City Commission Minutes 02-23-2010

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    FEBRUARY 23, 2010
    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, February 23,
2010.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
Gawron 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 Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-15 INTRODUCTIONS/PRESENTATION:
      A. MAREC – Energy Partners, LLC.
Cathy Brubaker-Clarke introduced Arn Boezaart who gave an overview.
2010-16 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 1st Special
Commission Meeting, the February 8th Commission Worksession, and the
February 9th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes
      B. Amend Zoning Ordinance – Vintage Shops. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI to include
“Vintage Shops” as a special use permitted in B-2 districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to amend Section 1101 of
Article XI to include “Vintage Shops” as a special use permitted in B-2 districts.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 11th meeting. The vote was
unanimous.
      C. Amend Zoning Ordinance Definitions for Vintage Shops. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add
definitions for “Vintage Shops” and “Vintage Merchandise.”
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:             To approve the request to amend Article II
(Definitions) to add definitions for “Vintage Shops” and “Vintage Merchandise.”
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 11th meeting. The vote was
unanimous.
      D. Road Salt Procurement Authorization. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an annual contract for road
salt procurement through the State of Michigan Purchasing Program (MIDEAL).
FINANCIAL IMPACT: Per ton prices determined yearly; average winter purchases
of between 4,000-6,000 tons. The most current contracts have solicited
2006/2007 pricing of $32.99/ton and 2007/2008 pricing of $34.24/ton and
2008/2009 pricing of $40.40/ton and 2009/2010 extended contract price of
$56.49/ton.
BUDGET ACTION REQUIRED: None, expense is budgeted yearly through Public
Works.
STAFF RECOMMENDATION: Approve request.
      E. Amend 2008–2009 and 2009-2010 CDBG and HOME Action Plans.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for the CNS office to amend the 2008-2009
and 2009-2010 CDBG and HOME Action Plans.
In 2007 the City of Muskegon was awarded a three-year Healthy Home Lead
grant from the U. S. Department of Housing and Urban Development for
$1,000,070. The first two years of the grant were designed to focus on
community outreach and the abatement of homes that tested positive for lead.
The last year, which we are currently in, is to be used to take care of
miscellaneous items that need to be addressed in order to close out the grant.
In the original grant documentation, the City was to be responsible for $658,304
in in-kind and/or cash match. To complete the City’s match requirements, the
CNS office is proposing the following adjustments to its 2008-2009 and 2009-2010
Action Plans:
Reallocate $140,000 from the 2009-2010 Action Plan originally allocated to
HOME Weatherization.
Reallocate $50,000 from the 2009-2010 Action Plan originally allocated to HOME
Rental Rehabilitation.
Reallocate $10,000 from the 2009-2010 Action Plan originally allocated to CDBG
Delivery Services.
Reallocate $30,000 from the 2008-2009 Action Plan from HOME Infill New
Construction.
FINANCIAL IMPACT: Those amounts will be deducted from the specific program
budgets.
BUDGET ACTION REQUIRED: The amendment of the 2008 and 2009 budgets.
STAFF RECOMMENDATION: To approve for the CNS office to amend the 2008
and 2009 Action Plans in the manner described above to meet its grant match
requirements.
      F. Resolution in Support of Protecting the Great Lakes from the Asian
         Carp. CITY CLERK
SUMMARY OF REQUEST: Approve the resolution to support Federal and State
efforts to prevent the Asian Carp from infiltrating the Great Lakes.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes:     Gawron, Shepherd,      Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
2010-17 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the following: PUBLIC SAFETY
         558 E. Apple Avenue (Area 11)
         337 Catawba Avenue
         313 E. Forest Avenue
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 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 demolition with the lowest responsible
bidder.
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 558 E. Apple
Avenue, 337 Catawba Avenue, and 313 E. Forest Avenue.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
      B. Urban Revitalization Grant. PLANNING & ECONOMIC DEVELOPMENT
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
two resolutions presented contingent on Russell Block Market, Inc. providing
irrevocable letter of credit, bond, cash or bank account or other means
acceptable to the City Attorney and City Manager prior to the grant submittal by
the City of Muskegon for the local match of $90,000.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: Shepherd
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk

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