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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 22, 2005
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 22, 2005.
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
Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen Gawron, City Manager
Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter.
Absent: Commissioner Clara Shepherd (excused)
2005-28 HONORS AND AWARDS:
A. Larry DeCou. Proclamation was presented to Larry DeCou by Mayor
Warmington.
2005-29 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee and the Commission Worksession that was held on Monday, March 7,
2005; and the Regular Commission Meeting that was held on Tuesday, March 8, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: The Sons of Norway request permission to fly the Norwegian
Flag outside City Hall on Tuesday, May 17th to celebrate Norwegian Independence
Day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to clarify the
definition for “Setback, Front”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to clarify the definition for “Setback, Front”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
D. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a definition
for “Informational Sign”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to add a definition for “Informational Sign”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
E. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance for
Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(10.) of Article XXIII (General
Provisions) to amend the sign ordinance language regarding campus signage.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to amend the sign ordinance language regarding campus signage.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
F. FIRST READING: Rezoning Request for Properties Located at 704, 714, 724,
and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 704, 714, 724, and
734 E. Apple Avenue, from R-1, Single Family Residential to B-2, Convenience &
Comparison Business.
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 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
G. The Abonmarche Group Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve a professional service agreement with The
Abonmarche Group to provide engineering services for the Phase III marina
improvement project at Hartshorn Marina.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
H. Street Lights on Shoreline Drive between Spring and Eastern. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Consumer
Energy to install a total of nineteen (19) street lights along the newly constructed
section of Shoreline Drive between Ryerson Creek and Webster Avenue to the north
east. Some of the proposed lights will be installed along the realigned Ottawa Street
between Western & Shoreline Drive. This request does not encompass the remainder
of the Shoreline Drive route between Ryerson Creek & First due to on-going
negotiations regarding the soil conditions in that area. The proposed street lights will
be similar in appearance to those installed on Harvey Street by the crossing mall in
Fruitport Township.
FINANCIAL IMPACT: $29,200.
BUDGET ACTION REQUIRED: None at this time since the cost is expected to be an
eligible expense to the state’s grant.
STAFF RECOMMENDATION: Authorize staff to sign the contract with Consumer Energy
to install the street lights as described.
Motion by Commissioner Carter, second by Commissioner Spataro to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
2005-30 PUBLIC HEARINGS:
A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Ireland, Davis to Franklin, 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 5:38 p.m. to hear and consider any comments from
the public. Comments in opposition were heard from Richard Smith, 1151 Ireland.
Motion by Commissioner Gawron, second by Commissioner Carter to close the Public
Hearing at 5:47 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to table the
special assessment of Ireland, Davis to Franklin to the April 12th meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
B. Create a Special Assessment District for Franklin Street, Laketon to Ireland.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Franklin, Laketon to Ireland, 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. Comments in opposition were heard from: John Hulka, 1028 W. Larch;
Robert O’Conner representing 1721Franklin, 1735 Franklin, and 1045 W. Larch; and
Mark Bouwkamp, 1027 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 6:06 p.m.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to table the
special assessment of Franklin, Laketon to Ireland to the April 12th meeting.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
C. Community Development Block Grant/HOME Final Allocation Decision.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2006 CDBG/HOME allocations. After the Public Hearing is over, it is
hoped that the Commission will make their final allocation decision concerning the
2005-2006 CDBG/HOME allocations for this coming fiscal year. The Commission has
received the recommendation from the Citizen’s District Council and the City
Administration. The Commission made their preliminary recommendations during the
March 8, 2005, City Commission Meeting. After receiving the Commissions final
allocation decision, the CNS Office will amend the City’s 2005-2006 Action Plan if
needed and continue the comment period until April 17, 2005. At that time, the City
will request the U.S. Housing and Urban Development Department for the release of
the funds for the 2005-2006 fiscal year to begin June 1, 2005.
FINANCIAL IMPACT: The decision will determine the CDBG/HOME budget for 2005-
2006.
BUDGET ACTION REQUIRED: The decision will establish the budget.
STAFF RECOMMENDATION: The Commission has already received the staff
recommendation.
The Public Hearing opened at 6:08 p.m. to hear and consider any comments from
the public. Mayor Warmington called a break in the Public Hearing from 6:20 p.m. to
6:30 p.m. Comments were heard from Lois Springs, 313 W. Webster, representing Red
Cross; Diana Miller, 280 Ottawa, representing Muskegon Habitat for Humanity; Dave
Eling representing Veterans Affairs; Wilma Cullen representing Healthcare Agency;
Joseph Bush, 1506 Lexington representing Neighborhood Invest. Corp., 1115 Third
Street, and Jamie Langlois, 280 Ottawa, representing Habitat for Humanity.
Motion by Commissioner Gawron, second by Vice Mayor Larson to close the Public
Hearing at 7:14 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Community Development Block Grant/HOME allocations as recommended by the
Citizen District Council.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
D. 2005 - 2010 Consolidated Plan and Accept the Consolidated Plan and
Direct Staff to Continue the Public Comment Period. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2010 Consolidated Plan in order to receive comments from the
public concerning the City’s five-year plan produced by the CNS Office. After the
Commission has received comments from the public, the CNS Office asked that the
Commission approve the Consolidated Plan and direct the CNS Office to continue
the public comment period which began March 17, 2005, and ends April 17, 2005.
After receiving the Commissions approval on or about April 17, 2005, the CNS Office
will deliver the Consolidated Plan with all other required documentation to the U.S.
Department of Housing and Urban Development for their approval.
FINANCIAL IMPACT: The City is required to produce a Consolidated Plan to continue
receiving CDBG and Home funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Consolidated Plan.
The Public Hearing opened at 7:17 p.m. to hear and consider any comments from
the public. Comments were heard from Jason Bolton, 1182 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 7:23 p.m., accept the Consolidated Plan and direct staff to continue the
public comment period.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
2005-31 NEW BUSINESS:
A. Environmental Program Mowing and Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of public
and private properties previously held by Freelance Enterprises Inc. will expire on
March 28, 2005. A request for bids was advertised and two companies placed bids.
Freelance Enterprises is the low bidder for a two-year agreement.
FINANCIAL IMPACT: the bids came in lower than the amounts paid under the
previous contract, this may lower the cities costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and to authorize the Mayor and
City Clerk to sign a two-year agreement with Freelance Enterprises, for the mowing of
lots and trash removal on properties located within the City.
Motion by Commissioner Carter, second by Commissioner Gawron to approve the
environmental program mowing and trash clean-up contract with Freelance
Enterprises.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
Nays: None
MOTION PASSES
B. Contract Extension Agreement – One-Year Street Sweeping Contract for
2005. PUBLIC WORKS
SUMMARY OF REQUEST: To enter into a one-year contractual agreement with TRI-US
SERVICES, INC., to provide street sweeping services for 2005.
FINANCIAL IMPACT: $137,866.40 cost for one-year contract. Funds to cover all
expenses are budgeted. Trunkline expenses are reimbursed by State funding.
BUDGET ACTION REQUIRED: None, monies appropriated in Highway and State
trunkline budgets.
STAFF RECOMMENDATION: Approve request to contract out service for one-year
extension as specified in previous contract.
Motion by Commissioner Carter, second by Commissioner Gawron to grant the
contract extension for one year.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
C. Bathroom Facilities Agreement with Fisherman’s Landing, Inc. CITY
MANAGER
SUMMARY OF REQUEST: To approve a development and reimbursement agreement
between the City and Fisherman’s Landing, Inc. The agreement will enable the
construction of a new bathroom facility at Fisherman’s Landing and provides for a
reimbursement of the costs for the same by Fisherman’s Landing, Inc.
FINANCIAL IMPACT: $146,926.24.
BUDGET ACTION REQUIRED: The 2005 budget will need to be readjusted to account
for this new expenditure.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
agreement between the City and Fisherman’s Landing, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
D. Consideration of Bids for Clay Avenue, Terrace to Spring. ENGINEERING
SUMMARY OF REQUEST: Award the paving, using asphalt, and underground utility
construction contract (H-1592, W-666 & S-601) for Clay Avenue between Terrace and
Spring to Wadel Stabilization out of Hart, MI. Wadel was the lowest, responsible
bidder with a bid price of $364,887.60.
FINANCIAL IMPACT: The construction cost $364,887.60 plus engineering cost which is
estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Wadel Stabilization.
Motion by Vice Mayor Larson, second by Commissioner Spataro to award the
contract for Clay Avenue, between Terrace and Spring to Wadel Stabilization.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
E. 2005 Fire Act Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission’s
authorization to apply for a 2005 Fire Act Grant (Federal). The amount that will be
requested is $55,000. The funds will be used to purchase turnout gear, helmets and
boots. We would also purchase cold water rescue suits. We have previously applied
for, and been awarded, three grants under this program. The City is responsible for a
10% match ($5,500).
FINANCIAL IMPACT: The funds for the match would come from the Fire Department
equipment fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
application for the 2005 Fire Act Grant.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following. 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 listed above are unsafe,
substandard, a public nuisance and that they be demolished within thirty (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.
1. 1907 Hoyt
LOCATION AND OWNERSHIP: This structure is located on Hoyt between Holbrook and
Keating and is owned by Scott Smith.
STAFF CORRESPONDENCE: This case began 6/13/03 because of the house being
vacant, open and large amount of trash and debris left. A police report dated
5/20/03 was issued answering complaint from neighbor because home was left open
and in a state of disrepair inside. A dangerous building inspection was conducted on
6/13/03 and an interior inspection conducted 7/9/03 the notice and order to repair
was issued on 8/22/03. On 10/2/03 the HBA tabled the case to allow owner time to
obtain permits and complete required repairs. The HBA declared the structure
substandard and dangerous on 12/2/04.
OWNER CONTACT: The owner was present for the HBA meeting in October of 2003
stating he planned on doing repairs but had just buried his son. There have been no
permits pulled or owner contact since that time. Brian Sokol representing Huntington
Bank requested copies of inspection reports in December of 2004.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $33,800
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
2. 1142 Washington (Area 12)
LOCATION AND OWNERSHIP: This structure is located on Washington between
Barclay Street and Davis Street and is owned by Bank One Assoc., 9350 Waxie Way,
San Diego, CA 92123.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
5/12/04 and the notice and order to repair was issued on 5/12/04. On 8/5/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: No one was present to represent this case for the HBA meeting.
The only contact from the owner was after the first notice was issued. She called to
state she is being foreclosed on. She has moved out and left no forwarding address
with the Inspection Department.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $30,900.
ESTIMATED COST TO REPAIR: $25,000 Exterior Only.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
3. 1694 Pine
LOCATION AND OWNERSHIP: This structure is located on Pine between Dale and
Larch and is owned by Joel Ramos.
STAFF CORRESPONDENCE: This case began as a rental complaint because of a
collapsed ceiling. A dangerous building inspection was conducted 6/30/04. Notice
and Order was sent 7/23/04. The case came before the HBA 9/2/04 and was
declared dangerous, substandard and a public nuisance.
OWNER CONTACT: The owner wrote a letter to the Inspection Department dated
9/1/04 stating that he had just purchased the home and due to financial strain was
not able to repair it. He asked for six months to make necessary improvements. An
electrical permit was pulled in 2/3/03 but no inspection was scheduled. No other
permits have been pulled or inspections scheduled and no further contact with
owner since that time.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $16,500.
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
4. 1756 Ray – Garage
LOCATION AND OWNERSHIP: this structure is located on Ray between E. Laketon
Avenue and E. Larch Avenue and is owned by Samuel/Debra McClure.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/22/04 and the notice and order to repair was issued on 7/23/04. On 9/2/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: There has been no owner contact, no permits issued and no
inspections scheduled.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $15,900 (Entire Building).
ESTIMATED COST TO REPAIR: $2,500 (Exterior Only – Garage)
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals decision to demolish 1907 Hoyt, 1142 Washington, 1694
Pine, and 1756 Ray – garage.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
5. 291 Washington (Area 10b)
LOCATION AND OWNERSHIP: This structure is located on Washington between Sixth
Street and Seventh Street and is owned by Bank One Assoc., 9350 Waxie Way, San
Diego, CA 92123.
STAFF CORRESPONDENCE: a dangerous building inspection was conducted on
5/6/04 and an interior inspection on 8/2/04 the notice and order to repair was issued
on 5/7/04. On 8/5/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: Mr. Holden was present to represent this case. He stated he lives
at 291 Washington and can start repairs in 30 days. He was given a copy of the
interior inspection that was conducted earlier in the week at the HBA meeting. There
have been no permits issued or inspections scheduled and no owner contact since
that time.
FINANCIAL IMPACT: CDBG.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $13,300.
ESTIMATED COST TO REPAIR: $30,000.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to refer 291
Washington back to staff.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:38 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk