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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 26, 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, July 26, 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
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-65 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 11th Community
Relations Committee Meeting and Worksession Meeting, and the July 12th
Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Transfer Request - TPWS, Inc., 157 S Getty. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc. (Pat’s Roadhouse) to transfer
ownership of the 2004 Class C-SDM licensed business with dance-entertainment
permit, outdoor service (1 area), and two bars, located at 157 S. Getty, from BC
Acquisition Company, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval of the
request.
C. Budgeted Vehicle Replacement – Wheel Loader. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 721D wheeled loader from
West Michigan Power.
FINANCIAL IMPACT: Cost $119,500 less $53,000 for the sale of our old unit. Total
cost of $66,500.
BUDGET ACTION REQUIRED: None. There is $85,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 721D wheeled
loader from West Michigan Power.
E. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: Parsons on behalf of ExxonMobil Oil Corporation has
filed the encroachment agreement form to install nine monitoring wells in the
public right of way at the following locations:
1. Alley between Miner Avenue and Harrison Avenue located immediately
east of McCracken Street (cluster of 3 wells).
2. Alley between Morton Avenue and Miner Avenue located immediately
east of Moon Street (cluster of 3 wells).
3. Alley between Harrison Avenue and Lakeshore Drive located immediately
west of Moon Street (cluster of 3 wells).
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.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the Consent Agenda as read with the exception of item D.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-66 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Rezoning Request for Properties Located at 2360 S. Getty Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 2360 S. Getty
Street, from B-4, General Business to I-2, General Industrial.
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 July 14, 2005, meeting. The vote was unanimous
in favor of the request with S. Warmington and B. Smith absent.
Motion by Commissioner Davis, second by Vice Mayor Larson to approve the
rezoning request for property located at 2360 S. Getty Street from B-4 General
Business to I-2 General Industrial.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-67 PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Hairitage Properties LLC, Muskegon, Michigan, has requested the
establishment of an Obsolete Property District. The district would be located at
164 W. Muskegon, Muskegon, MI. Total capital investment for this project is
$200,000. The project will result in the creation of 15 new jobs in the City.
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: Approval of the resolution establishing an Obsolete
Property District for 164 W. Muskegon, Muskegon, MI.
The Public Hearing opened at 5:41 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 5:45 p.m. and establish an Obsolete Property District at 164
W. Muskegon.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
B. Request to Issue an Obsolete Property Certificate - 164 W. Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Hairitage Properties LLC, 164 W. Muskegon, Muskegon, Michigan, has
requested the issuance of an Obsolete Property Certificate for the property
located at 164 W. Muskegon, Muskegon, MI. The building will be rehabilitated to
house a day spa/nail salon. Total capital investment for this project is $200,000.
The project will result in the creation of 15 new jobs in the City. Because of these
new jobs, the applicant is eligible for a 10 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: Approval of the resolution issuing an Obsolete
Property Certificate for 164 W. Muskegon, Muskegon, MI.
The Public Hearing opened at 5:46 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing at 5:47 p.m. and issue an Obsolete Property Certificate for 164
W. Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll: 2005 Sidewalk Program (W-
6) & 1114 Wood Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for the 2005 Sidewalk Replacement Program and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $140,723.32 will be assessed against 206 parcels.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. Patsy Homan, 2055 Crowley, spoke in opposition of the special
assessment.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:52 p.m. and approve the spreading of the special
assessment roll for the 2005 Sidewalk Replacement Program and 1114 Wood
Street.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2005-68 COMMUNICATIONS: Great Lakes Naval Memorial and Museum
request for letter of support for building of new museum in Muskegon.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to instruct the
City Manager to send a letter of support to Great Lakes Naval Memorial and
Museum.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2005-69 NEW BUSINESS:
A. Request to Pay Police Officers’ Legal Fees. CITY MANAGER
SUMMARY OF REQUEST: Police Officers Pete Boterenbrood and John Corrigan
have requested that the City reimburse them for legal fees resulting from
criminal charges in April, 2003.
FINANCIAL IMPACT: $5,187.30
BUDGET ACTION REQUIRED: An adjustment to the 2005 General Fund would be
required.
STAFF RECOMMENDATION: To deny the request.
Motion by Vice Mayor Larson, second by Commissioner Davis to reimburse
Police Officers Pete Boterenbrood and John Corrigan for legal fees resulting from
criminal charges in April, 2003.
ROLL VOTE: Ayes: Carter, Davis, Larson, Shepherd, and Warmington
Nays: Gawron and Spataro
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to request
the City Attorney to investigate the bills to be submitted to make sure they
pertain to the criminal matter only.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: Larson
MOTIONPASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to ask for
release of all claims.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Purchase Agreement Between the City of Muskegon and the
Downtown Muskegon Development Corporation for Downtown
Redevelopment Right-of-Way. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Downtown Muskegon Development Corporation
will sell the necessary right-of-way for infrastructure improvements for Western
Avenue and First Street. The appraisal for the property was $475,000. The
Downtown Muskegon Development Corporation has agreed to sell it for
$450,000 and donate the remaining amount. The Purchase Agreement contains
a Donation Agreement.
FINANCIAL IMPACT: The purchase price is $450,000. The City will be using Urban
Land Assembly (ULA) funds for the acquisition. These funds will be reimbursed to
the State of Michigan through Brownfield Tax Increment Financing Tax capture.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize
the Mayor and Clerk to sign the documents necessary to acquire the property
for City right-of-way.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
Purchase Agreement between the City of Muskegon and the Downtown
Muskegon Development Corporation for downtown redevelopment right-of-
way.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
C. Development and Reimbursement Agreement Between the City of
Muskegon, the Brownfield Redevelopment Authority and the Downtown
Muskegon Development Corporation. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Development and Reimbursement Agreement
outlines the responsibilities of each party in regards to the redevelopment of the
former Muskegon Mall site. The signed document is required for the Brownfield
Work Plan, which will be reviewed by the Michigan Economic Development
Corporation on August 1, 2005.
FINANCIAL IMPACT: These impacts are included in the Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development and Reimbursement
Agreement and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Board will
meet on July 26 to consider approval of the document.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to table and
put on the agenda for the Legislative Policy Committee Meeting on Thursday,
July 28th.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
D. Selection of Siding Supplier for Fiscal Year 2005-2006. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
Department selection of the vinyl siding supplier for fiscal year 2005-2006. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey, Muskegon, for the price of $37.65 per
building square for white and $39.94 per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2005-2006 siding fund.
BUDGET ACTION REQUIRED: None required at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
Premier Building Supplies as the siding supplier for fiscal year 2005-2006.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
E. Selection of Siding Contractors for Fiscal Year 2005-2006. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Cutting Edge Construction, 975 Washington, Muskegon, and
Gawlik Construction, 2084 Mary, Muskegon, to install vinyl siding at an agreed
price of $70 per building square for the siding program, 2005-2006 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2005-2006 CDBG Siding
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the siding program was
approved by the Commission during the 2005-2006 allocation period last April.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve Cutting Edge Construction and Gawlik Construction as siding
contractors for fiscal year 2005-2006.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
F. Authorization to Negotiate Construction Contract for the Mall Re-
Development Project. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to negotiate with Milbocker & Sons, the
lowest responsible bidder, a construction contract to construct the infrastructure
within the referenced development without the snowmelt system and related
items from the bids which were received on the 8th of July, 2005. The removal of
that system will result in a base bid reduction of $821,082.40 plus a possible
reduction in the unit process of other items within the contract that maybe
impacted by the snowmelt system. If authorized, staff’s recommendation and
final numbers will be brought to the Commission at a later date for a decision.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to negotiate with Milbocker and Sons
since they were the lowest responsible bidder with or without the snowmelt
system.
Motion by Commissioner Spataro, second by Commissioner Carter to authorize
staff to negotiate the construction contract for the Mall Re-Development Project
with Milbocker & Sons, the lowest responsible bidder.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: Warmington
MOTION PASSES
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 227 Southern and 1538 Hudson. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that these structures are unsafe,
substandard, public nuisances and that they be demolished within thirty 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.
1. 227 Southern
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish 227 Southern.
Motion and second amended to delay enforcement action for 60 days.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2. 1538 Hudson (Area 12)
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 Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 1538 Hudson.
Motion and second amended to table to the August 23rd meeting contingent
upon allowing City staff access to the interior for inspection.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 7:29 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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