City Commission Minutes 05-22-2007

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                            MAY 22, 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, May 22,
2007.
   Mayor Warmington opened the meeting with a prayer from Dr. Gordon Aikin,
from the Central Assembly of God 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 Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Carter, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker
INTRODUCTIONS/PRESENTATION: Introduction of Mike Franzak, Planner II
2007-41 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 7th Commission
Worksession, and the May 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      C. Official Termination of Consideration of Fisherman’s Landing Land Swap
         Proposal. FINANCE
SUMMARY OF REQUEST: Discussion of the Fisherman’s Landing “land-swap” idea
has not been active for several years. However, formal action to terminate
consideration of the idea has not been taken and there is some indication that
state grant officials are uncertain of the City’s direction in this regard. To clarify
matters for the state, it is recommended the City Commission officially terminate
consideration of the Fisherman’s Landing land swap proposal and authorize staff
to send a letter to the Michigan Department of Natural Resources.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to send a letter to the Michigan
Department of Natural Resources.
      F. Use of Grant Funds Agreement – Weed & Seed. PUBLIC SAFETY
SUMMARY OF REQUEST:         The Director of Public Safety requests that the
Commission authorize the Director to enter into a Use of Grant Funds Agreement
with the Muskegon/Muskegon Heights Weed and Seed Corporation. This
agreement will designate services that the Muskegon Police Department will
provide as a member of this collaborative effort. This agreement will be
administered within the provisions of the policies and procedures set forth by the
Weed and Seed Steering Committee and the United States Department of
Justice.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
                                                                           PUBLIC
      G. Memorandum of Understanding – Justice Assistance Grant.
         SAFETY
SUMMARY OF REQUEST:         The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the 2006 Justice Assistance Grant. The money in this
grant is shared by the three entities. The $75,564 in this grant will allow for the
continuation of the community prosecution program.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
      H. Set Public Hearing for Amendment to Brownfield Plan – Sidock
         Properties, LLC. 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 Sidock Properties, LLC,
located at 379 W. Western Avenue, 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 May 15, 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 June 12, 2007.
      L. FIRST READING: Amendment to the Zoning Ordinance – R-1, One
         Family Residential Districts, Special Land Uses Permitted. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 401 (Special Land Uses
Permitted) of Article IV (R-1, One Family Residential Districts) to allow bed and
breakfast facilities as an additional special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow bed and breakfast facilities as an additional special land
use in the R-1 zoning district, with the condition that the City Commission
approve the rezoning of the H, Heritage District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
      M. FIRST READING: Amendment to the Zoning Ordinance – B-3, Central
         Business District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:             Request to amend Section 1200 (Principal Uses
Permitted # 1) of Article XII (B-3, Central Business District) to clarify allowed retail
sales.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to clarify the allowed retail uses in the B-3 zoning district, with the
condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION:               The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
      N. FIRST READING: Amendment to the Zoning Ordinance – Permitted
         Signs. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, # 8) of Article
XXIII (General Provisions) to remove the reference to the Heritage District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to the Heritage District from the sign
ordinance, with the condition that City Commission approves the H, Heritage
District rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read minus items B, D, E, I, J, K, and O.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-42 ITEMS REMOVED FROM THE CONSENT AGENDA:
      B. Resolution for Millionaire Party License. CITY CLERK
SUMMARY OF REQUEST: Nutritional Services/Meals on Wheels is requesting a
resolution recognizing them as a non-profit organization operating in the City for
the purpose of obtaining a Millionaire Party license. A Millionaire Party license is
a Las Vegas style event where bets are placed using imitation money or chips in
games associated with a gambling casino, such as Black Jack, roulette, or Texas
Hold’em. They have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMEDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
resolution for a Millionaire Party License for Nutritional Services/Meals on Wheels.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
     D. FIRST READING: Ordinance Amendment – Control and Restraint of
        Animals. CITY MANAGER
SUMMARY OF REQUEST: To amend Section 6-1 of the Code of Ordinances of the
City of Muskegon to better define the requirement to restrain animals by their
owners. The amendment now requires that all dogs and cats are on a leash no
greater than six feet (6’) in length.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed ordinance amendment.
COMMITTEE RECOMMENDATION: This proposed change was recommended at
the April, 2007 City Commission Worksession.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
ordinance amendment for control and restraint of animals.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
           Nays: None
MOTION PASSES
                                                                         CITY
     E. 2007-2008 Michigan Municipal League (MML) Membership.
        MANAGER
SUMMARY OF REQUEST: To obtain authorization from the City Commission to
remit MML annual membership dues of $9,634, in accordance with City of
Muskegon Purchasing Policies and Procedures governing expenditures
exceeding $8,000.
FINANCIAL IMPACT:   MML Membership Dues              $7,896
                    Environment Affairs Assessment   $ 948
                    Legal Defense Fund               $ 790
                    Total                            $9,634
BUDGET ACTION REQUIRED: None, expense will be applied to proper budget
line items.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
renewal membership with the Michigan Municipal League.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      O. FIRST READING: Amendment to the Zoning Ordinance – Residential
                                            PLANNING & ECONOMIC
         Parking Requirements Downtown.
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2326 (Off Street Parking, # 12)
of Article XXIII (General Provisions) to reduce the residential parking requirement
in the Downtown Parking Overlay District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to reduce the residential parking requirement in the Downtown
Parking Overlay District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the amendment to the Zoning Ordinance regarding residential parking
requirements downtown.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
            Nays: Davis
MOTION PASSES
Requires Second Reading
      I. FIRST READING: Rezoning Request for Properties Located Within the H,
         Heritage District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located within the
H, Heritage District (roughly bounded by Western Ave., Ninth St., Muskegon Ave.,
and Second St.).
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 May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Item I, J and K were voted on together.
      J. FIRST READING: Amendment to the Zoning Ordinance – Remove H,
         Heritage District Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article XX (H, Heritage Districts) to
remove the language from the Zoning Ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the language for the H, Heritage Districts, with the
condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Item I, J and K were voted on together.
      K. FIRST READING: Amendment to the Zoning Ordinance – B-3, Central
         Business, Special Land Uses Permitted. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1202 (Special Land Uses
Permitted) of Article XII (B-3, Central Business District) to allow additional special
land uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow additional special land uses in the B-3 zoning district, with
the condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the rezoning request for properties located within the H, Heritage District; the
amendment to the Zoning Ordinance to remove H, Heritage District Language;
and the amendment to the Zoning Ordinance to the B-3, Central Business,
Special Land Uses Permitted.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
             Nays: None
MOTION PASSES
2007-43 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – Re-Source
         Industries. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Re-
Source Industries, 1485 S. Getty, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1485 S. Getty,
Muskegon. The total capital investment is approximately $159,134 in personal
property. This request qualifies Re-Source Industries for a six-year exemption for
personal property. Re-Source Industries current workforce is 35.
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 six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for Re-Source Industries.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
2007-44 NEW BUSINESS:
      A. FIRST READING: Ordinance Amendment - Vehicles for Hire. CITY CLERK
SUMMARY OF REQUEST: To repeal Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Commission recommended approval at
the May 7th Worksession.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the ordinance amendment to repeal Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
Motion by Commissioner Spataro, second by Commissioner Shepherd to table
this item until the June 12th Commission Meeting.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
           Nays: None
MOTION TO TABLE PASSES
                                                            COMMISSIONERS
     B. Building Permit Moratorium - Subsidized Housing.
        DAVIS & WIERENGO
SUMMARY OF REQUEST: To consider a moratorium on building permits for
government-financed subsidized housing complexes in the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
Motion by Commissioner Davis, second by Commissioner Wierengo to approve
the moratorium.
ROLL VOTE: Ayes: Davis, Shepherd
           Nays: Carter, Gawron, Spataro, Warmington, and Wierengo
MOTION FAILS
     C. Concurrence with the Housing Board of Appeals Notice and Order to
        Demolish: PUBLIC SAFETY
        500 Amity – Area 11 REMOVED PER STAFF REQUEST
        856 Fork – Area 11
        318 Merrill – Area 10
        790 Terrace
        1178 Chestnut – Area 13
SUMMARY OR REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Shepherd, second by Commissioner Spataro to concur
with the Housing Board of Appeals notice and order to demolish 318 Merrill, 856
Fork, and 1178 Chestnut.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 790 Terrace.
ROLL VOTE: Ayes: Gawron, Spataro, and Warmington
            Nays: Wierengo, Carter, Davis, and Shepherd
MOTION FAILS
      D. Travel Writers Visit - Special Event Request. CITY MANAGER
SUMMARY OF REQUEST: Muskegon has been selected for a visit by travel writers
on June 9th. It is requested that they have an event at Pere Marquette Park and
they would like to serve alcohol (beer and wine), which is prohibited in City
parks unless approved by the City Commission.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the special event request.
ROLL VOTE: Ayes:   Spataro, Warmington, Wierengo, Davis, Gawron, and
           Shepherd
            Nays: None
            Absent: Carter (stepped out of the room)
MOTION PASSES
ANY OTHER BUSINESS:
Commissioner Shepherd thanked City Manager Bryon Mazade for his work on
the Muskegon Summer Celebration Board.
Commissioner Davis attended the West Michigan Shoreline Regional Meeting in
Baldwin. He also encouraged everyone to be an organ donor.
PUBLIC PARTICIPATION: Various comments were heard from the public.
2007-45 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session at 7:32 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Davis to go into
Open Session at 7:55 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to concur
with the City Attorney’s opinion.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:00 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk

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