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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 8, 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, June 8, 2004.
Mayor Warmington opened the meeting with a prayer from Pastor Bob
Rogers of the Oak Crest Church of God 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, Commissioners
Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd,
and City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger.
2004-53 INTRODUCTIONS/PRESENTATION:
A. Introduction of Summer Interns. AFFIRMATIVE ACTION
Ken James, Affirmative Action Director, introduced the summer interns.
2004-54 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, May 25, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display – Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit at the Muskegon Country Club, 2801 Lakeshore Drive for
July 4th. Fire Marshall Metcalf will inspect the fireworks.
FINACIAL IMPACT: None
BUDBET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Fireworks Display – Muskegon Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting
approval of a fireworks display permit for June 26th and 29th, and July 1st and 4th.
Fire Marshall Metcalf will inspect the fireworks.
FINACIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Housing Commission Appointment – Jerry Lottie. CITY MANAGER
SUMMARY OF REQUEST: To appoint Jerry Lottie to fill the unexpired term of
Reverend Kirksey (deceased).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the appointment.
E. Sale of Non-Buildable Lot at 1164 Ambrosia Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-249-0003-00) at 1164 Ambrosia Street to Marge Stafford, owner
of 1160 Ambrosia Street, Muskegon, MI. Approval of this sale will allow the owner
to expand her current yard. Since the RT-Two Family Residential zoning requires
75 ft. of frontage, it would not be possible for the adjacent property owner to
have a buildable lot if we were to offer this lot to them. Therefore, the lot is
being offered to Ms. Stafford for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deed.
F. City-MDOT Agreement for McCracken St., Sherman Blvd. to Lakeshore
Drive. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of McCracken St. from Sherman Blvd. to Lakeshore Dr. and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT’S participation is estimated a $552,354 but not to
exceed 81.85% of eligible cost. The estimated total construction cost (without
engineering) of the project, including the non-participating items of watermain
& sanitary sewer, is $1,180,200.
BUDGET ACTION REQURIED: None at this time. The City’s share of the cost will
come out of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
G. Community Relation Appointments. CITY CLERK
SUMMARY OF REQUEST: To approve the appointment of Aime Brown to the
Historic District Commission replacing Lois Cole, and reappoint Barbara
VanFossen to the District Library Board.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended approval at their June 7th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
Consent Agenda.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2004-55 NEW BUSINESS:
A. DNR Harbors and Docks-Mooring Construction Agreement. LEISURE
SERVICES
SUMMARY OF REQUEST: To approve the agreement with the Department of
Natural Resources (DNR) for construction and improvements at Hartshorn
Municipal Marina.
FINANCIAL IMPACT: $2,000,000 with the MDNR providing $1,000,000 as a 50%
match.
BUDGET ACTION REQUIRED: Match will need to be provided by either a bond or
loan to be paid off by the marina.
STAFF RECOMMENDATION: Approve.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
agreement.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
B. Liquor License Request – Polly Anna’s Whole Foods. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Polly Anna’s Whole Foods of 1848 E.
Sherman Blvd. for a new SDM licensed business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
request for a new SDM license.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
C. FIRST READING: Illicit Discharge and Connection Ordinance. PUBLIC
WORKS
SUMMARY OF REQUEST: The City’s permit (Certificate of Coverage) to discharge
storm water to waters of the state requires the adoption of an ordinance to
prohibit illicit connections of non-storm water to the municipal storm water
collection system. The ordinance is recommended by our consultant, FTCH, and
has been reviewed and approved as corrected by the City Attorney.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None. Expenses are budgeted under the Storm
Water Budget.
STAFF RECOMMENDATION: To approve the adoption of the Illicit Discharge and
Connection Ordinance.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
adoption of the Illicit Discharge and Connection Ordinance.
ROLL VOTE: Ayes: Gawron, Larson, shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
D. Purchase of 510 Creston. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property located at
510 Creston (City of Muskegon Urban Renewal Plat number 2 Lot 349) from the
U.S. Department of Housing and Urban Development for the amount of $16,500.
If approved, CNS will solicit bids to rehabilitate the structure at 510 Creston and
later sell the totally rehabilitated home to a qualified low/moderate-income
family, which will continue the City's neighborhood revitalization efforts by
returning once blighted homes to the tax roll and eliminating their blighting
influence on their specific neighborhood.
FINACIAL IMPACT: Funding for the purchase and rehabilitation will be deducted
from the City’s 2002 HOME funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None.
Motion by Commissioner Carter, second by Commissioner Gawron to approve
the purchase of 510 Creston.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
E. Approval of 2004-2005 Subrecipient and Community Housing
Development Organization (CHDO) Agreements. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign all of the 2004-
2005 approved agreements for the City’s subrecipients and Coho’s. The City
Commission approved the funding for each of the nonprofits last spring during
the City’s Consolidated Planning process. After the Mayor and Clerk sign the
contracts, the CNS office will retain one copy for their files and a copy will be
supplied to the appropriate nonprofit for their records.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 CDBG and
HOME programs.
BUDGET ACTION REQUIRED: None. The City Commission made budgeting
decision last spring.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign agreements.
Motion by Commissioner Spataro, second by Commissioner Carter to direct
Mayor and Clerk to sign agreements.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
F. Seaway Industrial Park Easements. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to record or cause the recording of three
public utility easement within the area know as the Seaway Industrial Park as
shown and described on the survey document. The easements are for existing
utilities and are necessary to insure proper documentation to establish such
utilities ahead of any real estate transaction. The three easements are
1. A 33’ for WM along the west side of parcel A for an existing 36” WM
2. The NW part of parcel A for a water & sewer service
3. A 50’ storm sewer easement for the old Rudiment
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the recording of utility easements.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the recording of the utility easements.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
G. Shoreline Drive East – Agreement with Consumer Energy to Provide
Power. ENGINEERING
STAFF REQUESTED THIS ITEM BE REMOVED.
H. MCACA Grant Application. CITY MANAGER
SUMMARY OF REQUEST: To authorize applying for a MCACA grant on behalf of
the Frauenthal Center for the Performing Arts for capital improvements to the Hilt
Building.
FINANCIAL IMPACT: None. The community Foundation will be responsible for the
grant match.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the application.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Shepherd to
authorize applying for the MCACA grant.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
I. Boilerworks Project. CITY MANAGER
SUMMARY OF REQUEST: To authorize staff to work with HDC Companies to
designate the Boilerworks property (including the “yellow building”) as a historic
district and include it in the City’s Brownfield Plan (including a letter of support).
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: None
Motion by Vice Mayor Larson, second by Commissioner Shepherd to authorize
staff to work with HDC Companies to designate the Boilerworks property as a
historic district and include it in the City’s Brownfield Plan.
ROLL VOTE: Ayes: Carter, Larson, Shepherd, Warmington
Nays: Davis, Gawron, Spataro
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon adjourned at 5:58
p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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