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City of Muskegon City commission meeting mAy 27, 2003 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 5:30pm, Tuesday, May 27, 2003.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
q Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-43 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession held on Monday, May 12, 2003, and the Regular Commission Meeting held on Tuesday, May 13, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Vehicles for Hire Ordinance Amendment. CITY CLERK
SUMMARY OF REQUEST: This request is to amend the insurance requirement from $1,000,000.00 coverage to $100,000.00 for injury to or death of, one person, and $300,000.00 for injury to, or death of, more than one person resulting from a single accident, and $100,000.00 for damage to property, including personal belongings or baggage of passengers, as a result of one accident.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the ordinance amendment.
c. Annual Taxicab License Renewal. CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Mi. Mr. Wakefield is requesting approval of a license to operate 10 taxicabs for both Port City Cab Company and Yellow Cab Company. The Muskegon Police Department has inspected the taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of 10 taxicabs.
d. Refuse Cart Purchase 2003. PUBLIC WORKS
SUMMARY OF REQUEST: To authorize the purchase of 525 carts from Toter Incorporated for use as replacements as needed. This purchase would restock our inventory of replacements we keep on hand for damage carts. We are requesting approval for placing the order now with delivery anticipated four to six weeks. Currently the sanitation Department has 65 carts in stock.
FINANCIAL IMPACT: Unit cost per cart $42.00 (525 per truckload) = $22,050.
BUDGET ACTION REQUIRED: This purchase to be charged to the 2003 Sanitation Budget. Account #101-60523-5700 (capital outlay: equipment)
STAFF RECOMMENDATION: Staff recommends approval of the purchase.
e. Approval of Agreement with the West Michigan Criminal Justice Training Consortium. POLICE DEPARTMENT
SUMMARY OF REQUEST: Police Department staff request that the Commission approve an agreement between the City of Muskegon and Grand Valley State University (GVSU) whereby GVSU will provide training for the Muskegon Police Department through as entity known as “The West Michigan Criminal Justice Training Consortium”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
f. Use of Old City Logo. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to send a letter to allow Steve Sulley to use the old City logo for use with the Women’s Baseball Anniversary.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
i. FIRST READING: Rezoning Request for Property Located at 1750 and 1752 Seventh Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Keene Lumber Co., located 1750 and 1752 Seventh St., from R-1, Single-Family Residential to B-4, General 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 the 5/15 meeting. The vote was unanimous.
j. FIRST READING: Rezoning Request for Property Located at 986 E. Keating Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Robert Edward Hickel, located at 986 E. Keating Ave., from B-4, General Business 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 5/15 meeting. The vote was unanimous.
k. FIRST READING: Rezoning Request for Property Located at the SW Corner of Division Street & Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by P&G Holdings located at the SW corner of Division St. and Western Ave. (former Shaw-Walker complex), along with an associated parking lot across Division St., from I-2 General Industrial to I-1, Light Industrial.
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 5/15 meeting. The vote was unanimous.
l. Request for Preliminary Planned Unit Development Approval for the SW Corner of Division Street and Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development approval of the former Shaw Walker property, for a mixed-use commercial and residential development, in five phases. The request is from P&G Holdings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended preliminary approval of the PUD, with the conditions listed on the resolution, at the 5/15 meeting. The vote was unanimous.
m. Request for Final Planned unit Development Approval for Phase I of the Proposed Development at the SW Corner of Division Street and Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase I of the Planned Unit Development and associated site, and landscape plans for the former Shaw Walker complex at Division St. and Western Ave., for a mixed-use commercial and residential development. The request is from P&G Holdings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final PUD approval for Phase I and approval of the associated plans provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final approval of Phase I of the PUD and associated plans, with the conditions listed on the resolution, at their regular meeting on 5/15. The vote was unanimous.
n. Request for Amendment to Planned Unit Development for Edison Landing (Smartzone). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for Edison Landing (Smartzone), to change the locations and scale of various proposed buildings and to change use mix and quantity.
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 5/15 meeting. The vote was unanimous.
o. MML - Annual Membership Dues (7/1/03-6/30/04). CITY MANAGER
SUMMARY OF REQUEST: To obtain permission from the City Commission, in accordance with the purchasing Policies and Procedures, to pay MML Annual Membership Dues for July 1, 2003, through June 30, 2004.
FINANCIAL IMPACT:
MML Membership Dues: $ 8,689
Environmental Affairs Assessment: $ 1,043
Legal Defense Fund Membership: $ 869
Total Dues: $10,601
BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the Consent Agenda, minus items h and g.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nay: None
MOTION PASSED
2003-44ITEMS REMOVED FROM CONSENT AGENDA
g. Sale of North 20’ of Buildable Lot on Hoyt Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of portion of a vacant buildable lot described as Terrace Street Addition, North 20 feet of Lot 20, Block 3 (portion of 1938 Hoyt Street) to Lawrence and Ruby Burt, 1916 Hoyt Street, Muskegon, MI 49442. Community and Neighborhood Services owns 1938 Hoyt and is willing to sell the North 20’ of it to the adjacent property owner. Approval of this sale will allow the adjacent property owner to expand their current yard. As is required by City policy, the subject parcel is being offered for $100 to Lawrence and Ruby Burt.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize both the Mayor and the Clerk to sign the resolution and QuitClaim Deed.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the sale of a portion of a City owned buildable lot, at 1938 Hoyt St. to Lawrence and Rube Burt of 1916 Hoyt, Muskegon and to have the Mayor and Clerk sign the Resolution and QuitClaim Deed.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSED
h. Partial Termination of Lease Agreement – Nelson Park, Parcel B. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 1994, the City of Muskegon and the Roman Catholic Diocese of Grand Rapids, entered into a lease for property in the vicinity of the former St. Joseph’s Church. The City developed a neighborhood park on Parcel A. Parcel B was also included in the lease. The intention for this parcel was to be used for additional parking for the park. This parking area was never developed, and is not needed at this time. Meanwhile, St. Joseph’s Church has been demolished and the Diocese is proposing to sell the property in its entirety, including Parcel B. Since the City has no need for this parcel, staff is proposing that the City terminate the lease for Parcel B.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the “Partial Termination of Lease Agreement” and authorize the Mayor and Clerk to sign the document.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the “Partial Termination of Lease Agreement” for Parcel B with the Roman Catholic Diocese and authorize the Mayor and Clerk to sign the document.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd.
Nays: None
MOTION PASSED
2003-45 PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District - Graphics Unlimited. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Graphics Unlimited, 2304 Olthoff Drive, Muskegon, MI has requested the establishment of an Industrial Development District for property located at 2304 Olthoff Drive, Muskegon, MI.
FINANCIAL IMPACT: None until an Industrial Facilities Exemption Certificate is issued.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial Development District for Graphics Unlimited.
The Public Hearing opened at 5:46pm to hear any comments from the public. No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close the Public Hearing at 5:51pm and to approve the Resolution establishing the Industrial Development District for Graphics Unlimited.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSED
b. Amendment to Brownfield Plan – Verplank Dock Co. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting an amendment for the Brownfield Plan. The amendment is for the inclusion of property owned by Verplank Dock Co., located at 205 E. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendment, although the expansion of the current Verplank Dock Co. to the new site will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for May 27, 2003 at their April 22, 2003 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice in the Muskegon Chronicle. The Brownfield Redevelopment Authority approved the Plan amendment on April 15, 2003 and further recommends that the Muskegon City Commission approve the Plan amendment.
The Public Hearing was opened at 5:53pm to hear comments from the public. Comments were heard from Joe Burns from Verplank Dock Co.
Motion by Commissioner Spataro, second by Commissioner Buie to approve the Resolution approving and adopting an amendment for the Brownfield Plan and have the Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Buie, Gawron, Schweifler, Shepherd, Spataro
Nays: Larson, Warmington
MOTION PASSED
q NEW BUSINESS:
a. FIRST READING: Rezoning Request for Various Properties to the ‘MC’ Medical Care Zoning District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone many of the properties located on or near the three hospital campuses within the City from various zoning designations to the new “MC” Medical Care Zoning District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff originally proposed a larger area for rezoning around the Hackley Hospital area, which included the block bounded by Larch, Leahy, Laketon and Hoyt, the block bounded by Larch, Clinton, Laketon and Peck, and several properties south of Laketon Ave.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 5/15 meeting, with several changes. They voted to approve the properties on or near the Hackley Hospital campus as proposed by staff, with the exception of all properties currently zoned R-1 (block bounded by Larch, Leahy, Laketon and Hoyt, and properties south of Laketon Ave.). That motion passed, with T. Harryman and T. Michalski voting nay. They voted then to exclude all properties from the block bounded by Larch, Clinton, Laketon and Peck which are not owned by Hackley Hospital. That motion passed with B. Mazade, L. Spataro and P. Sartorius voting nay. They voted to approve the properties on or near the Mercy-General Health Partners Sherman Campus as proposed by staff, with the exception of Dr. Kakaty’s office at 2525 Roberts. That motion passed unanimously. They voted to approve the properties on or near the Mercy-General Health Partners Oak Campus as proposed by staff. That motion passed unanimously.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the ordinance to amend the zoning map of the City to provide for zoning changes for certain properties on or near the three hospital campuses within the City to the new ‘MC’ Medical Care District.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
Nays: None
Excused: Shepherd
MOTION PASSED
SECOND READING REQUIRED.
Motion by Commissioner Schweifler, second by Commissioner Spataro to go into Closed Session at 6:58pm.
ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
Nays: None
Excused: Shepherd
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Gawron to go to Open Session at 7:44pm.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
Excused: Shepherd
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:45pm.
Respectfully submitted,
Gail Kundinger, MMC