City Commission Minutes 01-13-2015

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     JANUARY 13, 2015
    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 13, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Tim Cross from the
Living Word Church of Muskegon 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 Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John
Schrier, and City Clerk Ann Marie Cummings.
2015-02 HONORS AND AWARDS:
      A. Muskegon Big Reds.
      B. Muskegon Catholic Central Crusaders.
Mayor Gawron and Commission presented the Muskegon Big Reds and
Muskegon Catholic Central Crusaders with a Certificate of Recognition for their
successful football season.
2015-03 INTRODUCTIONS/PRESENTATION:
      A. Year-In-Review. CITY MANAGER
City Manager Franklin Peterson highlighted some of the accomplishments from
the last 12 months.
2015-04 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the December 8th Commission
Worksession Meeting, and the December 9th City Commission Meeting.
FINANCIAL IMPACT: None.



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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Request – Racquets, 446 W. Western Avenue. 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, 2015, to January 31, 2015. The liquor license request is to include the
volleyball court area which will be located on Western Avenue between 3rd and
4th Street on January 31, 2015.
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 find no reason to deny this
request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
      D. Approval of Extension for Realtor Procurement Contract for CNS.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To extend the Procurement Contract to December 31,
2015, for Greenridge Realty to be used by the City of Muskegon Community and
Neighborhood Services office. By granting the extension, the expiration date will
coincide with the other procurement contracts.
FINANCIAL IMPACT: The awards for the realtor will be paid through the sale of
homes originally established under HOME.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts to Greenridge Realty for the Community and Neighborhood Services
office.
      E. Rezoning Request for the Property Located at 916 W. Laketon Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 916 W. Laketon Ave.
from R-1, Single Family Residential to B-4, General Business by Lakeshore Animal
Hospital.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.


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COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the request at their December 11, 2014, meeting.
      G. Low-Boy Trailer. PUBLIC WORKS
SUMMARY OF REQUEST: The Equipment Division has been looking for a gently
used trailer for approximately a year now and we have finally found what we
need for a price that we find acceptable. Greg Smith Farms has a trailer for
$21,000 in very nice condition and we are requesting permission to proceed with
this purchase.
FINANCIAL IMPACT: $21,000.
BUDGET ACTION REQUIRED: None, this is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase one Low-Boy Trailer from
Greg Smith Farms of Belding, MI for $21,000.
      H. Agreement – Digital Spectrum Enterprises. FINANCE
SUMMARY OF REQUEST: Since May, 2005, the City has contracted with Digital
Spectrum Enterprises (DSE) for management of the City’s government access
channel. In exchange for these management rights, DSE broadcasts City
Commission meetings at no direct cost to the City. The current agreement with
DSE dates from January, 2012 through December, 2014.
Proposed is a three-year agreement renewal with DSE. Terms of the agreement
are the same as before.
FINANCIAL IMPACT: This contract entails no direct cost to the City. The City
benefits by having City Commission meetings broadcast at no cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract with DSE for
management of the government access channel.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the Consent Agenda as read with the exception of items C, F, and I.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
            Nays: None
MOTION PASSES
2015-05 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Ground Lease for Nims Neighborhood Playground/Park. PLANNING &
      ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City Commission approved a lease with Nims
Neighborhood for the property at the former Nims School, on October 28, 2014.



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When Transnation Title started work on the Title Commitment, they found that
there are some issues with the formerly vacated east west alley abutting Lot 9 of
Block 493. To simplify the issue and move the process along as quickly as
possible, Nims Neighborhood and City staff agreed to modify the Lease to
include language that any improvements placed in this alley may have to be
relocated in the future.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Ground Lease” and authorize the
Vice-Mayor’s and City Clerk’s signatures.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the Ground Lease and authorize the Vice-Mayor’s and City Clerk’s signatures.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
      F. Request for a Permanent Stage at Hackley Park.            PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Parties in the Park, Inc. has proposed to donate a
permanent stage for Hackley Park that will replace the temporary stage. They
will be conducting a fundraising campaign to raise the money.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the stage and the
resolution.
COMMITTEE RECOMMENDATION: The Historic District Commission unanimously
approved the request for the permanent stage at their January 6, 2015,
meeting.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the installation of a permanent stage at Hackley Park.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
      I. Community Relations Committee Recommendations for Various City
         Boards and Committees. CITY CLERK



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SUMMARY OF REQUEST:        Accept the recommendations from the Community
Relations Committee.
Appoint to the Board of Review, Bryon Mazade, Ralph Burr, and Sandra Boone-
Thomas; to the Citizen’s Police Review Board, Carlos Flores, Nicholas Archer, Ann
Craig, William Muhammad, and Ellouise Hieftje; to the Citizen’s District Council,
Rosalind Yvonne Ford, Addie Sanders-Randall, Kim Burr, Emma Torresen and
Chris Carter; to the Civil Service Commission, David Wendtland; to the
Construction Code Board of Appeals, Matt Tighe, Victoria Luthy and Wade
Vandenbosch; to the Downtown Development Authority, Martha Bottomley, Jay
Wallace and Jessica Cook; to the Election Commission, John Bronsema; to the
Historic District Commission, Jackie Hilt and Linda Wood; to the Housing Code of
Appeals Kirk Kolberg, and Randy Macki; to the Housing Commission, Derrick
Smith and Jerry Lottie; to the Income Tax Board of Review, Dona Bonnette; to
the Local Development Finance Authority, Faye Redmond; to the Local Officer’s
Compensation Commission, Paul Edbrook; to the Planning Commission, Joe
Doyle, Timothy Michalski and Bill Larson; and to Zoning Board of Appeals,
Raymond Hilt and Bill Larson.
Accept the resignation of Katrina Hansen from the Housing Commission.
Accept the reinstatement of the Equal Opportunity Committee to the CRC
Index with language amendments.
To permanently move the Community Relations Committee meeting from the
first Monday of each month to the Monday preceding the 1st Commission
Meeting following the Commission Worksession.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve the recommendations of the Community Relations Committee.
ROLL VOTE: Ayes:    Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
2015-06 NEW BUSINESS:
      A. Section 10-351 Registration of Rental Dwellings Ordinance Amendment.
         PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed amendment to Chapter 10
Buildings, Article VI, Division 2, subdivision III “Rental Property”, of the City of


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Muskegon Ordinance as it relates to; subsection (F.) Dwelling Fire Insurance 1.
Minimum coverage; use of insurance proceeds 2. Property owners to provide
City with insurance information.
This amendment requests that property owner(s) who lease for occupancy have
fire insurance in order to restore and/or demolish a structure in the event of a
fire. Further that the property owner(s) provide information and/or fire insurance
policy to the City during the rental registration process. A violation of this
amended section shall result in the suspension of the registration certificate.
FINANCIAL IMPACT: Relieve the City of Muskegon from bearing the expense to
demolish uninsured rental properties that are damaged during a working fire.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Staff recommends approving this ordinance
amendment as written.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the ordinance amendment as written.
ROLL VOTE: Ayes:  Johnson, Gawron, Hood, Spataro, German, Rinsema-
           Sybenga, and Turnquist
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Back corner of the building on the corner of Wood and
Marquette has collapsed.
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.


                                            Respectfully submitted,




                                            Ann Marie Cummings, MMC
                                            City Clerk




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