City Commission Minutes 11-14-2006

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    NOVEMBER 14, 2006
    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, November
14, 2006.
   Mayor Warmington opened the meeting with a prayer from Reverend
Michael Borgert from the First Christian Reformed 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,
Commissioner Lawrence Spataro, Sue Wierengo, Chris Carter, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and Acting
City Clerk Linda Potter.
   Absent: Commissioner Kevin Davis (Excused)
2006-90 HONORS AND AWARDS:
       A. Mrs. Ruth David. Mayor Warmington presented Mrs. Ruth David’s family
with a resolution in honor of her contributions to the City. They were also given
her reserved-parking sign.
Mayor Warmington sent condolences to Gerald Moore and family on the death
of the former City Treasurer Shirley Moore.
2006-91 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 24, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Transfer Request – Racquets Downtown Grill, 446 W.
         Western Ave. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Downtown Pinnacle Properties, LLC, to
transfer ownership of the 2006 Class C-SDM licensed business with Dance-
Entertainment permit from Southbound, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
      C. Liquor License Transfer Request – H & J, Inc., 939 E. Laketon. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Sung Jung to transfer ownership of the SDM
licensed business located at 939 E. Laketon from H & J, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
      D. Sale of Buildable Vacant Lot at 1361 Albert Avenue.        PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1361
Albert Avenue (Parcel #24-611-000-0291-00) to Terence Sykes. The lot is 100 x 140
ft. and is being offered to Mr. Sykes for $8,000. A single family home will be
constructed. The home will have a two stall attached garage, four bedrooms,
and two bathrooms. The square footage of the home will be approximately
1810 square feet.
FINANCIAL IMPACT: The sale of this lot for the construction of a single family
home will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deed.
      E. SECOND READING:         Zoning Ordinance Amendment – Planning
         Commission Notice       Mailing Area.   PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2405 (Petitions, Fees,
paragraph #2) of Article XXIV (Administration and Enforcement) regarding the
300 foot notice mailing area for Planning Commission public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for Planning Commission public hearing
notices.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
     F. SECOND READING: Zoning Ordinance Amendment – Aggrieved Parties
        Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2503 (Appeals, Applications,
Filing Procedure and Fees, paragraph #1) of Article XXV (Zoning Board of
Appeals) regarding “aggrieved parties” language.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for “aggrieved parties”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
     G. SECOND READING: Zoning Ordinance Amendment – Zoning Board of
        Appeals Newspaper Public Notice.   PLANNING & ECONOMIC
        DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and
Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding
newspaper public notice for Zoning Board of Appeals public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding newspaper notice of Zoning
Board of Appeals public hearings.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
     J. Replacement Sodium Hypochlorite Application Pumps.            WATER
        FILTRATION
SUMMARY OF REQUEST:          To replace the existing sodium hypochlorite
(disinfectant) pumps at the Water Filtration Plant.
FINANCIAL IMPACT: The replacement of two chemical application pumps at a
cost of $10,812.
BUDGET ACTION REQUIRED:          None, the replacement of these pumps is
budgeted.
STAFF RECOMMENDATION: Staff recommends purchasing the replacement
sodium hypochlorite pumps from Matoon & Lee at a cost of $10,812.
      K. Accept Resignations and Make Appointments to Various Boards and
         Committees. CITY CLERK
SUMMARY OF REQUEST: To accept resignations from Cara Taylor – District Library
Board; and Brett Sova – Citizen’s Police Review Board. To appoint Craig Brown –
District Library Board; and Kari Tyler – Citizen’s Police Review Board (contingent
upon background check).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:           The Community       Relations         Committee
recommended approval at their November 13 th meeting.

Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read less items H and I.
ROLL VOTE: Ayes: Spataro,    Warmington,    Wierengo,    Carter,   Gawron,   and
           Shepherd.
            Nays: None
MOTION PASSES
2006-92 ITEMS REMOVED FROM THE CONSENT AGENDA:
      H. Resolution of Support for Muskegon Area Sustainability Coalition.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the “Resolution of Support for Muskegon
Area Sustainability Coalition”. The resolution states that the City of Muskegon
endorses the “Coalition” and “embraces the development of sustainability
planning on a best effort basis”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
COMMITTEE RECOMMENDATION: The Commission discussed the efforts of the
Coalition at their October 9th Work Session and requested that a resolution of
support be prepared.
Motion by Commissioner Wierengo, second by Commissioner Carter to approve
the “Resolution of Support for Muskegon Area Sustainability Coalition”.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
      I. Budgeted Vehicle Purchases. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two Ford Focus 4-door wagons
from Great Lakes Ford.
FINANCIAL IMPACT: Total cost $27,320.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of two Ford Focus four-door wagons from Great Lakes Ford.
ROLL VOTE: Ayes: Wierengo,      Carter,     Gawron,    Shepherd,    Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
2006-93 NEW BUSINESS:
      A. Consideration of Bids: Fifth Street Landscaping, Merrill Avenue to
         Western Avenue. ENGINEERING
SUMMARY OF REQUEST: Award the contract for landscaping and installation of
the customized concrete sidewalk along Fifth Street from Merrill Avenue to
Western Avenue to Muskegon Quality Builders, Inc. of Muskegon Heights, MI
since they were the lowest responsible bidder with a bid price of $47,859.82.
FINANCIAL IMPACT: The construction cost $47,859.82 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Muskegon Quality Builders,
Inc.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for the Fifth Street landscaping of Merrill Avenue to Western Avenue to
Muskegon Quality Builders, Inc.
ROLL VOTE: Ayes: Carter,    Gawron,       Shepherd,   Spataro,   Warmington,   and
           Wierengo
            Nays: None
MOTION PASSES
      B. Parking Ramp Purchase Agreement. CITY MANAGER
SUMMARY OF REQUEST: To enter into a new purchase agreement with Press’s
Development, LLC, for the purchase of the Clay Street Parking Ramp. This
agreement will supersede the previous agreement to purchase the ramp. The
price remains the same, but the actual property conveyance will not occur until
the ramp is demolished.
FINANCIAL IMPACT: $100,000 to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
COMMITTEE RECOMMENDATION: The City Commission has previously approved
the sale of the ramp.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
new purchase agreement with Press’s Development, LLC, for the purchase of the
Clay Street Parking Ramp.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington announced that Commissioner
Spataro represented the City at a summit reference the homeless situation and
received a leadership award on behalf of the City for our ten year plan to
abolish homelessness.
Also mentioned was the condition of streets at Hartford and Peck and Spring
and Apple.
ADJOURNMENT: The City Commission Meeting adjourned at 5:53 p.m.


                                          Respectfully submitted,




                                          Linda Potter, CMC
                                          Acting City Clerk

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