City Commission Minutes 09-28-2010

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                   SEPTEMBER 28, 2010
    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, September
28, 2010.
    Mayor Warmington opened the meeting with a prayer from Commissioner
Clara Shepherd 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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-83 HONORS AND AWARDS:
      A. Honorary Ambassador Award – Root Park.
Commissioner Lawrence Spataro presented Honorary Ambassador Awards to
Mark Fazakerley, Burl Krause and Brian Krause for the renovation of the fountain
at Root Park.
2010-84 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the September 13th Commission
Worksession Meeting and the September 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Smartzone – Pre-Seed Fund Agreement between the City of Muskegon
         and the Michigan Alternative & Renewable Energy Center (MAREC).
         PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: In 2007, the City of Muskegon received $25,000 from
a $100,000 grant to assist with the administration of the Pre-Seed Loan fund
through the State Smartzone program. The City contracted with Muskegon
Area First to administer these funds. MAF spent $10,000 on assisting clients with
their applications for Pre-Seed loans. Recently, the MEDC forwarded the
remaining $75,000 to the City. Since MAREC has a new director and staff, it
would be appropriate for them to become administrators of this fund. The
funding can be used for administration, as well as to assist potentially eligible
applicants through the loan application process. With MAREC’s new direction,
they can best reach the clients who would qualify for the Pre-Seed Loan
(business start-ups, incubators, etc).

FINANCIAL IMPACT: The City has a total of $90,000 from the State of Michigan
for administration and client assistance of the Pre-Seed Fund. These funds will be
used by MAREC for administrative services and client assistance.
BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the Letter of Agreement between the
City of Muskegon and MAREC and authorize the Mayor to sign.
      C. Senior Nutrition Program – Agreement between AgeWell Services of
         West Michigan (AWS) and the City of Muskegon. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has contracted with AgeWell
Services for several years to conduct the senior nutrition program at the McGraft
Park Community Building. This Agreement will extend those services through
September 30, 2011.
FINANCIAL IMPACT: The City of Muskegon financially supports the program in
the amount of $8,316. AWS pays the City $200 a month for rent and utilities.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To approve the Agreement and authorize the
Mayor’s signature.
      D. Amendments to the Zoning Ordinance – Transitional Living Centers.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1306 (Special Land Use
Permitted) of Article XIV (B-5, Governmental Service District) of the zoning
ordinance, to allow Transitional Living Centers as a special use permitted in B-5,
Governmental Service Districts, by West Michigan Therapy, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:            The Planning Commission recommended
approval of the request at their September 16th meeting.
      E. Amendments to the Zoning Ordinance – Definition for Transitional Living
         Center. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II of the zoning ordinance to
create a definition for Transitional Living Center, by West Michigan Therapy, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 16th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2010-85 NEW BUSINESS:
      A. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in
attendance at the National League of Cities Annual Business Meeting on
Saturday, December 4th, to cast the City’s vote; and, if possible, to designate an
alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to appoint
Commissioner Shepherd to represent the City at the National League of Cities to
cast the City’s vote.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      B. Liquor License Transfer Request – BETAK Enterprises, Inc., 1813 Getty
         Street. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from BETAK Enterprises, Inc. to transfer ownership
of the Escrowed 2010 SDD License from Rite Aid of Michigan, Inc., 821 E. Apple
Avenue to 1813 Getty Street and to be held in conjunction with existing 2010
SDM License.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the liquor license transfer request for BETAK Enterprises, Inc.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro thanked City Staff, Bernadette
Young, and her department for the work that was done at Root Park.
Mayor Warmington recognized Commissioner Shepherd who was presented an
Award of Merit at the MML Annual Meeting.
ADJOURNMENT: The City Commission Meeting adjourned at 5:45 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk

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