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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 27, 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, October 27, 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, Rinsema-Sybenga, and German. City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Eric Hood
2015-77 AMEND THE AGENDA:
Motion to Amend the Agenda:
Motion by Vice Mayor Spataro, second by Commissioner Turnquist, to amend
the agenda to move the Public Hearing for confirmation of the special
assessment roll for street lighting to the top of the agenda due to public interest.
ROLL VOTE: Ayes: Johnson, Gawron, Spataro, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
INTRODUCTIONS/PRESENTATION:
A. Tribute to Richard Hunt – Mayor Gawron presented a Tribute of Richard
Hunt, to Judy Hayner, Title honoring Mr. Hunt for his art.
2015-78 PUBLIC HEARING:
B. Public Hearing – Confirmation of Special Assessment Roll – Street
Lighting City Treasurer
SUMMARY OF REQUEST: Confirm the Special Assessment Roll for Street Lighting.
FINANCIAL IMPACT: $506,870.00 per year – this figure is based on the initial tax
roll with 14,482 parcels.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Confirm the Roll for Special Assessment, establish the
amount to levy on all eligible properties for 5 years, and approve the resolution.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
amend the amount of the assessment from $35 per year to $26 per year.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
Motion by Commissioner German, second by Vice Mayor Spataro, to open the
public hearing for confirmation of the special assessment roll for street lighting.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Public Participation: the following members of the public spoke regarding the
confirmation of the special assessment roll for street lighting.
Garland Kilgore, III – spoke in favor, wife, however, is in opposition,
1043 Francis
Toni Gurn, Lakeshore Drive Apartments – not opposed but individual
owners should not be taxed for multi-unit
The following spoke in opposition:
Pat Caradine, 1397 E Isabella Thomas Spaniola, 3345 Thompson Ave
Eunice Beck, 1471 5th Street Colby Beckstrom, 1860 Walnut
Michael & Mary Thompson, 1309 Ada
Jesus R. Pena, 1857 Walnut Roy McDonald, 1322 Wesley
Jerome Franklin, 373 E. Holbrook Amecia Kilgore, 933 Kampenga
Howard Collins, 450 W. Grand August Panuzi, 2137 Hudson
Paul Simons, 1485 Randolph Robert Calkins, 1322 Leonard
Tiffany Harper, 993 Michigan Female, 1780 Duchess Ct – owns several
properties
Jim Hoosier, 1240 W. Forest Robert Skants, 990 W. Hackley
David Scouten, 1468 W. Harbour Towne Circle
David Runk, resides in Norton Shores has slip at Harbour Towne Marina
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
close the Public Hearing.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, and Gawron
Nays: Johnson
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
table the issue so that it may be considered by the full Commission.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
Nays: Turnquist, Johnson, and German
MOTION FAILS
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
confirm the special assessment roll for street lighting.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
Nays: German, Turnquist, and Johnson
MOTION FAILS
2015-79 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the October 12, 2015
Worksession Meeting and the October 13, 2015 City Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Adopt the Muskegon Parking Strategy as Part of the Master
Land Use Plan Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to adopt the recently completed
Parking Strategy as part of the Master Land Use Plan. The strategy was
developed in partnership with private consultants as a guide for future parking
policies as downtown continues to be developed.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the Parking Strategy as part of the Master
Land Use Plan.
D. West Michigan Metropolitan Transportation Planning Program
(WestPlan) Dues FY2015 (October 1, 2015 – September 30, 2016) City
Manager
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues, payable to West Michigan Shoreline Regional Development
Commission. The agency determines projects and distributes federal
transportation funds.
FINANCIAL IMPACT: $16,040.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
E. Sale of Boat Slip (A-08) at Harbour Towne Department of Public Works
SUMMARY OF REQUEST:
1. Vacate previous authorization from August 25, 2015 for staff to
negotiate and execute an agreement with Mr. and Mrs. Hall for the
purchase of slip # A-08 at Harbour Towne Marina.
2. Authorize the Mayor and Clerk to sign the purchase agreement for the
sale of the same slip to the Meyers as per the attached purchase
agreement for $28,000 plus all associated costs of the sale.
The Halls have withdrawn their offer and elected to buy a different slip at
Harbour Towne.
FINANCIAL IMPACT: The sale price of $28,000 plus associated costs which will
be used to settle the city’s obligations regarding this slip.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Vacate the action taken on the 25th of August 2015
regarding this matter and authorize the Mayor and Clerk to execute the
purchase agreement with the Meyers.
F. Marsh Field Management Agreement Department of Public Works
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to execute the
“Marsh Field Baseball Facility Management Agreement” with the Muskegon
Clippers Baseball Club (MCBC). Furthermore, if approved, authorize staff to issue
the previously approved contribution to this new group rather than to Lakeshore
Baseball Club.
FINANCIAL IMPACT: The Muskegon Clippers Baseball Club (MCBC) will
continue to expand the operations of this facility and will invest in improvements
to the facility.
BUDGET ACTION REQUIRED: None. The contract continues to offer savings in
maintenance costs for the City and creates opportunities for capital
improvements by MCBC that the City is unable to accomplish at this time.
STAFF RECOMMENDATION: Approve the request.
Motion by Vice Mayor Spataro, second by Commissioner German, to approve
the consent agenda as read, with the exception of item C.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2015-80 ITEMS REMOVED FROM CONSENT AGENDA:
C. Asbestos Survey Bids – MSHDA Land Bank Grant Planning & Economic
Development
SUMMARY OF REQUEST: A requirement of the MSHDA Land Bank Grant for
demolitions is that we have asbestos surveys done for all properties included. To
save time, we put out a request for bids for a firm to do the asbestos surveys for
all the properties (33 properties originally included in the grant…some of those
will be changing due to property owners moving forward with demolitions
themselves, allowing us to add new properties in for demolition). The bids were
received October 20, 2015. Once the surveys are complete, bids will be
obtained for the asbestos abatement and demolition of the properties.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Environmental Testing and Consulting,
Inc. as the firm to complete the asbestos surveys for all the properties included in
the MSHDA Land Bank demolition grant and authorize staff to sign any
necessary documents.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to approve
Environmental Testing and Consulting, Inc. as the firm to complete the asbestos
surveys for all the properties included in the MSHDA Land Bank demolition grant
and authorize staff to sign any necessary documents.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2015-81 PUBLIC HEARINGS:
A. Public Hearing – Request for the Establishment of an Industrial
Development District at 1690 Creston Street Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Production Fabricators, Inc. has requested to establish an Industrial
Development District at 1690 Creston Street. The company is in the process of
purchasing the property from the City and will eventually be expanding their
business on site. The establishment of the district will allow the company to
become eligible for Industrial Facilities Tax Abatements (IFTs).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the establishment of the Industrial
Development District.
Public hearing was opened to receive comments from the public.
No comments were received.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to close the
public hearing and approve the establishment of the Industrial Development
District.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2015-82 CLOSED SESSION:
B. To Discuss Pending Litigation
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
go into closed session to discuss pending litigation.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
come out of closed session and to settle the suit as discussed, consistent with the
city attorney’s recommendation.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:34 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
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