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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 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, February 28,
2006.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from 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 Stephen Gawron,
Commissioner Clara Shepherd, Lawrence Spataro, Sue Wierengo, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
Department Secretary Irene Dempsey.
2006-17 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 3rd Goal Setting
Session, February 13th Commission Worksession, and the February 14th Regular
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Vehicles for Hire. CITY CLERK
SUMMARY OF REQUEST: To amend Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
C. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting
permission to fly the Irish Flag outside City Hall on Friday, March 17 to celebrate
St. Patrick’s Day through Friday March 24th.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
E. Vacation of the Southwest 132 Feet of the Alley in Block 187 of the City
of Muskegon Revised Plat of 1903. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the Southwest 132 feet of the
alley located in City of Muskegon Revised Plat of 1903, Block 187, bounded by
Terrace Street, E. Muskegon Avenue, Pine Street, and W. Webster Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the Southwest 132
feet of the alley, with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their 2/16/06 meeting, with the condition that all utility
easement rights be retained. The vote was unanimous with B. Mazade and B.
Smith absent.
F. Vacation of the Undeveloped Portion of Frisbie Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of the undeveloped portion of
Frisbie Street south of Palmer and west of McGraft Church.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the undeveloped
portion of Frisbie Street south of Palmer and west of McGraft Church.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the vacation at their 2/16/06 meeting, with B. Mazade and B.
Smith absent.
G. FIRST READING: Zoning Ordinance Amendment to the (H) Heritage
District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2000 and 2001 of Article XX
(H) Heritage District to include additional principal uses for properties fronting on
W. Western Avenue between 4th and 9th Streets and additional special uses for
the entire (H) Heritage District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the (H) Heritage District ordinance language to add
additional principal uses for properties fronting on W. Western Avenue between
4th and 9th Streets and additional special uses for the entire (H) Heritage District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at the 2/16/06 meeting. The vote was unanimous
in favor of the amendment, with B. Mazade and B. Smith absent.
H. FIRST READING: Rezoning Request for Property Located at 908 Terrace
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 908 Terrace
Street from B-3, Central Business District to B-5, Central Governmental Service
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 2/16/06 meeting. The vote was unanimous with
B. Mazade and B. Smith absent.
J. Consideration of Bids: Sixth Street, Houston Avenue to Muskegon
Avenue. ENGINEERING
SUMMARY OF REQUEST: Award the paving, (using asphalt material) and
underground utility construction contract (H-1528)for the Sixth St. reconstruction
between Houston and Muskegon to McCormick Sand of Twin Lake since they
were the lowest, responsible bidder with a bid price of $77,328.60
FINANCIAL IMPACT: The construction cost $77,328.60 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items D and I.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-18 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Environmental Program Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
ways associated with our Environmental Inspections program is currently being
performed by Sunset Waste our current solid waste hauler. A request for bids
was advertised with two companies placing bids. Diversified UG Utilities Inc. is
the lowest bidder for a one year agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the contract and to authorize the Mayor
and City Clerk to sign a 1-year agreement with Diversified UG Utilities Inc. for the
special trash pick-ups along City right of ways.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
environmental program trash clean-up contract Diversified UG Utilities Inc.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
I. Purchase of Police Cruisers Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase three (3) Crown Victoria from
Tony Betten and Sons Ford out of Grand Rapids since they were the lowest
responsible bidder with a total bid price of $60,510.18.
FINANCIAL IMPACT: Total Cost $60,510.18.
BUDGET ACTION REQUIRED: None, item was budgeted for.
STAFF RECOMMENDATION: Approve and authorize staff to purchase three (3)
cruisers.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of three police cruisers from Tony Betten and Sons Ford out of
Grand Rapids.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-19 PUBLIC HEARINGS:
A. Create a Special Assessment District for Denmark Street, Lakeshore to
Crozier. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Denmark St., Lakeshore Dr. to Crozier Ave. and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determine to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:47 p.m. and create the special assessment district for
Denmark Street, Lakeshore to Crozier.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
(Commissioner Davis and Vice Mayor Gawron were appointed to the Board of
Assessors)
B. Create a Special Assessment District for Fifth Street, Muskegon to
Western. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Fifth St., Muskegon Ave. to Western Ave., and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing at 5:53 p.m. and create the special assessment district for Fifth
Street, Muskegon to Western and appoint two City Commissioners to the Board
of Assessors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
(Commissioners Spataro and Wierengo were appointed to the Board of
Assessors)
2006-20 UNFINISHED BUSINESS:
A. Update on 856 Fork (Tabled from January 24, 2006). PUBLIC SAFETY
SUMMARY OF REQUEST: This house was declared to be sub-standard, a public
nuisance, and dangerous by the Housing Board of Appeals on September 4,
2005. It was brought to the City Commission January 24, 2006, but at staff’s
request, was removed from the agenda for a period of 30 days.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: That the Commission not concur with the Housing
Board of Appeals as the house has been substantially improved by the owners
and should shortly be removed from the dangerous building list.
Motion by Vice Mayor Gawron, second by Commissioner Carter to not concur
with the Housing Board of Appeals decision on 856 Fork.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
B. Ferry Terminal Funding. CITY MANAGER
SUMMARY OF REQUEST: To consider a request from Great Lakes Dock and
Materials to fund Energy Code requirements at the Muskegon Ferry Terminal.
FINANCIAL IMPACT: $29,600.
BUDGET ACTION REQUIRED: The 2006 budget would have to be amended to
accommodate this expense.
STAFF RECOMMENDATON: To okay the request as it is not an obligation of the
City.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request of funding the Energy Code requirements for the Muskegon Ferry
Terminal with Great Lakes Dock and Materials paying 1/3 and the City paying
2/3.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2006-21 NEW BUSINESS:
A. 2006 - 2007 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To adopt the 2006-2007 City Commission Goals.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Vision, Value and Mission statements
and the 2006-2007 goals.
COMMITTEE RECOMMENDATION: The City Commission determined these goals
at their annual goal setting sessions on February 3, 2006.
Motion by Commissioner Davis, second by Commissioner Shepherd to approve
the 2006-2007 City Commission Goals.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
B. MERS Uniform Resolution for Service Credit Purchase. FINANCE
SUMMARY OF REQUEST: The City has previously approved the transfer of all Non-
Union employees to the statewide MERS retirement system. The resolution is a
follow-up action and permits employees in the MERS system to purchase up to
five years of generic service. Employees wishing to buy service are required to
pay 100% of the actuarial cost as determined by MERS.
FINANCIAL IMPACT: The employee is required to pay 100% of the actuarially
determined cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the MERS uniform resolution for service credit purchase.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
C. Defined Contribution Retirement Plan for New Hires (Clerical). FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the Clerical Union that includes provision for new hires to be
members of a Defined Contribution Retirement Program in lieu of membership in
the Defined Benefit General Employees’ retirement system. The new Clerical DC
plan calls for a City contribution of 3%/6% and an employee contribution of
0%/3% of wages. Present employees may also join the DC plan on an elective
basis during a window period.
Approval of the resolutions and ordinance amendments is the final step in
putting in place the mechanics of these new programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the City’s annual pension costs. We are negotiating similar
arrangements for other employee groups. At this time, new employees in the
Fire, Non-Union and Clerical groups are covered by a defined contribution
arrangement. The status of this issue with the other employee groups is as
follows: Police Patrol (in arbitration); 517M-DPW (in fact-finding); Police
Command (to be negotiated).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Defined Contribution Retirement Program for new hires as well as allowing
present employees to join the Defined Contribution plan as an elective.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
D. Memorandum of Understanding - Justice Assistance Grant. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the 2006 Justice Assistance Grant. The money in this
grant is shared by thee entities. The $50,538 in this grant will allow for the
continuation of the community prosecution program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of request.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Memorandum of Understanding regarding the Justice Assistance Grant.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 442 W. Muskegon, 589 McLaughlin (Carport), 1532 Terrace, and
1581 Terrace 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 are unsafe,
substandard, public nuisances and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolitions 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 Carter, second by Commissioner Wierengo to concur
with the Housing Board of Appeals decision to demolish 589 McLaughlin
(carport), 1532 Terrace, and 1581 Terrace.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
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 442 W. Muskegon.
Motion by Commissioner Spataro, second by Commissioner Carter to table to
the second meeting in March contingent on interior inspection being done and
provided to the Commission.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, and Gawron
Nays: None
Abstain: Shepherd (due to conflict of interest)
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
2006-22 CLOSED SESSION: To discuss collective bargaining.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session at 6:44 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Vice Mayor Gawron to go into Open
Session at 7:13 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
Commission discussion held.
ADJOURNMENT: The City Commission Meeting adjourned at 7:41 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk