View the PDF version Google Docs PDF Viewer View the Video
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 8, 2011
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, March 8,
2011.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the 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,
Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2011-14 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, February 22, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Purchasing Cards. FINANCE
SUMMARY OF REQUEST: The City has used purchasing cards since 1994 as a
means to streamline purchasing and vendor payment processes. The State of
Michigan recently negotiated its P-card program with Bank of America and is
extending the contract to other units of government through the MiDeal joint
purchasing program. The state program offers substantial benefits over our
current arrangement with 5/3 Bank:
• Higher rebates – Currently we receive a fixed 1% rebate on P-card
purchases. This rebate generates about $35,000 annually. Under the
state program, our purchasing volume is pooled with the state and other
members of the program. Currently, rebates would be about 1.38% and
would grow as additional members join the program.
• User interface – The current card management user interface is not user
friendly and has caused some staff dissatisfaction. Staff has worked
through a demonstration of the interface for the state P-card and found it
to be superior in terms of usability and functionality.
FINANCIAL IMPACT: The change will generate an estimated $13,000 in
additional rebates that will grow further as program membership increases. Staff
efficiencies will be realized from the more user-friendly P-card management user
interface. Finally, the City benefits because the state has borne the costs of the
RFP and due diligence process.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to execute documents needed to
join the state P-card program.
F. Liquor License Request for Watermark Banquet and Conference Center,
920 Washington. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Watermark Banquet and Conference
Center, LLC, 920 Washington Street to amend initial forms to Enlarge Outdoor
Service Area and Drop One Additional Bar Permit for a total of 3 bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Departments are recommending approval with
zoning issues to be worked out.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C, D, and E.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2011-15 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 1500 (Principle
Uses Permitted) of Article XV (I-2, General Industrial Districts) of the zoning
ordinance to allow medical marihuana caregiver facilities as a principal use
permitted in I-2, General Industrial Districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their February 10th meeting.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the amendment to the zoning ordinance as presented regarding
medical marihuana facilities.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
D. Application for Special License (Liquor Control Commission). PUBLIC
SAFETY
SUMMARY OF REQUEST: The Muskegon Museum of Art has submitted an
application for a Special License for Beer, Wine and Spirits for Consumption on
the Premises for the following events:
• Reception April 29, 2011
• Gala Dinner June 11, 2011
• Reception November 18, 2011
The Museum meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any
special license request which includes spirits must be considered and approved
by the body.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has no recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the application for special liquor license for the Muskegon Museum of Art but not
include the request for spirits for consumption so that we are consistent with our
other special liquor license requests.
ROLL VOTE: Ayes: Spataro
Nays: Warmington, Wierengo, Wisneski, Carter, Gawron, and
Shepherd
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the application for a special liquor license for the Muskegon Museum of Art
which includes beer, wine and spirits.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
E. Request from Consumers Energy for Easements. ENGINEERING
SUMMARY OF REQUEST: Consumers Energy Company is seeking four easements
from the City of Muskegon for its Muskegon-Cobb #1 and #2 line relocation
projects. The project objective is to relocate five High Voltage Distribution lines
that currently exist in the wetlands area East of Consumers Energy’s Cobb
Generation Plant, to a location out of a wetlands area. This is being done to
facilitate access, which could reduce the size and duration of the outages,
should an event in the area damage these lines. Access is currently limited, due
to changing environmental restrictions.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request from Consumers Energy for the Easements as described.
Motion by Commissioner Spataro, second by Commissioner Wierengo to amend
motion to include the requirement for staff and attorney review before the Mayor
and City Clerk sign the easements.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2011-16 PUBLIC HEARINGS:
A. Request to Repeal Existing Historic Preservation Ordinance. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to repeal Chapter 38, Article II of
the Code of Ordinances of the City of Muskegon. The ordinance will be
replaced with an updated version.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To repeal the existing ordinance.
COMMITTEE RECOMMENDATION: The Historic District Commission
recommended to repeal the current ordinance at their February 1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request to repeal the existing historic
preservation ordinance.
ROLL CALL: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Request to Amend Chapter 38, Article III of the Code of Ordinances,
Historic District Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 38, Article III of
the City Code of Ordinances to approve a new historic preservation ordinance.
The new ordinance will meet the State of Michigan Historic Preservation Office
standards and make Muskegon historic district residents eligible for historic
building restoration tax credits.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed ordinance.
COMMITTEE RECOMMENDATION: The Historic District Commission
recommended to approve the new historic district ordinance at their February
1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and approve the request to amend Chapter 38, Article III of
the Code of Ordinances, Historic District Ordinance.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
C. Amendment to the City Code of Ordinances – Medical Marihuana
Regulation and Licensing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 34, Article IV of
the Code of Ordinances to regulate and license certain aspects of medical
marihuana cultivation, use and distribution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance amendment.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from David Keenan, 4255 Squaw Creek Trail,
Muskegon; Jarred Foster, 10954 Mt. Ash Avenue, Grand Rapids; and Attorney
Kevin Wester and Derek Antol, Greater Michigan Compassion Club, 1504
Montgomery.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing and approve the amendment to the City Code of Ordinances
regarding medical marihuana regulation and licensing.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, and
Carter
Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
D. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 22,
2011, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Jennifer Osborn, 3125 Tule Street NW,
Grand Rapids from CJ’s on the Beach.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the recommendation as presented for annual
renewal of liquor licenses.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2011-17 UNFINISHED BUSINESS:
A. SECOND READING: Amendment to the Zoning Ordinance – Outdoor
Lighting. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331
(Landscaping, Fencing, Walls, Screens and Lighting) of Article XXIII (General
Provisions) of the zoning ordinance to modify the guidelines on outdoor lighting.
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 February 10th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the amendment to the Zoning Ordinance affecting outdoor lighting.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
B. SECOND READING: Rezoning Request for the Property Located at 1221
W. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to rezone the property at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District
to R-1, Single Family Residential District.
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 February 10th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the rezoning request for the property located at 1221 W. Laketon Avenue from
RM-2 to R-1.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
Spataro
Nays: Wisneski
MOTION PASSES
2011-18 NEW BUSINESS
A. Five-Year Consolidated Plan. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To allow CNS staff to publish a summary of the 2011–
2016 City of Muskegon Five-year Consolidated Plan for citizen review for not less
than 30 days. A public notice will solicit comments on our proposed plan.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: We are requesting to direct the CNS office to publish
a summary of the 2011-2016 City of Muskegon Five-year Consolidated Plan.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct the
CNS office to publish a summary of the 2011-2016 City of Muskegon Five-year
Consolidated Plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:31 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Sign up for City of Muskegon Emails