City Commission Minutes 10-08-2019

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          OCTOBER 8, 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, October 8, 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, Vice Mayor Eric Hood, Commissioners
Byron Turnquist, Ken Johnson, Debra Warren, Dan Rinsema-Sybenga, and Willie
German, Jr., City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS:               Public comments were received.
2019-80     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 24, 2019
Regular Meeting.
STAFF RECOMMENDATION:          Approval of the minutes.
   C. MDOT Maintenance Agreement              Public Works
SUMMARY OF REQUEST: MDOT has requested renewal of the maintenance
contract by which the City provides maintenance for MDOT operated streets
(M-46 / US-31 BR) within the City of Muskegon. The contract is largely unchanged
from previous iterations and carries a 5-year term.
The City will be reimbursed by MDOT for work performed on M-46 and US-31 BR
within the City of Muskegon. Previous contracts have been in place for several
years without major concern. The contract has been reviewed by staff and
counsel and no objections noted.
STAFF RECOMMENDATION:          Authorize staff the sign the State Trunkline
Maintenance Contract.
   D. Traffic Control Orders   Public Works

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SUMMARY OF REQUEST: To approve the Traffic Control Orders, #54, #55, #56,
and #57 to authorize staff to remove and install various traffic control devices.
STAFF RECOMMENDATION:           To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Orders.
   E. McCormick Sand – Change Order #001               Public Works
SUMMARY OF REQUEST: Add ten water service line replacements to contract
(W-91838.2). McCormick Sand will replace ten lead service lines at various
locations within the City of Muskegon.
Our previously approved Pilot Drinking Water Community Supply Grant has
remaining funds that staff would like to use in order to maximize the number of
lead service line replacements in the City. Change Order #001 represents
$48,387.10 worth of refundable grant money to replace 10 extra lead service
lines at various locations throughout the City of Muskegon. McCormick Sand
was the low bidder on the previously approved contract (February 26, 2019)
and has agreed to hold their pricing for the additional locations.
STAFF RECOMMENDATION:        Authorize staff to sign Change Order #001 to
contract (W-91838.2) with McCormick Sand in the amount of $48,387.10.
   F. Park Storage Land Exchange      Development Services
SUMMARY OF REQUEST: Staff is requesting authorization to enter into an
agreement with Catholic Charities West Michigan to exchange a portion of city
owned property at 1713 Seventh Street for property owned by the diocese at
1095 Third Street.
Catholic Charities West Michigan plans to construct a new building at the
southeast corner of Park and W. Dale, near the Muskegon Rescue Mission and
the population this organization serves. In exchange, the city will receive the
property and structure located at the northwest corner of Third and Houston, in
our developing Midtown area.
STAFF RECOMMENDATION:         To approve the land exchange agreement with
Catholic Charities West Michigan and authorize the mayor and clerk to sign.
   G. Community Relations Committee Recommendations                   City Clerk
SUMMARY OF REQUEST: To accept the resignation of Ann Funk from the
Lakeside Business Improvement District and Larry Boersma from the Farmer’s
Market Advisory Board and to accept the appointments of Samantha Ferguson
to the CDBG/Citizen’s District Council and Kathy Fearnley to the Lakeside
Business Improvement District.
STAFF RECOMMENDATION:      To concur with the recommendations of the
Community Relations Committee and approve the resignations and
appointments.


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Motion by Commissioner Warren, second by Commissioner German, to accept
the consent agenda, as presented, minus item B.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
             Nays: None
MOTION PASSES
2019-81      ITEMS REMOVED FROM CONSENT AGENDA:
   B. Resolution Authorizing Issuance of 2019 Capital Improvement Note
      Finance
SUMMARY OF REQUEST: Resolution authorizing a Capital Improvement Note to
be issued in the aggregate principal sum of not to exceed $3 million dollars for
the purpose of paying the cost of the Scattered Housing Project, including the
cost incidental to the issuance, sale and delivery of the note.
The not will be a single instrument note for $3 million dollars with interest from the
date such installment of principal is delivered to the City until paid at a variable
rate of interest equal to the lesser of (i) the maximum annual rate permitted by
law and (ii) a rate per annum equal to the 30 day LIBOR rate plus 1.25% adjusted
on the first business of each month, first payable on December 1, 2019 and the
first day of each month thereafter. The registered owner of the note will be Fifth
Third Bank.
STAFF RECOMMENDATION:           To approve the resolution authorizing a Capital
Improvement Note to be issued not to exceed $3 million dollars for the purpose
of paying the costs of the Scattered Housing Project.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the resolution authorizing a Capital Improvement Note to be issued
not to exceed $3 million dollars for the purpose of paying the costs of the
Scattered Housing Project.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
2019-82      UNFINISHED BUSINESS:
   A. Recreational Marihuana Regulatory Ordinance – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend the City Code of
Ordinances and adopt a Recreational Marihuana Regulatory Ordinance under
the Michigan Regulation and Taxation of Marihuana Act.
STAFF RECOMMENDATION:            To approve the Recreational Marihuana

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Regulatory Ordinance as part of the City Code of Ordinances.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Recreational Marihuana Regulatory Ordinance as part of the City
Code of Ordinances.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, and Rinsema-Sybenga
            Nays: German and Turnquist
MOTION PASSES
   B. Amendment to the Medical Marihuana Facilities Overlay District to also
      allow Recreational Marihuana Facilities – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend Section 2330 of the
zoning ordinance, the Medical Marihuana Facilities Overlay District, to also allow
for Recreational Marihuana facilities under the Michigan Regulation and
Taxation of Marihuana Act.
Staff is proposing to amend the current Medical Marihuana Facilities Overlay
District to also allow for Recreational Marihuana Facilities. The building and site
requirements are essentially the same for recreational and medicinal facilities
and they would be allowed within the same overlay district, as depicted on the
map. The Planning Commission voted 7-1 in favor of recommending approval of
the ordinance.
STAFF RECOMMENDATION:         To approve the amendments to Section 2330 of
the Zoning Ordinance to also allow for Recreational Marihuana Facilities.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the Recreational Marihuana Regulatory Ordinance as part of the City Code of
Ordinances.
ROLL VOTE: Ayes: Gawron, Hood, Warren, and Johnson
            Nays: German, Rinsema-Sybenga, and Turnquist
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS:               Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:37 p.m.


                                      Respectfully Submitted,




                                      Ann Marie Meisch, MMC – City Clerk


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