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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 10, 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, March 10, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Marcy Miller from
Samuel Lutheran 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 Ken Johnson, Eric Hood, Willie German, and Dan Rinsema-
Sybenga, City Manager Franklin Peterson, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Byron Turnquist (excused)
2015-15 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the February 9th Commission
Worksession Meeting, the February 10th City Commission Meeting, and the
February 20th Goal Setting Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Amendment to the Rental Property Ordinance.
PUBLIC SAFETY
SUMMARY OF REQUEST: Two small amendments are needed to the recently
adopted Rental Property Ordinance. The requirement for an ID was
inadvertently removed from sec. 10-351(e)(6) and has been added to this
version.
Section 10-351(f)(2) states the insurance policy must be on file in the Clerk’s
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Office making it more cumbersome on the customer to visit two offices. Under
the proposed language, a copy of the insurance policy can be collected by
Safebuilt or another City designee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the Ordinance as presented.
C. Light Fixtures Replacement at Public Service Building through
Consumers Energy. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumers Energy to provide 56 light fixtures as described in the proposed
agreement, installation is not included, for a price of $9,173.67 to replace the
outdated fixtures we currently have as part of our continued efforts for energy
conservation.
The proposed lights and an estimated $5,700 in incentives (rebate and made in
Michigan) upon installation from Consumers Energy would result in an estimated
payback of less than a year.
FINANCIAL IMPACT: The initial purchase cost of $9,173.67; however, the net cost,
upon receiving the rebate/incentive, is estimated at $3,500 plus a possible
installation cost of $2,000 if time did not allow for in-house installation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Consumers Energy to provide the light fixtures.
D. Coagulant Mixer. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to purchase a coagulant mixer for the
Water Filtration Plant from the lowest responsible bidder, Mastrrr Company.
FINANCIAL IMPACT: $23,950.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends acceptance of bid from Mastrrr
Company for $23,950.
E. Gaming License – MOKA. CITY CLERK
SUMMARY OF REQUEST: MOKA has recently moved into the City of Muskegon
and is requesting to be recognized as a 501(c)3 for a gaming license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
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G. Amendment to the Mobile Food Vending Ordinance. CITY CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Mobile Food Vending
Ordinance. Staff encountered no issues and received no complaints. Staff
believes mobile food vending units are a benefit to our City and downtown and
would like to encourage more participation.
We are requesting to amend the ordinance to (1) change the amount of time a
mobile food vending truck may stay in one place from 15 minutes to 30 minutes
without a permit; and (2) change the distance a mobile food vending service
may be parked within an existing brick and mortar restaurant from 150 feet to 50
feet.
Further, to encourage more participation, we are asking to lower the permit fees
from $300 a unit, $150 for existing restaurants in the City of Muskegon, and $50
for restaurants in the Downtown Development area to be changed from a
monthly fee to an annual fee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
(REQUIRES SECOND READING)
H. Amendment to the Special Event Parking Downtown Ordinance. CITY
CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Special Event Parking
Downtown Ordinance to require businesses to offer public restrooms during
special events. Once it was implemented for a season, we were able to ask for
input from those businesses it impacted.
Based on the feedback, staff is requesting to modify the ordinance to remove
the requirement the first port-a-jon be an ADA accessible facility and include a
hand washing unit. Staff is also requesting to change the language to indicate
public restrooms be available within 100 feet of the parcel.
Staff is also requesting the fee schedule be changed to indicate no permit is
needed for those parking under 50 vehicles and offering an annual permit of
$125. A $50 per event fee will still be offered to those businesses who wish to pay
a per event fee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
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(REQUIRES SECOND READING)
I. Amendment to the Licensing Ordinance. CITY CLERK
SUMMARY OF REQUEST: This is a request to amend ordinance 50-2, Licensing,
Penalties and Remedies. Staff is asking to revise the ordinance to state property
owners are also subject to a municipal civil infraction if any of the provisions of
the ordinance are violated.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment.
(REQUIRES SECOND READING)
K. City – MDOT Agreement for Traffic Signal Upgrades at Sherman and
Glenside. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the traffic signal
upgrades at Sherman and Glenside and approve the resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $102,343. The estimated total construction cost is $131,000 plus
engineering cost. Also, the City of Roosevelt Park has committed participation
of 25% of local share.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
L. City – MDOT Agreement for the Reconstruction of Getty Street, Evanston
to Apple Avenue (M-46). ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Getty Street from Evanston to Apple and approve the resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: The State’s participation is limited to 54% of the cost and
capped at $375,000 with the estimated $400,000 remaining cost, including
engineering, is the City’s responsibility.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
M. Construction Engineering Services – Sherman and Glenside Traffic
Signal. ENGINEERING
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SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink out of Muskegon to perform the necessary
construction engineering for the Sherman and Glenside traffic signal upgrade.
Fleis & Vandenbrink was selected via verbal contracts with local consultants
seeking their interest which included Westshore Engineering and Johnson
Anderson.
FINANCIAL IMPACT: Estimated cost of $18,300.
BUDGET ACTION REQUIRED: None at this time; however, some adjustments
might have to be made as a result of the bids which are expected in early
March.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink.
N. Lake Hawks. CITY MANAGER
SUMMARY OF REQUEST: Staff is requesting permission for the City Manager to
allocate up to $2,500 to continue efforts to provide and encourage recreational
opportunities for local youth. Funds would be used to purchase tickets to the
ABA District Final Four being held at Muskegon High School and pay for
television broadcasting the three game event. The tickets would be distributed
to the community with a focus on youth.
FINANCIAL IMPACT: $2,500.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
O. Community Relations Committee Recommendations. CITY CLERK
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee:
Accept the resignation of Dave Mayville from the Historic District Commission
and appoint Andrea Riegler in his place as Architect.
Appoint to the Equal Opportunity Committee Diane Murray-McKinley for Ward 1;
Debra Warren for Ward 3; Kortney Williams for Ward 4; and Rosie Buchanan and
Lisa Chalko for At-Large.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments at their March 9, 2015, meeting.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
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the Consent Agenda as read with the exception of Items F and J.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
2015-16 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. Business Improvement District (BID) Resolution. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: We are requesting the resolution be adopted
establishing a Business Improvement District. The boundaries are outlined in the
map. It is also requested the Commission establish the board with the following
recommended individuals:
Amanda Garabedian – First General Credit Union (121 W. Western Ave.)
Bruce Lindstrom – BellaBay Realty (587 W. Western Ave.)
Justin Clark – Frontier Communications (860 Terrace St.)
Doug Pollock – Parkland Properties/Holiday Inn (939 3rd St.)
Gary Post – Port City Construction/Western Ave. Properties LLC (350 W.
Western Ave.)
Bob Tarrant – Hume Properties LLC (900 3rd St.)
City Manager – City of Muskegon
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution as presented.
Motion by Vice Mayor Spataro, second by Commissioner German to adopt the
resolution to implement the Business Improvement District as presented.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
J. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow amusement and recreational facilities, including indoor and outdoor
sports fields in B-2, Convenience and Comparison Business districts.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their special meeting in February.
Motion by Commissioner Johnson, second by Commissioner German to amend
the zoning ordinance to allow amusement and recreational facilities, including
indoor and outdoor sports fields in B-2, Convenience and Comparison Business
districts.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
(REQUIRES SECOND READING)
2015-17 PUBLIC HEARINGS:
A. Lakeshore Smartzone LDFA – Plan Amendment and Public Hearing.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon Local Development Finance
Authority (LDFA) and City Commission approved The Lakeshore Smartzone Local
Development Finance Authority and Tax Increment Financing Plan (“Plan”) in
2002. The State of Michigan recently provided the opportunity to extend the Tax
Increment Finance (TIF) capture for an additional five years, if the Smartzone
LDFA Plans are amended to include additional projects, job creation,
cooperation with other regional entities, and/or additional reporting. As this
additional five years of TIF capture will assist the City in paying back the bonds
that were issued for development of the MAREC facility, an amendment to the
Plan was prepared. The amendment was approved by the LDFA and the Plan
has been forwarded to the City Commission, where a public hearing is to be
held.
FINANCIAL IMPACT: The additional five years of tax capture will allow for the
generation of approximately $175,330 in revenues from school taxes (in addition
to the $331,035 generated from local taxes).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the City Commission hold the public hearing
and approve the resolution amending the Plan.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
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Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
close the Public Hearing and approve the resolution amending the Plan.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
(REQUIRES SECOND READING)
B. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 21,
2015, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Hood, second by Commissioner Rinsema-Sybenga to
close the Public Hearing and approve the resolution with Dreamers being
removed.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Johnson, and
Gawron
Nays: None
MOTION PASSES
2015-18 NEW BUSINESS:
A. PILOT – General Capital Acquisitions, LLC. PLANNING & ECONOMIC
DEVELOPMENT
REMOVED PER REQUEST OF STAFF.
B. Second Quarter 2014-15 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2014-
15 Budget Reforecast which outlines proposed changes to the budget that have
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come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Significant second quarter proposed adjustments to the
budget are as follows:
• General Fund revenues are reforecast to be $1,248,426 lower than the
first quarter reforecast. This decrease is primarily due to moving
$1,168,300 in anticipated grants revenue for the Veterans Park
improvements from the general fund to the state grants fund. In
addition, due to revised state estimates, revenue sharing is projected to
be $155,752 lower than the original budget.
• General Fund expenditures are estimated to be $1,096,409 lower than
the first quarter reforecast. This decrease is largely due to moving the
Veteran’s Park capital project to the state grants fund. The DDA will
require a subsidy of $70,000 from the general fund for the current year’s
debt service as TIF revenue has declined due to tax appeals.
• There are a number of changes proposed for capital projects and
include:
♦ In the General Fund, Veteran’s Park upgrades project was moved to
the state grants fund. Pere Marquette Park playground equipment
project reduced from $20,000 to $15,000 for the current fiscal year.
♦ In the Major Streets Fund, proposed projects are now $3,247,000
compared to $6,825,000 as projected in the first quarter, largely due to
the timing of projects.
♦ In the Public Improvement Fund, the proposed beach warning system
has been eliminated.
♦ In the State Grants Fund, $1,168,300 has been included for the
Veteran’s Park capital project which is funded primarily by grants.
♦ In the Equipment Fund, capital items have been adjusted to reflect
revisions of needs versus available resources.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2014-15 budget.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Second Quarter 2014-15 Budget Reforecast.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
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ADJOURNMENT: The City Commission Meeting adjourned at 6:48 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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