City Commission Minutes 02-27-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     FEBRUARY 27, 2007
    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 27,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Dr. Nana
Kratochvil from the Harbor Unitarian Universalist Congregation 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 Sue Wierengo, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-18 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 12th Commission
Worksession, and the February 13th Regular Commission meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display – Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a
fireworks display permit for March 3rd and 4th at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks on the day of the event. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      D. Amendment to the Zoning Ordinance – Residential Design Criteria.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design
Criteria, # 22) of Article XXIII (General Provisions) regarding vegetative ground
cover.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding vegetative ground cover.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at the February 15th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
      E. Amendment to Property Descriptions – Whitaker Electric Sub-zone.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2002 the Whitaker Electric Renaissance Zone was
expanded to include what is now Seaway Industrial Park. At that time, a list of
property descriptions and a map were submitted to the State of Michigan with
the application for approval of the expansion. It was recently discovered that
the property descriptions submitted do not match the map of intended
properties to be included in the zone. The State has informed us we may
amend these property descriptions and resubmit them, since these properties
were intended to be included within the renaissance zone.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
      G. Environmental Program Terrace 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 Diversified UG Utilities Inc. and will expire on March 31, 2007.
Included in this contract was an option to extend the agreement for one year,
expiring on March 29, 2008. The contractor has requested to exercise the one
year extension option at the current rates.
FINANCIAL IMPACT: Considering the various increases in costs it is highly likely
that a new contract bidding would result in higher pricing to the city.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Diversified UG Utilities Inc. for the special trash pick-ups along city right of ways,
as directed by environmental inspections staff.
      H. Set Public Hearing for Amendment to Brownfield Plan - Hot Rod Harley.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Muskegon Downtown
Believers, LLC, located at 149 Shoreline Drive, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on February 23, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.   In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for March 27, 2007.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented minus item C and F.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
             Nays: None
MOTION PASSES
2007-19 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Amendment to the Zoning Ordinance – Outdoor Seating. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2308 (Outdoor Seating) of
Article XXIII (General Provisions) regarding outdoor seating for restaurants and
similar uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Staff recommends amendment of the Zoning
Ordinance to add the language regarding outdoor seating.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 15th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the amendment of the Zoning Ordinance regarding outdoor seating.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      F. 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 is currently held by Freelance Enterprises Inc. and
will expire on March 29, 2007. Included in this contract was an option to extend
for one year, expiring on March 29, 2008. The contractor has indicated he
wishes to exercise the one year extension.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Freelance Enterprises for the mowing of lots and trash removal on properties
located within the City.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the environmental program mowing and trash clean-up contract.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-20 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Knollwood Court, Beach Street
         to End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Knollwood Court, Beach Street to End paving project, 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.
Furthermore, please keep in mind that the proposed special assessment district is
a benefit based special assessment since, according to the City’s assessor; the
benefit received is equal among all thirteen (13) properties abutting the street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Public comments were heard from Tom Andrews, Even & Franks, 900 Third,
representing Linda Schultz, 2877 Beach. Mr. Andrews who also resides as 2877
Beach spoke against the special assessment for both of them.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and create the special assessment district for Knollwood Court,
Beach Street to the end.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: Davis
MOTION PASSES
Mayor Warmington appointed Commissioner Davis and himself to the Board of
Assessors.
2007-21 NEW BUSINESS:
      A. Request for Technical Assistance for Housing and Urban Development
                                                   PLANNING & ECONOMIC
         Lead Abatement Grant Submittal.
         DEVELOPMENT
SUMMARY OF REQUEST: The State, through the Housing and Urban Development
Department (HUD), has grant funds available to assist with lead abatement in
houses. The grant amounts are up to $3 million. The actual grant application is
very extensive and requires technical assistance. The State has $10,000 in
technical assistance funds available if the City is willing to match that amount. It
is necessary to submit a letter to the State requesting the technical assistance.
FINANCIAL IMPACT: The State will pay for $10,000, to be matched by $10,000 of
local CDBG funds.
BUDGET ACTION REQUIRED: The CDBG budget will need to be amended to
reflect this expenditure.
STAFF RECOMMENDATION: To approve the request for technical assistance
funds from the State and authorize the Mayor to sign the letter.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for technical assistance for Housing and Urban
Development lead abatement grant submittal.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      B. Acceptance of the 2007 – 2008 Community Development Block
         Grant/HOME Recommendation from City Administration and Citizen’s
         District Council. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the recommendation of both the Citizen’s
District Council and the Administration as it relates to the 2007-2008 Community
Development Block Grant entitlement and HOME funding. The Commission is
also being asked to schedule a Public Hearing for March 13, 2007 to gather
comments from the public concerning the entitlement funding.
 It is also requested that the Commission make their preliminary
recommendations on March 13, 2007 and their final decision regarding the
funding on March 27, 2007.
After the Commission has made its final decision, the Community and
Neighborhood Services office will continue the Citizen’s Participation process
until around April 20, 2007. At this time the City will send the required
documentation to the US Department of Housing and Urban Development in
order to request the 2007-2008 funding, whose fiscal year begins June 1, 2007.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the Commissions
final decisions.
BUDGET ACTION REQUIRED: There is no budget action required at this time.
STAFF RECOMMENDATION: To accept the recommendation and set the Public
Hearing.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the recommendation of the Citizen’s District Council and administration for the
2007-2008 CDBG/HOME funding and set the Public Hearing for March 13, 2007.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      C. Real Estate Services for Seaway Industrial Park. CITY MANAGER
SUMMARY OF REQUEST: To continue the listing of the unsold property in Seaway
Industrial Park with C&A Commercial through June 28, 2007 or until the City
enters into an agreement with a developer for the property, whichever comes
first.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the listing extension and authorize the
City Manager to execute the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the real estate services for Seaway Industrial Park listing extension with C & A
Commercial.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
                            Chief Tony Kleibecker, accepted on behalf of
ANY OTHER BUSINESS:
Mohammad Al-Shatel, an Award of Excellence from the Michigan Concrete
Paving Association for the new round about in downtown Muskegon from Mayor
Warmington.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk

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