City Commission Minutes 09-28-2021

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
       SEPTEMBER 28, 2021 @ 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, September 28, 2021,
Commissioner Willie German, Jr., opened the meeting with a 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, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, City Manager – Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS:               Public comments were received.
HONORS, AWARDS, AND PRESENTATIONS:
  A. Senior Power of Produce Volunteer Recognition
Several people from the Senior Power of Produce program were recognized for
being excellent volunteers. The Senior Power of Produce program provided
$93,000 in produce to area seniors. The program is made possible by the Lions
Club, the City of Muskegon, and Senior Resources Senior Millage dollars. The
Senior Power of Produce served between 1100 and 1400 seniors each Tuesday
for ten weeks this summer.
2021-86      CONSENT AGENDA:
  A. Approval of Minutes        City Clerk
REMOVED PER STAFF REQUEST
  C. Aquarium Feasibility Study        Economic Development
SUMMARY OF REQUEST: Staff is requesting authorization to commit funds of the
City to be included in a Feasibility Study as one of two potential locations for the
construction of an aquarium facility in the West Michigan region. The Feasibility
Study would be coordinated by the John Ball Zoo (JBZ) in Grand Rapids and
conducted by Zoo Advisors, Inc.
The JBZ is currently exploring the viability of building a large scale aquarium in
the West Michigan area to compete with similar major marine attractions across

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the United States. Staff initiated contact with JBZ officials earlier this Spring to
assess the impact of locating this pivotal tourist destination within the City. The
City is an established tourism and cultural destination throughout the region and
is supported by area educational and Great lakes environmental throughout
the region and is supported by area educational and Great Lakes
environmental research institutions. Exploring the potential of adding a
conservation, research and community education aquatic asset to our
lakeshore community could realize greater social resiliency and further catapult
our local and regional economy’s as a premier national tourism destination. The
City continues to reclaim its former industrial waterfront for a mix of uses
designed to enhance public waterfront access and further connect to our
vibrant downtown and other recreational activities.
Four phases of the 9-12 month Feasibility Study process would include Concept
Development (2-3mo), Preliminary Research Study (3-4mo), Project Modeling (2-
3mo), and Economic Impact (2mo). Results of the Study would further develop
the aquarium concept, assess the operational feasibility of locations in the City
of Muskegon and Kent County, establish attendance estimates, project
preliminary capital investment of construction, and develop economic impacts
associated with construction and operation of the facility in both potential
locations. JBZ has proposed a cost-sharing arrangement for the total cost of the
$227,585 Study. One-third of the fee would be paid by the City of Muskegon,
one-third by Kent County, and the remainder by JBZ.
Based on estimates of a 2018 JBZ Feasibility Study, a $150M aquarium investment
would, at minimum, result in a $100M impact on the regional economies.
According to their website, Zoo Advisors is a full-service planning and consulting
firm focused on helping zoos, aquariums, and conservation organizations
advance their missions, increase impact, and grow sustainability.
The expense will need to be included in a future reforecast of the budget if
approved.
AMOUNT REQUESTED:         $75,000             AMOUNT BUDGETED:         $0
FUND OR ACCOUNT:          TBD
STAFF RECOMMENDATION:          To authorize the commitment of funds to include
the City of Muskegon in a Feasibility Study as a potential location for the
construction of an aquarium facility in the West Michigan region.
  D. Reassignment of Building Contracts for 769 Catawba Avenue and 548 E
     Dale Avenue      CNS
SUMMARY OF REQUEST: To award the Building Contracts of the rehabilitation of
769 Catawba Avenue and 548 E. Dale Avenue to Nassau Construction for the
City of Muskegon’s Homebuyers Program.


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Both contracts were previously awarded to Mike Murphy, Custom Exteriors, LLC.
Unfortunately, Mr. Murphy is not able to fulfill his contract to rehabilitate 769
Catawba Avenue and 548 E Dale Avenue.
CNS is requesting that the 2 rehabilitation projects be awarded to the second
bidder – Nassau Construction;
Nassau Construction is a MBE (Minority Business Enterprise) and WBE (Woman-
owned Business Enterprise) with a history of working with the city since 2018 for
our Homebuyers, Lead Safe Muskegon and Muskegon County Senior Millage
programs.
AMOUNT REQUESTED:        $91,910 – Catawba Avenue
                         $81,231 – Dale Avenue
AMOUNT BUDGETED:         $220,000
FUND OR ACCOUNT:         HOME Program
STAFF RECOMMENDATION:        To award Nassau Construction the rehabilitation
contracts for 769 Catawba Avenue and 548 E Dale Avenue.
  E.   Alley Paving Policy      Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the Alley Paving Policy
effective for the 2022 Calendar Year.
The draft Alley Paving policy was discussed at the September 13, 2021
Worksession Meeting. Minor adjustments to the draft policy were made to clarify
the difference between “Residential” and “Non-Residential” parcels.
STAFF RECOMMENDATION:           To approve the Alley Paving Policy.
  H. Water Filtration Plant Fencing – Change Order #001         Public Works
SUMMARY OF REQUEST: Staff is seeking approval of a change order with Fence
Consultants for $23,260.35 for the fending project at the Water Filtration Plant.
This change order includes the use of Ultra Aluminum fencing in place of the
originally proposed black vinyl coated chain link fencing.
The City Commission previously approved a proposal from Fence Consultants to
replace the Water Filtration Plant fencing on the east side of the plant property.
The project included the replacement of the existing chain link fencing with
black vinyl coated chain link fencing.
Upon further discussion with city staff, it was decided to investigate the cost of
using decorative aluminum fencing that would match the existing fencing on
the west side of the Water Filtration Plant. City staff is now recommending that
Ultra Aluminum fencing be used instead of the originally proposed black vinyl
coated chain link fencing. This upgrade will improve the appearance along the
east side of the plant and provide continuity with the existing fencing that was


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upgraded 2018.
AMOUNT REQUESTED:         $19,219.44            AMOUNT BUDGETED:        $0
FUND OR ACCOUNT:          591-92034-5346
STAFF RECOMMENDATION:           Authorize staff to approve the change order from
Fence Consultants for $23,260.35 for the replacement of the fencing and gate
on the east side of the Water Filtration Plant property with Ultra Aluminum
Fencing.
  I.   Administrative Vehicle Replacement                Public Works
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase two Chevy Blaser’s from Berger Chevrolet the State Mi-Deal contract
holder. The price of this vehicle is $32,936.00 each for a total price of $64,872.00
coming from the Equipment budget.
AMOUNT REQUESTED:         $64,872.00            AMOUNT BUDGETED:        $85,000
STAFF RECOMMENDATION:           Authorize staff to move forward with the
purchase.
  J.   Temporary Art Installation, 1095 Third            Economic Development
SUMMARY OF REQUEST: The City Commission is asked to approve the use of the
exterior of the city-owned, former Catholic Social Services building for a
temporary photo exhibit through the end of the year.
Local photographer Patrick Thompson of Pat ApPaul Photography has
requested to use the exterior of the city-owned, former Catholic Social Services
building at 1065 Third to present The Stand phot exhibition through the end of
the year. The city is seeking a new owner to redevelop the office building in
Midtown. The current exterior will be removed. The exhibit will be taken down if a
new owner needs the exterior before the end of the year. The Lemonade Stand
of Muskegon is a residential home in the heart of downtown and Nelson
Neighborhood supporting those with mental health and addiction issues.
Thompson visually captured The Stand in a work that has been published in a
book and in a multi-media presentation. The Stand images would be temporarily
attached to the outside of the building along Third Street for public viewing.
STAFF RECOMMENDATION:          To authorize Patrick Thompson of Pat ApPaul
Photography in Muskegon to use the exterior of 1095 Third for The Stand Photo
Exhibition through the end of 2021 or the building is needed by a new owner for
redevelopment.
  K. West Urban ARP Development Agreement City Manager
REMOVED PER STAFF REQUEST
  L.   Holiday Lights on Western Avenue         City Clerk


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SUMMARY OF REQUEST: Terry Puffer has approached the City with a
commitment to raise $30,000 to decorate the downtown with colorful lights. It’s
a program he would like to add to each year. We have reached out to
Lakeshore Aquascape who can do the decorating. They need to start in two
weeks and require half down.
Terry Puffer is working to secure $15,000 in sponsors to get the project going.
Once he does, we are asking permission to sign an agreement with Lakeshore
Aquascape in the amount of $30,000. If Mr. Puffer is not able to secure the
additional $15,000, the city will need to pay that amount from its PR fund.
AMOUNT REQUESTED:        Up to $15,000       AMOUNT BUDGETED:         $0
FUND OR ACCOUNT:         Public Relations
STAFF RECOMMENDATION:            To authorize the Clerk to sign an agreement for
$30,000 in holiday lighting with Lakeshore Aquascape once the $15,000 in
donations are secured.
  M. Shoreline Tram Transfer City Clerk
SUMMARY OF REQUEST: We are seeking approval to accept the gift of an 18-
seat Tran, being gifted by Ramos Towing. Acceptance of the gift will allow the
City to add the vehicle to the City’s insurance. Ramos Towing donates hundreds
of hours, paying their staff to run the Shoreline Tram for City events at no charge
while paying $1,000 per month in insurance costs.
STAFF RECOMMENDATION:         To authorize the City Clerk to sign the Gift
Agreement for Shoreline Tram gifted by Ramos Towing.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to accept the consent agenda as presented minus items B, F, and G.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and
           Johnson
            Nays: None
            Absent: Emory
MOTION PASSES
2021-87     REMOVED FROM CONSENT AGENDA:
  B.   Solid Waste Ordinance Amendment                 City Manager
SUMMARY OF REQUEST: Staff is seeking approval of an amendment to Chapter
70, Article II of the Code of Ordinances in coordination with the revised
Sanitation Policy.
The newly adopted Sanitation Policy includes revised times when refuse
collection carts can be placed at the curb and restricts where the carts can be
stored. Staff is seeking a change to the Solid Waste ordinance to match the new

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standards.
STAFF RECOMMENDATION:          To amend and adopt Chapter 70, Article II,
Section 31 (a) of the Code of Ordinances for Solid Waste.
Motion by Commissioner Johnson, second by Commissioner German, to amend
and adopt Chapter 70, Article II, Section 31(a) of the Code of Ordinance for
Solid Waste.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to amend the
motion and have the ordinance language read “Mixed refuse collection carts
shall be removed by the owner and occupant of the residential unit not later
than 7:00 a.m. of the day after the collection day and stored in a discrete
location.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey
to table this item
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
             Nays: None
MOTION PASSES
  F.   Deer Hunting Ordinance Amendment               Public Works
SUMMARY OF REQUEST: Staff is requesting approval of an amendment to
Chapter 6 of the Code of Ordinances to incorporate the new Section 6-19
which provides for limited archery hunting options within the City of Muskegon.
The draft Archery Hunting ordinance was discussed at the September 13, 2021
Commission Work Session meeting. No revisions have been made to the draft
ordinance that was presented at that meeting.
STAFF RECOMMENDATION:         To amend Chapter 6 of the City Code of
Ordinances with the addition of Section 19.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to amend Chapter 6 of the City Code of Ordinances with the addition of Section
19.
ROLL VOTE: Ayes: Rinsema-Sybenga
             Nays: Emory, Johnson, Gawron, Hood, Ramsey, and German
MOTION FAILS
  G. Traffic Control Order #71       Public Works
SUMMARY OF REQUEST: Staff is requesting approval of Traffic Control Order #71-
(2021) for the installation of “Yield Signs” at East and West bound Ada Avenue at
Williams Street.


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STAFF RECOMMENDATION:          To approve Traffic Control Order #71-(2021).
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve Traffic Control Order #71-(2021).
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
2021-88      UNFINISHED BUSINESS:
  A. Amendment to the Floodplain Management Ordinance – SECOND
     READING  Planning
SUMMARY OF REQUEST: Staff-initiated request to amend Sections 26-401
through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
The only change is to the Flood Insurance Rate map panels listed in Section 25-
403.
STAFF RECOMMENDATION:          To approve the request to amend Sections 26-
401 through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the request to amend Section 26-401 through 26-405 of the City
Code of Ordinances to adopt the new Flood Insurance Rate Map panels from
the National Flood Insurance Program.
ROLL VOTE: Ayes: Johnson, Gawron, Good, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
  B.   Rezoning of 1128 Roberts – TABLED on August 24, 2021   Planning
SUMMARY OF REQUEST: Request to rezone the property at 1128 Roberts Street
from R-1 Single-Family Residential Low Density to MC Medical Care, by Fresh
Coast Alliance.
The Planning Commissioner unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use
permit, contingent upon the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission
requested to prepare a separate agreement that would limit intensive medical
zoning uses at the location. A proposed Conditional Zoning Agreement is
provided.

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This item was removed from the table on August 24, 2021 for further discussion
and was then tabled until September 28, 2021.
STAFF RECOMMENDATION:          To (approve/deny) the request to rezone the
property at 1128 Roberts Street from R-1 Single-Family Residential Low Density to
MC Medical Care.
Motion by Commissioner Ramsey, second by Vice Mayor Hood, to deny the
request to rezone the property at 1128 Roberts Street from R-1 Single-Family
Residential Low Density to MC Medical Care.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-89   PUBLIC HEARINGS:
  A. Final PUD Approval at Adelaide Point              Planning
SUMMARY OF REQUEST: Request for final Planned Unit Development (PUD)
approval for a mixed-use development at 920/1148/1204 W Western Avenue.
The Planning Commission unanimously recommended approval (5-0, 4 members
absent) at their September 15 meeting, with the following conditions:
   1. A stormwater permit is obtained from the Muskegon County Drain
      Commissioners Office.
   2. Staff approves an amended site plan that addresses the comments from
      the Public Works, Fire, and Planning Departments.
STAFF RECOMMENDATION:           To approve the request for final Planned Unit
Development (PUD) approval for a mixed-use development at 920/1148/1204 W
Western Avenue with the following conditions: 1)A revised site plan that
addresses narrower streets and water main and fire hydrants locations is
approved by staff 2) The site plan receives a stormwater permit from Muskegon
County Drain Commissioners Office 3) A development agreement that
establishes public accesses requirements is approved by the City Commission.
PUBLIC HEARING COMMENCED:             No public comments were received.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to close the
public hearing and to approve the request for final Planned Unit Development
(PUD) approval for a mixed-use development at 920/1148/1204 W Western
Avenue with the following conditions: 1) A revised site plan that addresses
narrower streets and water main and fire hydrants locations is approved by staff
2) The site plan receives a stormwater permit from Muskegon County drain
Commissioners Office 3) A development agreement that establishes public
accesses requirements is approved by the City Commission.

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ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
            Nays: None
MOTION PASSES
2021-90     NEW BUSINESS:
  A. DDA Liquor License – 1208 8th Street   Planning
SUMMARY OF REQUEST: Request for issuance of a DDA On-Premise Liquor
License for Motu Lakeshore Wine Bar, LLC at 1208 8th Street
STAFF RECOMMENDATION:         To approve the request for a DDA On-Premise
Liquor License for Motu Lakeshore Wine Bar, LLC at 1208 8th Street.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the request for a DDA On-Premise Liquor License for Motu Lakeshore
Wine Bar, LLC at 1208 8th Street.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:     Commissioner Ramsey requested an update at the
next meeting as to what is happening at the Watermark. Commissioner Johnson
announced an expungement clinic to be held on Friday, October 1, 2021 at the
Muskegon Farmers Market from 3:30 p.m. – 7:30 p.m. Mayor Gawron announced
that the City of Muskegon would be hosting the Michigan Municipal League
Convention October 19-21, 2022.
PUBLIC COMMENT ON NON-AGENDA ITEMS:                   Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 9:27 p.m.


                                            Respectfully Submitted,




                                            Ann Marie Meisch, MMC – City Clerk




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