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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 26, 2015
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, MI at 5:30 p.m., Tuesday, May 26, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Tim Cross from
Living Word Church of Muskegon after which the Commission and public recited
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Johnson, Hood, German, Rinsema-Sybenga, and Turnquist, and
City Clerk, Ann Meisch.
2015- 38 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the May 11 th Commission
Worksession Meeting, and the May 12th City Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Muskegon High School Community Officer Agreement. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and approve the agreement between the City of Muskegon
Police Department and the Muskegon Public Schools.
The agreement is for a Community Officer at the High School during the 2015-
2016 school year.
FINANCIAL IMPACT: This agreement is a three percent increase from last year’s
(2014-2015) agreement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approving the agreement
between the City of Muskegon Police Department and the Muskegon Public
Schools for a Community Officer for the school year 2015-2016.
C. Memorandum of Understanding – Justice Assistance Grant. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2015 Justice Assistance Grant. It is further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that time is of the essence as this grant requires a 30-day
governing body review period before the grant submission, and the grant
deadline is June 26.
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50% of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down from the BJA which is as follows: County of Muskegon $0; City of
Muskegon $26,168, and City of Muskegon Heights $17,363. Note the BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon’s portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
A prosecutor was hired specifically for this under a previous fiscal year JAG
Grant.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of this request.
Motion by Commissioner Hood, second by Commissioner German to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2015-39 NEW BUSINESS:
A. Amendments to the Zoning Ordinance to Implement Form Based Code.
PLANNING & ECONOMIC DEVELOPMENT
STAFF RECOMMENDATION: Staff-initiated request to make the following
amendments to the zoning ordinance as part of adopting form based codes for
downtown:
a. Amend Article XX and create a Form Based Code overlay district.
b. Remove Article XII, B-3 Central Business district.
c. Amend Article III, Section 300 and remove B-3, Central Business district.
d. Amend Article III and add a new section, 305, to direct people to the
Article XX, the new Form Based Code section.
e. Amend the zoning map and add a new Form Based Code district.
f. Amend the zoning districts table of heights and yards to remove all
references to B-3; remove minimum heights in note #4, remove
reference to B-3 in note #6; add a row called Form Based Code and
an asterisk that indicates that all dimensional standards shall be per the
Form Based Code, Article XX.
g. Amend Article XXIII to add item 5 to Section 2301 to state that the
scope and applicability of the Form Based Code is contained in
Sections 2001.02 and 2002.00.
h. Amend Section 2326 and remove item 12, Downtown Parking Overlay
and remove reference to overlay in item 13 and remove Figure 23-2.
i. Amend Section 2334 and remove reference to B-3 in item 7.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the zoning ordinance amendments.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval at their regular meeting in May.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
Absent: Hood
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson to reconsider
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Comments were received by the public.
2015-40 CLOSED SESSION: Attorney-Client Privileged Communications and
Property Acquisition.
Motion by Vice Mayor Spataro, second by Commissioner Hood to go into closed
session to discuss Attorney-Client Privileged Communications and Property
Acquisition.
ROLL VOTE: Ayes: Spataro, German, Rinsema-SYbenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to
come out of closed session.
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:59 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk