City Commission Minutes 03-22-2016

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       CITY OF MUSKEGON
        CITY COMMISSION MEETING
                        MARCH 22, 2016
       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, March 22, 2016.
Commissioner Willie German, Jr. 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 Gawron, Vice-Mayor Hood, Commissioners Kenneth Johnson,
Debra Warren, Willie German, Jr., Daniel Rinsema-Sybenga, and Byron Turnquist,
City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
2016-21 CONSENT AGENDA:
       A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 23, 2016 Regular
City Commission Meeting, the March 7, 2016 Work Session Meeting, and the
March 10, 2016 Special City Commission Meeting.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
       B. 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 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 Sherwin Industries.
      Award bid to supply H1/32FA limestone chip blend to Verplank Trucking
       Company
      Award bid to supply road slag to Verplank Trucking Company
      Award bid to supply road gravel to Verplank Trucking Complany
      Award bid to supply 2NS sand to Yellow Rose Transport
      Award bid to supply screened top soil to Accurate Excavators
      Award bid to supply Fill Sand to Accurate Excavators
      Award bid to supply 7-sack mix concrete to Port City Redi-Mix
FINANCIAL IMPACT:     $490,978.00
BUDGET ACTION REQUIRED: None; funds appropriated in several budgets.
STAFF RECOMMENDATION: Recommend approval of bids as outlined in
Summary of Request.
       C. Special Event Request – Catamaran Racing Association of Michigan
          (CRAM) Request to allow overnight camping at Pere Marquette Park (in
          conjunction with their annual Catamaran sailing regatta) Community
          & Economic Development
SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park the weekend of July 29 – 31, 2016. They are
again requesting permission for their participants to camp overnight at the park,
as they have done in previous years. They would like to use the City-owned
parking lot across from The Deck restaurant for overnight camping, provided
that the Deck’s owners (Harris Hospitality) approve (they approved it last year;
they will provide us with written permission from the Harris’s for this year also).
They expect between 8 and 15 RVs in the lot overnight. This is the event’s ninth
year of operation and there have been no problems in the past with this group.
They will provide proof of liability insurance.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette
Park for this event on July 29, 30, and 31, 2016.
       D. Community Relations Committee Recommendations for Various City
          Boards and Committees City Clerk
SUMMARY OF REQUEST: Accept the recommendations from the Community
Relations Committee and appoint to the Citizen’s District Council, Veania
Coleman, and to the Construction Code Board of Appeals James Marvin Fox.
FINANCIAL IMPACT:     None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Approval

Motion by Commissioner Turnquist, second by Vice Mayor Hood, to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES
2016-22   PUBLIC HEARINGS:
      A. Establishment of a Commercial Redevelopment District – 880 1st Street,
         216 W. Clay Avenue, 208 W. Clay Avenue Planning & Economic
         Development
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, the
Planning Department is requesting the establishment of a Commercial
Redevelopment District. The creation of the district will allow any future parcel
owners to apply for a Commercial Facilities Exemption Certificate, which will
freeze the taxable value on the rehab of any existing building and also reduce
the taxes of any new construction.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Establishment of the Commercial Redevelopment
District.
Public Hearing Commenced – no comments were received from the public.
Motion by Commissioner Johnson, second by Commissioner Warren, to close
the public hearing and establish the Commercial Redevelopment District at 880
1st Street, 216 W. Clay Avenue, and 208 W. Clay Avenue
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
      B. Request to Establish an Obsolete Property Rehabilitation District – 880 1st
         Street and 216 W. Clay Avenue Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, the Planning Department is requesting the establishment of an Obsolete
Property Rehabilitation District at 880 1st Street and 216 W Clay Avenue. The
creation of the district will allow any future building owners to apply for an
Obsolete Property Rehab Certificate, which would freeze the buildings taxes at
the pre-rehabilitated rate for up to 12 years.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the creation of the Obsolete Property
Rehabilitation District.
Public Hearing Commenced – no comments were received from the public.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the creation of the Obsolete Property
Rehabilitation District at 880 1st Street and 216 W. Clay Avenue.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
      C. Recommendation for Annual Renewal of Liquor Licenses         City Clerk
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 22,
2016, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
Public Hearing Commenced – no comments were received from the public.
Motion by Commissioner German, second by Commissioner Warren, to close
the public hearing and adopt the resolution recommending annual renewal of
liquor licenses.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
      D. Soliciting Input for the Michigan Natural Resources Trust Fund Grant at
         Pere Marquette Park Engineering
SUMMARY OF REQUEST: The City will be applying for grant money from the
Michigan Natural Resources Trust Fund for upgrades at Pere Marquette Park. The
first step in this process is to hold a public hearing soliciting input on what the
funds should be used towards.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the Resolution.
Public Hearing Commenced – no comments were received from the public.
Motion by Vice Mayor Hood, second by Commissioner German, to close the
public hearing and adopt the resolution soliciting input for the Michigan Natural
Resources Trust Fund Grant at Pere Marquette Park.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
             Nays: None
MOTION PASSES
2016-23 UNFINISHED BUSINESS:
      A. Tobacco Products Ordinance Amendments (SECOND READING)
         Public Safety
SUMMARY OF REQUEST: In order to have the City’s enforcement ordinances
align with other neighboring communities, our ordinance involving the use or
possession of tobacco products was amended. The amended ordinance
reflects a county-wide effort to standardize the enforcement as it relates to
tobacco use and sales. At the same time address the use of vapor products
and the use of electronic devices, which dispense nicotine solution or other
forms intended for human consumption.
As such, Section 54-242, Article VII, of the City of Muskegon ordinance is being
repealed and replaced. In addition to the use of e-cigarettes and vapor
products, the ordinance decriminalizes the use of tobacco and associated
products; those citizens will receive a civil infraction violation. Those that illegally
supply tobacco and related products will receive a misdemeanor violation as
described by ordinance.
See revised ordinance Chapter 54, Article VII, Section 242 for details.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt revised ordinance (54-242 Article VII) as
presented.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt revised ordinance (54-242 Article VII) as presented.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
      B. Local Parking Ordinance Amendments (SECOND READING)
         Public Safety
SUMMARY OF REQUEST: During the City’s last codification, several sections of
the parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different
sections of the code. Some noted sections of the ordinance were inadvertently
removed during codification while rewriting the municipal code. Staff has
worked with the codification personnel, as well as our City Attorney, to draft the
needed changes. Also, this action is to rescind the first reading approved by
City Commission on December 8, 2015, with recommended revisions.
As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon
ordinances have been rewritten to reflect the previously adopted ordinances
and updated modifications because of the changes to the Uniform Traffic Code
and to include the fee schedule for parking, civil violations, boat launch permits,
and local parking restrictions.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the amended ordinances and fee
schedule as presented.
Motion by Commissioner Johnson, second by Commissioner Warren, to adopt
the amended ordinances and fee schedule as presented regarding the local
parking ordinances.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
2016-24 NEW BUSINESS:
         A. Regarding 245, 255, and 285 West Western Avenue
SUMMARY OF REQUEST: The previously-approved development agreement for
245, 255, and 285 West Western Ave. called for certain investments on the
properties by December 31, 2015. As of today’s date, those investments are
incomplete. Staff is requesting permission to notify Parkland Properties of their
default and begin the process of curing those defaults.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize staff to proceed as recommended.
Motion by Commissioner Johnson, second by Commissioner German, to
authorize staff to proceed as recommended.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
           Turnquist, and Johnson
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission adjourned at 6:09 p.m.


                                    Respectfully Submitted,




                                    Ann Marie Meisch, MMC, City Clerk

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