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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 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, November
23, 2004.
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
2004-100 HONORS AND AWARDS:
A. Police Citizen Award. PUBLIC SAFETY
Mark DeWitt was presented an award by Tony Kleibecker.
2004-101 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee that was held on Monday, November 1, 2004; and the Regular
Commission Meeting that was held on Tuesday, November 9, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Agreement - State of Michigan - Surplus Military Equipment. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission’s
authorization to enter into an agreement with the State of Michigan (Michigan
National Guard) which would allow for the Police Department to apply for
excess military surplus equipment. Such action is provided for by the 1996-1997
National Defense Authorization Act. This agreement would provide the
Department with the opportunity to procure equipment as needed at no cost to
the City. The City Attorney has reviewed the agreement and states that it is
legally acceptable.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
C. Renewal of Contract – Pagers – Verizon Wireless. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety Division staff request that the Commission
consider our request to renew our contract for paging service with Verizon
Wireless. Verizon currently provides paging service for fire and public works on-
call personnel. The service is used to disseminate emergency messages and for
staff call-back for emergencies.
Staff sought estimates from the two, viable paging services in our area: Verizon
and SBC. SBC failed to submit an estimate. Verizon has agreed to reduce our
per unit monthly rate from $6.25 per month per unit to $5.95 per unit. The
agreement calls for Verizon to provide 71 pagers.
FINANCIAL IMPACT: This cost is provided for in the 2004 and 2005 budgets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
D. Consideration of Bids – Forest Lift Station (S-593). ENGINEERING
SUMMARY OF REQUEST: The contract to refurbish the Forest Ave. lift station (new
pumps and accessories) be awarded to Jackson Merkey Contractors of
Muskegon since they were the lowest responsible bidder, with a bid price of
$89,240.
FINANCIAL IMPACT: The construction cost of $89,240 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey.
E. Stay Active Muskegon (S.A.M.). PLANNING & ECONOMIC
DEVELOPMENT/LEISURE SERVICES
SUMMARY OF REQUEST: Stay Active Muskegon has been meeting as a
committee for over a year. Both the Leisure Services and Planning Departments
have been involved with their activities. All municipalities in the County of
Muskegon are being asked to pledge their support to this important venture.
S.A.M. has also begun approaching major industries in the County, requesting
the same type of support. The City Commission is asked to approve the
resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION RQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
F. Additional Taxicab License. CITY CLERK
SUMMARY OF REQUEST: Thomas Wakefield’s current license is for 11 taxicabs,
and he is requesting approval of an additional taxicab.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2004-102 NEW BUSINESS:
A. Agreement Between Nutritional Services for Older Americans, Inc.
(NSOA) and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends that the Mayor signs a one-year
agreement with Nutritional Services for Older American, Inc. for the use of the
Community Buildings at Smith Ryerson and McGraft Park. The agreement calls
for the City to provide NSOA with the amount of $8,317 for support staff time to
offer recreation and wellness services for seniors at McGraft park. NSOA will in
turn pay the monthly fee of $100 and $200 respectively for the use of each
facility.
Please note that over the years these agreements have been two-year
agreements. However, giving our current review of the department’s facilities
and operations to better determine future directions, a one-year agreement is
recommended at this time.
FINANCIAL IMPACT: McGraft Park: $8,317.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommend approval.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
agreements for the use of Smith Ryerson and McGraft Park Community Buildings.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Interfund Transfer for Arena Improvements. FINANCE
SUMMARY OF REQUEST: Previously the City Commission authorized energy-
related improvement projects at the LC Walker Arena. This work is now
complete and the final project cost is $254,000. At the time the project was
approved, it was determined that due to the relatively small size, it was not
worth incurring issuance costs associated with borrowing from outside sources.
Accordingly, staff recommends that $254,000 be transferred from the City’s
General Insurance Fund to the LC Walker Arena fund to cover project costs. The
funds will be repaid over a 10-year period with interest (2.0%).
FINANCIAL IMPACT: Monthly payments in the amount of $2,337.14 will be made
from the LC Walker Fund to the General Insurance fund commencing
December 1, 2004. Energy savings resulting from the improvements are
anticipated to largely fund this cost.
BUDGET ACTION REQUIRED: The repayment is included in the 2005 budget and
will need to be included in future year’s budgets as well.
STAFF RECOMMENDATION: Approval of interfund transfer.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
interfund transfer.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Lease with the Great Lakes Naval Memorial and Museum. CITY
MANAGER
SUMMARY OF REQUEST: To approve a lease with the Great Lakes Naval
Memorial and Museum for property located at the Muskegon Channel. The
lease is for 30 years to develop a museum and the display of the U.S.S. Silversides
and museum artifacts.
FINANCIAL IMPACT: Rent is $15,000 + per year once the museum is built.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the lease.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
lease with Great Lakes Naval Memorial and Museum.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
D. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Rich Construction, P.O.
Box 125, Fremont, Michigan, who submitted the lowest bid for the first phase of
construction for three homes on Walton Street for the aggregate price $352,214.
The name of the project is Walton Street Renaissance AKA Hilltop View. The CNS
Department received four other bids:
Bantam Group $365,110
962 Stonewood
Spring Lake, MI
Paul Witek Builders $367,320
766 Snaedle Drive
Whitehall, MI
TopNotch Design $386,250
4740 Jensen
Fruitport, MI
Wasco/Briggs Enterprise $481,662
525 Dangl Road
Muskegon, MI
This project is a joint venture between the City of Muskegon Community and
Neighborhood Services, Neighborhood Investment Corporation and Fifth Third
Bank.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s 2003
HOME funds, Neighborhood Investment funds and funds allocated by Fifth Third
Bank. The City of Muskegon contribution will be $285,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract with the fore-mentioned
contractor and direct the Mayor and Clerk to sign the contract.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the contract with Rich Construction.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
E. Purchase of 1983 Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1983 Hoyt from the U.S.
Dept. of HUD for $1.00 through its Good Neighbor program. In which, a
municipality can purchase a home for one dollar, if a property is on the market
for more than six months. After 1983 Hoyt is obtained, the City will totally
rehabilitate the structure and sell it to a qualified family continuing the City’s
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from CNS program income fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to purchase the home for
one dollar.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the purchase of 1983 Hoyt for $1.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
F. Approval of Certificate of Recognition for Muskegon High School Big
Reds Football Team. CITY CLERK
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
G. Approval of Certificate of Recognition for the Orchard View Cardinals
Football Team. CITY CLERK
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
H. Former Lakos Property. COMMISSIONER DAVIS
Motion by Commissioner Spataro, second by Vice Mayor Larson to suspend
action on previous action taken and refer matter to staff with report within 120
days on a plan to build on property.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2004-103 ANY OTHER BUSINESS:
A. ’05-’06 Goal Setting Session. MAYOR WARMINGTON
Item will be placed on the next Worksession Agenda.
2004-104 PUBLIC PARTICIPATION:
Motion by Commissioner Davis, second by Vice Mayor Larson to amend normal
procedure reference demolition of 527 W. Webster and waive the $5,000 fee.
ROLL VOTE: Ayes: Davis, Larson, and Warmington
Nays: Carter, Gawron, Shepherd, and Spataro
MOTION FAILS
The City Commission Meeting adjourned at 6:50 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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