City Commission Minutes 05-28-2019

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             MAY 28, 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, May 28, 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, Dan Rinsema-Sybenga, and Willie
German, Jr., City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
2019-41     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve minutes of the May 13, 2019 Worksession
and May 14, 2019 Regular Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   C. Aggregates, Highway Maintenance Materials and Concrete       Department
      of Public Works
SUMMARY OF REQUEST:
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to
Great Lakes Chloride
Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.
Award bid to supply Sylvax patching material to Unique Paving Materials
Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products
Award bid for crack sealant to Surface Coatings, Co.

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Award bid to supply H1/32FA limestone chip blend to Verplank Trucking
Company
Award bid to supply road slag to Yellow Rose Transport
Award bid to supply road gravel to Yellow Rose Transport and Verplank
Award bid to supply 2NS sand to Verplank Trucking Company
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply fill sand to Accurate Excavators
Award bid to supply concrete mix to Port City Redi-Mix
FINANCIAL IMPACT:       $516,030.00
BUDGET ACTION REQUIRED:        None; funds appropriated in several budgets.
STAFF RECOMMENDATION:          Recommend approval of bids as outlined in the
Summary of Request.
   D. Contract for Mowing, Trash, and Brush Pickup       Public Safety
SUMMARY OF REQUEST: The City of Muskegon had requested contract fee
proposals for mowing, trash, and brush clean up on both private and public
properties throughout the City of Muskegon for a three (3) year limit with the
option to be extended one (1) year upon mutual agreement from both parties
with a 60-day notice before expiration of the contract.
This request resulted in two submissions from area contractors to perform the
services needed. Because of the varying process, we would like to recommend
that a three (3) year contract be awarded to Earth Creations LLC with the
option to extend one (1) year upon mutual agreement.
Earth Creations LLC has served as the contractor for these services for the past
11 years; they have worked diligently and seamlessly with the City of Muskegon.
The rates Earth Creations have applied to this bid are higher than in previous
years due to increased costs in insurance, equipment, and labor. Awarding
contract as indicated would also be accepting the lowest bidder.
FINANCIAL IMPACT:       Funds budgeted for this activity.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve a three (3) year contract with Earth
Creations, LLC.
   H. Zoning Ordinance Amendment – Critical Dunes        Planning & Economic
      Development
SUMMARY OF REQUEST: Staff initiated request to amend section 2310 of the
zoning ordinance to make several changes to the critical dune ordinance.
FINANCIAL IMPACT:       None

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BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:       The Planning Commission unanimously
recommended approval of the request at their May 16 meeting.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
consent agenda as presented, except items B, E, F, and G.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2019-42   ITEMS REMOVED FROM CONSENT:
   B. Authorization to Sign Community Housing Development Organization
      (CHDO) Agreements       Community & Neighborhood Services
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the
approved agreement for the City’s CHDO Reserve and Operating Funds for
Bethany Housing Ministries, Inc., doing business as Community enCompass.
Community enCompass, has proposed to build a multi-family home, located at
480 Houston in the Nelson Neighborhood. The total budget for this project is
$108,000. Community eCcompass has been allocated $100,000 (CHDO Reserve)
and $8,000 (CHDO Operating), in HOME funds to assist in the completion of this
home. Community enCompass will be providing decent affordable housing
within the City of Muskegon.
After the Mayor and Clerk sign the contracts, the CNS office will retain one copy
for our files and a copy will be supplied to Community enCompass for their
records.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         HOME Funds prior to 2018.
STAFF RECOMMENDATION:           To direct the Mayor and Clerk to sign the
agreements.
Motion by Vice Mayor Hood, second by Commissioner Hood, to direct the
Mayor and Clerk to sign Community Housing Development Organization
Agreement for Bethany Housing Ministries, Inc., DBA Community enCompass.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES


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   E. Halaula Hawaiian Ice Shack Concession/Business Contract for City of
      Muskegon Parks Department of Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a seasonal
contractual agreement for 2019 with Kim Fegel of “Halaula Hawaiian Ice Shack”
at Pere Marquette Park, Margaret Drake Park, and Kruse Park, located within the
City of Muskegon, to sell various items, as stated in their proposal, from a mobile
concession.
FINANCIAL IMPACT:        Concession revenue is $1,000 plus 5% of gross receipts.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         Enter into a seasonal Concession/Business
contractual agreement, for 2019, with Kim Fegel of “Halaula Hawaiian Ice
Shack”
Motion by Commissioner Johnson, second by Commissioner Warren, to enter
into a seasonal Concession/Business contractual agreement for 2019 with Kim
Fegel of Halaula Hawaiian Ice Shack.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
            Nays: None
MOTION PASSES
   F. Trespassing Ordinance (Amendment)                Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission
consider amending the City of Muskegon Trespassing Ordinance to reflect the
change in the new State Law (MCL 750.552), which has been amended from a
93 day misdemeanor with a maximum fine of $500.00 to a reduced penalty.
A city ordinance cannot exceed the State Law penalty and/or fine schedule,
this adjustment will align our trespassing ordinance and bring our local law into
compliance with the statute. The city’s penalty and fine for trespassing would be
reduced to a 30 day misdemeanor and/or a fine of $250.00.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the reduced penalty to comply with
State Law.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the ordinance amendment reducing the penalty to comply with
State Law.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga

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            Nays: None
MOTION PASSES
   G. Disorderly Conduct Ordinance (Amendment)           Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission
consider the amendment to 54-101 (Disorderly Conduct Ordinance) Subsection
(a.3) amplifying the sound produced by a radio or other electronic device from
a motor vehicle (public place, roadway, or park).
This adjustment will define a violation for amplified sound being produced in
such a manner to be plainly audible at a distance 50 feet from the location of
said motor vehicle. A person who violates 54-101 (a.3) shall be responsible for a
civil infraction.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:       To approve the amendment to the Disorderly
Conduct Ordinance (54-101 a.3).
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the ordinance amendment to the Disorderly Conduct Ordinance (54-101 a.3).
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
2019-43     NEW BUSINESS:
   A. Amendment to the Form Based Code Section of the Zoning Ordinance
      Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the form based code
section of the zoning ordinance to create new context areas for Lakeside.
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 at their May 16 meeting.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the zoning ordinance amendment.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson


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            Nays: None
MOTION PASSES
   B. Rezoning of Several Parcels in the Lakeside Neighborhood Planning &
      Economic Development
SUMMARY OF REQUEST: Staff initiated request to rezone several properties in
Lakeside to Form Based Code.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the rezonings, contingent upon the approval of the
zoning ordinance amendment by City Commission.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the zoning ordinance amendment.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
            Nays: None
MOTION PASSES
   C. 2019 CDBG/HOME Budget Recommendations               Community &
      Neighborhood Services
SUMMARY OF REQUEST: To approve the 2019 Budget Recommendations for
CDBG/HOME Allocations.
FINANCIAL IMPACT:        Budget will be published for release of funds request.
BUDGET ACTION REQUIRED:         To finalize the budget for the CNS department
and direct staff to publish approved 2019 CDBG/HOME Allocation and Budget
for Release of Funds and Environmental Review of Projects.
STAFF RECOMMENDATION:           To approve the 2019 CDBG and HOME Budgets.
COMMITTEE RECOMMENDATION:              The Citizens District Council has made their
recommendations.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the staff recommended 2019 CDBG and HOME budgets.
      Motion to amend the staff recommended budget to remove $30,000 from
      Skate Parks, add $25,000 to Priority Home Repair, and add $5,000 to
      Sidewalks.
      ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,


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      Gawron, and Hood
      Nays: None
      MOTION PASSES
ROLL VOTE ON ORIGINAL MOTION W/ AMENDMENTS:
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
   D. Convention Center Development Agreement Changes City Manager
SUMMARY OF REQUEST: City Staff is seeking approval to accept the following
proposed changes to the Convention Center Development Agreement.
   1. Extend the requirement for Parkland Acquisitions Two, LLC to levy the 4%
      self-assessment to December 31, 2050, or the expiration of the convention
      center debt, whichever is sooner;
   2. Reduce the minimum square footage of the multi-purpose hall in the
      Convention Center to 17,500 square feet;
   3. Remove any requirements that contractors pay their employees
      prevailing wages.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None at this time.
STAFF RECOMMENDATION:       To accept the changes and authorize the
manager to proceed with the development, as amended.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to accept the changes and authorize the manager to proceed with the
development as amended.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood
            Nays: Warren and German
MOTION PASSES
   E. Sale of City Property at 1246 Fifth, 1252 Fifth, and 1258 Fifth Planning &
      Economic Development
SUMMARY OF REQUEST: Staff is seeking approval to sell the three vacant parcels
at 1246, 1252, and 1258 Fifth Street to West Urban Properties, LLC, a Michigan
Domestic Limited Liability Company. These parcels are zoned R-3 (Single-Family
Residential). The parcels will be combined then split into two parcels with a
single-family home being constructed on each.


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FINANCIAL IMPACT:        Staff recommends a sale price of $3,600.
BUDGET ACTION REQUIRED:       None
STAFF RECOMMENDATION:        Approval and signature of the purchase
agreement, resolution, and deed.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
approve the purchase agreement and resolution.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           and Johnson
            Nays: None
MOTION PASSES
2019-44     ANY OTHER BUSINESS:
Commissioner Turnquist would like to know what has happened with the sand
pile that has been at Pere Marquette in the past.
Commissioner German has spoken with residents about a road project to take
place in the area of Marsh and Walton near Wood Street.
Motion by Commissioner German, second by Vice Mayor Hood, to amend the
design for the Marsh/Walton project, maintaining the connection to Wood Street
and to authorize funds to pave and keep the road open.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
Commissioner Johnson raised the topic of addition of public comment to the
top of the agenda. A meeting will be scheduled to review Commission rules.
Commissioner Warren asked about CRC meetings being held out in the
community.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 9:20 p.m.


                                     Respectfully Submitted,




                                     Ann Marie Meisch – MMC, City Clerk

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