City Commission Minutes 01-23-2018

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          JANUARY 23, 2018 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
                                 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, January 23, 2018.
Commissioner Willie German, Jr., opened the meeting with prayer, after which
the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, Willie German, Jr., and Dan
Rinsema-Sybenga (arrived at 5:33), City Manager Frank Peterson, City Attorney
John Schrier, and City Clerk Ann Meisch.
2018-04     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve minutes of the January 3, 2018
Organizational Meeting, January 8, 2018 Worksession Meeting and the January
9, 2018 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   C. Special Event Liquor License – Farmers Market       City Clerk
SUMMARY OF REQUEST: The Muskegon Farmers Market will be hosting a Dining
in the Dark event on Wednesday, February 14, 2018 at the Farmers Market and
we are requesting a liquor license including spirits. Proceeds will benefit the
Farmers Market.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve the request.


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Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the consent agenda as presented, except Item B.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
             Nays: None
MOTION PASSES
2018-05      ITEMS REMOVED FROM CONSENT AGENDA:
   B. Curry Kitchen Easement City Manager
SUMMARY OF REQUEST: Curry Kitchen is requesting a six foot invisible easement
from 1141 Third Street to 1133 Third Street so they may use the same liquor
license for both establishments. Both locations shall be operated as a restaurant
and remain open. If either location closes or does not operate seven days a
week from 11 am to 10 pm, this agreement is terminated and the easement will
no longer exist.
FINANCIAL IMPACT:         Curry Kitchen shall pay the City $1,500 for the first two
years of the easement due and payable on the execution of the agreement. If
they elect to exercise the option to extend the agreement, they shall pay an
additional $5,000.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:           Approval.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the easement agreement for Curry Kitchen.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
             Nays: None
MOTION PASSES
2018-06      NEW BUSINESS:
   A. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish  Public Safety
      330 Catawba Avenue (Garage Only)
      910 Turner Avenue
      1838 Jiroch Street
      1934 Hudson Street
      2247 Valley Street
      13 Residential structures recently transferred from the Muskegon County

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      Land Bank or Muskegon County Treasurer as tax foreclosed properties to
      the City of Muskegon.
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structures and that the
Mayor and City Clerk be authorized and directed to execute contracts for
demolition with the lowest responsible bidder or staff may issue infraction tickets
to the owner, agent or responsible party if they do not demolish the structure.
FINANCIAL IMPACT:         General Funds
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to concur with the Housing Board of Appeals decision to demolish 330 Catawba
Avenue (Garage Only), 1838 Jiroch Street, 2247 Valley Street, and 13 other
specified residential structures.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
             Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to concur with the Housing Board of Appeals decision to demolish 910 Turner.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
             Nays: None
MOTION PASSES
Motion by Commissioner Johnson, second by Commissioner German, to refer
the matter regarding 1934 Hudson back to the Housing Board of Appeals.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
             Nays: Turnquist
MOTION PASSES
   B. Request to amend the Planned Unit Development (PUD) at 1740 E.
      Sherman Boulevard      Planning & Economic Development


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SUMMARY OF REQUEST: Request to amend the PUD at 1740 E Sherman
Boulevard to allow for the addition of a new 5,600 square foot out-building and
to increase the signage allotment.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Staff recommends approval of the final PUD.
COMMITTEE RECOMMENDATION:        The request was unanimously
recommended for approval at the December 14 Planning Commission meeting.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the final Planned Unit Development at 1740 E. Sherman.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
   C. Authorization to Engage Fletcher & Sippel       City Manager
SUMMARY OF REQUEST: City staff is requesting authorization to enter into a
service agreement with Fletcher & Sippel, LLC in an effort to secure the
elimination of the unused railroad track that currently traverses the Windward
Pointe parcel. At this time, we are only formally seeking the abandonment of this
section of the track, but expect that our success in doing so may positively
impact our ability to remove additional sections running from downtown
through Lakeside.
FINANCIAL IMPACT:        Not to exceed $33,000.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:          To approve the request and authorize the City
Manager to enter into the service agreement with Fletcher & Sippel.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the request and authorize the city manager to enter into the service
agreement with Fletcher & Sippel.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES
   D. Authorization to Engage Progressive AE          City Manager
SUMMARY OF REQUEST: City staff is requesting authorization to engage
Progressive AE to undertake the architectural design work associated with the

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planned downtown convention center. Engaging an architectural firm is the
next step in making final determinations of the size, location, amenities, and
costs associated with the convention center. Total architectural and
engineering fees are expected to be $832,800, plus reimbursable expenses.
100% of related costs will be reimbursed through county accommodations tax
receipts.
FINANCIAL IMPACT:        $832,800 plus reimbursable expenses.
BUDGET ACTION REQUIRED:        None at this time.
STAFF RECOMMENDATION:          To approve the request and authorize the City
Manager to enter into the service agreement with Progressive AE.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to approve the request and authorize the city manager to enter into the service
agreement with Progressive AE.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
2017-07     ANY OTHER BUSINESS:
   A. Fire Department Staffing Update       City Manager
City Manager, Frank Peterson, presented an update regarding Fire Department
staffing levels.
Also, under other business, the removal of snow was discussed.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 9:57 p.m.


                                     Respectfully submitted,




                                     Ann Marie Meisch, MMC, City Clerk




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