City Commission Minutes 11-10-2008

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                   NOVEMBER 10, 2008
    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., Monday, November
10, 2008.
      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 Steve Wisneski, Chris Carter, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
     Absent: Commissioners Sue Wierengo and Clara Shepherd (excused).
2008-95 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, October 28th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Veterans Memorial Park. CITY MANAGER
SUMMARY OF REQUEST: To approve the Veterans Memorial Park resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
     C. Agreement for Gypsy Moth Suppression. PUBLIC WORKS
SUMMARY OF REQUEST: Muskegon County is offering a gypsy moth suppression
program to local governments in 2009. To participate in the program, an
intergovernmental agreement is required. An initial fee is required for field work
and mapping of infestations. Financing options for actual suppression costs, if
needed, are not known at present. Once actual costs are determined, the City
may opt in or out of the program at will.
FINANCIAL IMPACT: Initial cost is $300 for field inspections and mapping in 2008
to determine if infestations qualify for suppression.
BUDGET ACTION REQUIRED: None, the expense is budgeted under Cemetery
Maintenance.
STAFF RECOMMENDATION: Approve the intergovernmental agreement with the
County.
      D. Distribution System Reliability Study Resolution. WATER FILTRATION
SUMMARY OF REQUEST: To approve the resolution for the area-wide water
distribution system reliability study.
FINANCIAL IMPACT: The City’s portion of the study cost is $34,745.86.
BUDGET ACTION REQUIRED: The reliability study is included in the 2009 Capitol
Improvements Budget.
STAFF RECOMMENDATION: Approval.
      E. Change in Selling Price for City Owned Buildable lots in Jackson Hill,
                                                                 PLANNING &
         Nelson, McLaughlin, and Angell Neighborhoods.
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The assessed values for vacant, buildable lots appear to
be rather high in certain central city neighborhoods.            Therefore, it is
recommended that lots be sold for a lower percentage of the assessed value.
The Commission is requested to approve the changes for the selling price of
City-owned buildable lots in target areas. The selling prices of the City-owned
buildable lots in Jackson Hill, McLaughlin, and Angell neighborhoods will be
offered at 55% of the True Cash Value and in Nelson neighborhood they will be
offered for 25% of the True Cash Value as shown on the Assessor’s Office
records.    The building requirements would remain the same in all the
neighborhoods. The selling prices would also reflect properties with the same lot
dimensions. For example 66 ft. by 132 ft. would be close to the same selling
price.
FINANCIAL IMPACT: The selling price change for this target area could help spur
property sales and relieve the City of maintenance costs for those lots.
Additional sales will also place the property back on the tax rolls.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Staff recommends approval of the selling price
changes.
COMMITTEE RECOMMENDATION:         The Land Reutilization Committee
recommended approval of the changes to the selling prices for these areas at
their October 28, 2008, meeting.
      F. Engineering Services Agreement for Traffic Signals Upgrades at Various
         Locations. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Progressive A/E to perform the necessary design and
specifications to upgrade 12 traffic signals to LEDs. Progressive is being
recommended as a result of reviewing a review of three proposals.
FINANCIAL IMPACT: $23,450 for the design and specifications only, survey will be
done by City.
BUDGET ACTION REQUIRED: None since this project was budgeted for in 2009.
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Progressive.
      G. Request for Encroachment Agreement for              Muskegon     Housing
         Commission, 1088 Terrace Street. ENGINEERING
SUMMARY OF REQUEST: Rivertown Contractors, Inc. on behalf of the Muskegon
Housing Commission has submitted the encroachment agreement form
requesting your permission to install a 12 volt underground electrical cable in the
right of way consisting of 10 feet from the property line to the terrace on
Hartford Ave., 150 feet beneath the terrace along Hartford Ave., and 66 feet
beneath Terrace St., for a total encroachment of 216 feet. This encroachment
will connect the newly purchased parking lot to the existing electrical system of
the Housing Commission building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement to install
216 feet of 12 volt electrical cable per the site plan.
      H. Request for Encroachment Agreement, 379 W. Western Avenue.
         ENGINEERING
SUMMARY OF REQUEST: Sidock Systems, LLC has submitted the amendment to
encroachment agreement # 2008-15(j) requesting your permission to install a
flag pole on each side of the glass canopy 30’ long and 7’6” deep glass
canopy which will extend into the Western Ave. public right of way.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the amendment to the encroachment
agreement for the installation of the flag poles.
      I. Request to Approve Donation of Items to Muskegon County Museum.
         PUBLIC SAFETY
SUMMARY OF REQUEST: The Muskegon County Museum has requested the City
of Muskegon to donate items from the list to their collection. These items have
been stored at the old Central Fire Station and are no longer required for use by
the Fire Department.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      J. U. S. Environmental Protection Agency (USEPA) Grant Submittal.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Site Assessment grants that the City of Muskegon
has received through the Michigan Department of Environmental Quality have
been invaluable to assisting our development community. Unfortunately, these
funds have been exhausted. However, the US Environmental Protection Agency
has a funding cycle for a similar grant. We applied for this grant in 2007, but
were not approved. We would like to try, again, this year. The application is
due November 14, 2008. Envirologic Technologies Inc. (Kalamazoo) and Ann
Couture have agreed to prepare the grant on the City of Muskegon’s behalf
(with assistance for our staff). If approved, the funds would be received through
the BRA. Anne Couture would continue to assist with the grant administration,
and the City would go through a RFP process for environmental consultants.
FINANCIAL IMPACT: If approved, the City of Muskegon will receive up to
$200,000 in grant funds to assist in Brownfield redevelopment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
            Nays: None
MOTION PASSES
2008-96 UNFINISHED BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 254 Amity Avenue. 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 structure located at 254
Amity Ave. is unsafe, substandard, a public nuisance and that it be demolished
within 30 days. It is further requested that administration be directed to obtain
bids for the demolition of the structure 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 Carter, second by Commissioner Spataro to table the
concurrence of the Housing Board of Appeals notice and order to demolish 254
Amity to the first meeting in December and send for final inspection on the
exterior of the property and allow applicant to pull permits for the interior work.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 5:52 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk

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