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CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 13, 2018 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Waiving of Fees City Clerk C. Fireworks City Clerk D. Purchase of HUD Home at 1015 E Forest Ave Community & Neighborhood Services Department E. Special Event Request – Great Lakes Surf Festival at Pere Marquette Park Planning F. Skate Park Fund Amendment City Manager G. Windward Pointe Master Plan City Manager H. Community Relations Committee Appointment City Clerk □ PUBLIC HEARINGS: □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: □ ANY OTHER BUSINESS: Page 1 of 2 □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Memorandum To: Mayor and Commissioners From: Frank Peterson Re: City Commission Meeting Date: February 7, 2018 Here is a quick outline of the items on our agenda(s): WORK SESSION 1. There is nothing on the agenda, but I plan to bring up a grant opportunity that I think we should discuss the merits of as a group. REGULAR MEETING 1. Under the Consent Agenda, we are asking the Commission to consider the following: a. Approval of meeting minutes from the most-recent City Commission meeting. b. The waiver of a special event application fee for a community event that the City is co-hosting with a local business in celebration of their 75th Anniversary in Muskegon. c. Approval of a community fireworks display at the event referenced in item 1b. d. The purchase of a HUD home at 1015 E Forest. CNS plans to renovate the home for a low/moderate income family. e. Approval of a special event request at Pere Marquette Park. The event will be focused on water sports (surfing, paddle boards, wind surfing, etc). and will include an on-beach camping component similar to the Burning Foot Beer Festival. f. We are seeking permission to amend the Skate Park Community Project Fund. The goal is to convert it into an endowed fund that has less fees and more earning potential. The city’s initial $10,000 contribution can be accessed anytime for a city-approved parks project, but the remainder of the dollars would be accessed as part of the endowment. g. We are seeking permission to invest another $25,000 into the Windward Pointe Master Plan. These dollars were recently donated to the City for this purpose. The donor is interested in smart, new-urbanist planning efforts along our lakefront. Let me know if you have any questions/comments/concerns Date: February 6, 2018 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the January 23, 2018 Regular Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 23, 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 23, 2018. Commissioner Willie German, Jr., 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 (arrived at 5:33), City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. 2018-04 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve minutes of the January 3, 2018 Organizational Meeting, January 8, 2018 Worksession Meeting and the January 9, 2018 Regular Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. C. Special Event Liquor License – Farmers Market City Clerk SUMMARY OF REQUEST: The Muskegon Farmers Market will be hosting a Dining in the Dark event on Wednesday, February 14, 2018 at the Farmers Market and we are requesting a liquor license including spirits. Proceeds will benefit the Farmers Market. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. Page 1 of 5 Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to approve the consent agenda as presented, except Item B. ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES 2018-05 ITEMS REMOVED FROM CONSENT AGENDA: B. Curry Kitchen Easement City Manager SUMMARY OF REQUEST: Curry Kitchen is requesting a six foot invisible easement from 1141 Third Street to 1133 Third Street so they may use the same liquor license for both establishments. Both locations shall be operated as a restaurant and remain open. If either location closes or does not operate seven days a week from 11 am to 10 pm, this agreement is terminated and the easement will no longer exist. FINANCIAL IMPACT: Curry Kitchen shall pay the City $1,500 for the first two years of the easement due and payable on the execution of the agreement. If they elect to exercise the option to extend the agreement, they shall pay an additional $5,000. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. Motion by Commissioner Johnson, second by Commissioner Warren, to approve the easement agreement for Curry Kitchen. ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood Nays: None MOTION PASSES 2018-06 NEW BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish Public Safety 330 Catawba Avenue (Garage Only) 910 Turner Avenue 1838 Jiroch Street 1934 Hudson Street 2247 Valley Street 13 Residential structures recently transferred from the Muskegon County Page 2 of 5 Land Bank or Muskegon County Treasurer as tax foreclosed properties to the City of Muskegon. 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 thirty (30) days or infraction tickets may be issued. 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 contracts 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: General Funds BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga, to concur with the Housing Board of Appeals decision to demolish 330 Catawba Avenue (Garage Only), 1838 Jiroch Street, 2247 Valley Street, and 13 other specified residential structures. 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 910 Turner. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Warren, and German Nays: None MOTION PASSES Motion by Commissioner Johnson, second by Commissioner German, to refer the matter regarding 1934 Hudson back to the Housing Board of Appeals. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema- Sybenga Nays: Turnquist MOTION PASSES B. Request to amend the Planned Unit Development (PUD) at 1740 E. Sherman Boulevard Planning & Economic Development Page 3 of 5 SUMMARY OF REQUEST: Request to amend the PUD at 1740 E Sherman Boulevard to allow for the addition of a new 5,600 square foot out-building and to increase the signage allotment. 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 December 14 Planning Commission meeting. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren, to approve the final Planned Unit Development at 1740 E. Sherman. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga, and Turnquist Nays: None MOTION PASSES C. Authorization to Engage Fletcher & Sippel City Manager SUMMARY OF REQUEST: City staff is requesting authorization to enter into a service agreement with Fletcher & Sippel, LLC in an effort to secure the elimination of the unused railroad track that currently traverses the Windward Pointe parcel. At this time, we are only formally seeking the abandonment of this section of the track, but expect that our success in doing so may positively impact our ability to remove additional sections running from downtown through Lakeside. FINANCIAL IMPACT: Not to exceed $33,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request and authorize the City Manager to enter into the service agreement with Fletcher & Sippel. Motion by Commissioner Johnson, second by Commissioner German, to approve the request and authorize the city manager to enter into the service agreement with Fletcher & Sippel. ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES D. Authorization to Engage Progressive AE City Manager SUMMARY OF REQUEST: City staff is requesting authorization to engage Progressive AE to undertake the architectural design work associated with the Page 4 of 5 planned downtown convention center. Engaging an architectural firm is the next step in making final determinations of the size, location, amenities, and costs associated with the convention center. Total architectural and engineering fees are expected to be $832,800, plus reimbursable expenses. 100% of related costs will be reimbursed through county accommodations tax receipts. FINANCIAL IMPACT: $832,800 plus reimbursable expenses. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the request and authorize the City Manager to enter into the service agreement with Progressive AE. Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga, to approve the request and authorize the city manager to enter into the service agreement with Progressive AE. ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES 2017-07 ANY OTHER BUSINESS: A. Fire Department Staffing Update City Manager City Manager, Frank Peterson, presented an update regarding Fire Department staffing levels. Also, under other business, the removal of snow was discussed. PUBLIC PARTICIPATION: Public Comments were received. ADJOURNMENT: The City Commission Meeting adjourned at 9:57 p.m. Respectfully submitted, Ann Marie Meisch, MMC, City Clerk Page 5 of 5 Date: February 13, 2018 To: Honorable Mayor and City Commissioners From: City Clerk RE: Waiving of Fees SUMMARY OF REQUEST: Staff is requesting to waive all fees associated with a free community event at Heritage Landing on May 26th in celebration of an anniversary for a prominent company in Muskegon. The event will last from 5 pm until dusk. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends approval. Date: February 13, 2018 To: Honorable Mayor and City Commissioners From: City Clerk RE: Fireworks SUMMARY OF REQUEST: Staff has received a request to display fireworks at Heritage Landing on Saturday, May 26th at dusk. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends approval based on approval of the insurance and inspection of the fireworks by the Fire Marshal. Commission Meeting Date: February 13, 2018 Date: February 5, 2018 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Dept. RE: Purchase of HUD Home at 1015 E Forest Ave SUMMARY OF REQUEST: To approve the purchase of a HUD home located at 1015 E Forest Ave in Oakview Neighborhood for the price of $34,000 (Thirty Four Thousand Dollars). 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 2016 HOME funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request to purchase the property. COMMITTEE RECOMMENDATION: None needed CITY COMMISSION MEETING DATE February 13, 2018 Date: February 1, 2018 To: Honorable Mayor and City Commissioners From: Mike Franzak, Planning Director Re: Special Event Request – Great Lakes Surf Festival @ Pere Marquette Park SUMMARY OF REQUEST: A special event application has been submitted for the Great Lakes Surf Festival to be held at Pere Marquette Park on August 17 and 18, 2018. It will be a family-friendly event celebrating water sports such as paddleboarding, kayaking, and windsurfing/kiteboarding. City staff has met with the applicant, Joe Bidawid, twice and we have given preliminary approval for the event so that he can obtain sponsors and advertise. He is requesting to add overnight camping with the event, which requires City Commission approval. The camping areas would be similar to what Burning Foot had last year. Overnight camping proposal: Tent camping is proposed on the beach to the south of the handicap-accessible boardwalk. RV camping is proposed in the grassy area of Margaret Drake Elliott Park adjacent to the parking lot near the Coast Guard station. Camping areas will open on Friday, August 17 and be cleared out by 11:00 AM on Sunday, August 19. All camping areas will be monitored by festival personnel. The applicant will be required to obtain the necessary Health Department permits. FINANCIAL IMPACT: The City will receive a percentage of camping revenue. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval COMMITTEE RECOMMENDATION: N/A AGENDA ITEM NO. _______________ CITY COMMISSION MEETING __________________________ TO: Honorable Mayor and City Commissioners FROM: Frank Peterson, City Manager DATE: February 7, 2018 RE: Skate Park Fund Amendment SUMMARY OF REQUEST: In 2016, the Commission created a Community Project Fund with the Community Foundation in an attempt to raise funds to build a skate park. The fund has generated very few donations aside from the City’s initial $10,000 investment, as active fundraising has not gotten underway yet due to a desire to have the intended location and design elements determined first. It's the City's intent to still pursue a new skate park. Staff is recommending that the fund be transitioned from a community project fund to an organization endowment focused on all Muskegon Parks. Once the endowment is created, the fund will be known as the “City of Muskegon Parks Fund,” and the Community Foundation will transfer the existing balance of the “Muskegon Parks Fund.” The “City of Muskegon Parks Fund” will have an initially-endowed balance of approximately $22,000. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the amendment and authorize the Mayor to sign. COMMITTEE RECOMMENDATION: COMMUNITY FOUNDATION for MUSKEGON COUNTY ORGANIZATION ENDOWMENT FUND AGREEMENT City of Muskegon Parks Fund Amendment AGREEMENT made ____________________, 2018, between the City of Muskegon (the "Donor") and the Community Foundation for Muskegon County (the "Foundation"), a Michigan non-profit corporation. This Amendment supersedes entirely the prior Muskegon Skate Park Fund Agreement between the Donor and the Foundation dated June 28, 2016. The purpose of this Amendment is to change the fund to an Organization Endowment Fund, and to change the name of the Fund. Agreement language has been updated to be consistent with current agreements. This agreement is made with reference to the following facts: A. The Donor is presently a qualified tax-exempt organization (as defined herein). B. The Foundation is a publicly-supported community foundation, meeting the public support test of IRC §509(a) and organized and operated exclusively for charitable purposes as provided in IRC §501(c)(3). C. The Donor desires to establish a permanent Endowment Fund with the Foundation which shall be known as the City of Muskegon Parks Fund (the "Fund"). D. The Foundation, pursuant to the terms of this agreement and the restrictions imposed hereby, desires to accept the initial contribution of Donor as well as any subsequent donations to the Fund, and to administer and distribute the same in accordance with the terms and conditions of this agreement. 1. Establishment of Fund. The Foundation acknowledges the balance of the Fund as of December 31, 2017 was _____________________. 2. Property of the Fund. The Fund shall include the property received to establish the Fund, such property as may later be transferred to the Foundation by Donor or from any other source for inclusion in the Fund and accepted by the Foundation, and all undistributed income from the Fund. The Fund shall be the Foundation’s property held by it in its corporate capacity and shall not be deemed a trust Fund held by it in a trustee capacity. The Foundation shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation and Bylaws of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles and Bylaws. 3. Designation of Purposes. The Fund shall be used for the general support of parks and recreation within the City of Muskegon. 4. Distributions of Income. All or a portion of the spendable income (as defined herein) of the Fund shall be distributed to Donor upon the written request of Donor, which may be submitted periodically to the Foundation. The request shall include a Board of Directors’ written resolution or minutes from a meeting approving the request for a distribution from the Fund. 5. Other Distributions. Distributions in excess of the spendable income of the Fund may be made to the Donor as the Foundation’s Board of Trustees determines. Recommendations for such distributions may be made from time to time to the Foundation by the Donor’s Board of Directors as provided in Paragraph 4 above. Excess distributions may be made only from the portion of the Fund’s balance which represents contributions made by the Donor plus allocated investment realized/unrealized gains and/or losses to such portion. Recommendations of the Donor’s Board shall be solely advisory and not binding on the Foundation. 6. Successors to the Donor. a. The Fund will continue for the exclusive use and benefit of the successor or surviving organization if the Donor merges or consolidates with another entity which is also a qualified tax-exempt organization under the Internal Revenue Code. b. Upon dissolution of the Donor, the Fund shall continue for the benefit of such other qualified tax-exempt organization as identified by the Donor’s Board of Directors, providing such identification is consistent with the charitable purposes of the Foundation. Any designation made under this section shall be in writing and shall be delivered by the Donor to the Foundation prior to the filing of legal dissolution of the Donor. c. If Donor fails to identify such other qualified tax-exempt organization or such identification is not consistent with the tax-exempt status of the Foundation, the Fund shall become a part of the Unrestricted Endowment of the Foundation. 7. Variance. a. This Agreement is subject to the Foundation’s authority to vary the terms of the gift as stated in Article VIII, Section (8) of the Foundation’s Bylaws. b. The Foundation shall promptly notify the Donor of any decision made to exercise the variance power. Notification of the exercise of the power shall be delivered in writing to the last known address of the Donor within 30 days following the Board’s decision. The Foundation shall also notify the Donor if it becomes aware of any other action instituted or proposed by any person to vary the purposes, uses or method of administration of the Fund. c. If the Foundation ceases to be a qualified tax-exempt organization or if the Foundation proposes to dissolve, the assets of the Fund shall, after payment or making provision for payment of any liabilities properly chargeable to the Fund, be distributed to Donor. If Donor is not then a qualified tax-exempt organization, said assets shall be distributed in such manner and to such organization or organizations in Muskegon County as satisfies the requirements of a qualified tax-exempt organization and serves purposes similar to those of the Donor. 8. Definitions and Construction. a. As used in this agreement: i. “Qualified tax-exempt organization” means an organization described in §501(c)(3) and which is other than a private foundation under §509(a) of the Internal Revenue Code, and a governmental entity or an affiliated entity exercising an essential governmental function. ii. References to any provision of the Internal Revenue Code shall be deemed references to the U.S. Internal Revenue Code of 1986 as the same may be amended from time to time and the corresponding provision of any future U.S. Internal Revenue Code. iii. "Spendable income" means the amount determined under the spending rule policy being used by the Foundation for its component Funds (less fees). b. It is intended that the Fund shall be a component part of the Foundation and that nothing in this agreement shall affect the status of the Foundation as an entity which is a qualified charitable organization. This agreement shall be interpreted in a manner consistent with the foregoing intention and so as to conform to the requirements of the Internal Revenue Code and any regulations issued pursuant thereto applicable to the intended status of the Foundation. c. Foundation will charge an annual administrative fee to the Fund, currently 0.5% of the average fund balance. Foundation also may charge an extra-ordinary fee, reasonable in amount, for services to the Fund which are requested by the Donor and are a significant and unusual administrative or economic burden to the Foundation. During any quarter that the Fund balance is less than $10,000, a $50 service fee may be charged. Fees are deducted from the Fund. If Donor transfers property to the Fund on any day after the first day of the Foundation’s fiscal year, only a pro-rata portion of the annual fee will be charged against the Fund. Donor further understands the fee schedule is subject to modification and may periodically be evaluated and adjusted by the Foundation’s Board of Directors. 9. Gift Acknowledgments. The Foundation shall make all Donor information with respect to the Fund available to Donor during normal business hours of the Foundation, or online, with authorization, but not limited to, name, address, amount of gift and restrictions on gift, if any. 10. Copies of Agreement. The Donor and the Foundation may furnish copies of this agreement to other potential Donors to the Fund to demonstrate the protocol and procedures that have been put in place with regard to the administration and disbursement of the Fund. The Parties execute this Agreement by its duly authorized officers effective as of the day and year above as evidence of their agreement. City of Muskegon By: _______________________________________________ Steve Gawron, Mayor Community Foundation for Muskegon County By: _______________________________________________ Chris A. McGuigan, President/CEO k:\dvlp\funds\amendments-changes-dissolutions\2018\muskegon parks amend 1-2018.docx AGENDA ITEM NO. _______________ CITY COMMISSION MEETING __________________________ TO: Honorable Mayor and City Commissioners FROM: Frank Peterson, City Manager DATE: February 7, 2018 RE: Windward Pointe Master Plan SUMMARY OF REQUEST: In 2017, the Commission agreed to provide $75,000 toward the master planning of the Windward Pointe project. Since that time, a donor has offered to gift the City of Muskegon an additional $25,000 toward that master planning effort. The city has received the donation and staff is requesting permission to pass the $25,000 through to Pure Muskegon. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To accept the gift and commit an additional $25,000 to the Windward Pointe Master Plan. COMMITTEE RECOMMENDATION: Date: February 13, 2018 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Community Relations Committee Appointment SUMMARY OF REQUEST: To accept the recommendation of the Community Relations Committee to appoint Josie Jones to the Citizen’s Police Review Board. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To accept the recommendation.