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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 12, 2014
CITCOMMISSION 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, August 12, 2014.
Mayor Gawron opened the meeting with prayer from Pastor Tim Cross from the
Living Word 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Ken Johnson, Willie German, Dan Rinsema-Sybenga, and Byron
Turnquist, City Manager Franklin Peterson, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Eric Hood (excused).
2014-58 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 22nd City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Hours at City Parks – Ordinance Amendment. CITY
CLERK
SUMMARY OF REQUEST: Staff has found a discrepancy in the code of
ordinances for park hours. City parks have opened at 5:00 a.m. for many years.
Under the Uniform Traffic Code, Chapter 92-33, section 8.10(v), it inadvertently
list the park opening as 7:00 a.m.
The amendment would change subsection (v) to list the hours of the park as
being closed from the hours of 11:00 p.m. and 5:00 a.m.
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FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the ordinance
amendment.
F. Property Tax Settlement Agreement with Consumers Energy B.C. Cobb
Plant. CITY MANAGER
SUMMARY OF REQUEST: The City and Consumers Energy wish to avoid any
additional cost of a tax appeal before the Michigan Tax Tribunal. Staff has
come to a tentative agreement with Consumers to stipulate a true cash value
for the property located at 151 North Causeway. The property tax settlement
agreement states the following:
2014 Assessed Value agreed to - $24,000,000
2015 Assessed Value agreed to - $20,000,000
2016 Assessed Value agreed to - $11,000,000
In recognition of the ongoing financial cost to the City for essential services,
Consumers will make the following payments:
$100,000 on October 1, 2014
$100,000 on July 1, 2015
$25,000 on July 1, 2016
These payments are conditioned upon the City’s compliance with all other
provisions of the agreement, including payment of any refunds and interest
owed under the Stipulation for Entry of Consent Judgment.
FINANCIAL IMPACT: None, this is a budgeted item.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the
agreement as written.
G. Marihuana Ordinance. ITEM REMOVED
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Consent Agenda as presented minus items C, D, and E.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2014-59 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Farmers’ Market – Third Amendment to Purchase Agreement.
PLANNING & ECONOMIC DEVELOPMENT
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SUMMARY OF REQUEST: The City is waiting for the contractor’s lien period on the
Farmers’ Market to expire, so the property can be transferred from the DMDC to
the City free of any claims. This should occur in the near future. Therefore, a
Third Amendment to the Purchase Agreement is recommended to extend the
closing date. The Third Amendment allows for a 90-day extension. It is
anticipated that the closing will occur prior to that time. The Amendment allows
for continued operation of the Farmers’ Market prior to the official closing on the
property, with the City “fully responsible for any and all liability related to
operating the farmers’ market” during that time. The Closing is moved to
November 14, 2014, or before.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Third Amendment to Purchase
Agreement” and authorize the City Manager’s signature (after the fact).
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve the “Third Amendment to Purchase Agreement” and authorize the
City Manager’s signature (after the fact).
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
D. MDOT-City Agreement for Muskegon & Webster. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to sign the agreement with Michigan
Department of Transportation accepting Priority Road funding to reconstruct
Muskegon & Webster from 9th to Spring and adopt a resolution naming the
authorized staff.
FINANCIAL IMPACT: None at this time as all elements of the projects are eligible
for the awarded 3.3 million, however, some adjustments (needing more money)
might be necessary as we proceed with the design and evaluation of utility
needs.
BUDGET ACTION REQUIRED: Authorize staff to incorporate the project into the
2014/2015 budget.
STAFF RECOMMENDATION: Authorize staff to sing the agreement/contract with
MDOT and adopt the resolution naming the authorized staff.
Motion by Commissioner German, second by Vice Mayor Spataro to authorize
staff to sing the agreement/contract with MDOT and adopt the resolution naming
the authorized staff.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
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Nays: None
MOTION PASSES
E. Prosecution Services for Muskegon Police Department. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed contract for prosecutorial
services required for the police department as it relates to civil infractions and
misdemeanor ordinance cases generated by Muskegon Police Department
during enforcement efforts. The service time of this proposed contract will be for
a one-year period, expiration date of July 31, 2015.
Request for prosecutorial service letters were sent to two law firms on June 10,
2014, outlining the terms and conditions of said services to be provided.
Parmenter O’Toole & Muskegon County Prosecutor Office both responded.
The Muskegon County Prosecutor forwarded a “flat rate” fee of $75,000, which is
a savings over the contract that is now in place with the prosecutor’s office.
Parmenter O’Toole offered a “flat rate” fee of $90,000. Parmenter O’Toole
added additional information that all other city matters would be handled at
the current rate until year 2017; information was received, but not considered in
the decision to select a firm for specific prosecutorial services.
FINANCIAL IMPACT: Positive impact – proposal forwards a savings over 20% over
current legal expenditures for civil infractions and misdemeanor representation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approving Muskegon County
Prosecutor’s proposal.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the Muskegon County Prosecutor’s proposal.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Spataro
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 pm.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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