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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 25, 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 25, 2016. Pastor
Wally Reames, Central Assembly of God 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, Vice Mayor Eric Hood Commissioners 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: Commissioner Debra Warren
HONORS AND AWARDS:
A. Resolution Recognizing Adopt-A-Lot Sponsors in Nelson Neighborhood
The Mayor issued resolutions of recognition commending local organizations
and citizens that are creating a spirit of community and commitment to
neighborhoods through the Adopt-A-Lot Program.
2016-83 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the October 10, 2016
Worksession Meeting and the October 11, 2016 Regular City Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Permanent Traffic Control Order – Remove Traffic Signal at Clay Avenue
and 3rd Street and Install permanent “Stop” signs at Clay Avenue, per
Control order #29-(2016). Department of Public Works
SUMMARY OF REQUEST: Authorize removal of traffic signal at Clay Avenue and
3rd Street and install permanent “Stop” signs at Clay Avenue, per Traffic Control
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Order #29-(2016).
FINANCIAL IMPACT: Cost of removing Traffic Signal, installing signs/posts, if
approved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW to have contractor remove Traffic
Signal at Clay Avenue and 3rd Street and staff install “Stop” signs at Clay
Avenue, per Traffic Control Order #29-(2016).
D. Permanent Traffic Control Order – Remove Traffic Signal and Install
permanent “Stop” Signs at Muskegon Avenue and 1st Street, per Traffic
Control order #30-(2016). Department of Public Works
SUMMARY OF REQUEST: Authorize removal of Traffic Signal and installation of
permanent “Stop” signs at Muskegon Avenue and 1st Street/Apple Avenue, per
Traffic Control Order #30-(2016).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Install Permanent Stop Signs on Muskegon
Avenue at First Street per Traffic Control Oder #30-(2016).
I. Request to Add Parcels to the City’s Existing Groundwater Ordinance
Planning & Economic Development
SUMMARY OF REQUEST: The Commission previously approved the parcels to be
added to the groundwater ordinance regarding the former Mobil Oil Pipeline –
Sisson Avenue at McCracken Street on August 23, 2016 (Ordinance 2355).
However, the applicant listed the wrong parcels on the application, but they did
mail notices to the correct addresses. Staff is requesting to repeal Ordinance
2355 and replace it with a new ordinance with the correct parcels listed.
The ordinance prohibits the use of groundwater wells and secondary water
supplies under certain circumstances and in certain locations, to prevent
exposure to contaminated groundwater, as well as to prevent wells from
influencing the movement of contaminated water. Notice was sent to the
affected addresses prior to this meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the ordinance amendment to add
the additional 52 parcels.
J. Quit Claim Five (5) Residential Properties to the Muskegon County Land
Bank Authority for Demolition Through the Hardest Hit 2 Funds Blight
Grant Planning & Economic Development
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SUMMARY OF REQUEST: Request to Quit Claim five (5) City of Muskegon
residential properties:
430 Allen Avenue, 333 Catherine Avenue, 325 Iona Avenue,
139 Myrtle Avenue, and 862 Stevens
To the Muskegon County Land Bank Authority, to be demolished using “Hardest
Hit 2” funds from the Michigan State Housing Development Authority (MSHDA).
The City obtained these properties through the property tax foreclosure process
at the end of 2015 with the intent to demolish them. The City did not pay for any
of these properties to obtain ownership.
FINANCIAL IMPACT: By deeding these to the Muskegon County Land Bank
Authority, the City will not incur the demolition fees to demolish each of these
structures (estimated at $70,000 plus).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request and have the Mayor and
City Clerk sign the Quit Claim Deed to the Muskegon County Land Bank
Authority.
K. West Michigan Metropolitan Transportation Planning Program
(WestPlan) Dues FY 2016 (October 1, 2016 – September 30, 2017) City
Manager
SUMMARY OF REQUEST: Authorize staff to pay the City of Muskegon’s portion of
the WestPlan dues annually at a cost not to exceed $20,000 annually payable
to West Michigan Shoreline Regional Development Commission: projects and
distribution of federal transportation funds.
FINANCIAL IMPACT: Not to exceed $20,000 per year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
Consent Agenda as presented with the exception of Items B, E, F, G, AND H.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2016-84 ITEMS REMOVED FROM THE CONSENT AGENDA
B. Permanent Traffic Control Order – Remove Traffic Signal and Install
permanent “Stop” signs at Western Avenue and 4th Street, per Traffic
Control order #28-(2016). Department of Public Works
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SUMMARY OF REQUEST: Authorize removal of traffic signal and installation
of permanent “Stop” signs at Western Avenue and 4th Streets, per Traffic Control
Order #28-(2016).
FINANCIAL IMPACT: Cost of removing Traffic Signal, installing signs/posts, if
approved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW to have contractor remove Traffic
Signal and staff install “Stop” signs at Western Avenue and 4th Street, per Traffic
Control Order #28-(2016).
Motion by Commissioner Turnquist, second by Commissioner Johnson, to
authorize DPW to have contractor remove traffic signal and staff to install “Stop”
signs at Western Avenue and 4th Street, per Traffic Control Order #28-(2016).
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, and Hood
Nays: Turnquist
MOTION PASSES
E. Removal of Street Lights on Ottawa Avenue Department of Public
Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumer’s Energy to remove 27 street lights on Ottawa Street from Hall Street
to Richards Park for an estimated cost of $9,500.
The estimated annual savings to the City is over $3,900 for an estimated
payback of less than 2.5 years.
FINANCIAL IMPACT: $9,500 from the Street Light cost center
BUDGET ACTION REQUIRED: Adjustment to the Street Light cost center when
preparing the 1st quarter reforecast.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with
Consumer’s Energy to remove 27 mid-block street lights on Ottawa Street
between Hall & Richards Park.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to
authorize staff to enter into an agreement with Consumer’s Energy to remove 27
mid-block street lights on Ottawa Street between Hall & Richard’s Park.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
F. Police Cruisers Department of Public Works/Equipment
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SUMMARY OF REQUEST: Authorize staff to purchase three Chevy Caprice
Cruisers from Berger Chevrolet, the Mi-Deal State contract holder for a price of
$27,109.00 each. These will replace the three oldest cruisers currently in use.
FINANCIAL IMPACT: $81,327.00 or $27,109.00 each.
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase three Chevy Caprice
Cruisers from Berger Chevrolet.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to purchase 3 Chevy Caprice Cruisers from Berger Chevrolet.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
German
Nays: None
MOTION PASSES
G. Amendment to the Zoning Ordinance Planning & Economic
Development
SUMMARY OF REQUEST: Request to amend the zoning ordinance to require
“private clubs, lodge halls, social & similar organizations” to obtain a special
land use permit instead of allowing them as a use by right in B-2, Convenience &
Comparison Business districts.
FINANCIAL IMPACT: None
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 October meeting.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve the zoning ordinance amendment.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
table this agenda item.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
H. Authorize Muskegon County to Adopt and Enforce a Storm Water
Runoff and Post-Construction Ordinance Planning & Economic
Development
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SUMMARY OF REQUEST: Staff is requesting the approval of the resolution that will
allow Muskegon County to administer and enforce a Storm Water Runoff and
Post-Construction Ordinance on behalf of the City of Muskegon. This ordinance
will require a landowner to obtain a Storm Water Permit from the County Drain
Commissioners office before commencement of a project that includes any of
the following:
1) requires Planning Commission approval
2) creates more than 10,000 square feet of impervious surface
3) disturbs, changes, disrupts, more than 10,000 square feet of existing
impervious surface
4) disturbs more than one acre of land
5) is within 500 feet of the water’s edge of a drainage course, wetland, lake or
stream
The application for a Storm Water Permit is $600 and will be approved or denied
within 30 days, however, most reviews can be completed within one to two
weeks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the ordinance.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to approve the ordinance.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2016-85 PUBLIC HEARINGS:
A. BID Special Assessment – Resolution Confirming Special Assessment
Roll Planning & Economic Development
SUMMARY OF REQUEST: The City Commission approved the creation of a BID
special assessment district at the September 27, 2016 meeting and the Special
Assessment Roll is now ready to be confirmed. The assessments will go towards
various downtown expenditures, including snow removal on sidewalks, spring/fall
clean up and landscaping, holiday decorating, banners & directional signs,
marketing/advertising and art. The BID assessment includes both a “Class A”
and “Class B” district.
FINANCIAL IMPACT: The total estimated cost of services within the BID is
$150,000 of which approximate 75% ($111,924) will be paid by the special
assessment to property owners, with the remaining amount to come from the
existing BID fund.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution approving the
confirmation of the special assessment roll and authorize the Mayor and Clerk to
sign.
PUBLIC HEARING COMMENCED:
Public Participation: Bill Noordyk, 103 W. Clay, spoke in opposition of the
confirmation of the special assessment roll for street lighting.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing and approve the resolution approving the
confirmation of the special assessment roll and authorize the Mayor and Clerk to
sign.
ROLL VOTE: Ayes: Hood, Rinsema-Sybenga, Turnquist, Johnson, Gawron
Nays: German
MOTION PASSES
B. Confirmation of Special Assessment Roll – Street Lighting Treasurer
SUMMARY OF REQUEST: Confirm the special assessment roll – street lighting.
FINANCIAL IMPACT: Total collections over 10 years projected to be
$2,706,860.00 based on 14,360 eligible parcels.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Confirm the roll for special assessment and to
establish the amount to levy on all eligible properties for 10 years and approve
the resolution.
PUBLIC HEARING COMMENCED:
Public Participation: the following members of the public spoke regarding
the confirmation of the roll for a street light assessment.
In opposition:
August Panici, 2137 Hudson David Walthey – 1724 Beidler
1720 Beidler – 640 Catawba
Duane Little, 1076 Ambrosia Tom Weatherby, 1747 Edgewater
Jack Page, 1853 Cherry Michael Howeisen, 903 Turner
Marietta Barrett, 1366 Creston Easter Young, 321 Merrill
Dennis Mayer, 1687 E. Harbour Towne & 3545 Marina View Pointe
Hannah Lewis, 885 Marquette Sena Parks, 307 Ottawa
Ann Craig, 1387 & 1388 6 th Street Mancela Jimenez, 751 Washington
In Favor:
Larry Spataro, 1567 6th Street
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Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and confirm the roll for special assessment and to
establish the amount to levy on all eligible properties for 10 years and approve
the resolution.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood
Nays: German
MOTION PASSES
2016-86 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
2152 S. Getty Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure is unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder or staff may issue infraction tickets to the
owner, agent or responsible party if they do not demolish the structure.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
concur with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
B. City and Consumer’s Energy Contract for Street Lights Upgrade to LED
Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumer’s Energy to start the process of engineering and upgrading the City’s
street lights to LED at an estimated cost of over 2.7 million dollars with an initial
payment of $270,000 to start the process.
FINANCIAL IMPACT: 2.7 million
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BUDGET ACTION REQUIRED: None at this time, however, future budgets will
reflect this additional expense.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with
Consumer’s Energy to start the engineering/upgrades of all Consumer’s owned
street lights into LED.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
authorize staff to enter into an agreement with Consumer’s Energy to start the
engineering/upgrades of all consumer owned street lights into LED.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood
Nays: German
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 8:37 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
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