City Commission Minutes 08-23-2016

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      AUGUST 23, 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, August 23, 2016.
Pastor Marcy Miller, Samuel Lutheran 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: Vice Mayor Eric Hood, Commissioners Byron Turnquist, Ken Johnson,
Debra Warren, Willie German, Jr., and Dan Rinsema-Sybenga, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Mayor Stephen J. Gawron
2016-65     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the August 8, 2016 Worksession
and the August 9, 2016 Regular City Commission Meetings.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
      C. Certification of MERS Representatives         Finance
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
official employee representative attending the MERS conference will be Peter

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Hughes (Firefighter) from the firefighters’ union group.
It is recommended that Elizabeth Lewis (Assistant Finance Director) be
designated as the City’s employer delegate.
FINANCIAL IMPACT:       Registration for the MERS conference in Acme, MI is
$250 per person. Additionally, mileage, hotel and related costs will be incurred.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:          Certification of Elizabeth Lewis and Peter Hughes
to be the City’s officer and employee delegates at the MERS annual meeting in
Acme September 28-29, 2016.
      F. Beach Cleaner DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase one new Surf Rake from
H Barber and Sons, Inc. for $53,750.00 and trade in the current Surf Rake for
trade value of $9,000.00
FINANCIAL IMPACT:         $53,750.00 minus $9,000.00 (trade in) for total purchase
of $44,750.00
BUDGET ACTION REQUIRED:         None. Amount is what was budgeted.
STAFF RECOMMENDATION:           Authorize staff to purchase one new Surf Rake.
      G. Youth Basketball League and Open Gym Proposal – Muskegon Public
         Schools Planning & Economic Development
SUMMARY OF REQUEST: The City of Muskegon has contracted with Muskegon
Public Schools for the management of the Youth Basketball League and Open
Gym since 2010. The program has been successful and the Schools would like to
manage the program for the 2016-2017 school year. The Commission is
requested to approve the proposal and authorize staff to enter into an
agreement with the Schools for oversight of the basketball program and the
Open Gym program.
FINANCIAL IMPACT:         The cost for the program is $18,500 (which has not
changed since 2010).
BUDGET ACTION REQUIRED:         Funds are available through the Leisure Services
Budget.
STAFF RECOMMENDATION:     To approve the “Youth Basketball League and
Open Gym Proposal” and authorize staff to enter into a formal agreement with
the Schools.
      H. Request to Create a New Neighborhood Enterprise Zone District at 285
         W. Western Avenue ITEM REMOVED PER CITY MANAGER
Motion by Commissioner Johnson, second by Commissioner German, to
approve the Consent Agenda as presented with the exception of Items B, D, & E.

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ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
2016-66   ITEMS REMOVED FROM CONSENT AGENDA:
      B. Designation of Voting Delegates for the Michigan Municipal League
         Annual Business Meeting   City Clerk
SUMMARY OF REQUEST: To designate by action of the Commission, Mayor
Stephen J. Gawron, who will be in attendance at the convention as an official
representative to cast the vote of the municipality at the annual meeting; and
to designate City Manager, Frank Peterson, to serve as alternate.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the designation of voting delegates for the Michigan Municipal
League Annual Business Meeting.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
      D. Police Detective Vehicles     DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase two Chevy Impalas from
Berger Chevrolet, the MI-Deal State contract holder. These will replace the two
oldest vehicles currently being used.
FINANCIAL IMPACT:        $46,738.12 OR $23,369.06 each.
BUDGET ACTION REQUIRED:         None. Amount is what was budgeted.
STAFF RECOMMENDATION:           Authorize staff to purchase two Chevy Impalas
from Berger Chevrolet.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to purchase two Chevy Impalas from Berger Chevrolet
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES

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      E. Trust Fund Grant Application for Pere Marquette Park Engineering
SUMMARY OF REQUEST: Adopt the resolution committing the City for the local
match on the Trust Fund Grant application for improvements at Pere Marquette
Park.
FINANCIAL IMPACT:         None at this time.
BUDGET ACTION REQUIRED:       None as the local match has been anticipated
and budgeted for in the Public Improvement Fund.
STAFF RECOMMENDATION:           Adopt the resolution.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to adopt
the resolution committing the City for the local match on the Trust Fund Grant
application for improvements at Pere Marquette Park.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Hood
             Nays: None
MOTION PASSES
2016-67 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish     Public Safety
             1133 W. Western Avenue
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 1133
W. Western Avenue is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days or infraction tickets may be issued. It is further
requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder or staff
may issue infraction tickets to the owner, agent, or responsible party if they do
not demolish the structure.
FINANCIAL IMPACT:         General Fund
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Warren, second by Commissioner Turnquist, to concur
with the Housing Board of Appeals decision to demolish 1133 W. Western Avenue
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Hood, and
           Warren


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            Nays: None
MOTION PASSES
      B. Request to Add Parcels to the City’s Existing Groundwater Ordinance
         Planning & Economic Development
SUMMARY OF REQUEST: The City has received an application to designate 52
parcels under the water supplies ordinance. These parcels are associated with
the former Mobil Oil Pipeline – Sisson Avenue at McCracken Street. The
ordinance prohibits the use of groundwater wells and secondary water supplies
under certain circumstances and in certain locations, to prevent exposure to
contaminated groundwater, as well as to prevent wells from influencing the
movement of contaminated water. Notice was sent to the affected addresses
prior to this meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the ordinance amendment to add
the additional 52 parcels.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the ordinance amendment to add the additional 52 parcels.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Hood, Warren, and
           German
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission adjourned at 6:47 p.m.


                                       Respectfully Submitted,




                                       Ann Marie Meisch, MMC, City Clerk




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