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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 9, 2010
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, MI at 5:30 p.m., Tuesday, November 9, 2010.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon 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.
2010-92 HONORS AND AWARDS:
A. 2010 Employee Service Awards. CIVIL SERVICE
David Wendtland, Civil Service Commissioner, introduced the City employees.
The Mayor and Commissioners thanked them for their years of service.
2010-93 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission Meeting
that was held on Tuesday, October 26, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
PUBLIC
B. Contractual Agreement – Michigan Department of State.
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement with the Michigan Department of State whereby the
Department of State will provide driver, vehicle, and related information to the
City. The purpose for entering into this agreement is to assist code enforcers with
obtaining accurate information to meet district court requirements when
completing civil infraction citations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
C. Liquor License Request – Ingalls Business Acquisition, Inc., 555 W.
Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Ingalls Business Acquisition, Inc., 555 W.
Western (Mikes Inn) for a New Entertainment Permit to be held in conjunction
with 2010 Class C Licensed Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
E. Fireworks Display Permit. CITY CLERK
SUMMARY OF REQUEST: Lisa Lohman, Performers of the U.S., is requesting
approval of a fireworks display permit for November 17th at the Muskegon
Lumberjacks game. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks and approval
of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
F. Transmittal of 6/30/10 Comprehensive Annual Financial Report.
FINANCE
SUMMARY OF REQUEST: The City's 6/30/10 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. This audit
covers the six month transition period that was needed for the City to change its
fiscal year. At this time the CAFR is being formally transmitted to the Commission
in accordance with state law. The CAFR has been prepared in accordance with
GASB accounting standards. The CAFR also includes the single-audit of federal
grants received by the City.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial
activities for the six-month transition period and includes the independent
auditor’s unqualified opinion on the City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the CAFR for the period ended
6/30/10.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item D.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2010-94 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Liquor License Request – Carlie & Tracy’s Saugatuck Breeze, LLC, 151
Shoreline Drive. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Carlie & Tracy’s Saugatuck Breeze, LLC for
a New Resort Class C License to be issued under MCL 436.1531(3) with
Entertainment Permit, Outdoor Service (1 Area), New Dance Permit, Official
Food, and Three Additional Bar Permits (Total of 4) to be located at 151
Shoreline Drive.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the liquor license request for Carlie & Tracy’s Saugatuck Breeze, LLC, 151
Shoreline Drive.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-95 PUBLIC HEARING:
A. Request for an Industrial Facilities Exemption Certificate – Fleet
Engineers. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Fleet
Engineers, 1800 E. Keating Ave., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company plans on making investments
of $1,145,863 in personal property improvements and $517,157 in real property
improvements. Under the City’s IFT policy, they are eligible for a twelve-year
abatement on real property and a six-year abatement on 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 twelve years on real property and
six years on personal property.
The Public Hearing opened to hear and consider any comments from the
public. Wes Eklund, 481 Seminole, President of Fleet Engineers answered
questions from the Commission. No public comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of twelve years on real property and six years
on personal property for Fleet Engineers.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
Shepherd
Nays: None
MOTION PASSES
2010-96 UNFINISHED BUSINESS:
A. SECOND READING: Amendments to the Zoning Ordinance – Modify
Parking Restrictions. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326 (Off-Street
Parking and Loading) of Article XXIII (General Provisions) to modify parking
restrictions in the downtown parking overlay district. The amendment would
loosen the parking restrictions for small businesses that locate in to a previously
existing building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 14th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the amendments to the Zoning Ordinance to modify parking restrictions.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2010-97 NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 940 Wood. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Mr. Kenneth Baird for the totally rehabilitated home at 940 Wood, which is part
of the City’s Neighborhood Stabilization Program through the Michigan State
Housing Development Authority Office of Community Development. Mr.
Kenneth Baird’s purchase price is $48,500 with a subsidy of not more than
$15,000.
Our beautiful four bedroom, two and one-half bath home was previously
blighted and visibly an eye-sore for the neighbors. As a part of the City’s
continuous neighborhood redevelopment efforts, the house was purchased by
the CNS office from the Land Bank with NSP funds and completely rehabilitated
with a newly constructed garage all funded with NSP dollars.
FINANCIAL IMPACT: The proceeds from the sale will be used to cover any extra
costs associated with this rehab and to sustain our current investments under
NSP program activities. Program income funds will be posted in MSHDA’s OPAL
reporting system for the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the sale of the City-owned home at 940 Wood Street and direct the
CNS staff to complete the sale.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Rezoning Request for the Property Located at 1823 Commerce Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1823 Commerce
from B-4, General Business District to B-5, Governmental Service District, by West
Michigan Therapy. The applicant would like to run a Transitional Living Center at
this location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 14th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the rezoning request for the property located at 1823 Commerce Street.
ROLL VOTE: Ayes: Shepherd, Warmington, Wierengo, Wisneski, and Carter
Nays: Spataro and Gawron
MOTION PASSES – REQUIRES SECOND READING
C. Master Contract for the Muskegon County Wastewater System. CITY
MANAGER
SUMMARY OF REQUEST: To consider approving the proposed Master Contract
for the Muskegon County Wastewater System. This contract would replace the
1970 Access Rights Agreement and the 1998 Amended Service Agreement.
FINANCIAL IMPACT: The contract will be the basis for determining the
wastewater rates charged to the City for the next 20(+) years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
resolution as presented.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
D. Muskegon Summer Celebration Request. CITY MANAGER
SUMMARY OF REQUEST: Muskegon Summer Celebration is requesting to pay for
City services rendered in 2010, over the next three years (2011-2013) in equal
installments.
FINANCIAL IMPACT: $70,621.50 is owed.
BUDGET ACTION REQUIRED: The 2010-2011 Budget would need to be amended
to reflect this change.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Muskegon Summer Celebration request.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:53 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk