City Commission Packet 07-28-2015

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                                    JULY 28, 2015
     CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                              AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
        A. Approval of Minutes CITY CLERK
        B. Police Cruisers DPW/Equipment
        C. One Way Front Snow Plow                  DPW/Equipment
        D. Resolution in support of Parking Strategy Planning & Economic
           Development
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
         A. City Manager’s Annual Performance Review
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To:     Mayor and Commissioners

From: Frank Peterson

Re:     City Commission Meeting

Date:   July 23, 2015

We have a pretty light agenda this week. However, there are a number of items on the agenda that I
thought you could use a little background on as you prepare for our meeting.

1.      Under the consent agenda, we are asking the Commission to approve:
        a. Last meeting’s minutes.
        b. We are asking for permission to purchase three police cruisers. These are included in the
            current operating budget and will replace retired or retiring vehicles. We made a switch to
            the new Chevrolet Caprice model in 2013, and have been generally happy with the
            performance.
        c. We are asking for permission to purchase two one-way front snow plows. These plows will
            be used mostly during periods of heavy snowfall/accumulation.
        d. We are asking for a resolution in support of the downtown parking strategy. This is
            strategy will be eventually included in our Master Plan, and will help guide staff and
            Planning Commission decision-making in terms of parking requirements. The Planning
            Commission will hold at least one public hearing to gather input prior to formal adoption.
            The draft plan can be reviewed at the following link:

                        http://www.muskegon-mi.gov/downtown-parking-strategy-final-draft/

2.      Closed Session
        a. We will be conducting the City Manager’s annual performance evaluation during closed
             session. Per our employment agreement, this activity takes place annually in July.

If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.




Frank Peterson
City Manager
Date:     July 28, 2015
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the July 13, 2015
Worksession Meeting and the July 14, 2015 City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                      City of Muskegon
                                City Commission Work Session
                                        July 13, 2015
                                 City Commission Chambers
                                           5:30 PM

                                          MINUTES
2015-49
Present:       Commissioners Spataro, German, Johnson, Gawron, Rinsema-Sybenga, Hood,
               and Turnquist.
Absent:        None

LC Walker Arena
For the past six months, city staff has been working with the Muskegon Lumberjacks ownership
group to transition the group from facility manager to tenant. After much consideration, the team
and city staff mutually agreed that an ideal time to initiate the transition would be upon the
completion of the 2014-15 hockey season. An important aspect of the early transition was the
ability to enter into a long-term lease agreement that would improve the marketability of the
hockey team.

The key terms of the proposed lease are as follows:

   1. The lease has an initial 3 year term that can be extended up to two additional years if the
      hockey team sells at least 80,000 tickets in years two and/or three.

   2. The hockey team will have access to certain office space, locker rooms, practice and
      game ice, concession areas, merchandise sales areas, and certain common areas.

   3. The Lumberjacks will make an annual lump sum payment to the city equal to $12,500,
      and provide a ticket revenue share with the city as follows:

   a. $1.00 per ticket for the first 60,000 tickets printed ($37,500 of which is due at the same
      time as the annual lump sum payment).

   b. $0.00 per ticket for the next 12,500 tickets printed.

   c. $2.00 per ticket for the next 10,000 tickets printed.

   d. $3.00 per ticket for the next 10,000 tickets printed.

   e. $4.00 per ticket for any ticket printed in excess of 80,000 tickets

   4. The hockey team and city are to split certain revenues related to advertising.

   5. The hockey team will provide its own ushers, security, and post-game arena cleaning.

   6. The hockey team will keep net revenues from concession sales during their games.

   7.   The hockey team will pay $750 per preseason game and $1000 per playoff game hosted
        arena.
This item will be considered at the July 14, 2015 City Commission Meeting.

Any Other Business
Commissioner Johnson inquired what steps had been taken for the designing of a new city logo.

The City Manager indicated we are going to seek public input at meetings in September and
October. These meetings will likely take place at McGraft Park and Smith Ryerson.

Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro, to adjourn at 6:30 p.m.

                                                                        MOTION PASSES



                                                          ____________________________
                                                           Ann Marie Meisch, MMC
                                                                   City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 14, 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, July 14, 2015.
Pastor Tim Cross 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Hood, German, Rinsema-Sybenga, Turnquist, and Johnson, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
2015-50 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 30, 2015 City
Commission Meeting.
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes
      B. Annex Lease CITY MANAGER
SUMMARY OF REQUEST: City staff has been working with an organization that
intends to operate a sports training and rehabilitation center in the LC Walker
Arena Annex Building. The Annex is currently used intermittently throughout the
year for concerts, dinners, and other gatherings. Staff is seeking approval for a
five year lease agreement with ImaJam, Inc. that is expected significantly
increase the usage of the building. This lease agreement will help city staff
reduce costs associated with the LCV Walker Arena, as the tenant will become
responsible for utilities and general maintenance. Additionally, the lease
agreement calls for a nominal fixed rent of $1.00 per month plus a percentage
of the tenant’s annual gross revenue. The lease agreement further calls for the
city and the tenant to split the needed improvements to the Annex 50/50.
FINANCIAL IMPACT: Up to $150,000 in facility improvements, to be offset by
reduced arena operating costs and annual rent payments.
BUDGET ACTION REQUIRED: Up to $150,000 Capital Improvement is expected;
the budget will be adjusted as part of the 1st Quarter Budget Reforecast.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor and
Clerk to sign the agreement.
      C. Community Relations Committee Recommendation – CITY CLERK
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee:
Accept the resignation of John E. Smith from the Construction Board of Appeals.
Appoint Harold Callender to the Construction Code Board of Appeals and
Pastor Leroy Lockhart to the Equal Opportunity Committee.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with recommendations.
Motion by Commissioner Johnson, second by Commissioner Hood to accept the
Consent Agenda as read.
ROLL VOTE: Ayes:    Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
             Nays: None
2015-51 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         1258 5th Street
         462 Washington Avenue
         1252 5th Street
         1709 Pine
         1370 Sanford
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 structure and that the Mayor
and City Clerk be authorized and directed to execute a contract 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:       CDBG of General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to concur
with the Housing Board Appeals notice and order to demolish 1258 5th Street, 462
Washington Avenue, and 1709 Pine Street.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood.
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board Appeals notice and order to demolish 1252 5th Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson to concur
with the Housing Board Appeals notice and order to demolish 1370 Sanford.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
            Nays: None
MOTION PASSES
      B. LC Walker Lease Agreement with Lumberjacks Hockey Team. CITY
         MANAGER
SUMMARY OF REQUEST: For the past six months, city staff has been working with
the Muskegon Lumberjacks ownership group to transition the group from facility
manager to tenant. After much consideration, the team and city staff mutually
agreed that an ideal time to initiate the transition would be upon the
completion of the 2014-15 hockey season. An important aspect of the early
transition was the ability to enter into a long-term lease agreement that would
improve the marketability of the hockey team.
The key terms of the proposed lease are as follows:
      1. The lease has an initial three year term that can be extended up to
         two additional years if the hockey team sells at least 80,000 tickets in
         years two and/or three.
      2. The hockey team will have access to certain office space, locker
         rooms, practice and game ice, concession areas merchandise sales
         areas, and certain common areas.
      3. The Lumberjacks will make an annual lump sum payment to the city
         equal to $12,500, and provide a ticket revenue share with the city as
        follows:
        a. $1.00 per ticket for the first 60,000 tickets printed ($37,500 of which is
           due at the same time as the annual lump sum payment).
        b. $0.00 per ticket for the next 12,500 tickets printed.
        c. $2.00 per ticket for the next 10,000 tickets printed.
        d. $3.00 per ticket for the next 10,000 tickets printed.
        e. $4.00 per ticket for any ticket printed in excess of 92,501 tickets.
     4. The hockey team and city are to split certain revenues related to
        advertising.
     5. The hockey team will provide its own ushers, security, and post-game
        arena cleaning.
     6. The hockey team will keep net revenues from concession sales during
        their games.
     7. The hockey team will pay $750 per preseason game and $1,000 per
        playoff game hosted at the arena.
FINACIAL IMPACT:
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the lease and authorize the Mayor and
Clerk to sign.
Motion by Commissioner Johnson, second by Commissioner Hood to approve
the lease and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and German,
           and Rinsema-Sybenga,
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Vice Mayor Spataro commented on the success of the
Susan B. Koman event at the beach last week.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:26 p.m.


                                            Respectfully Submitted




                                            Ann Marie Meisch, MMC
                                            City Clerk
Date:     7/28/15

To:       Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Police Cruisers


SUMMARY OF REQUEST:

Authorize staff to proceed with the purchase of 3 Chevy Caprice cruisers from Berger
Chevrolet, the Mi-Deal State contract holder. The Equipment Division is seeking
permission to purchase 3 new with a total purchase price of $84,993.

FINANCIAL IMPACT:
A total of $84,993.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to proceed with the purchase of 3 cruisers from Berger
Chevrolet, the Mi-Deal State contract holder.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\05_Caprice cruisers doc2015.doc
                     Commission Meeting Date: July 28, 2015




Date:         July 22, 2015
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Resolution in support of Parking Strategy


SUMMARY OF REQUEST:

The Planning Department has recently completed its final draft of the Downtown Parking
Strategy and would like to adopt it as part of the City’s Master Plan. As part of the adoption
process, the plan must be distributed for review to neighboring townships, cities and regional
entities, via resolution of the City Commission. These entities will have 42 days to review
the plan, and then a public hearing will be held at the Planning Commission, where they will
make a recommendation to City Commission for final approval.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution.

COMMITTEE RECOMMENDATION:

None




7/22/2015
                                           Resolution No. _______

                                       MUSKEGON CITY COMMISSION

   RESOLUTION APPROVING THE DISTRIBUTION OF THE PARKING STRATEGY TO NEIGHBORING
                                ENTITIES FOR REVIEW


WHEREAS, the City of Muskegon, with assistance by private consultants, has completed a comprehensive
     update to its Master Land Use Plan through this update of the Muskegon Parking Strategy; and

WHEREAS, the plan must be distributed for review to neighboring townships, cities and regional entities for
     review, and

WHEREAS, these entities have 42 days to contact the City of Muskegon with any comments and suggestions;
     and

WHEREAS, after the 42 day review period, a public hearing will be held at the Planning Commission, where a
     recommendation will be made to the City Commission on the adoption of the plan.




Adopted this 28th Day of July, 2015.


Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on July 28, 2015.


                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk




7/22/15

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