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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 25, 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, August 25, 2015.
Pastor Marcy Miller from Samuel Lutheran Church opened the meeting with
prayer, 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 Turnquist, Johnson, Hood, German, and Rinsema-Sybenga, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
2015-59 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the August 10, 2015 Commission
Worksession meeting and the August 11, 2015 City Commission meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIREDE: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Youth Basketball League and Open Gym Proposal – Muskegon Public
Schools Planning and Economic Development
SUMMARY OF REQUEST: The City of Muskegon has contracted with the
Muskegon Public Schools for the management of the Youth Basketball League
and Open Gym since 2010. The program has been successful and the Schools
would like to manage the program for the 2015-2016 school year. The
commission is requested to approve the proposal and authorize staff to enter
into an agreement with the Schools for over sight of the basketball program and
the Open Gym program.
FINANCIAL IMPACT: The cost for the program is $18,500 (which has not changed
since 2010).
BUDGET ACTION REQUIRED: Funds are available through the Leisure Services
budget.
STAFF RECOMMENDATION: To approve the “Youth Basketball League and Open
Gym Proposal” and authorize staff to enter into a formal agreement with the
schools.
C. Certification of MERS Representatives Finance
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS to select one official employee representative. This year the
official employee representative attending the MERS conference will be Jan
Labrenz (Customer Service Representative II) from the clerical employees’ union
group.
It is recommended that Derrick Smith (Finance Director) be designated as the
City’s employer delegate.
FINANCIAL IMPACT: Registration for the MERS conference in Grand Rapids is
$175 per person. Additionally, mileage, hotel and related costs will be incurred.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Certification of Derrick Smith and Jan Labrenz to be
the City’s officer and employee delegates at the MERS annual meeting in
Grand Rapids October 8 – 9.
D. Lakeshore Museum Loan Agreement (LaFrance Fire Truck) Public
Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the Lakeshore Museum Center Loan
Agreement relating to the 1923 American LaFrance Fire Truck with attached
equipment. Currently, the LaFrance is on display at the Fire House Museum (Clay
Avenue).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of this loan agreement.
E. Special Liquor License – Michigan Irish Music Festival Public Safety
SUMMARY OF REQUEST: To approve a Special Liquor License for the Michigan
Irish Music Festival to serve spirits on September 17 & 18, 2015 form 5PM – 11PM;
September 19, 2015 from 11AM – 11PM; and on September 20, 2015 from 12PM –
6PM at Heritage Landing for their Michigan Irish Music Festival event. They have
already submitted a Special Event Application. Each serving of spirits must be in
a pre-measured format or beverages packaged through authorized
manufacturer; no “free pour” is allowed. Their event is a four-day music and
cultural festival with food and merchandise vendors, Highland Games, dancing,
music stages and spirts tents.
FINANCIAL IMPACT: Any and all City services required will be reimbursed by
Michigan Irish Music Festival.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Director requests approval for Michigan Irish
Music Festival to serve spirits at their authorized event.
G. Sale of Boat Slip (A-08) at Harbour Towne Department of Public Works
SUMMARY OF REQUEST: Authorize staff to negotiate and execute an agreement
with Mr. and Mrs. Hall for the purchase of slip #A – 08 at Harbour Towne Marina.
FINANCIAL IMPACT: None at this time, the Hall’s made an offer of $35,000 to
purchase the slip.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to negotiate and execute a purchase
agreement with the Halls should staff feel the terms are favorable.
H. Public Safety Director Employment Agreement City Manager
REMOVED PER STAFF REQUEST
I. City Manager Employment Agreement City Manager
SUMMARY OF REQUEST: Approval of the Second Amendment to the
Employment Agreement with City Manager Frank Peterson.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Agreement with Frank Peterson and
authorize the City Clerk and Mayor to sign.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to accept the Consent Agenda as read with the exception of item F.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist.
Nays: None
MOTION PASSES
2015-60TEMS REMOVED FROM CONSENT AGENDA
F. MSI Property – “Agreement of Purchase and Sale” (PA) Planning and
Economic Development
SUMMARY OF REQUEST: One of the properties desired for the new market-rate
housing initiative is the MSI owned property across from the Nelson
Neighborhood Park. The property contains nine lots that can be developed for
market-rate housing. The agreed upon purchase price is $45,000.
FINANCIAL IMPACT: The City will pay the purchase price of $45,000, as well as
the Survey, City attorney fees, on-half of any escrow costs, the cost of recording
the Warranty Deed and any other cost of closing not required by the Seller in
the Purchase Agreement. These funds were budgeted as part of the Market-
Rate Housing Initiative Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the “Agreement of Purchase and Sale”
and authorize the Mayor’s signature, as well as authorize staff to proceed with
the environmental site assessment and closing on the property, signing the
necessary documents.
Motion by Vice Mayor Spataro, second by Rinsema-Sybenga approve the
“Agreement of Purchase and Sale” and authorize the Mayor’s signature, as well
as authorize staff to proceed with the environmental site assessment and closing
on the property, signing the necessary documents.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson.
Nays: None
MOTION PASSES
2015-61 UNFINISHED BUSINESS:
A. Section – 10-351 (F) (3) 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
Muskegon.
This ordinance amendment focuses on sub-section (F) (3) which would allow an
“Alternative Escrow Option”; in lieu of dwelling fire insurance. The sub-section
and associated bullet points (1-7) explain the escrow option for landlords who
cannot obtain insurance or opt not to acquire dwelling insurance to repair or
demolish a property after a catastrophic fire event.
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: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron.
Nays: None
MOTION PASSES
□ NEW BUSINESS:
A. Request for $9,000 from United Way for Day of Caring 2015 Department
of Public Works
SUMMARY OF REQUEST: Authorize staff to grant United Way’s request for $9,000
to purchase and plant landscaping along Seaway Drive as part of their 2015
Day of Caring.
Earlier this year, the City received over $9,000 from MDOT for a tree cutting
violation along Seaway in the City of Norton Shores and they passed that
money to us to do exactly what is being proposed by United Way.
FINANCIAL IMPACT: Grant United Way’s request for $9,000 from the major street
fund where the MDOT’s money was deposited.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to grant the request by United Way.
Motion by Commissioner Hood, second by Commissioner Johnson to authorize
staff to grant the request by United Way.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood.
Nays: None
MOTION PASSES
B. Change Order to add Fourth Street reconstruction to
Muskegon/Webster contract Engineering
SUMMARY OF REQUEST: Authorize staff to negotiate and execute a change
order with Jackson Merkey contractors adding the reconstruction of Fourth
Street between Houston & Muskegon to the Muskegon/Webster contract.
FINANCIAL IMPACT: Estimated cost for construction is $67,000
BUDGET ACTION REQUIRED: None, this project is in the current CIP budget.
STAFF RECOMMENDATION: Authorize staff to negotiate and execute a change
order with Jackson-Merkey contractors to add Fourth Street.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to approve authorize staff to negotiate and execute a change order with
Jackson-Merkey contractors to add Fourth Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro.
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:19 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
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