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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 11, 2008
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, March 11,
2008.
Mayor Warmington opened the meeting with a prayer from Vice Mayor
Stephen 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, Sue Wierengo, and Steve
Wisneski, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Clara Shepherd (excused)
2008-25 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, February 26th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Release of Easements within Block 560. ENGINEERING
SUMMARY OF REQUEST: Approve the DMDC’s request for the City to release all
easement rights to the vacated alley(s) and streets within block 560 as
described in exhibit A (pg 4) of the documents and authorize the Mayor to sign
the documents. The City had reserved those rights when the streets and alleys
were vacated to provide for future maintenance and upgrades of underground
utilities. Those utilities are no longer active since the construction of the new
downtown street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the release of the easements and
authorize the Mayor to sign the documents.
C. Two-Year Janitorial Services Extension, Through April 30, 2010.
ENGINEERING
SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for two more years, one of which is the optional
year that was a part of the original contract solicitation. The current contract
expires April 30, 2008, with an optional 4th year if both parties agreed. The
contractor had submitted the request which reflects the requested two-year
extension without any cost adjustment from the current year of $49,696 to clean
both City Hall and DPW.
Furthermore, it is requested that the extension, should you approve, needs to
include additional cleaning services at the Filtration Plant at $15,864 annually for
the same contract period as City Hall/DPW.
FINANCIAL IMPACT: The total cost of the contract (City Hall, Police Department,
DPW and Filtration Plant) is $69,729.16 annually.
BUDGET ACTION REQUIRED: None, the cost was anticipated during the budget
time.
STAFF RECOMMENDATION: To approve the extension of the contract with
Reliant Professional Cleaning Services to provide cleaning services until the end
of April, 2010, at the three City buildings - City Hall, DPW, and Filtration Plant.
D. Tower Lease with Muskegon Housing Commission. CITY MANAGER
SUMMARY OF REQUEST: To approve a Tower Lease with the Muskegon Housing
Commission that will allow the City to lease space on top of Hartford Terrace to
place communications towers and associated facilities.
FINANCIAL IMPACT: $140/month/antenna.
BUDGET ACTION REQUIRED: None at this time. Appropriate budgets will need to
be amended at a later date.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
E. City-MDOT Agreement to: Amend the Engineering Agreement with
Fleis & Vandenbrink to Increase the Construction Engineering Fee.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract and resolution with MDOT to
amend agreement 06-5195/SA to increase the construction engineering fee to
Fleis & Vandenbrink from $83,000 to $99,900. The increase was the result of the
contractor not completing the job within the completion date as per the
contract.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the contract amendment and resolution
and authorize the Mayor and Clerk to sign both.
F. Housing Commission Appointments. CITY MANAGER
SUMMARY OF REQUEST: To appoint the following persons to the Muskegon
Housing Commission:
Marilyn Brooks (1/31/11)
Angela Anthony (1/31/12)
Maxine Lenear (1/31/13)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the appointments.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the consent agenda as read.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, and
Carter
Nays: None
MOTION PASSES
2008-26 PUBLIC HEARINGS:
A. Create a Special Assessment District for Estes Street, Fair to Lakeshore.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Estes Street, Fair Avenue to Lakeshore Drive project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. Comments in opposition were heard from Roger and Caughey
Borgeson, 2933 Simmeran Drive, Kalamazoo, reference their property at 2091
Estes; Ray Morency, 2066 Estes, and Derrick Olsen, 2016 Estes. Comments were
also heard from Leland Davis, 1148 Terrace.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
public hearing and table action by Commission to the next Commission
Meeting.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, and Gawron
Nays: Warmington
MOTION PASSES
B. Create a Special Assessment District for Isabella Avenue, Ambrosia to
Williams. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Isabella Avenue, Ambrosia Street to Williams Street project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
public hearing and create the special assessment district for Isabella Avenue,
Ambrosia to Williams.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Shepherd and himself to the Board
of Assessors.
C. Create a Special Assessment District for Seventh Street, Muskegon to
Webster. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Seventh Street, Muskegon Avenue to Webster Avenue
project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
public hearing and table the special assessment of Seventh Street, Muskegon to
Webster to the next Commission Meeting.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, and
Spataro
Nays: None
MOTION PASSES
D. Create a Special Assessment District for Beidler Street, Laketon to
Southern. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Beidler Street, Laketon Avenue to Southern Avenue project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. Comments in opposition were heard from Ed Winicki, 1826 Crowley, he
owns property on Beidler; David Wotli, 1724 Beidler; and Marion Olejarczyk,
representing 1608 Beidler. Rob Schweifler, 3200 Sandy Ct, owner of two
properties on Beidler spoke in favor.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
public hearing and create the special assessment district for Beidler Street,
Laketon to Southern.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Spataro, and
Warmington
Nays: None
MOTION PASSES
Mayor Warmington appointed Vice Mayor Gawron and Commissioner Spataro
to the Board of Assessors.
E. Create a Special Assessment District for Roblane Avenue, Quarterline
to Marlane. ENGINEERING
SUMMARY OF REQUEST: Vacate the previously created district on February 12,
2008, and to hold a public hearing on the proposed special assessment of the
Roblane Avenue, Quarterline Road to Marlane Street project, and to create a
new special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project. The request to
vacate the previously created district is due to:
1. The letters contained an incorrect date for the hearing; the hearing
date was set for February 12, 2008, but the letters listed the date as
February 22, 2008.
2. Calculation errors on parcel 440 and 462 Quarterline. While the
footage on the response cards was accurate, the estimated property
owner cost was not. This was due to multiplication error between the
footage and per foot cost.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To vacate the district on Roblane which was
created on February 12, 2008, and to create a new special assessment district
and assign two City Commissioners to the Board of Assessors by adopting the
resolution.
The public hearing opened to hear and consider any comments from the
public. Comments in opposition were heard from Amanda Vandervelde, 463
Marlane.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
public hearing and vacate the district on Roblane which was created on
February 12, 2008, and create a new special assessment district for Roblane
Quarterline to Marlane.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Carter and Commissioner
Wierengo to the Board of Assessors.
F. Public Hearing Concerning 2008-CDBG/HOME Recommendation and
City Commission Preliminary Decision. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To conduct a public hearing concerning the
CDBG/HOME 2008-2009 recommendation, submitted by both the administration
and the Citizen’s District Council. The public hearing is to obtain comments from
the public in reference to the 2008-2009 CDBG/HOME allocation funding which
is designated to be $984,207 and $290,049 respectively, excluding any program
income and reprogrammed funding. The Commission is also asked to make
their preliminary decision on what items should be funded and at what amounts.
The City Commission will be asked to make their final decision on April 8, 2008.
FINANCIAL IMPACT: The 2008-2009 allocations will be based on the City
Commission final decision.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the public hearing and to make
preliminary allocation decision.
COMMITTEE RECOMMENDATION: The Citizen’s District Council
recommendations are included with the recommendations submitted by the
administration.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from Lynette Griffith, 2060 Sullivan Rd., Ravenna,
for Habitat for Humanity; Marcia Hovey-Wright, 452 W. Webster, serve CDBG
Board; Tim Burgess, Neighborhood Investment Corporation; Jeff Melton, 3001
Ninth, advocate for Healthcare; Sheila Krieson, Habitat for Humanity; and Dan
Bonner, 1652 Nelson, Legal Aid of West Michigan.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
public hearing and approve the Citizen District Council recommendations with
changes to the HOME portion from $65,000 to $55,000 for Habitat for Humanity
and Neighborhood Investment Corporation and from $60,000 to $80,000 for Infill
New Construction.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: Wierengo
MOTION PASSES
G. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 24,
2008, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from Attorney Keith McEvoy representing
Community Party Store; Lacy Jones, 245 Eastern, Grand Rapids, and Paul Adam
Billings, 316 Morris Ave. for The Spotlight Nightclub. The following spoke against
the renewal for Kwik-Way, 45 E. Muskegon: Andrew Bickham, 1762 Princess
Lane; Amanda Swarvar, 2849 Bailey; Carol Ripley, 1780 Duchess Court; and Larry
Israel, 1673 Woodside. Additional comments were heard from Dan Krauth, Fox
17.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
public hearing.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, and
Carter
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Spataro to adopt the
resolution recommending non-renewal of those liquor license establishments
who are in violation with the exception of Community Party Store at 1149 Wood
Street and The Spotlight Nightclub at 435-441 W. Western Avenue.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the renewal of the liquor license for The Spotlight Nightclub.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, and Carter
Nays: Wisneski and Gawron
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
staff recommendation to deny the liquor license for Community Party Store at
1149 Wood.
ROLL VOTE: Ayes: Wisneski, Gawron, and Spataro
Nays: Warmington, Wierengo, and Carter
MOTION DEFEATED
Motion by Commissioner Spataro, second by Commissioner Wierengo to
recommend non-renewal of the liquor license for Kwik-Way Food Mart, 45 E.
Muskegon, contingent upon violations being filed with the Liquor Control
Commission.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Spataro, and
Warmington
Nays: None
MOTION PASSES
Commission asked that a resolution be sent to the Liquor Control Commission.
2008-27 NEW BUSINESS:
A. Repeal Vehicle for Hire Ordinance. CITY CLERK
SUMMARY OF REQUEST: At a Worksession meeting held on June 11, 2007, the
Commission considered a request to repeal the Vehicle for Hire Ordinance. At
that time, the Commission determined to license taxicabs for one more year
while Muskegon County establish a county-wide licensing requirement. The
Commission indicated they would visit the issue in one year.
The County has determined that they can not offer a county-wide licensing
requirement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the Ordinance to Repeal
Vehicles for Hire, Sections 102-200 through 102-260 of the Code of Ordinances
be repealed.
Motion by Commissioner Carter, second by Commissioner Spataro to repeal the
Vehicles for Hire Ordinance.
Motion and second withdrawn.
Motion by Commissioner Carter, second by Commissioner Spataro to extend the
current licensing for cabs to June 11, 2008.
ROLL VOTE: Ayes: Wisneski, Gawron, Spataro, Warmington, and Wierengo
Nays: None
Absent: Commissioner Carter stepped out of the room.
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:53 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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