City Commission Minutes 01-22-2019

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          JANUARY 22, 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, January 22, 2019. 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:     Mayor Stephen J. Gawron, Commissioners Ken Johnson (arrived at
5:35 p.m.), Byron Turnquist, Debra Warren, Willie German, Jr., and Dan Rinsema-
Sybenga, City Manager Frank Peterson, City Attorney Brian Lieberman, and City
Clerk Ann Meisch.
Absent:     Vice Mayor Eric Hood
HONORS AND AWARDS:
Public Safety Director, Jeff Lewis, presented Pastor Time Cross with a plaque to
show appreciation for the support that Pastor Cross and Living Word Church has
shown to the Muskegon Police Department.
2019-05     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 7, 2019
Worksession and January 8, 2019 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   B. Adopt a Resolution Approving the Liquor License Application for Rake
      Beer Project, LLC City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving the request for a
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Liquor License for Rake Beer Project, LLC to be issued a Micro Brewer’s License
and Small Wine Maker’s License.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Adopt a resolution approving the request.
   C. Citizen’s Police Review Board By-laws Amendment              City Clerk
SUMMARY OF REQUEST: To amend the Citizen Police Review Board bylaws and
have the Minority Based organizations state:
The following organizations shall qualify as Minority Based Organizations pursuant
to Section II A (1) of the Citizen’s Police Review Board Policy:
   1. Muskegon Urban League (inactive/no longer exists)
   2. NAACP – Muskegon Chapter
   3. Latinos Working for the Future (inactive/no longer exists)
   4. Hispanic Community Services Coalition
   5. Nation of Islam
   6. Ad Hoc Committee for Equality and Justice (inactive/no longer exists)
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:            To amend the Citizen Police Review Board
bylaws as stated.
   D. 2019 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 Deere 850K WLT Dozer for leveling sand at Pere Marquette Beach.
FINANCIAL IMPACT:         Estimated cost of the 2019 Dozer rental is $9,800 (which
includes $550 for delivery and pickup).
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:            Approval.
   E. Administrative Vehicle Replacement                Department of Public
      Works/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase two (2) Chevy Impalas from
Berger Chevrolet off of the Oakland County Contract. This will replace the two
oldest administrative vehicles currently being used. Cost to the City will be
$23,078.00 per vehicle.


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FINANCIAL IMPACT:         $23,078.00 x 2, for a total price of $46,156.00.
BUDGET ACTION REQUIRED:          None. This is the amount budgeted.
STAFF RECOMMENDATION:         Authorize staff to purchase two (2) Chevy
Impala’s from Berger Chevrolet.
   F. SP 91820 Pere Marquette Park Recreational Improvements             Department
      of Public Works
SUMMARY OF REQUEST: To award contract (SP 91820) for park recreational
improvements of the Pere Marquette Park bath house and playground area,
along with alternates 1, 3, and 4.
Six contractors submitted bids for this as follows:
      Tridonn Construction Co.                 $466,026.00
      Patron Construction Inc                  $487,808.77
      Muskegon Quality Builders, Inc           $498,363.00
      JKB Construction Inc                     $548,725.00
      Griffith Builders Inc                    $558,337.00
      TJM Services                             $640,073.20

FINANCIAL IMPACT:         $466,026.00
BUDGET ACTION REQUIRED:          None. Initially budgeted for $385,000.00 from the
CIP but will be adjusted in the next budget reforecast.

STAFF RECOMMENDATION:            Award the project to the low bidder, Tridonn
Construction, Inc.

   G. LC Walker Arena – HVAC Upgrades City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the proposal to
undertake significant upgrades to the HVAC system at the LC Walker Arena. The
Arena’s current steam boiler system is original to the building and is both
inefficient and unreliable. The upgrade will result in significant utility savings
annually. This improvement will be combined with recently approved
improvements to the roof and dehumidification system and staff will be
presenting Commissioners with financing options at the February Work Session.
The DDA has indicated initial support of $215,000 annually to assisting with the
annual debt payment associated with these improvements.
FINANCIAL IMPACT:         $697,894
BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:        To authorize the City Manager to accept the
proposal from Hurst Mechanical.
Motion by Commissioner Turnquist, second by Commissioner German, to

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approve the consent agenda as presented, except item G.
ROLL VOTE: Ayes: Gawron, Warren, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2019-06    ITEMS REMOVED FROM CONSENT:
   H. Management Agreement Between City of Muskegon and Parkland
      Acquisition Two, LLC City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the management
agreement with Parkland Acquisitions Two. Parkland will be operating the
convention center on behalf of the City of Muskegon.
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:            To approve the agreement and authorize the
Mayor and Clerk to sign.
Parkland Acquisition Two, LLC owner, Jon Rooks, addressed the City Commission
regarding this item.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the agreement and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
2019-07   PUBLIC HEARINGS:
   A. Request to Establish an Obsolete Property District – 285 West Western
      Avenue      Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Parkland Muskegon, Inc, has requested the establishment of an
Obsolete Property District for their property at 285 W Western Avenue. The
establishment of the Obsolete Property District would allow them to apply for an
Obsolete Property Rehabilitation Exemption Certificate.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Staff recommends approval of the creation of
the district.

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PUBLIC HEARING COMMENCED:
John Rooks, 285 W. Western property owner explained the Obsolete Property
District.
Michael Haueisen, 903 Turner, encouraged commissioners to approve the
District and Certificate.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to close the public hearing and approve the creation of the district.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
            Nays: None
MOTION PASSES
   B. Request to Issue an Obsolete Property Certificate – Parkland Muskegon,
      Inc – 285 West Western Avenue        Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Parkland Muskegon, Inc. has requested the issuance of an Obsolete
Property Certificate for their property located at 285 W Western Avenue. Total
capital investment for this project is estimated to be $508,450 and tenants will
include a market and a credit union. The investment amount qualifies the
applicant for a 12-year abatement.
FINANCIAL IMPACT:       If an Obsolete Property Certificate were issued, the
property taxes would be frozen at the pre-rehabilitated rate for the duration of
the certificate.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Staff recommends approval of the Obsolete
Property Rehabilitation Exemption Certificate.
PUBLIC HEARING COMMENCED:
No public comments were received.
Motion by Commissioner Warren, second by Commissioner German, to close
the public hearing and approve the Obsolete Property Rehabilitation Exemption
Certificate for 285 W. Western.
      Motion by Commissioner Johnson, second by Commissioner Warren, to
      amend the motion to have the certificate be for a duration of six years
      rather than twelve years.
      ROLL VOTE: Ayes: Johnson
                  Nays: German, Rinsema-Sybenga, Turnquist, Gawron, and
                  Warren


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MOTION FAILS
ROLL VOTE ON ORIGINAL MOTION:           Ayes: Warren, German, Rinsema-Sybenga,
           Turnquist, Gawron
            Nays: Johnson
MOTION PASSES
2019-08     NEW BUSINESS:
   A. Convention Center Construction Management Services – Preconstruction
      Agreement City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the agreement with
Clark Construction Company to assist in the preconstruction phase of the
convention center development. It is important to bring the preferred
construction manager onto the project during the final design phases to help
ensure a quality project that can be completed on time and on budget. Staff
anticipates returning to the Commission in the coming weeks with the contract
to award the Construction Management Services contract to the same
contractor.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign.
Jeff Salowitz, Clark Construction Company, explained the process and their role.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the agreement and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
           German
            Nays: None
MOTION PASSES
   B. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish  Public Safety
      157 Allen Avenue
      1934 Hudson Street
      1505 Sixth Street
      1853 Sanford Street
      2555 Morton Avenue
SUMMARY OF REQUEST: This is to request that the City Commission concur with

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the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days or infraction tickets may be issued. 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 contracts 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:
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to concur
with the Housing Board of Appeals decision to demolish 157 Allen, 1934 Hudson,
2555 Morton, and 1853 Sanford.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, German, and Rinsema-
           Sybenga
             Nays: None
MOTION PASSES
Motion by Commissioner German, second by Commissioner Warren, to concur
with the Housing Board of Appeals decision to demolish 1505 6th Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron
             Nays: Warren
MOTION PASSES
   C. Amendment to the Medical Marihuana Facilities Licensing Overlay District
      Planning & Economic Development
SUMMARY OF REQUEST: The property owner at 185 W. Laketon Avenue is
requesting to amend the Medical Marihuana Licensing Facilities Act (MMFLA)
Overlay District to include their property within the district.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Staff does not recommend approval of the
amendment.
COMMITTEE RECOMMENDATION:          At the January 10 Planning Commission
meeting, a motion was made to approve the amendment as presented. The
Planning Commission voted 6-2 against the motion.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,

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to include the property at 185 W. Laketon Avenue into the Medical Marihuana
overlay district.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, and Warren
           Nays: Turnquist, Gawron, and German
MOTION FAILS (NO ACTION)
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 9:05 p.m.


                                   Respectfully Submitted,




                                   Ann Marie Meisch, MMC – City Clerk




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