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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 22, 2010
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 22,
2010.
Mayor Warmington opened the meeting with a prayer from Vice Mayor
Gawron 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 Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2010-56 HONORS AND AWARDS:
A. Muskegon Community College Softball Team.
Mayor Warmington presented resolutions to Coach Houseman congratulating
him and the Jayhawks on their championship.
2010-57 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 8th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for Muskegon Summer Celebration. CITY
CLERK
SUMMARY OF REQUEST: West Michigan Burnerz is requesting approval of a
fireworks display permit for July 3rd at the Muskegon Summer Celebration. Fire
Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks. The insurance coverage has been
approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Liquor License Request for 885 Jefferson Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Hennessy Operating, LLC to transfer
ownership of the escrowed 2009 Class C Licensed Business with Official Permit
(Food) located at 7211 E. Apple (Egelston Township) from Morrow’s Restaurant,
Inc., transfer location (governmental unit) to 885 Jefferson, Muskegon, MI 49440,
and a New Additional Bar Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
D. Liquor License Request for 2064 Henry. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Star 8, Inc. (DJ’s Pub), 2064 Henry Street to
add an Outdoor Service (1 Area), to be held in conjunction with 2010 Class C &
SDM Licensed Business with Dance Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
E. Request to Fly the Mexican Flag. CITY CLERK
SUMMARY OF REQUEST: Latinos Working for the Future is requesting permission to
fly the Mexican Flag at City Hall on September 18th in honor of Mexico’s 200th
Independence day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
F. Sewer Lift Station Pump Control System Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase a Sewer Lift Station Pump Control
System from Kennedy Industries for Austin Lift Station at a total cost of $8,360.
FINANCIAL IMPACT: Expenditures for the purchase would come from the Sewer
Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To purchase the pump Control System from Kennedy
Industries. Kennedy Industries is the single source supplier of Multitrode Pump
Controller Equipment.
G. Amendments to the Zoning Ordinance – Rules on Banners. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2334, #5 of
Article XXIII to modify the rules on banners.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 10th meeting.
I. Amend 2010 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize the Community and Neighborhood
Services office to begin the amendment process of the 2010 Action Plan in order
to allocate $10,000 of Community Development Block Grant funding to graffiti
removal.
It is the City’s position that graffiti is causing a blighted influence on our
community and should be aggressively removed. In the past this activity was
funded from the General Fund. Because of the current budget shortfall, it is
being requested that funding from CDBG be used.
FINANCIAL IMPACT: The $10,000 from CDBG will be added to the $4,000
budgeted for graffiti removal for the 2010-2011 budget year, for a total of
$14,000 for graffiti removal.
BUDGET ACTION REQUIRED: The amendment of the 2010 budget.
STAFF RECOMMENDATION: To approve for the CNS office to begin the
amendment process of the 2010 Action Plan to include Graffiti Removal.
J. Request Additional NSP Funds from MSHDA. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for the Community and Neighborhood
Services office to submit an application to the Michigan State Housing
Development Authority (MSHDA) for additional Neighborhood Stabilization
Program (NSP1) funds.
MSHDA has notified communities that additional funding is available on a
competitive basis. Several cities and non-profits have not been able to commit
and/or spend the funding in a timely fashion. MSHDA has no other option but to
recapture and redistribute the available funding. All NSP recipients are required
to have the funding spent by June 2012.
The CNS office will be requesting an additional $1,000,000. The funding will be
used to continue the City’s Neighborhood Stabilization efforts, which include
demolition of blighted and abandoned housing, total rehabilitation of blighted,
abandoned and foreclosed properties, development of green space and new
infill housing.
FINANCIAL IMPACT: If approved by MSHDA, the City will have an additional
$1,000,000 to use to help with stabilization of its neighborhoods.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: The City Commission has previously approved
the initial NSP1 application for $1.4 million.
K. Consumer’s Energy Grant for Academic Olympics. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for the Community and Neighborhood
Services office to submit a grant request to the Consumer’s Energy Foundation in
the amount of $5,000. The funding will be used to assist with the cost of
developing the 2010 Muskegon Unity Academic Olympics. The Third Annual
Muskegon Unity Academic Olympics is scheduled to take place on Saturday,
August 28, 2010, at Nelson Elementary School field.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: The City Commission approved for the CNS
office to submit a grant request in 2008. This year’s event has been discussed
with the Citizen’s District Council.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as presented minus item H.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-58 ITEM REMOVED FROM THE CONSENT AGENDA:
H. Towing Contract. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the towing contract
with the City. This contract will go into effect on June 24, 2010. Proposals were
submitted by the following companies:
1. All Pro Towing and Recovery, 2930 E. Apple, Muskegon 49442
2. Baxter’s Towing and Storage, 5333 Airline, Muskegon 49444
3. Central Towing, 710 Alberta, Muskegon 49441
4. Reliable Towing, 1288 Ninth Street, Muskegon 49440
5. Stafford’s Towing, 1410 Russell Road, North Muskegon 49445
6. ASAP Towing, 501 W. Hovey, Muskegon Heights 49444
7. Hansen Towing, 5445 Fisher, Wyoming 49548
8. Ramos Towing, 2444 Getty, Muskegon 49444
A bid from Campbell’s Towing was not accepted as it was submitted after the
submission deadline.
Based upon the proposals that were submitted, the overall low bid was entered
by All Pro Towing, 2930 E. Apple Avenue. I am recommending that the
Commission approve a contract with All Pro.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the towing contract with All Prow Towing and Recovery.
ROLL VOTE: Ayes: Gawron, Spataro, and Warmington
Nays: Carter, Shepherd, Wierengo, and Wisneski
MOTION FAILS
Motion by Commissioner Spataro, second by Vice Mayor Gawron to reject all
bids and rebid this contract.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to request
an extension from our current supplier and call a Special Meeting if the
extension cannot be obtained.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Wisneski, and Carter
Nays: Warmington and Gawron
MOTION PASSES
2010-59 NEW BUSINESS:
A. Viridian Drive Extension: Development Agreement Between the City of
Muskegon (“City) and Grand Valley State University (“GVSU”),
Agreement for the Donative Conveyance of Real Property Between the
City of Muskegon and Viridian Properties, LLC, Agreement for the
Donative Conveyance of Real Property Between the City of Muskegon
and Parkland Acquisitions, LLC. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: In order to extend Viridian Drive between Harbor 31
(Dan Henrickson/developer) and Shoreline Inn & Suites (Jon Rooks/developer), a
partnership is necessary between the parties. Mr. Henrickson and Mr. Rooks will
donate the necessary property to GVSU, who will then donate the property
needed for the extension, to the City. GVSU will pay for the extension costs (as
well as legal and outside engineering costs) and the City will design and bid the
project, as well as manage the construction process. The City will also pay for
the extension of the water main.
FINANCIAL IMPACT: The City will pay for in-house design and construction
management, as well as extension of the water main and long-term
maintenance of the roadway.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development Agreement between
the City and GVSU and the two “Donative Conveyance” Agreements between
the City and Viridian Properties, LLC and the City and Parkland Acquisition, LLC
and authorize the Mayor and Clerk to sign the Agreements, as well as any other
necessary documents (as outlined in the Agreement) to complete the project.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Development Agreement between the City and GVSU and the two
“Donative Conveyance” Agreements between the City and Viridian Properties,
LLC and the City and Parkland Acquisition, LLC and authorize the Mayor and
Clerk to sign the Agreements, as well as any other necessary documents (as
outlined in the Agreement) to complete the project.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington requested that discussion be held at
the August Worksession reference Water Filtration Consortium.
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk