City Commission Packet 09-23-2008

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 SEPTEMBER 23, 2008
 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. Election Receiving Board. CITY CLERK
  C. Office Supplies Vendor. FINANCE
  D. Harvey Booster Station Door Replacement. WATER FILTRATION
  E. Rezoning Request for Property Located at 1338 S. Getty Street.
     PLANNING & ECONOMIC DEVELOPMENT
  F. Amendment to the Zoning Ordinance – Outdoor Seating. PLANNING &
     ECONOMIC DEVELOPMENT
  G. Grant an Easement to Downtown Muskegon Center No. 2 over Market
     Street. ENGINEERING
  H. Acceptance of an Easement from Downtown Muskegon Development
     Corporation on First Street between Alley (Block 310) and Clay.
     ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
   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 23, 2008
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the September 8th
Commission Worksession, and the September 9th Regular Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                    City of Muskegon
                              City Commission Worksession
                                    September 8, 2008
                               City Commission Chambers
                                         5:30 PM

                                       MINUTES

2008-78
Present: Commissioners Warmington, Carter, Wierengo, Wisneski, Gawron, Shepherd, and
Spataro.
Absent: None.

Hometown Production – Free Maps Request and Universal Adcom – “Community Guide”
Magnet (City Clerk)
Motion by Spataro, seconded by Carter to authorize the Clerk to sign an agreement
authorizing Hometown Production and Universal Adcom to advertise free maps and
magnets are available at City Hall.

                                                                    MOTION PASSES.

2009 Budget (Finance)
Bryon Mazade, City Manager, presented the proposed 2009 budget.


Adjournment
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 7:07
p.m.

                                                              MOTION PASSES



                                                       ________________________
                                                        Ann Marie Becker, MMC
                                                             City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    SEPTEMBER 9, 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., Tuesday, September
9, 2008.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God 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 Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
HONORS AND AWARDS:
     A. West Michigan Trails & Greenways Coalition.
Commissioner Wisneski presented a resolution to the West Michigan Trails &
Greenways Coalition and thanked them for their contribution.
2008-79 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, August 26th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Liquor License Request for CSTS Inc., 2185 Henry. CITY CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from CSTS, Inc. for a new Additional Bar Permit
for outside (for a total of two bars) and a new Dance Permit to be held in
conjunction with the 2008 Class C and SDM Licensed Business with Entertainment
Permit and Outdoor Service (one area), located at 2185 Henry.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
       C. Selection of Vinyl Siding Supplier for           Fiscal    Year   2008-2009.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community & Neighborhood Services
Department’s selection of the Vinyl Siding Supplier for the 2008-2009 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 $55 per
building square for white and $55.15 per square for color.
The Community & Neighborhood Services Department received one additional
bid from: Menards, 5487 Harvey Street, Muskegon, for the price of $40.92 for
white and $41.28 for color.
The reason we chose Keene Lumber is because Menards does not keep supplies
in stock and will take three weeks to have siding come in and our program
requires immediate access to supplies. Also, Keene Lumber is centrally located
for our contractors considering the cost of gas and time.
FINANCIAL IMPACT: Funding will be disbursed from the 2008-2009 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding program was
approved by the Commission during the 2008-2009 allocation period last April.
       D. Selection of Vinyl Siding Installer for          Fiscal    Year   2008-2009.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community & Neighborhood Services
to sign a contract with Tucker Construction, 9121 Holton Road, Holton, MI to
install vinyl siding at an agreed price of $65 per building square for the Vinyl
Siding Program’s 2008-2009 fiscal year.
The Community & Neighborhood Services office received six bids total from vinyl
siding installers.
   •   Gawlik Construction, 5346 E. Sternberg, Fruitport       $67
   •   Top Notch Construction, 261 Donald, Muskegon            $67
   •   Lewis Johnson, 16076 Bonita, Grand Haven                $70
   •   Murphy Bros., 2519 MacArthur, Muskegon                  $90
   •   Specialty Builders, 4603 Apple Ave., Muskegon           $75
FINANCIAL IMPACT: Funding will be disbursed from the 2008-2009 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2008-2009 allocation period last April.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
2008-80 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Water Service Agreement with the City of Muskegon Heights.           CITY
         MANAGER
SUMMARY OF REQUEST: To amend the agreement with the City of Muskegon
Heights for the operation of the Muskegon Heights Water Filtration Plant only.
The operation of the distribution system will be discontinued.
FINANCIAL IMPACT: The hourly rate will remain at $80 an hour.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Water Service Agreement with the City of Muskegon Heights.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
2008-81 PUBLIC HEARINGS:
      A. 2009 Budget. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2009. 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 2009 budget with whatever changes
or adjustments it deems necessary. In any event, City Charter requires the
budget be adopted no later than September 25, 2008.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2009. 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 2009.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2009 City of Muskegon Budget resolution. Also,
approval of the 3rd Quarter 2008 Budget Reforecast as shown in the Budget
Book is recommended at this time.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and adopt the 2009 Budget and the 3rd Quarter 2008 Budget
Reforecast as shown.
ROLL VOTE: Ayes:     Gawron, Shepherd,       Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
2008-82 NEW BUSINESS:
      A. Liquor License at 435 & 441 W. Western. CITY MANAGER
SUMMARY OF REQUEST: To rescind the action to request the Liquor Control
Commission to revoke the Class C liquor license for D & L of Michigan (Spotlight)
at 435 and 441 W. Western Avenue. This action would make it possible that this
license could remain in the City.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to rescind the
action to request the Liquor Control Commission to revoke the Class C liquor
license for D & L of Michigan at 435 and 441 W. Western Avenue.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:02 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk
Date:      September 23, 2008
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Election Receiving Board




SUMMARY OF REQUEST: An Election Receiving Board is allowed to
check paperwork for accuracy on election night. Michigan State Election
Law requires that each municipality adopt a resolution if they utilize a
Receiving Board for elections.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: To adopt the resolution.
Date: September 23, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Office Supplies Vendor


SUMMARY OF REQUEST: Since 2000, the City has used Staples as its sole-source
vendor for office supplies. Oakland County has made available its America Saves office
supplies program with OfficeMax which staff believes offers better value for the City:
    •     Contract competitively bid by Oakland        •   Program offers other valuable services
          County saving our staff time.         City       such as obsolete technology recycling
          purchasing power pooled and leveraged            and initiatives to make office supply
          – i.e. America Saves has 300+                    consumption as “green” as possible.
          government       participants    spending
          $27million on office supplies yearly.

    •     Preferred pricing arrangement for copy       •   City pricing extended to employees – a
          paper which it is estimated will lower           valuable no-cost employee benefit we
          paper costs by 7-10% and free up staff           can provide.
          time spent on soliciting bids and handling
          inventory.                                   •   Opportunity to support business located
                                                           within City.
    •     City may discontinue participation any
          time

The materials attached describe the features of this program in greater detail.

FINANCIAL IMPACT: The City spends approximately $40,000 on office supplies
(including copy paper) annually. Communities participating in America Saves report on
average 12% savings ($4,800). The City will also save in other ways such as moving away
from maintaining large inventories of copy paper.

BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the City to participate in the America
Saves purchasing contract through Oakland County and approval of the preferred paper
pricing program agreement letter with Office Max.

COMMITTEE RECOMMENDATION: None.



9/18/97                                                                                         1
OfficeMax Incorporated                   _______________________________________
13301 Stephens Road                      Print Company Name
Warren, MI 48089
                                         _______________________________________
______________________________________   Company Address
Print Name/Title
                                         _______________________________________
______________________________________   Print Name/Title
Signature
                                         _______________________________________
______________________________________   Signature
Date
                                         _______________________________________
                                         Date

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