City Commission Minutes 03-26-2013

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      MARCH 26, 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, MI at 5:30 p.m., Tuesday, March 26, 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 Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-24 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 11th Commission
Worksession Meeting, and the March 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. 2013 Dozer Rental for Beach Leveling at PM Park. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is requesting permission to enter into a rental
agreement with Michigan Cat for a Cat D6TXL Cab Dozer for leveling sand at
Pere Marquette Beach.
FINANCIAL IMPACT: Estimated cost for the 2013 Dozer rental is $9,000 (which
includes $700 for delivery and pickup).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
     C. One Year Janitorial Services Extension, Optional Year through April 30,
        2014. ENGINEERING

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SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for one more year which was allowed for as an
optional year at the time the contract was bid back in 2010 to clean City Hall,
Public Service Building and the Filtration Plant areas with no change in the cost.
The contractor has submitted the request for exercising the optional year
extension and staff recommends it.
FINANCIAL IMPACT: The total annual cost of the contract (City Hall, P.D., DPW
and Filtration Plant) is $61,788.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the one year extension, optional year, with
Reliant Professional Cleaning Services to provide janitorial services until the end
of April, 2014, at City Hall, DPW and Filtration.
      D. City – MDOT Agreement for the Reconstruction of: Laketon Avenue
         from Wood to Getty. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Laketon Avenue between Wood and Getty, and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $313,000. The estimated total construction cost is $1,394,600 plus
engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
      E. Liquor License Request – Pigeon Hill Brewing Company, LLC, 500 W.
         Western. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from Pigeon Hill Brewing Company, LLC for a
new Micro Brewer License with Dance and Entertainment Permits to be located
at 500 W. Western Avenue, #1.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      F. Amendment to the Zoning Ordinance.            PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326, Off-Street
Parking and Loading, of the Zoning Ordinance to lessen the off-street parking
requirements for existing buildings.
FINANCIAL IMPACT: None.

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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the request at their March 14th meeting.
     H. Acceptance of Viridian’s and Terrace Point’s Extensions into the City’s
        Street System. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution accepting the extensions of
Viridian and Terrace Point Drive into the City’s street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
     I. Permission to Donate a Retired Police Cruiser to Muskegon Area Career
        Tech Center (MACTC). PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to donate a retired police cruiser, valued
at approximately $3,500 to MACTC for their training program. The City’s
donation, if approved, would be consistent with two of the City’s goals:
  1. Foster Opportunities for City/Community Youth
  2. Foster Strong Ties Among Governments and Community Agencies.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:       Both DPW and the Police Department are
recommending this donation.
     J. Grand Trunk Launch Ramp Dredging. CITY MANAGER
SUMMARY OF REQUEST: To approve entering into a grant agreement(s) with the
Department of Natural Resources for funding to dredge the channel used for
the Grand Trunk Launch Ramp. Also, to authorize waiving bidding requirements
and authorize the Mayor and City Clerk to execute a dredging contract that is
in the best interest of the City.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To enter into grant agreement(s) with the
Department of Natural Resources to secure funding for dredging of the channel
used for the Grand Trunk Launch Ramp. Further, to waive any bidding
requirements and formalities and authorize the Mayor and City Clerk to enter
into necessary dredge contracts as deemed in the best interest by the City
Manager and City Attorney.


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Motion by Commissioner Wierengo, second by Commissioner Hood to accept
the Consent Agenda as presented minus item G.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood
           Nays: None
MOTION PASSES
2013-25 ITEM REMOVED FROM THE CONSENT AGENDA:
     G. Detective Vehicles. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one Chevy Malibu from
Shaheen Chevrolet, the Mi Deal (state contract) awarded dealership for Chevy
and one Ford Fusion from Gorno Ford, the Mi Deal (state contract) awarded for
Ford.
FINANCIAL IMPACT: $37,969.
BUDGET ACTION REQUIRED: None, amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase new detective vehicles
from Shaheen Chevrolet and Gorno Ford.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
purchase one Chevy Malibu from Betten Chevrolet.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, and Hood
           Nays: Gawron and Spataro
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Markowski to
purchase one Ford Fusion from Gorno Ford which is the lowest responsible
bidder.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
           German
MOTION PASSES
2013-26 NEW BUSINESS:
     A. Approval of Sale of City-Owned Home at 134 E. Isabella. COMMUNITY
        & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Mr. Michael D. Kelly for the Neighborhood Stabilization Program rehabilitated
home at 134 E. Isabella. Mr. Kelly will purchase it for $27,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to close out the
NSP Program.

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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the sale of the City-owned home at 134 E. Isabella to Mr. Kelly.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
           Wierengo
           Nays: None
MOTION PASSES
     B. Approval of Sale of City-Owned Home at 605 Jackson. COMMUNITY &
        NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete the sales transaction
between LaQuandra Robinson for the newly constructed home at 605 Jackson,
which is part of the City’s Neighborhood Stabilization Program through the
Michigan State Housing Development Authority Office of Community
Development and Leverage funds with the HOME Program by HUD.
FINANCIAL IMPACT: The proceeds from the sale will be returned to the NSP and
HOME Programs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
sale of the City-owned home at 605 Jackson to LaQuandra Robinson for $65,000.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
           Nays: None
MOTION PASSES
     C. Amendment to the Renaissance Zone Development Agreement for
        Highpoint Flats. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the renaissance zone development
agreement for the Highpoint Flats apartment project at 285 W. Western Avenue
to extend the deadline for the private investment minimums until December 31,
2015.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the renaissance zone development

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agreement amendment.
Motion by Commissioner Hood, second by Commissioner Turnquist to approve
the Renaissance Zone development agreement amendment.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
           Markowski
           Nays: None
MOTION PASSES
     D. Permanent Traffic Control Orders. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to remove the current Traffic Signals per
Traffic Control Orders #4-8 and remove on-street parking on Muskegon Avenue
between Jefferson and Terrace Streets and install permanent Stop Signs on the
various adjoining cross-streets.
FINANCIAL IMPACT: Cost of removal of traffic signals, pavement markings and
man-power to install signs, if approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the request for the permanent traffic control orders.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to Table to
the May Worksession.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood
           Nays: None
MOTION TO TABLE PASSES
     E. S.S. Milwaukee Clipper – Letter of Support. PLANNING & ECONOMIC
        DEVELOPMENT
SUMMARY OF REQUEST: The S.S. Milwaukee Clipper Preservation, Inc. Board is
seeking approval from the County of Muskegon to relocate to a permanent
location at Heritage Landing. The Board is requesting a letter of support from
the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor to send a letter of support to
the S.S. Milwaukee Clipper Preservation, Inc. Board to relocate to Heritage
Landing, providing a suitable location is identified.
Motion by Commissioner Hood, second by Vice Mayor Spataro to authorize the

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Mayor to send a letter of support to the S.S. Milwaukee Clipper Preservation, Inc.
Board to relocate to Heritage Landing, providing a suitable location is identified.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
      F. Proclamation – School Spirit. CITY CLERK
SUMMARY OF REQUEST: The City Commission has directed staff to draft a
proclamation encouraging citizens to wear school colors the first Friday of each
month to show support for our area schools.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proclamation.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to approve
the proclamation of School Spirit for the City of Muskegon.
ROLL VOTE: Ayes:  Wierengo, Turnquist, Markowski, Gawron, Spataro, and
           German
            Nays: Hood
MOTION PASSES
      G. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         390 Catherine (Area 11)
         1200 Ambrosia (Area 11)
         1284 Pine (Area 11)
         1458 Jiroch (Area 13)
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.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.

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Motion by Commissioner German, second by Vice Mayor Spataro to concur
with the Housing Board of Appeals notice and order to demolish 390 Catherine,
1200 Ambrosia, 1284 Pine, and 1458 Jiroch.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
           Wierengo
           Nays: None
MOTION PASSES
     H. Liquor License Renewal – Dreamers, 978 Pine. CITY CLERK
Motion by Commissioner German, second by Vice Mayor Spataro to remove
Dreamer’s, 978 Pine from the resolution being sent to the State regarding non-
renewal of liquor licenses.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
           Nays: None
MOTION PASSES
2013-27 ANY OTHER BUSINESS:
      A. Resolution Authorizing S2 Grant. ENGINEERING
Motion by Commissioner Markowski, second by Commissioner Wierengo to
authorize the resolution for the S2 Grant not to exceed $160,000.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
           Markowski
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:40 p.m.


                                          Respectfully submitted,




                                          Ann Marie Cummings, MMC
                                          City Clerk




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