City Commission Minutes 04-08-2019

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             APRIL 9, 2019 @ 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 9, 2019, Reverend
Michael Fedewa, St. Paul’s Episcopal 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, Debra Warren, and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney Will Meier, and City Clerk Ann Meisch.
Absent:     Commissioner Willie German, Jr.
INTRODUCTIONS/PRESENTATION:
   A. 9-1-1 Muskegon Central Dispatch Surcharge           Shawn Grabinski
Shawn Grabinski from Muskegon Central Dispatch presented information to the
City Commission and the audience about the 9-1-1 Surcharge question that is
on the May 7, 2019 ballot.
2019-29     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the March 26, 2019 regular
meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   B. Request to Rezone 971 & 975 Washington Avenue – SECOND READING
      Planning & Economic Development
SUMMARY OF REQUEST: Request to rezone the properties at 971 & 975
Washington Avenue from R-2, Single Family Medium Density Residential to Form
Based Code, Neighborhood Edge, by Brett Gilbert.
FINANCIAL IMPACT:       None

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BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously (8-0)
recommended approval of the rezonings at their March 14 meeting.
   C. Amendment to the Form Based Code Section of the Zoning Ordinance –
      SECOND READING Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow research and development as a permitted use in the Downtown and
Mainstreet context areas of the Form Based Code.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the zoning ordinance amendment
COMMITTEE RECOMMENDATION:           The Planning Commission unanimously
recommended approval of the request 8-0, as long a staff recommends a
definition for “research and development” that excludes animal testing, noise
and odor.
   D. Amendment to the Single-Family Residential Section of the Zoning
      Ordinance – SECOND READING         Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the Single Family
Residential section of the zoning ordinance to clarify that short and long term
rentals are not prohibited uses.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:       The Planning Commission unanimously
recommended approval of the request 8-0 at their March 14 meeting.
   F. Resolution to Revoke the Contract for Housing Exemption with Trinity
      Village Limited Dividend Housing Association     Treasurer
SUMMARY OF REQUEST: Adopt the resolution to revoke the Contract for Housing
Exemption with Trinity Village Limited Dividend Housing Association and
terminate the Payment in Lieu of Taxes (PILOT) status on Trinity Village I and Trinity
Village II. The City Treasurer has received formal notice from the Michigan State
Housing Development Authority that they have foreclosed upon and take
possession of the two properties governed by this agreement.
The State has indicated that they intend to pay the outstanding PILOT
assessments for the 2018 tax year. Beginning in 2019, these properties will be
completely tax exempt as a result of being owned by the State of Michigan.

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FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:           Adopt the resolution to terminate the Contract
for Housing Exemptions with Trinity Village Limited Dividend Housing Association.
   H. Establish Policy and Application for Sports Leagues and Tournaments
             Planning Department
SUMMARY OF REQUEST: Approve the establishment of a policy and application
for sports leagues and tournaments using city parks and facilities. The policy is
similar to the special event policy, provides consistency for users of city facilities,
and informs applicants of rules and regulations that must be followed.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Approve the policy and application.
   I. Set Sports Leagues and Tournaments Fees Planning Department
SUMMARY OF REQUEST: Set the fees for sports leagues and tournaments using
city parks and facilities as follows:
   •   Application fee to be paid by each separate league - $100 to be
       submitted 30 days or more prior to the start of the season.
   •   Tournament fee - $40 fee for each tournament
   •   Park Use Fee - $40 per league/club/school
   •   Cleaning Deposit Fee - $100
Application fees may be waived for Veterans groups or school groups for
schools located within the city limits. Groups are directed to note their requests
for waived fees on their applications, and city staff will review.
FINANCIAL IMPACT:          Revenue generated by fees.
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Approve the fees for sports leagues and
tournaments.
   K. 714 Jackson – Demolition of Accessory Structure City Manager
SUMMARY OF REQUEST: The City currently owns the Froebel School property as
a result of tax foreclosure. Sometime this winter, significant damage was done to
an accessory structure. The structure previously housed the school’s boiler. The
damage has left the structure dangerous. Staff ordered an emergency
demolition from Melching, Inc.
FINANCIAL IMPACT:          None


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BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:          To accept the bid of $10,000 from Melching, Inc.
to secure the structure, conduct asbestos testing and abatement, and
complete the demolition at 714 Jackson.
   L. Smart Zone Delinquent Tax Resolution              REMOVED PER STAFF REQUEST
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, except items E, G, and J.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES
2019-30   ITEMS REMOVED FROM CONSENT:
   E. Waiver of Interest and Penalty Associated with Failure to File Property
      Transfer Affidavits (PTA), Form 2766 Treasurer
SUMMARY OF REQUEST: Adopt the resolution to waive interest and penalty
associated with failure to file form 2766, Property Transfer Affidavit (PTA). Per MCL
211.27b, a municipal unit is required to charge interest and penalties to an
owner of a property that does not file a PTA within 45 days of the transfer of
ownership. We currently do not charge the penalties or interest to a taxpayer
that has not filed the PTA within the 45 day requirement. State statute requires
the governing body to pass a resolution in order to waive the penalties and
interest.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:          Adopt the resolution to waive penalties and
interest associated with untimely filing of Property Transfer Affidavits.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve adopt the resolution to waive penalties and interest associated with
untimely filing of Property Transfer Affidavits.
ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and
           Johnson
             Nays: None
MOTION PASSES
   G. Invest Funds with Cantella &Co.         Finance
SUMMARY OF REQUEST: The Finance department wants authorization to use
Cantella & Co. as an investor to diversify our financial portfolio. All investments

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with this institution will follow all City of Muskegon Financial and Investments
policies and guidelines.
FINANCIAL IMPACT:         Potential increase of interest revenue.
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Approval to authorize Cantella & Co. as an
investment tool for the City of Muskegon.
Commissioner Johnson recused himself for conflict of interest.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve authorization of Cantella & Co. as an investment tool for the City of
Muskegon.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, and Gawron
             Nays: None
MOTION PASSES
   J. Request for Skate Park Funds      Planning Department
SUMMARY OF REQUEST: Authorize the mayor and clerk to sign the resolution
requesting distribution of funds from the City of Muskegon Parks Fund at the
Community Foundation for Muskegon County. The Planning Department is
requesting $2,000 to cover costs for surveying the property where we propose to
locate a future skate park. These funds were originally targeted for the
development of a new skate park within the city.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Authorize the mayor and clerk to sign the
resolution.
Motion by Commissioner Warren, second by Commissioner Johnson, to
authorize the Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
             Nays: None
MOTION PASSES
2019-31      NEW BUSINESS:
   A. LC Walker Arena Restaurant Proposals               REMOVED PER STAFF REQUEST
ANY OTHER BUSINESS:     The Commission received an update on disc golf at
McGraft Park. There was discussion of the feasibility of white box space at the
convention center.


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PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:30 p.m.


                                 Respectfully Submitted,




                                 Ann Marie Meisch, MMC – City Clerk




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