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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 22, 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, February 22,
2005.
Vice Mayor Larson 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: 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.
Absent: Mayor Stephen Warmington (Excused – out of town)
2005-16 HONORS AND AWARDS:
A. 2004 4th Quarter Suggestion Award Winner. CIVIL SERVICE
Vice Mayor Larson presented Mary McGuffey with the 2004 4th Quarter
Employee Suggestion Award.
2005-17 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Goal Setting Session that
was held on Friday, January 28, 2005; the Commission Worksession and the
Community Relations Committee that was held on Monday, February 7, 2005;
and the Regular Commission Meeting that was held on Tuesday, February 8,
2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Traffic Department Materials and Services 2005. PUBLIC WORKS
SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission
for the joint purchase of various Traffic Department materials and services. We
have bid out these items with MCRC for the past fifteen years. By bidding
together with MCRC and other municipalities we are able to get better unit
prices because of larger quantity purchases.
FINANCIAL IMPACT: Sign materials and services to be jointly bid:
Sign blanks $800.00 approx.
Sign posts $5,800.00 approx.
Sign sheeting $1,500.00 approx.
Ready Made Signs $3,000.00 aprox.
Centerline painting $12,000.00 approx.
Total $23,100.00 ($21,800.00 in 2004).
BUDGET ACTION REQUIRED: None, this item is requested each year in the
appropriate Highway budgets.
STAFF RECOMMENDATION: Approve the continued joint purchasing with the
Muskegon County Road Commission for sign materials and services.
E. FIRST READING: Zoning Ordinance Amendment for Residential Design
Criteria. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 of Article XXIII (General
Provisions) to amend the Residential Design Criteria language regarding
minimum storage space in multi-family dwelling units decreasing the minimum
required storage space from 15% to 10% in each multi-family dwelling unit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding residential design criteria language.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/10/05 meeting. B. Mazade, T. Johnson, S.
Warmington, T. Michalski, B. Turnquist, J. Aslakson, and L. Spataro voted in favor
of the change. B. Smith and T. Harryman were absent.
(Requires Second Reading)
F. FIRST READING: Rezoning Request for Property Located at 1282 Arthur
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by the City of
Muskegon, located at 1282 Arthur Street, from RM-1, Low Density Multiple Family
Residential to R-1, Single Family Residential.
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 2/10/05 meeting. The vote was unanimous with
T. Harryman and B. Smith absent.
(Requires Second Reading)
H. Purchase of 218 Catherine. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 218 Catherine from the U.S.
Dept. of HUD for $1.00 through its Good Neighbor program. Through the Good
Neighbor program, a municipality can purchase a home for one dollar, if a
property is on the market for more than six months. After 218 Catherine is
obtained, the City will totally rehabilitate the structure and sell it to a qualified
family continuing the City’s aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from the CNS program income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the $1.00 home.
I. Purchase of 461 Marquette. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property located at 461
Marquette (City of Muskegon revised Plat of 1903 Lot 4 Block 13) from Mrs. Mary
Buckley of 461 Marquette for the amount of $5,000. If approved, CNS will solicit
bids to rehabilitate the structure at 461 Marquette and later sell the totally
rehabilitated home to a qualified low/moderate-income family. Which will
continue the City’s neighborhood revitalization efforts by returning once
blighted and or under used vacant homes to the tax roll and or productive use
while eliminating their blighting influence on their specific neighborhoods.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City’s 2003 HOME funding and the program income
accumulated from property sales.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
consent agenda with the exception of items c, d, and g.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, and Carter
Nays: None
MOTION PASSES
2005-18 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Budgeted Vehicle Purchases - Six Crown Victorias. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase six 2005 Crown Victorias from
Tony Betten and Sons Ford.
FINANCIAL IMPACT: Total cost $120,777.
BUDGET ACTION REQUIRED: None. Savings on other purchases will offset the
cost of the additional cruiser.
STAFF RECOMMENDATION: Approve purchase.
D. Budgeted Vehicle Purchases - Three Taurus Sedans. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three Taurus sedans from Tony
Betten and Sons Ford.
FINANCIAL IMPACT: Total cost $38,323.95.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the purchase of six 2005 Crown Victorias and three Taurus Sedans from Tony
Betten and Sons Ford.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, and Davis
Nays: None
MOTION PASSES
G. Rezoning Request for Property Located at 2111 & 2123 McCracken
Street and 2117 & 2125 Lakeshore Drive. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2111 and 2123
McCracken Street and also 2117 and 2125 Lakeshore Drive from R-1 single Family
Residential to RM-1 Low Density Multiple-family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 2/10/05 meeting. Commissioners Spataro, Aslakson, Johnson,
Turnquist, Mazade, Michalski & Warmington voted for denial. T. Harryman and B.
Smith were absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Planning Commission to deny the request to rezone the property.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
2005-19 PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District – 878 Jefferson.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Van Slooten Tree Farms, Inc., 1713 7th Street, Muskegon, Michigan, has
requested the establishment of an Obsolete Property District. The district would
be located at 878 Jefferson Street, Muskegon, MI. Total capital investment for
this project is $200,000. The project will result in the creation of 20 new jobs in the
City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 878 Jefferson Street, Muskegon, MI.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 6:02 p.m. and establish the Obsolete Property District.
ROLL VOTE: Ayes: Shepherd, Spataro, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
B. Request to Issue an Obsolete Property Certificate – 878 Jefferson.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Van Slooten Tree Farms, Inc., 1713 7th Street, Muskegon, Michigan, has
requested the issuance of an Obsolete Property Certificate for the property
located at 878 Jefferson Street, Muskegon, MI. The building will be rehabilitated
to house Carmen’s Café. Total capital investment for this project is $200,000.
The project will result in the creation of 20 new jobs in the City. Because of these
new jobs, the applicant is eligible for an 11 year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property Certificate for 878 Jefferson Street, Muskegon, MI.
The Public Hearing opened at 6:03 p.m. to hear and consider any comments
from the public. Comments were heard from Mark VanSlooten, 1713 Seventh
Street.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 6:10 p.m. and approve the Obsolete Property Certificate
for 11 years.
ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
C. Create a Special Assessment District for Fair Avenue, Torrent to
Addison. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Fair Street, Torrent to Addison project, and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:11 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from Jill LaBash, 1768 Fair
Avenue, and Donald Johnson, 1872 Fair Avenue.
Motion by Commissioner Spataro, second by Commissioner Davis to close the
Public Hearing at 6:20 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to create
the Special Assessment District, keeping the width as is, and assign
Commissioner Gawron and Commissioner Davis to the Board of Assessors.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
2005-20 UNFINISHED BUSINESS:
A. Resolution to Designate the Port City Industrial Park as a Neighborhood
Enterprise Zone. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a resolution designating the Port City
Industrial Park as a Neighborhood Enterprise Zone.
FINANCIAL IMPACT: There is no direct financial impact in approving the
designation of the Port City Industrial Park as a Neighborhood Enterprise Zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
resolution to designate the Port City Industrial Park as a Neighborhood Enterprise
Zone.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, and Carter
Nays: None
MOTION PASSES
2005-21 NEW BUSINESS:
A. Request for Final Planned Unit Development Approval at the Former
Muskegon Mall Site, 100 Muskegon Mall. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval at the former mall site is for a mixed use residential and commercial
development. The request is by Chris McGuigan, Downtown Muskegon
Development Corporation.
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
preliminary approval of the PUD, with the conditions listed on the resolution, at
their February 10, 2005 meeting. The vote was unanimous.
Motion by Commissioner Shepherd, second by Commissioner Gawron to
approve the final Planned Unit Development for the former Muskegon Mall site.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, and Davis
Nays: None
MOTION PASSES
B. Final Amendments to 2004 Budget. FINANCE
SUMMARY OF REQUEST: Adoption of the year-end amendments to the City’s
2004 Budget to assure compliance with the State Uniform Budget Act. This act
requires that budgets for “governmental-type” funds (i.e. general fund and
special revenue funds) be amended so that expenditures are not reported in
the City’s audit as exceeding legal appropriations.
FINANCIAL IMPACT: These budget amendments establish the final 2004
authorized revenue estimates and spending limits for the various City
departments and funds. The schedule shows how the amended budget varies
from the original budget (and subsequent budget reforecasts) previously
approved by the City Commission.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the final amendments to the 2004 Budget.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
C. Street Construction - 6th Street from Muskegon to Houston.
COMMISSIONER SHEPHERD
SUMMARY OF REQUEST: To consider reconstruction/resurfacing of 6th Street from
Muskegon Avenue to Houston Street.
Motion by Commissioner Shepherd, second by Commissioner Carter to include
6th Street in the 2006 street program and budget.
ROLL VOTE: Ayes: Shepherd, Spataro, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
2005-22 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Shepherd to go into
Closed Session at 7:38 p.m.
ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to go into
Open Session at 7:51 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:52 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
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