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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 14, 2014
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, MI at 5:30 p.m., Tuesday, January 14, 2014.
Mayor Gawron opened the meeting with prayer from Pastor Penny Johnson
from Oak-Crest Church of God 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, Commissioners Byron Turnquist, Ken Johnson,
Eric Hood, Lawrence Spataro, Willie German, and Dan Rinsema-Sybenga, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
2014-03 INTRODUCTIONS/PRESENTATION:
A. Sister Cities. Pat Donahue and students that participated in the recent
October Sister Cities exchange gave an update to the Commission.
2014-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the December 9th Commission
Worksession Meeting, and the December 10th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Deficit Elimination Plan for Neighborhood Stabilization Fund. FINANCE
SUMMARY OF REQUEST: At June 30, 2013, the City of Muskegon Neighborhood
Stabilization Fund had a deficit balance of $38,767. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Neighborhood
Stabilization Elimination Plan and Resolution.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan, the
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Neighborhood Stabilization Fund will no longer have a deficit by June 30, 2014.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolution.
C. SAFEbuilt “Addendum to Professional Services Agreements”.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has contracted with SAFEbuilt to
provide building and property inspection services. Currently, there are two
separate agreements with different termination dates. In order to remain
consistent, there are three changes recommended to the agreements. The first
is to permit SAFEbuilt the use of City telephone and internet services, for a
monthly/annual fee. The second is to use the same termination dates for both
the Building and Rental/Environmental Code Compliance Agreements. The
third is to allow SAFEbuilt to use the City’s BS&A software, as well as the Alpha
software.
FINANCIAL IMPACT: The City will be providing services for use of the telephone
and internet and will receive a monthly fee of $150 plus an annual SIP handset
fee of $85 per telephone from SAFEbuilt.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Addendum and authorize the
Mayor’s signature.
E. Liquor License Request – Racquets, 446 W. Western Avenue,
Commission Approval for Use of City Owned Property. PUBLIC SAFETY
SUMMARY OF REQUEST: The Muskegon Police Department has received an
Application for Temporary Authorization from Downtown Pinnacle Properties
(dba Racquets Downtown Grill) for a charity volleyball event scheduled for
January 30, 2014 to February 1, 2014. The liquor license request is to include the
volleyball court area which will be located on Western Avenue between 3rd and
4th Street.
The State of Michigan Liquor Control Commission is asking for local Commission
approval, for use of the City street, before the license is issued. This is a repeat
event, and the Muskegon Police Department finds no reason to deny this
request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
F. Quit Claim City Property to County of Muskegon. CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the quit claim
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deed to the County of Muskegon for $1. The City lot is currently being used as
parking by County employees and will continue to be used as parking.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the quit
claim deed.
G. Title VI – Non-Discrimination Plan & Limited English Proficiency Plan.
AFFIRMATIVE ACTION
SUMMARY OF REQUEST: A Title VI Plan was developed to adhere to non-
discrimination requirements that shall be met prior to the receipt of, or upon
entering into a contract with the Michigan Department of Transportation
(MDOT) for Federal Highway Administration (FHWA) funds.
The City of Muskegon currently does not have a Title VI Non-Discrimination Plan
or Limited English Proficiency Plan on file with the Michigan Department of
Transportation. Compliance with Federal and State Civil Rights Regulations is
mandatory and it is our responsibility to ensure that as a recipient or sub-
recipient of Federal Highway Administration dollars, we have a Title VI Plan and
a Limited English Proficiency Plan on file with the Michigan Department of
Transportation prior to the receipt of federal funds.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the City of Muskegon Title VI – Non-
Discrimination Plan, and Limited English Proficiency Plan, and authorize the
Mayor and Staff to sign, and place on file with the Michigan Department of
Transportation.
H. Approval of Realtor Procurement Bid for CNS. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Greenridge Realty as our Realtor and listing
agent for the City of Muskegon’s CNS properties for 2014. The procurement
bidding process conducted in November, 2013, resulted in an unacceptable
bid offer.
FINANCIAL IMPACT: Any financial impact would be realized at the sale closing;
the realtor would receive 6% of the sale price; 1% discount if Greenridge is the
buyer’s agent.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Greenridge Realty as the Realtor for the
Community & Neighborhood Services office for the 2014 year.
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I. Vacation of Nims Street between Brunswick Street and Vulcan Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Newkirk Electric at 1875 Roberts Street is requesting to
vacate the portion of Nims Street between Brunswick Street and Vulcan Street
so they may combine their main facility with their other property at 1975 Vulcan
Street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDAION: The Planning Commission recommended
vacation of the street at their December meeting, with the condition that all
utility easement rights be retained.
J. Vacation of Vulcan Street South of Nims Street and North of Keating
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Newkirk Electric at 1875 Roberts Street is requesting to
vacate the portion of Vulcan Street south of Nims Street and north of Keating
Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the street at their December meeting, with the condition that all
utility easement rights be retained.
Motion by Commissioner Hood, second by Commissioner Johnson to accept the
Consent Agenda as presented minus Item D.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2014-05 ITEM REMOVED FROM THE CONSENT AGENDA:
D. SAFEbuilt Inspectors – Authorization to Issue Citations. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has contracted with SAFEbuilt to
provide building and property inspection services. This responsibility includes
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the necessity of issuing citations. Since State law specifies that only “local
authorized officials” may issue civil citations on behalf of the municipality it is
necessary to appoint the SAFEbuilt inspectors as “local authorized agents with
the power to issue municipal citations and municipal ordinance violation
notices”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution authorizing SAFEbuilt
inspectors to act as “local authorized agents”.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga
to approve the resolution authorizing SAFEbuilt inspectors to act as “local
authorized agents”.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2014-06 UNFINISHED BUSINESS:
A. Appointment of Vice Mayor.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to appoint Larry Spataro as Vice Mayor for the next two-year term.
ROLL VOTE: Ayes: Spataro, Turnquist, Johnson, and Gawron
Nays: German, Rinsema-Sybenga, and Hood
MOTION PASSES
2014-07 NEW BUSINESS:
A. Towing Contract. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the towing contract
with the City. This contract will go into effect on January of 2014. Proposals
were submitted by the following companies:
1. Ramos Towing, 2444 S. Getty, Muskegon 49444
2. ASAP Towing, 2486 S. Getty, Muskegon 49444
3. Central Towing, 710 Alberta Ave., Muskegon 49441
4. Reliable Towing, 1288 Ninth St., Muskegon 49440
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Director of Public Safety recommends the
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Commission consider selecting Ramos Towing Services for a three year towing
contract to provide needed towing services listed in the contract.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
award the towing contract to Ramos Towing Services for a three year towing
contract to provide needed towing services listed in the contract.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
B. Muskegon Lakefront LLC Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve the agreements as submitted.
FINANCIAL IMPACT: $50,000 in payments from Muskegon Lakefront LLC.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreements as submitted.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German
to approve the agreements as submitted for Muskegon Lakefront LLC.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
C. Community Relations Committee Recommendations for the Various
Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee regarding appointments and resignations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the recommendations of the Community
Relations Committee from their January 13, 2014, meeting.
Motion by Commissioner Turnquist, second by Commissioner Hood to approve
the recommendations of the Community Relations Committee from their January
13, 2014, meeting.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
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MOTION PASSES
ANY OTHER BUSINESS: Vice Mayor Spataro represented the City at the
groundbreaking of the new Muskegon County Jail.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:41 pm.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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