City Commission Minutes 10-27-2009

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 27, 2009
    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, October 27, 2009.
Mayor Warmington opened the meeting with a prayer from Pastor Jeffery
Hough from the Angel Community 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,
Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2009-87 HONORS AND AWARDS:
      A. 2009 Employee Service Awards. CIVIL SERVICE
David Newsome, Civil Service Commissioner, introduced the City employees.
The Mayor and Commissioners thanked them for their years of service.
2009-88 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 12th Commission
Worksession, and the October 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Donation Program for 2009 Individual Income Tax Returns. INCOME
         TAX
SUMMARY OF REQUEST: Approval of multiple donation programs for the 2009
income tax returns. Every year our goal is to increase the number of refunds
donated to our designated programs. Last year, 503 taxpayers donated their
refunds to our donation programs for a grand total of $2,540.
For 2009 the three donation programs are Lakeshore Trail Improvements,
Muskegon Recreational Center, and the Downtown Main Street.
FINANCIAL IMPACT: The average amount collected each year is $2,000. Each
donated refund saves the City approximately $1.00 in check fees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      C. Request to Amend Encroachment Agreement #2007-23(k) – E. Western
         and Marquette. ENGINEERING
SUMMARY OF REQUEST: WSP on behalf of Federal-Mogul is requesting your
permission to amend agreement # 2007-23(k) to install two additional monitoring
wells in the public R-O-W of E. Western and Marquette bringing the total to four
wells at that location. The request was made through the letter dated October
9, 2009, and an encroachment agreement form.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions.
      D. Rezoning Request for Properties Located at 400 & 410 W. Laketon
         Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 400 and
410 W. Laketon Avenue, from B-4, General Business District to RM-1, Medium
Density Multiple Family Residential District.
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 October 15th meeting. The vote was unanimous
with T. Harryman absent.
      F. Amendment to the Zoning Ordinance – Adding Wind Turbine Facilities
                                                            PLANNING &
         as Special Uses in Business and Industrial Zones.
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101, # 14, of Article XI,
Section 1201, # 11 of Article XII, Section 1301, # 13 of Article XIII, Section 1306, # 6
of Article XIII, Section 1401, # 7 of Article XIV, Section 1501, # 5 of Article XV, to
allow “Wind Turbine Facilities” as special land uses in B-2, B-3, B-4, and B-5
business zoning districts and I-1 and I-2 industrial zoning districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to include “Wind Turbine Facilities” as special land uses in business
and industrial zones.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 15th meeting. The vote was unanimous
with T. Harryman absent.
      G. Revocation of a Neighborhood Enterprise Zone Certificate for 1709
         Pine. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Sabrina Petty is in violation of Sec. 207.781 sec. 11
subsection (4) which states:
      If the owner of the facility fails to make the annual payment of the
      neighborhood enterprise zone tax and the ad valorem property tax
      on the land under the general property tax act, 1893 PA 206, MCL
      211.1 to 211.157, the commission by order shall revoke the
      certificate. However, if payment of these taxes is made before the
      revocation is effective, the commission, upon application of the
      owner, shall rescind the order of revocation. If payment of these
      taxes and any subsequent ad valorem property tax due on the
      facility is made after revocation of the certificate, the commission,
      upon application of the owner, shall reinstate the certificate for the
      remaining period of time for which the original certificate would
      have been in effect.
Sabrina Petty has failed to pay 2009 taxes for the property located at 1709 Pine
Street whose parcel numbers are 24-205-298-0020-00 and 24-946-097-0049-00.
Approval or denial by the City Commission is required and must be forwarded to
the State Tax Commission. Staff sent the owner a letter informing them on
September 21, 2009, giving them until October 2, 2009, to pay the taxes. A
second letter was sent out on October 15, 2009, giving them until October 18,
2009, to pay the taxes or this would go before the City Commission on October
27, 2009, for revocation of the certificate. They remain unpaid.
FINANCIAL IMPACT: The property will no longer be able to take advantage of
the certificate number 97-049 which allowed taxation at 50% of the State
average for a stated number of years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve revocation of the NEZ certificate and have
the Mayor and City Clerk sign the resolution and submit it to the State Tax
Commission.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2009-89 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Vacation of the Southerly 159.5 feet of the Alley Bounded by W. Forest
         Avenue, Sixth Street, W. Southern Avenue and Fifth Street. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the southerly 159.5 feet of the
alley in the City of Muskegon Revised Plat of 1903, Block 427, bounded by W.
Forest Avenue, Sixth Street, W. Southern Avenue and Fifth Street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the alley with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their October 15th meeting, with the condition that all
utility easement rights be retained. The vote was unanimous with T. Harryman
absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the vacation of the southerly 159.5 feet of the alley bounded by W. Forest
Avenue, Sixth Street, W. Southern Avenue and Fifth Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
2009-90 PUBLIC HEARINGS:
      A. Completion of Neighborhood of Choice and Blight Elimination in
         Downtown Muskegon CDBG Grants. FINANCE
SUMMARY OF REQUEST: To hold a required public hearing for the purpose of
receiving public comments on the completion of Neighborhood of Choice and
Blight Elimination in Downtown Muskegon grants. Both grants were funded
through Community Development Block Grant and were administered through
Michigan Economic Development Corporation.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To hold the public hearing to provide for public
comment.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the completion of Neighborhood of Choice and
Blight Elimination in Downtown Muskegon Community Development Block
Grants.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2009-91 NEW BUSINESS:
      A. Revocation of Eight Industrial Facility Tax Exemption Certificates for
         Sappi Fine Paper. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the eight current Industrial Facility Tax Exemption
Certificates for Sappi Fine Paper at 2400 Lakeshore Drive be revoked. The
industrial activity for which the certificate was granted is no longer in production
at this location.
FINANCIAL IMPACT: The business will now be charged the full tax rate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT’s.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the revocation of eight Industrial Facility Tax Exemption Certificates for Sappi
Fine Paper.
ROLL VOTE: Ayes:     Gawron, Shepherd,         Spataro,   Warmington,    Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
      B. Revocation of Industrial Facility Tax Exemption Certificate for RC
         Productions. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the Industrial Facility Tax Exemption Certificate
for RC Productions at 1756 Lakeshore Drive be revoked. The industrial activity for
which the certificate was granted is no longer in production at this location.
FINANCIAL IMPACT: The business will now be charged the full tax rate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the revocation of the Industrial Facility Tax Exemption Certificates for RC
Productions at 1756 Lakeshore Drive.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
2009-92 ANY OTHER BUSINESS: Commissioner Spataro stated that the October
12th issue of Nation’s Cities Weekly had an article reference the CED Committee
Meeting which was held in the City of Muskegon.
Mayor Warmington requested information from staff for the December
Worksession reference mutual aid for Muskegon Heights.
Attorney David Campbell spoke reference the liquor license for Walgreens at
840 W. Sherman.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
reconsider the liquor license request for Walgreens at 840 W. Sherman.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the liquor license request for Walgreen Company at 840 W. Sherman.
ROLL VOTE: Ayes: Gawron, Shepherd, and Spataro
            Nays: Warmington, Wierengo, Wisneski, and Carter
MOTION FAILS
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk

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