City Commission Packet 09-08-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   SEPTEMBER 8, 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. Use of L C Walker Arena Repair, Maintenance and Improvement Fund.
     FINANCE
  C. Selection of Vinyl Siding Supplier for Fiscal Year 2009 – 2010.
     COMMUNITY & NEIGHBORHOOD SERVICES
  D. Selection of Vinyl Siding Installer for Fiscal Year 2009 – 2010.
     COMMUNITY & NEIGHBORHOOD SERVICES
  E. Request for a Redevelopment Liquor License (formerly known as a DDA
     Liquor License) – Shoreline Inn.        PLANNING & ECONOMIC
     DEVELOPMENT
PUBLIC HEARINGS:
  A. 2010 Budget. FINANCE
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
  A. 75th Anniversary Celebration – Veterans Memorial Park.         CITY
     MANAGER
   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:     September 8, 2009
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, August 25, 2009.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       AUGUST 25, 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 25,
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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2009-71 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
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.
      B. Purchase of 1381 Seventh Street.     COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1381 Seventh Street from
Steven and Teresa Lewis of 4318 Deerfield Run, Dorr, MI, for the appraised price
of $9,000, minus five percent. The agreed upon price for the structure is $8,550.
After obtaining the property at 1381 Seventh Street, the City will demolish the
structure and combine the parcel with the adjacent property at 1387 Seventh
Street, which was also purchased by the CNS office and will also be demolished.
Both activities concerning 1381 Seventh Street will be financed with
Neighborhood Stabilization Funds from the US Department of Housing and Urban
Development.
FINANCIAL IMPACT: The funding will be from the City’s NSP funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: Both the City Commission and Citizen’s District
Council were given overviews of the objective of the Neighborhood Stabilization
Program.
      C. Sale of Parcel at 402 Southern.     COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To approve the sale of the parcel at 402 Southern to Mr.
Abraham Wheeler of 412 Southern, the adjacent neighbor to the property. The
City obtained the property at 402 Southern by purchasing it through its
Neighborhood Stabilization Program, financed by the US Department of Housing
and Urban Development. Since the City purchased the property, a fire
occurred at the site and the structure on the property was demolished by the
City’s DPW Division.
FINANCIAL IMPACT: In compliance with the City’s guidelines, the property is
being sold for $1 plus the recording fees, totaling $15.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale of said property to Mr. Abraham
Wheeler.
COMMITTEE RECOMMENDATION: Both the City Commission and Citizen’s District
Council were given overviews of the objective of the Neighborhood Stabilization
Program.
      D. 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 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, 2009, through June 11, 2010.
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.
      E. Liquor License Request for Fricano’s Muskegon Lake, L.L.C., 1050 W.
         Western, #200. CITY CLERK
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.
      G. Liquor License Request for L. C. Walker Arena, 470 W. Western. CITY
         CLERK
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 areas) 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.
      H. Accept Resignations and Make Appointment to Various Boards and
         Committees. CITY CLERK
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.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as presented minus item F.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2009-72 ITEM REMOVED FROM THE CONSENT AGENDA:
      F. Liquor License Request for Daniels Concessions, L.L.C., 2300 Henry
         Street. CITY CLERK
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.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the liquor license request for Daniels Concessions, L.L.C., 2300 Henry Street.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2009-73 NEW BUSINESS:
      A. Purchase of Equipment to Perform 6” to 15” Pipe Repairs.       PUBLIC
         WORKS
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.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the purchase from Source One Environmental.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      B. Designation of Voting Delegates for the Michigan Municipal League
         Annual Business Meeting. CITY CLERK
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.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
designate Commissioner Shepherd as the voting delegate for the Michigan
Municipal League Annual Business Meeting.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro asked interested residents of the
City to turn in talent bank applications.
PUBLIC PARTICIPATION: Comments reference gang activity were made.
ADJOURNMENT: The City Commission Meeting adjourned at 6:08 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk
Date: September 8, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Use of LC Walker Arena Repair, Maintenance and Improvement Fund


SUMMARY OF REQUEST:                   The Walker Arena management agreement provides for a
maintenance reserve funded through a $0.25 user fee on event tickets. The agreement further specifies
that the fund should be used for individual repairs costing $5,000 or more. The arena manager is
requesting a one-time waiver of the $5,000 threshold to catch up with some significant deferred
maintenance items. These include:

   •   Roof repairs ($1,809.55)

   •   Alarm system repairs ($ 1,612.42)

   •   Sign repairs ($ 2,330.50)

These repairs total $ 5,752.47 but, individually, do not meet the $5,000 threshold. Staff is recommending
a one-time waiver of this provision to allow payment for these repairs from the arena maintenance fund.

FINANCIAL IMPACT: $5,752.47 from the arena maintenance fund. This will leave a balance in
this fund of approximately $59,000.

BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.




                                                                                            1
Commission Meeting Date:           September 8, 2009


Date:      September 1, 2009

To:         Honorable Mayor and City Commission

From:      Community and Neighborhood Services Department

Re:      Selection of Vinyl Siding Supplier for
         Fiscal Year 2009 – 2010
____________________________________________________________

SUMMARY OF REQUEST: To approve the Community and Neighborhood
Services department’s selection of the Vinyl Siding Supplier for 2009 – 2010 fiscal
year. After reviewing all bids, the department selected the bid from Keene
Lumber, located at 346 W. Laketon Avenue, Muskegon, MI, for the price of $49.00
(forty-nine dollars) per building square for white and $51.00 (fifty-one dollars) per
square for color.

The Community and Neighborhood Services department received three additional
bids from:
• ABC Supply Co.                              $49.20 for white
   123 W. Sherman Blvd., Muskegon Heights     $51.00 for color
• Standale Lumber & Supply                    $52.50 for white
   2971 Franklin Ave, Grandville              $52.75 for white
• Weber Lumber Co.                            $52.75 for white
   465 Ottawa, Muskegon                       $52.75 for color

The above documentation shows the closeness of all the bids; but, because of the
long-term relationship with Keene Lumber as well as them being located in the
City of Muskegon, CNS has selected Keene Lumber to be the 2009-2010 Vinyl
Siding supplier for this fiscal year.

FINANCIAL IMPACT: Funding will be disbursed from the 2009 – 2010
Community Development Block Grant Vinyl Siding fund.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve request.

COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Commission during the 2009 – 2010 allocation period last
April.
Commission Meeting Date:            September 8, 2009


Date:       September 1, 2009

To:         Honorable Mayor and City Commission

From:      Community and Neighborhood Services Department

Re:      Selection of Vinyl Siding Installer for
         Fiscal Year 2009 – 2010
____________________________________________________________

SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign a contract with Tucker Construction, 9121 Holton Road, Holton,
MI, and Cutting Edge, 766 Chatterson Road, Muskegon, MI to install vinyl siding
at an agreed price of $55.00 (fifty-five dollars) per building square for the Vinyl
Siding Program’s 2009 – 2010 fiscal year. Last year’s price was $65.00 per
building square

The Community and Neighborhood Services office received           nine other bids
from vinyl siding installers:
• Kingdom Development, 209 E. Main St., Lowell                    $59.00
• KO Construction, 11489 Bailey, Ravenna                          $60.00
• Lewis Johnson, 16076 Bonita Ct., Grand Haven                    $64.00
• Gawlik Construction, 5346 E. Sternberg Rd., Fruitport           $65.00
• Specialty Builders, 4392 Hall Rd., Muskegon                     $65.00
• Fredricks Co., 1940 Commerce St, Muskegon                       $65.00
• Beattie Brothers, 2786 Holton Whitehall Rd., Twin Lake          $100.00
• JPM, 4554 W. River Rd., N. Muskegon                             $125.00
• Dreamscapes, 3250 Cline Rd., Muskegon                           N/A
   (Not on our bid form)

FINANCIAL IMPACT: Funding will be disbursed from the 2009 – 2010
Community Development Block Grant Vinyl Siding fund.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve request.

COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Commission during the 2009 – 2010 allocation period last
April.
                                  City of Muskegon
                              Muskegon County, Michigan
                              Resolution No. __________

A resolution concerning the issuance of a Development District License (formerly
known as a Downtown Development Authority District) in connection with that
request from Shoreline Inn, LLC for a new B-Hotel Liquor License issued under
436.1521a(1)(b) of the Michigan Compiled Laws and related permits, including a
dance permit and entertainment permit, to be located at 750 Terrace Point,
Muskegon, Michigan 49440.

The City Commission of the City of Muskegon hereby RESOLVES.

                                         Recitals

1.     Shoreline Inn, LLC has applied for a Development District B-Hotel Liquor
License for the premises at 750 Terrace Point, Muskegon, Michigan 49440, which is
located within an area established by the City Commission as a redevelopment project
area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.

2.      It is required that the City Commission approve a specific applicant, at a specific
location “ABOVE ALL OTHERS.”

3. This resolution was approved at the regular meeting of the City Commission on
September 8, 2009.

                                City Commission Findings

The City Commission is satisfied that:

1.      That the applicant has expended at least $75,000 for the rehabilitation or
restoration of the building that houses the proposed licensed premises within the last 5
years, as is required by the Michigan Liquor Control Commission.

2.       That the licensed business shall be engaged in dining, entertainment or recreation,
that is open to the general public, with a seating capacity of not less than 50 persons.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

        The City Commission deems it to be in the best interest of the City of Muskegon
to approve the application of Shoreline Inn, LLC, for a new B-Hotel liquor license issued
under MCL 436.1521a(1)(b) with applicable permits, including a dance permit and
entertainment permit, to be located at 750 Terrace Point, Muskegon, Michigan 49440,
and recommends to the Michigan Liquor Control Commission the issuance of said
requested license and permits to Shoreline Inn, LLC “ABOVE ALL OTHERS.”
Adopted this 8th day of September, 2009.

Ayes: _________________________________________________________________

Nayes: _________________________________________________________________

Absent: _________________________________________________________________

                                               By:     ___________________
                                                       Stephen J. Warmington
                                                                   Its Mayor

                                               By:    ___________________
                                                     Ann Marie Becker, MMC
                                                                    Its Clerk
Date:         September 8, 2009
To:           Honorable Mayor and City Commissioners
From:         Finance Director
RE:           2010 Budget Adoption




SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2010. 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 2010 budget with whatever changes or adjustments it deems
necessary. In any event, City Charter requires the budget be adopted no later than
September 25, 2009.



FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2010. 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 2010.



STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2010 City of Muskegon Budget resolution. Also, approval
of the 3rd Quarter 2009 Budget Reforecast as shown in the Budget Book is
recommended at this time.
                                AGENDA ITEM NO. ______________

                   CITY COMMISSION MEETING ____________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       August 25 2009

RE:         75th Anniversary Celebration - Veterans Memorial Park



SUMMARY OF REQUEST:
To request Michigan Department of Transportation approval to close both arms of the
Causeway to through traffic on November 8, 2009 from 10:00 a.m. to 4:00 p.m., during the
Veterans Memorial Park 75th Anniversary Celebration, on behalf of the celebration committee.


FINANCIAL IMPACT:
Minimal; barricading will need to be provided.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the request and authorize staff to pursue the closing with the Michigan Department
of Transportation.



COMMITTEE RECOMMENDATION:
None.




                          TH
pb\AGENDA\VETERANS PARK 75     ANVSRY 082509

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