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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 23, 2016
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, February 23, 2016.
Pastor Tim Cross, Living Word Church, 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: Vice-Mayor Hood, Commissioners Dan Rinsema-Sybenga, Byron
Turnquist, Ken Johnson, Debra Warren, and Willie German, Jr., City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Mayor Stephen Gawron
HONORS AND AWARDS:
A Certificate of Appreciation was presented by Public Safety Director, Chief
Jeffrey A. Lewis, to Khaiyah Steward in recognition of her act of compassion and
rendering of assistance to another citizen.
INTRODUCTIONS/PRESENTATIONS
A. Recently Promoted Employees
Samantha Ferguson – Community Development Specialist
o Planning and Community & Neighborhood Services
Carrie Kotchka – Housing Rehab Counselor
o Community & Neighborhood Services
Samantha Ferguson and Carrie Kotchka were introduced by Oneata Bailey and
Cathy Brubaker-Clarke as employees that have had the opportunity to promote
from within and both ladies were recognized.
B. Sister Cities Presentation
Joel Erndteman and Dana Wyant, area teachers acting as Sister Cities
Chaperones, introduced a portion of the group of students that will be traveling
to Japan later this year as part of the Sister Cities program.
2016-15 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 8, 2016 Work
Session Meeting and the February 9, 2016 Regular City Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
B. Tobacco Products Ordinance Amendments Public Safety
SUMMARY OF REQUEST: In order to have the City’s enforcement ordinances
align with other neighboring communities, our ordinance involving the use or
possession of tobacco products was amended. The amended ordinance
reflects a county-wide effort to standardize the enforcement as it relates to
tobacco use and sales. At the same time it address the use of vapor products
and the use of electronic devices, which dispense nicotine solution or other
forms intended for human consumption.
As such, Section 54-242, Article VII, of the City of Muskegon ordinance is being
repealed and replaced. In addition to the use of e-cigarettes and vapor
products, the ordinance decriminalizes the use of tobacco and associated
products; those citizens will receive a civil infraction violation. Those that illegally
supply tobacco and related products will receive a misdemeanor violation as
described by ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt revised ordinance as presented.
(SECOND READING REQUIRED)
D. 2016 Dozer Rental for Beach Leveling Department of Public Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a rental
agreement with Contractors Rental Corporation, out of Grand Rapids,
Michigan, for a John Deer Cab Dozer for leveling sand at Pere Marquette
Beach.
FINANCIAL IMPACT: Estimated cost for the 2016 Dozer rental is $8,850 (which
includes $550 for delivery and pickup).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the request.
E. Approval of Building Contract for 2324 Park Drive Community &
Neighborhood Services Department
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
2324 Park Drive to Nassau Construction for the City of Muskegon’s Homebuyers
Program through Community and Neighborhood Services.
CNS received 5 bids, the cost estimate from our spec writer was $44,300.
FINANCIAL IMPACT: The funding for this project has been secured through
HOME Program Income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award Nassau Construction the rehabilitation
contract for 2324 Park Drive, in the amount of $45,855, for the Community and
Neighborhood Services office.
F. Gaming License Request from Muskegon Harbor Hospice City Clerk
SUMMARY OF REQUEST: Muskegon Harbor Hospice is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
G. 285 West Western – Amendment to Purchase Agreement
City Manager – ITEM REMOVED PER STAFF REQUEST
Motion by Commissioner Johnson, second by Commissioner German, to
approve the Consent Agenda as presented with the exception of Item C.
ROLL VOTE: Ayes: Johnson, Hood, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2016-16 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Local Parking Ordinance Amendments Public Safety
SUMMARY OF REQUEST: During the City’s last codification, several sections of
the parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different
sections of the code. Some noted sections of the ordinance were inadvertently
removed during codification while rewriting the municipal code. Staff has
worked with the codification personnel, as well as our City Attorney, to draft the
needed changes. Also, this action is to rescind the first reading approved by
City Commission on December 8, 2015 with recommended revisions.
As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon
ordinances have been rewritten to reflect the previously adopted ordinances
and updated modifications because of changes to the Uniform Traffic Code
and to include the fee schedule for parking, civil violations, boat launch permits,
and local parking restrictions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the amended ordinances and fee
schedule as presented.
(SECOND READING REQUIRED)
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt the amended ordinances and fee schedule as presented.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission adjourned at 6:07 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk