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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 27, 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, May 27,
2008.
Mayor Warmington opened the meeting with a prayer from Pastor Lowell
Anderson from the Central Assembly 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 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
2008-45 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 12th Commission
Worksession, and the May 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. 2008-2009 Michigan Municipal League Membership Dues. CITY CLERK
SUMMARY OF REQUEST: Approval to pay the 2008-2009 MML dues in the amount
of $9,855.
FINANCIAL IMPACT:
MML Dues $8,078
Environmental Assessment $ 969
Legal Defense Fund $ 808
Total $9,855
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Fireworks Display Permit for Muskegon Country Club, 2801 Lakeshore.
CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2008, at the Muskegon Country Club. The
insurance coverage has been approved and Fire Marshall Metcalf will inspect
the fireworks on the day of the event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Vacation of East/West Alley and Southerly 60 feet of the North/South
Alley Bounded by Ray, Laketon, Getty and Holbrook. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the East/West section of the
alley and the Southerly 60 feet of the North/South section of the alley in the City
of Muskegon’s Westerman’s Subdivision, bounded by Ray Street, Laketon
Avenue, Getty Street, and Holbrook Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the alley with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their May 15, 2008, meeting, with the condition that all
utility easement rights be retained. The vote was unanimous with T. Harryman, T.
Michalski, J. Aslakson, and B. Smith absent.
E. MDNR Central Reservation System Contract Extension. PUBLIC WORKS
SUMMARY OF REQUEST: To approve the renewal of the Michigan Department of
Natural Resource’s Central Reservation System contract between the City of
Muskegon’s Hartshorn Marina and the MDNR.
The MDNR Central Reservation System, whereby a transient boater can make a
reservation in advance, collects Transient Boat Slip Payments which are then
paid to the City. The contract would remain in effect through October 31, 2015.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and authorize the Mayor
and City Clerk to sign four copies.
F. Construction Engineering Services for Drainage Facility at West Branch
of Ruddiman Creek and Vacated Greenwood Street. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering
services agreement with Prein & Newhof to perform the inspection and staking
to replace the existing culver at the westerly branch of Ruddiman Creek at the
vacated Greenwood Street. The $14,919.10 of not to exceed fee will be shared
between the cities of Norton Shores, Roosevelt Park and the City of Muskegon
based on a previously established percentage.
Prein & Newhof is being recommended due to the reasonable fee proposal as
well as their familiarity in the project since they were the design engineers.
FINANCIAL IMPACT: The City share of the fee, which is about $5,520 (37%).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into a construction
engineering services agreement with Prein & Newhof.
G. Acceptance of an Easement from Sherman/Buckner LLC.
ENGINEERING
SUMMARY OF REQUEST: Accept a storm sewer easement from
Sherman/Buckner LLC to replace and maintain a storm sewer culvert at the west
branch of Ruddiman Creek north of Sherman Blvd. and authorize the Mayor and
Clerk to sign the easement documents and direct staff to record said easement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Accept easement and direct staff to record.
I. Consideration of Bids for Bike Path along Lakeshore Drive, Cottage
Grove to McCracken. ENGINEERING
SUMMARY OF REQUEST: Award the bike path construction/stripping contract to
C & L Trucking out of Iona since they were the lowest responsible bidder with a
total bid price of $93,412.18.
FINANCIAL IMPACT: The construction cost of $93,412.18 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to C & L Trucking.
J. Consideration of Bids for Sewer Replacement and Lining in the Alley
between Crowley, Henry, Windsor, and Young. ENGINEERING
SUMMARY OF REQUEST: Award the sewer replacement/lining contract within
the referenced alley to Kamminga & Roodvoets out of Grand Rapids since they
were the lowest responsible bidder with a total bid price of $88,110.
FINANCIAL IMPACT: The construction cost of $88,110 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Kamminga & Roodvoets.
K. Consideration of Bids for Jiroch, Southern to Irwin; Dale, Peck to
Sanford; and Seventh Street, Muskegon to Webster. ENGINEERING
SUMMARY OF REQUEST: Award the Jiroch, Dale, and Seventh Streets
construction contract to Milbocker & Sons out of Allegan since they were the
lowest responsible bidder with a total bid price of $495,786.70.
FINANCIAL IMPACT: The construction cost of $495,786.70 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Milbocker & Sons.
M. Acceptance of an Easement from Betten. ENGINEERING
SUMMARY OF REQUEST: Accept a sanitary sewer easement from Betten within
which the existing sanitary sewer line will be relocated as part of the Betten
development on the east side of Henry Street. Furthermore, if acceptable,
direct staff to record said easement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Accept easement and direct staff to record.
N. Consumers Energy Grant/Muskegon Unity Academic Olympics.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for the Mayor and the City Manager to sign
the grant application to the Consumers Energy Foundation for assistance with
the proposed First Annual Muskegon Unity Academic Olympics for students in
grades K through 8 with strong emphasis on students who attend Muskegon
Public Schools.
In partnership with the Muskegon Public Schools, the CNS office, along with
several other community stakeholders, is proposing to sponsor an academic
competition for Muskegon Public School students in grades K through 8. The
competition will be designed to be interactive, as well as educational, with
emphasis in the four disciplines: math, language, social studies and
mechanical/technology. It is hoped that this event will be a primer for the MEAP
test that students will be required to take in September, upon returning to
school. The event is scheduled to take place in August, if the necessary funds
are raised.
This event is hoped to be an illustration on how the community can come
together with our different resources to improve and showcase the educational
achievements of our young people. The CNS office has obtained confirmed
financial commitments from Community Shores Bank, Mercy General Hospital
and the Muskegon Community Foundation. In addition, Michigan State
Extension and the Muskegon County Family Court have also expressed their
support.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the CNS office request.
O. First Quarter 2008 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is requesting approval of the First
Quarter 2008 Budget Reforecast which outlines proposed changes to the
original budget that have come about as result of changes in policy priorities,
labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: The biggest change is an adjustment of projected income
tax revenues from $6.9 million to $7.2 million. This upward adjustment is based on
an analysis of recent collection history and allows us to eliminate from the 2008
budget the projected transfer of $300,000 from the Budget Stabilization fund.
Other revenue items are generally on target with projections as are most
operating budgets. We are, of course, hopeful that the Governor’s proposal to
increase revenue sharing by four percent is successful. This would impact the
last three payments (of six) for the City’s 2008 fiscal year. Significantly, employee
healthcare coverage was renewed at a 6% increase which is within our budget
projection.
Aside from income tax, the other significant changes to the 2008 budget
included in the first quarter reforecast are in the area of capital improvements.
Most of these changes reflect the reallocation of costs due to failed/withdrawn
special assessment projects.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Adopt the Budget Reforecast as previously
submitted by staff.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented minus items H and L.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2008-46 ITEMS REMOVED FROM THE CONSENT AGENDA:
H. Resurfacing of Western Avenue between Third and Terrace.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Fleis &
Vandenbrink (Engineer) and Milbocker & Sons (Contractor) to share in the cost
of the milling and resurfacing of Western Avenue between Third and Terrace in
an effort to remove the unexplained edge cracking which was discovered
shortly after the initial pavement. Under this proposal, the City will contribute
25% of the estimated $53,000 cost.
After over a year of evaluation, no one appears to understand the cause of the
pavement failure; but all recognize the need to participate in the corrective
measure being proposed.
FINANCIAL IMPACT: The City share of the estimated cost is $13,250.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with the
contractor and engineer to perform the repairs.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the resurfacing of Western Avenue between Second and Terrace.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
L. Consideration of Bids for Beidler Street, Laketon to Southern.
ENGINEERING
SUMMARY OF REQUEST: Award the Beidler construction contract to Milbocker &
Sons out of Allegan since they were the lowest responsible bidder with a total
bid price of $520,531.21.
FINANCIAL IMPACT: The construction cost of $520,531.21 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Milbocker & Sons.
Motion by Commissioner Shepherd, second by Commissioner Wierengo to
award the bid for Beidler Street, Laketon to Southern to Jackson Merkey for a bid
of $525,860.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to table the
consideration of bids for Beidler Street, Laketon to Southern to the next City
Commission Meeting.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION TO TABLE PASSES
2008-47 PUBLIC HEARINGS:
A. Resolution Revoking the Industrial Facilities Exemption Certificate for
Beckstrom Mold Technologies. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the real property component of the Industrial
Facilities Exemption Certificate issued to Beckstrom Mold Technologies be
revoked due to delinquent taxes. The certificate was issued in 1997 and gave
the company a six-year exemption on personal property and a twelve-year
exemption on real property.
FINANCIAL IMPACT: The Company will reimburse the abated taxes.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor
and Clerk to sign the resolution revoking the real property component of IFT
certificate No. 97-407.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
public hearing and approve the resolution revoking the Industrial Facilities
Exemption Certificate for Beckstrom Mold Technologies.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2008-48 NEW BUSINESS:
A. Resolution to Sell 237 E. Walton. COMMUNITY & NEIGHBORHOOD
SERVICES DEPARTMENT
SUMMARY OF REQUEST: To approve the resolution to sell the City-owned home
at 237 E. Walton to Ms, Kaitlin McDonald of 1021 Tisdale Avenue, Lansing, MI, for
the price of $89,500, in addition to the affordability price based on the
appraised value.
The home at 237 E. Walton was built by the City of Muskegon through the
Walton Street Renaissance aka Hilltop View project. The development consists
of six new single-family homes that were built in a previously abandoned,
vacant old urban renewal area. The purchase of this home will complete this
development with all owner-occupied residences. The sale of this property will
allow CNS to pay off a loan obtained by our CHDO, Neighborhood Investment
Corp. The loan financed the construction of the street that runs from Murphy to
Emerald on Walton.
FINANCIAL IMPACT: The Program Income from the project will be deposited in
the City’s HOME account after subtraction of $60,000 for the payoff of the loan
from Fifth third Bank.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and sale of 237 E. Walton
to Ms. Kaitlin McDonald.
COMMITTEE RECOMMENDATION: Both the Land Utilization Committee and the
City Commission approved the initial Walton Street Development.
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to approve
the resolution and sale of 237 E. Walton to Ms Kaitlin McDonald for the price of
$89,500.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
B. Rezoning Request for Property Located at 381 E. Laketon Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 381 E. Laketon
Avenue from B-2, Convenience and Comparison Business to B-4, General
Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to
recommend denial of the request at their May 15, 2008, meeting. The motion
passed by a 4-1 margin, with S. Warmington opposed to the denial. T.
Harryman, J. Aslakson, T. Michalski, and B. Smith were absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to deny the
request to rezone property located at 381 E. Laketon Avenue.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
C. Resolution Approving Michigan Department of Transportation Grant
Application. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the request to submit the grant application
to the Michigan Department of Transportation for the Lakeside Business District
enhancements. Improvements include traffic calming measures, beautification,
signage, and environmental mitigation. This transportation plan was initially
created by the Sidock Group as a donation to the Lakeside Business District.
Commission passed a resolution in 2006 to pursue the enhancements in the plan,
but to follow the suggestions made in Bob Kuhn’s letter. Staff has adjusted the
plan accordingly to follow Mr. Kuhn’s suggestions and to meet the grant
guidelines.
FINANCIAL IMPACT: Improvements to the area could result in a more vibrant
commercial district.
BUDGET ACTION REQUIRED: The grant requires a 20% match. The total project
cost is estimated to be $179,564, resulting in a $31,098 match from the City.
STAFF RECOMMENDATION: To approve the request and sign the resolution.
Motion by Vice Mayor Gawron, second by Commissioner Wisneski to approve
the request to submit the grant application to the Michigan Department of
Transportation for the Lakeside Business District enhancements.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
D. Downtown Development Authority On-Premise Liquor License for
Muskegon Athletic Club. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution approving a Downtown
Development Authority On-Premise Liquor License for the Muskegon Athletic
Club. The Liquor Control Code allows for additional liquor licenses within
Downtown Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the resolution for a Downtown Development Authority On-Premise Liquor License
for the Muskegon Athletic Club.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
E. Special Events Multiple Liquor License Requests. LEISURE SERVICES
SUMMARY OF REQUEST: The following organizations are requesting a temporary
liquor license or an extension of their liquor license:
• The Muskegon Fraternal Order of Eagles (Aerie 668) is requesting a extension
of their current liquor license to be able to serve non-members during the
Muskegon Summer Celebration (June 27th through July 6th). The following
temporary alcohol licenses have been approved for this time period:
Muskegon Summer Celebration, and Mike’s Inn.
• Muskegon Fraternal Order of Eagles (Aerie 668) is requesting an extension of
their current liquor license to be able to serve non-members during the
Muskegon Bike Time Event, scheduled July 18th through July 20th. The
following temporary alcohol licenses have been approved for this time
period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike’s
Inn.
• The Muskegon Yacht Club is requesting an extension of their current liquor
license to be able to host the Harbor Hospice Chronicle Regatta on July 5,
2008. The following temporary alcohol licenses have been issued for this
date: Muskegon Summer Celebration, and Mike’s Inn.
• Port City C.I.O. Building Association, 490 W. Western Ave. is requesting a
temporary liquor license during the Muskegon Bike Time Event, scheduled for
July 17th through July 20, 2008. The following have already been approved:
Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the
requests.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the special events multiple liquor license requests that were presented.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
F. Michigan Irish Music Festival Request. LEISURE SERVICES
SUMMARY OF REQUEST: Request for exclusive peddling and selling rights during
the Michigan Irish Music Festival.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All peddling and selling rights pertaining to the
Michigan Irish Music Festival are restricted to the location of the event at
Heritage Landing.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
event at their April 21st meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the request from Michigan Irish Music Festival for exclusive peddling and selling
rights during the festival.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
G. Third Street Sculpture Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement between the City and the
Community Foundation for Muskegon County for the placement and
maintenance of a sculpture in the right-of-way at Third Street and Western
Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the agreement between the City and the Community Foundation for Muskegon
County for the placement and maintenance of a sculpture in the right-of-way at
Third Street and Western Avenue subject to final approval by the City Manager
and Attorney.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
H. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: PUBLIC SAFETY
1752 Beach
371 Houston – Area 10
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 for 1752 Beach and General Funds for 371
Houston.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 371 Houston.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 1752 Beach
Street.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various items were discussed.
2008-49 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session to discuss pending litigation.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Wisneski to come
out of Closed Session.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:10 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk