City Commission Minutes 04-23-2019

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 23, 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 23, 2019, George
Monroe, Evanston Avenue Baptist 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 John Schrier, and City Clerk Ann Meisch.
Absent:     Commissioner Willie German, Jr.
INTRODUCTIONS/PRESENTATION:
   A. Recognition of Women Veterans Day
In acknowledgement of the one-year anniversary of the City’s creation of
Women Veteran’s Day. Zenata Adams from WINC – Women Injured in Combat –
was present to thank the City Commission for recognizing Women Veterans. The
City of Muskegon was the first in the State of Michigan to do so.
   B. Mr. Football Presentation
Muskegon Big Red Football Player, Cameron Martinez, was recognized for his
outstanding achievement in being named High School Football Player of the
Year. Mr. Martinez was joined by some of his teammates and was recognized by
the Mayor and Commissioners and presented with a certificate and street sign
for him to keep.
2019-32     CONSENT AGENDA:
   A. Approval of Minutes         City Clerk
SUMMARY OF REQUEST: To approve minutes of the continued Goal Setting
meeting held March 26, 2019, minutes of the Worksession meeting held April 8,
2019, and minutes of the Regular meeting held April 9, 2019.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:           None

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STAFF RECOMMENDATION:           Approval of the minutes.
   B. Request to Fly the Norwegian Flag       City Clerk
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall on Friday, May 17th, in honor of Norway’s
Constitution Day (Independence Day).
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the request.
   C. Special Event Liquor Licenses – 2019 Events City Clerk
SUMMARY OF REQUEST: The City Clerk’s Office is organizing several events for
2019 and we are seeking commission approval to apply for a special liquor
license for beer, wine, and spirit service for the following:
Taste of Muskegon at Hackley Park – June 14 & 15, 2019
Food Truck Rallies at the Farmer’s Market – June 26, July 24, and August 21, 2019
150th Anniversary Celebration at Heritage Landing – July 11, 12, & 13, 2019
Farm-to-Table Fundraiser at the Farmer’s Market – September 5, 2019
The Farmer’s Market does have a liquor license but the licensed area does not
extend beyond the barn.
FINANCIAL IMPACT:        $50 permit from the State for every date requested.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve a special liquor license for the events
organized by the City Clerk for 2019.
   D. Zoning Ordinance Amendment – Planned Unit Development Section of
      Single-Family Residential Districts
      Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Section 403 of the
zoning ordinance to revise the intent of the Planned Unit Development option
by allowing limited retail options.
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 the April 11 meeting.
SECOND READING REQUIRED


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   E. Zoning Ordinance Amendment – Landscaping Requirements Planning &
      Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the
zoning ordinance to allow applicants to donate trees to the City’s nursery rather
than to replace trees on site during development.
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 April 11 meeting.
SECOND READING REQUIRED
   H. Permanent Traffic Control Orders #37 through #52 Department of Public
      Works
SUMMARY OF REQUEST: Authorize the various Traffic Control Orders #37 thru #52.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:            None
STAFF RECOMMENDATION:              Authorize the various Traffic Control Orders.
   I. Water Interconnect Contract         Department of Public Works
SUMMARY OF REQUEST: Approve the Water Interconnect Contract and
authorize the Mayor and Clerk to sign the contract.
The Water Interconnect Contract outlines the details for the current and any
future locations where the city of Norton Shores/Fruitport Township water mains
are interconnected with the Spring Lake Township water mains along their
shared border. These connections serve to provide continuation of service in the
event of an emergency.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:            None
STAFF RECOMMENDATION:         Approve the Water Interconnect Contract and
authorize the Mayor and Clerk to sign.
   J. City Hall Elevator Repairs          Department of Public Works
SUMMARY OF REQUEST: Award a contract for elevator repairs at City Hall to the
low bidder Otis Elevator Company. The elevator is currently not functioning
properly and is often times only accessible from the basement.
Two contractors submitted bids for this project as follows:
Otis Elevator Company $69,861 (Base) + $9,850 (Alternate)=$79,711 Total

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KONE, Inc.                $89,850 (Base) + $24,470 (Alternate)=$114,320 Total
The base bids include functionality repairs to the elevator including new power
units, sensors, control panels, buttons, and chimes. The alternate bid provided by
Otis includes rehabilitation of the cab interior with new walls, handrails, ceiling
and lighting.
FINANCIAL IMPACT:         $79, 711.00
BUDGET ACTION REQUIRED:         None. To be address in future reforecast.
STAFF RECOMMENDATION:        Award the project including the alternate to the
low bidder Otis Elevator Company.
   L. Smith Ryerson Parking Lot Improvements          Department of Public Works
SUMMARY OF REQUEST: To award contract (SP-240) for construction of
improvements at the parking lot for Smith-Ryerson Park.
Five contractors submitted bids for this project as follows:
Accurate Excavators       $88,668.50
Terra Contractors         $89,416.00 (Local Contractor)
Stein Construction        $105,937.15
Bultsma Construction      $108,057.00
West Michigan Dirtworks $123,396.49
The second low bidder is a local contractor with offices located within the City
of Muskegon the low bidder is not located within the City of Muskegon. The bids
are within 1% of each other.
FINANCIAL IMPACT:         $89,416.00
BUDGET ACTION REQUIRED:         None. Project is budgeted for $96,726 of CDBG
funds in the 18-19 budget.
STAFF RECOMMENDATION:         Award the project to the second low bidder,
Terra Contractors, in accordance with the City of Muskegon Policy regarding
Local Preference Purchasing/Contracting.
   M. Purchase Agreement – 1067 Grand Avenue              City Manager
SUMMARY OF REQUEST: City staff is seeking permission to enter into a purchase
agreement with Jonathan and Melissa Wilson for city-owned home located at
1067 Grand. The purchase price is $143,000.
FINANCIAL IMPACT:     $143,000 minus closing costs deposited into the City’s
Public Improvement Fund.
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To authorize the city manager to enter into a

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sales agreement to sell the property at 1067 Grand Avenue for $143,000 with
Jonathan and Melissa Wilson.
   N. Approval of a Neighborhood Enterprise Zone Certificate – 324 Terrace
      Point Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Christopher & Elizabeth Beck for the
new construction of a home at 324 Terrace Point. The applicant has met local
and state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:        Taxation will be 50% of the State average for the next
12 years.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the NEZ Certificate.
   O. Approval of a Neighborhood Enterprise Zone Certificate – 343 Terrace
      Point Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Dennis Atkinson for the new
construction of a home at 343 Terrace Point. The applicant has met local and
state requirements of the issuance of the NEZ certificate.
FINANCIAL IMPACT:        Taxation will be 50% of the State Average for the next
12 years.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the NEZ certificate.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the consent agenda as presented, except items F, G, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
2019-33   ITEMS REMOVED FROM CONSENT AGENDA:
   F. Set the Public Hearing for Amendment to Brownfield Plan – City of
      Muskegon (Developer) Planning & Economic Development
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
an amendment to the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of properties in the Nelson Neighborhood
owned by the City of Muskegon.

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FINANCIAL IMPACT:         There is no direct financial impact in including the
project in the Brownfield Plan, although the redevelopment of the site into a
residential development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve the resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION:            The Brownfield Redevelopment Authority
met on April 9, 2019 and approved the Brownfield Plan Amendment, and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission. In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for May 14, 2019.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the resolution to set a public hearing and authorize the Mayor and Clerk to sign
the resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
   G. Set the Public Hearing for Amendment to Brownfield Plan- Sweetwater
      Development, LLC Planning & Economic Development
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
an amendment to the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property at 292 W. Western, owned by
Sweetwater Development, LLC.
FINANCIAL IMPACT:         There is no direct financial impact in including the
project in the Brownfield Plan, although the redevelopment of the site into a
residential development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve the resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION:            The Brownfield Redevelopment Authority
met on April 9, 2019 and approved the Brownfield Plan Amendment, and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission. In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the

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Plan Amendment for May 14, 2019.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the resolution to set a public hearing and authorize the Mayor and
Clerk to sign the resolution.
ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
   K. Pere Marquette Park Chalet Request Department of Public Works
SUMMARY OF REQUEST: 3rd Coast Rentals provided staff with a proposal to
construct and operate a chalet at Pere Marquette Park for a three-year period
to begin in 2019.
FINANCIAL IMPACT:        Loss of revenue estimated at $1,500/Year for three
years.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Authorize staff to finalize an agreement with 3rd
Coast Rentals to construct to construct and operate a chalet at Pere Marquette
Park.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
authorize staff to finalize an agreement with 3rd Coast Rentals to construct and
operate a chalet at Pere Marquette Park.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Johnson, and Gawron
            Nays: Turnquist
MOTION PASSES
2019-34   PUBLIC HEARINGS:
   A. Public Hearing for the 2019 Action Plan        Community & Neighborhood
      Services
SUMMARY OF REQUEST: To conduct a public hearing on April 23, 2019 to
receive comments from the public concerning the 2019 Action Plan developed
and proposed 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 2019 allocations of CDBG and HOME Investment Partnership Programs
BUDGET ACTION REQUIRED:        Approve a 2019 Budget at the May 14

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Commission meeting at the conclusion of the comment period.
STAFF RECOMMENDATION:           To direct staff to gather comments from the
public for the 2019 Action Plan until May 13, 2019 – end of comment period.
PUBLIC HEARING COMMENCED:               No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing and direct staff to gather comments from the public
for the 2019 Action Plan until May 13, 2109 – the end of the comment period.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   B. Public Hearing for DWRF Project Plan Department of Public Works
SUMMARY OF REQUEST: Conduct a public hearing related to the DWRF Project
Plan that was posted for public comment on March 23, 2019 and approve the
Resolution to adopt the plan.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Conduct public hearing and approve the
resolution.
PUBLIC HEARING COMMENCED:               No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing and approve the resolution to adopt the plan.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES
2019-35     NEW BUSINESS:
   A. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish  Public Safety
      1874 Jarman Street (Escrow Funds)
      1079 Holt Street (Escrow Funds)
      190 Wood Street (General Funds)
      1873 Franklin Street (CDBG Funds)
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 owners, agents, or responsible parties if they do not demolish the
structure.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Warren, second by Commissioner Johnson, to concur
with the Housing Board of Appeals decision to demolish 1873 Franklin Street, 190
Wood Street, and 1079 Holt Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
             Nays: None
MOTION PASSES
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to concur with the Housing Board of Appeals decision to demolish 1874 Jarman.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, and Gawron
             Nays: Hood and Warren
MOTION PASSES
   B. Revised Notice of Intent to Issue Capital Improvement Bonds City
      Manager
SUMMARY OF REQUEST: The City Commission previously issued a notice of intent
to issue capital improvement bonds for the purpose of constructing a
convention center. The original intent provided for the borrowing of up to $20
Million for a period of up to 25 years. Upon further review, staff is recommending
that the notice be re-issued to allow for the term to be extended up to 30 years.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:           To approve the Notice of Intent to Issue Capital
Improvement Bonds up to $20 Million for a repayment term not to exceed 30
years for the purpose of constructing a convention center.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,

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to approve the Notice of Intent to Issue Capital Improvement Bonds up to $20
Million for a repayment term not to exceed 30 years for the purposes of
constructing a convention center.
ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
   C. LC Walker Arena Restaurant Proposals           City Manager
SUMMARY OF REQUEST: Economic Development Staff has reviewed the
proposals and made a written recommendation. Staff is requesting permission to
implement the action steps of that recommendation. Staff would return to a
subsequent City Commission meeting to present lease terms for the accepted
proposal(s).
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:          To accept the staff recommendation and
authorize staff to implement the action steps.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to accept the staff recommendation and authorize staff to implement the action
steps.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
            Nays: None
MOTION PASSES
   D. Purchase Agreement Extension – 1490 Lakeshore Drive REMOVED PER
      STAFF REQUEST
   E. Arena Management – ARC Arena Management REMOVED PER STAFF
      REQUEST
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 8:20 p.m.


                                             Respectfully Submitted,




                                             Ann Marie Meisch, MMC – City Clerk

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