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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 13, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 13, 2013.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
from the Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, and Byron Turnquist, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
Absent: Commissioners Lea Markowski (arrived at 5:37 p.m.)
2013-68 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 23rd City Commission
Meeting and the July 30th, 31st and August 5th Special Commission Meetings.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Letter of Support to WMSRDC’s Great Lakes Fisheries Trust Grant
Application. PUBLIC WORKS
SUMMARY OF REQUEST: Support the West Michigan Shoreline Regional
Development’s efforts to secure Fisheries grant to construct approximately 800’
of bike trail, fishing stations and possibly a picnic shelter (depending on the
dollars available) on the Hartshorne peninsula’s pier and authorize the Mayor to
sign the letter of support.
FINANCIAL IMPACT: None to the City, however, the application is expected to
request around $200,000.
BUDGET ACTION REQUIRED: None.
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STAFF RECOMMENDATION: Endorse WMSRDC’s efforts and authorize the Mayor
to sign the letter of support.
E. SECOND READING: Fireworks Ordinance Amendment. PUBLIC SAFETY
SUMMARY OF REQUEST: It is requested the City Commission approve the
Ordinance Amendment which provides for the regulation of the ignition,
discharge and use of consumer fireworks, as allowed under the Michigan
Fireworks Safety Act.
The ordinance specifically limits the days and hours Consumer fireworks may be
ignited, discharged or used in the City. The ordinance prohibits the use of
fireworks while under the influence of alcohol or drugs. The Public Safety Office
wants to ensure no person shall recklessly endanger the life, health, safety, or
well-being of any person by the ignition, discharge, or use of consumer fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Ordinance as presented.
Motion by Vice Mayor Spataro, second by Commissioner Hood to adopt the
Consent Agenda as presented with the exception of items B and D.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, and Gawron
Nays: None
MOTION PASSES
2013-69 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Concession Contract for Concession Building at Pere Marquette Park.
PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement for 2014 with Morse and Jinger Michael of Moji Inc. (DBA
The Beach Cove) for operating a Concession called “The Beach Cove” (“The
Island” Concession) at Pere Marquette Park.
FINANCIAL IMPACT: Contract revenue for “The Island” concession was $2,118
for the 2009 operating season, $3,625 in 2010, $1,830 in 2011 and $1,296 in 2012.
Concession revenue is normally 10% of gross receipts. However, if approved by
Commission, staff would negotiate “in-kind” services/donation to Pere
Marquette Park facilities or 10% commission of gross receipts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW Staff to enter into a one-year
Concession Agreement with Morse and Jinger Michael of Moji Inc., for a
Concession at the Concession (restroom/lifeguard) Building at Pere Marquette
Park for 2014.
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Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve the one-year Concession Agreement with Morse and Jinger Michael of
Moji Inc., for a Concession at the Concession Building at Pere Marquette Park for
2014.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
D. Farmers’ Market DMDC Relocation Site – Purchase Agreement between
the City of Muskegon (City) and Downtown Muskegon Development
Corporation (DMDC). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The DMDC is developing a portion of their property
downtown for the relocated City Farmers’ Market. When the property has been
developed, the DMDC will transfer the land and improvements to the City for $1.
The Purchase Agreement outlines the terms for this transfer, which is expected to
occur in the spring of 2014.
FINANCIAL IMPACT: The City will be paying $1 for the land and improvements.
The City will continue to manage the Farmers’ Market, as well as the new
entities, such as the community kitchen. The City will collect the revenues and
pay for any future expenditures.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Purchase Agreement between the
City and DMDC and authorize the Mayor and Clerk to sign all necessary
documents, including closing documents at the time of sale.
Motion by Commissioner German, second by Vice Mayor Spataro to approve
the Purchase Agreement between the City of Muskegon and the Downtown
Muskegon Development Corporation.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2013-70 NEW BUSINESS:
A. Presentation of Veterans’ Memorial Park. PUBLIC WORKS
SUMMARY OF REQUEST: Allow staff and the engineer to make a required public
presentation on the proposed improvements to the Veterans’ Park. The City of
Muskegon, in cooperation with MDOT, the City of North Muskegon, Muskegon
County, the Lions of Michigan, and local veterans groups, is undertaking the
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design and construction of improvements to the Veterans’ Memorial Causeway
Park to improve barrier-free accessibility. Since the project is within a publicly
owned park, public informational meetings are required by MDOT to be held to
allow for public comment.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Allow the presentation and greet any and all
comments offered by the public at the meeting.
City Engineer/Public Works Director Mohammed Al-Shatel introduced Frank
Bednarek, Hooker Dejong Architects, 316 Morris, who gave an overview of the
project. Bruce Callen, Callen Engineering, 15172 Carriage Way, Spring Lake,
explained barrier free accessibility and relocation of monuments.
Dr. Cobler, 1045 Camelot, Laketon Township, stated the water fountain and two
cannons will get a make-over. These two items are not in the scope of this
funding.
Mohammed Al-Shatel stated that by accepting this project you are okaying the
removal of streetlights.
Tom Thompson, 5564 Southshore Dr., Fruitland Twp., commented on the
decorative trees blocking the view of the interior.
County Commissioners Terry Sabo and Rillastine Wilkins support the project.
B. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to designate
Cathy Brubaker-Clarke as the delegate and Mohammed Al-Shatel as the
alternate for the convention.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
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PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 pm.
Respectfully submitted
Ann Marie Cummings, MMC
City Clerk
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