City Commission Minutes 01-08-2008

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      JANUARY 8, 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, January 8,
2008.
  Mayor Warmington opened the meeting with a prayer from Reverend Dennis
Remenschneider from St. Paul’s Episcopal Church 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, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Clara Shepherd (arrived at 5:45 p.m.)
2008-03 INTRODUCTIONS/PRESENTATION:
       Mayor Warmington introduced Helen Wilcox, the new Customer Service
Rep. I in the City Clerk’s Office.
2008-04 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 3rd Commission
Worksession, and the December 11th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. SECOND READING: Vacant Building Ordinance. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance to require the registration of
vacant buildings and require annual registration fees.
FINANCIAL IMPACT: Unknown at this time what revenues and expenses will be
generated from this ordinance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance.
      C. Amendment to the Zoning Ordinance – Remove Reference to Section
         2308. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1301 # 14, of Article XIII (B-4,
General Business Districts), Section 1400, # 13, of Article XIV, (I-1, Light Industrial
Districts), and Section 1500, # 9, (I-2, General Industrial Districts), of Article XV, to
remove the reference to Section 2308, (1)(f).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to Section 2308, (1)(f).
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 13, 2007 meeting. The vote was
unanimous with J. Aslakson and B. Smith absent.
(Requires Second Reading)
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus items D and E.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
             Nays: None
MOTION PASSES
2008-05 ITEMS REMOVED FROM THE CONSENT AGENDA:
      D. Service Agreement with Professional Med Team Inc. POLICE
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a service agreement with Professional Med Team (Pro-Med) to
provide a paramedic for the purpose of performing a blood draw, when
needed, of suspected intoxicated drivers. The paramedic will be dispatched
directly to the jail to perform the draw. This service will be utilized by all law
enforcement agencies within Muskegon County.
FINANCIAL IMPACT: The cost to the department will be $75 per blood draw.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the service agreement with Professional Med Team Inc.
ROLL VOTE: Ayes:   Wierengo,       Wisneski,   Carter,   Gawron,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
      E. Gaming License - Muskegon Film Festival. CITY CLERK
SUMMARY OF REQUEST: Muskegon Film Festival 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.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the gaming license request for Muskegon Film Festival.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
2008-06 PUBLIC HEARINGS:
      A. Amendments to Brownfield Plan - Heritage Square Development, 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 Heritage Square
Development, 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 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 January 8, 2008 at their November 27, 2007 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
November 14, 2007 and further recommends that the Muskegon City
Commission approve the Plan amendment.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to close the
Public Hearing and approve the amendments to the Brownfield Plan for the
inclusion of property owned by Heritage Square Development, LLC.
ROLL VOTE: Ayes:   Wisneski, Carter, Gawron, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
2008-07 NEW BUSINESS:
      A. Cable Resolution. CITY MANAGER
SUMMARY OF REQUEST: This is a request to adopt the resolution requiring
Comcast Cablevision to preserve the existing channel locations for public,
educational and governmental access channels (PEG) and to agree not to
change channels without written consent of the City. It is also a request to
require new providers of cable and video services to furnish public, educational
and governmental access channel lineups and are consistent with existing
providers.
Motion by Commissioner Carter, second by Commissioner Wierengo to adopt
the cable resolution.
ROLL VOTE: Ayes:    Carter, Gawron, Spataro, Warmington, Wierengo, and
           Wisneski
            Nays: None
MOTION PASSES
Commissioner Shepherd arrived (5:45 p.m.).
      B. Renaissance Zone Extension for Heritage Square Development.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:        To approve the Development Agreement and
Resolution extending the duration of Renaissance Zone designation for the
properties owned by Heritage Square Development, LLC.
FINANCIAL IMPACT: The City will forego approximately $6,300 per year for a
total of $50,133 in taxes for the additional eight years of Renaissance Zone
designation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development Agreement and the
Resolution extending the Renaissance Zone designation.
COMMITTEE RECOMMENDATION:            At its last meeting, the Brownfield
Redevelopment Authority passed a motion to support a Renaissance Zone
extension for Heritage Square Development, LLC.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the development agreement and resolution extending the Renaissance Zone
designation for Heritage Square Development, LLC.
ROLL VOTE: Ayes: Gawron, Spataro, Wierengo, and Wisneski
           Nays: Shepherd, Warmington, and Carter
MOTION PASSES
2008-08 ANY OTHER BUSINESS:
     A. Commission was asked to check their calendars and let the
        Administration Office know if February 8th is a good date for the Goal
        Setting Session.
2008-09 PUBLIC PARTICIPATION:
     A. Ann Bradsberg from Digital Spectrum Enterprise announced that the
        Commission Meetings will be aired on Channel 915.
     B. Request to waive the Special Event Fee.
Motion by Commissioner Carter, second by Commissioner Shepherd to waive
the Special Event fee for the January 14, 2008, Dr. Martin Luther King March.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk

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