City Commission Minutes 05-26-2020

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
              MAY 26, 2020 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                  MINUTES

The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, May 26, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Teresa Emory, and
Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2020-30     CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 11, 2020
Worksession and May 12, 2020 Regular City Commission meeting.
STAFF RECOMMENDATION:           To approve the minutes.
   B. Polling Place Change      City Clerk
SUMMARY OF REQUEST: Staff is requesting City Commission approval to move
the polling location for Precinct 10 from the Lakeshore Fitness Center, 900 W.
Western, to the Muskegon Farmer’s Market, 242 W. Western.
The Lakeshore Fitness Center has closed and the building is no longer available
to be used as a polling place. All affected voters will be sent a letter to notify
them of the change as well as a new Voter ID Card. Signs will be placed at the
Lakeshore Fitness Center to redirect voters to the new polling place for the next
several elections.
STAFF RECOMMENDATION:           To approve the resolution to change the polling
location for Precinct 10 from the Lakeshore Fitness Center to Muskegon Farmer’s

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Market.
   C. 2020-2021 MML Membership Dues          City Clerk
SUMMARY OF REQUEST: Approval to pay the 2020-2021 MML dues in the
amount of $10,399.00. This is an increase of $193.
FINANCIAL IMPACT:        MML Dues: $9,454.00
                         Legal Defense Fund: $945.00
                         Total: $10,399.00
STAFF RECOMMENDATION:       To approve the payment of dues to the Michigan
Municipal League in the amount of $10,399.00.
   F. Ordinance Amendment – Marina and Launch Ramp Parking Public
      Safety
SUMMARY OF REQUEST: Request for commission to consider Ordinance
amendments in regards to marina and launch ramp parking restrictions – 92.74
(1, 2, & 3).
Five (5) violations will be updates with appropriate verbiage to reflect the
current violations (2) and fines that will help ensure permit and parking
compliance at our ramps.
STAFF RECOMMENDATION:           Approve the proposed changes to Ordinance
92-74 (1, 2, & 3).
   G. Setting Harbor West LLC Brownfield Public Hearing         Economic
      Development
SUMMARY OF REQUEST: The Brownfield Redevelopment Authority on May 12
recommended approval of Brownfield Plan Amendment for Harbor West LLC
(Hartshorn Village) at 1000 West Western Avenue and not the City Commission
needs to schedule a public hearing on that plan for June 9, 2020.
Harbor West LLC has submitted a brownfield plan for the first phase of a
residential development along Lakeshore Trail and adjacent to Hartshorn
Marina. The City Commission needs to set a public hearing on the plan for June
9, 2020. The resolution of approval by the Brownfield Redevelopment Authority
and a resolution setting the June 9 public hearing are attached.
STAFF RECOMMENDATION:          To approve the resolution setting a public
hearing for June 9, 2020 on the Harbor West Brownfield Plan Amendment and
notify the appropriate taxing units.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
consent agenda as presented, except item D and E.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga

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            Nays: None
MOTION PASSES
2020-31     CONSENT AGENDA:
   D. LGBTQIA Pride Month Resolution        City Clerk
SUMMARY OF REQUEST: To adopt a resolution declaring June as LGBTQIA Pride
Month in the City of Muskegon.
STAFF RECOMMENDATION:          To adopt the resolution.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to adopt the resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Ramsey, Rinsema-Sybenga, and Emory
            Nays: Hood and German
MOTION PASSES
   E. Parking Enforcement Ordinance – 2nd Reading         Public Safety
SUMMARY OF REQUEST: Amending current parking ordinances 92-71 and 73;
Chapter 92, Article V of the Code of Ordinances of the City of Muskegon to
include parking restrictions and enforcements for public beach parking.
In addition, abandoned vehicle language (L05) was added to restrict vehicles
parked longer than 48 hours on city streets.
STAFF RECOMMENDATION:          Approval to amend Parking Ordinance 92-71
and 92-73.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the Parking Ordinance Amendment for 92-71 and 92-73.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and
           Johnson
            Nays: German
MOTION PASSES
2020-32           NEW BUSINESS:
   A. Lease – 292 W. Western City Manager
REMOVED PER STAFF REQUEST
   B. Expanded Use of Public Property During COVID-19 Emergency            City
      Clerk
SUMMARY OF REQUEST: Due to the COVID-19 pandemic and limited
occupancy business are facing, staff is requesting approval to administratively
review and approve requests for City businesses to expand seating and retail
areas onto portions of public property.

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The COVID-19 pandemic has affected businesses across the City in
unprecedented ways. It is anticipated that businesses will be allowed to re-
open in our region soon. Current guidance and executive orders are
indicating that when businesses re-open they will be faced with reduced
occupancy limits. Many businesses, especially restaurants and bars, operate
on slim profit margins and depend on their normal occupancy levels to
remain profitable.
Communities across the country are pursuing various ways to allow
businesses to gain additional occupancy by expanding outdoors. While
businesses would still be required to maintain proper social distancing
standards outdoors, this can allow customers to be in an open-air setting
which is believed to carry less risk while also allowing the business to make up
some of their lost indoor seating or retail space.
Many businesses across the City are contiguous to public property and the
City has a unique opportunity to allow businesses to expand their footprint
onto public property, including sidewalks, parking spaces, and streets.
The Michigan Liquor Control Commission (MLCC) has changed their rules to
allow for a “Limited Permanent Outdoor Service Area”. Recently, 18th
Amendment has approached the City and asked for approval to use public
property to expand their seating area, including the use of the street. The
MLCC’s application requires local governmental authorization to use the
public property as part of the application review. These applications are only
approved through the fall season and expire October 31, 2020.
It is anticipated that other liquor license holders will also wish to use public
property to expand. It is also anticipated that additional restaurants or retail
businesses will also wish to do the same.
Staff is recommending that we allow interested businesses to request
approval to expand onto public property in order to help them get closer to
or reach their normal occupancy level. This could include city streets in some
areas. Due to every day being critical to business success this summer and
fall, staff is requesting your approval for staff review and approval of these
requests.
Each business owner would be required to list the City as an additional
insured and submit a site plan showing their requested use of public space.
The site plan would need to include how pedestrian traffic and ADA
accessibility will be maintained. Those requesting approval of public space
for liquor purposes will be required to follow all MLCC rules related to securing
the approved area with barriers, monitoring exits, and intoxicated persons.
The Directors of Public Safety, Development Services, Public Works, and City
Manager will review each request for approval.
Attached is a proposed plan to use public space along Western Ave between 2
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and 3rd as well as 4th and 5th. Other areas of the Downtown and City are also
open to review. Staff recognizes that not all businesses may be able to be
accommodated or expand onto public property but staff’s goal is to be as
flexible as possible to support as many businesses that wish to make a request.
STAFF RECOMMENDATION:           To authorize City staff to approve reasonable use
of public property to allow business owners to expand their seating or retail
footprint during the COVID-19 virus protection period in the summer and fall of
2020, provided the Directors of Public Safety, Municipal Services, Public Works,
and City Manager concur on the approval, and the approvals expire October
31, 2020.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize City staff to approve reasonable use of public property to allow
business owners to expand their seating or retail footprint during COVID-19 virus
protection period in the summer and fall of 2020, provided the Directors of Public
Safety, Municipal Services, Public Works, and City Manager concur on the
approval, and the approvals expire October 31, 2020.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   C. Purchase Agreement – 188 4th Street City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to enter into a
purchase agreement for 1188 4th Street.
1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the City purchased the property and completed
a renovation. The property was listed on the MLS for $229,900; an offer was
accepted for $225,000. Staff is seeking permission to approve the purchase
agreement and complete the sale. Note that his property is part of the
scattered site brownfield project. Any difference in sales price and renovation
will be recovered via tax capture.
STAFF RECOMMENDATION:      Authorize the City Manger to sign the purchase
agreement and complete the sale.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to authorize the City Manager to sign the purchase agreement and complete
the sale.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None


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MOTION PASSES
PUBLIC COMMENT: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:44 p.m.


                                        Respectfully Submitted,




                                        Ann Marie Meisch, MMC – City Clerk




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