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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 13, 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, April 13,
2010.
Vice 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: Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve
Wisneski, Chris Carter, and Lawrence Spataro, City Manager Bryon Mazade, City
Attorney John Schrier, and City Clerk Ann Marie Becker.
Absent: Mayor Stephen Warmington and Commissioner Clara Shepherd
(excused).
2010-30 HONORS AND AWARDS:
A. Certificate of Appreciation – Markeia S. Hardy.
Public Safety Director Tony Kleibecker presented Markeia Hardy a Certificate of
Appreciation for rescuing a two-year old boy.
B. Honorary Ambassador – Bob Fountain.
Vice Mayor Gawron presented Bob Fountain with the Honorary Ambassador
award for volunteering at the Farmer’s Market.
2010-31 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 23, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Vacant Building Registration Ordinance Amendments. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purposes of exempting seasonal residences and vacation homes from the
fee requirements and occupancy notification requirements of this ordinance,
removing the requirement to notarize the registration forms, clarify the language
regarding the billing process and add a requirement that all fees owed the City
must be paid in full before a waiver of registration fee can be considered.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees for
the purposes stated.
(REQUIRES SECOND READING)
C. Transmittal of 2009 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2009 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 2009 CAFR has been prepared in accordance with GASB accounting
standards. The CAFR also includes the single-audit of federal grants received by
the City.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial
activities for 2009 and includes the independent auditor’s unqualified opinion on
the City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the 2009 CAFR.
D. Contract for Mowing Services. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve a two-year contract with the Sheldon Park
Neighborhood Improvement Association for the maintenance of two City-
owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize execution of the contract. The
responsibility for cleaning and mowing these lots would belong to the
Association rather than the City and would extend through 2011. The City’s
estimated cost of $1,000 to maintain the lots over this period would then be
donated to the Association. The neighborhood has maintained the lots for
several years under similar agreements and has done a great job.
F. West Michigan Underwater Preserve – Letter of Support. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To support the efforts of the West Michigan Underwater
Preserve group to include the area extending from North of Holland, along the
shores of Muskegon, to the lighthouse at Big Point Sable at Ludington State Park
(where there are 13 known shipwrecks and other historic features), into the
Michigan Underwater Preserve Council System. It is anticipated that this will not
only preserve an important part of our nautical history, but it will also increase
tourism to the area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To support the West Michigan Underwater Preserve
groups efforts to be included in the Michigan Underwater Preserve Council
System and to authorize the Mayor to sign the letter of support.
G. Maintenance Agreement – Monet Garden. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Lakeshore Garden Masters, a Garden Club, would
like to continue maintaining the Monet Garden. The Garden Masters will
provide the maintenance and planting of the Garden and the City will provide
the water and electricity to the premises. Capital expenses (e.g., repair of the
pond) will be administered by the City, with funds coming from the Monet
Garden of Muskegon Fund of the Community Foundation for Muskegon County.
FINANCIAL IMPACT: Water and electrical costs for the Garden.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Maintenance Agreement” and
authorize the Mayor and Clerk’s signature.
H. Amendments to the Zoning Ordinance – On-site Sustainability and
Conservation Efforts. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to
allow signage related to on-site sustainability and conservation efforts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to amend Section 2334 #5,
Exempt Signs, to allow signage related to on-site sustainability and conservation
efforts.
(REQUIRES SECOND READING)
I. Amendments to the Zoning Ordinance – Sporting Venues. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to
allow sporting venues to display signage to those in attendance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to amend Section 2334 #5,
Exempt Signs, to allow sporting venues to display signage to those in
attendance.
(REQUIRES SECOND READING)
J. Submit for Grant Applications. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit two TEDF-F grant applications
and one Safety to MDOT for 2012 funding years to reconstruct Sherman
between Lincoln & Estes: Hackley from Glade to Park and Latimer between Port
City & Black Creek. The request will require a 20% local match which would be
budgeted for in 2011 for the 2012 budget.
FINANCIAL IMPACT: Local share estimated at $300,000 for all three projects plus
engineering costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to submit the applications.
K. Designate Street Administrator. PUBLIC WORKS
SUMMARY OF REQUEST: Designate Mohammed Al-Shatel as the City’s street
administrator by adopting the resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the resolution and authorize the Clerk to
sign.
L. Consideration of Bids for S-647 Fisherman’s Village Lift Station
Rehabilitation. ENGINEERING
SUMMARY OF REQUEST: Award the Fisherman’s Village Lift Station Rehabilitation
project to Jackson Merkey out of Muskegon, MI since they were the lowest
responsible bidder with a total bid price of $89,740.
FINANCIAL IMPACT: The construction cost of $89,740.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey.
M. Beach Leveling Bids. PUBLIC WORKS
SUMMARY OF REQUEST: Reject all bids for the sand leveling at Pere Marquette
Park.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Reject all bids.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Consent Agenda absent item E.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Wierengo
Nays: None
MOTION PASSES
2010-32 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Amend Chapter 54, Article IV Offenses Involving Public Peace and
Order. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the City
Commission amend Chapter 54, Article IV Offenses Involving Public Peace and
Order, of the Code of Ordinances of the City of Muskegon. This is being
requested in order to update language in this ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Wisneski, second by Commissioner Spataro to approve
the amendment to Chapter 54, Article IV Offenses Involving Public Peace and
Order.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Wierengo, and Wisneski
Nays: None
MOTION PASSES (REQUIRES SECOND READING)
2010-33 PUBLIC HEARING:
A. Approval of the 2010-2011 Action Plan. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the 2010-2011 Action Plan for the City of
Muskegon Community Development Block Grant/HOME Partnership Program
activity. If the Action Plan is approved, the Community and Neighborhood
Services office will continue the comment period of the Action Plan as
amended, if needed, until April 17, 2010.
On or after April 17, 2010, the Community and Neighborhood Services office will
deliver the Action Plan to the United States Department of Housing and Urban
Development as required in order to request the Release of Funds for the 2010-
2011 fiscal year. The final allocation amounts approved by the Action Plan will
be amended to the document.
FINANCIAL IMPACT: Action Plan establishes the 2010-2011 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time, budget established by Action
Plan.
STAFF RECOMMENDATION: To approve the Action Plan as is or as to be
amended by the Commission’s final decision.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Dan Bonner, 1652 Nelson, Legal Aide; Tim
Burgess, 6336 S. Walker, Fruitport, Neighborhood Investment Corp.; Charlotte
Johnson, 219 Catherine, McLaughlin Neighborhood; Randy VanderWhite, 1132
Peck, Bethany Church; and Ed Garner, 37 E. Grand, President of Muskegon Area
First.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing and adopt the recommendations from the Citizen’s District
Council in regards to the Community Development Block Grant funds and City
Administration recommendations in regards to the HOME funds and approve the
Action Plan.
ROLL VOTE: Ayes: Gawron, Spataro, Wierengo, Wisneski, and Carter
Nays: None
MOTION PASSES
2010-34 NEW BUSINESS:
A. Consumers Energy Rate Case – Municipal Coalition Participation.
PUBLIC WORKS/WATER FILTRATION
SUMMARY OF REQUEST: To authorize participation in the Consumers Energy Rate
Case Municipal Coalition coordinated by the Michigan Municipal League.
FINANCIAL IMPACT: $2,500 contribution.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
authorize staff to make the monetary contribution of $2,500 to the municipal
coalition for legal fees to address the electric rate increases proposed by
Consumers Energy to the Public Service Commission.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consumers Energy Rate Case – Municipal Coalition Participation for $2,500.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
B. Resolution Approving MDOT Grant Application. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the request to submit the grant application
to the Michigan Department of Transportation for the Lakeside Business District
enhancements. Improvements include traffic calming measures, beautification
and signage. Commission approved the grant in 2008 and it was submitted to
MDOT. However, staff did not hear back from MDOT in over a year and it was
discovered that the application had been misplaced at MDOT. Staff has
continued to work with MDOT on the application, and it was recommended
that some of the items should be taken off since they would not be funded. The
initial total project costs were $179,564; but after revisions to the project, the new
total project cost would be $37,300.
FINANCIAL IMPACT: Improvements to the area could result in a more vibrant
commercial district.
BUDGET ACTION REQUIRED: The grant requires a 20% match. The total project
cost is estimated to be $37,300, resulting in a $7,460 match from the City, plus an
estimated $10,000 in engineering costs.
STAFF RECOMMENDATION: To approve the request and sign the resolution.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the grant resolution for the MDOT grant application contingent upon getting
funds from outside sources for the grant match.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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