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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 28, 2006
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, November
28, 2006.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church 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,
Commissioner Clara Shepherd, Lawrence Spataro, Sue Wierengo, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
Acting City Clerk Linda Potter.
2006-94 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the November 13th Commission
Worksession, and the November 14th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request – Pat’s Road House, 157 S. Getty. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc., to add space to the existing
2006 Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor
Service (1 Area), and 2 Bars.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval
contingent upon final inspection.
C. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: USS LST 393 Preservation Association Inc. is requesting a
resolution recognizing them as a non-profit organization operating in the City for
the purpose of obtaining a gaming license. They have been recognized as a
501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
D. FIRST READING: Zoning Ordinance Amendment - Preamble. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Preamble to the Zoning Ordinance
regarding the reference to the Michigan Zoning Enabling Act.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the Preamble.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16th meeting. The vote was
unanimous with B. Smith absent.
E. FIRST READING: Zoning Ordinance Amendment – Malfeasance.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501, Creation and
Membership, paragraph 4 of Article XXV, Zoning Board of Appeals, regarding
the removal of a Zoning Board of Appeals member for malfeasance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Section 2501,
paragraph 4 of Article XXV.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16th meeting. The vote was
unanimous with B. Smith absent.
H. Engineering Services Agreement with Hubbell, Roth & Clark, Inc.
ENGINEERING
SUMMARY OF REQUEST: Enter into an engineering services agreement with
Hubbell, Roth & Clark, Inc. out of Grand Rapids to perform route study and
design for a non-motorized connector between the Musketawa trail and the
City’s trail system along both Laketon and Shoreline Drive. The design phase of
this agreement is limited to the Laketon connection for a not to exceed fee of
$52,517.
FINANCIAL IMPACT: The fee will be paid through a grant the City had secured
from the Michigan Department of Natural Resources and the West Michigan
Trails and Greenways Coalition.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an Engineering Services Agreement with
Hubbell, Roth & Clark and Michigan Department of Natural Resources staff. The
evaluations were based on interviews (top two candidates), qualifications, fees
and hours submitted.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items F and G.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-95 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. FIRST READING: Zoning Ordinance Amendment – Multiple Family Uses
in B-3. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1201, Special Land Uses
Permitted, #7 of Article XII, B-3, Central Business District, to allow multiple family
developments with a special use permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the amendment of Section 1201,
#7 of Article XII.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16th meeting. The vote was
unanimous with B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
zoning ordinance amendment for multiple family uses in B-3.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
G. FIRST READING: Zoning Ordinance Amendment - Eliminate Minimum
Lot Size in B-3. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1200, (Principal Uses
Permitted, #9) of Article XII, B-3, Central Business District, to eliminate the
minimum lot requirements for residential uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the amendment of Section 1200,
#9 of Article XII.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16th meeting. The vote was
unanimous with B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the zoning ordinance amendment to eliminate minimum lot size in B-3 for
residential uses.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2006-96 PUBLIC HEARINGS:
A. Amendment to 2003 Leisure Services Master Plan. LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the Leisure Services Master Plan of 2003
amendments. The amendments were completed under the “Action Plan and
Assessment” and the “Capital Improvements Schedule” sections. This is needed
in order to apply for the Michigan Natural Resources Trust Fund by the
application deadline of April 1, 2007.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve.
COMMITTEE RECOMMENDATION: The Leisure Services Board held the public
hearing at their regular meeting of November 20, 2006. The Leisure Services
Board recommended approval at their special meeting of November 28, 2006.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:47 p.m. and approve the Leisure Services Master Plan of 2003
amendment.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-97 NEW BUSINESS:
A. 869 and 875 Marquette Avenue – Property Exchange. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Kelly Hicks owns the home with an address of 869
Marquette. Unfortunately, her home is located on the adjacent City owned
property at 875 Marquette. The City Attorney and Staff have worked with Ms.
Hicks, her mortgage companies, and the title office to rectify the situation. The
easiest way to rectify this is to exchange legal descriptions through deeds. The
City will provide a Quit Claim deed to Kelly Hicks for the legal description of the
property where her home is located. Ms. Hicks will provide a Warranty Deed to
the City for the legal description of the property her home was supposed to be
built on. Both of the properties are the same size and the City would still
maintain a buildable lot.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
Motion by Commissioner Spataro, second by Commissioner Davis to adopt the
resolution and authorize both the Mayor and Clerk to sign the resolution and
deed to allow for the transfer of 869 Marquette with 875 Marquette.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
B. Replacement of Copiers/Document Printing Contract. FINANCE
SUMMARY OF REQUEST: Staff is recommending that the City enter into a five-
year agreement with Commercial Equipment Company (CEC) for replacement
and maintenance of all City copy machines, print devices and fax machines.
CEC was the successful bidder for the Muskegon County copier contract and
we will be piggybacking onto the County contract. Also, CEC has had the
City’s contract for the last twelve years and we have had a very satisfactory
and successful relationship with the company.
FINANCIAL IMPACT: We conservatively estimate our current cost per page
(including copies, printing, faxes) to be $0.0449. Under the new contract we will
pay $0.0398 per page, a savings of 11.4%, or $62,000 over the life of the
contract. Significant other savings will come from the fact that IT staff will no
longer be responsible for analyzing/repairing problem printers or fax machines
and from the widespread deployment of more efficient technologies (such as
scan to e-mail and greater in-house printing/publishing capabilities).
BUDGET ACTION REQUIRED: None. Funds are budgeted for these costs.
STAFF RECOMMENDATION: Approval of 5-year cost-per-page contract with
CEC.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
5-year cost-per-page contract with Commercial Equipment Company for
replacement of copiers, print devices and fax machines.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
C. Tool and Die Recovery Zone Status for Aero Foil International, Inc.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Aero Foil International,
Inc., which is moving from 1839 Sixth Street to 1920 Port City Boulevard. The
Commission previously passed a resolution supporting a Tool and Die Recovery
Zone for Aerofoil for its Sixth Street address. Due to environmental
contamination, it is necessary for the company to move.
FINANCIAL IMPACT: The City will forgo approximately $415,017 in taxes for the
15-year period of the zone. In addition, any future investments would be tax
exempt also.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request to transfer the Tool & Die Recover Zone for Aero Foil International,
Inc. from 1839 Sixth Street to 1920 Port City Boulevard.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
D. Request for Final Planned Unit Development Approval for a Residential
Development near Sherman Boulevard and Barclay Street. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval for a mixed use commercial and residential development for the
southerly portion of 1266 W. Sherman Boulevard, the northerly portion of 1228 W.
Sherman, a portion of 1254 W. Sherman and a portion of 2495 Barclay Street.
The request is by Hazel Churchley, Exit Your Way, LLC.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the final PUD, with the conditions listed on the resolution, at their
November 16, 2006, meeting. The vote was approved by unanimous vote, with
B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final Planned Unit Development for a residential development
near Sherman Boulevard and Barclay Street with the conditions listed on the
resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
E. City – MDOT Agreement for Western Avenue Landscaping between
Third and Terrace. ENGINEERING
SUMMARY OF REQUEST: To approve the contract and resolution with Michigan
Department of Transportation for the Jobs Today funds for the construction of
decorative concrete, street lights and roundabout along Western Avenue
between Third and Terrace. This contract outlines the terms and conditions
under which the state made funds available to the City to offset the local
match of the federal funds used to construct the aforementioned items.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the contract with MDOT for Western Avenue landscaping between Third and
Terrace.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
Nays: None
Absent: Warmington (stepped out of the room)
MOTION PASSES
F. Permanently Waive Special Event Application Fee for Fun Inc.
Christmas in Hackley Park. LEISURE SERVICES
SUMMARY OF REQUEST: Family Christmas in Hackley Park has been a community
tradition in Hackley Park for over 15 years. At their November 20th meeting, the
Leisure Services Board recommended that the application fee for Fun Inc. be
waived for the 2006 event and all future Hackley Park Christmas events hosted
by Fun Inc. This event is a grandfathered event.
FINANCIAL IMPACT: $50 per year (Special Event Application Fee)
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff approves this request.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the request to permanently waive the Special Event Application Fee for
Christmas in Hackley Park for Fun Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
Absent: Warmington (stepped out of the room)
MOTION PASSES
G. East Muskegon Little League Tag Sale. CITY MANAGER
SUMMARY OF REQUEST: East Muskegon Little League is requesting to hold a fund
raiser tag sale using City streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the request as it is contrary to the City’s
Special Events Policy.
Motion by Commissioner Spataro, second by Commissioner Davis to deny the
request from East Muskegon Little League to hold a tag sale on City streets.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to waive the
fee for a Peddler License for East Muskegon Little League.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington recognized the Muskegon Big Reds
and the Muskegon Catholic Central Crusaders.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 7:15 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
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