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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 22, 2014
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, April 22, 2014.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
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, Eric Hood, Willie German, Dan Rinsema-Sybenga,
and Byron Turnquist, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2014-29 HONORS AND AWARDS:
A. 2013 Outstanding Citizenship Awards.
Mayor Gawron congratulated Shirley Green, Greg Borgman, and Debra Griffin
as recipients of the 2013 Outstanding Citizenship Award.
B. Jazz Appreciation Month.
April, 2014, was proclaimed as Jazz Appreciation Month.
2014-30 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the April 7th Commission
Worksession Meeting, and the April 8th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall on Saturday, May 17th in honor of Norway’s
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Constitution Day (Independence Day).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
D. Amendment to Chapter 30 “Fire Prevention & Protection”, Article IV
“Recreational Fires”. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed amendments to Chapter 30,
Article IV of the Recreational Fire Ordinance, Section(s) 30-220, 221, 222, 223, of
the City of Muskegon “Fire Prevention and Protection” Ordinance.
The Muskegon Fire Department has reviewed and proposed changes in our
recreational fire ordinance to better serve the community at large and address
illegal burning issues in our City in which fire/police must respond to in order to
maintain general public safety.
The amendments are to address: size of the fire pit, materials that are allowed in
the fire pit, use manufactured portable burning stand. The prohibition of steel
“burn barrels”, commonly used for burning trash and yard waste, and examples
of items that cannot be burned without violating the amended ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approving amendments to said
existing ordinance.
F. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2014, at the Muskegon Country Club, 2801
Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the
event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of insurance.
G. Fireworks Display Permit for 4th of July Celebration at Heritage Landing.
CITY CLERK
SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks display
permit for July 4th at Heritage Landing. Fire Marshall Metcalf has reviewed the
request and recommends approval contingent on inspection of the fireworks.
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FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of insurance.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Consent Agenda as read with the exception of items C and E.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2014-31 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. City – MDOT Agreement for Veteran Park Improvements. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the pedestrian
mobility improvements at the Veteran’s Memorial Park at the Causeway
between northbound and southbound M-120 and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: The estimated total cost of this project is $978,500 of which
$39,100 is the local share. As of April 2012, the three local agencies; Muskegon,
N. Muskegon and Muskegon County had committed a total of $36,000 with the
Veteran Group committing to make up any shortfall.
BUDGET ACTION REQUIRED: None at this time as this project was budgeted for.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
Motion by Mayor Gawron, second by Commissioner German to approve the
contract and resolution authorizing the Mayor and Clerk to sign both regarding
the City-MDOT Agreement for Veteran Park improvements.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
E. DBE/MBE/WBE Procurement Policy for Federally Contracted Programs
and Collaborations. AFFIRMATIVE ACTION & RISK MANAGEMENT
SUMMARY OF REQUEST: The Contract and Procurement Policy for Federally
Contracted Programs and Collaborations has been developed to include the
“Fair Share Goals” language to meet the “Good Faith Effort” requirements of our
federally contracted funds. The “Fair Share Goals” are specific to the
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Environmental Protection Agency (EPA) contracts, and “Good Faith Efforts” are
standard to our other federally contracted funds.
The steps for “Good Faith Efforts” will allow the City to achieve compliance in all
of our federal contracts and ensure that Disadvantaged Business Enterprises
(DBE), Minority Business Enterprises (MBE), and Women-owned Business
Enterprises (WBEs) are actively solicited for participation in the bid process for
contracting and procurement of supplies, construction, equipment and services
under all federal contracts and collaborations.
The Policy will be placed in all contracts and collaborations that include federal
funds.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the City of Muskegon DBE/MBE/WBE
Procurement Policy for Federally Contracted Programs and Collaborations, and
authorize the Mayor and Clerk to sign.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga
to approve the City of Muskegon DBE/MBE/WBE Procurement Policy for Federally
Contracted Programs and Collaborations, and authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2014-32 PUBLIC HEARINGS:
A. 2014-2015 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing of the 2014 – 2015 Action
Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2014-2015 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed 2014 –
2015 Action Plan at the public Commission Meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Hood, second by Commissioner German to close the
Public Hearing and receive comments about the proposed 2014-2015 Action
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Plan.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
2014-33 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1974 Dowd Street
1522 Clinton Street (Garage Only)
1265 Holt Street
912 E. Isabella Avenue
1141 Jefferson Street
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 30 days. 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 a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds for 1974 Dowd and 1265 Holt. General Funds
for 1522 Clinton (garage only), 912 E. Isabella, and 1141 Jefferson.
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 of Appeals notice and order to demolish 1974 Dowd
Street, 1522 Clinton Street (garage only), 1265 Holt Street, 912 E. Isabella Avenue,
and 1141 Jefferson Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
B. Special Event Request – Muskegon Bike Time 2014. PLANNING &
ECONOMIC DEVELOPMENT
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SUMMARY OF REQUEST: Muskegon Bike Time has filed a special event
application for the annual Bike Time festival in downtown Muskegon to be held
on July 17, 18, 19, and 20, 2014. Portions of their request require City Commission
approval.
FINANCIAL IMPACT: Request that equipment rental fees be waived.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: As in past years, it is recommended that staff be
allowed to make the final decision regarding rental fees and actual costs to be
coordinated through the City Manager. In addition, staff recommends that if
Bike Time picks up items such as picnic tables, bleachers, and trash cans for
distribution at the proper locations, there will be no equipment rental charge to
Bike Time. This must first be approved by and coordinated through City staff. It is
also recommended that City staff review staffing levels for City personnel with
the Bike Time staff, with the City making the final decision on the number of City
staff needed for the event.
Regarding street closures, staff recommends approval with the condition that
Bike Time notify affected downtown businesses of the dates and times of street
closures and the date and time that No Parking restrictions go into effect on
those streets.
Motion by Commissioner Hood, second by Commissioner Turnquist to accept
the recommendation approving conditions and that Bike Time notify affected
downtown businesses of the dates and times of street closures and the date and
time that No Parking restrictions go into effect on those streets.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
MOTION PASSES
C. Mobile Food Vending Ordinance. CITY CLERK
SUMMARY OF REQUEST: In consultation with Downtown Muskegon Now, staff has
developed a Mobile Food Vending Ordinance for consideration. The proposed
monthly fee is $300. Those established brick and mortar businesses located in
the City of Muskegon selling their own goods through the Mobile Food Vending
Ordinance may pay a monthly fee of $150. Brick and mortar restaurants
located in the targeted DDA area will be charged a monthly fee of $50.
Mobile food vehicles shall not be left unattended and cannot be parked
between the hours of 3 a.m. and 6 a.m. They shall not operate within 1,000 feet
of any City approved special event or leased park. Vendors wishing to sell at
the Farmer’s Market must obtain permission through management of the
Farmer’s Market.
Mobile food vehicles shall not be parked within 150 feet of an existing brick and
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mortar restaurant during the hours when such restaurant is open to the public for
business unless permission has been obtained from the restaurant.
Applications will be considered for the following areas: Sherman Blvd., Henry
Street, Apple Avenue, Laketon Avenue, Getty Street as well as within the area of
the Downtown District Authority, and industrial parks.
Comments from the downtown businesses are attached as well as mapping
indicating the distance of 150 feet, 200 feet, 250 feet, and 300 feet parameters
around existing brick and mortar businesses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the ordinance as presented as well as the
resolution stating the areas that a Mobile Food Vending vehicle/trailer/cart may
operate.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson
to adopt the Mobile Food Vending Ordinance as presented as well as the
resolution stating the areas that a Mobile Food Vending vehicle/trailer/cart may
operate.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
D. Amendment to the Transient Merchant Ordinance. CITY CLERK
SUMMARY OF REQUEST: Staff compared the current Transient Merchant
Ordinance with several other communities and reviewed comments received
by customers and is making recommendations.
Some proposed changes include:
Offering the license as an annual license instead of a daily license currently
allowed a maximum of 60 days per calendar year. The current fee is $30 per
day. The proposed fee is $150 annual fee renewed on May 1st of each year.
The bond amount is proposed to increase from $500 to $1,000.
School sponsored events should not require a permit.
Merchants may stay in one location no longer than 45 days (current ordinance
states 90 days).
Hours shall be set between 9 a.m. and 8 p.m. or sunset (whichever is earlier).
Merchants may not operate within 1,000 feet of any approved special event or
leased park unless they have obtained permission from the event sponsor or
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lessee. The license does not allow for the sale of goods or services at any City-
owned park/facility or Farmer’s Market without a permit from the City.
Residents and businesses selling parking spaces on their property during a City
approved special event in the downtown district are required to obtain a
license. At least one ADA compliant restroom facility with a hand washing unit
must be made available to the public for the first 50 parking spaces being
offered on a parcel and two restroom facilities be available on parcels selling
100 or more parking spaces. The license must be prominently displayed at the
entrance to the parking facility and if the number of parking spaces meets or
exceeds 50, a sign must be prominently displayed indicating to the public that a
public restroom is available.
The fee for a license is proposed to be $25 for the first 50 parking spaces and $50
for more than 50 parking spots on one parcel.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the ordinance as presented.
Motion by Commissioner Johnson, second by Commissioner German to adopt
the ordinance as presented.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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