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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 26, 2011
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, MI at 5:30 p.m., Tuesday, July 26, 2011.
Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear
from the Lakeside Baptist Church 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 Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Sue Wierengo (excused).
2011-51 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 11th Commission
Worksession Meeting and the July 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Switchgear Upgrade Engineering Proposal. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Tetra-
Tech to provide the necessary engineering design, bidding assistance and start-
up construction assistance to replace the existing 1972 pump station switchgear
for $24,950 since they were the design engineer for the entire facility back in
2004.
FINANCIAL IMPACT: This upgrade was budgeted at $175,000 which includes
engineering services.
BUDGET ACTION REQUIRED: None at this time.
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STAFF RECOMMENDATION: Authorize staff to enter into an engineering service
agreement with Tetra-Tech for $24,950 as per the proposal.
C. Muskegon County Mutual Police Assistance Agreement. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the
Commission approve the Muskegon County Mutual Police Assistance
Agreement. This agreement will provide for supplemental police service from
other law enforcement agencies in the County in the event of an emergent
need or large scale incident. This document updates the current agreement
which was approved by this body some years ago.
The agreement includes all ten law enforcement agencies in the County.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
D. Encroachment Ordinance Amendment. CITY CLERK
SUMMARY OF REQUEST: This request is to amend Chapter 74, Article V of the
Code of Ordinances by adding sections 74-200 through 74-214.
Under the proposed ordinance, all encroachments will expire August 31, 2011,
and will require renewal on or before September 1st of each year.
FINANCIAL IMPACT: New proposed fees are $25 if an annual inspection is not
required and a $50 fee if an annual inspection is required.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance amendment.
(Requires Second Reading)
E. Resolution Authorizing Issuance of Municipal Security with a Grant with
Fifth Third Bank. FINANCE
SUMMARY OF REQUEST: As discussed in a recent Worksession meeting, the
Finance Director has been able to negotiate a $2,000,000 loan for the purpose
of paying the City’s local match of federal and state grants for street
improvements at a fixed rate of 2.98% interest rate over a ten-year period of
time.
FINANCIAL IMPACT: As described above.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to proceed with the loan as
described.
Motion by Commissioner Carter, second by Vice Mayor Gawron to
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approve the Consent Agenda as read.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2011-52 NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 468 W. Forest. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Ms. Julia A. Johnson for the totally rehabilitated home at 468 W. Forest Avenue,
which is part of the City’s Neighborhood Stabilization Program through the
Michigan State Housing Development Authority Office of Community
Development. Ms. Johnson’s purchase price is $52,000. The beautiful three-
bedroom, two and a half-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the sale of the City-owned home at 468 W. Forest.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and
Wisneski
Nays: None
MOTION PASSES
B. Approval of Sale of City-Owned Home at 1080 E. Laketon.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Mr. Thomas Grosswiler for the totally rehabilitated home at 1080 E. Laketon
Avenue, which is part of the City’s Neighborhood Stabilization Program through
the Michigan State Housing Development Authority Office of Community
Development. Mr. Grosswiler’s purchase price is $39,900. The beautiful two-
bedroom, one-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
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rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the sale of the City-owned home at 1080 E. Laketon.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wisneski, and
Carter
Nays: None
MOTION PASSES
C. Approval of Sale of City-Owned Home at 1644 Division. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Mr. Allen Serio for the totally rehabilitated home at 1644 Division Street, which is
part of the City’s Neighborhood Stabilization Program through the Michigan
State Housing Development Authority Office of Community Development. Mr.
Serio’s purchase price is $50,000. The beautiful three-bedroom, one and a half-
bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sale of the City-owned home at 1644 Division.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wisneski, Carter, and
Gawron
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 407 Marquette. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 407
Marquette Avenue (commercial) is unsafe, substandard, a public nuisance
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and that it be demolished within 30 days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
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 Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 407 Marquette.
Motion by Commissioner Spataro, second by Commissioner Shepherd to table
action to the second meeting in September.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Gawron, and Shepherd
Nays: Wisneski
MOTION TO TABLE PASSES
E. Encroachment Agreement – 1991 Lakeshore Drive, Suite B, Muskegon
MI 49441
SUMMARY OF REQUEST: Joe Booker is requesting an encroachment agreement
to add an 8’ sign from the existing building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent that all requirements listed by
the Inspections Department are met.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the encroachment agreement at 1991 Lakeshore Drive, Suite B.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2011-53 ANY OTHER BUSINESS:
Mayor Warmington stated he had been contacted by Coach Fairfield
requesting permission for the Big Red football team, adults only, to sell on street
corners this Friday and that the fee be waived.
Motion by Commissioner Carter, second by Commissioner Shepherd to waive
the fee for the Muskegon football program to allow them to fundraise on
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intersections in the City of Muskegon.
Motion amended by Commissioner Spataro, second by Commissioner Carter
that there is no automatic grandfathering based on this action for this
organization and that they pay the initial fee.
(VOTE ON AMENDED MOTION)
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
AMENDED MOTION PASSES
(VOTE ON ORIGINAL MOTION)
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:24 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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