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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 28, 2006
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 28,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor Gerald
Wahr from the McGraft Memorial Congregational 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,
Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Carter, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter.
2006-28 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the March 13th Commission
Worksession, and the March 14th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Appointment to the Zoning Board of Appeals. CITY CLERK
SUMMARY OF REQUEST: To appoint Lori Gomez-Payne to the Zoning Board of
Appeals.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointment.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointment at their March 6th meeting.
D. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #5,a) of Article
XXIII (General Provisions) to allow a building wrap for a building undergoing
construction or major renovation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language to allow building wraps.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their March 16th meeting. The vote was unanimous
with J. Aslakson and T. Michalski absent.
E. FIRST READING: Zoning Ordinance Amendment to Article II
(Definitions). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a
definition for “Building Wrap”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add a definition for “Building Wrap”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their March 16th meeting. The vote was
unanimous in favor of the amendment with J. Aslakson and T. Michalski absent.
F. FIRST READING: Zoning Ordinance Amendment – Flood Hazard Areas.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2323 (Flood Hazard Areas,
#3) of Article XXIII (General Provisions) regarding reference numbers for the
Michigan Residential Code and Michigan Building Code.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for Flood Hazard Areas.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their March 16th meeting. The vote was unanimous
with J. Aslakson and T. Michalski absent.
G. City - MDOT Agreement for Lakeshore Drive, McCracken to Laketon.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the milling and
resurfacing of Lakeshore Drive from McCracken to Laketon and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is caped at $375,000 but not to
exceed 75% of eligible cost. The estimated total construction cost (without
engineering which is not eligible) of the project is $500,000.
BUDGET ACTION REQUIRED: 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.
I. Budgeted Meter Reading Equipment Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two SSI AR 4002 Solid State
Interrogators – Hand Held Meter Reading Units. Currently, the City owns four
units that are 13 years old. This proposal is intended to replace two this year and
two in 2007 (under a future request).
FINANCIAL IMPACT: Total cost $11,600.
BUDGET ACTION REQUIRED: None, included in 2006 Budget.
STAFF RECOMMENDATION: Approve purchase from ETNA Supply.
J. Consideration of Proposals for Right of Way Survey on Shoreline Drive.
ENGINEERING
SUMMARY OF REQUEST: Enter into an engineering services agreement with
Holland Engineering out of Holland to perform the necessary survey collection,
drawings of publicly owned properties and preparation of right-of-way
description for Shoreline Drive as requested by MDOT.
Holland Engineering was one of four firms to submit quality based proposals
which were reviewed by staff from both MDOT and the City. Upon review of
qualifications, scope and project team, Holland was deemed as the most
qualified and a costed proposal was requested (following MDOT’s procedure).
After review of the cost verses the scope, Holland Engineering appears to be
well within the preliminary estimate of $100,000 for such services at a not to
exceed cost of $73,602.
FINANCIAL IMPACT: The cost for the engineering services of $73,602.
BUDGET ACTION REQUIRED: None, this task is an eligible build Michigan III grant
for Shoreline Drive expense.
STAFF RECOMMENDATION: Enter into an engineering services agreement with
Holland Engineering.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Consent Agenda as read minus items C and H.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2006-29 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. 2006, 2007 and 2008 Street Sweeping Contract. PUBLIC WORKS
SUMMARY OF REQUEST: To award a three-year contract to provide four annual
street sweepings to Tri-Us Services, Inc., 78 N. Ball Creek Road, Kent City,
Michigan.
FINANCIAL IMPACT: $148,981.60 each year; $446,944.80 over the course of the
contract. Excludes special requests charged at $115/hour.
BUDGET ACTION REQUIRED: None, monies appropriated in highway and state
trunkline budgets.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Shepherd, second by Commissioner Spataro to award
the 2006, 2007 and 2008 Street Sweeping Contract to Tri-Us Services.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
H. City - MDOT Agreement for Park Street, Laketon to Southern Avenue.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Park Street from Laketon to Southern and to approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is caped at $210,518 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 work is estimated at $551,600.
BUDGET ACTION REQUIRED: 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.
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to approve
the Michigan Department of Transportation Agreement for Park Street, Laketon to
Southern Avenue.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2006-30 PUBLIC HEARINGS:
A. Designation of Cole’s Quality Foods and Surrounding Area as a
Neighborhood Enterprise Zone. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on designating Cole’s Quality
Foods and the surrounding area as a Neighborhood Enterprise Zone, and to
pass the Statement of Goals, Objectives, Policies, and Findings. Staff will be
requesting that the City Commission pass a resolution creating the
Neighborhood Enterprise Zone on April 25th.
FINANCIAL IMPACT: There is no direct financial impact from the designation of a
Neighborhood Enterprise Zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing on designating Cole’s
Quality Foods and the surrounding area as a Neighborhood Enterprise Zone,
and to pass the Statement of Goals, Objectives, Policies, and Findings.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:47 p.m.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate - Ameriform
Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Ameriform Inc., 1790 Sun Dolphin, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1790 Sun Dolphin
Drive, Muskegon. The total capital investment is approximately $651,030 in
personal property and $324,983 in real property. This request qualifies Ameriform
Inc. for a term of 12 years for real property and 9 years for personal property.
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 12 years for real property and 9
years for personal property.
The Public Hearing opened at 5:48 to hear and consider any comments from
the public. No public comments were heard.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:50 p.m. and approve resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 9
years for personal property to Ameriform Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-31 UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 442 W. Muskegon. 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 442 W.
Muskegon is unsafe, substandard, a public nuisance, 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 442 W. Muskegon
Avenue.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, and Warmington
Nays: Davis and Wierengo
Abstain: Shepherd
MOTION PASSES
2006-32 NEW BUSINESS:
A. Request for Preliminary Planned Unit Development Approval for 1050 W.
Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for preliminary Planned Unit Development
approval for 1050 W. Western Avenue (Hartshorn Building property) is for a mixed
use recreational and commercial development. The request is by John Bultema
II, GLM Properties, LLC.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the
preliminary Planned Unit Development provided that the conditions listed in the
resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
preliminary approval of the Planned Unit Development, with the conditions listed
on the resolution, at their March 16th meeting. The vote was unanimous with J.
Aslakson and T. Michalski absent.
Motion by Vice Mayor Gawron, second by Commissioner Carter to grant
preliminary approval of the Planned Unit Development for 1050 W. Western
Avenue for mixed use recreational and commercial development.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
B. FIRST READING: Rezoning Request for Properties Located at 1438, 1446,
1458, 1468, and 1478 Terrace Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 1438, 1446,
1458, 1468, and 1478 Terrace Street from B-2, Convenience and Comparison
Business District to R-1, One Family Residential District.
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 March 16th meeting. The vote was unanimous
with J. Aslakson and T. Michalski absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the rezoning request for the properties located at 1438, 1446, 1458, 1468, and
1478 Terrace from B-2, Convenience and Comparison Business District to R-1,
One Family Residential District.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
C. FIRST READING: Zoning Ordinance Amendment to Article XXII,
Nonconforming Uses. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2200, 2201, 2202, 2203, and
2204 (Nonconforming Uses) of Article XXII of the Zoning Ordinance.
STAFF RECOMMENDATION: Staff recommends amendment of Article XXII
(Nonconforming Uses) of the Zoning Ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their March 16th meeting. The vote was
unanimous in favor of the amendment with J. Aslakson and T. Michalski absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the zoning ordinance amendment to Article XXII, nonconforming uses.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, and Gawron
Nays: Shepherd, Carter, and Davis
MOTION PASSES – REQUIRES SECOND READING
D. Consideration of Bids for Nims Street Tank Painting (W-651).
ENGINEERING
SUMMARY OF REQUEST: We received three bids for the painting contract (W-
651) for the Nims Street Tank. The two lowest bidders, M. K. Painting and G & M
Painting, failed to submit the Non-Collusion Affidavit as required by the contract.
The third bidder, Horizon Brothers, committed a mathematical error (submitted a
bid of $440,200 which should have been $441,200). While staff is not
recommending acceptance of any of those bids, due to the irregularities, we
are however, recommending that M. K. Painting be awarded the contract since
they were the lowest bidder with a bid price of $409,700, should the Commission
desire to waive those irregularities.
FINANCIAL IMPACT: The construction cost of $409,700 plus associated
engineering costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: If irregularities are waived, award the contract to M.
K. Painting.
Motion by Commissioner Davis, second by Commissioner Wierengo to award
the bid to M. K. Painting for the painting of Nims Street Tank.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
E. Muskegon Area Intermediate School District Encroachment
Agreements. ENGINEERING
SUMMARY OF REQUEST: The Muskegon Area Intermediate School District has
requested approval at the staff level for encroachment agreements needed to
install future pole placements and directional bores within the right of way at
various locations throughout the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Muskegon Area Intermediate School District encroachment agreements.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
F. Terrace Lots Request for Proposals. CITY MANAGER
SUMMARY OF REQUEST: To authorize City staff to solicit proposals for the
construction of the new central fire station, the development of the remainder
of the Terrace lots and the redevelopment of the current central fire station.
FINANCIAL IMPACT: Development on the Terrace lots and redevelopment of
the current fire station will add to the City’s tax base.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Carter, second by Vice Mayor Gawron to request
proposals for the Terrace Street lots.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
G. Arialink Telecommunication, LLC – METRO Act Permit Application
Request. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application
submitted by Arialink Telecom, LLC. Submittal of the permit application is in
response to the City opting into the State’s METRO Act. It is requested that
approval be conditioned upon verification of satisfactory review of all required
documentation that are supposed to accompany the request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the permit and authorize the Mayor to
sign the document.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Arialink Telecommunication, LLC METRO Act Permit Application request.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
H. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1272 Spring, 530 Catherine, 1357 Terrace-Garage, and 1435
Park. 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 structures located at 1272
Spring, 530 Catherine, 1357 Terrace – garage, and 1435 Park are unsafe,
substandard, a public nuisance, and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures 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 530 Catherine and
1435 Park.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1272 Spring.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish the garage at
1357 Terrace effective April 27, 2006.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
PUBLIC PARTICIPATION: Comments were made and a presentation was given
reference the upcoming Hispanic Festival.
2006-33 CLOSED SESSION: To discuss labor negotiations.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session at 7:55 p.m. to discuss labor negotiations.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Davis to come out of
Closed Session at 8:02 p.m.
VOTE: All ayes.
Motion by Commissioner Carter, second by Commissioner Spataro to authorize
the Mayor and City Clerk to sign documents to move Police to MERS.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
The City Commission Meeting adjourned at 8:05 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk