City Commission Minutes 07-22-2014

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 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, July 22, 2014.
Mayor Gawron opened the meeting with prayer from Vice Mayor Spataro 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 Eric Hood, Willie German, and Ken Johnson, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
Commissioner Byron Turnquist arrived at 5:35 p.m.
Absent: Commissioner Dan Rinsema-Sybenga (excused)
2014-53 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 7th Commission
Worksession Meeting, and the July 8th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
   C. Approval of Vinyl Siding Installers           for   Fiscal   Year   2014-2015.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community & Neighborhood Services to
sign a contract with Mark Tucker Construction, 1620 Fruitvale Rd., Holton, MI, and
Cutting Edge, 766 Chatterson Road, Muskegon, MI, to install vinyl siding at an
agreed price of $50 per building square for the Vinyl Siding Program’s 2014-2015
fiscal year.
The Community & Neighborhood Services office received one other bid from



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vinyl siding installers: Schmidt Roofing and Construction, 552 W. Southern,
Muskegon, MI 49441: $85 per building square.
FINANCIAL IMPACT: Funding will be disbursed from the 2014-2015 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
      D. Approval of the Housing Development Grant Agreement for Target
         Market Analysis. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Cities of Muskegon, Norton Shores, Muskegon
Heights, along with the County of Muskegon, are interested in pursuing a Target
Market Analysis Study to forecast our future housing needs; this will enable each
City to have a tool for investors and developers and may lead to future
investment. The agreement is with MSHDA for a match up to $15,000 for this
study.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve and authorize the City Manager to sign
the Agreement and Designation Form.
      E. 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.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Staff recommends approval of the ordinance
amendment.
(REQUIRES SECOND READING.)
      F. Michigan Irish Music Festival (MIMF) – Request to Serve Spirits at the
         Festival. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Irish Music Festival has filed a special
event application for their annual festival to be held at Heritage Landing
September 11-14, 2014. They are requesting City Commission approval to serve
spirits (Jameson Irish Whiskey) at the festival, as follows:


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      1. In measured 1.5 oz. servings over ice or mixed with ginger ale.
      2. At a tasting event on Saturday & Sunday, along with craft beer & cider
         tastings they have hosted in the past.
They have served liquor in the past (Baileys Irish Crème).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the request.
      G. Vacation of the Alley between Vulcan Street and Brunswick Street, from
         Nims Street to Keating Avenue.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Newkirk Electric at 1875 Roberts Street is requesting to
vacate the alley between Vulcan Street and Brunswick Street, from Nims Street
to Keating Avenue. They would then replat the alley so they can utilize it for
business operations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their July meeting.
Motion by Commissioner German, second by Commissioner Hood to accept the
Consent Agenda as read minus Item B.
ROLL VOTE: Ayes: Hood, Spataro, German, Turnquist, Johnson, and Gawron
            Nays: None
MOTION PASSES
2014-54 ITEM REMOVED FROM THE CONSENT AGENDA:
      B. Permanent Traffic Control Order. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to install “2 (two) hour parking” limit
signage from 8:30 a.m. to 5:30 p.m., where permissible to install, in the specified
downtown areas bordering 7th Street up to Terrace Street and from Shoreline
Drive to Muskegon Avenue, with the exception of 1st Street from Morris Street to
Western Avenue, per Traffic Control Work Order #15-(2014).
FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved.
BUDGET ACTION REQUIRED: None.



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STAFF RECOMMENDATION: Authorize DPW staff to install “2 (two) hour parking”
limit signs per Traffic Control Work Order #15-(2014).
Motion by Vice mayor Spataro, second by Commissioner German to authorize
DPW staff to install “2 (two) hour parking” limit signs per Traffic Control Work
Order #15-(2014).
ROLL VOTE: Ayes: Spataro, German, Turnquist, Johnson, Gawron, and Hood
            Nays: None
MOTION PASSES
2014-55 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – The Bold
         Companies. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, The
Bold Companies, 2291 Olthoff Drive, has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The total capital investment will be $403,031
in personal property and will create 20 jobs. This qualifies them for a tax
abatement of nine years under the current City policy.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of nine years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor Spataro second by Commissioner Johnson to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of nine years for personal property for Bold
Companies, 2291 Olthoff Drive.
ROLL VOTE: Ayes: German, Turnquist, Johnson, Gawron, Hood, and Spataro
            Nays: None
MOTION PASSES
2014-56 NEW BUSINESS:
      A. Approval of Sale of City-Owned Property at 2279 Austin. COMMUNITY
         & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and direct the Mayor and
Clerk to sign Quit Claim Deed to Mark and Christine Rice, of 2283 Austin, for the



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property at 2279 Austin, including the garage. Mr. and Mrs. Rice will purchase it
for $700.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct Community &
Neighborhood Services staff to file the Quit Claim Deed.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the resolution and direct Community & Neighborhood Services staff to file the
Quit Claim Deed on 2279 Austin.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and German
         Nays: None
MOTION PASSES
      B. Approval of Sale of City-Owned Home at 2035 Harding. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Ms. Sharon L. Williams for the rehabilitated home at 2035 Harding, which is part
of the City’s HOME Infill Program through the U.S. Department of Housing and
Urban Development. Ms. Williams purchase price is $85,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the Community
& Neighborhood Services staff to complete the sale.
Motion by Commissioner Johnson, second by Commissioner German to
approve the resolution and direct Community & Neighborhood Services staff to
complete the sale.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and German
            Nays: None
MOTION PASSES
      C. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY



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         1747 7th Street
         766 W. Southern
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 by
the owner or agent or infraction tickets may be issued for noncompliance
and/or that administration may 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: General Funds for 1747 7th Street and CDBG Funds for 766
W. Southern.
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 766 W.
Southern.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Turnquist
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals notice and order to demolish 1747 7th Street.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Turnquist, and Johnson
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 pm.


                                                Respectfully submitted,




                                                Ann Marie Cummings, MMC
                                                City Clerk




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