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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2013
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, 2013.
Mayor Gawron opened the meeting with a prayer from Pastor Tim Cross from
the Living Word 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Byron Turnquist, Lea Markowski, Eric Hood, Willie German, and
Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-03 HONORS AND AWARDS:
A. Norma DeYoung – President of Angell Neighborhood Association.
B. Lila DeYoung – Member of Angell Neighborhood Association.
Mayor Warmington recognized Norma DeYoung and Lila DeYoung for their
twenty-five years of service as members of the Angell Neighborhood
Association.
2013-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the January 7th Commission
Worksession Meeting and the January 8th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
D. Agreement for Service – Blood Alcohol Draws. PUBLIC SAFETY
SUMMARY OF REQUEST: Muskegon Police Department utilizes Pro-Med Team Inc.
to perform “blood alcohol draws”, relating to arrested person(s) in order to
determine blood alcohol content. The service shall be provided at a rate of
$75 per draw.
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The agreement shall be for the calendar year of 2013, and can be terminated
within a 30-day written notice. This has been our current service vendor in the
past and present.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
E. Termination of “Joint Agreement for Cooperative Programming and
Facility Use Between City of Muskegon Department of Leisure Services
PLANNING & ECONOMIC
and Muskegon Public Schools”.
DEVELOPMENT
SUMMARY OF REQUEST: A joint agreement was entered into between the City
and the Schools on May 26, 1998. The Agreement outlined usage of facilities
between the entities. Since much of the Agreement is no longer relevant,
termination of the Agreement is requested.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff requests that the City Commission terminate
the Agreement, consistent with the “term” of the Agreement.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
Consent Agenda with the exceptions of items B, C, F, and G.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
2013-05 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Gaming License Request from The Foundation for Muskegon
Community College, Inc. CITY CLERK
SUMMARY OF REQUEST: The Foundation for Muskegon Community College, Inc.,
221 S. Quarterline Road, Muskegon, MI, 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.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the gaming license request from The Foundation for Muskegon Community
College, Inc.
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ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
Nays: None
MOTION PASSES
C. Consideration of Bids for Clay Avenue, Fourth to Third. ENGINEERING
SUMMARY OF REQUEST: Award the reconstruction of Clay Avenue from Fourth
to Third and that section of Third Street between Western and Clay to
McCormick Sand since they were the lowest responsible bidder with a total bid
price of $132,345.
Furthermore, if approved, authorize staff to amend the 2012/2013 CIP and
increase the budgeted amount by $45,000 for said project (from $100,000 to
$145,000).
FINANCIAL IMPACT: The construction cost of $132,345 plus engineering.
BUDGET ACTION REQUIRED: Amend the 2012/13 budget by increasing the
allocated amount by $45,000 in the CIP – Major Street.
STAFF RECOMMENDATION: Award the contract to McCormick Sand and
authorize staff to amend the budgeted amount into the 12/13 CIP during the 2nd
quarter reforecast.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to award
the contract for Clay Avenue, Fourth to Third to McCormick Sand.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
Gawron
Nays: None
MOTION PASSES
F. Donating Obsolete Radio Equipment to Muskegon County Emergency
Communication Services. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to donate radio equipment that is no
longer needed to MCECS, a non-profit organization.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to donate obsolete radio equipment.
Motion by Commissioner Turnquist, second by Commissioner German to
approve the donation of the obsolete radio equipment to Muskegon County
Emergency Communication Services.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
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MOTION PASSES
G. Permanent Traffic Control Order – Remove Current 25 MPH Speed Limit
Sign and Install a 30 MPH Speed Limit Sign. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to remove the current 25 MPH speed limit
sign and install a 30 MPH speed limit sign on west bound Marquette at or near
Kraft Street.
FINANCIAL IMPACT: Cost of signs and man-power to install, if approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to approve
the removal of the current 25 MPH speed limit sign and install a 30 MPH speed
limit sign.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2013-06 PUBLIC HEARINGS:
A. Establishment of a Commercial Rehabilitation District at 316 Morris
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to public Act 210 of 2005, as amended, the
Hinman Company has requested the establishment of a Commercial
Rehabilitation District. The creation of the district will allow the building owner to
apply for a Commercial Rehabilitation Certificate, which will freeze the taxable
value of the building and exempt the new real property investment from local
taxes. The school operating tax and the State Education Tax are still levied on
the new investments. Land and personal property cannot be abated under this
act.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Establishment of the Commercial Rehabilitation
District.
The Public Hearing opened to hear and consider any comments from the
public. Andy Wenslow, 1234 Hol Hi Drive, Kalamazoo, Director of Development
with the Hinman Co., gave an explanation of the proposed project.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to close the
Public Hearing and approve the establishment of the Commercial Rehabilitation
District at 316 Morris Avenue.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro,
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and German
Nays: None
MOTION PASSES
2013-07 NEW BUSINESS:
A. City of Muskegon Operations Management Contract: Smith Ryerson
Community Center, Pastor Gregory M. Kirksey Picnic Shelter and Smith
Ryerson Park Grounds. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon Recreational Center (MRC), Inc. has
been managing the Smith Ryerson Community Center since July, 2006. The
management has been successful, with many area youth (as well as others in
the community) being served. However, those involved with the MRC would
now like to turn over the management of the facility to New Hope Baptist
Church. Mr. Ray, who has been the actual site manager of the facility, will
continue to be site manager (he is a member of New Hope Baptist Church).
FINANCIAL IMPACT: The contract specifies that the Manager will receive its
management fee through the revenue generated at the Center.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Contract and authorize the Director
of Community & Economic Development and the City Clerk signatures.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
contract to operate the described facilities to New Hope Baptist Church and
authorize the Director and City Clerk to provide their signatures.
ROLL VOTE: Ayes: Turnquist, Markowski Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:13 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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