City Commission Minutes 09-26-2017

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
       SEPTEMBER 26, 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, September 26, 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 Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., and Dan Rinsema-Sybenga,
Acting City Manager, Public Safety Director – Jeffrey Lewis, City Attorney John
Schrier, and City Clerk Ann Meisch.
Absent:     Commissioner Debra Warren – arrived 5:38 p.m.
2017-76     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the September 11, 2017
Worksession Meeting and the September 12, 2017 Regular City Commission
Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   C. Sanitary Sewer Improvements Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an Engineering Agreement
with Prein & Newhof to perform the necessary tasks (design, bidding, and
construction engineering) for the rehabilitation of a portion of the Oak Grove
and Clay Hill Sewers. The project consists of lining a 10 inch and 12 inch sewer in
the Oak Grove area and lining a 12 inch sewer along with one manhole

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installation and several lateral relocations in the Clay Hill area.
City Staff would like to capitalize on the work already completed by Prein &
Newhof as part of the recent SAW Grant.
FINANCIAL IMPACT:         Total Cost $22,000.
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Authorize staff to enter into an agreement with
Prein & Newhof.
   D. POLC Collective Bargaining Agreement               City Manager
SUMMARY OF REQUEST: City Staff and Police Officers Labor Council
representatives previously agreed upon a new contract that took effect
January 1, 2017. Since that time, a number of small issues related to the original
tentative agreement have been identified and subsequently reconciled. This is a
formal request to incorporate all of the final changes into the tentative
agreement. The POLC has already ratified the contract and city staff has been
enforcing the provisions of the contract since January 1, 2017. The new
agreement is beneficial to both parties and is expected to help with police
officer recruiting and retention; there is no financial impact on the budget as
part of the agreement.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           To approve the Collective Bargaining Agreement
with the Police Officers Labor Council as presented.
   E. Request to Order Phase II Environment Assessment at 920 and 1000 W.
      Western     Planning & Economic Development
SUMMARY OF REQUEST: The City has a purchase agreement with Smith Equities
for a residential development at these parcels. Known environmental concerns
exist and a Phase II environmental assessment will be necessary to move the
project forward. Certain contaminants have been identified and data has
demonstrated that the soil is contaminated from historic fill materials. The
assessment will give the purchaser a better understanding of the limitations and
costs related to the environmental conditions on the property. The City has a
contract with Envirologic for the United States Environmental Protections
Agency’s Brownfield Site Assessment Grant; however, this parcel is not eligible
for grant funding. Envirologic has quoted the project at $24,500.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          $24,500 from the Public Improvement fund.
STAFF RECOMMENDATION:        To approve the request to conduct the Phase II
Environmental Assessment with Envirologic.

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   H. Authorization to Staff to Submit a Transportation Alternative Program (TAP)
      Agreement DPW/Engineering
SUMMARY OF REQUEST: Authorize staff to submit a TAP grant application by
adopting the resolution.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Adopt the resolution.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the consent agenda as presented, except items B, F, and G.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
2017-77              ITEMS REMOVED FROM CONSENT AGENDA
   B. Kitchen 242 Contract Renewal City Clerk
SUMMARY OF REQUEST: Our contract with our Kitchen Manager, Renae
Hesselink, is set to expire on September 30, 2017. Renae has been instrumental in
updating the kitchen, substantially increasing the use of the kitchen, and
managing two of the grants we have for the kitchen as well as applying for new
grants. At this time, staff is requesting to extend her agreement until the end of
the fiscal year, June 30, 2018.
FINANCIAL IMPACT:        Continuation of the current agreement.
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To extend Renae Hesselink’s contract through
June 30, 2018.
Motion by Commissioner Warren, second by Commissioner Johnson, to extend
Renae Hesselink’s contact through June 30, 2018.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
   F. Desktop Computer Work Stations – Police Department       Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $24,570.00 for 39 desk top computers for
the police department. ($630 each) These upgraded/enhanced CPU’s will


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replace the current computers that are approximately seven years old, which
cannot be serviced and no longer meet the standards of the software required
to operate within the police department.
The new machines are configured with the latest storage technology built for
speed. They have the memory to handle multi-tasking; they also will run the
latest Windows 10 Operating System from Microsoft.
Dell is the chosen supplier as the City is enlisted in a state and local government
contract with Dell computers. The machines in this proposal come heavily
discounted due to the relationship and purchase volume the City has with Dell.
The City uses Dell at the server, networking, storage and computer level.
FINANCIAL IMPACT:         N/A - Budgeted
BUDGET ACTION REQUIRED:        Equipment was budgeted in the 2017/2018
(need to adjust 1st quarter budget report to support the equipment price

increase (5700-Capital Outlays)
STAFF RECOMMENDATION:         Staff recommends approval of this equipment
purchase to update and enhance essential desk top computers for all bureaus
within the police department.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the equipment purchase to update and enhance essential desktop
computers for all bureaus within the police department.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           and Johnson
             Nays: None
MOTION PASSES
   G. Unattended Running Vehicles Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the adoption of the Unattended Running
Vehicle Ordinance. Note: City Ordinance – Chapter 92, Article V will be
included with this adoption. The Director also requests that all level 1-5 parking
violations have extended time to pay parking penalties.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:          Staff recommends adoption of the Unattended
Running Vehicle Ordinance and all level 1-5 parking violations have extended
time to pay parking penalties.
Motion by Commissioner German, second by Commissioner Warren, to adopt
the Unattended Running Vehicle Ordinance and all level 1 through 5 parking


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violations having extended time to pay parking penalties.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
2017-78     PUBLIC HEARINGS:
      A. BID Special Assessment – Resolution Approving District
         Planning & Economic Development
SUMMARY OF REQUEST: The Downtown Business Improvement District (BID)
Board is requesting that the special assessment district for downtown properties
be expanded and renewed. The previous BID district was approved for one year
on two separate occasions. It is now proposed to expand the district to include
more parcels, modify the property classifications and rates and to extend the
approval for three years. The assessments will continue to go towards various
downtown expenditures, including sidewalk snow removal, spring/fall cleanup
and landscaping, events, directional signs and marketing/advertising. The BID
assessment includes both a “Class A” and a “Class B” district. Please note that
on April 25, 2017, the BID Board voted to amend the BID Bylaws to define a
“Class B” property as “Properties located within the Downtown Muskegon
Business Improvement District which are currently used for, or zoned for industrial
or manufacturing.” The word “automotive” was removed from the definition,
moving that category of property to “Class A.” The BID Board also recommends
to raise the amount per square footage on “Class B” properties from $0.02/sf to
$0.04/sf and to raise the cap from $750 to $2,000. The cap on “Class A”
properties was recommended to be raised from $3,000 to $4,000.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To approve the resolution approving the special
assessment district and authorize the Mayor and Clerk to sign. Also, to appoint
two Commissioners to the Board of Assessors.
PUBLIC HEARING COMMENCED:
The following public comments were received:
Dave Alexander from Downtown Muskegon Now
Beth/Gary Post, 272 W. Clay
Brenda Moore – 611 W. Clay – doesn’t feel she has benefited. Did not get snow
removal services – disincentive for mixed use – 25% increase on her taxes
Dr. Burlingame – 2287 McCracken, representing “Clyde’s group” (Hot Rod


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Harley)
Kristi Burris – U.S. 31 BBQ, will cost them $1200/year – wants to revisit each year
(the assessment).
Jon Rooks, 939 Third Street, Holiday Inn – has 3 parcels – issues with the way it’s
written but in favor of assessment.
Maureen, owner of Northwestern Mill Supply, 820 Pine Street.
Clyde Whitehouse, Hot Rod, would like to vote on it on a yearly basis – in favor of
the assessment.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing and create the district.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
             Nays: German
MOTION PASSES
           Commissioner Rinsema-Sybenga and Commissioner Warren
          are appointed to the Special Assessment Board of Assessors.
2017-79      NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following:   Public Safety
          561 Catherine Avenue – Garage Only
          216 Allen Avenue
          189 Strong Avenue
          1750 Pine Street
          1526 Terrace Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the 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 not demolish the structure.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To concur with the Housing Board of Appeals

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decision to demolish.
Motion by Commissioner Warren, second by Vice Mayor Hood, to concur with
the Housing Board of Appeals decision to demolish 216 Allen, 189 Strong, 1750
Pine Street, and 1526 Terrace Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
            Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to concur with the Housing Board of Appeals decision to demolish 561 Catherine
– garage only.
ROLL VOTE: Ayes: Gawron, Hood
            Nays: Rinsema-Sybenga, Turnquist, Johnson, Warren, and German
MOTION FAILS
Motion by Commissioner Johnson, second by Commissioner Warren, to refer the
matter of 561 Catherine – garage only – back to the Housing Board of Appeals
at their meeting on the first Wednesday in October.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
      B. Request to Amend the Planned Unit Development (PUD) at Terrace
         Point Circle  Planning & Economic Development
SUMMARY OF REQUEST: Request to amend the Terrace Point Circle Final PUD to
reconfigure the non-waterfront lots and allow for duplexes on them. The re quest
is intended to move the project forward by offering homes at a popular price
point, while still offering the same amount of density as the original plan.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Staff recommends approval of the final PUD.
COMMITTEE RECOMMENDATION:         The request was unanimously
recommended for approval at the September 14 Regular Planning Commission
meeting.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the final Planned Unit Development.


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ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
           and Turnquist
            Nays: None
MOTION PASSES
      C. Request to Amend the Planned Unit Development (PUD) at 3425 Fulton
         Avenue Planning & Economic Development
SUMMARY OF REQUEST: Request to amend the Harbour Towne Final PUD at
3425 Fulton Avenue to allow a 7-unit boutique hotel at the former Muskegon
Yacht Club building. The development will include hotel suites on the top floor
and a banquet room on the bottom floor.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Staff recommends approval of the final PUD.
COMMITTEE RECOMMENDATION:         The request was unanimously
recommended for approval at the September 14 Regular Planning Commission
meeting.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the final Planned Unit Development.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           and Johnson
            Nays: None
MOTION PASSES
      D. Approval of the Proposal at 895 4th Street     Planning & Economic
         Development
SUMMARY OF REQUEST: Staff sent out a Request for Proposal (RFP) for this
property on August 29 and proposals were due on September 19. The City
received one proposal in response to the RFP, which was from Pigeon Hill
Brewing Company. Staff is seeking approval of a slightly amended proposal and
to enter into a purchase agreement. After discussions with City staff, the
company is now offering a total of $40,000 for Sub-Parcel 1 and Sub-Parcel 2.
They plan to construct a building of approximately 15,000 square feet that is
expected to be a $1.5 million investment and would feature large windows
facing Shoreline Drive to showcase their large stainless-steel brewing equipment.
FINANCIAL IMPACT:        The City would receive no less than $40,000 for Sub-
Parcels 1 & 2.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To allow staff to enter into a purchase agreement

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with Pigeon Hill Brewing Company for Sub-Parcels 1 and 2 for a price that is
within at least 15% of the appraised value and no less than $40,000.
Motion by Commissioner Johnson, second by Commissioner German, to allow
staff to enter into a purchase agreement with Pigeon Hill Brewing Company for
Sub-Parcels 1 and 2 for a price this is within at least 15% of the appraised value
and no less than $40,000.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron.
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 8:38 p.m.


                                              Respectfully Submitted,




                                              Ann Marie Meisch, MMC, City Clerk




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