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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 8, 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, March 8,
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.
HONORS AND AWARDS: Mayor Warmington announced that City Manager
Bryon Mazade was awarded a Certificate of Special Recognition by the
Michigan Local Government Management Association.
2005-23 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, February 22, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Polling Place Change. CITY CLERK
SUMMARY OF REQUEST: To approve the request to modify the polling places as
follows:
Precinct # 2 change to Steele School, 1150 Amity Avenue.
Oakview School use to house both precinct 2 and 3 in their gym. Turnout at the
elections last year showed us that the location is too small for both precincts.
Precinct # 3 will stay at Oakview School and we are recommending the use of
Steele School for Precinct # 2.
Precinct # 8 change location to Nelson School, 550 W. Grand.
This precinct used to be at Craig School. Last year school officials informed us
that because of the type of student that attends the school, the election process
would be too distracting to students. We investigated other locations, but Nelson
has a large gym for our use with a door adjacent to the gym. There is parking
available close to the entrance to the polling place.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Approve the changes as recommended.
C. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting
permission to fly the Irish Flag outside City Hall on Thursday, March 17th through
Wednesday, March 23rd to celebrate St. Patrick’s Day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
D. SECOND READING: Zoning Ordinance Amendment for Residential
Design Criteria. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 of Article XXIII (General
Provisions) to amend the Residential Design Criteria language regarding
minimum storage space in multi-family dwelling units decreasing the minimum
required storage space from 15% to 10% in each multi-family dwelling unit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding residential design criteria language.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/10/05 meeting. B. Mazade, T. Johnson, S.
Warmington, T. Michalski, B. Turnquist, J. Aslakson, and L. Spataro voted in favor
of the change. B. Smith and T. Harryman were absent.
E. SECOND READING: Rezoning Request for Property Located at 1282
Arthur Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by the City of
Muskegon, located at 1282 Arthur Street, from RM-1, Low Density Multiple Family
Residential to R-1, Single Family Residential.
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 2/10/05 meeting. The vote was unanimous with
T. Harryman and B. Smith absent.
F. Additional Taxicabs. CITY CLERK
Withdrawn per request of applicant.
G. 2005 Bryne Memorial Grant (JAG) Program. PUBLIC SAFETY
SUMMARY OF REQUEST: Request that the City Manager and Director of Public
Safety be authorized to sign the Interlocal Agreement between the City of
Muskegon, City of Muskegon Heights and the County of Muskegon for a (Justice
Assistance Grant) Bryne Memorial Grant Application Number 2005-F1706-MI-DJ.
The City of Muskegon has not been designated a direct single award under the
(JAG) Bryne Memorial Grant for the 2005 Fiscal Year. However, an allocation
has been made for a Joint Application between the County of Muskegon, City
of Muskegon and the City of Muskegon Heights in the amount of $92,167.
FINANCIAL IMPACT: The City of Muskegon will not be responsible for any match
funds or outlays for this program. The Grant will provide $92,167 to fund an
assistant prosecutor position with the County Prosecutor’s Office and to reinstate
Project Cornerstone under the title of Project Cornerstone II.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends entering into the Interlocal
Agreement with the County of Muskegon and the City of Muskegon Heights.
Project Cornerstone has had a positive impact in a number of our higher crime
areas in the past. It allows for prosecutor’s office participation in curfew sweeps
and direct involvement with the neighborhoods and neighborhood
associations.
I. Public Service Building Modifications. PUBLIC WORKS
SUMMARY OF REQUEST: Phase one consists of one room being modified to
make two offices to accommodate a supervisor who is now working in a
temporary area. Phase two consists of constructing a new office to
accommodate the consolidation of the forestry department into the Public
Service Building.
FINANCIAL IMPACT: $17,052. $70,000 has been earmarked for capital needs at
the Public Service Building in 2005.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Recommend approval.
J. 2005 - 2006 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To adopt the 2005-2006 City Commission goals.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Vision, Value and Mission statements
and the 2005-2006 goals.
COMMITTEE RECOMMENDATION: The City Commission determined these goals
at their annual goal setting session on January 28, 2005.
K. Accept Resignations and Make Appointments to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation of Lynn Alrich Spearing from
the Equal Opportunity Committee and Eileen Allen from the Land Reutilization
Committee. To appoint Sue Thompson to the Historic District Commission;
Rebecca Flowers to the Leisure Services Board; Jodi McClain to the Land
Reutilization Committee; Trent Lidke to the Equal Opportunity Committee; and
David Wotli to the Local Development Finance Authority.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To accept resignations and make appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the acceptance of the resignations and appointments at their
March 7th meeting.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Consent Agenda with the exception of item H.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-24 ITEM REMOVED FROM THE CONSENT AGENDA:
H. Amend the Long Range Plan Submittal to Include the Downtown
Development Project. ENGINEERING
SUMMARY OF REQUEST: Authorization to submit the streets within the downtown
development project (Former Mall Area) to the West Michigan Shoreline
Regional Development Commission for inclusion in the Long Range Plan to
ensure eligibility for possible federal funding. The streets that were identified by
staff for inclusion are:
• Western Ave. between Terrace & Third
• Second St. between Morris & Clay
• First St. between Morris & Clay
• Jefferson/Market St. between Terrace & Clay
The resolution is required as part of the submittal to commit the local match if
project funding is granted.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the project submittal and resolution.
Motion by Commissioner Davis, second by Vice Mayor Larson to amend the
Long Range Plan Submittal to include the Downtown Development Project and
to amend the plan year to 2030 instead of 2025.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
2005-25 PUBLIC HEARINGS:
A. Request for the Establishment of an Industrial Development District –
Port City Industrial Finishing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Port
City Industrial Finishing, 1867 Huizenga Avenue, Muskegon, Michigan, has
requested the establishment of an Industrial Development District for property
located at 1867 Huizenga, Muskegon, Michigan. The project will result in
$250,000 in private investment.
FINANCIAL IMPACT: Certain property taxes will be collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
Development District for Port City Industrial Finishing.
The Public Hearing opened at 5:42 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Vice Mayor Larson to close the
Public Hearing at 5:43 p.m. and approve the resolution establishing the Industrial
Development District for Port City Industrial Finishing.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate – Port City
Industrial Finishing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Port
City Industrial Finishing, 1867 Huizenga Avenue, has requested the issuance of an
Industrial Facilities Exemption Certificate for the property located at 1867
Huizenga Street, Muskegon. The total capital investment is approximately
$250,000 in personal property. This request qualifies Port City Industrial Finishing
for a 6-year exemption for personal property. Port City Industrial Finishing’s
current workforce is 55.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six (6) years for personal property.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public
Hearing at 5:46 p.m. and approve the Industrial Facilities Exemption Certificate
for Port City Industrial Finishing.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
C. Create a Special Assessment District for Pine Street, Laketon to Dale.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Pine Street, Laketon to Dale, and to create the 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 5:46 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:49 p.m. and approve the Special Assessment District for Pine
Street, Laketon to Dale.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
Mayor Warmington and Commissioner Spataro were assigned to the Board of
Assessors.
D. Create a Special Assessment District for Fifth Street, Campus to Merrill.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Fifth Street, Campus to Merrill, and to create the 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 5:50 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Vice Mayor Larson, second by Commissioner Carter to close the
Public Hearing at 5:53 p.m. and create the Special Assessment District for Fifth
Street, Campus to Merrill.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
Commissioner Shepherd and Commissioner Gawron were assigned to the Board
of Assessors.
E. Taxicab Rates. CITY CLERK
SUMMARY OF REQUEST: We have received a request from Port City Cab and
Yellow Cab for an increase in Taxicab fares. The last time there was a change in
rates was November 10, 1998. The requested changes are as follows:
Current rates
Flag Drop: $1.65 (first 1/10 mile)
Each 1/10 Mile $ .15 ($1.50 per full mile)
Wait Time $12.00 per hour
Proposed rates
Flag Drop: $2.00 (first 1/7 mile)
Each 1/7 Mile $ .25 ($1.75 per full mile)
Wait Time $18.00 per hour
Out of town trips $2.00 per mile
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
The Public Hearing opened at 5:54 p.m. to hear and consider any comments
from the public. Comments for approval were heard from Craig Hall, 1776
Division and Nell Williams, 391 Amity.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to close the
Public Hearing at 5:57 p.m. and grant approval of the increase in taxicab fares.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
F. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinance for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 23,
2005, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments
from the public. Comments were heard from Sue Payne, 753 Ruddiman; and
Steve Seng, 3701 E. Broadway.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 6:05 p.m. and recommend the annual renewal of liquor
licenses with the exception of those listed.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-26 NEW BUSINESS:
A. User Fee Adjustment - Daily Launch Ramp Fees. FINANCE
SUMMARY OF REQUEST: Staff is recommending the following adjustment to the
2005 User Fee Schedule:
Creation of a new “Fishing Tournament Launch Ramp Fee” – 2005 user fees
approved last year included an increase in daily launch ramp fees from $5 to
$10. Interested parties have expressed concern that the increase may harm
sponsored fishing tournaments which bring substantial economic benefit to the
community. Staff concurs with this and recommends that a special tournament
fee category be established at $5 per day. Staff recommends keeping the
regular daily launch ramp fee at the $10 level. This will help cover operating
costs for the Marina and Launch Ramp fund. Also, we are trying to incentivize
boaters to purchase seasonal permits in lieu of daily permits because of the
enforcement problems that daily permits pose. Seasonal permit fees were not
increased for 2005. We have prepared a schedule showing how Muskegon’s
launch ramp fees compare with other communities. Although our fees are
higher than many other communities, staff believes the pricing is appropriate
due to the very high-quality of our facilities and boating opportunities.
FINANCIAL IMPACT: The impact of this adjustment on City revenues will be minor
and is offset by the overall local economic benefit that fishing tournaments
provide.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
user fee adjustment to the daily launch ramp fees.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Amendment to the Wastewater System’s Access Rights Agreement.
CITY MANAGER
SUMMARY OF REQUEST: To approve the first amendment to the wastewater
system’s Access Rights Agreement. This amendment would eliminate the “buy-
in” requirements of the Access Rights Agreement.
FINANCIAL IMPACT: None anticipated.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the amendment to the wastewater system’s Access Rights Agreement.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
C. Consideration of Bids - Walton Ave., Murphy to Emerald. ENGINEERING
SUMMARY OF REQUEST: The paving as well as underground utility upgrade
contract (H-1603) on Walton Avenue between Murphy St. & Emerald St. be
awarded to Schultz Excavating, Inc. out of Ludington, MI. Schultz Excavating,
Inc. was the lowest responsible bidder with a bid price of $141,571.45.
FINANCIAL IMPACT: The construction cost $141,571.45 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Vice Mayor Larson, second by Commissioner Carter to award the bid
to the second lowest bidder which is Jackson-Merkey.
ROLL VOTE: Ayes: Shepherd, Warmington, Carter, and Larson
Nays: Spataro, Davis, and Gawron
MOTION PASSES
D. Liquor License Request - GFB, L.L.C., 1920 Lakeshore. CITY CLERK
SUMMARY OF REQUEST: The liquor license transfer request was approved by the
City Commission on June 22, 2004, pending final inspection. The Liquor Control
Commission is requiring an “unconditional” resolution in order for this to go
forward.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the liquor license request for GFB, L.L.C., 1920 Lakeshore.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
E. Approval of Sale of Property: City of Muskegon Assessors Plat of
Stevens Sub Division Lot 7 & East 10 Feet Lot 6. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of the parcel described as City of
Muskegon Assessors Plat of Stevens Sub Division Lot 7 & East 10 Feet Lot 6 to
Trinity Nonprofit Housing Development for one dollar ($1.00). Two years ago CNS
office obtained the tax reverted home from the State of Michigan. CNS
demolished the blighted structure that was on the site. The City intends to quit
claim the parcel to Trinity in order to assist the nonprofit in building a single family
home on the site that will eliminate a financial liability of Trinity’s to the City of
Muskegon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the quit claim of the property to Trinity
Housing.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the sale of property City of Muskegon Assessors Plat of Stevens Sub Division Lot 7
and East 10 Feet Lot 6 to Trinity Housing Development.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
F. 2005-2006 CDBG/HOME Preliminary Funding Allocations. COMMUNITY
& NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the allocation recommendation of the City’s
administration and the Citizen’s District Council for the 2005-2006 fiscal year.
After accepting the recommended allocations, the Commission is requested to
make its preliminary allocation recommendation in order so the CNS office can
continue the Consolidated Plan process. The CNS office will conduct a public
hearing on April 12, 2005. At that time the Commission will be asked to make
their final allocations decision and to direct staff to submit the required
information to the U. S. Department of Housing and Urban Development.
FINANCIAL IMPACT: Will determine the CDBG/HOME allocation for the 2005-
2006 fiscal year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To accept the recommendation of the City of
Muskegon Administration and the Citizen’s District Council and then make the
Commissions preliminary allocation decision.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the CDBG preliminary funding allocations submitted by the Muskegon
administration less the funds for the Community Based Organizations and to not
go above the mandated 15% of the fund and for the remainder to be split
proportionately between the two CHDOS.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
G. Consideration of Proposals for Construction Engineering Services on
Shoreline Drive Phase II (First to Webster). ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with a consulting firm to provide complete construction engineering
services on the second phase of Shoreline Drive between First & Webster Ave. A
recommendation along with backup information will be presented at or before
the work session of March 7, 2005. This request is being presented to you in this
fashion due to lack of available time since construction is scheduled to begin
later this month and approval from MDOT to hire a consulting firm was not
granted until February 25, 2005.
FINANCIAL IMPACT: The cost for the engineering services would be from the
MDOT grant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommendation will be presented at or
before the work session meeting of March 7th.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the consideration of proposals for construction engineering services on Shoreline
Drive Phase II (First to Webster) as recommended by staff.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-27 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Gawron, second by Commissioner Shepherd to go into
Closed Session at 7:25 p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to come
out of Closed Session at 7:56 p.m.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to concur
with the City Attorney’s recommendation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission adjourned at 7:58 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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