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C I TY OF M US K EG O N
CITY COMMISSION MEETING
NOVEMBER 24, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
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, November 24, 2015.
Pastor Matt Sharpe, 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 Gawron, Vice Mayor Lawrence Spataro, Commissioners
German, Rinsema-Sybenga, Turnquist, Johnson, and Hood. City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
2015-89 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the November 9, 2015
Worksession Meeting and the November 10, 2015 Regular City Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Gaming License Request from the Muskegon Senior High School Band
Parents Association City Clerk
SUMMARY OF REQUEST: The Muskegon Senior High School Band Parents
Association is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License. They have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
C. Rezoning Request for the Property Located at 962 W. Sherman Avenue
Planning & Economic Development Department
SUMMARY OF REQUEST: Request to rezone property at 962 West Sherman
Avenue from B-2, Convenience and Comparison Business District, to B-4,
General Business District, by MJK Properties.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their November 12, 2015 meeting.
D. Rezone Properties from I-2, General Industrial, to WI-PUD, Waterfront
Industrial Planned Unit Development, on Portions of Causeway and
Bank Street Planning & Economic Development Department
SUMMARY OF REQUEST: Staff initiated request to rezone the properties located
at 53 Bank Street, 59 Bank Street, 151 North Causeway, a portion of 131 North
Causeway, and a portion of 401 North Causeway, from I-2, General Industrial, to
WI-PUD, Waterfront Industrial Planned Unit Development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their November 12, 2015 meeting.
E. Permanent Traffic Control Orders – Removal of Traffic Signals and
Installation of Stop and Speed Limit signs on and along Muskegon and
Webster from 9th to Spring – Traffic Control Orders # 19 and # 20 – (2015)
Department of Public Works
SUMMARY OF REQUEST: Authorize staff to remove traffic signals and install stop
signs and speed limit signs along and intersecting Muskegon and Webster
Avenues, per Traffic Control Orders #19 and #20 – (2015).
FINANCIAL IMPACT: Cost incorporated into the reconstruction of Muskegon
and Webster Avenues.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to remove and install various traffic
control devices per Traffic Control Orders #19 and #20 – (2015).
F. Removed at Staff Request
G. Purchase of HUD Home at 2324 Park Drive Community and
Neighborhood Services Department
SUMMARY OF REQUEST: To approve the purchase of a HUD home located at
2324 Park Drive in Campbell Neighborhood for the price of $45,000 (Forty-Five
Thousand Dollars).
After the sale, Community and Neighborhood Services will rehabilitate the single
family dwelling as part of the HOME funded Home Buyers Program.
FINANCIAL IMPACT: The funding used for the purchase and rehabilitation will
come from 2015 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the property.
H. Engineering Services Agreement with Hubbell, Roth & Clark, Inc.
Engineering Department
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Hubbell, Roth and Clark, Incorporated out of Grand Rapids to
perform the design and construction engineering for the section of trail between
Keating at Port City Boulevard and the Musketawa Trail at an estimated cost of
$21,845.
The recommendation for Hubbell, Roth, & Clark, Inc., was arrived at after
reviewing two other proposals from Westshore Engineering for $22,880 and from
Fleis & Vandenbrink Engineering for $34,300.
FINANCIAL IMPACT: The engineering fee and the construction cost will be paid
for via an MDNR grant the City had secured a while back.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering services
agreement with Hubbell, Roth, & Clark, Inc.
I. SEIU Clerical Union Contract Ratification City Manager
SUMMARY OF REQUEST: SEIU Unit 1 currently has approximately 20 members,
most of them classified as Customer Service Representatives. These are the city’s
front-line team members and they handle important tasks for the Treasurer’s
Office, as well as the City Clerk, Community and Neighborhood Services, Police,
and Public Works Departments. The group’s current collective bargaining
agreement is set to expire on December 31, 2016. The contract calls for a wage
opener to determine wages effective January 1, 2016. As part of the wage
negotiations, city staff and unit bargaining team members tentatively agreed to
extend the current agreement for two additional years with the following
changes:
1. 2.5% wage increase effective January 1, 2016
2. Creation of a 12th pay step effective January 1, 2017
3. Creation of a 13th pay step effective January 1, 2018
4. Changes to the merit step system for pay steps after step 4
5. Increase the employer match to the employee HSCP from 1% to 3%
6. New expiration date of December 31, 2018
FINANCIAL IMPACT: As listed above.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To thank the members of SEIU Unit 1 for their hard
work and dedication to the citizens of Muskegon, approve the tentative
agreement, and authorize the Mayor and Clerk to sign the contract.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
approve the consent agenda as read, with the exception of item J.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
2015-90 ITEMS REMOVED FROM CONSENT AGENDA:
J. New Plow Truck Department of Public Works
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one new plow truck from West Michigan International, the MI-Deal
State contract holder.
FINANCIAL IMPACT: $84,292.85
BUDGET ACTION REQUIRED: None. This is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase (1) one new plow truck
from West Michigan International, LLC.
Motion by Commissioner German, second by Vice Mayor Spataro, to authorize
staff to purchase one new plow truck from West Michigan International, LLC.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
PRESENTATIONS:
The West Michigan Lake Hawks Basketball Team was introduced at this time.
2015-91 PUBLIC HEARINGS:
A. Public Hearing & Approval of the Parks & Recreation Master Plan 2016
Update Planning & Economic Development Department
SUMMARY OF REQUEST: In order to seek grant money to update or improve on
our parks we must have an approved Parks and Recreation Plan submitted to
and approved by the State. The plan would be active for the maximum 5 years
allowed by the State. Therefore, staff has worked on updating the plan and had
the first public hearing before the Planning Commission on August 13, 2015. In
addition, minor changes were included, as well as updates to existing parks
being added.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold a public hearing and for the City Commission
to adopt the “Muskegon Parks & Recreation Master Plan 2016” updates and to
authorize the Mayor and Clerk to sign any documents necessary to the updates
and to forward the plan to the Michigan Department of Natural Resources for
final approval.
COMMITTEE RECOMMENATION: The Planning Commission held a public hearing
and recommended approval at their regular meeting of August 13, 2015.
PUBLIC HEARING COMMENCED
No public comments received.
Motion by Vice Mayor Spataro, second by Commissioner German, to close the
public hearing.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
Motion by Commissioner Johnson, second by Vice Mayor Spataro, to adopt the
“Muskegon Parks & Recreation Master Plan 2016” updates and authorize the
Mayor and Clerk to sign any documents necessary to the updates and to
forward the plan to the Michigan Department of Natural Resources for final
approval.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
B. Public Hearing to Create a Special Assessment District in the Business
Improvement District Planning & Economic Development
SUMMARY OF REQUEST: The Downtown Business Improvement District (BID) Board
has requested a special assessment district for downtown properties. The
assessments will go towards various downtown expenditures, including snow
removal on sidewalks, spring/fall cleanup and landscaping, holiday decorating,
banners and direction signs, marketing, advertising, and art. The BID assessment
includes both a “Class A” and a “Class B” district.
FINANCIAL IMPACT: The total estimated cost of services within the BID is
$128,467.36 of which approximately 97% ($124,864.32) will be paid by the special
assessment funds paid by property owners, with the remaining cost being paid
by the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment district as outlined
and assign two City Commissioners to the Board of Assessors by adopting the
resolution.
PUBLIC HEARING COMMENCED
Public Participation: the following members of the public spoke regarding the
special assessment:
David Wells, Attorney for Press’ Development, LLC, Twin Lake re: 275 W. Clay -
opposed
Alan Jager, 8081 Holton Duck Lake Road, Holton, MI – owner of 275 W. Clay -
opposed
Tammy Jager, 8081 Holton Duck Lake Road – opposed
Clyde Whitehouse for Hot Rod Harley at 149 Shoreline Drive – opposed
Michael Hennessey, 5100 Crystal Lake Road, owns Boar’s Belly and Hennessey’s
– opposed
Brad Link, owner of business at 1125 Third St, business and residence address -
opposed
Michael Kordecki – 1145 Third Street, 5 properties downtown, asks that hearing
be continued, not in favor or opposed at this time.
NEBA LLC, Owner of 591 W. Western – opposed
Gary Post, 272 W. Clay, Owner of Heritage Square and Russell Block – in favor
Jim Riley from Norton Shores, opposed
Kim Lemke – owner of Positivity, 1137 Third - opposed
David Fukes – 20 E Muskegon – opposed
Mark Campbell, Hot Rod Harley – 149 Shoreline – opposed
Ed Garner, BID Board Member – money will not go toward salaries – in favor
Julie Miller – 585 W. Clay – opposed
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
close the public hearing.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, and Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to create the
special assessment district as outlined and assign two City Commissioners to the
Board of Assessors by adopting the resolution,
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, and Spataro
Nays: German and Turnquist
MOTION PASSES
Commissioner Rinsema-Sybenga and Commissioner Johnson are appointed to
the Board of Assessors.
2015-92 NEW BUSINESS:
A. Midtown Square: Allen Edwin Homes – Contract Approval Planning &
Economic Development Department
SUMMARY OF REQUEST: Staff has been coordinating with Allen Edwin Homes to
develop plans for Midtown Square (9 homes on property bounded by Houston,
Monroe, Fourth, and Fifth). The City Commission authorized staff to proceed with
negotiations with Allen Edwin Homes at their September 22, 2015 meeting. Those
negotiations are now complete and a contract has been prepared for review
and approval.
FINANCIAL IMPACT: The City of Muskegon will be responsible for the costs
associated with building the nine new homes, including realtor fees. The homes
will be sold for the amount necessary to recoup these costs, or an amount close
to the actual costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the contract between Allen Edwin
Homes and the City of Muskegon and authorize the Mayor and Clerk to sign the
document and proceed with construction and sale of the Midtown Square
Homes.
Comments received from the public including residents in the neighborhood
and Allen Edwin Homes Representatives.
Motion by Vice Mayor Spataro, second by Commissioner Hood, to approve the
contract between Allen Edwin and the City of Muskegon and authorize the
Mayor and Clerk to sign the document and proceed with construction and sale
of the Midtown Square homes.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Chief Lewis reminded residents about the winter parking
ban/plan – beginning December 15, 2015 – no parking will be allowed on the
street between 2:00 a.m. and 6:00 a.m. Parking on the terrace will be allowed.
Courtesy reminder notices will be issued until the first of the year. After the first,
citations will be issued. The parking plan is in effect through the last day of
February.
ADJOURNMENT: The City Commission Meeting adjourned at 8:13 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk