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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 24, 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 24,
2006.
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,
Commissioner Chris Carter, Kevin Davis, Clara Shepherd, and Lawrence Spataro,
City Manager Bryon Mazade, City Attorney John Schrier, and Acting City Clerk
Linda Potter.
Absent: Commissioner Sue Wierengo (excused)
HONORS AND AWARDS:
A. Community Relations Committee Members. Mayor Warmington
recognized and thanked the committee members for their service.
2006-87 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 9th Commission
Worksession, and the October 10th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Housing Commission Appointment. CITY MANAGER
SUMMARY OF REQUEST: To appoint Angela Anthony to the Housing Commission
as the Resident Commissioner, to serve out the remaining term (expires 1/31/07)
of Bobbie Jones who no longer resides at Hartford Terrace.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To confirm the appointment.
C. Vacation of the Alley in Block 12 of the Continental Addition.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the alley located in Block 12,
Continental Addition bounded by E. Keating Avenue, Brunswick Street, E.
Holbrook Avenue, and Huizenga Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the alley, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their October 12th meeting, with the condition that all
utility easement rights be retained. The vote was unanimous with T. Harryman, S.
Warmington, and J. Aslakson absent.
D. FIRST READING: Zoning Ordinance Amendment – Planning Commission
Notice Mailing Area. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2405 (Petitions, Fees,
paragraph #2) of Article XXIV (Administration and Enforcement) regarding the
300 foot notice mailing area for Planning Commission public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for Planning Commission public hearing
notices.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
(Requires second reading)
E. FIRST READING: Zoning Ordinance Amendment – Aggrieved Parties
Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2503 (Appeals, Applications,
Filing Procedure and Fees, paragraph #1) of Article XXV (Zoning Board of
Appeals) regarding “aggrieved parties” language.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for “aggrieved parties”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
(Requires second reading)
F. FIRST READING: Zoning Ordinance Amendment – Zoning Board of
Appeals Newspaper Public Notice. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and
Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding
newspaper public notice for Zoning Board of Appeals public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding newspaper notice of Zoning
Board of Appeals public hearings.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
(Requires second reading)
G. City – Michigan Department of Transportation Agreement for the
Reconstruction of Getty Street, Hovey to Keating. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the reconstruction of Getty Street from Hovey Avenue to
Keating Avenue and to approve the resolution authorizing the Mayor and City
Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the federal funds of
$467,448 and $116,862 of state funds for a total grant of $584,310. The estimated
total construction cost, without engineering, including the non-participating
item of watermain is $750,200. The engineering cost is estimated at 15% of the
construction cost, which would be split equally with the City of Muskegon
Heights.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the Major Street and water funds as shown in the 2007 budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
H. City – Michigan Department of Transportation Agreement for Federal
Money Loan to Reconstruct Getty Street, Hovey to Keating.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the reconstruction of Getty Street from Hovey Avenue to
Keating Avenue and to approve the resolution authorizing the Mayor and Clerk
to sign the contract. As part of the “jobs today’s program” the state made
available to local governments the ability to advance construct projects on the
2007 and 2008 transportation plan by lending the federal allocation for those
projects as long as the local governments agreed to two conditions:
1. The projects would be advertised and awarded a year ahead of their
scheduled time (Getty was scheduled for 2007 and we completed the
design in 2006).
2. The local governments would have to enter into the agreement with the
state which outlines the terms and conditions of the loan.
The advantage on this project is that this whole agreement is merely a paper
work matter since the city could not have spent any money against the federal
funds to accrue any interest since the actual construction will take place in the
2007 fiscal year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will
come out of the Major Street and water funds as shown in the 2007 budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
I. Michigan Main Street/Community Requirements and Expectations
Agreement. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Economic Development Corporation
(MEDC) requires that the local community (i.e., City of Muskegon) enter into an
agreement with the local Main Street Board and MEDC. The Commission
approved the Agreement in 2005. However, the Michigan Main Street has
revised the Agreement from three years to five years. They have also made the
reporting requirements stricter. Therefore, the Commission is being asked to
approve the new Agreement. The Agreement outlines the support to be
provided. There is no financial obligation by the City of Muskegon to support
the program. The commitments relate to cooperation and support. If, for some
reason, the Agreement is not adhered to, the only repercussion is that the
Agreement would be null and void.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Agreement and authorize the City
Manager to sign.
J. Lead-Based Paint Abatement at 1122 Spring Street. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Success Enterprise of 2722
East Broadway, Michigan, for the lead base paint abatement of the city-owned
home at 1122 Spring for the cost of $24,400. The City received two additional
bids:
• Specialty Builders, 2434 Annette, Muskegon, MI for $25,650
• Statewide Abatement, 1720 Creston, North Muskegon, MI for $27,810
After the lead base paint abatement is complete, the structure will be totally
rehabilitated and then sold to a qualified low to moderate income homebuyer.
The structure at 1122 Spring is a part of the Community and Neighborhood
Services departments’ Operation R & R (Resurgence and Reawakening), which
is an attempt to rehabilitate ten houses throughout the City before the end of
this fiscal year.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2006-2007
HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with Success Enterprises of Muskegon, Michigan,
and direct the Mayor and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: The Operation R & R project was approved by
the Land Reutilization Committee.
K. Approval of Contractor for Rehabilitation of House at 1122 Spring Street.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Beattie Bros. Construction
LLC, 2786 Holton-Whitehall Road, Twin Lake, MI for the completion of the
rehabilitation to be located at 1122 Spring Street for the cost of $43,065. After
the total rehabilitation is completed, the home will be sold to a qualified first-
time homebuyer; continuing the City’s aggressive neighborhood revitalization
efforts in the McLaughlin Neighborhood area under the Operation: Spring Street
Reawakening. This is under the umbrella of Operation R & R (Resurgence and
Reawakening) which is a planned rehabilitation blitz by the Community and
Neighborhood Services department to rehabilitate ten houses throughout the
City before May 31, 2006.
The City received three additional bids:
• Obenauf DePender Construction LLC, 4471 Thompkins Trail, Muskegon, MI,
for $45,195
• Specialty Builders, 2434 Annette Ave., Muskegon, MI, for $55,195
• J2 Development & Construction, 109 West Laketon Avenue, Muskegon,
MI, for $60,894
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services office to develop a contract with Beattie Bros. Construction of Twin
Lake, MI, and direct the Mayor and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: Operation R & R was approved by the Land
Reutilization Committee.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
2006-88 PUBLIC HEARINGS:
A. Amendments to Brownfield Plan – Viridian Place 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 Edison Landing Lot I,
LLC (“ELLI”) 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 24, 2006, at their September 26, 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 18, 2006, and further recommends that the Muskegon City
Commission approve the Plan amendment.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 5:52 p.m. and approve the amendments to the Brownfield Plan
for Viridian Place at Edison Landing.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
B. Request to Establish an Obsolete Property District - 67 W. Western
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Witt Buick, 67 W. Western Avenue, Muskegon, MI 49442, has requested
the establishment of an Obsolete Property District. The district would be located
at 67 W. Western Avenue, Muskegon, MI. Total capital investment for this project
is $60,000.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
The Public Hearing opened at 5:55 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 5:59 p.m. and approve the request to establish an
Obsolete Property District at 67 W. Western Avenue.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
C. Request to Issue an Obsolete Property Certificate - Witt Buick, 67 W.
Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Witt Buick, 67 W. Western Avenue, Muskegon, MI has requested the
issuance of an Obsolete Property Certificate for the property located at 67 W.
Western Avenue, Muskegon, MI. Total capital investment for this project is
$60,000. Because of the amount of investment, the applicant is eligible for an
eight-year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
The Public Hearing opened at 6:01 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
Public Hearing at 6:03 p.m. and issue an Obsolete Property Certificate to Witt
Buick at 67 W. Western Avenue for eight years.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Shepherd
Nays: None
MOTION PASSES
2006-89 NEW BUSINESS:
A. Donation Program for 2006 Individual Income Tax Returns. INCOME
TAX
SUMMARY OF REQUEST: Approval to designate donations from the 2006 income
tax returns towards the upkeep of the Dog Park or the Muskegon’s Smith Ryerson
Recreational Center. Income tax refunds voluntarily donated from taxpayers will
go to either the Dog Park or the Recreational Center.
FINANCIAL IMPACT: The average amount collected each year is $2,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval recommended.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the designated donations from the 2006 income tax returns to go to the
Smith Ryerson Recreational Center.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
B. Request to Construct Improvements in Right-of-Way and Maintenance
Agreement with Witt Buick. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Witt Buick, 67 W. Western Avenue, Muskegon, MI 49442,
has requested to be allowed to construct certain improvements on the City
rights-of-way at the locations on the map.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the maintenance
agreement, allowing Witt Buick to construct improvements on the City rights-of-
way.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the maintenance agreement with Witt Buick.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Harbour Towne Dockominium. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with Harbour Towne
Commercial Development and Harbour Towne Marina Association to complete
a development component of the Harbour Towne Condominium project.
FINANCIAL IMPACT: $3,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the agreement with Harbour Towne Commercial Development and Harbour
Towne Marina Association to complete a development component of the
Harbour Towne Condominium project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
856 Fork – Area 11 (REMOVED PER STAFF REQUEST)
775 Washington – Area 12
1957 Continental
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: 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 1957 Continental.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 775
Washington, but not proceed with the demolition for 60 days allowing it to be
brought up to code.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Carter, and Davis
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 6:40 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
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