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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 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, January 22,
2008.
Mayor Warmington opened the meeting with a prayer from Reverend Dennis
Remenschneider from St. Paul’s Episcopal 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 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.
2008-10 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the January 2nd Organizational
Meeting, January 7th Commission Worksession, and the January 8th Regular
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Amendment to the Zoning Ordinance – Remove
Reference to Section 2308. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1301 # 14, of article XIII (B-4,
General Business Districts), Section 1400, # 13, of Article XIV, (I-1, Light Industrial
Districts), and Section 1500, # 9, (I-2, General Industrial Districts), of Article XV, to
remove the reference to Section 2308, (1)(f).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to Section 2308, (1)(f).
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 13, 2007 meeting. The vote was
unanimous with J. Aslakson and B. Smith absent.
D. Restructure Fisherman’s Landing Loan Terms. FINANCE
SUMMARY OF REQUEST: In 2004-05 the City agreed to loan to Fisherman’s
Landing, Inc. $150,000 as matching funds for a state grant. The funds were used
to construct a new restroom/shower/laundry facility at the site. Terms of the
loan called for repayment in 15 equal principal payments at an annual interest
rate of 7%. Subsequent to this loan, the City issued bonds for the new fire station
and recreation projects (including reimbursement of funds loaned to
Fisherman’s Landing). The City’s net interest cost for the bonds is 4.15%. Staff
proposes reducing the interest rate on the remaining balance of the loan to the
City’s actual borrowing cost.
FINANCIAL IMPACT: The City will receive $21,854 less interest from Fisherman’s
Landing over the remaining life of the loan. However, these funds will go
towards maintenance and improvements at the City-owned facility. The
Fisherman’s Landing group has taken on significant new responsibilities
(including paying peak-season electric bills and mowing) under the new
operating agreement. These activities save the City considerable money and
staff time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the restructuring of the loan to
Fisherman’s Landing reducing the interest rate from 7% to 4.15%
E. WEMET Leased Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
utilize Criminal Forfeiture Funds to cover the costs of the leased WEMET vehicles
for the period that coincides with the State of Michigan fiscal period (October,
2007 through September, 2008). The Ottawa County Fiscal Services Department
serves as the fiscal agent and provides budget-related service to WEMET. The
obligation for the vehicles for this period is $24,760.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
F. Purchase of Computer Equipment. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission
approve the use of Criminal Forfeiture Funds to purchase new computer
hardware. These computers will be utilized in the Detective Bureau. The current
computers are approximately four years old and we are beginning to
experience a number of malfunctions. We would like to replace 12 computers,
10 software licenses and a network storage device to increase our storage
capability.
This bid was developed with the assistance of the Information Technologies
Department.
FINANCIAL IMPACT: Cost for this package is $17,870.78.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
G. Admiral Petroleum Request for an Encroachment Agreement.
ENGINEERING
SUMMARY OF REQUEST: Hopp Environmental, on behalf of Admiral Petroleum, is
requesting your permission to install two horizontal monitoring wells and one
vertical well in the easterly right-of-way of McIllwraith Street approximately 100’ –
160’ south of Laketon Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
H. Consideration of Bids for City Hall Emergency Generator (B-235).
ENGINEERING
SUMMARY OF REQUEST: Award a contract for the placement of an emergency
generator at City Hall to Ottawa Electric out of Grand Haven since they were
the lowest responsible bidder with a bid price of $135,922.
FINANCIAL IMPACT: $135,922.
BUDGET ACTION REQUIRED: None at this time since $150,000 was budgeted for
this item in the 2007 budget.
STAFF RECOMMENDATION: Award the contract to Ottawa Electric.
I. Construction Engineering Services Agreement for Sherman/Henry
Intersection Improvements. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink Inc. out of Muskegon to perform the
construction engineering services (inspection) on this federally funded project.
Fleis & Vandenbrink’s services are necessary due to lack of experienced staff’s
availability at the time of anticipated start of construction (April thru June).
FINANCIAL IMPACT: The charges will be based on Time & Material with a not to
exceed fee of $30,900.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Fleis
& Vandenbrink.
J. City - MDOT Agreement for Federal Money Loan to Reconstruct Clay
Avenue, Third Street to Terrace Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Clay Avenue from Third Street to Terrace Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the contract
for the federal funds loan from the state.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the Major Street and water funds as shown in the 2008 budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Consent Agenda as read minus items C, K, and L.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2008-11 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Amendment to the Zoning Ordinance – WM, Waterfront Marine Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow an additional
special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow an additional special land use in the WM, Waterfront Marine
zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January 10th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Carter, second by Commissioner Wierengo to table the
amendment to the Zoning Ordinance for WM, Waterfront Marine Districts, Special
Land Uses Permitted to the February 12th City Commission Meeting.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
K. City - MDOT Agreement for the Reconstruction of Clay Avenue, Third
Street to Terrace Street. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Clay Avenue between Third Street and Terrace Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the federal funds of
$344,200. The estimated total construction cost is $381,700.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the City – MDOT Agreement for the reconstruction of Clay Avenue, Third Street to
Terrace Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
L. Resolution to Collect Taxes Levied in the Summer. TREASURER
SUMMARY OF REQUEST: To approve the resolution rescinding the previous
resolution that declined to collect the State Education Tax in a summer levy.
City staff was contacted by the Michigan Department of Treasury, Local
Government Section, who indicated that the resolution needs to be approved
in the month of January.
FINANCIAL IMPACT: To meet the 2008 fiscal year approved budget projection.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution to collect taxes levied in the summer.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski,
and Carter
Nays: None
MOTION PASSES
2008-12 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Creston Street, Laketon
Avenue to Evanston Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Creston Street from Laketon Avenue to Evanston Avenue, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $30,254.66 would be spread against the ten
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the spreading of the Special Assessment Roll for
Creston Street, Laketon Avenue to Evanston Avenue.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
B. Create Special Assessment District for Pine Street, Apple Avenue to
Western Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Pine Street, Apple Avenue to Western Avenue project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard in opposition to the project from Chris Thorsen,
860 Pine Street (owner of Baker Auto Trim); Ken Appelt, 813 and 821 Pine Street;
David Bolen, owner of building on the corner of Pine & Western – 750 Pine Street;
and from Dennis Lohman, Northwestern Mill, 820 Pine Street.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and create the Special Assessment District for Pine Street, Apple
Avenue to Western Avenue and appoint two City Commissioners to the Board of
Assessors.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Shepherd and Vice Mayor
Gawron to the Board of Assessors.
C. Create Special Assessment District for Vincent Drive/Park Drive, Barclay
Street to North End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Vincent Drive/Park Drive, Barclay Street to North End project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
The proposed special assessment district is a benefit based special assessment
since, according to the City’s Assessor, the benefit received is equal among all
35 properties abutting the street and 2300 Park Drive.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard in opposition of the project from Sammie
Coleman, 2368 Vincent and 2350 Park; Tom Johnson, 2361 Park; Mary and
Robert Vanderwest, 2355 Vincent; David Bialik, 2330 Vincent; Dennis Kurn, 2267
Vincent; Thomas and Susan Kent, 2264 Vincent and 2261 Barclay.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to take no
action on this project and not create the Special Assessment District for Vincent
and Park Drive, Barclay Street to North End.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
PLANNING & ECONOMIC
D. Revocation of IFT - Office Machines.
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the Industrial Facilities Tax Exemption (IFT) for the
parcel at 2185 Roberts Street be revoked. The former company at this location,
Printing Source, sold the building and the IFT was never transferred to the new
owner. The new company, Office Machines, is not eligible for an IFT because
they are not involved in manufacturing.
FINANCIAL IMPACT: The City will now charge full taxes on the parcel at 2185
Roberts Street.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
Public Hearing and revoke the Industrial Facilities Tax Exemption for Office
Machines.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Warmington, and
Wierengo
Nays: None
Absent: Spataro (stepped out of the room)
MOTION PASSES
2008-13 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1519 Terrace (Shed/Shanties) – Area 13
499 W. Muskegon – Area 10
1553 Pine – Area 13
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 1519 Terrace
(Shed/Shanties), 499 W. Muskegon, and 1553 Pine.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk