City Commission Minutes 06-26-2018

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             JUNE 26, 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, June 26, 2018. Mr.
George Monroe, 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, Debra Warren, and Willie German, Jr, and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2018-45     INTRODUCTIONS/PRESENTATION:
   A. Recognition of Spring 2018 Citizen’s Academy Graduates       Public Safety
Mayor, Stephen J. Gawron, read the resolution and thanked the 2018 Citizen’s
Police Academy for their faithful attendance, completion, and graduation from
the ten week academy.
2018-46     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 11, 2018
Worksession and June 12, 2018 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   C. Toro Groundsmaster Mower        DPW/Parks Department
SUMMARY OF REQUEST: The Parks Department is requesting permission to
purchase one Toro 3280 4-wheel drive Groundsmaster mower with 72 inch
recycler mowing deck from Spartan Distributors, the lowest qualified bidder. The

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cost for the mower is $22,086.90.
FINANCIAL IMPACT:         $22,086.90
BUDGET ACTION REQUIRED:          None. The amount was budgeted in the 2018/19
Parks Budget.
STAFF RECOMMENDATION:       Authorize staff to purchase one Toro
Groundsmaster 3280 4-wheel drive mower with 72 inch recycler mowing deck
from Spartan Distributors.
   E. Sale of Property for Industrial Development Planning & Economic
      Development
SUMMARY OF REQUEST: Authorize staff to enter into a Real Estate Purchase
Agreement with 2420 Remembrance Drive, LLC, a Michigan limited liability
company. The company desires to purchase 2420 Remembrance Drive (PPN:
61-24-134-300-0001-00) for $15,000 per acre, to build a 490,000 square-foot
facility.
Additionally, staff requests authorization to sell up to 15 acres of land at $9,000
per acre, pending final land surveying. Parcels include:
         •   2539 E. Keating Avenue (Parcel #61-24-134-300-0005-10)
         •   2355 E. Keating Avenue (Parcel #61-24-134-300-0005-00)
         •   2285 Black Creek Road (Parcel #61-24-134-400-0002-00)
FINANCIAL IMPACT:        2420 Remembrance Drive will be sold for $340,000.000
($15,000 per acre). Additional parcels will be sold at $9,000 per acre, pending
final land surveying.
BUDGET ACTION REQUIRED:          Sale proceeds to go into the Public Improvement
Fund.
STAFF RECOMMENDATION:       Authorize staff to enter into a Real Estate
Purchase Agreement with 2420 Remembrance Drive, LLC.
   F. Evergreen Mausoleum Roof Replacement Department of Public Works
SUMMARY OF REQUEST: To approve the complete roof replacement of the
Evergreen Cemetery mausoleum by Ostrander Roofing in the 2019 fiscal year.
FINANCIAL IMPACT:         Total Cost $94,500.00
BUDGET ACTION REQUIRED:          None, budgeted item for 2019 fiscal year.
STAFF RECOMMENDATION:            To approve the Evergreen mausoleum roof
replacement.
   G. Roof Replacement – Water Filtration Plant, Sections #5 and #12
      Department of Public Works/WFP
SUMMARY OF REQUEST: Authorize staff to enter into a roof replacement

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agreement at Water Filtration Plant – Sections #5 and #12 with Bob’s Roofing
since they submitted the lowest responsible bid of $212,885.
FINANCIAL IMPACT:        $212,885
BUDGET ACTION REQUIRED:         The project is included in the FY 2018-19 budget.
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Bob’s Roofing for a cost of $212,885.
   H. Walls and Windows Restoration – Section #5 Department of Public
      Works/WFP
SUMMARY OF REQUEST: Authorize staff to enter into a walls and windows
restoration agreement at Water Filtration Plant – Section #5 with Kent
Companies since they submitted the lowest responsible bid of $29,670.
FINANCIAL IMPACT:        $29,670
BUDGET ACTION REQUIRED:         The project is included in the FY 2018-19 budget.
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Bob’s Roofing for a cost of $29,670
   I. Amendment to Zoning Ordinance – Fences Planning & Economic
      Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2331 of the
zoning ordinance to allow six foot tall fences in front yards on corner lots in
residential areas, under certain conditions.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:           The Planning Commission unanimously
approve the request 5-0 with four members absent.
   J. Amendment to Zoning Ordinance – Accessory Structures            Planning &
      Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2311 of the
zoning ordinance to allow accessory structures in front yards on corner lots,
under certain conditions.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:            The Planning Commission unanimously
approved the request 5-0, with four members absent.


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   K. Water Rate Increase         Finance
SUMMARY OF REQUEST: To adopt the resolution to increase the rate charged to
City water customers for water usage 4% every year for the next five years to
cover the cost of infrastructure improvements to the Water Filtration Plan and
the Water Distribution system. The water rates have not been increased since
2013.
FINANCIAL IMPACT:          The increase for FY 2018-19 will generate an estimated
$308,000 annually.
BUDGET ACTION REQUIRED:      None at this time. The rate was incorporated into
the FY 2018-19 budget that was recently approved by the City Commission.
STAFF RECOMMENDATION:             Adoption of the resolution.
   L. Sanitation Service Fee Resolution         Finance
SUMMARY OF REQUEST: To adopt the resolution to continue charging a
sanitation service fee of $1.20 per month per residential utility bill. This charge will
cover the difference between what is currently being collected through
property taxes and what the City currently pays for residential sanitation.
FINANCIAL IMPACT:          None at this time.
BUDGET ACTION REQUIRED:        None at this time. The proposed rate change was
incorporated into the FY 2018-19 budget that was recently approved by the City
Commission.
STAFF RECOMMENDATION: Adoption of the resolution.
   M. Sewer Rate Adjustment Finance
SUMMARY OF REQUEST: in 2017 a resolution with a treatment rate for our
customers that is based on a multiplier of 1.68 times the rate the county bills the
city for wastewater was adopted. The 2018/19 budget calls for the multiplier to
be raised to 1.73 to cover the costs of capital improvement needs of our aging
infrastructure over the next ten years.
FINANCIAL IMPACT:          The fees will generate an estimated $198,000.
BUDGET ACTION REQUIRED:      None at this time. The rate was incorporated into
the FY 2018-19 budget that was recently approved by the City Commission.
STAFF RECOMMENDATION:             Adoption of the fee adjustment resolution.
   N. Approval of Neighborhood Enterprise Zone Certificate for 337 Terrace Point
      Circle (Unit #7) Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) Certificate has been received from Robert Heminger for the new
construction of a home at 337 Terrace Point Circle. The estimated cost for
construction is $350,000. The applicant has met local and state requirements for

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the issuance of the NEZ certificate.
FINANCIAL IMPACT:        Taxation will be applied as one-half of the previous
year’s state average principal residence millage rate to the value of the facility.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the NEZ certificate.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented, except items B, D, and O.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
2018-47     ITEMS REMOVED FROM CONSENT AGENDA:
   B. Kitchen 242 Agreement City Clerk
SUMMARY OF REQUEST: Our Kitchen Manager’s contract is set to expire on June
30th for Kitchen 242. We are requesting to extend Renae Hesselink’s contract
through June 30, 2019 with no changes.
FINANCIAL IMPACT:        Continuation of the current agreement.
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To extend Renae Hesselink’s contract through
June 30, 2019.
Motion by Commissioner Warren, second by Commissioner Johnson, to extend
Renae Hesselink’s contract through June 30, 2019.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES
   D. Ordinance Amendment – Minor in Possession Public Safety
SUMMARY OF REQUEST: Recently, state law was amended relating to MIP
offenses and its punishment. The court has asked us to amend our ordinance.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To adopt the amended ordinance.
Motion by Commissioner German, second by Commissioner Warren, to adopt
the amended ordinance.

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ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
   O. Engineering Services – Pilot Drinking Water Community Water Supply Grant
      Agreement Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an Engineering Agreement
with Prein & Newhof to provide professional services for the recently awarded
Pilot Drinking Water Community Water Supply Grant from The DEQ.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Prein & Newhof.
Motion by Commissioner German, second by Commissioner Johnson, to
authorize staff to enter into an agreement with Prein & Newhof.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2018-48     PUBLIC HEARINGS:
   A. Water Collection System Upgrades       Department of Public Works
SUMMARY OF REQUEST: Public Works staff are proposing improvements to the
wastewater collection system. The purpose of the improvements is to provide a
more reliable and resilient wastewater collection system, replace aging and
structurally deficient sewer infrastructure, reduce stormwater infiltration and
inflow, provide accessibility for operation and maintenance, and improve
system capacity. The project plan is available for review on the city’s website
and in the City Clerk’s office. City staff will be applying for low interest loans
through a program at the Michigan Department of Environmental Quality and is
proposing to raise sewer rates approximately 3% per year to cover the project
and interest costs.
FINANCIAL IMPACT:        $24,000,000 over a 5 year period. Year 1 projects are
estimated at $8,000,000.
BUDGET ACTION REQUIRED:       Amend the 2018/19 budget to include the
approved projects for year one.
STAFF RECOMMENDATION:        Approve the wastewater collection system
upgrade plan and authorize the Mayor and City Clerk to sign a resolution in

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support of the plan.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga to
close the public hearing and approve the wastewater collection system
upgrade plan and authorize the Mayor and City Clerk to sign a resolution in
support of the plan.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
2018-49     NEW BUSINESS:
   A. Concurrence with Housing Board of Appeal Notice and Order to Demolish
      Public Safety
      554 Oak Street – Garage Structure
      839 Turner Avenue
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
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Hood, second by Commissioner German to concur with
the Housing Board of Appeals decision to demolish 839 Turner.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
            Nays: None
MOTION PASSES
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga to
concur with the Housing Board of Appeals decision to demolish 554 Oak Street,
garage structure only.

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ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
2018-50    CLOSED SESSION:
A.   Discuss City Manager Evaluation
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson
to go into closed session to discuss the city manager’s evaluation.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.


                                           Respectfully Submitted,




                                           Ann Marie Meisch, MMC, City Clerk




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