City Commission Minutes 12-12-2017

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          DECEMBER 12, 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, December 12, 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,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:     Commissioner Debra Warren
HONORS AND AWARDS:
  A. Recognition of Pastor Tim Cross, Living Word Church, for support of the City
     of Muskegon Police Department          Chief Lewis presented Pastor Cross
     with a token of appreciation in recognition of the support he and Living
     Word Church have shown the City of Muskegon Police Department.
  B. Recognition of Community Relations Committee Members        The Mayor,
     on behalf of the entire City Commission, recognized and thanked those
     members of the City’s Community Relations Committees various Boards
     and Committees that were in attendance at the meeting. This included
     special recognition and presentation of a proclamation to Addie Sanders-
     Randall, a 28-year member of the Citizens District Council.
2017-98     CONSENT AGENDA:
  A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve minutes of the November 28, 2017 Regular
Meeting.
FINANCIAL IMPACT:       None


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BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   B. Towing Contract Extension (Ramos Towing)                Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and consider approving a contract extension with our
current service provider, Ramos Towing. Currently, Ramos Towing provides
towing/impoundment/storage service for the City of Muskegon.
Ramos Towing has been under authorized contract services for towing for the
last four years. Staff will review the current contract in 2018, and begin exploring
and preparing a competitive bid process to select an acceptable tow service
upon expiration of this contact.
Ramos Towing is willing to extend towing services for another one year extension
or until a new contract can be approved. This is the second and final extension
allowed under the current contract.
FINANCIAL IMPACT:         None – current contract language in effect until
1/14/2019.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         Staff recommends approval of the extended
towing contract until a new contract is explored and accepted.
   D. 1st Quarter 2017-18 Budget Reforecast             Finance Director
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2017-18
Budget Reforecast which outlines proposed changes to the budget that have
come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT:         A summary of first quarter proposed adjustments to the
budget are as follows:
         •   General Fund revenues are reforecast to be $826,849 higher than
             the original budget, largely due to higher State projections for State
             Shared Revenue and the adjustments to permit revenue based on
             actual receipts.
         •   General Fund expenditures are reforecast to be $784,000 higher
             than the original budget, most of the adjustments were for Safebuilt
             based on the higher revenues projections for permits.
         •   There were some refinements to the Capital Projects budget
             resulting in an overall net increase of $350,000. These are mostly in
             the Water Fund based on higher than projected project costs.
BUDGET ACTION REQUIRED:         City Commission approval of this reforecast will


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formally amend the City’s 2017-18 budget.
STAFF RECOMMENDATION:           Approval.
   E. Purchase of HUD Home at 1025 E Forest Avenue        Community &
      Neighborhood Services
SUMMARY OF REQUEST: To approve the purchase of a HUD home located at
1025 E Forest Avenue in Oakview Neighborhood for the price of $27,000.
After the sale, CNS will rehabilitate the single family dwelling as part of the HOME
funded Homebuyer Program.
FINANCIAL IMPACT:      The funding used for the purchase and rehabilitation
will come from 2017 HOME funds.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the request to purchase the
property.
   F. Pere Marquette Park – Recreational Improvements           Department of
      Public Works
SUMMARY OF REQUEST: The City has been awarded a DNR Trust Fund Grant for
recreational improvements at Pere Marquette Park. Westshore Consulting has
submitted a quote for professional engineering and surveying services in the
amount of $18,000, to complete plans and bidding documents for the
improvements. Staff is requesting that the amount be approved.
FINANCIAL IMPACT:        $18,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:          Authorize staff to enter into an agreement with
Westshore Consulting for a cost of $18,000.
   G. Request to Deny & Accept Properties that did not Sell During the Tax Sale
      for 2017    Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2017. There were sixty-three properties left after the last auction.
According to the State’s tax foreclosure laws, the City must state that they are
not interested in obtaining them, otherwise the City will be automatically receive
ownership of the parcels. From the list that was provided, the City Manager,
Planning and Community & Neighborhood Services have gone over the parcels
to determine which ones to accept.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:         To deny and accept certain parcels and
authorize both the Mayor and the Clerk to sign said resolution.

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   I. Bicycle Ordinance         City Manager
SUMMARY OF REQUEST: To adopt the proposed ordinance containing rules to
govern a driver of a motor vehicle overtaking a bicycle proceeding in the same
direction.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To adopt the ordinance as presented.
   J. Control System Upgrades – Water Filtration Plant – Administration Building
      Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into a professional services
agreement for control system upgrades at Water Filtration Plan with Tetratech
per their proposal for $192,000.
FINANCIAL IMPACT:        $192,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Tetratech for a cost of $192,000.
   L. Community Relations Index: Policy Relative to Attendance       City Clerk
SUMMARY OF REQUEST: To change attendance reporting policy from quarterly
to annual.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of reporting attendance annually.
COMMITTEE RECOMMENDATION:          Community Relations Committee
unanimously voted to approve the reporting of the attendance to annually.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except Items C, H, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
2017-99        ITEMS REMOVED FROM THE CONSENT AGENDA:
   C. 2018 User Fee Update      Finance Director
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.

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The new fees and fee changes that are being proposed are highlighted on the
attached spreadsheet and significant changes include the following:
   •   Daily launch ramp and seasonal launch ramp fees have been updated;
   •   Small and large boat basin fees have been adjusted;
   •   Farmers Market annual stall fees have been adjusted;
   •   Kitchen 242 is adding fees for occasional or one-time users;
   •   Cemetery fees have been adjusted;
   •   Rental registration and re-inspection fees have been adjusted
FINANCIAL IMPACT:         Revenue generated for fee supported activities
BUDGET ACTION REQUIRED:          None at this time. Adoption of the Master Fee
Resolution will help the City attain its budget revenue estimates.
STAFF RECOMMENDATION:           Approval of the 2018 Master Fee Resolution.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the 2018 Master Fee Resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES
   H. Non-Represented Wages and Benefits                 City Manager
SUMMARY OF REQUEST: Staff is recommending the following wage and benefit
changes effective January 1, 2018:
   1. 1% cost of living adjustment
   2. 1% increase in residency incentive
   3. Amendment to the vacation time conversion policy and sick time cash-
      out policy to allow for unlimited vacation time conversion to sick time
      (currently limited to 120 hours annually), as well as unlimited sick time cash
      out annually (currently limited to 160 hours annually).
   4. Increase in annual tuition reimbursement from $1,000 to $2,000
   5. Expansion of tuition reimbursement program to all city employees –
      regardless of bargaining affiliation or representation.
Staff is further recommending expansion of the residency incentive to DEIU (1%),
POLC (2%), and COAM (2%) bargaining units effective July 1, 2018.
FINANCIAL IMPACT:      Items 1-5: $30,224 annually. Residency incentive
expansion: $18,485 annually.


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BUDGET ACTION REQUIRED:         The proposed changes are currently funded in
the FY 2017-18 Budget.
STAFF RECOMMENDATION:           To approve the non-represented wage and
benefit structure, as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the non-represented wage and benefit structure, as presented.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
           Johnson
             Nays: None
MOTION PASSES
   K. Western Market      City Clerk
SUMMARY OF REQUEST: The chalets at Western Market remain very popular. We
would like to add five more chalets to the site in 2018. We have found a
company to build the base of four of the chalets with our builder putting the
final touches on it. The fifth chalet will be built by our builder onsite. We will be
collecting applications for use of the chalets and a committee composed of the
Chamber, DMN, and City staff will make the final determination of selected
applicants.
FINANCIAL IMPACT:         $30,000
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Authorize the $30,000 in expenditures for the
addition of five chalets.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to authorize the $30,000 in expenditures for the addition of five chalets.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
2017-100     NEW BUSINESS:
   A. Transmittal of 6/30/17 Comprehensive Annual Financial Report
      Finance Director
SUMMARY OF REQUEST: The City’s June 30, 2017 Comprehensive Annual
Financial Report (CAFR) will be distributed to the City Commissioners via email
and hard copy. The CAFR will also be available on the City’s website. The CAFR
includes the annual independent auditor’s report as required by state law. At
this time the CAFR is being formally transmitted to the City Commission. The
CAFR has been prepared in accordance with all Governmental Accounting

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Standards Board (GASB) pronouncements and also includes the single audit of
federal grants received by the City.
FINANCIAL IMPACT:          The CAFR report summarizes the City’s financial
activities for the year and includes the independent auditor’s unmodified
opinion on the City’s financial statement.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:            Acceptance of the June 30, 2017 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies. http://www.muskegon-mi.gov/cresources/2016-17CAFR.pdf
Motion by Commissioner Johnson, second by Commissioner German, to accept
the June 30, 2017 CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   B. Amendment to the Zoning Ordinance – Critical Dunes      Planning &
      Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2310 of the
zoning ordinance. Act 451 of 1994, the Natural Resources and Environmental
Protection Act, allows municipalities to enact their own critical dune ordinance
and enforce it themselves, rather than relying on the Michigan Department of
Environmental Quality to do so. Staff anticipates that this will speed up the
approval process for projects located in critical dune areas.
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 at their November 16,
meeting.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
zoning ordinance amendment.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES


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PUBLIC PARTICIPATION: Comments were received by the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:52 p.m.


                                        Respectfully Submitted,




                                        Ann Meisch, MMC, City Clerk




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