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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 12, 2005
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, April 12, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
of the Word of Truth Outreach 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 Bill Larson, Commissioner Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-32 HONORS AND AWARDS:
A. Sarah Johnson. Commissioner Clara Shepherd presented Dr. Sarah Johnson
with a Certificate of Recognition from the City Commission.
2005-33 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, March 22, 2005, and the Special Commission Meeting that
was held on Tuesday, March 29, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License - Muskegon Community Health
Project. CITY CLERK
SUMMARY OF REQUEST: Muskegon Community Health Project, 565 W. Western
Avenue, is requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for “Setback, Front”. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to clarify the
definition for “Setback, Front”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to clarify the definition for “Setback, Front”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
D. SECOND READING: Zoning Ordinance Amendment to Article II (Definitions)
of the Zoning Ordinance for “Informational Sign”. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a definition
for “Informational Sign”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to add a definition for “Informational Sign”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
E. SECOND READING: Zoning Ordinance Amendment to the Sign Ordinance
for Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(10.) of Article XXIII (General
Provisions) to amend the sign ordinance language regarding campus signage.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to amend the sign ordinance language regarding campus signage.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
F. SECOND READING: Rezoning Request for Properties Located at 704, 714,
724, and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 704, 714, 724, and
734 E. Apple Avenue, from R-1, Single Family Residential to B-2, Convenience &
Comparison Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
G. Procurement of Police Patrol Rifles. PUBLIC SAFETY
SUMMARY OF REQUEST: The Muskegon Police Department currently has in its
possession two (2) Thompson and four (4) Uzi machine guns. The department has
been in possession of these weapons for many years. While these weapons are of
great interest to collectors, they are useless as to our needs. At this same time, we
are in need of replacing our current stock of patrol shotguns and there are a number
of reasons for doing so.
First, the shotguns are aging and require a great deal of care. Secondly, the shotgun
is heavy and can be difficult for many of us to handle. In this regard, I also have
concerns about the control of pellets or a slug when the shotgun is fired. Finally, our
current patrol-level tactical training calls for the use of a rifle. We are currently
training patrol officers in what is known as “Active Shooter” situations. Primarily
designed to prepare officers to respond to shooting incidents in schools or businesses,
it calls for the use of an accurate shoulder-fired weapon. The shotgun does not
meet this need.
Realizing that we do not have the funds to purchase such weapons, our Firearms
Training Team has been talking with collectors and dealers. Some have offered to
purchase the machine guns while others have offered to us a variety of trades.
Recently we were contacted by Cinema Weaponry LLC of Glendale, California. This
company provides weapons for the movie industry. Cinema Weaponry has offered
to trade to us twenty (20) new Colt Law enforcement M4 semi-automatic carbines
with accessories in return for the six machine guns. They would also pay for the
shipping costs. Our firearms team had already settled on the M4 as the rifle of choice
and has recommended to me that this trade would meet our needs. The purchase
price of an M4 is approximately $950. Therefore, this trade would result in a savings to
us of $19,000 if we were to have to purchase these rifles.
We have been in contact with the Bureau of Alcohol, Tobacco and Firearms in
regards to this transaction. They have advised us that this trade is legal and will
provide guidance with the appropriate paperwork. I have also asked our City
Attorney to review this transaction and to assist us with the appropriate legal
agreement.
To us during these tight budget times it makes sense to trade these weapons that we
will never be able to use for weapons that we can use. We ask for your
consideration in approving this trade.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Consideration of this request.
H. Resolution Opposing the Elimination of the Community Development Block
Grant Program. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community and
Neighborhood Services Department to submit it to the Federal Administration.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
I. Resolution to Support Additional Municipal Service Cooperation throughout
Muskegon County.
Motion by Commissioner Gawron, second by Commissioner Carter to approve the
Consent Agenda with the exception of item J.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
2005-34 ITEM REMOVED FROM THE CONSENT AGENDA:
J. Policy Regarding Local Preference Purchasing / Contracting.
Motion by Vice Mayor Larson, second by Commissioner Davis to adopt the policy
with change.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
2005-35 UNFINISHED BUSINESS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis
(Tabled from 3-22-05). ENGINEERING
SUMMARY OF REQUEST: 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.
Motion by Commissioner Spataro, second by Commissioner Gawron to create the
special assessment district for Ireland, Davis to Franklin and assign two City
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
Commissioner Gawron and Spataro were appointed to the Board of Assessors.
B. Create a Special Assessment District for Franklin Street, Laketon to Ireland
(Tabled from 3-22-05). ENGINEERING
SUMMARY OF REQUEST: 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.
Motion by Commissioner Spataro, second by Commissioner Gawron to create the
special assessment district for Franklin, Laketon to Ireland and assign two City
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Commissioner Gawron and Spataro were appointed to the Board of Assessors.
2005-36 NEW BUSINESS:
A. MDNR Agreement Amendment for Lakeshore Trail. CITY MANAGER
SUMMARY OF REQUEST: To adopt a resolution to approve a Project Agreement
amendment between the City and MDNR for the Lakeshore Trail project. This is
necessary to complete the Chase Hammond Golf Course conversion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
MDNR Agreement and resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
B. Approval of the 2005-2006 Action Plan. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the 2005-2006 Action Plan for the City of
Muskegon Community Development Block Grant/HOME activity. If the Action Plan is
approved, the CNS will continue the comment period of the Action Plan as
amended if needed until April 17, 2005. On April 18, 2005, the CNS office will submit
the Action Plan to the U.S. Housing and Urban Development as required in order to
request the release of funds for the 2006-2007 fiscal year.
FINANCIAL IMPACT: Action Plan establishes the 2005-2006 budget.
BUDGET ACTION REQUIRED: None at this time, budget established by Action Plan.
STAFF RECOMMENDATION: To approve the Action Plan.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the
2005-2006 Action Plan.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
C. Public Service Building Modifications. PUBLIC WORKS
SUMMARY OF REQUEST: We are requesting approval to purchase one heating and
air conditioning unit to service 2 offices being created in a shop area. This
equipment will also replace aging equipment for the conference room and 3 other
interior offices. By centralizing to one unit and eliminating 4 other units, energy
savings are anticipated.
FINANCIAL IMPACT: $11,553.67. $50,000 has been earmarked for capital needs at
the Public Service Building in 2005.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION: Recommend approval.
Motion by Vice Mayor Larson, second by Commissioner Carter to approve the Public
Service Building modifications and award the bid to Bowen Refrigeration, Heating &
Cooling.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Signal Maintenance for Public Crossing over CSX’s Tracks. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to issue a payment of $30,000 due CSX from
the City for the nine (9) public crossing over active CSX tracks. The Attorney’s Office
reviewed the claims by CSX and found them to be accurate in their demand for
compensation as called for in Public Act 354, adopted in 1994. Staff was not aware
of such charges until the bill was received in March of 2005. The amount requested
was negotiated down with CSX to $30,000 from the amount originally requested of
$37,530.
FINANCIAL IMPACT: $30,000.
BUDGET ACTION REQUIRED: This additional expense will be reported on the
upcoming quarterly budget update.
STAFF RECOMMENDATION: Authorize payment to CSX for $30,000.
Motion by Commissioner Spataro, second by Vice Mayor Larson to authorize
payment.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
E. Consideration of Bids for Pine Street, Laketon to Dale. ENGINEERING
SUMMARY OF REQUEST: The milling and resurfacing contract (H-1601) on Pine Street
between Laketon Avenue and Dale Avenue be awarded to Asphalt Paving, Inc. out
of Muskegon, MI. Asphalt Paving, Inc. was the lowest responsible bidder with a bid
price of $33,445.60.
FINANCIAL IMPACT: The construction cost of $33,445.60 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Asphalt Paving, Inc.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the
contract to Asphalt Paving, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
F. Transmittal of 2004 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2004 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time the CAFR is
being formally transmitted to the Commission in accordance with state law. The 2004
CAFR has been prepared in accordance with GASB 34 accounting standards. The
2004 CAFR also includes the “single-audit” of federal grants. Previously, the single
audit was filed as a separate report.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial activities
for 2004 and includes the independent auditor’s unqualified opinion on the City’s
financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the 2004 CAFR.
Motion by Commissioner Carter, second by Commissioner Gawron to approve the
2004 CAFR.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
G. Request for Encroachment Agreement By: Lake Express LLC. ENGINEERING
SUMMARY OF REQUEST: Lake Express LLC has requested your permission to erect
directional sign on the Lakeshore Drive public right of way. The proposed location of
the sign is the northwesterly corner of the intersection of Lakeshore Drive and Estes
(assumption is Estes is a north-south direction). The sign will be a double face lit-up
and raised about 10’ above the sidewalk surface.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
encroachment agreement with supplemental conditions.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
H. Consideration of Bids: Janitorial Services for 2005 – 2008. ENGINEERING
SUMMARY OF REQUEST: To award a janitorial services contract to Reliant Professional
Cleaning out of Grand Haven to clean City Hall/Police Department and the Public
Service Building for the next 3-years starting May 1, 2005, and thru April 30, 2008, with
an option on a fourth year. Reliant was the lowest responsible bidder with bid price
as follows:
2005-06 2006-07 2007-08 Total
City Hall & P.D. $40,435.04 $40,435.04 $41,166.04 $122,036.12
Public Service $12,459.60 $12,459.60 $12,699.60 $37,618.80
Building
Totals $52,894.64 $52,894.64 $53,865.64 $159,654.92
FINANCIAL IMPACT: The above stated annual costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award a three-year contract to Reliant Professional
Cleaning with an optional fourth.
Motion by Commissioner Gawron, second by Commissioner Spataro to award a
three-year contract with option for fourth to Reliant Professional Cleaning.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
I. LEAD Program – City Participation in GEAR UP 2011 Grant Proposal.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Muskegon Public Schools is requesting the City’s partnership
in the above-referenced program. Giving their tight timeline (they requested a
response on March 29, 2005) and the fact that what was requested of the City
complies with the City Commission’s goal to “Foster Opportunities for City Youth”,
with the City Manager’s approval we consented to participate contingent upon City
Commission approval. I have also provided a summary breakdown of the type of in-
kind services the City might offer in exchange for students volunteer services at City
activities.
FINANCIAL IMPACT: Largely in-kind service.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends partnering with Muskegon Public
School to apply for GEAR UP 2011 Grant Proposal.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
partnering with Muskegon Public School to apply for GEAR UP 2011 Grant Proposal.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
J. Accept Shoreline Dr. East (First to Eastern) into the City’s Street System.
ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution, including exhibit A, accepting
Shoreline Drive East from First Street to Eastern Avenue and the realigned section of
Ottawa Street between Ottawa and Western Avenue into the City’s street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to accept
Shoreline Drive East into the City’s Street System.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
2005-37 PUBLIC PARTICIPATION: Martha Bottomley explained the Title V Grant.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
request to apply for the second year renewal of Title V Grant.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:04 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk