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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11, 2005
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, January 11,
2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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 Bill Larson, Commissioner
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
Absent: None
2005-01 INTRODUCTIONS/PRESENTATION: Janie Scott and two Mayhem players
were introduced to the Commission. County Commissioner Don Aley, Ward I
and II, was also introduced.
2005-02 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: Approve the minutes of the December 13, 2004
Worksession and the December 14, 2004 City Commission meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
B. Air Compressors request for purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two budgeted air compressors.
FINANCIAL IMPACT: Total Cost $21,170.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of new air compressors from
Hasper Equipment.
C. Housing Commission Appointment. CITY MANAGER
SUMMARY OF REQUEST: To re-appoint Jerry Lottie to the Muskegon Housing
Commission for a term to expire 1/31/10.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the appointment.
D. Appointments to Various Boards/Committees. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: Concur with the Community Relations Committee to
approve the following:
Board of Review – Reappointment of Donald Haas, Georgia Strube and Ralph
Burr with terms expiring 01-01-07. Positions up next year will have a term of one
year and their terms will expire 01-01-07.
Citizen’s Police Review Board – Reappointment of William Muhammad, Adelia
Winchel, David Burlingame, Dolly Hippchen and Ann Craig. Appointment of
Janie Santos to fill the position of a member of a minority based organization.
Terms expire January 31, 2007.
Civil Service Commission – To appoint Roger Brink with a term expiring on
January 31, 2011.
CDBG Citizen’s District Council – Accept the resignation of Susan Kroes and
appoint David Newsome to fill the position with a term expiring January 31, 2006.
Construction Code Board of Appeals – To reappoint Matt Tighe, Vicki Webster
and Kevin Donovan with terms expiring January 31, 2007.
Downtown Development Authority/Brownfield Redevelopment Authority
Board/Tax Increment Finance Authority – Reappointment of Eugene Fethke with
term expiring January 31, 2009. Appointment of Bill Seeback as a member who
has an interest in property within the district with his term expiring January 31,
2007. Appointment of Mike Johnson Sr. as a member who has an interest in
property within the district with his term expiring January 31, 2009.
Election Commission – Reappointment of Charles Nelson with a term expiring
January 31, 2008.
Equal Opportunity Committee – Appointment of Orlando Riley with a term
expiring January 31, 2008.
Historic District Commission – Appointment of Susan Kroes to the vacant position
of persons who reside or have occupational or financial interest in one or more
of the historic districts with a term expiring January 31, 2008.
Housing Code Board of Appeals – Reappointment of Nick Kroes and Jonathan
Rolewicz with terms expiring January 31, 2008.
Income Tax Board of Review – Reappointment of Mary Anne Riters with a term
expiring January 31, 2008.
Land Reutilization Committee – Reappointment of Robert Hill and Mike Amhrein
with terms expiring January 31, 2009.
Leisure Services Board – Appointment of Connie Navarro with a term expiring
January 31, 2007.
Local Development Finance Authority – Reappointment of Phillip Okerlund with
the term expiring January 31, 2009.
Local Officer’s Compensation Commission – Appointment of Nick Archer with
term expiring January 31, 2012; Ruth Anderson with term expiring January 31,
2006; Tonya Thompson with term expiring January 31, 2007 and Kathleen Pitsch
with term expiring January 31, 2011.
Planning Commission – Reappointment of Blanche Smith and John Aslakson with
terms expiring January 31, 2008. Appointment of Byron Turnquist with term
expiring January 31, 2008.
Police & Firemen’s Retirement Board – Reappointment of Art Rudd with term
expiring January 31, 2010.
Public Relations Committee – Reappointment of Andrea Riegler and Joan
Gawron with terms expiring January 31, 2009.
Zoning Board of Appeals – Reappointment of Ernest Fordham with term expiring
January 31, 2008. Appointment of Steve Brock and J D Wallace with terms
expiring January 31, 2008.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-03 PUBLIC HEARINGS:
A. Designation of the Port City Industrial Park as a Neighborhood
Enterprise Zone. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing to inform and receive
comments from the public on designating the Port City Industrial Park as a
Neighborhood Enterprise Zone.
FINANCIAL IMPACT: There is no direct financial impact from the designation of a
Neighborhood Enterprise Zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing to inform and receive
comments from the public about the said designation.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:46 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
B. Create a Special Assessment District for Sidewalk Replacement
Program 2005. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment district of the project and to create a special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project. The district will not include those who complete the
work under a permit before June 1, 2005.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the project for special assessment,
create a special assessment district for the project and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments
from the public. Comments were heard in opposition from: Charles Atwood,
representative of 1145 W. Laketon, Greater Area Catholic Schools; Thomas
Begley, 1580 Randolph; Edward Pamici, 857 W. Hackley; Charlotte Tombari, 1469
Winchester; and Don Gilbert, 2496 Wickham.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 6:12 p.m. and create the special assessment district for
sidewalk replacement program 2005.
ROLL VOTE: Ayes: Warmington, Carter, Davis Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Create a Special Assessment District for Dale Avenue, Ruddiman Street
to McGraft Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Dale Ave., McGraft to Ruddiman Paving Project and to
create a special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project.
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 at 6:15 p.m. to hear and consider any comments
from the public. Mark Sanders, 1273 W. Dale, spoke in opposition of the project.
Motion by Commissioner Gawron, second by Commissioner Shepherd to close
the Public Hearing at 6:18 p.m. and create the special assessment district for
Dale Avenue, McGraft to Ruddiman.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Create a Special Assessment District for Evart Street, Allen Avenue to
Amity Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Evart St. between Allen & Amity Paving Project and to create
a 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 at 6:19 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:21 p.m. and create the special assessment district for Evart
Street, Allen to Amity.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-04 NEW BUSINESS:
A. FIRST READING – Rezoning request for property at 2111, 2123 and 2137
McCracken and also 2117 and 2125 Lakeshore Drive. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2111, 2123 and
2137 McCracken Street and also 2117 and 2125 Lakeshore Drive from R-1 Single
Family Residential to RM-1 Low Density Multiple-family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 12/16/04 meeting. Commissioners Spataro, Aslakson, Johnson,
Sartorius, Mazade, & Warmington voted for denial. Commissioners Michalski
voted against denial. T. Harryman and B. Smith were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with
staff recommendation to deny the request to rezone the property.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Resolution to Support the Muskegon County Grant Application for the
Downtown Muskegon Development Corporation. CITY MANAGER
SUMMARY OF REQUEST: To adopt a resolution to support Muskegon County’s
CDBG application to the State of Michigan to fund the public infrastructure for
the DMDC site. This funding is critical for the project to begin construction this
summer.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt
the resolution.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-05 ANY OTHER BUSINESS:
Commissioner Shepherd requested to have a resolution prepared and a gift
purchased for George Goodman who is retiring from the Michigan Municipal
League. Fellow commissioners agreed and Vice Mayor Larson announced that
he would make arrangements for the gift.
2005-06 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Spataro, second by Commissioner Carter to go into
Closed Session at 6:27 p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to go
back into Open Session at 6:45 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:46 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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