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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 26, 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, August 26, 2014.
Mayor Gawron opened the meeting with prayer from 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 Byron Turnquist, Ken Johnson, Eric Hood, Willie German, and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2014-60 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the August 11th Commission
Worksession Meeting, and the August 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Sale of Buildable Vacant Lot at 360 East Isabella. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 360
East Isabella to May Property Management, LLC, a Michigan limited liability
company who owns the adjacent parcel at 1089 Sophia, Muskegon, MI. The lot
is 66 x 132 ft. and is being offered to May Property Management, LLC for $900
plus the fee to register the deed. May Property Management, LLC will be
combining this property with his existing property, which would be considered
unbuildable should his home be destroyed over 75%. His property is 33 x 132 ft.
The True Cash Value (TCV) for the property listed in the Assessor’s office is $2,500,
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and our price is set at $1,875 which is 75% of that amount. The City has owned
the property since 2004 and there have been no inquiries for potential
construction.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for
the City and will place the property back on the City’s tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
E. Approval of Architectural Services Procurement Proposal for CNS.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Andrea Riegler as the Architectural Services
provider for Community and Neighborhood Services.
The bidding process resulted in four proposals.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve Andrea Riegler as the Architectural
Services provider for the Community and Neighborhood Services office for two
years.
F. 2014 Great Lakes Shoreline Cities Green Infrastructure Grant.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The US Environmental Protection Agency has released
applications for a Green Infrastructure Grant, to be used for projects that
improve the Great Lakes water quality by reducing/treating stormwater runoff
via green infrastructure. The West Michigan Shoreline Regional Development
Commission (WMSRDC) has offered to prepare the grant application (in
conjunction with Nederveld, Inc. and Golder & Associates). WMSRDC will also
manage the project, if the grant funding is approved (with City participation
and oversight). The project must be for public property, therefore the City must
officially apply for the grant. The proposed project will be based on the SAW
grant proposal (previously approved), with implementation through the new
grant for stormwater management/green infrastructure. The project will include
stormwater management/green infrastructure on the properties surrounding the
Beidler Road end area (City and County parcels). It may also include a rain
garden at Hartshorn near the far back side of the Fricano’s parking lot. This area
would be visible from the Lakeshore Trail, Hartshorn and Fricano’s. There is
currently a low spot where wetland vegetation attempts to grow and this will be
enhanced as it will function for stormwater filtration and will be more attractive.
FINANCIAL IMPACT: The previously approved SAW grant will act as match for
the grant. There may be in-kind elements that the City can assist with.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the City’s application for the USEPA
Green Infrastructure Grant, which includes committing to preserve/maintain the
green infrastructure for 15 years and erect appropriate signage; and authorize
the Mayor and Clerk to sign the necessary documents for the grant submittal, as
well as any documents required to accept the grant, if we receive approval.
Motion by Commissioner German, second by Commissioner Johnson to
approve the Consent Agenda as presented minus Items B and D.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
2014-61 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Amendment to the City Code of Ordinances – Livestock and Poultry.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff is requesting to amend the livestock and poultry
ordinance to allow for an education exception, which would allow accredited
educational institutions to keep a limited number of livestock, poultry, fowl,
rabbits and other animals for educational purposes. These institutions would first
need to receive Planning Commission approval after a public hearing.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the amendment to the City Code of
Ordinances regarding livestock and poultry.
Motion by Commissioner Turnquist, second by Commissioner German to
approve the ordinance amendment.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
D. Contract for Analysis of Impediment Study. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The cities of Muskegon, Muskegon Heights, Norton
Shores and the County of Muskegon are entering into an agreement with
Intellectual Business Solutions to conduct an Analysis of Impediment Study in the
County of Muskegon to further Fair Housing initiatives.
FINANCIAL IMPACT: The total amount of the contract is $30,000; the City of
Muskegon will pay $12, 000 of the cost.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and authorize the Mayor to
sign.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga
to approve the contract for Analysis of Impediment Study.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2014-62 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Ameriform.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to public Act 198 of 1974, as amended,
Ameriform Acquisition, LLC, 1790 Sun Dolphin Drive, has requested the issuance
of an Industrial Facilities Tax Exemption Certificate. The total capital investment
will be $375,000 in real property and $4,625,000 in personal property and will
create 35 new jobs. This qualifies them for a tax abatement of 12 years on real
property and 9 years on personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 9
years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years for real property and 9 years for
personal property for Ameriform Acquisition, LLC, 1790 Sun Dolphin Drive.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2014-63 NEW BUSINESS:
A. Extend the Moratorium for Marihuana Licensing. CITY CLERK
SUMMARY OF REQUEST: On June 24, 2014, the City Commission extended the
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current moratorium 60 days. Due to pending legislation that recently passed in
the House and Senate, staff is asking to extend the moratorium by an additional
90 days.
If the proposed bills are signed, it will create significant changes to our proposed
ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To extend the moratorium an additional 90 days.
Motion by Commissioner Johnson, second by Commissioner Turnquist to extend
the moratorium for an additional 90 days.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Kathy Evans, WMSRDC, explained the grant.
PUBLIC PARTICIPATION: Public comments were received.
2014-64 CLOSED SESSION: To Discuss Pending Litigation.
Motion by Commissioner Hood, second by Commissioner Rinsema-Sybenga to
go into Closed Session to discuss pending litigation.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson
to come out of Closed Session.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:01 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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