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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 22, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. Muskegon Community College Softball Team.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display Permit for Muskegon Summer Celebration. CITY
CLERK
C. Liquor License Request for 885 Jefferson Street. CITY CLERK
D. Liquor License Request for 2064 Henry. CITY CLERK
E. Request to Fly the Mexican Flag. CITY CLERK
F. Sewer Lift Station Pump Control System Purchase. PUBLIC WORKS
G. Amendments to the Zoning Ordinance – Rules on Banners. PLANNING
& ECONOMIC DEVELOPMENT
H. Towing Contract. PUBLIC SAFETY
I. Amend 2010 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
J. Request Additional NSP Funds from MSHDA. COMMUNITY &
NEIGHBORHOOD SERVICES
K. Consumer’s Energy Grant for Academic Olympics. COMMUNITY &
NEIGHBORHOOD SERVICES
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Viridian Drive Extension: Development Agreement Between the City of
Muskegon (“City) and Grand Valley State University (“GVSU”),
Agreement for the Donative Conveyance of Real Property Between the
City of Muskegon and Viridian Properties, LLC, Agreement for the
Donative Conveyance of Real Property Between the City of Muskegon
and Parkland Acquisitions, LLC. PLANNING & ECONOMIC
DEVELOPMENT
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: June 22, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the June 8th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 8, 2010
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, June 8, 2010.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from Evanston Avenue 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 Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2010-49 INTRODUCTIONS/PRESENTATION:
A. USHL Junior Hockey Team.
Mayor Warmington stated that next week over 180 young men and their families
will come to Muskegon for tryout camp. These families will be staying, eating,
and visiting our local attractions.
2010-50 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, May 25, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for Muskegon Summer Celebration. CITY
CLERK
SUMMARY OF REQUEST: American Fireworks is requesting approval of a fireworks
display permit for July 4th at the Muskegon Summer Celebration. Fire Marshall
Metcalf has reviewed the request and recommends approval contingent on
inspection of the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2010, at the Muskegon Country Club, 2801
Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the
event. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Special Event Request – Catamaran Racing Association of Michigan
Request to hold a Catamaran Sailing Event with Overnight Camping at
Pere Marquette Park. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: CRAM is requesting permission to hold a Catamaran
sailing event at Pere Marquette Park August 27 through 29, 2010. They would like
to use the City-owned lot that is currently being leased by Captain Jack’s for
overnight camping on August 27 and 28, 2010.
The owner of Captain Jack’s (CJ’s on the Beach) submitted a letter indicating
their support of the event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution allowing for overnight
camping at Pere Marquette for this event on August 27 and 28, 2010.
COMMITTEE RECOMMENDATION: This request was recommended for approval
by the Leisure Services Board at their April 19, 2010, meeting.
F. Agreement for School Resource Officer – Muskegon Public Schools.
PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for the continuance of a full-time School
Resource Officer who is assigned to Muskegon High School. Muskegon Public
Schools has agreed to pay one-half of the annual salary of the police officer
position for a nine-month period. This agreement covers the period of
September 7, 2010 through June 10, 2011.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$18,540 for the period of the agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
G. Special Event Request – Muskegon Area Amateur Radio Council Field
Day and Demo with Overnight Camping at Pere Marquette Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon Area Amateur Radio Council is
requesting permission to hold a “Field Day” amateur radio emergency
communication demo event at Margaret Drake Elliott Park June 25 through 27,
2010.
They would like to allow council members to camp overnight at the park. There
will be less than 10 people at the park overnight, in RV’s, campers, and/or tents.
There is someone using Margaret Drake Elliott Park on June 26; however, Mr.
Fries, organizer of this event, had spoken with Teresa Ackerberg earlier, and she
had informed him that there was plenty of space in the park, as long as Mr. Fries’
group provided their own tents.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution allowing overnight
camping at the park for this event on June 25 and 26, 2010.
COMMITTEE RECOMMENDATION: None, this request was received after the May
Leisure Services Board meeting. This is a first-time event.
H. Request for Encroachment Agreement – Frauenthal Theater
“Cameraman” Bronze Sculpture. ENGINEERING
SUMMARY OF REQUEST: The Community Foundation for Muskegon County has
submitted the encroachment agreement form requesting your permission to
place “The Cameraman” bronze sculpture of Buster Keaton with a movie
camera on the Western Avenue side of the Frauenthal Theater.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
I. Liquor License Request for 2021 Marquette Avenue. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Indu Gupta for a new SDD License to be
held in conjunction with proposed new SDM License to be located at 2021
Marquette, Muskegon, MI 49442.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
J. Dissolution of the Leisure Services Board. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Leisure Services Board has served the City of
Muskegon long and well. However, given that many of the functions have been
either distributed to other departments, or cancelled altogether, there is little
purpose in continuing the Leisure Services Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the Leisure Services Board be disbanded at this
time.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended approval at their June 7th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to accept
the Consent Agenda as presented minus Item E.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
2010-51 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Consideration of Bids for Viridian Drive Extension to Terrace Point Drive.
ENGINEERING
SUMMARY OF REQUEST: Award the construction contract to extend Viridian
Drive and utilities to Terrace Point Drive (H-1662) to Thompson Brothers, Inc. out of
Twin Lake, MI since they were the lowest responsible bidder with a total bid price
of $92,874.65.
Furthermore, it is respectfully requested that should you concur with staff’s
recommendation, the award be contingent upon:
1. Acceptance of the proposed Development Agreement with GVSU.
2. Approval of the bids by GVSU as outlined in the Development
Agreement.
FINANCIAL IMPACT: The construction cost of $92,874.65 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None at this time as this project appears on the
2010-2011 budget.
STAFF RECOMMENDATION: Award the contract to Thompson Brothers, Inc.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to accept the
bid from Thompson Brothers, Inc., out of Twin Lake for the contract to extend
Viridian Drive and utilities to Terrace Point Drive.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2010-52 PUBLIC HEARINGS:
A. 2010-11 Budget. FINANCE
SUMMARY OF REQUEST: The City Commission may take action to adopt the
2010-11 budget with whatever changes or adjustments it deems necessary.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2010-11.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2010-11.
STAFF RECOMMENDATION: Approve the proposed 2010-11 City of Muskegon
Budget 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 Wierengo to close the
Public Hearing and approve the 2010-2011 budget as presented.
ROLL VOTE: Ayes: Wierengo, Carter, Gawron, Shepherd, and Spataro
Nays: Wisneski and Warmington
MOTION PASSES
2010-53 UNFINISHED BUSINESS:
A. SECOND READING: Amendments to the Zoning Ordinance –
Community Gardens. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2313 of Article
XXIII to add provisions for Community Gardens.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 13th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
amendments to the Zoning Ordinance regarding Community Gardens as
described.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. SECOND READING: Rezoning Request for a Portion of the Property
Located at 1700 Messler Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone a portion of the property located at
1700 Messler Street from I-2, General Industrial District to B-4, General Business
District. The Credit Union, which is currently operating as a legal non-conforming
use, would like to purchase the lot from Brunswick, but it would create an illegal
lot split due to the minimum lot size requirements. Rezoning the property to B-4
would bring the use to conformity and would allow the property to meet the
minimum lot requirements for a B-4 lot. The properties would be split after the
rezoning is approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 13th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the rezoning request for a portion of the property located at 1700 Messler Street.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2010-54 NEW BUSINESS:
A. Public Works Services Agreement with Kuhnections. CITY MANAGER
SUMMARY OF REQUEST: To enter into a contractual agreement with
Kuhnections, LLC (Bob Kuhn) for public works services.
FINANCIAL IMPACT: $2,000/month.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the public works services agreement with Kuhnections, LLC.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
B. Fire Union Agreement. CITY MANAGER
SUMMARY OF REQUEST: To ratify a tentative agreement with Muskegon Fire
Fighters Union IAFF Local #370 for 2011-2013.
FINANCIAL IMPACT: Previously provided.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To ratify the agreement.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the tentative agreement with the Muskegon Fire Fighters Union IAFF
Local #370.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
C. Fireworks Display Permit for Muskegon Summer Celebration, Toby Keith
Concert. CITY CLERK
SUMMARY OF REQUEST: Strictly FX is requesting permission to use close proximity
pyrotechnics June 27, 2010, for Toby Keith’s performance at the Muskegon
Summer Celebration. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
fireworks display permit for Muskegon Summer Celebration, Toby Keith Concert
contingent on inspection of the fireworks.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro commented on the shootings in
Muskegon.
PUBLIC PARTICIPATION: Various comments were heard from the public.
2010-55 CLOSED SESSION: City Manager’s Evaluation.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session to discuss the City Manager’s evaluation.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Spataro to come out
of Closed Session.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:23 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: June 22, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display Permit for Muskegon Summer
Celebration
SUMMARY OF REQUEST: West Michigan Burnerz is requesting
approval of a fireworks display permit for July 3rd at the Muskegon
Summer Celebration. Fire Marshall Metcalf has reviewed the request
and recommends approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
Date: June 22, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
885 Jefferson Avenue
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Hennessy Operating, LLC to
transfer ownership of the escrowed 2009 Class C Licensed Business
with Official Permit (Food) located at 7211 E. Apple (Egelston Township)
from Morrow’s Restaurant, Inc., transfer location (governmental unit) to
885 Jefferson, Muskegon, MI 49440, and a New Additional Bar Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Date: June 22, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
DJ’s Pub
2064 Henry
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Star 8, Inc. (DJ’s Pub), 2064
Henry Street to add an Outdoor Service (1 Area), to be held in
conjunction with 2010 Class C & SDM Licensed Business with Dance
Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Date: June 22, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Request to Fly the Mexican Flag
SUMMARY OF REQUEST: Latinos Working for the Future is
requesting permission to fly the Mexican Flag at City Hall on September
18th in honor of Mexico’s 200th Independence day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Date: June 14, 2010
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Sewer Lift Station Pump Control System Purchase
SUMMARY OF REQUEST: Approval to purchase a Sewer Lift Station
Pump Control System from Kennedy Industries for Austin Lift Station at a
total cost of $ 8,360.00.
FINANCIAL IMPACT: Expenditures for the purchase would come from
the Sewer Fund.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION: To purchase the pump Control System
from Kennedy Industries. Kennedy Industries is the single source supplier of
Multitrode Pump Controller Equipment.
CITY COMMISSION MEETING
Tuesday, June 22, 2010
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
DATE: June 15, 2010
SUBJECT: Towing Contract
SUMMARY OF REQUEST:
Proposals have been accepted for the towing contract with the city. This contract will go
into effect on June 24, 2010. Proposals were submitted by the following companies:
1. All Pro Towing and Recovery, 2930 E. Apple, Muskegon 49442
2. Baxter’s Towing and Storage, 5333 Airline, Muskegon, 49444
3. Central Towing, 710 Alberta, Muskegon, 49441
4. Reliable Towing, 1288 Ninth St., Muskegon 49440
5. Stafford’s Towing, 1410 Russell Road, North Muskegon 49445
6. ASAP Towing, 501 W. Hovey, Muskegon Heights, 49444
7. Hansen Towing, 5445 Fisher, Wyoming 49548
8. Ramos Towing, 2444 Getty, Muskegon 49444
A bid from Campbell’s Towing was not accepted as it was submitted after the submission
deadline.
I have attached a spreadsheet that provides an overview of the bids that were submitted
by each company.
Based upon the proposals that were submitted, the overall low bid was entered by All Pro
Towing, 2930 E. Apple Ave. I am recommending that the commission approve a contract
with All Pro.
FINANICAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval of this request.
Commission Meeting Date: June 22, 2010
Date: May 18, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Viridian Drive Extension: Development Agreement
Between the City of Muskegon (“City”) and Grand Valley
State University (“GVSU”), Agreement for the Donative
Conveyance of Real Property Between the City of
Muskegon and Viridian Properties, LLC, Agreement for the
Donative Conveyance of Real Property Between the City of
Muskegon and Parkland Acquisitions, LLC
SUMMARY OF REQUEST: In order to extend Viridian Drive between Harbor 31 (Dan
Henrickson/developer) and Shoreline Inn & Suites (Jon Rooks/developer), a partnership is
necessary between the parties. Mr. Henrickson and Mr. Rooks will donate the necessary
property to GVSU, who will then donate the property needed for the extension, to the City.
GVSU will pay for the extension costs (as well as legal and outside engineering costs) and
the City will design and bid the project, as well as manage the construction process. The City
will also pay for the extension of the water main.
FINANCIAL IMPACT: The City will pay for in-house design and construction management, as
well as extension of the water main and long-term maintenance of the roadway.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development Agreement between the City
and GVSU and the two “Donative Conveyance” Agreements between the City and Viridian
Properties, LLC and the City and Parkland Acquisition, LLC and authorize the Mayor and
Clerk to sign the Agreements, as well as any other necessary documents (as outlined in the
Agreement) to complete the project.