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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 28, 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, June 28,
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, Stephen Gawron, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Gail Kundinger.
2005-56 HONORS AND AWARDS:
Bob Kuhn, Director of Public Works, presented Larry DeCou with the Individual
Heroism Award; and presented Milbocker and Sons, Fleis & Vandenbrink, and
Mayor Warmington with the 2005 Project of the Year Award for Shoreline Drive.
2005-57 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 6th Community
Relations Committee Meeting, the June 13th Commission Worksession Meeting,
and the June 14th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from April & Jason Bryant to rehabilitate a
home in the Nelson Neighborhood at 583 W. Webster. The home is located in a
Neighborhood Enterprise Zone. The application states that the estimated cost
for rehabilitation will be $23,000. The roof and windows will be replaced. The
siding will be repaired. The interior walls, door, and trim will be refinished. There
will be electrical work done as well. The applicant has met local and state
requirements for the issuance of the NEZ certificate. Approval or denial by the
City Commission is required within 60 days of the application date and must be
forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the Neighborhood Enterprise
Zone certificate.
C. FIRST READING: Zoning Ordinance Amendment to the Zoning
Ordinance for Prohibited Signs. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(4.) of Article XXIII
(General Provisions) to amend the sign ordinance language regarding
“Prohibited Signs (all districts)”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the sign ordinance language regarding “Prohibited Signs
(all districts)”.
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. Mazade, T. Harryman and S. Warmington
absent.
D. FIRST READING: Rezoning Request for Property Located at 921 Turner
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 921 Turner
Avenue, from I-1, Light Industrial to R-1, Single Family Residential.
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 6/16/05 meeting. The vote was unanimous with
S. Warmington and B. Mazade absent.
E. FIRST READING: Rezoning Request for Property Located Between Nelson
Street and W. Harbour Towne Circle. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located between Nelson
Street and W. Harbour Towne Circle, from LR, Lakefront Recreation to R-1, Single
Family Residential.
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 6/16/05 meeting. Voting in favor of the request
were J. Aslakson, S. Spataro, T. Johnson, B. Smith, T. Harryman, and T. Michalski.
B. Turnquist voted against the request, with S. Warmington and B. Mazade
absent.
F. Rezoning Request for Property Located at 190 Wood Street. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 190 Wood Street
from RM-1 Low Density Multiple-Family Residential to I-2, General Industrial.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and the Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 5/12/05 meeting. Commissioners Spataro, Aslakson, Johnson,
Turnquist, Michalski, Smith & Harryman voted for denial. S. Warmington and B.
Mazade were absent.
G. Request to Allow Two Alcohol Licenses on July 15, 2005, Within the City
of Muskegon (Great Lakes Marina & Muskegon Sport-fishing
Association). ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To allow two liquor licenses within the City on Friday, July
15, 2005. Party-In-The-Park has an approved liquor license for that same day.
Great Lakes Marina/Muskegon Sport-fishing Association would also like to have
a liquor license for that day. The current Special Events Policy does not allow
two alcohol licenses on any night within the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
I. Approval of Contractor for Construction of House at 747 Marcoux.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Bantam Group, 962
Stonewood Drive, Spring Lake, MI 49456 for the construction of the new home to
be located at 747 Marcoux for the cost of $118,821. The site at 747 Marcoux
formerly was occupied by a Turnkey 3 home that was demolished. After the
construction is completed, the new home will be sold to a qualified first-time
homebuyer continuing the City’s aggressive neighborhood revitalization efforts
under the Operation “At Long Last” AKA Ridge Top View.
The City received three other bids:
Urban Development Corp. 109 E. Laketon, Muskegon $121,700
Fisher Builders 4153 W. Giles, N. Muskegon $125,919
Top Notch Design 4753 Jensen, Fruitport $135,850
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
2003-2004 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the CNS Office to develop a contract
with Bantam Group and direct the Mayor and Clerk to sign the contract.
J. City – MDOT Agreement for Southern Avenue, Seaway to Sixth Street.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Southern Avenue from Seaway Drive to Sixth Street and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT’s participation is estimated at $350,795 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, is $648,700.
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: Approve the agreement and resolution.
K. Backhoe Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from West
Michigan Power.
FINANCIAL IMPACT: Cost $59,000 less $26,500 for the sale of our old unit. Total
cost of $32,500.
BUDGET ACTION REQUIRED: None. There is $65,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe from
West Michigan Power.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item H.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2005-58 ITEM REMOVED FROM THE CONSENT AGENDA:
H. Request to Allow Two Alcohol Licenses on July 29, 2005, Within the City
of Muskegon (Big Fat Greek Festival & Muskegon Community Health
Project). ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To allow two liquor licenses within the City on Friday, July
29, 2005. Party-In-The-Park has an approved liquor license for that same day.
Big Fat Greek Festival/Muskegon Community Health Project would also like to
have a liquor license for that day. The current Special Events Policy does not
allow two alcohol licenses on any night within the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
request for two alcohol licenses on July 29, 2005, within the City of Muskegon
with the provision that if the Big Fat Greek Festival wishes to serve hard liquor
their requested will be discussed at the next Commission Meeting.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-59 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Pine Street, Laketon to
Dale Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Pine Street from Laketon Avenue to Dale Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $11,255.79 would be spread against the thirty-two
(32) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:53 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Carter to close the
Public Hearing at 5:55 p.m. and approve the spreading of the special
assessment roll for Pine Street from Laketon to Dale Avenue.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Evart Street, Allen to Amity
Avenue. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Evart Street from Allen Avenue to Amity Avenue and to adopt
the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $8,472.45 would be spread against the four (4)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:56 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing at 5:57 p.m. and approve the spreading of the special
assessment roll for Evart Street from Allen to Amity Avenue.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Dale Avenue, McGraft to
Ruddiman Street. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Dale Avenue from McGraft Street to Ruddiman Street and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $16,252.22 would be spread against the nine (9)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:58 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 5:59 p.m. and approve the spreading of the special
assessment roll for Dale Avenue, McGraft to Ruddiman Street.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-60 NEW BUSINESS:
A. Request for Amendment to the Planned Unit Development for 100
Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for
100 Muskegon Mall (the former Muskegon Mall property), to revise the street
design.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request, with the
conditions outlined in the resolution.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 6/28/05 meeting. The vote was unanimous, with
B. Mazade and S. Warmington absent.
Motion by Spataro, second by Gawron to approve the request for amendment
to the Planned Unit Development for 100 Muskegon Mall.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
B. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View Phase II. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Urban Development
Construction Company, 109 E. Laketon who submitted the lowest bid for the
second phase of construction for three homes on Walton Street for the
aggregate price $322,600. The name of the project is Walton Street
Renaissance AKA Hilltop View Phase II. The CNS Department received three
other bids:
Fisher Builders 4153 W. Giles Rd., N. Muskegon $341,584.32
Bantam Group 962 Stonewood, Spring Lake $355,347.00
Rich Construction P.O. Box 125, Fremont $395,824.13
This project is a joint venture between the City of Muskegon Community and
Neighborhood Services, Neighborhood Investment Corporation, and Fifth Third
Bank.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
2003-2004 HOME funds program income, Neighborhood Investment Corporation
funds and funds allocated by Fifth Third Bank.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the CNS Office to develop a
contract with the lowest bided contractor and direct the Clerk and Mayor to
sign the contract.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
contractor for construction of three homes under Walton Street Renaissance AKA
Hilltop View Phase II with Urban Development Construction Company.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
C. Resolution to Sell 284 Iona. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution to sell the City owned house
at 284 Iona to Mr. Donates M. Keenan, for the appraised value of $114,500 minus
the $35,000 subsidy. The site at 284 Iona was originally a former Turnkey 3 site
that had created a blighting influence on the City for a number of years. The
City of Muskegon purchased the eight sites from the Muskegon Housing
Commission and demolished all the obsolescent structures. The new home at
284 Iona was built by the City to replace the demolished house as a part of the
City’s aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The program income derived from the sale will be
deposited in the City’s HOME account.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and the sale of 284 Iona to
Mr. Keenan and his family.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of the City owned home at 284 Iona to Mr. Donatese M. Keenan.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTIONS
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, 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.
621 Adams
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
336 Catawba (Area 11b)
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
1778 Pine
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
1191 Seventh
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 Larson to concur with
the Housing Board of Appeals notice and order to demolish 621 Adams, 336
Catawba, 1778 Pine, and 1191 Seventh.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
1916 Clinton
FINANCIAL IMPACT: General 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 Larson to concur with
the Housing Board of Appeals notice and order to demolish 1916 Clinton but
delay action for 30 days with the proviso that the applicant pulls all permits and
has all proper inspections.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2355 Lincoln
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
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 notice and order to demolish 2355 Lincoln.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:48 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk