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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 13, 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, September
13, 2005.
Mayor Warmington opened the meeting with a prayer from Pastor D. L.
Rogers from Zion Baptist 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 Bill Larson, Commissioner
Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2005-82 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 23, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Liquor License Transfer of Ownership Request – Ruby Tuesday. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from RT Michiana Franchise, LLC, to transfer
interest in the 2005 12-months Resort Class C licensed business by dropping Jerry
Smith as a member thru transfer of his 99% interest to existing member, Ruby
Tuesday, Inc., and by adding RT One Percent Holdings, Inc., as a new member
thru transfer of 1% interest from existing member, Ruby Tuesday, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent upon final inspection.
D. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Deaf/Hard of Hearing Connection, 3391 Merriam Street,
is requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license. The event
will be at Heritage Landing. Due to time constraints, they are coming to us after
the event (permission has been given by the State). They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
E. Request to Purchase Tax-Reverted Properties. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan is offering the City a number of
tax-reverted properties acquired prior to 2002 and available to us under the “old
program” for the bargain price of $300 for the first five properties and $20 for
each additional property after that. Since the City continues to mow and
maintain these lots, even though they are State-owned, it would be
advantageous to the City to take ownership of them. We can then attempt to
sell them and get them back on the tax rolls. The Community and
Neighborhood Services Department will be obtaining seven of the properties
from the list for their program, one of which is a home to rehabilitate.
FINANCIAL IMPACT: Total cost of the 32 properties is $840.
BUDGET ACTION REQUIRED: Expend the additional $840 necessary to purchase
these parcels.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval at their regular meeting of August 23, 2005.
F. County Wastewater Easements. CITY MANAGER
SUMMARY OF REQUEST: To approve two agreements with Muskegon County
which grants easements to the County across City property for the purpose of
the County constructing and maintaining water lines.
FINANCIAL IMPACT: $1,600 in revenue to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the two easement agreements.
G. Approval of Contractor for Completion of Rehabilitation of Structure at
458-460 Mulder. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Nobles Incorporated, 210
East Broadway, Muskegon, MI for the completion of the rehabilitation of the
City-owned home at 458-460 Mulder for $68,439. Operation: Two will be made
into one. This present two-unit structure will be converted into a single family
home in order to be more conforming to the immediate neighborhood. After
the rehabilitation is completed, the home will be marketed to qualified eligible
first-time homebuyers.
Two other bids were received for this project:
Top Notch Design
4740 Jenson, Fruitport $96,995
Lewis Johnson Builders
1607 Bonita Court, Grand Haven $82,800
FINANCIAL IMPACT: The funding for this project will be taken from the City’s
HOME funds from fiscal year 2004 and program income.
BUDGET ACTION REQUIRED: None required.
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services request.
H. City-County Agreement for Community Development Block Grant
Funds (Neighborhoods of Choice). PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the agreement between the City and the
County for the expenditure of Community Development Block Grant funds for
the Neighborhoods of Choice project.
FINANCIAL IMPACT: The City will receive $500,000 in grant funds from the State
of Michigan, through the County of Muskegon for the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign.
I. Request for an Encroachment Agreement (Laketon & Henry, Northwest
Corner). ENGINEERING
SUMMARY OF REQUEST: BLDI Environmental who is working with Ken’s Super
Service Station at the northwest corner of Laketon and Henry has submitted an
encroachment agreement form requesting your permission to install five (5)
monitoring wells in the area surrounding the aforementioned station. The wells
would be installed in the public right of ways of Hudson, Laketon, Henry, and
Division.
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.
J. Fireworks Display - Blue Corner Boxing. CITY CLERK
SUMMARY OF REQUEST: Blue Corner Boxing is requesting approval of a fireworks
display permit for their boxing event at the L. C. Walker Arena on September 24,
2005. 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
and approval of the insurance.
K. Accept Resignation and Make Appointment to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation from J. D. Wallace from the
Zoning Board of Appeals, and appoint Carol Lynne Nash to the Loan Fund
Advisory Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
L. Approve Resolution Requests. CITY CLERK
SUMMARY OF REQUEST: To approve resolution requests for Muskegon
Community Youth Group, Pioneer Resources, Stepfamily Association of America,
and Babbitt Memorial Garden.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
Consent Agenda as read with the exception of item B.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-83 ITEM REMOVED FROM THE CONSENT AGENDA:
B. Liquor License Transfer of Location Request – Port City Cruise Line, Inc.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Port City Cruise Line, Inc. to transfer location
of the 2005 Watercraft licensed business with dance-entertainment permit and
250 passengers from 1133 W. Western.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
liquor license transfer of location request for Port City Cruise Line, Inc.
ROLL CALL: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-84 PUBLIC HEARINGS:
A. 2006 Budget Adoption. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2006. The proposed budget has been made
available for public inspection at City Hall, Hackley Public Library and the City’s
website since September 1st. After hearing public comments, the City
Commission may take action to adopt the 2006 budget with whatever changes
or adjustments it deems necessary. In any event, City Charter requires the
budget be adopted no later than September 25, 2005.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2006. As proposed, the budget includes no property
tax increases.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2006.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2006 City of Muskegon Budget resolution. Also,
approval of the 3rd Quarter 2005 Budget Reforecast as shown in the Budget
Book is recommended at this time.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. City Manager Bryon Mazade gave an overview. No public
comments were made.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:48 p.m. and approve the proposed 2006 Budget adoption
and the 3rd Quarter 2005 Budget Reforecast.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-85 NEW BUSINESS:
A. Tool & Die Recovery Zone Status for Northern Machine Tool. PLANNING
& ECONOMIC DEVELOPMENT DEPARTMENT
SUMMARY OF REQUEST: To approve the development agreement and
resolution establishing a Tool & Die Recovery Zone for Northern Machine Tool,
761 Alberta.
FINANCIAL IMPACT: The City will forego approximately $7,300 per year for a
total of approximately $109,545 in taxes for the 15-year period of the zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Development Agreement and the
resolution establishing a Tool and Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Development Agreement and resolution establishing a Tool and Die Recovery
Zone for Northern Machine Tool.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
B. Filter Turbidimeter Replacement. WATER FILTRATION
SUMMARY OF REQUEST: To replace the existing ten filter turbidimeters at the
Water Filtration Plant.
FINANCIAL IMPACT: $19,500 plus shipping and handling. Installation will be
made by staff.
BUDGET ACTION REQUIRED: This planned purchase is budgeted.
STAFF RECOMMENDATION: To purchase the ten filter turbidimeters from HACH
Company at a cost of $19,500 plus shipping and handling.
Motion by Commissioner Spataro, second by Commissioner Carter to authorize
the purchase of ten filter turbidimeters.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
C. Seyferth Park Skate Ramp. CITY MANAGER
SUMMARY OF REQUEST: To purchase a new ramp for the Seyferth Park Skate
Park from Sphon Ranch, Inc. from the City of Industry, CA in the amount of
$39,000 installed. Funds for the purchase will come from the Seyferth Fund within
the Community Foundation for Muskegon County.
FINANCIAL IMPACT: $39,000
BUDGET ACTION REQUIRED: Authorize necessary budget adjustments.
STAFF RECOMMENDATION: To approve the purchase of a 6’ x 16’ Mini Half Pipe
Ramp (HD Series) from Sphon Ranch, Inc. which includes installation.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the purchase of a new ramp for the Seyferth Park Skate Park from Sphon Ranch,
Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-86 PUBLIC PARTICIPATION: Request for flags and markers for St. Mary’s
and Sunrise Memorial Gardens Cemeteries.
Motion by Vice Mayor Larson, second by Commissioner Spataro to authorize
staff to pay the total amount of $6,599.74 one final time for Sunrise and St. Mary’s
Cemeteries with the understanding that in the future we will be responsible for
cemeteries owned by the City only.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:24 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk