City Commission Minutes 04-24-2018

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 24, 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, April 24, 2018. Pastor
Darrin Longmire, Forest Park Covenant 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:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., Debra Warren, and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2018-26     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve minutes of the April 9, 2018 Worksession
Meeting and the April 10, 2018 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   B. Amendment to the Zoning Ordinance               Planning & Economic
      Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2005.10 (Urban
Residential Context Area) of the Form Based Code to allow non-profit supportive
housing as a special use permitted in certain building types and to allow home-
based businesses as a principal use permitted in certain building types.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve the zoning ordinance amendment.

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   C. Procurement of Turbidimeters DPW/WFP
SUMMARY OF REQUEST: Authorize staff to procure new turbidimeters from Hach
to replace old and obsolete turbidimeters at the Water Filtration Plant.
FINANCIAL IMPACT:          Existing turbidimeters are old, obsolete, failing and
replacement parts are not available. These turbidimeters in bulk would be more
economical to procure them with controllers as kits. Currently, there are three
newer Hach controllers in stock and procuring the new Hach turbidimeters kits
will allow the existing controllers to be utilized. This is a more economical
approach for replacement of all turbidimeters at the cost of $57,118.88
(including shipping).
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:           Staff be authorized to procure turbidimeters from
Hach at the Water Filtration Plant at a cost of $57,118.88.
   D. Ottawa Bridge – Resolution of Support for Bridge Funding Application and
      Commitment for Matching Funds        DPW
SUMMARY OF REQUEST: The Engineering Department would like to apply for
critical bridge funding through the Michigan Department of Transportation.
These funds would be used to replace the Ottawa Bridge which was
constructed in 1929 and is currently in very poor condition.
Construction is estimated at $1,374,000, and the city would be required to
provide matching funds of approximately $300,000 plus engineering costs.
Funding is available starting in 2021.
The MDOT application requires a resolution of support and commitment for the
matching funds.
FINANCIAL IMPACT:        $600,000 split over fiscal year 20/21 and 21/22.
BUDGET ACTION REQUIRED:        None at this time.
STAFF RECOMMENDATION:         Approve the resolution of support for the critical
bridge fund applications and commit to funding the required match and
engineering costs.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES




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2018-27 PUBLIC HEARINGS:
   A. Public Hearing for the 2018 Action Plan          Community & Neighborhood
      Services
SUMMARY OF REQUEST: To conduct a public hearing on April 24, 2018 to
receive comments from the public concerning the 2018 Action Plan developed
by the Community and Neighborhood Services Department.
After the public hearing, all comments received during the 30 day comment
period (April 15-May 14) will be documented and included in the plan as
required.
FINANCIAL IMPACT:        The City is required to submit the Annual Action Plan to
receive 2018 allocations of CDBG and HOME Investment Partnership Programs.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To direct staff to gather comments from the
public and to submit the 2018 Action Plan to HUD after the public comment
period.
PUBLIC HEARING COMMENCED:             No public comments were received.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to close the
public hearing and direct staff to gather comments from the public and submit
the 2018 Action Plan to HUD after the public comment period.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
2018-28     NEW BUSINESS:
   A. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish the Following: Public Safety
      577 Amity Avenue
      1330 5th 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:        Fire Escrow Funds of $9,918.75 and $30,739.08 have

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been received.
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 notice and order to demolish 577 Amity
Avenue and 1330 5th Street.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2018-29     ANY OTHER BUSINESS:
   A. Medical Marihuana Facilities Licensing Act – Opt In/Out Discussion – No
      Action Requested Planning & Economic Development
Frank Peterson, City Manager, presented information to the City Commission
regarding consideration of opting in or opting out of the Michigan Medical
Marihuana Facilities Licensing Act. Mike Franzak, Planning Manager, presented
information regarding amending the general code of ordinances if the
commission chooses to opt in. Mike also gave information regarding proposed
zoning changes and an application for a MMFLA license.
Discussion took place amongst the commission.
Motion by Commissioner Johnson, second by Commissioner Warren, to adopt
an amendment to the code of ordinances, Chapter 34, Article IV, Sections 201-
208.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, and Warren
            Nays: German, Turnquist, and Hood
MOTION PASSES




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INTRODUCTIONS/PRESENTATION:
Proclamation – Women’s Veteran’s Day       Mayor Stephen J. Gawron,
presented a Resolution proclaiming April 26, 2018 as Women’s Veterans Day in
Muskegon and encourages all City of Muskegon citizens to recognize the
courage and contributions of generations of American servicewomen and their
families who have proudly served our great state and nation, doing their part to
protect our land, people, freedoms and legacy.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:16 p.m.


                                            Respectfully Submitted,




                                            Ann Marie Meisch, MMC, City Clerk




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