View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 26, 2008
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, August 26,
2008.
Mayor Warmington opened the meeting with a prayer from 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2008-74 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the August 11th Commission
Worksession, and the August 12th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Geographic Information Systems Basic Level of Service Inter-
Governmental Agreement between the City of Muskegon and County
of Muskegon. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Geographic Information Systems (GIS)
Basic Level of Service Inter-Governmental Agreement between the City of
Muskegon and County of Muskegon and authorize the first installment payment
to be paid January 2009 (due to the fact the City’s and County’s budget years
are different). The contract is a five-year contract with the first year’s payment
to be paid in the amount of $11,572.56. By entering into this agreement, it will
provide the City with daily updated parcel and ownership information. It will
also save the City money due to decreasing the duplication of public services.
FINANCIAL IMPACT: To be paid out of the GIS Fund during the 2009 budget
year.
BUDGET ACTION REQUIRED: To ensure funds are included in the 2009 budget.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and agreement.
C. Appointment of Representative and Alternate Representative to
Muskegon Central Dispatch Board of Directors. CITY MANAGER
SUMMARY OF REQUEST: To appoint the City Manager as representative for the
City of Muskegon to serve as a director on the Muskegon Central Dispatch
Board of Directors and to appoint the Director of Public Safety as an alternate
representative.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the City Clerk
to provide a signed, written consent resolution to the Muskegon Central
Dispatch Board of Directors.
F. Amendment to the Zoning Ordinance – Height Limit in R-1. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 404, # 6 (Area and Bulk
Requirements) of Article IV (R, One Family Residential Districts) to allow structures
up to 3 stories or 45 feet in height in established Historic Districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow structures up to 3 stories or 45 feet in height in established
Historic Districts in the R, One Family Residential zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their July 10th meeting. The vote was unanimous with
S. Warmington absent.
G. Downtown and Lakeshore Redevelopment Plan – Approval to Distribute
to Neighboring Communities. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Planning Staff and our consultants at Williams & Works
and O’Boyle Cowell Blalock & Associates have completed the Downtown and
Lakeshore Redevelopment Plan.
The Michigan Planning Enabling Act requires that once the Plan is completed,
the Planning Commission forward it on to the City Commission. The City
Commission then approves it for distribution to neighboring cities and townships,
Muskegon County, etc., for the 63 day review period. No resolution is required
with this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the distribution of the
Downtown and Lakeshore Redevelopment Plan to neighboring entities be
approved for the 63 day review and comment period.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their August 14th meeting. The vote was unanimous
with S. Warmington absent. Two changes were suggested by Planning
Commission.
H. Meter Reading Radio Equipment Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 700 MXU Radio Transceiver units.
Currently the City manually reads residential meters and is in the process of
retrofitting outside meter (meter pit) installations to radio read. The above
purchase will begin the process of retrofitting inside meter installations to radio
read technology.
FINANCIAL IMPACT: Total cost $77,000.
BUDGET ACTION REQUIRED: None, the 2008 Water Maintenance Budget
includes funding for this purchase.
STAFF RECOMMENDATION: To approve the purchase from ETNA SUPPLY.
I. Adoption of the Michigan Small Harbors Coalition Resolution. PUBLIC
WORKS
SUMMARY OF REQUEST: To approve the resolution in support of the Michigan
Small Harbors Coalition (MSHC ), and to appoint the director of Public Works, or
his designee, to represent the City of Muskegon with matters concerning the
MSHC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the resolution and authorize the Mayor and
Clerk to sign the resolution.
J. Liquor License Transfer Request for Baker College of Muskegon, 336 W.
Clay. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Baker College of Muskegon to transfer
ownership of the 2008 Class C Licensed Business with Entertainment Permit,
located in escrow at 40 E. Norton, Muskegon Heights from L & S Grille, Inc., and
transfer location to 336 W. Clay and request a new Dance Permit and new
Outdoor Service – 1 Area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
K. Request for Encroachment Agreement – Sidewalk Encroachment for
1965 Lakeshore Drive. ENGINEERING
SUMMARY OF REQUEST: William Gibner LLC RPH has submitted an
encroachment agreement form requesting your permission for approval of the
three inch encroachment that has been created by the installation of each of
the four column bases (in fence design) in front of the Lakeside Landing Building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement with
supplemental conditions and compliance with required insurance coverage.
L. Easement to Consumer Energy on Walton between Jefferson and
Terrace. ENGINEERING
SUMMARY OF REQUEST: Authorize the City Manager to execute the easement
agreement granting Consumer Energy the rights to enter the vacated section of
Walton for the purpose as described in the aforementioned agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize the City Manager to sign the agreement.
N. Agreement for School Resource Officer – Muskegon Public Schools.
PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for the continuance of a full-time School
Resource Officer who is assigned to Muskegon High School. Muskegon Public
Schools has agreed to pay one-half of the annual salary of the police officer
position for a nine-month period. This agreement covers the period September
2, 2008 through June 8, 2009.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$15,813 for the period of the agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read minus items D, E, and M.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2008-75 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Rezoning Request for Property Located at 1934 E. Sherman Boulevard.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the front portion of the property
located at 1934 E. Sherman Boulevard, from I-2, General Industrial District to B-4,
General Business 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 August 14th meeting. The vote was unanimous
with S. Warmington absent.
Motion by Commissioner Wisneski, second by Commissioner Spataro to approve
the rezoning request for property located at 1934 E. Sherman Boulevard.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
E. Rezoning Request for Properties Located at 639 and 623 W. Clay
PLANNING & ECONOMIC
Avenue and 1236 Eighth Street.
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 639 and
623 W. Clay Avenue and 1236 Eighth Street, from I-1, Light Industrial District to B-
3, Central Business 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 July 10th meeting. The vote was unanimous with
S. Warmington absent.
Motion by Commissioner Wisneski, second by Commissioner Carter to approve
the rezoning request for properties located at 639 and 623 W. Clay Avenue and
1236 Eighth Street.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
M. Consideration of Bids for Musketawa Trail Connector Corridor.
ENGINEERING
SUMMARY OF REQUEST: Award Phase I of the Musketawa Trail Connector
contract to Thompson Brothers, Inc. out of Muskegon, MI, since they were the
lowest responsible bidder with a total bid price of $140,321.22.
Furthermore, it is requested that the award be contingent upon securing funding
from MDNR and permission from MDOT to relocate the fence along the west
side of Industrial Blvd.
FINANCIAL IMPACT: The construction cost of $140,321.22 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None, the bulk of the cost is expected through
MDNR grant as well as Wege Foundation along with $30,000 of City street funds.
STAFF RECOMMENDATION: Award the contract to Thompson Brothers, Inc.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the bid for Musketawa Trail Connector to Thompson Brothers, Inc. and authorize
City staff to execute the grant documents.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2008-76 UNFINISHED BUSINESS:
A. Amendment to the Zoning Ordinance for WM, Waterfront Marine
Districts, Special Land Uses Permitted. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses
Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow museums as
an additional special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: This item was tabled at the January 22, 2008,
meeting and referred back to staff at the February 12, 2008, meeting. Staff
would like to now clear this item from the docket. Staff still believes this
amendment to be in the best interest of waterfront development; and
therefore, recommends approval of the amendment of the Zoning Ordinance
to allow museums as an additional special land use in the WM, Waterfront
Marine zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their January 10th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the amendment to Section 1901 of Special Land Uses Permitted regarding the
Waterfront Marine Districts to allow museums as a special land use.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2008-77 NEW BUSINESS:
PLANNING &
A. Special Assessment Relief for Vida Nova Property.
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Doug Harjer, owner of Vida Nova, has requested
assistance from the City of Muskegon. He currently has built four condominium
units at Vida Nova. There is interest in the units; however, given the current real
estate situation, actual sales have been difficult. The assessments levied on the
property have constituted a majority of the taxes owed; and by providing
temporary relief on the assessments, Mr. Harjer may be able to lower the price
on the condominium units and stimulate sales.
FINANCIAL IMPACT: There will be a temporary suspension of the assessments
owed to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: It is recommended that the City Commission
authorize deferment of the assessments on the two parcels of property in Vida
Nova (160 Viridian Dr. and 190 Viridian Dr.), for a period of two years, without
interest.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize the
deferment of the assessments on the two parcels of property in Vida Nova, 160
Viridian Drive and 190 Viridian Drive, for a period of two years without interest.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Request to Revoke the Obsolete Property Rehabilitation Exemption
Certificate at 790 Terrace. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Promised Land Associates, 420 Carmen Drive, Spring
Lake, MI 49456, was issued an Obsolete Property Rehabilitation Exemption
Certificate (resolution number 2005-54b issued June 14, 2005) for the property
located at 790 Terrace Street. The timeline to complete the rehabilitation was
one year, giving them until June 14, 2006, to do so. However, a number of
unforeseen problems occurred during this time, making the applicant unable to
complete the rehabilitation. The applicant then requested a time extension in
November, 2007, and was granted additional time to complete the
rehabilitation. The new deadline to finish the rehabilitation was August 22, 2008.
Total capital investment for this project was stated to be $1,200,000 and was to
include the addition of an elevator and an additional stairway, along with
upgrades to the structural, mechanical, and electrical systems to meet current
code requirements. To date, none of these projects have been completed.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To revoke the Obsolete Property Rehabilitation
Certificate.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to revoke the
Obsolete Property Rehabilitation Certificate for 790 Terrace.
Motion by Commissioner Shepherd, second by Commissioner Carter to Table the
request to revoke the Obsolete Property Exemption Certificate at 790 Terrace
until the first or second meeting in January of 2009 with the applicant to provide
financial documents to City staff by December 1, 2008.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION TO TABLE PASSES
C. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Wisneski to
designate Commissioner Shepherd as the voting delegate at the Michigan
Municipal League Annual Business Meeting and Ann Marie Becker as the
alternate.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Gawron, and
Shepherd
Nays: None
Absent: Carter (stepped out of the room)
MOTION PASSES
Commissioner Shepherd was excused from the meeting at 6:48 p.m.
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
254 Amity Avenue, Area ll
1259 Sanford Street, Area 10
1329 Fourth Street (Garage), Area 10
1573 Beidler Street, Area 12
SUMMARY OF 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: CDBG Funds for 1259 Sanford, 1329 Fourth (garage), and
254 Amity. General Funds for 1573 Beidler.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1259 Sanford Street
and 1573 Beidler Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
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 1329 Fourth Street
garage only.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, 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 254 Amity Avenue.
Motion by Commissioner Spataro, second by Commissioner Carter to Table the
demolition of 254 Amity Avenue to the second meeting in October.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and
Wierengo
Nays: None
MOTION TO TABLE PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:08 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Sign up for City of Muskegon Emails