City Commission Minutes 03-27-2018

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
           MARCH 27, 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, March 27, 2018. Pastor
Matt Sharpe, Evanston Avenue Baptist, 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, Willie German, Jr., and Dan Rinsema-Sybenga,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:     Commissioner Debra Warren
PRESENTATION:        Representatives from Williams & Works and from Nederveld
presented the City Commission the Imagine Muskegon Lake Final Plan Review.
The representatives covered the guiding principles and reviewed the plan to
sustain, advance, connect, and convene the City of Muskegon, focusing on the
waterfront districts.
2018-19     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve minutes of the March 12, 2018 Worksession
Meeting and the March 13, 2018 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION: Approval of the minutes.
   B. Special Event Liquor License – Cole’s Anniversary Party City Clerk
SUMMARY OF REQUEST: The Muskegon City Clerk’s office has partnered with
Cole’s Bakery to hold a community party on May 26, 2018, celebrating their 75th
Anniversary this year and is seeking City Commission approval to apply for a
license for Beer and Wine sales.

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FINANCIAL IMPACT:        $50 permit from the State for every date requested and
$75 bond.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To approve the request.
   C. Special Event Liquor License – Taste of Muskegon         City Clerk
SUMMARY OF REQUEST: The Muskegon City Clerk’s office is spearheading the
Taste of Muskegon on Friday, June 15 and Saturday, June 16 this year and is
seeking City Commission approval to apply for a license for Beer, Wine, and
Spirit sales during the two-day event.
FINANCIAL IMPACT:        $50 permit from the State for every date requested and
$75 bond.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To approve the request.
   D. Fireworks Display Permit for Heritage Landing      City Clerk
SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks display
permit for July 4, 2018, at Heritage Landing. The fire Marshall 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.
   E. 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 3, 2018, at the Muskegon Country Club, 2801
Lakeshore Drive. The fire Marshall 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.
   F. 123 Net Unilateral METRO Act Permit Engineering
SUMMARY OF REQUEST: Approve the request for a permit from 123 Net and
authorize the Mayor to sign the permit.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None

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STAFF RECOMMENDATION: Approve the permit and sign the documents.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the consent agenda as presented, except items G & H.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
2018-20     ITEMS REMOVED FROM CONSENT AGENDA:
   G. Aggregates, Highway Maintenance Materials and Concrete      Department
      of Public Works
SUMMARY OF REQUEST: Award supply of Calcium Chloride 38% (road brine) and
32% (winter salting) to Great Lakes Chloride
Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.
Award bid to supply Sylvax patching material to Unique Paving Materials
Award bid to supply AE-90 Asphalt Emulsions to Michigan Paving Materials
Award bid for crack sealant to Sherwin Industries.
Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Co
Award bid to supply road slag to Yellow Rose Transport
Award bid to supply road gravel to Yellow Rose Transport
Award bid to supply 2NS sand to Yellow Rose Transport
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply Fill Sand to Accurate Excavators
Award bid to supply 7-sack mix concrete to Port City Redi-Mix
FINANCIAL IMPACT:        $472,397.00
BUDGET ACTION REQUIRED:        None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Recommend approval of bids as outlined in
Summary of Request.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the bids as outlined in the summary of request.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           German
            Nays: None

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MOTION PASSES
   H. Lakeshore Drive Preliminary and Construction Engineering           Department
      of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein &
Newhof for preliminary and construction engineering services related to the
reconstruction and street-scaping of Lakeshore Drive from McCracken to
Laketon.
A request for proposals was advertised on February 16, 2018, with evaluation
criteria as follows: understanding of the project and challenges, method of
approach to the project, applicable experience, time and effort, and
accessibility of the firm to City staff. Our intent is to select a consultant based on
qualifications and negotiate the cost for work. Six proposals were received and
reviewed independently by an engineering staff member and the director.
Both reviewers selected Prein & Newhof as the top ranked firm.
FINANCIAL IMPACT:         $390,000 for engineering services to be covered by the
major street fund.
BUDGET ACTION REQUIRED:          Adjust engineering costs in third quarter
reforecast.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Prein
& Newhof for engineering services related to the reconstruction and street-
scaping of Lakeshore Drive from McCracken to Laketon.

Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize staff to enter into an agreement with Prein & Newhof for engineering
services related to the reconstruction and street-scaping of Lakeshore Drive from
McCracken to Laketon.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, German, and Rinsema-
           Sybenga
             Nays: None
MOTION PASSES
2018-21      NEW BUSINESS:
   A. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish the Following: Public Safety
      425 Octavius Street
      609 Mulder Street
      955 Turner Avenue

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      1317 7th Street
      1768 Wood Street
      1814 Dyson
      1699 Pine 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 or staff may issue infraction tickets to the owner, agent or responsible
party if they do not demolish the structure.
FINANCIAL IMPACT:        General Funds and some Fire Escrow funds.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner German, second by Commissioner Johnson, to concur
with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
   B. Request to Amend the Planned Unit Development (PUD) at 1161 W.
      Southern Avenue Planning & Economic Development
SUMMARY OF REQUEST: Request to amend the PUD at 1161 W Southern Ave to
demo the former gymnasium and to expand the parking lot, by Avasure
Properties, LLC. The project also includes moving the playground at the corner
of Davis/Southern to south of the building, next to the new urban farm to be
located on site.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: Staff recommends approval of the PUD amendment
with the condition that all future parking expansions be approved by staff, with
up to 93 spaces allowed on site.
COMMITTEE RECOMMENDATION: The Planning Commission approved a motion
to amend the PUD, with the condition that all future parking expansions be
approved by staff, with up to 93 spaces allowed on site. The motion was

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approved 8-0, with one member absent.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the PUD amendment with the condition that all future parking
expansions be approved by staff, with up to 93 spaces allowed on site.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
           Johnson
             Nays: None
MOTION PASSES
   C. Request to Amend the Planned Unit Development (PUD) at 1670 E.
      Sherman Boulevard      Planning & Economic Development
SUMMARY OF REQUEST: Request to amend the Planned Unit Development at
1670 E Sherman Blvd to utilize the building as a medical office that provides
urgent care, occupational medicine and radiology, by Mercy Health Partners.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION: Staff recommends approval of the PUD with the
condition that a stop sign and bar be installed at the end of the Panera Bread
drive thru.
COMMITTEE RECOMMENDATION: The Planning Commission approved a motion
to amend the PUD as proposed, with the condition that a stop sign and bar be
installed at the end of the Panera Bread drive thru. The motion was approved 8-
0, with one member absent.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to approve the
PUD with the condition that a stop sign and bar be installed at the end of the
Panera Bread drive thru.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
   D. Rezoning Several Properties Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to rezone 1814 Dyson St, 1824
Dyson St, 1831 Dyson St and 1828 Jarman St from B-2, Convenience and
Comparison Business District to R-2, Medium Density Single Family Residential
District. Also to rezone 1813 Dyson St from R-1, Low Density Single Family
Residential District to R-2, Medium Density Residential District. Also to rezone 1808
McIlwrath St, 1814 McIlwrath St, and 1825 Jarman St from B-4, General Business
District to R-2, Medium Density Single Family Residential District.

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FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION: The Planning Commission voted 8-0 in favor of
recommending approval of the rezonings.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the rezonings.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   E. Amendment to the Zoning Ordinance – Wireless Communication Service
      Facilities Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2321 of the
zoning ordinance to expand the overlay district to allow Wireless
Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach
Street (Water Filtration Plant). Staff has prepared two options for the Water
Filtration Plant location and is requesting that the Commission select one of
them.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To approve the zoning ordinance amendment, with
option one for the Water Filtration Plant Location.
COMMITTEE RECOMMENDATION: The Planning Commission tabled the request
at their December 14, 2017 meeting over concerns about the Water Filtration
Plant location. At their March 15, 2018 meeting, they approved a motion 8-0 to
recommend approval of the request to expand the overlay district, with option
one for the Water Filtration Plant site.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to approve the
the zoning ordinance amendment, with option one for the Water Filtration Plant.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   F. Purchase of Property for Industrial Park Expansion Planning & Economic
      Development

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SUMMARY OF REQUEST: The City of Muskegon is in need of industrial
development but lacks readily available land to meet the needs of today’s
industrial end users. Muskegon has been working very hard to attract new
industrial end users to our community, however, because we are an older land-
locked city, we lack in cohesive developable land beyond 2-3 acre sites. City
staff have finalized terms to purchase approximately 22.7 acres of land
adjacent to the Port City Industrial Park and are requesting authorization to
purchase the land for economic development purposes (expansion of the
industrial park).
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:       Authorize staff to execute purchase agreement
for 2420 Remembrance Drive (PPN 24-134-300-0001-00) consisting of
approximately 22 acres.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to authorize
staff to execute a purchase agreement for 2420 Remembrance Dvie, consisting
of approximately 22 acres.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           German
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:        Commissioner German would like to have a report from
the Water Filtration Plant for the next meeting.
PUBLIC PARTICIPATION: Comments were received from the public.
2018-22    CLOSED SESSION:
   A. Collective Bargaining
Motion by Commissioner Johnson, second by Vice Mayor Hood, to go into
closed session for the purpose of discussion of collective bargaining.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
ADJOURNMENT:      The City Commission meeting adjourned at 8:35 p.m.
                                           Respectfully Submitted,


                                           Ann Marie Meisch, City Clerk

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