City Commission Minutes 07-25-2017

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             JULY 25, 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, July 25, 2017. Elder
Holmes, Holy Trinity 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 Eric Hood, Commissioners
Ken Johnson, Debra Warren, Byron Turnquist, and Willie German, Jr., City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:     Commissioner Dan Rinsema-Sybenga
2017-60     CONSENT AGENDA:
      A.    Approval of Minutes        City Clerk
SUMMARY OF REQUEST: To approve minutes of the July 10, 2017 Worksession
Meeting and the July 11, 2017 Regular Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
      D.    Beach Tractor       DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase a Beach Tractor from J & J Farm Sales, the lowest qualified bidder with
a price of $59,915.00. This price includes a trade in of our current tractor for
$12,000.00.
FINANCIAL IMPACT:        $59,915.00
BUDGET ACTION REQUIRED:         None. Amount is what was budgeted.


STAFF RECOMMENDATION:            Authorize staff to purchase on Beach Tractor
from J & J Farm Sales for the price of $59,915.00.

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      F.    LC Walker Arena Locker Room Plumbing               City Manager
SUMMARY OF REQUEST: The locker rooms A-F are in need of plumbing
repairs/upgrades in the shower areas. In total, 16 shower assemblies will be
replaced at a cost of $1,007.68 each. The total cost of the 16 assemblies is
$16,123.00.
FINANCIAL IMPACT:        $16,123.00
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:         Authorize Arena Management to accept the
$16,123.00 proposal from Lascko Plumbing and Mechanical, LLC.
      G. Rebid the Demolition of 1290 Wood Street       Public Safety
SUMMARY OF REQUEST: This is to request that the City Commission direct staff to
rebid the demolition of 1290 Wood Street and to award all or part of the
demolition to the lowest responsible bidder. The City Commission had concurred
with the Housing Board of Appeals that the structure at 1290 Wood was unsafe,
substandard, a public nuisance, and that the structure be demolished at the
meeting of January 10, 2017.
FINANCIAL IMPACT:        General Funds
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To have staff rebid the demolition reflecting the
changes from the original bid and to award the bid to the lowest responsible
bidder.
      H. Michigan Natural Resources Trust Fund Grant Development Project
         Agreement for Pere Marquette Park Recreational Improvements and
         Defined Match Amount      Planning & Economic Development &
         Public Works
SUMMARY OF REQUEST: The City had received the Michigan Natural Resources
Trust Fund Grant Development Project Agreement for the Pere Marquette Park
Project Improvements. The State has requested that the development
agreement and the defined contribution agreement be signed. Work may
begin on the project once the State approved the agreements.
FINANCIAL IMPACT:        There is no impact for the 2017 to 2019 budget years
have this budgeted.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:        To approve the resolution approving the
Development Project Agreement for the Pere Marquette Park Recreational
Improvements and to guarantee the defined match funds, and to have the
Mayor and Clerk sign the Development Project Agreement and resolution.


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      I. Adopt the revised WaterMain Standard Construction Specifications –
         Division 13    DPW – Engineering
SUMMARY OF REQUEST: Adopt the watermain specification revising the
currently used standards for watermain construction effective immediately. The
proposed revisions are necessary to incorporate new materials and construction
methods.
The City’s standard construction specifications, including the watermain section,
were last revised in 2010.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Adopt the revision and authorize engineer to sign
and seal revised specifications.
      J. Rezoning Request for the Property at 1361 S. Getty Street   Planning
         and Economic Development
SUMMARY OF REQUEST: Request to rezone the property at 1361 S. Getty Street
from B-1, Limited Business District to B-4, General Business District by Laquan
Robinson.
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 July 13 meeting. They also
unanimously voted to approve a Special Use Permit to allow for a car sales lot,
contingent upon the rezoning of the property to B-4.
      K. Rezoning Request for Several Properties to R-2, Single Family Medium
         Density Residential District Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to rezone several properties from
R-1, Single Family Low Density Residential District to R-2, Single Family Medium
Density Residential District.
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 July 13 meeting.
      L. Rezoning Request for Several Properties to R-3, Single Family High
         Density Residential District Planning & Economic Development

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SUMMARY OF REQUEST: Staff initiated request to rezone several properties from
R-1, Single Family Low Density Residential District to R-3, Single Family High
Density Residential District.
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 July 13 meeting.
      M. Revocation of a Commercial Facilities Exemption Certificate – 165
         Clay, LLCPlanning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, staff is
recommending the revocation of the Commercial Facilities Exemption
Certificate granted to 165 Clay, LLC for failure to complete the project. On May
12, 2015, a 12-year certificate was granted for a project that was to include
$336,000 in renovations at 165 W. Clay Avenue. The property owner is agreeable
to the revocation.
FINANCIAL IMPACT:         The real property will be taxed at the normal rate and
will no longer be frozen.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Revocation of the Commercial Facilities
Exemption Certificate.
      N. Revocation of a Commercial Facilities Exemption Certificate – 896
         Jefferson, LLC     Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, staff is
recommending the revocation of the Commercial Facilities Exemption
Certificate granted to 896 Jefferson, LLC for failure to complete the project. On
May 12, 2015, a 12-year certificate was granted for a project that was to include
$70,000 in renovations at 896 Jefferson Street. The property owner is agreeable
to the revocation.
FINANCIAL IMPACT:         The real property will be taxed at the normal rate and
will no longer be frozen.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Revocation of the Commercial Facilities
Exemption Certificate.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
consent agenda as presented, except items B, C, and E.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and German

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             Nays:None
MOTION PASSES
2017-61      ITEMS REMOVED FROM CONSENT AGENDA:
      A. Farmers Market Liquor License        City Clerk
SUMMARY OF REQUEST: To finalize the application process for our permanent
liquor license by authorizing signors, approving the use of the outdoor seating
area, cancelling our request for a specific purpose permit, and approving a
new Sunday Sales permit.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Approve the request and authorize the Mayor to
sign the letter to the Michigan Liquor Control Commission on behalf of the City
Commission.
Motion by Commissioner Warren, second by Commissioner German, to approve
the request and authorize the Mayor to sign the letter to the Michigan Liquor
Control Commission on behalf of the City Commission.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and German
             Nays: None
MOTION PASSES
      B. Appointment of Treasurer Position Finance
SUMMARY OF REQUEST: To appoint Sarah Petersen as the new City Treasurer
effective August 7, 2017.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           After interviewing nine candidates the City
Manager, Finance Director, and the Assistant Finance Director agree to offer the
Treasurer’s position to Sarah Petersen.
Motion by Commissioner German, second by Commissioner Johnson, to appoint
Sarah Petersen as the new City Treasurer effective August 7, 2017.
ROLL VOTE: Ayes: Warren, German, Turnquist, Johnson, Gawron, and Hood
             Nays: None
MOTION PASSES
      E.   Tahoe Police Cruisers        DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase three Tahoe police cruisers from Berger Chevrolet, the Mi-Deal State

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Contract holder for a purchase price of $35,246.00 each.
FINANCIAL IMPACT:         $35,246 each for a total of $105,738.00
BUDGET ACTION REQUIRED:         None. Amount is what was budgeted.
STAFF RECOMMENDATION:           Authorize staff to purchase three Tahoe police
cruisers from Berger Chevrolet.
Motion by Commissioner German, second by Commissioner Warren, to
authorize staff to purchase three Tahoe police cruisers from Berger Chevrolet.
ROLL VOTE: Ayes: German, Turnquist, Johnson, Gawron, Hood, and Warren
             Nays: None
MOTION PASSES
2017-62      NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following:   Public Safety
          407 Monroe Avenue – Garage Only
          338 Mason Avenue – Garage Only
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the garage structures are
unsafe, substandard, a public nuisance, and that they be demolished within 30
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures 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 no demolish the structure.
FINANCIAL IMPACT:         General Funds
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish the garage structures only.
Motion by Vice Mayor Hood, second by Commissioner German, to concur with
the Housing Board of Appeals decision to demolish the garage structures only.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and German
             Nays: None
MOTION PASSES
      B. Food Truck Registration Fees         City Clerk
SUMMARY OF REQUEST: This is a request to adjust the mobile food vending fee
to $50 for those food truck vendors that participate in the Muskegon Farmers

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Market Food Truck Rallies. This is something that was made available to Taste of
Muskegon Participants.
This registration will be good through April 30th of the following year. Currently
mobile food vendors outside the City limits are required to pay $300 annually,
those having restaurants in the City of Muskegon have a fee of $150, and those
with a brick and mortar business in the downtown development district pay $50
annually.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to adjust the
mobile food vending fee to $50 for those food truck vendors that participate in
the Muskegon Farmers Market Food Truck Rallies.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and German
            Nays: None
MOTION PASSES
2017-63     ANY OTHER BUSINESS:
The City’s Engineer, Mohammed Al-Shatel, addressed the City Commission
regarding mechanical problems with our Mueller CL-12 tapping machine which
is used exclusively to make larger water main taps from 4 inches to 12 inches. It is
a specialized piece of equipment and must be sent to the original
manufacturer, Mueller Co., for repairs. The Mueller Company recommends
reconditioning and a rebuild including new internal parts and a new boring bar
for $12,576.
Motion by Commissioner Johnson, second by Commissioner Turnquist, to
approve the emergency repairs – not to exceed $13,000.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and German
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:35 p.m.
                                              Respectfully Submitted,



                                              Ann Marie Meisch, MMC, City Clerk




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