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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 13, 2007
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 13,
2007.
Mayor Warmington opened the meeting with a prayer from Reverend Duane
Banks from the Spring Street Missionary Baptist 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 Warmington, Vice Mayor Stephen Gawron,
Commissioner Clara Shepherd, Lawrence Spataro, Sue Wierengo, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
INTRODUCTIONS/PRESENTATION: Mayor Warmington introduced Deniz Tolga
who is from our Sister City Kepez-Turkey.
2007-23 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 27th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Recommendations for the Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: Concur with the Community Relations Committee to
approve the following:
Accept the resignation of Sonja Hernandez from the Citizen Police Review Board
Appoint Carlos Florez to the Citizen’s Police Review Board
Appoint Bess Commodore to the Hospital Finance Authority
Appoint Branden J. Gemzer to the Income Tax Board of Review
Appoint Dwayne Lang and Jodi McClain to the Local Officer’s Compensation
Commission
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
C. Liquor License Request – 609 W. Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Tipsy Toad, Inc. for a New Outdoor Service
Area. They currently have a 2006 Class C-SDM Licensed Business with Dance-
Entertainment Permit and Two Bars located at 609 W. Western.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
D. Six Month Extension to Complete Reconstruction of the Home at 354 W.
Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a six month extension to allow John C. Allen
time to complete the reconstruction of the home at 354 W. Muskegon Avenue.
Mr. Allen purchased the property to reconstruct a historic home on the property
and has completed over 75% of the exterior. The City has customarily granted
extensions to parties who have shown that they are dedicated to completing
construction and contributing to the beautification of the City’s residential
areas. Mr. Allen has worked with staff and feels that the six month extension will
allow enough time for this.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
E. Amendment to the Policy for Sale of City-Owned Residential Property in
the Historic Infill Area. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the amendment to the “Policy for Sale of
City-Owned Residential Property in the Historic Infill Area”. This policy is only for
the area located on W. Muskegon Avenue between Fourth and Fifth Streets.
There are two city owned lots left in this infill area. The amendment is to remove
the sentence “Staff is further directed not to charge for city assistances with tree
trimming, traffic control or police escorts when assisting with a house move to
this target area.” and to remove the word “also” from the sentence that
followed.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval of the policy change at their regular meeting of
February 27, 2007.
F. Consideration of Bids - Modifications to Locker Room in Police
Department. ENGINEERING
SUMMARY OF REQUEST: Award the base bid portion of the contract for the
police department modification to Muskegon Quality Builders, Inc. of Muskegon
Heights, MI since they were the lowest responsible bidder with a bid price of
$35,400.
FINANCIAL IMPACT: The construction cost of $35,400
BUDGET ACTION REQUIRED: None. This project was budgeted for in the 2006
CIP, however, not much of the budgeted amount was spent in 2006 and
therefore the project was carried over to 2007 and will be reflected in the 1st
Quarter Forecast of the 2007 budget.
STAFF RECOMMENDATION: Award the contract to Muskegon Quality Builders,
Inc.
PUBLIC
G. Contract Agreement - Lockers - The Casper Corporation.
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission consider the bid for lockers for the women’s locker room in the
police department. The bid was submitted by The Casper Corporation of
Kalamazoo, Michigan. This request is being made in conjunction with the
proposed bid award for the expansion of the same locker room.
Due to the layout of the locker room, The Casper Corporation is the only vendor
who could provide the style of locker (built-in locking storage and bench) that
will function in conjunction with the design. Cost for the lockers as proposed by
Casper is $16,036.
FINANCIAL IMPACT: A portion of the locker costs will be paid for by the capital
improvement funds designated for this project. The remaining costs
(approximately $9,000) need to be funded.
BUDGET ACTION REQUIRED: Appropriation from the contingency fund.
STAFF RECOMMENDATION: Approval of this request.
I. Nested Stormwater Agreements. PUBLIC WORKS
SUMMARY OF REQUEST: To approve the Interagency Agreements with
Muskegon Public Schools, Muskegon Community College and Muskegon Area
Intermediate School District for coverage under the City of Muskegon’s Phase II
National Pollutant Discharge Elimination System Permit to discharge stormwater
and to approve the resolution authorizing the Mayor and City Clerk to sign these
Agreements.
FINANCIAL IMPACT: Under these Agreements, the named school districts, all
located within the City’s jurisdiction, agree to participate in compliance with the
Permit and to reimburse the City for a percentage of the routine costs
associated with the City’s compliance with the Permit.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: That the Agreements and resolution be approved.
J. Consideration of Bids - Department of Public Works Building
Modifications. ENGINEERING
SUMMARY OF REQUEST: Award a heating system modification at the
Department of Public Works building to Northside Heating since they were the
lowest responsible bidder with a bid price of $18,705. The scope of work shall
consist of replacement of the unit heaters in the stock room area with tube
heaters to save over 25% in energy usage and to reconfigure and balance the
heat distribution into the offices to cutback on portable heater usage.
FINANCIAL IMPACT: The construction cost of $18,705.
BUDGET ACTION REQUIRED: The 1st quarter forecast will be revised to include this
project.
STAFF RECOMMENDATION: Award the contract to Northside Heating.
K. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: ESC Consulting Engineers is requesting on behalf of
Federal – Mogul Corporation your permission to install two monitoring wells within
the Temple Street’s right of way as reflected in the application.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
L. City MDOT Agreement for Park Street Reconstruction, Hackley to
Young. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Park Street from Hackley to Young and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is caped at $192,000 but not to
exceed 80% of eligible cost. The estimated total eligible construction cost
(without engineering which is not eligible) of the project is $240,000.
BUDGET ACTION REQUIRED: None. The Cities of Muskegon and Muskegon
Heights has budgeted for their share (50% each) of the project in 2007.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus item H.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2007-24 ITEM REMOVED FROM THE CONSENT AGENDA:
H. Change Order #1 for Central Fire Station. CITY MANAGER
SUMMARY OF REQUEST: To approve Change Order # 1 for the new fire station,
the majority of which is for fill sand to raise up the site. The amount needed was
not yet determined at the time of the bid.
FINANCIAL IMPACT: $40,109.65
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Change Order.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
Change Order #1 for Central Fire Station.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2007-25 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Johnson
Technology, Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Johnson Technology, Inc., 2034 Latimer Drive, has requested the issuance of an
Industrial Facilities Exemption Certificate for the property located at 2034 Latimer
Drive, Muskegon. The total capital investment is approximately $5,580,077 with
$993,077 in real property and $4,587,294 in personal property, and includes the
addition of 25 new jobs. This request qualifies Johnson Technology, Inc. for a
term of 12 years for real property and 9 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 9
years for personal property.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for Johnson Technology, Inc.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
B. 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 Ordinance 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 23,
2007, 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.
Public comments were heard from Malachi Williams, 3031 Merriam Street, owner
of Dreamers; and Michael Baker, 1150 Apple, Elks Charity Lodge.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and adopt the resolution for the annual renewal of liquor
licenses with the provisions outlined.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
C. Create a Special Assessment District for Division Street, Laketon to
Southern. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Division 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.
Public comments were heard from Benita Blohm, 1749 Division, against the
special assessment.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing and create the special assessment district for Division Street,
Laketon to Southern, and assign two City Commissioners to the Board of
Assessors.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Shepherd and Vice Mayor
Gawron to the Board of Assessors.
D. Create a Special Assessment District for McGraft Park Road, Addison to
Glenside. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the McGraft Park Road, Addison to Glenside 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.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing and create the special assessment district for McGraft Park Road,
Addison to Glenside.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Wierengo and Commissioner Davis
to the Board of Assessors.
E. 2007-2008 Community Development Block Grant/HOME
Recommendation and City Commission Preliminary Decision.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing concerning the
CDBG/HOME 2007-2008 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 2007-2008 CDBG/HOME allocation funding which
is designated to be $1,060,000 and $301,760 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
10, 2007. After that date, the CNS office will continue the Citizen Participation
process until at least April 17, 2007. At or near that date, the City of Muskegon
will request a release of funds from the U.S. Department of Housing and Urban
Development.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the Commission
decision.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the Public Hearing and to make
preliminary allocation decision.
Public comments were heard from Leland Davis, 1148 Terrace Manor, asking
how much money is being spent to fix up our housing. Community &
Neighborhood Services Director, Wilmern Griffin gave an explanation.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve Citizen District Council’s preliminary request for the
2007-2008 CDBG/HOME recommendation.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2007-26 NEW BUSINESS:
A. Amendment to the 2007 Master Fee Schedule - Hartshorn Marina Boat
Slip and Mooring Rate Increase. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To amend the 2007 Marina boat slip/mooring fees. The
increase is being requested due to the Michigan State Waterways Commission
action that took place on February 23, 2007. The increase on average is 3.3% in
both Standard Transient and Seasonal Rate Areas.
FINANCIAL IMPACT: Potential increase in slip rental revenues at Hartshorn
Marina.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval, to adopt the rates as required.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the amendment to the 2007 Master Fee Schedule for the Hartshorn Marina boat
slip and mooring rate increase.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro asked for an update on 487 W.
Clay. City Attorney John Schrier gave an update.
Commissioner Shepherd commended Frances Day and Police Officers Tim Titus
and Jeremy Velik for their efforts in helping a citizen in need.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:23 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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