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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 10, 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, October 10,
2006.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue 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 Lawrence Spataro, Sue Wierengo, Chris Carter, Kevin Davis, and
Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and
Acting City Clerk Linda Potter.
2006-82 HONORS AND AWARDS:
A. Annual Service Awards. CIVIL SERVICE
Mayor Warmington and the Commissioners presented the Service Awards to the
City employees thanking them for their years of service.
2006-83 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, September 26, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Accept Resignations and Make Appointments to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept resignations from Andrea Riegler, Aime
Brown, Tom Russo, Charles Nelson and Ronald Allen; and to appoint Roger
Morgenstern to Public Relations; Linda Wood and Karen Panozzo to Historic
District Commission; Louis Spyke to Board of Canvassers and Election
Commission; and Steven Lague to Construction Code Board of Appeals.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments at their October 2nd meeting.
C. SECOND READING: Rezoning Request for Property Located at 699
Pulaski Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 699 Pulaski
Avenue, from I-1, Light Industrial district to B-4, General Business district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 14th meeting. The vote was
unanimous with T. Michalski and B. Larson absent.
D. SECOND READING: Rezoning Request for Property Located at 236
Monroe Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 236 Monroe
Avenue, from R-1, One Family Residential district to B-2, Convenience and
Comparison Business district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 14th meeting. The vote was
unanimous with T. Michalski and B. Larson absent.
E. SECOND READING: Rezoning Request for Property Located at 1745
Madison Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1745
Madison Street, from I-1, Light Industrial district to R-1, One Family Residential
district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 14th meeting. The vote was
unanimous with T. Michalski and B. Larson absent.
F. Sale of Buildable Vacant Lot at 1259 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1259
Marquette Avenue to Vernon and Dorothy Harris. The lot is 116.45 x 132 ft. and is
being offered to Mr. and Mrs. Harris for $9,000. A single family home will be
constructed. The home will have a two stall attached garage, three bedrooms,
two bathrooms, and a basement. The square footage of the home will exceed
what is required by the policy.
FINANCIAL IMPACT: The sale of this lot for the construction of a single family
home will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution and deed.
G. Ordinance Amendment – Clarification of Delay Between Historic District
Commission and Demolition. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the ordinance amendment clarifying the
delay between Historic District Commission and demolition. The current
ordinance is not clear on when there is a six-month delay and when a structure
can be demolished immediately. The amended ordinance makes it clear that
there is only a six-month delay on structures that are of historic or architectural
worth.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the ordinance amendment.
I. Repair of Middle Roof Section - Public Service Building. PUBLIC WORKS
SUMMARY OF REQUEST: Bids were taken to repair the middle roof section of the
Public Service Building on September 22, 2006. This project is to eliminate
leakage and extend the roof warranty for another 10 years. The low bidder was
East Muskegon Roofing & Sheet Metal for $21,715.
FINANCIAL IMPACT: $50,000 was budgeted in the Public Service Building Fund
for middle section (shop area) roof repair or replacement in 2006.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION: Accept the low bid of $21,715 and authorize staff to
execute an agreement with the successful bidder to complete the project.
J. Request to Purchase Video Enhancement Software. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and Cognitech, Inc., of
Pasadena, California. In return, Cognitech will provide the department with
video enhancement software. This software will provide officers with the
capability of enhancing still photographs which can be obtained from
videotape. Increasingly, businesses and homeowners are utilizing video for
security reasons. There is no local assistance available and on occasion we
have had to transport videos to a state police lab in Lansing. Therefore we feel
that it is important for us to obtain and use this technology. Cognitech is also
the vendor utilized by the Michigan State Police. Cognitech submitted a bid of
$15,723.40 for software, support and training. We did receive a quote from one
other company. Salient Stills of Boston, Massachusetts submitted a bid of
$18,000 for software, support and training.
FINANCIAL IMPACT: Funds from the Criminal Forfeiture Account will be used to
purchase this software.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
K. West Michigan Metropolitan Transportation Plan (WestPlan). CITY
MANAGER
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues. This organization determines projects and distributes federal
transportation funds.
FINANCIAL IMPACT: $16,040
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request.
L. Quit Claim Deed to CSX Transportation for Shoreline Dr. ENGINEERING
SUMMARY OF REQUEST: Authorize the Mayor & Clerk to execute the Quit Claim
Deed transferring property to CSX. This transaction would conclude the
obligation of both parties under which CSX had to relinquish their rights to the
properties needed for the construction of Shoreline Drive.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign off on the
quit claim deed and direct staff to record both deeds, the one from CSX to the
City and the one from the City to CSX.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item H.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2006-84 ITEMS REMOVED FROM THE CONSENT AGENDA:
H. Budgeted Vehicle Purchases. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two Ford Rangers from Tony
Betten & Sons Ford.
FINANCIAL IMPACT: Total Cost $26,385
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of two Ford Rangers from Tony Betten & Sons Ford.
ROLL VOTE: Ayes: Gawron and Spataro
Nays: Wierengo, Carter, Davis, Shepherd and Warmington
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Wierengo to award
the purchase of two Ford Rangers to Great Lakes Ford for $13,226 each.
ROLL VOTE: Ayes: Carter, Davis, Shepherd, Warmington, and Wierengo
Nays: Gawron and Spataro
MOTION PASSES
2006-85 PUBLIC HEARINGS:
A. Amendment to Brownfield Plan – Redevelopment of the Century Club &
Daniels and Redevelopment of Muskegon Savings Bank. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Western Avenue
Properties, LLC and Port City Construction & Development Services, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a mixed-use development will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for October 10, 2006, at their September 12, 2006, meeting. Since that
time, a notice of the public hearing has been sent to taxing jurisdictions, and it
has been published twice in the Muskegon Chronicle. In addition, the
Brownfield Redevelopment Authority approved the Plan amendment on
September 5, 2006, and further recommends that the Muskegon City
Commission approve the Plan amendment.
The Public Hearing opened at 5:59 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 6:04 p.m. and approve the amendments to the Brownfield Plan
redevelopment of the Century Club & Daniels and redevelopment of Muskegon
Savings Bank.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
B. Amendment to Brownfield Plan – Vida Nova at Edison Landing.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by DDLH, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a residential condominium project will add to the tax base of the City of
Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for October 10, 2006, at their September 12, 2006, meeting. Since that
time, a notice of the public hearing has been sent to taxing jurisdictions, and it
has been published twice in the Muskegon Chronicle. In addition, the
Brownfield Redevelopment Authority approved the Plan amendment on
September 5, 2006, and further recommends that the Muskegon City
Commission approve the Plan amendment.
The Public Hearing opened at 6:05 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Commissioner Davis to close the
Public Hearing at 6:07 p.m. and adopt the amendment to the Brownfield Plan for
Vida Nova at Edison Landing.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2006-86 NEW BUSINESS:
A. Plan to End Homelessness – Continuum of Care Resolution. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Judy Kell, Continuum of Care Coordinator, has
requested that the City Commission endorse the Ten Year Plan to end
homelessness.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk’s signatures.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the resolution for Continuum of Care and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
B. Financial Policies. FINANCE
SUMMARY OF REQUEST: Periodically the Financial Policies of the City are
reviewed and revised to include policy changes or revisions adopted by the
Commission or necessitated to come into compliance with state or federal law
since the last update. The last time the Policies were updated was March 2002.
Included with this update are two policies not previously adopted by the
Commission, the Cell Phone Policy created to comply with IRS regulations and
the Pensions and Other Post Employment Benefits Policy created to follow
Governmental Accounting Standards Board guidelines.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the City of Muskegon Financial Policies as
updated October 2006.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
City of Muskegon Financial Policies as updated October 2006.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
C. Sale of Public Improvement Bonds. FINANCE
SUMMARY OF REQUEST: Bids will be opened at 2:30 p.m. on Tuesday, October
10, 2006, for sale of $5,400,000 public improvement bonds as previously
authorized by the City Commission. Proceeds of the bond sale will be used to
finance construction of a new Central Fire Station and various recreation
projects. The City Commission is asked to adopt the awarding resolution
assuming acceptable bids are received.
FINANCIAL IMPACT: Interest costs will be known at the time bids are opened
and the Commission will be provided with a summary.
BUDGET ACTION REQUIRED: Debt service costs will be included in the City’s
budget for the life of the bonds.
STAFF RECOMMENDATION: Approval of the awarding resolution.
Motion by Vice Mayor Gawron, second by Commissioner Davis to approve the
awarding resolution for the sale of the public improvement bonds to Morgan
Keegan for 4.149%.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
D. Cell Tower Lease. PUBLIC WORKS
SUMMARY OF REQUEST: Verizon Wireless has proposed to construct a monopole
cellular tower on City property at the location of the Harvey Street surface water
reservoir. By redesigning how we use this piece of property, sufficient land was
made available to accommodate the request for a cellular tower. The cellular
tower overlay district that was previously located at the Public Service Building
was relocated to the Water Reservoir site by the Zoning Board. The revenues
generated from the rental of this site, which begin at $1,500 per month and
escalate at a rate of 3% per year starting in 2008, shall be used to offset
expenses of maintaining the five-million gallon water reservoir.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the cell tower lease to Verizon Wireless.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
E. Request for Flow Transfer. PUBLIC WORKS
SUMMARY OF REQUEST: That the City of Muskegon grant a request to transfer .05
Million Gallons Per Day of its allocation of 10.84 Million Gallons Per Day to Cedar
Creek Township.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for the flow transfer with Cedar Creek Township for .05
Million Gallons Per Day.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
F. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of Lot #2 in Seaway Industrial Park
to Dan Hoe Excavating, 13664 Ruckys Road, Holland, MI 49424. The purchase
price is $135,000 (asking price $144,000). This company is currently located in
Holland, but due to increased business in Muskegon, they would like to locate a
satellite plant here. They plan to invest $125,000 to $150,000 in a building and
other site improvements. Expected employment is at least two full-time
employees, possibly more, depending on the season.
FINANCIAL IMPACT: The sale of this lot, while it is located in a Renaissance Zone,
will still generate City of Muskegon income tax.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution, deed, and all other necessary
documents.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of Lot #2 in the Seaway Industrial Park to Dan Hoe Excavating for
$135,000.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
G. Agreement to Trade Used Shotguns for Rifle Lighting Systems. PUBLIC
SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and Gary’s Guns, 4021
East Apple, Muskegon, MI. This agreement will allow the department to obtain
20 new Streamlight Tactical LED Lights and mounts for the AR-15 patrol rifles
which are now in service. In return, Gary’s would receive 35 used Remington
870 Shotguns. The department has also received an offer from Michigan Police
Equipment, 6521 Lansing Road, Charlotte, MI. The offer equates to $69 per
shotgun as proposed by Gary’s and $80 per shotgun as proposed by Michigan
Police Equipment. As there is no actual money exchange occurring, staff would
like to accept the bid from the Muskegon-area business.
FINANCIAL IMPACT: No expenditure of funds to purchase the lighting systems.
No staff time needed to market the used shotguns.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the agreement to trade used shotguns for rifle lighting systems with Gary’s Guns.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
H. Lease Agreement – Central Dispatch. CITY MANAGER
SUMMARY OF REQUEST: To approve a lease agreement with Muskegon Central
Dispatch for space in the new Central Fire Station.
FINANCIAL IMPACT: The agreement requires Central Dispatch to pay their share
of the debt service and operations costs of the fire station.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the lease agreement.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the lease agreement with Central Dispatch to use the new Central Fire
Station.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission discussed various items.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:36 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
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