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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 27, 2004
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 27, 2004.
Mayor Warmington opened the meeting with a prayer from City Treasurer
Derrick Smith 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.
2004-65 HONORS AND AWARDS: Michigan Section America Water Works
Association: Regional Taste off Winner
2004-66 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, July 12, 2004; and the Regular Commission Meeting
that was held on Tuesday, July 13, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. FIRST READING: Rezoning Request for Properties Located at 692 and
706 W. Hackley. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 692 and 706 W.
Hackley, from R-1, Single Family Residential to either B-2, Convenience and
Comparison Business or B-4 General Business.
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 to rezone the
properties to B-2, Convenience and Comparison Business at the 7/15 meeting.
The vote was unanimous with S. Warmington and J Aslakson absent.
C. Selection of Siding Contractors for Fiscal Year 2004 – 2005.
COMMUNITY & NEIGHBORHOOD SERVICE
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Lewis E. Johnson, 16076 Bonita Ct, Grand Haven, Cutting
Edge Construction, 975 Washington, Muskegon and Gawlik Construction, 2084
Mary, Muskegon to install vinyl siding at an agreed price of $70.00 (Seventy
dollars) per building square for the siding program, 2004 - 2005 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2004-2005 CDBG Siding
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Consent Agenda with the exception of item d.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-67 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Selection of Siding Supplier for Fiscal Year 2004 - 2005. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
Department selection of the vinyl siding supplier for fiscal year 2004 - 2005. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey, Muskegon for the price of $38.94 (Thirty-eight
dollars and ninety-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 Siding Fund.
BUDGET ACTION REQUIRED: None required at this time.
STAFF RECOMMENDATION: To approve the request
Motion by Commissioner Spataro, second by Commissioner Carter to approve
Premier Building Supplies as the supplier for vinyl siding for fiscal year 2004 –
2005.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
2004-68 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Walnut Street, Wilcox to
Thompson. EGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Walnut St., Wilcox to Thompson, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $12,641.10 would be spread against the thirteen
(13) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:39 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:40 p.m. and approve the special assessment roll for Walnut
Street, Wilcox to Thompson, and adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Sherman Blvd., Lincoln to
Beach. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Sherman Blvd., Lincoln to Beach and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $38,155.33 would be spread against the eighteen
(18) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. Comments were heard from Ann Harker, 2432 Sherman; Dottie
Kamp, 2494 W. Sherman; and a letter was received from Melvin Omstott, 2442
Sherman.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:47 p.m. and approve the special assessment roll for Sherman
Blvd., Lincoln to Beach and adopt the resolution.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Torrent Street, Sherman to
Letart. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Torrent St., Letart Ave. To Sherman Blvd, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $11,572.54 would be spread against the four (4)
parcels abutting the project.
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. 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 roll for Torrent
Street, Sherman to Letart and adopt the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
D. Spreading of the Special Assessment Roll for Austin, Barney to Delano.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Austin, Barney to Delano, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $54,002.10 would be spread against the forty-
seven (47) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. Comments were heard from Dan Mangione, representative
from Westwood LLC, at 2174 Austin.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:53 and approve the special assessment roll for Austin, Barney
to Delano and adopt the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
2004-69 UNFINISHED BUSINESS:
A. Amendment to Brownfield Plan – Art Works Apartments. 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 Boiler Works, 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
an Art Works space (with residential and gallery space) 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 July 13, 2004, at their June 22, 2004 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 June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to amend the
Brownfield Plan to include the property owned by Boiler Works, LLC.
ROLL VOTE: Ayes: Warmington, Carter, Larson, Shepherd
Nays: Davis, Gawron, Spataro
MOTION PASSES
2004-70 NEW BUSINESS:
A. Steps to Reduce Outstanding Accounts Receivable. FINANCE
SUMMARY OF REQUEST: Staff is proposing several steps to deal with unpaid
account receivable balances including: 1) an amnesty program to run from July
28th through September 17th during which time persons having delinquent
accounts will have a one-time opportunity to bring them current without penalty
or interest, 2) outsource billing for the environmental program to Paramount
Collections, 3) set a standard 30-day A/R appeal period and, 4) amend the fee
schedule for newly issued environmental invoices and building demolition
invoices to allow a 30% discount if paid within 30 days.
FINANCIAL IMPACT: These steps are intended to bring down outstanding A/R
balances prior to year-end. Tighter accounting standards allow us to recognize
only a portion of our total A/R balance at year-end. This will negatively impact
the general fund fund balance and we are attempting to minimize the effect.
BUDGET ACTION REQUIRED: None at this time. Depending on the success of
these steps, the budget at year-end will need to be adjusted to some degree
due to the tighter standards.
STAFF RECOMMENDATION: Staff recommends the commission adopt a
motion/resolution approving the above A/R initiatives.
COMMITTEE RECOMMENDATION: There is no committee recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
accounts receivable initiatives.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
B. Designation of Voting Delegate and Alternate Voting Delegate for MML
Annual Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Carter to designate
Commissioner Shepherd as the voting delegate and City Clerk Gail Kundinger
as the alternate for the MML Annual Meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
C. FIRST READING: Zoning Ordinance Amendment for Alcohol Sales.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 401 of Article IV (R-1, Single
Family Residential); Section 601 of Article VI (RT, Two Family Residential); Section
701 of Article VII (RM-1, Low Density Multiple-Family Residential); Section 801 of
Article VIII (RM-2, Medium Density Multiple-Family Residential); Section 901 of
Article IX (RM-3, High Density Multiple-Family Residential) to amend the Special
Land Use language in regards to permit uses serving and selling alcohol.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding alcohol sales.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/15 meeting. T. Harryman, B. Mazade, P.
Sartorius, T. Johnson, T. Michalski, and L. Spataro voted in favor of the change.
B. Smith voted against. S. Warmington and J. Aslakson were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to amend the
zoning ordinance language regarding alcohol sales.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
D. Rezoning Request for Property Located at 407 Marquette Avenue (SE
corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 407 Marquette
Ave., at the SE corner of Marquette Ave. and Wood St., from R-1, Single-Family
Residential to B-1 Limited Business.
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 and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 6/10 meeting. Commissioners S. Warmington and B. Smith voted
against denial. Commissioner B. Mazade was absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with staff recommendation to deny the request to rezone property located at
407 Marquette.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron
Nays: Larson
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Larson to waive the
fee for the Public Hearing for special use permit for 407 Marquette.
ROLL VOTE: Ayes: Spataro Warmington, Carter, Davis, Gawron, Larson
Nays: Shepherd
MOTION PASSES
2004-71 ANY OTHER BUSINESS:
Motion by Commissioner Carter, second by Vice Mayor Larson to approve $285
coming out of Mayor Warmington’s travel to pay Commissioner Shepherd’s MML
registration.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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