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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 9, 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, January 9,
2007.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from Evanston Avenue Baptist Church 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 Lawrence Spataro, Sue Wierengo, Chris Carter, and Kevin Davis,
City Manager Bryon Mazade, City Attorney John Schrier, and Acting City Clerk
Linda Potter. Commissioner Clara Shepherd arrived at 5:33 p.m.
2007-02 HONORS AND AWARDS:
A. Muskegon Big Reds. Mayor Warmington presented Muskegon Big Reds
Coach Parker with a street sign in recognition of their 2006 Division 2 Football
State Championship.
2007-03 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 11th Commission
Worksession, the December 12th Regular Commission Meeting, and the
December 28th Special Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License – Muskegon Area Chamber
of Commerce. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Area Chamber of Commerce is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
C. Liquor License Request – Dockers Restaurant LLC. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Dockers Restaurant LLC to transfer
ownership of the 2006 Class C Licensed Business with Dance-Entertainment
Permit, held in escrow, from Dockers, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval
contingent upon final inspection.
D. SECOND READING: Amend City Ordinance 10-135 Removal of
Materials. PUBLIC SAFETY
SUMMARY OF REQUEST: On occasion each year Public Safety Division staff is
asked to waive the portion of the ordinance that addresses the removal of
below grade materials. This is generally associated with a project where the
removal is extremely costly and where acceptable options are available.
In order to streamline this process, staff is asking the Commission to amend
Section 10-135 of the Code of Ordinances regarding the removal of materials
during demolition. The amendment would allow the City Manager to waive all
or part of the ordinance regarding the removal of below grade materials. Such
waiver requests would include a review by the City Engineer.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the amended language.
G. FIRST READING: Zoning Ordinance Amendment – Appointment of
PLANNING & ECONOMIC
Zoning Board of Appeals Members.
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501 (Creation and
Membership, paragraph 1) of Article XXV (Zoning Board of Appeals) regarding
the appointment of successor ZBA members within one month after the term of
the preceding member has expired.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding the appointment of successor
ZBA members.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 14, 2006, meeting. The vote was
unanimous with T. Harryman, B. Smith, and T. Michalski absent.
H. Extending the Deadline for Taking Action on Proposed Mall Historic
District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 21, 2004,
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. City Commission extended this deadline for one
year in January of 2005 and again in January 2006. Because that deadline will
expire shortly, staff is requesting that the City Commission extend the deadline
for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
I. Sale of Reversionary Interest of Unbuildable Lot Adjacent to 686
Marquette to the New Owner. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the reversionary interest of the
unbuildable lot adjacent to 686 Marquette to Baymark Homes, LLC. The
property was originally sold to Charles and Lisa Hippchen and the bank (Wells
Fargo Bank NA) foreclosed on the home. Due to the reversionary clause in the
quit claim deed, the property reverts back to the City. Baymark Homes, LLC has
since bought the home at 686 Marquette and has paid the fee for the
unbuildable lot.
FINANCIAL IMPACT: The sale of the reversionary interest of the unbuildable lot to
Baymark Homes, LLC will keep the property intact and the City will not be
responsible for the maintenance.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
J. Special Event Application - Muskegon Air Fair. LEISURE SERVICES
SUMMARY OF REQUEST: The Muskegon Air Fair is requesting to host a Marti Gras
Fundraiser on February 17, 2007, to be held at the Greater Muskegon Woman’s
Club. They are requesting to stop selling drink tickets at 11:30 p.m., stop pouring
beverages at 12:00 a.m., and have the area cleaned up by 12:30 a.m. The
Leisure Services Special Event Policy section II, item f states: For Alcohol events,
the applicant shall agree to stop selling drink tickets at 10:30 p.m., stop pouring
beverages at 11:00 p.m., and have the area cleaned up by 11:30 p.m.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approved by Tony Kleibecker, Director of Public
Safety.
K. Appointment to the Civil Service Commission. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: To appoint David-George Newsome to the Civil Service
Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as read minus items E and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2007-04 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a service agreement with Professional Med Team (Pro-Med) to
provide a paramedic for the purpose of performing a blood draw, when
needed, of suspected intoxicated drivers. The paramedic will be dispatched
directly to the jail to perform the draw. This service will be utilized by all law
enforcement agencies within Muskegon County. Pro-Med is located within the
City.
FINANCIAL IMPACT: This agreement will reduce the cost of a blood draw from
the current rate of $120 (area hospital) to $75.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
(Voted with item F.)
F. Support Agreement - Internet Crimes Against Children Task Force.
PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a cooperative agreement with the United States Department of
Justice Internet Crimes Against Children Task Force and the Michigan State
Police. The agreement will result in the formation of a multi-agency work group
intended to combat crimes committed against children through the use of the
internet.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Service Agreement with Professional Med Team Inc. and the Support
Agreement for the Internet Crimes Against Children Task Force.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2007-05 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Ameriform
Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Ameriform Inc., 1790 Sun Dolphin, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1790 Sun Dolphin
Drive, Muskegon. The total capital investment is approximately $4,800,700 with
$1,123,000 in real property and $3,677,700 in personal property. This request
qualifies Ameriform Inc. for a term of 12 years for real property and 9 years for
personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 9
years for personal property.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:55 p.m. and approve the Industrial Facilities Exemption
Certificate for Ameriform Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2007-06 UNFINISHED BUSINESS:
A. Approval of Contract for Payments in Lieu of Taxes for Renaissance
Place. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A contract providing for a Payment in Lieu of Taxes for a
proposed senior housing development known as Renaissance Place LDHA LP,
has been requested in accordance with Section 2-6 of the City Code of
Ordinances. The property is located at 552 & 570 W. Clay Avenue. The
applicant, Mr. Karl Chew, is planning to develop 23 senior citizen units, and one
market rate unit (total of 24 units). The Commission and staff have requested
that Mr. Chew increase the number of market rate apartments in the
development, but Mr. Chew has declined to make adjustments, citing financial
reasons.
FINANCIAL IMPACT: Payments under the contract are proposed at 10%.
However, the first 1 – 6 years no taxes will be paid as the property is within a
Renaissance Zone. The payments will be made between years 7 -15.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The desire for additional market rate units remains. If
the developer is unwilling to make any further adjustments, the Commission can
either deny or approve the contract. If the Commission approves the contract,
the Mayor and Clerk should be authorized to execute the contract on behalf of
the City.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the contract for Payments in Lieu of Taxes for Renaissance Place.
ROLL VOTE: Ayes: Carter, Shepherd, and Warmington
Nays: Davis, Gawron, Spataro, and Wierengo
MOTION FAILS
2007-07 NEW BUSINESS:
A. Transportation Improvements Program Submittal for: 2008-2011 and
Long Range Plan Projects. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West
Michigan Shoreline Regional Development Commission for inclusion in the FY
2008-2011 Transportation Improvement Program (TIP). Projects submitted will be
considered for Federal and State transportation funding. Adoption of the
resolution is required as part of the submittal to commit the local match should
grants become available.
FINANCIAL IMPACT: None at this time; however, a local match will be required
should we receive a grant for a particular project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the project submittal and resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Transportation Improvements Program submittal for 2008-2011 and long-
range plan projects.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: None
Absent: Wierengo (stepped out of the room)
MOTION PASSES
B. Lakeside Business Area Plan Endorsement. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to endorse the Lakeside Area Business Plan,
with recommendations.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends endorsing the plan, with the
recommendations provided by Planning Commission.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
endorsing the plan, with specific recommendations, at their December 14, 2006,
meeting. The vote was unanimous with B. Smith, T. Michalski, and T. Harryman
absent.
Motion by Vice Mayor Gawron, second by Commissioner Carter to endorse the
Lakeside Business Area Plan with the recommendations.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:27 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk