City Commission Minutes 01-09-2018

View the PDF version Google Docs PDF Viewer

     CITY OF MUSKEGON
       CITY COMMISSION MEETING
         JANUARY 9, 2018 @ 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, January 9, 2018.
Reverend Robert Henderson, First Wesleyan 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, Debra Warren, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
HONORS AND AWARDS:
  A. Recognition of the Muskegon Big Reds Football team as the 2017 Division 3
     State Champions Mayor Gawron presented representatives of the
     Muskegon High School Big Red Football Team and their coach, Shane
     Fairfield, with a Certificate of Recognition and a street sign that will be put
     up naming the Big Reds as the 2017 Division 3 State Champions.
  B. Recognition of La’Darius Jefferson as the 2017 MHSAA High School Football
     Player of the Year Mayor Gawron presented La’Darius Jefferson with a
     Certificate of Recognition and a street sign identifying him as the 2017
     MHSAA High School Player of the Year.
INTRODUCTIONS/PRESENTATION:
  A. Dr. Arbulu – Racial Equity Presentation      Commissioner German
     introduced Dr. Augustin Arbulu, Director of the Michigan Civil Rights
     Commission and Dr. Arbulu gave a presentation regard racial equity and
     also advised of programs available to the city to assist in this effort.


                                         Page 1 of 6
2018-02     CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve minutes of the December 11, 2017
Worksession and the December 12, 2017 Regular meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   B. Bicycle Ordinance – SECOND READING                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.
   D. Adopt a Resolution Approving the Liquor License Application for EAT1635,
      LLC for a Class C Liquor License at 1635 Beidler City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving a Class C Liquor
License for Eat1635, LLC at 1635 Beidler.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Adopt a resolution approving the request for a
Class C Liquor License for EAT1635, LLC at 1635 Beidler.
   E. Approval of Neighborhood Enterprise Zone Certificate – 1173 4th Street
      Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Community enCompass for the
rehabilitation of the home at 1173 4th Street. The rehab will include upgrades to
the roof, bathroom, paint, flooring and windows and will cost about $25,000.
Community enCompass will hold the NEZ certificate in abeyance until it is
transferred to a new owner within two years. The applicant has met local and
state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:         The property taxes will be frozen at the pre-
rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the NEZ certificate.

                                          Page 2 of 6
   F. Ryerson Creek – Clean-up Efforts and Resolution in Support     Department
      of Public Works
SUMMARY OF REQUEST: The West Michigan Shoreline Regional Development
Commission and ATY Metals (Teledyne Continental Motors) are seeking funding
from the Environmental Protection Agency and Michigan Department of
Environmental Quality to continue cleanup efforts related to contaminated soils
in watersheds affecting the Great Lakes with the eventual goal of delisting
Muskegon Lake. WMSRDC is gathering support and contributions as match for
the federal funding. In an effort to provide in-kind contribution, staff have
reviewed sanitary sewer capacity and recommend allowing up to 100,000
gallons of wastewater into our system at no cost to the project. Lost revenue
associated with this request amounts to approximately $200. The project will not
restrict future development or dredging. Staff is requesting that a resolution of
support for the project be approved.
FINANCIAL IMPACT:        $200
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:       Approve resolution of support for the Ryerson
Creek Great Lakes Legacy Act contaminated sediment cleanup project.
   G. City Hall East Entrance Roof Replacement Department of Public Works
SUMMARY OF REQUEST: The roof over the east entrance to City Hall needs to be
replaced due to age and improper drainage. Last spring, the project was
advertised and bids were taken with the low bid amount being $42,000. In order
to capitalize on that bid amount, commitment for the work had to be given and
materials ordered prior to the end of the calendar year. If delayed, the
increased cost of materials and labor would be $4,200. The Finance Director
confirmed that there is available funding for the work, and the City Manager
gave approval to move forward with the bid and seek Commission approval at
the January 9 meeting since there was no meeting planned for the fourth
Tuesday in December.
Staff is requesting that the budget increase be approved to fund the
replacement of the roof.
FINANCIAL IMPACT:        $45,000
BUDGET ACTION REQUIRED:         Increase City Hall Maintenance budget by
$45,000 in next forecast.
STAFF RECOMMENDATION:         Approve budget increase for the roof
replacement for the east entrance to City Hall.
   H. Community Relations Committee Resignations and Removals City Clerk
SUMMARY OF REQUEST: To accept the following resignations and removals:


                                        Page 3 of 6
      Board of Review – Resignation of Sandra Boone-Thomas
      Election Commission – Resignation of Louis Spyke
      Equal Opportunity Committee – Removal of Steven Santo for lack of
      attendance
      Housing Commission – Resignation of Jerry Lottie
      Income Tax Board of Review – Removal of Jason Meekhof – moved from
      jurisdiction
      Local Development Finance Authority – Removal of Jason Meekhof –
      moved from jurisdiction
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To approve the resignations and removals.
   I. Community Relations Committee Appointment Recommendations            City
      Clerk
SUMMARY OF REQUEST: To accept reappointments and appointments for
various community relations committees, boards, authorities, and commissions,
as follows:
   Board of Review
              Reappoint: Mary Jamieson (Citizen), Don Correll (Citizen), Clinton
       Todd (Citizen), and Steve Warmington (Alternate)
       Appoint: Jane Clingman-Scott (Citizen) and Martha Bottomley (Alternate)
   Citizen Police Review Board
              Reappoint: David Bukala (Law Enforcement Professional) and Ruby
       Clark (Neighborhood Association Rep.)
   CDBG/CDC
       Reappoint: Kim Burr (Citizen from Ward 3) and Jeremy Lenertz (Citizen at
Large)
              Appoint: Carrie Johnson (Citizen from Ward 1), Scott Banninga
       (Citizen from Ward 2), and Poppy Sias-Hernandez (Citizen from Ward 4)
   Construction Code Board of Appeals
              Reappoint: Chad Grinwis (Architect), James Fox (Electrical), Harold
       Callendar (Plumbing), and Michael McPhall (Fire)
   Downtown Development Authority
              Reappoint: Heidi Sytsema (Interest in the District), Jeanette Moore
       (Citizen), and John Riegler (Resident of the District)
   Election Commission
       Appoint: Betty Roberts (Citizen) and Casey Allard (Citizen)
   Equal Opportunity Committee


                                        Page 4 of 6
             Reappoint: Rosie Buchanan (Citizen from Ward 3) and Diane
       Murray-McKinley (Citizen from Ward 1)
       Appoint: Alfredo Hernandez-Corsen (Citizen from Ward 4)
   Historic District Commission
             Reappoint: Jackie Hilt (Member Local Preservation Society) and
       Linda Wood (Member Local Preservation Society)
   Housing Code Board of Appeals
       Reappoint: Kirk Kolberg (Citizen) and Randy Mackie (Citizen)
   Housing Commission
       Reappoint: Maxine Lenear (Citizen)
       Appoint: Kimi George (Citizen)
   Income Tax Board of Review
       Reappoint: Dona Bonette (Resident)
       Appoint: Demario Phillips (Resident)
   Local Development Finance Authority
       Reappoint: Jeffery Burr (Citizen) and Rosie Buchanan (Citizen)
       Appoint: Chris Byrnes (Citizen)
   Local Officers Compensation Commission
       Appoint: Andrew Cirner (Citizen)
   Planning Commission
       Reappoint: Joe Doyle (Citizen), Timothy Michalski (Citizen), and Bill Larson
(Citizen)
   Zoning Board of Appeals
             Appoint: William Bowman (Resident) and Bryon Mazade (Planning
       Commission Member)

FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the reappointments and
appointments.

Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except Item C.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
            Nays: None
MOTION PASSES
2018-04     ITEMS REMOVED FROM THE CONSENT AGENDA:

   C. Amendment to the Zoning Ordinance – Critical Dunes – SECOND READING

                                         Page 5 of 6
      Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2310 of the
zoning ordinance to adopt a local critical dune 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 Warren, second by Commissioner Johnson, to approve
the zoning ordinance amendment.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
   Commissioner German received some complaints about the snow that ends
   up at the end of driveways. Commission German also raised the issue of guns
   being fired in the city on New Year’s Eve and everyone was reminded that
   this is not okay. Fireworks are okay 24 hours before and after a holiday.
   Commissioner Johnson raised the issue of discretion being exercised by the
   police department in issuing citations for winter parking ordinance violations.
   It has been difficult for some to find anywhere to park, off of the street, due
   to the amount of snow the city was hit with recently.
PUBLIC PARTICIPATION: No comments were received from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:43 p.m.


                                             Respectfully Submitted,




                                             Kimberly Young, Deputy City Clerk

                                         Page 6 of 6

Top of Page