conservation District.
The Muskegon Conservation District is asking to utilize Richards Park site for development of
the District’s office and a community natural resource center. A conceptual vertical profile of
the facility and a footprint was presented.

The Commission expressed their enthusiasm for the project.

The Mayor suggested that another meeting be held to study the full scope of the project.

Bethany Housing PILOT.
Recent changes in State law will require that programs such as Bethany Housing be subject to
property taxes.

The Commission indicated they would not be favorable of issuing a PILOT to existing housing
programs citing the number of units currently available.

Charter Ballot Questions.
The questions will be listed on the ballot in the following order:

   1.      Charter amendment providing for changing the dates for submission of the budget
           and adoption of budget by City Commission shall be established by ordinance.
   2.      Charter amendment allowing City Commission to change fiscal year by ordinance.
   3.      Charter amendment to eliminate the Charter-provided date by which the annual
           appropriation resolution needs to be adopted.
   4.      Charter amendment to provide that the composition, sessions and regulations of
           Board of Review would be as provided by law.
   5.      Charter amendment to eliminate primaries for Mayor and City Commission.
   6.      Charter amendment to repeal the provisions dealing with Civil Service.

Motion by Commissioner Spataro, seconded by Vice Mayor Gawron to list the charter
questions in the order as listed above.
                                                                         ROLL CALL VOTE:

Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo.
Nays: None.

                                                                         MOTION PASSES.

Budget Worksession Date – September 9 or 10?
It was decided that the budget worksession will be held on September 9 at 5:30 p.m.

Any Other Business.

Temporary Liquor License Fricano’s
Motion by Commissioner Shepherd, seconded by Commissioner Wierengo to approve the
temporary liquor license for Fricano’s, 1050 W. Western Avenue, for Saturday, August 22,
2009.

                                                                         ROLL CALL VOTE:

Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski.
Nays: None.

                                                                         MOTION PASSES.

Adjournment
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 6:35
p.m.

                                                                         MOTION PASSES



                                                           ________________________
                                                            Ann Marie Becker, MMC
                                                                 City Clerk
      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       AUGUST 11, 2009
     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, August 11, 2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word 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 Clara Shepherd, Lawrence Spataro, Steve Wisneski, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Sue Wierengo (excused).
2009-69 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, July 28, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Request for Waterworks GR, LLC, 730 Terrace Point
         (Rafferty’s Dockside Restaurant). CITY CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from Waterworks GR, LLC to transfer ownership of
2009 Class C and SDM Licensed Business located in Escrow with Entertainment
Permit without Dressing Rooms, Dance Permit, Outdoor Service Area (1 Area),
Official Permit (Food), and 3 Bars from Key Food & Equipment Company
(Rafferty’s), and request to change the Existing Entertainment without Dressing
Rooms to Dance-Entertainment Permit and requests New Official Permit (Dance-
Entertainment & Food) for weekdays, 5:00 a.m. to 7:00 a.m. and Sundays, 5:00 a.m.
to 12:00 p.m., and add Enlarge Outdoor Area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      D. Renewal of Maintenance Contract with MDOT Trunkline Within the City of
         Muskegon. PUBLIC WORKS
SUMMARY OF REQUEST: The Michigan Department of Transportation seeks to
renew its contract with the City of Muskegon for road maintenance on State
Highways located within the City of Muskegon.
The City of Muskegon designates Mohammed Al-Shatel, its Deputy Director of
Public Works, as the Maintenance Superintendent on state trunkline highways, and
authorizes him and Ann Marie Becker, City Clerk, to execute this contract on the
City’s behalf.
This is a five-year, renewable contract.
FINANCIAL IMPACT: Our annual contract with MDOT is approximately $221,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Recommend approval of the five-year contract and
the designation of Mohammed Al-Shatel as the Maintenance Superintendent, and
authorize him and Ann Marie Becker, City Clerk, to execute the contract on the
City’s behalf.
      G. Revised Family and Medical Leave Act Policy. CIVIL SERVICE
SUMMARY OF REQUEST: Pursuant to the January 16, 2009, Federal revisions to the
Family and Medical Leave Act, Civil Service modified the City’s FMLA policy to
come into compliance with the amended act. The Civil Service Commission
approved and adopted the revised policy at its July 2, 2009, meeting. Since the
City Commission approved and adopted the 1993 policy, staff requests approval
and adoption of the revised policy to replace the 1993 policy of record.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff respectfully requests approval and adoption of
the revised FMLA policy to replace the previously adopted 1993 policy to bring the
City in compliance with the FMLA’s requirements.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve the
Consent Agenda as read minus items C, E, and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, Gawron, and Shepherd
            Nays: None
MOTION PASSES
2009-70 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Liquor License Request for Walgreen Co., 1000 S. Getty and 840 W.
         Sherman. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Walgreen Co. for two new SDM Licenses, one
to be located at 1000 S. Getty Street and the other one to be located at 840 W.
Sherman.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
liquor license request for Walgreen Co. for 1000 S. Getty and 840 W. Sherman.
ROLL VOTE: Ayes: Gawron and Spataro
            Nays: Warmington, Wisneski, Carter, and Shepherd
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the liquor license request for Walgreen Co. for 1000 S. Getty.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, and Shepherd
            Nays: Spataro and Warmington
MOTION PASSES
      E. Request the City of Muskegon Pay the Electrical Costs to Light Basketball
         Courts at Clara Shepherd Park. LEISURE SERVICES
SUMMARY OF REQUEST: The Public Health Department of Muskegon County
received funding from the Michigan Department of Community Health’s “Building
Healthy Communities” program. The Nelson Neighborhood was awarded a grant
focusing on improving health in the community. A community survey and
assessment was done which determined that the installation of lights at the Clara
Shepherd Park Basketball courts will improve opportunities and extend physical
activities during the evening hours. The grant will cover installation costs of lights,
labor, materials, equipment, fixtures, excavation, and permits. Approval of annual
electrical costs during the dates of operation is requested.
FINANCIAL IMPACT: Estimated costs to the City of Muskegon for two 35’ wood
poles with two light fixtures attached burning 1500 watts each is $17 per pole for
each month of operation.
Public Health Department of Muskegon County will reimburse the City of
Muskegon for all installation costs of the lights; including labor, materials,
equipment, fixtures, excavation, and permits.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION:           The Leisure Service Board approved the
recommendation at their July 20, 2009, meeting.
Motion by Commissioner Shepherd, second by Commissioner Spataro to accept
the recommendation from the Leisure Service Board to pay the costs to light the
basketball courts at Clara Shepherd Park.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      F. Association of Volleyball Professionals (AVP) Tournament – August 21 to
         23, 2009. CITY MANAGER
SUMMARY OF REQUEST: To approve waiving costs of providing City services
(except any police services for the alcohol service) for the AVP event on August
21–23, 2009.
FINANCIAL IMPACT: Minimal cost to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To waive the costs of City services (except police
services for the alcohol) and authorize City staff to enter into an agreement with
the AVP for the event.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
waiving of costs for City services for the Association of Volleyball Professionals
Tournament event on August 21-23, 2009.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Warmington, and Wisneski
            Nays: Spataro
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk
                             City Commission Meeting
                                Tuesday August 25, 2009



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker, Director of Public Safety

DATE:         August 17, 2009

SUBJECT:    Agreement for School Resource Officer-Muskegon Public Schools
________________________________________________________________________

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 the
continuance of a full-time School Resource Officer who is assigned to Muskegon High
School. Muskegon Public Schools has agreed to pay one-half of the annual salary of the
police officer position for a nine-month period. This agreement covers the period
September 8, 2008 through June 11, 2009.


Financial Impact:

This agreement will produce revenue in the amount of $18,354 for the period of the
agreement.


Budget Action Required:

None


Staff Recommendation:

Approval of the agreement.
Date:     August 25, 2009
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Liquor License Request
          Fricano’s Muskegon Lake, L.L.C.
          1050 W. Western, #200




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Fricano’s Muskegon Lake,
L.L.C., to add space to the 2009 Resort Class C Licensed Business
issued under MCL 436.1531(3) and SDM License with outdoor Service
(1 Area), located at 1050 W. Western, Suite 200, and requests New
Additional Bar Permit (2) for a total of 3 Bars and New Dance-
Entertainment Permit, and add a New Outdoor Service Area #2.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:         All departments are recommending
approval.
Date:      August 25, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Request
           Daniels Concessions, L.L.C.
           2300 Henry Street




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Daniels Concessions, L.L.C.,
to Add Space to the 2009 Class C & SDM Licensed Business with
Dance Permit and Direct Connection-3, located at 2300 Henry, and Add
2 Bars for a total of 3 Bars and Drop the Existing Direct Connection-3
and Add a New Direct Connection-1.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:            All departments are recommending
approval.
Date:     August 25, 2009
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Liquor License Request
          L. C. Walker Arena
          470 W. Western




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Arena Concessions Group,
L.L.C., Arena Management Group, L.L.C., and the City of Muskegon
(Co-Licensees) for a new Outdoor Service (2 area) to be held in
conjunction with the 2009 Class C Licensed Business with Dance-
Entertainment Permit located at 470 W. Western.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:         All departments are recommending
approval.
Date:      August 25, 2009
To:        Honorable Mayor and City Commissioners
From:      City Clerk, Ann Marie Becker
RE:        Accept Resignations and Make Appointment to
           Various Boards and Committees



SUMMARY OF REQUEST: To accept the resignation of John R. Thompson
from the District Library Board, Marcia Hovey-Wright from the Community
Development Block Grant – Citizen’s District Council, and Charlotte Bradshaw
from the Citizen’s Police Review Board. To appoint Andrew H. Cirner to the
Citizen’s Police Review Board.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:               To   accept   resignations   and   make
appointment.


COMMITTEE RECOMMENDATION: The Community Relations Committee
approved this request at their August 10th meeting.
Date:       08/04/09

To:          Honorable Mayor and City Commission

From:       Department of Public Works

RE:         Purchase of Equipment to Perform 6” to 15” Pipe Repairs


SUMMARY OF REQUEST: Approval to purchase from Source One
Environmental, trenchless excavating equipment to perform a 12” x 20ft.
sanitary sewer repair at Oakgrove at Fleming which will also enable us to
perform 6” – 15” repairs in the future


FINANCIAL IMPACT: Total Cost $ 13,245.60


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: To approve purchase from Source One
Environmental.
       Memorandum
       To:      Bryon Mazade

       CC:      Bob Kuhn, Mohammed Al-Shatel, Kelly DeFrench

       From:    Dan Cousineau

       Date:    8/19/2009

       Re:      PipePatch Sewer Repair Equipment for repair of 12” sanitary sewer at Oakgrove & Fleming




       At the intersection of Fleming and Oakgrove we have investigated a sink hole in the street where the
       asphalt had sunk a couple of feet. Upon inspection of the 12” sanitary sewer main with the T.V. truck
       it was determined that there is an open joint with ground water coming in and a longitudinal crack at
       12 o’clock in two 2ft.pipe lengths of vitrified clay tile. The depth of the main is 15 ft which would
       necessitate an excavation at least 35 ft wide which would be curb to curb including both terraces.

       I contacted Jackson & Merkey for an estimate of the cost of repair of the 12” sanitary sewer which
       was quoted as $17,925 plus $4500 for bituminous patch.

       I also received quotes from three companies that have the equipment to do pipe lining and spot
       repairs with out excavating.

       1. Link Pipe - ph.1- (905)- 886 - 0335 quoted by Maria Liao – 12” x 24 ft. repair - $15,104.84

       2. Young,s Environmental Cleanup Inc. – ph. 1- (810) -789-7155 quoted by Joe Fisher – (1) 12” by
       twenty sectional liner - $12,195

       3. Source One Environmental (manufacturer) – Chad Miller – 1- (989) – 295 – 2138 / TODAY’S
       DISTRIBUTOR (distributor for Source One Environmental) – Paul Hoffman ph. 1- (810) – 412 -
       5167 A. Purchase of equipment to do 12” x 20ft. repair – with this equipment we will have the
       ability to do12” through 15”pipe repairs in the future - $10,563.60 B. Includes all the previous
       equipment plus equipment to perform 6” through 10” patches - $13,245.60

       It is my recommendation that we purchase quote B from Source One Environmental. Not only
       will we be able to complete the repair of the 12” sewer at Oakgrove & Fleming but we will also
       have the equipment/ability to perform repairs on 6” through 15” pipe in the future.




CONFIDENTIAL                                                                                                   1
Date:       August 25, 2009
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Becker, City Clerk
RE:         Designation of Voting Delegates for the Michigan
            Municipal League Annual Business Meeting


SUMMARY OF REQUEST: To designate by action of the Commission,
one of our officials who will be in attendance at the Convention as an
official representative to cast the vote of the municipality at the annual
meeting; and, if possible, to designate one other official to serve as
alternate.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval.

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