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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 24, 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, June 24,
2008.
Mayor Warmington opened the meeting with a prayer from Pastor Jim Thiele
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 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.
2008-57 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 9th Commission
Worksession, and the June 10th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for Muskegon Summer Celebration and
Muskegon Bike Time. CITY CLERK
SUMMARY OF REQUEST: West Michigan Burners is requesting approval of a
fireworks display permit for July 5th during the Muskegon Summer Celebration
and July 18th during Muskegon Bike Time. The insurance coverage has been
approved, and Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Rezoning Request for Property Located at 552 W. Southern Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 552 W.
Southern Avenue, from B-2, Convenience and Comparison Business District to l-1,
Light Industrial 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 June 12th meeting. The vote was unanimous,
with B. Mazade, T. Harryman and B. Smith absent.
E. Smith Ryerson Community Center Contract. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon Recreational Center (MRC), Inc. has
been managing the Smith Ryerson Community Center since July 2006. The
management has been successful, with many area youth (as well as others in
the community) being served. As the contract between MRC and the City
concludes July 1, 2008, it is recommended that a new two-year contract be
approved. The new contract also includes use of the facility by the Muskegon
Summer Adventure Program.
FINANCIAL IMPACT: The contract specifies that the Manager will receive its
management fee through the revenue generated at the Center.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and authorize the Director
of Community & Economic Development and the City Clerk to sign.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the consent agenda as read minus item D.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2008-58 ITEM REMOVED FROM THE CONSENT AGENDA:
PLANNING & ECONOMIC
D. Vacation of a Portion of Emerald Street.
DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Emerald Street, between
Allen and Apple Avenues.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the portion of
Emerald Street between Allen and Apple Avenues, with the condition that all
utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the vacation, with B. Mazade, T. Harryman, and B. Smith absent.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the vacation of Emerald Street between Allen and Apple Avenues.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, and
Shepherd
Nays: None
Abstain: Spataro
MOTION PASSES
2008-59 PUBLIC HEARINGS:
A. Amendments to Brownfield Plan – Parkland Muskegon, LLC. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Parkland Muskegon,
LLC in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a residential/commercial project will add to the tax base of the City of
Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 24, 2008 at their June 10, 2008 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions and it has been
published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 5, 2008 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from the developer John Rooks, Parkland
Properties of Michigan, 940 Monroe, Suite 155, Grand Rapids.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
public hearing and approve the amendments to the Brownfield Plan for Parkland
Muskegon, LLC.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate – Sappi Fine
Paper. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Sappi
Fine Paper, 2400 Lakeshore Dr., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company will be making $3,822,200 in
personal property improvements. This qualifies them for a tax abatement of
seven years for 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 seven years for personal property.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
public hearing and approve the Industrial Facilities Exemption Certificate for
Sappi Fine Paper.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2008-60 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: PUBLIC SAFETY
2241 Sherin Street
1174 Jefferson Street – Area 10
553 Allen Avenue – Area 11
724 Oak Avenue (House and Garage)
922 S. Getty Street
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 553 Allen, 724 Oak, 1174 Jefferson, and 922
S. Getty. General Funds for 2241 Sherin.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 553 Allen
Avenue and 724 Oak Avenue – house and garage.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
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 2241 Sherin Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
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 1174 Jefferson.
Motion by Commissioner Carter, second by Commissioner Wisneski to table 1174
Jefferson Street to the 2nd meeting in July.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION TO TABLE PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 922 S. Getty Street.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
the item back to staff.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION TO REFER BACK TO STAFF PASSES
CITY
B. Findings of Fact and Recommendation Re: Spotlight Lounge.
MANAGER
SUMMARY OF REQUEST: To consider the Findings of Fact and Recommendation
for the Spotlight, submitted by Hearing Officer Robert O. Chessman, for potential
revocation of the liquor license for Spotlight.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to
recommend to the Michigan Liquor Control Commission that the liquor license
be revoked.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, and Wisneski
Nays: Carter, Shepherd, and Wierengo
MOTION PASSES
2008-61 CLOSED SESSION: To Discuss Pending Litigation.
Motion by Commissioner Carter, second by Commissioner Wierengo to go into
closed session to discuss pending litigation.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to come
out of closed session.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to authorize
the Attorney to execute the consent judgment as discussed.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
Carter
Nays: Wisneski
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:02 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
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