City Commission Minutes 10-25-2005

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 25, 2005
    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 25,
2005.
    Mayor Warmington opened the meeting with a prayer from Commissioner
Gawron 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 Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-96 HONORS AND AWARDS:             Battalion Chief Ken Chudy presented
Commissioner Clara Shepherd with a Certificate of Appreciation for
participating in the demonstration rescue capabilities on September 26, 2005.
2005-97 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 10th Commission
Worksession and the October 11th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Approval of Neighborhood Enterprise Zone Certificate for 362 W.
         Muskegon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Millie Ortiz and Kenneth Richardson to
rehabilitate a home in the Nelson Neighborhood at 362 W. Muskegon Avenue.
The home is located in a Neighborhood Enterprise Zone. The application states
that the estimated cost for rehabilitation will be between $3,000 to $6,000 to
replace approximately twelve (12) windows with replacement windows with
wood framing inside and out.        The applicant has met local and state
requirements for the issuance of the NEZ certificate. Approval or denial by the
City Commission is required within 60 days of the application date and must be
forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 6
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
      C. FIRST READING: Zoning Ordinance Amendment for MC, Medical Care
         Districts. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #5.) of Article
XXIII (General Provisions) to amend the sign ordinance language to add MC,
Medical Care district zones to “Permitted signs in the B-2, B-3, B-4, B-5, I-1, and I-2
zones” section.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the sign ordinance language regarding MC, Medical
Care districts.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 10/13/05 meeting.            The vote was
unanimous in favor of the amendment, with B. Smith, and T. Johnson absent.
      D. FIRST READING:        Rezoning Request for Properties Located at
         987,953,905, 895, 885, & 875 Keating Avenue; 2010, 2020, & 2040 S.
         Getty Street; 950 E. Delano Avenue; and 1020 & 900 E. Barney Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 987, 953, 905,
895, 885, & 875 E. Keating Avenue; 2010, 2020, & 2040 S. Getty Street; 950 Delano
Avenue; and 1020 & 900 E. Barney Avenue from I-2, General Industrial to I-1,
Light Industrial.
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 10/13/05 meeting. The vote was unanimous with
B. Smith and T. Johnson absent.
      E. FIRST READING:    Rezoning Request for Property Located at 2033
         Lakeshore Drive. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:         Request to rezone property owned by the City of
Muskegon, located at 2033 Lakeshore Drive, from RM-1, Low Density Multiple-
Family Residential to B-2, Convenience and Comparison Business.
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 10/13/05 meeting. The vote was unanimous with
T. Johnson and B. Smith absent.
      F. FIRST READING: Zoning Ordinance Amendment for Antique Shops.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2,
Convenience and Comparison Business Districts) to add antique shops, under
Special Land Uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add antique shops to the B-2, Convenience and Comparison
Business zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 10/13/05 meeting. The vote was unanimous with
T. Johnson and B. Smith absent.
      G. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions)
         of the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a
definition for “Antique Shop”.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add a definition for “Antique Shop”.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their 10/13/05 meeting.           The vote was
unanimous in favor of the amendment with B. Smith and T. Johnson absent.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
            Nays: None
MOTION PASSES
2005-98 PUBLIC HEARINGS:
     A. Spreading of the Special Assessment Roll for Clay Avenue, Terrace to
        Spring. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Clay Avenue, Terrace Street to Spring Street; and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $37,383.25 would be spread against the
seventeen (17) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:44 p.m. and approve the special assessment roll and adopt
the resolution for Clay Avenue, Terrace to Spring.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
           Nays: None
MOTION PASSES
     B. Spreading of the Special Assessment Roll for Fair Avenue, Torrent to
        Addison. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Fair Avenue, Torrent Street to Addison Street; and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $18,028.40 would be spread against the twenty-
five (25) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:46 p.m. and approve the special assessment roll and adopt
the resolution for Fair Avenue, Torrent to Addison.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
            Spataro
            Nays: None
MOTION PASSES
      C. Spreading of the Special Assessment Roll for Park Street, Young to
         Laketon. ENGINEERING
ITEM C - Staff has requested that this Public Hearing be postponed. Property
owners have been notified by letter.
      D. Request for an Industrial Facilities Exemption Certificate - ReSource
         Industries. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
ReSource 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 $159,400 in personal
property. This request qualifies ReSource Industries for a 6-year exemption for
personal property. ReSource Industries current workforce is 42.
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 (6) years for personal property.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments
from the public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 5:49 p.m. and approve the request for an Industrial Facilities
Exemption Certificate for ReSource Industries.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
      E. Resolution for Class C Liquor License for Ciggzree Morris. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on the request for a Class C
Liquor License for Ciggzree Morris. The request is necessary due to a lack of
available liquor licenses in the City of Muskegon. The Liquor Control Code allows
for additional liquor licenses within Downtown Development Authority Districts
under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing but delay action on
approval, since the Downtown Development Authority has not yet approved the
resolution.
COMMITTEE RECOMMENDATION: The Downtown Development Authority was
scheduled to meet on October 18, 2005, but did not have a quorum.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:56 p.m. and defer action until the meeting in November.
MOTION PASSES
2005-99 NEW BUSINESS:
      A. Donation Program for 2005 Individual Income Tax Returns – D.A.R.E.
         Program. INCOME TAX
SUMMARY OF REQUEST: Approval to use the donations from the 2005 income
tax returns to be designated to the D.A.R.E. (Drug Abuse Resistance Education)
program. Income tax refunds voluntarily donated from taxpayers will go to the
City of Muskegon Police Department to help fund the D.A.R.E. program.
FINANCIAL IMPACT: The average amount collected each year is $2,500.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the donations from the 2005 income tax returns to the D.A.R.E. program.
ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, and Larson
            Nays: None
            Absent: Warmington and Shepherd (stepped out of the room)
MOTION PASSES
      B. Social Security Privacy Policy. INCOME TAX
SUMMARY OF REQUEST:           The adoption of a policy which protects the
confidentially of social security numbers, as required by State of Michigan’s
Social Security Act (Act 454 of 2004).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Social Security Privacy Policy.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
     C. Approval of Sale of City-Owned House at 265 Walton. COMMUNITY &
        NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sale transaction
between Mr. Johnnie Tanner for the new Infill home at 265 Walton. The home is
part of the Operation Walton Renaissance AKA Hill Top View, which is a joint
project between the City of Muskegon, Fifth Third Banks and Neighborhood
Investment Corporation. Mr. Tanner’s purchase price is $135,000 with a subsidy
of $40,000. The land where the new home now stands is a former Urban
Renewal area overlooking the City’s Farmers Market. Operation Walton
Renaissance AKA Hill Top View is an example of the City of Muskegon’s
continued efforts to redevelop its urban neighborhood.
FINANCIAL IMPACT: The program income from the sale will be deposited into
the City’s Home fund for future activity.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:       Approval of the resolution and the sale of 265
Walton to Mr. Tanner.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of the City-owned house at 265 Walton to Mr. Tanner.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
           Nays: None
MOTION PASSES
     D. Approval of Quit Claim for the Purchase of the City-Owned House at
        510 Creston Street. COMMUNITY & NEIGHBORHOOD SERVICES
ITEM D - REMOVED FROM AGENDA PER REQUEST OF STAFF.
     E. Approval of Sale of Infill Home at 747 Marcoux.       COMMUNITY &
        NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Mayor and
City Clerk to sign the quit-claim deed and direct the Community and
Neighborhood Services office to complete the purchase between Ms.
Shavonda Johnson and the City of Muskegon for the property located at 747
Marcoux. Ms. Johnson’s purchase price is $118,821 with a subsidy of $38,921.
The house at 747 Marcoux is the last of the former Turn-Key 3 sites that were
demolished as a part of the City’s blight fight efforts. The new home is another
example of the City’s aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The program income derived from this sale will be used for
future HOME activities.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:        To approve the resolution and the sale of 747
Marcoux to Ms. Johnson.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the sale of the infill home at 747 Marcoux to Ms. Johnson.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
      F. Budgeted Vehicle Purchases. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST:       Approval to purchase six Taurus sedans from Great
Lakes Ford.
FINANCIAL IMPACT: Total cost $71,808.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the purchase of six Taurus sedans from Great Lakes Ford.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
      G. Hartshorn Marina Renovation Project - Bids Award. LEISURE SERVICES
SUMMARY OF REQUEST: Due to an irregularity in the bid document, and per
consultation with and recommendation from the State of Michigan Department
of Natural Resources (DNR), it is recommended that the Commission reject both
bids and re-bid the project.
FINANCIAL IMPACT: Funding source for this project is a $1 Million grant from the
DNR with an equivalent $1 Million match from the City of Muskegon.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To re-bid the project.
Motion by Vice Mayor Larson, second by Commissioner Spataro to reject the
bids and re-bid the project.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
             Nays: None
MOTION PASSES
      H. Selection of Architect - Central Fire Station. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the design of a new
Central Fire Station. Ten (10) proposals were received. These proposals were
reviewed by the Project Team consisting of Mr. Bryon Mazade, Mr. Tim Paul,
Deputy Director Mark Kincaid, and Tony Kleibecker. Generally, we evaluated
the firms’ experience and background in the design of fire stations, their ability
to work with staff as part of a team, their vision for our station and their initial cost
estimate.
Based upon our review, we are recommending that the following two (2) firms
be selected as the architects for this project:
      (1)    Hooker DeJong of Muskegon, Michigan
      (2)    Cole & Russell Architects of Cincinnati, Ohio
Hooker DeJong is an established downtown business that has been involved in
numerous projects throughout our community. They are keenly aware of the
importance of our downtown development and have an established
relationship with city staff.
Cole & Russell have been involved in the design of over 60 fire facilities
throughout the country. Their proposal included examples of the most cost-
efficient use of space, energy-efficient design methods and built-in training
features. While staff from Cole & Russell will be directly involved in the design
process, they are also experienced in working with local architectural firms. Both
firms have agreed to serve as co-architects on this project.
FINANCIAL IMPACT: The proposed fee for this project, subject to negotiation, is
7% of construction costs. This fee will be split between the two firms, per an
agreement to be reached by them.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the request to designate Hooker DeJong of Muskegon and Cole & Russell
Architects of Cincinnati as the co-architects for the Central Fire Station.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
PUBLIC PARTICIPATION: Comments were heard from Judy Meisch and Lyle Day.
ADJOURNMENT: The City Commission Meeting adjourned at 6:55 p.m.


                                       Respectfully submitted,




                                       City Clerk
                                       Gail A. Kundinger, MMC

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