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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 11, 2016
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 11, 2016. Pastor
George Monroe, Evanston Avenue Baptist 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 J. Gawron, Commissioners Debra Warren, Willie
German, Jr., Dan Rinsema-Sybenga, Byron Turnquist, and Ken Johnson, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Vice Mayor Hood
2016-78 INTRODUCTIONS/PRESENTATION:
A. Diamond Sponsor Recognition
The City hosted a Farmer’s Market Fundraising dinner on Saturday, September
10, 2016 – the Diamond level sponsors of this event were recognized and
thanked by the Mayor and City Commission. Tom Lundholm of Scrib’s Pizza, Julie
Balgooyen of the Julie Balgooyen Agency, and Jim Gawron of Mid State Title
were all Diamond level sponsors.
Carrie Uthe presented information about a Medication Disposal event coming
up and the Medication Disposal Program in place.
2016-79 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 27, 2016
Regular City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
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B. Demolition Agreement Between City and Kirksey Investment
Corporation – 1133 W. Western Avenue Planning & Economic
Development
SUMMARY OF REQUEST: On August 23, 2016, the City Commission concurred
with the findings of the Housing Board of Appeals that the structure located at
1133 W. Western Avenue is unsafe, substandard, a public nuisance and that it
be demolished. The Commission allowed for time for City staff to work with the
property owner on an agreement for them to conduct the demolition process
themselves in a timely manner. An agreement has been reached requiring both
the demolition and the site restoration. The demolition is to be completed by
December 15, 2016, with restoration being completed by May 31, 2017.
Basement walls are to be removed to a minimum of 36 inches below grade and
the former basement is to be filled with clean sand, topped with black dirt, and
hydroseeded.
FINANCIAL IMPACT: Upon execution of the Agreement, Mr. Kirksey is to
deposit the sum of $75,000 with the City. If the demolition and restoration are
completed as specified, the funds will be returned to Mr. Kirksey. Otherwise, they
will be used by the City to complete the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Demolition Agreement and
authorize the Mayor and Clerk to sign.
D. LC Walker Arena Vision and Branding City Manager
SUMMARY OF REQUEST: The City’s recent decision to pursue a restaurant and
distillery to occupy a portion of the LC Walker Arena has led to inquiries from
numerous other businesses looking to create similar and compatible businesses
at the LC. Before moving forward to consider any of these requests, city staff is
asking to have a professional arena designer/developer help create a vision for
the arena. This visioning exercise will help us better understand current trends in
area usage and develop the best product for the community. Accordingly, staff
is seeking permission to enter into an agreement with Rossetti Architecture to
create a conceptual plan for the re-visioning of the LC Walker Arena.
FINANCIAL IMPACT: Not to exceed $10,000
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement with Rossetti and
authorize the City Manager to sign.
E. 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
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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.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the Consent Agenda as presented with the exception of Items C and F.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2016-80 ITEMS REMOVED FROM CONSENT AGENDA:
C. 3rd Amendment to Employment Agreement City Manager
SUMMARY OF REQUEST: To amend the City Manager’s Employment Agreement
with an effective date of October 1, 2016.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the amendment to the City
Manager’s Employment Agreement.
Motion by Mayor Gawron, second by Commissioner Warren, to approve the
amendment to the City Manager’s Employment Agreement.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Warren
Nays: None
MOTION PASSES
F. Heritage District Lighting Agreement Engineering
SUMMARY OF REQUEST: Over the past two years, staff has worked with
representatives from the Heritage District Association as well as property owners
in the Heritage District to accomplish the re-lighting of their decorative street
lights. We have negotiated an agreement that will allow for the lights to be
activated and eventually upgraded to LED fixtures.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
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STAFF RECOMMENDATION: To approve lighting agreement and
corresponding easement agreements as presented, and authorize the
reactivation of the Heritage District lights.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the lighting agreement and corresponding easement agreements as
presented and authorize the reactivation of the Heritage District lights.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
German
Nays: None
MOTION PASSES
2016-81 PUBLIC HEARINGS:
A. Create City Wide Special Assessment for Street Lights Treasurer
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the entire city and appoint two City Commissioners to the Board
of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment for all eligible
parcels for the entire city and assign two City Commissioners to the Board of
Assessors by adopting the resolution.
PUBLIC HEARING COMMENCED:
Public Participation: the following members of the public spoke regarding the
creating of the district for a special assessment for street lights.
In Opposition:
Joel Seyferth, 2335 Bluffton Roger Nielsen, 420 Carmen
(owns several properties)
Lyle Cater, 2035 Letart Susan Lyme, 3340 Millard
Earlene Noffsinger, 1168 W. Laketon Joanne Bromley, 17290 Woodland Ln
Shawn Tate, 287 McLaughlin William Anderson, 845 Catherine
Ratan Khatri, 1478 E. Ellis Road Peter Waltz, 39 Porter Road
(owns several properties)
Joshua Eldenbrady, 1336 Spring Jesus Pena, 1851 Walnut
Shirley Booker, 333 Oak Ave Michael Haueisen, 903 Turner
August Panici, 2137 Hudson
Ken Grant, City Treasurer, report that there was a 10.99% (1,578) opposition to
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date.
In Favor:
Bob Kuhn, 3080 W. Sherman Jen Sanocki, 1417 Lakeshore Dr.
The following did not specify in favor or opposition:
Robin Small, 2236 Dowd Harvey Hammond, 1191 Sanford
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and create the special assessment district for all
eligible parcels for the entire city and to assign two City Commissioners to the
Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, and Rinsema-Sybenga
Nays: German
MOTION PASSES
Commissioners Turnquist and Warren are appointed to the Board of Assessors.
2016-82 NEW BUSINESS:
A. Western Avenue Parking Lot- Agreement of Purchase & Sale between
the City of Muskegon and Core Financial Corporation City Manager
SUMMARY OF REQUEST: Harold Back of Core Financial Corporation, has offered
$300,000 to purchase the City’s Western Avenue Parking Lot between Fourth &
Fifth Streets. Core Financial will continue to use the property for public parking,
including commitments agreed to for Lumberjack parking, for a year. After that
time, the purchaser expects to develop the property. The property includes one
lot that is technically owned by the DDA. This lot will need approval to sell by the
DDA as well.
FINANCIAL IMPACT: The City will receive $300,000 as the purchase price for
the property. The proceeds are expected to go into the “Economic
Development Project Fund” (formerly “Sappi Economic Development Fund”).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement of Purchase & Sale
between the City of Muskegon and Core Financial Corporation and authorize
the Mayor and Clerk to sign all necessary documents, including closing
documents, at the time of the sale, on the condition the DDA approves the sale
of their lot as part of this transaction.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the Agreement of Purchase and Sale between the City of Muskegon
and Core Financial Corporation and authorize the Mayor and Clerk to sign all
necessary documents, including closing documents, at the time of the sale, on
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the condition the DDA approves the sale of their lot as part of this transaction.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: No comments were received by the public.
ADJOURNMENT: The City Commission adjourned at 7:43 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
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