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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 28, 2011
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, June 28, 2011.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Gawron
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 Chris Carter, Lawrence Spataro, and Steve Wisneski, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
Absent: Commissioners Clara Shepherd and Sue Wierengo (both excused)
2011-44 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 13th Commission
Worksession Meeting and the June 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. 2011 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Endorse the lowest responsible bidders to supply
aluminum sulfate, powdered activated carbon, sodium hypochlorite, and
fluoride for the water filtration plant.
FINANCIAL IMPACT: Annual cost of $205,700 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bids received and the contract renewal and enter into
contracts with USALCO, Alexander Chemical, Standard Carbon and Key
Chemical for aluminum sulfate, sodium hypochlorite, powdered activated
carbon and fluoride respectively.
C. Ryerson Creek Fish Passage – Culverts Replacement at Muskegon and
Eastern (H-1673). ENGINEERING
SUMMARY OF REQUEST: Authorize staff to process payments to WMSRDC as per
our financial commitment for the culverts replacement under Muskegon and
Yuba by Eastern Avenue. WMSRDC solicited public bids and Jackson Merkey
was the successful bidder with a bid price of $1,697,081.10. The City’s
commitment was for the following:
1. $40,000 from Major Street Fund (2011/2012 budget)
2. $40,000 grant the City received from Community Foundation for
Muskegon County
3. $27,446 grant the City received from the Ice Mountain
FINANCIAL IMPACT: $107,446 is the City’s total share.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to process payments to WMSRDC.
D. Consideration of Bids – Mason Avenue, Sixth to Fifth (H-1677).
ENGINEERING
SUMMARY OF REQUEST: Award the above-referenced project to Accurate
Excavators out of Muskegon, MI. Accurate Excavators submitted the lowest
responsible bid of $137,373.
FINANCIAL IMPACT: The construction cost of $137,373 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Accurate Excavators.
E. 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, 2011, at the Muskegon Country Club, 2801
Lakeshore Drive. 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.
F. 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.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
G. Rezoning Request for the Property Located at 1753 Madison Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1753 Madison Street
from I-2, General Industrial to B-4, General Business District, by Kurt Dykman, JNJ
Discounts. The applicant would like to move his growing retail business to this
location.
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 June 16th meeting.
(REQUIRES SECOND READING)
H. Rezoning Request for the Property Located at 2010 S. Getty Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 2010 S. Getty from I-1,
Light Industrial to B-4, General Business District, by Michael Vasquez. The
applicant would like to open an auto dealership at this location.
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 June 16th meeting.
(REQUIRES SECOND READING)
J. De-Energize 27 Street Lights in the Downtown Area. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumers Energy to de-energize 27 lights in the downtown area bounded by
Fourth, Muskegon, Western, and Seventh. Those lights include the lights known
as the Heritage Association lights and the rest are within alleys.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with
Consumers Energy to de-energize 27 lights in the downtown area.
K. Accept Resignations from the Citizen’s District Council and the Citizen’s
Police Review Board. CITY CLERK
SUMMARY OF REQUEST: To accept the recommendation from the Community
Relations Committee made at their meeting held on June 13, 2011, to accept
the resignations of Rasheedah Gillespie-Muhammad from the Citizen’s District
Council and Barbara Kuipers from the Citizen’s Police Review Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Community Relations Committee
recommendations.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as presented minus item I.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
2011-45 ITEM REMOVED FROM THE CONSENT AGENDA:
I. Lighting Improvement at LC Walker Arena. FINANCE
SUMMARY OF REQUEST: The arena manager would like to re-light the arena floor
by replacing the existing halide lights with energy-efficient fluorescent light
fixtures. The lighting improvements will greatly improve the amount of lighting in
the arena and give the arena ice surface NHL-quality lighting.
FINANCIAL IMPACT: $40,280 cost to be fully reimbursed by a contribution from
Logger Hockey, Inc. These are improvements to the building and will reduce the
arena’s annual operating costs.
BUDGET ACTION REQUIRED: Amend the 2011-12 Arena Improvement Budget
(408) to reflect the additional revenues and expenditures.
STAFF RECOMMENDATION: Approval of contract with Fredrickson Electric
(Spring Lake) to install the new arena lighting fixtures.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the contract with Fredrickson Electric to install the new arena lighting fixtures.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wisneski, and Carter
Nays: None
MOTION PASSES
2011-46 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate for Ameriform
Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Ameriform Inc., 1790 Sun Dolphin, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1770 E. Keating
Avenue. The total capital investment is $2,000,000 with $1,700,000 in personal
property and $300,000 in real property. They are proposing the addition of 12-15
jobs with this investment. This request qualifies Ameriform Inc. for a term of 12
years for real property and 8 years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 8
years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Daniel Harris, 1040 Randolph, commented on his request.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request for the Industrial Facilities Exemption
Certificate for Ameriform Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2011-47 NEW BUSINESS:
A. Special Event Request – Muskegon Bike Time Events Inc. (Annual
Event). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Muskegon Bike Time Events Inc. has filed a special event
application for the annual Bike Time festival in downtown Muskegon to be held
July 15, 16, and 17, 2011. They have requested the waiver of some City
equipment rental fees. They have also requested to use their own labor pool
rather than City employees whenever possible (as they have done in past
years).
Bike Time would also like permission to close certain street intersections in the
downtown area one day earlier than allowed in the special event policy, so that
they can work on event/tent set-up. They would like to close the intersections
starting at 6:00 p.m. on Wednesday evening, July 13 (instead of waiting till
Thursday evening, July 14).
FINANCIAL IMPACT: Request that equipment rental fees be waived. In
exchange, Bike Time will provide a pre-negotiated amount of beverage tent
wristbands. The exchange will be coordinated with the City Manager.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: It is recommended that staff be allowed to make
the final decision regarding rental fees, actual costs, and/or exchange of
wristbands, to be coordinated through the City Manager. In addition, staff
recommends that if Bike Time picks up items such as picnic tables, bleachers,
and trash cans for distribution at the proper locations, there will be no
equipment rental charge to Bike Time. This must first be approved by and
coordinated through City staff. It is also recommended that City staff review
staffing levels for City personnel with the Bike Time staff, with the City making the
final decision on the number of City staff needed for the event. These
recommendations follow what was done for the 2009 event.
Regarding street closures, staff recommends approval with the condition that
Bike Time notify affected downtown businesses of the dates and times of street
closures and the date and time that No Parking restrictions go into effect on
those streets.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request for the Muskegon Bike Time event as described.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
B. Harbor 31 (Smartzone) Brownfield Loan. CITY MANAGER
REMOVED PER APPLICANT REQUEST.
C. Gaming License Request from Muskegon-Oceana Community Action
Partnership, Inc. CITY CLERK
SUMMARY OF REQUEST: MOCAP, 1170 W. Southern Avenue, Muskegon, 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.
They are partnering with DTE (one of the Summer Celebration sponsors) to hold
a raffle where the proceeds will benefit their clients that need assistance with
their heating bills.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Gaming License request for Muskegon-Oceana Community Action Partnership,
Inc.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, and Spataro
Nays: None
MOTION PASSES
D. Fireworks Display Permit for West Michigan Burnerz. CITY CLERK
SUMMARY OF REQUEST: West Michigan Burnerz is requesting approval of a
fireworks display permit for July 8th for an event at the Muskegon Summer
Celebration.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
fireworks display for West Michigan Burnerz contingent on inspection of the
fireworks and approval of the insurance.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1358 Arthur Street
657 Allen Avenue (Garage)
540 Creston Street
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.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1358 Arthur, 657
Allen (garage only), and 540 Creston.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro asked that civil infraction fees be
discussed at the next Worksession Meeting.
ADJOURNMENT: The City Commission Meeting adjourned at 5:55 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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