City Commission Minutes 04-11-2017

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 11, 2017 @ 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, April 11, 2017. Pastor Tim
Cross, Living Word 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 J. Gawron, Vice Mayor Hood, Commissioners 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:      Commissioner Byron Turnquist
INTRODUCTIONS/PRESENTATION:
      A. Lumberjacks Charitable Foundation Presentation by Jay Vanvoorde
Jay Vanvoorde spoke about the Charitable Foundation associated with the
Muskegon Lumberjacks. There are several community members involved with
the foundation. The players continue to visit students and schools to help
promote reading.
      B. State Representative Update
91st District State Representative, Terry Sabo, briefly updated the City
Commission on events in Lansing.
2017-29      CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the March 28, 2017 Regular City
Commission Meeting.
FINANCIAL IMPACT:         None.

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BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:             Approval of the minutes.
      B. Fireworks Display Permit for Muskegon Country Club City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 2, 2017, at the Muskegon Country Club, 2801
Lakeshore Drive. The Fire Marshall will inspect the fireworks on the day of the
event.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:          Approval contingent on inspection of the
fireworks and approval of the insurance.
      C. Fireworks Display Permit for Heritage Landing City Clerk
SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks
display permit for July 4, 2017, at Heritage Landing. The Fire Marshall will inspect
the fireworks on the day of the event.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:          Approval contingent on inspection of the
fireworks and approval of insurance.
      D. 2017 CDBG/Home Budget Recommendations Community and
         Neighborhood Services
SUMMARY OF REQUEST: To accept the recommendations of the Administration
in regards to the 2017 CDBG/HOME Budget Allocations and publish the Budgets
and Annual Action Plan for public comments.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:     To direct staff to publish the Proposed budgets
for the 2017 CDBG/HOME Allocations and the Annual Action Plan for public
comments.
STAFF RECOMMENDATION:    To authorize the publication of the Proposed
2017-CDBG and HOME Budgets for the Annual Action Plan comment period.
      E. 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 Planning
SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park the weekend of July 28-30, 2017. They are again
requesting permission for their participants to camp overnight at the park, as

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they have done in previous years. We are requesting that the Commission
authorize staff to issue this approval annually and negotiate any terms
associated with the request. If the city-owned parking lot across from The Deck
restaurant is utilized, the Deck’s owners (Harris Hospitality) will be engaged in the
approval process (they approved it last year and have indicated approval for
the 2017 event, as well).
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:         To authorize staff to approve overnight camping
as part of the CRAM Sailing Regatta at Pere Marquette Parking beginning with
the planned 2017 event.
      G. Intake Inspection        Water Filtration-DPW
SUMMARY OF REQUEST: Authorize staff to contract with Great Lakes Dock &
Material for the inspection of the Filtration Plant Intake to determine the overall
condition of the intake crib, conduit funnel, chemical application halo, piping
and supports as well as the intake line. Also to include an inspection, evaluation
and cleaning of the seals and seats of the Raw water Isolation Valves for a cost
of $62,161.
FINANCIAL IMPACT:          An invitation to bid on the intake inspection was posted
to the City Website on March 7, 2017 and E-mailed to two Underwater
Construction firms. Two firms submitted proposals; the results of the sealed bids
are as follows:
      Great Lakes Dock & Materials LLC - $62,161
      Solomon Diving Inc. - $63,750
BUDGET ACTION REQUIRED:           This item is budgeted in 2017.
STAFF RECOMMENDATION:         Staff be authorized to contract with Great Lakes
Dock & Materials to perform the intake Inspection at the Water Filtration Plant at
a cost of $62,161.
      H. West Sludge Pump Replacement Water Filtration – DPW
SUMMARY OF REQUEST: Authorize staff to contract with Franklin-Holwerda for
the replacement of our west Sludge Pump at a cost of $25,868. Work to include
removal of existing pump, purchase, and installation of a new Gorman-Rupp T
Series 4” self-priming pump.
FINANCIAL IMPACT:        An invitation to bid on the pump replacement project
was posted to the City website on March 7, 2017 and e-mailed to three
mechanical firms. Three firms submitted proposals; the results of the sealed bids
are as follows:
      Northern Boiler and Mechanical - $26,400

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      Franklin – Holwerda Co. - $25,868
      Perceptive Service & Operations - $35,950
BUDGET ACTION REQUIRED:         This item is budgeted in 2017.
STAFF RECOMMENDATION:             Staff be authorized to contract with Franklin-
Holwerda Co to perform the West Sludge Pump replacement at the Water
Filtration Plant at a cost of $25,868.
      I. High Service Pump #4 Valve Replacement            Water Filtration – DPW
SUMMARY OF REQUEST: Authorize staff to contract with Northern Boiler &
Mechanical for the removal of existing valve, purchase, and installation of a
Pratt 14” rubber seated ball valve, control system, and a 14” chain driven
butterfly isolation valve for our High Service #4 Pump at an estimated cost of
$70,700 since they were the lowest responsible bidder.
FINANCIAL IMPACT:        An invitation to bid on the valve replacement project
was posted to the City website on March 7, 2017 and emailed to three
mechanical firms. Two firms submitted proposals; the results of the sealed bids
are as follows:
      Northern Boiler and Mechanical - $70,700
      Franklin – Holwerda Co. - $76,498
BUDGET ACTION REQUIRED:         This item is budgeted in 2017.
STAFF RECOMMENDATION:            Staff be authorized to contract with Northern
Boiler and Mechanical to perform the High Service Pump #4 valve replacement
at the Water Filtration Plant at a cost of $70,700.
      J. Auxiliary #7 Low Service Pump Rebuild Water Filtration – DPW
SUMMARY OF REQUEST: Authorize staff to contract with Professional Pump Inc.,
for removal, disassembly, rebuild, and reinstallation of our Auxiliary #7 Low
Service Pump for an estimated cost of $12,835 since they were the lowest
responsible bidder.
FINANCIAL IMPACT:          An invitation to bid on the pump rebuild project was
posted to the City website on March 7, 2017 and emailed to three pump rebuild
firms. Three firms submitted proposals; the results of the sealed bids were as
follows:
      Professional Pump, Inc. - $12,835
      Dubric, Inc. - $13,900
      Kennedy, Inc. - $20,850
BUDGET ACTION REQUIRED:         This item is budgeted in 2017.
STAFF RECOMMENDATION:           Staff be authorized to contract with Professional

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Pump Inc. to perform the rebuild of our Auxiliary #7 Pump at the Water Filtration
Plant at a cost of $12,835.
      L. 2017/18 Water Treatment Sodium Hypochlorite Bids Water Filtration –
         DPW
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder
to supply sodium hypochlorite for the water filtration plant.
FINANCIAL IMPACT:     An estimated annual cost of $62,836 (based on
average annual water pumped and fee rates).
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:          Staff recommends the Mayor and City
Commission endorse the low bid received and allow staff to enter into a
contract with Alexander for sodium hypochlorite for one year, beginning April
16, 2017.
      M. Amendment to the Zoning Ordinance – R-1, Single Family Districts
         SECOND READING     Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Article (R-1, Single
Family Residential Districts) to rename it R-1, Single Family Low Density Residential
Districts.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:             To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment, with two members
absent.
      N. Amendment to the Zoning Ordinance – R-2 and R-3 Districts
         SECOND READING Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Article IV (R-1, Single
Family Residential Districts) to create two new categories for single family
districts. These will include R-2, Single Family Medium Density Residential Districts
and R-3, Single Family High Density Residential Districts.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:             To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment, with two members
absent.


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      O. Amendment to the Zoning Ordinance – Preamble & Sections 400 & 404
         SECOND READING Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Article IV (R-1, Single
Family Residential Districts) to amend the preamble to reflect the changes
made by adding the new residential districts; to amend Sections 400 (Principal
Uses Permitted) to create the allowed and special uses permitted in the new
residential districts; and to amend Section 404 (Area and Bulk Requirements) to
create the development standards for the new residential districts.
FINANCIAL IMPACT:       None.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:           To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment, with two members
absent.
      P. Request to add Parcels to the City’s Existing Groundwater Ordinance –
         Burgess-Norton SECOND READING Planning & Economic Development
SUMMARY OF REQUEST: The City has received a petition from Burgess-Norton
Manufacturing Company, Inc. to designate 711 parcels under the water
supplies ordinance. These parcels are associated with the former Standard
Automotive Parts Company at 660 Nims 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
include the additional 711 parcels.
      Q. Request to add Parcels to the City’s Existing Groundwater Ordinance –
         Ambrosia Street SECOND READING            Planning & Economic
         Development
SUMMARY OF REQUEST: The City has received a petition from the Michigan
Department of Environmental Quality to designate 511 parcels under the water
supplies ordinance. The Ambrosia Street area groundwater contamination was
discovered by sampling conducted by the environmental consultant Arcadis of
Michigan, LLC for the Burgess-Norton site in 2013. During that work Arcadis not

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only defined the extent of the contamination plume coming from the Burgess-
Norton site, but also identified three other plumes of chlorinated contamination.
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
include the additional 511 parcels.
      R. Consideration of Bids for: Resurfacing of Glenside from Sherman to
         Glen    Engineering
SUMMARY OF REQUEST: To award the milling and resurfacing of Glenside
Boulevard to McCormick Sand, Inc. since they were the lowest responsible
bidder with a total bid price of $238,027.25
FINANCIAL IMPACT:        The construction cost of $238,027.25 plus engineering
cost of an additional 15%.
BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:            Award the contract to McCormick Sand.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, minus items F and K.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
2017-30   ITEMS REMOVED FROM THE CONSENT AGENDA:
      F. Lease Proposal for MACkite Kiteboarding School at Pere Marquette
         Park     Department of Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a 3-year
contractual agreement for 2017, 2018, and 2019, with Steve Negen of MACkite
for a Kiteboard School and Shop in Pere Marquette Park at 1955 Beach Street
(former old brown/brick beach house building by Filtration Plant). Staff is also
asking permission to negotiate with lessee for “in-kind” services and/or donation
to Pere Marquette Park/Facilities in lieu of the standard lease payment.
FINANCIAL IMPACT:        Revenue will be $2,500 per year for 2017, 2018, and
2019 contract years. Lessee also agrees to provide a portable handicapped

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restroom near the building and pay electrical bills for the property. If approved
by Commission, staff would negotiate lease payment, “in-kind services”,
donation to Pere Marquette Park/Facilities or a combination of such up to the
standard lease payment of $2,500 per year.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:           Approve the request.
Motion by Commissioner Warren, second by Vice Mayor Hood, to approve the
request for a lease proposal for MACkite Kiteboarding School at Pere Marquette
Park.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
      K. Alum Sludge Removal            Water Filtration – DPW
SUMMARY OF REQUEST: Authorize staff to contract with Ottawa County Farms
Landfill and Cordes Trucking for the removal and disposal of approximately 1200
tons of Alum Sludge at an estimated cost of $37,440 ($31.20/Ton).
FINANCIAL IMPACT:        Ottawa County Farms Landfill - $20.00/ton - $24,000
                         Cordes Trucking - $11.20/ton - $13,440
                         Total: $37,440
BUDGET ACTION REQUIRED:         This item is budgeted in 2017.
STAFF RECOMMENDATION: Staff be authorized to contract for both, disposal and
trucking of sludge from the filtration plant.
Motion by Commissioner Warren, second by Commissioner Johnson, to
authorize staff to contract for both disposal and trucking of sludge from the
filtration plant.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, and
           Johnson
            Nays: None
MOTION PASSES
2017-31   PUBLIC HEARINGS:
      A. Public Hearing – Request to Establish an Obsolete Property District –
          1121 3rd Street Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Square Two Development, LLC, has requested the establishment of an


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Obsolete Property District for their property at 1121 3rd Street. The establishment
of the Obsolete Property Rehabilitation Exemption Certificate.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATIONS:            Staff recommends approval of the Obsolete
Property District.
~PUBLIC HEARING COMMENCED~                No public comments were received.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
close the public hearing and approve the Obsolete Property District.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
      B.   Public Hearing – Request to issue an Obsolete Property Certificate –
           Square Two Development, LLC       Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, Square Two Development, LLC, has requested the issuance of an
Obsolete Property Certificate for their property located at 1121 3rd Street. The
estimated cost for rehabilitation of this property will be $75,000, which qualifies
the applicant for an abatement of eight (8) years.
FINANCIAL IMPACT:       If an Obsolete Property Certificate is issued, the
property taxes would be frozen at the pre-rehabilitated rate for the duration of
the certificate.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:          Staff recommends approval of the Obsolete
Property Rehabilitation Exemption Certificate.
~PUBLIC HEARING COMMENCED~                No public comments were received.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
close the public hearing and approve the Obsolete Property Rehabilitation
Exemption Certificate.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Johnson, Gawron, and
           Hood
             Nays: None
MOTION PASSES
      C. Public Hearing – Request to Create a New Neighborhood Enterprise
         Zone District at 351 W. Western Avenue Planning & Economic

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          Development
SUMMARY OF REQUEST: Pursuant to Public Act 147 of the Michigan Public Acts
of 1992, 351 W. Western LLC has requested to create a new Neighborhood
Enterprise Zone (NEZ) district for the parcel at 351 W Western Avenue for a new
mixed-use building. The NEZ would only affect the 20 proposed apartments and
not the commercial space.
FINANCIAL IMPACT:          For those properties that are approved for a NEZ
Certificate, taxation will be levied using half of the State average of millages of
local entities.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To hold the public hearing.
~PUBLIC HEARING COMMENCED~             No public comments were received.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to close the public hearing.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, Hood, and
           Warren
             Nays: None
MOTION PASSES
2017-32      NEW BUSINESS:
      A. City-County Cooperative Agreement           City Manager
SUMMARY OF REQUEST: As part of the reorganization of Division and
Department duties at City Hall, staff is requesting the creation of an Economic
Development Coordinator position to work directly with the City Manager’s
office to facilitate economic development-related opportunities. Initially, we
would like to fill this position on a contractual basis by partnering with Muskegon
County to share their current Economic Development Coordinator. Staff is
requesting a one-year agreement with Muskegon County to provide us time to
evaluate the cooperative agreement. The Agreement calls for the sharing of
the costs associated with the position on a 60/40 basis, with the city contributing
40% of the costs associated with the position. The city’s portion of those
expenses is expected to equal $48,382.17 in the first year.
FINANCIAL IMPACT:         Approximately $16,000 in the current fiscal year.
BUDGET ACTION REQUIRED:         The costs will be accounted for as part of the 3rd
Quarter Reforecast.
STAFF RECOMMENDATION:        To approve the request and authorize the Mayor
and Clerk to sign an agreement.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the

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request and authorize the Mayor and Clerk to sign an agreement.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Warren, and
           German
            Nays: None
MOTION PASSES
      B. Comprehensive Settlement and Termination Agreement with Burgess-
         Norton Planning & Economic Development
SUMMARY OF REQUEST: The proposed agreement would resolve open items
remaining from a 2011 Memorandum of Understanding and Tolling Agreement
between Burgess-Norton and the City.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:      Authorize the Mayor and Clerk to sign the
Comprehensive Settlement and Termination Agreement.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
request and authorize the Mayor and Clerk to sign the Comprehensive
Settlement and Termination Agreement.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
      C. Restrictive Covenant for Certain City-Owned Parcels Planning &
         Economic Development
SUMMARY OF REQUEST: During testing for the Burgess-Norton contamination, it
was discovered that some of the groundwater located south of Ryerson Creek
between Getty Street and approximately 750 feet west of Wood Street contains
trichloroethene (TCE) and other associated chlorinated volatile organic
compounds. In most of the area where TCE is present, it is located in
groundwater at depths of 70 to 90 feet beneath the ground surface. As the
groundwater migrates northward and nears Ryerson Creek, it migrates through
sediments in the floodplain that are rich in organic matter and biological
activity. These sediments tend to be located in areas within wetlands or
beneath the bottomland of Ryerson Creek. Extensive Sampling has
documented that, as the groundwater travels through those sediments, the TCE
and associated compounds degrade significantly through biogeochemical
processes. The purpose of this Restrictive Covenant is to preserve this natural
system so that the degradation process continues to occur.


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FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Authorize the Mayor and Clerk to sign the
Restrictive Covenant.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
authorize the Mayor and Clerk to sign the Restrictive Covenant.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT:    The City Commission Meeting adjourned at 6:43 p.m.




                                           Respectfully Submitted,




                                           Ann Marie Meisch, MMC, City Clerk




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