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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 27, 2006
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, June 27,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God 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 Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Carter, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter.
2006-54 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 12th Commission
Worksession, and the June 13th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: United Way of the Lakeshore 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.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
H. Budgeted Vehicle Replacement - Two F2880E Mowers. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two F2880E mowers from Grant-
Rent-All.
FINANCIAL IMPACT: Cost $25,200.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
I. Budgeted Vehicle Replacement - Two F-450 Cab and Chassis. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two F-450 cab and chassis using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $43,972.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
J. Budgeted Vehicle Replacement - One F-250 4x4 Pickup Truck. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase one F-250 4x4 pickup truck using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $19,466.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
K. Budgeted Vehicle Replacement - Two F-350 Cab and Chassis. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two F-350 cab and chassis using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $35,080.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
L. Consideration of Bids - Lakeshore Drive, McCracken to Laketon (H-
1609). ENGINEERING
SUMMARY OF REQUEST: Award the referenced paving project (H-1609), using
hot mix asphalt, to Woodland Paving out of Comstock Park. Woodland
submitted the lowest bid of $419,535.35, and they are a responsible and
responsive contractor. The award, if approved, must be contingent upon
approval by the State.
FINANCIAL IMPACT: The construction cost $419,535.35 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None, this project is partially funded by a state
grant.
STAFF RECOMMENDATION: Award the contract to Woodland Paving.
M. Construction Engineering Agreement with Fleis & Vandenbrink:
Decorative Concrete - Street Lights - Roundabout on Western Avenue,
Third to Terrace. ENGINEERING
SUMMARY OF REQUEST: Enter into an engineering service agreement with Fleis &
Vandenbrink to perform construction engineering and design modification to
meet the State’s guidelines and standards to complete the construction of
Western Avenue between Third and Terrace by constructing street lights,
decorative concrete and sidewalks as well as the roundabout at the
intersection of Third and Western. This request is necessary since the City was
able to secure funding through available federal funds. The fee for the
aforementioned services is a not to exceed $32,500 for the design phase and
$83,000 for the construction engineering phase. Fleis & Vandenbrink was
selected since this project is very much an extension of what has been done.
FINANCIAL IMPACT: 81% of the construction engineering phase ($83,000) is
grant eligible. The design phase and the local share of the construction
engineering (19%) will be funded from the available Mall project funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an Engineering Services Agreement with
Fleis & Vandenbrink.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read with the exception of item C, D, E, F, and G.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2006-55 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Request for Final Planned Unit Development Approval for Phase V of the
Park Terrace Development. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase V of the Planned
Unit Development and associated site, and landscape plans for the Park
Terrace Development, for 46 condominium units. The request is from Ruddiman
Associates.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final Planned Unit Development
approval for Phase V and approval of the associated plans provided that the
conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final
approval of Phase V of the Planned Unit Development and associated plans,
with the conditions listed on the resolution, at their regular meeting on June 15.
The vote was unanimous, with T. Harryman and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final Planned Unit Development for Phase V of the Park Terrace
Development.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
F. Vacation of the East/West Alley Between Fifth and Sixth Streets, Running
Parallel to Washington and W. Grand Avenues. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the East/West alley between
Fifth and Sixth Streets, running parallel to Washington and W. Grand Avenues,
located in Muskegon Revised Plat of 1903, Block 405.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the East/West alley
between Fifth and Sixth Streets, running parallel to Washington and W. Grand
Avenues, with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their June 15th meeting, with the condition that all utility
easement rights be retained. The vote was unanimous with T. Harryman and B.
Smith absent.
Motion by Commissioner Davis, second by Commissioner Spataro to approve
the vacation of the east/west alley between Fifth and Sixth Streets running
parallel to Washington and W. Grand.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
G. Vacation of a Portion of “Old” Ottawa Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of a portion of “old” Ottawa
Street located southwest of the “realigned” Ottawa Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the vacation of a portion of “old”
Ottawa Street as per the legal description in the resolution, with the condition
that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the vacation at their June 15th meeting, with the
condition that all utility easements rights be retained, with T. Harryman and B.
Smith absent.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the vacation of a portion of “old” Ottawa Street.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. Liquor License Request - Brewer Enterprises II, Inc., 817 Forest.
CITYCLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request to transfer all stock in the 2006 Class C-SDM
licensed business with Dance Permit from Timothy Brewer to new stockholder
Terri L. Garza.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
D. Liquor License Request - Clay Avenue Cellars, Inc., 611 Clay. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Clay Avenue Cellars, Inc., for a New Small
Wine Maker License to be located at 611 Clay Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the liquor license requests for Brewer Enterprises II, Inc., 817 Forest and
Clay Avenue Cellars, Inc., 611 Clay.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-56 HONORS AND AWARDS:
A. 2005 3rd Quarter, 2005 4th Quarter, and 2006 1st Quarter Suggestion
Award Winners. CIVIL SERVICE
SUMMARY OF REQUEST: The Employee Suggestion Award Committee requests
that the 2005 3rd quarter award go to Firefighter Brian Davis for his proposal to
store the Fire Department’s boat on City property rather than pay a fee for off-
site storage. The 2005 4th quarter award go to Cemetery Customer Service
Representative Teresa Moore for her proposal to discontinue the City’s practice
of buying back sold but now unwanted cemetery plots and implement a fee-
for-service when assisting with the resale of grave sites. The 2006 1st quarter
award go to Building Maintenance Supervisor J. R. Gann for his proposal to
install a forced air heating system in the Evergreen Cemetery mausoleum.
Mayor Warmington presented Brian Davis’ award to Peter Hughes, and he
presented Teresa Moore and J. R. Gann their awards.
2006-57 NEW BUSINESS:
A. Construction of Clubroom Facility at LC Walker Arena. FINANCE
DIRECTOR
SUMMARY OF REQUEST: Bids for construction of the LC Walker Arena clubroom
were opened on Friday, June 23rd. Although interest in the project was high and
bidding was strong, results were disappointing, with the low bid coming in higher
than the $300,000 project estimate. The low bid of $431,723 was received from
Muskegon Quality Builders.
FINANCIAL IMPACT: If the Commission decides to proceed with the Clubroom,
the following financial impacts are anticipated:
1. annual management fee paid by the City to AMG under the new
operations contract decreases from $235,000 to $210,000;
2. a 15-year $300,000 (3% interest) interfund loan would be made from
the Equipment Fund to the LC Walker Arena fund to finance
construction costs; and,
3. monthly debt service payments in the amount of $2,071.74 ($24,861/yr.)
would be made to repay the interfund loan.
Additionally, of course, it is anticipated the project will financially strengthen the
Walker Arena and complement and enhance redevelopment of the
downtown.
BUDGET ACTION REQUIRED: The budget will be adjusted as described above
depending on the Commission’s decision.
STAFF RECOMMENDATION: Reject all bids and shelve the project for
reconsideration next year.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
item back to staff for further study and have staff bring their recommendation
back to the Commission.
ROLL VOTE: Ayes: Gawron, Spataro, and Warmington
Nays: Carter, Davis, Shepherd, and Wierengo
MOTION FAILS
Motion by Commissioner Davis, second by Commissioner Carter to reject all bids
and shelve the project for reconsideration next year.
ROLL VOTE: Ayes: Davis, Shepherd, Spataro, Warmington, Wierengo, and Carter
Nays: Gawron
MOTION PASSES
B. Request for Final Planned Unit Development Approval for Phase I at 444
Irwin Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval at 444 Irwin Avenue is for a mixed use, commercial, office, and
religious development. The request is by Douglas Malear, Hope Lighthouse
Church.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the Preliminary PUD and Phase I of the final PUD, with the conditions
listed on the resolution, at their June 15, 2006, meeting. The vote was
unanimous, with T. Harryman and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final approval of the Planned Unit Development for phase I at 444
Irwin Avenue.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1986 Continental. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 1986
Continental is unsafe, substandard, a public nuisance and that it be demolished
within thirty days. It is further requested that administration be directed to obtain
bids for the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
FINANCIAL IMPACT: General 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 1986 Continental.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
D. Multiple Alcohol License within the City of Muskegon over the Period
June 29 to July 7, 2006. Request Received from Tipsy Toad. ASSISTANT
CITY MANAGER
SUMMARY OF REQUEST: We received a Special Event request from Tipsy Toad
through the Non Profit Fruitport Lions Club for a liquor license to serve alcohol
outside of their venue over the period June 29 to July 7, 2006. The Commission
has already approved two liquor licenses (Summer Celebration and The Eagles)
during that same period.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: No recommendation. Commission action required.
Motion by Commissioner Carter, second by Commissioner Davis to deny the
request for multiple alcohol license for June 29 to July 7, 2006.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, and Shepherd
Nays: Spataro and Wierengo
MOTION PASSES
ANY OTHER BUSINESS: Commission discussed various items.
PUBLIC PARTICIPATION: Various comments were heard from the public.
2006-58 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Davis, second by Commissioner Spataro to go into
Closed Session at 7:18 p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to come out
of Closed Session at 7:33 p.m.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:34 p.m.
Respectfully submitted,
Linda Potter, CMC
Deputy City Clerk
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