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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 27, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
A. Tribute to Richard Hunt
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Request to Adopt the Muskegon Parking Strategy as Part of the Master
Land Use Plan Planning & Economic Development
C. Asbestos Survey Bids – MSHDA Land Bank Grant Planning & Economic
Development
D. West Michigan Metropolitan Transportation Planning Program
(WestPlan) Dues FY2015 (October 1, 2015 – September 30, 2016) City
Manager
E. Sale of Boat Slip (A-08) at Harbour Towne DPW
F. Marsh Field Management Agreement DPW
□ PUBLIC HEARINGS:
A. Public Hearing – Request for the Establishment of an Industrial
Development District at 1690 Creston Street Planning & Economic
Development
B. Public Hearing – Confirmation of Special Assessment Roll – Street
Lighting City Treasurer
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
A. To Discuss Pending Litigation
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: October 27, 2015
There are a number of important items on the agenda this week. Accordingly, I thought you
could use a little background on as you prepare for our meeting.
1. Under the consent agenda, we are asking the Commission to for approval of the following:
a. Last meeting’s minutes.
b. Adoption of the downtown parking strategy. This is being recommended for
approval by both the Planning Commission and planning staff, as well as Downtown
Muskegon Now.
c. Approval of the lowest responsible bid to conduct asbestos surveys on the homes
that will be demolished with the $250,000 MSHDA Grant we received earlier this
year. This is a requirement of the grant.
d. Approval of the 2015-16 dues for West Plan.
e. Approval of the sale of a City-owned boat slip at Harbour Towne. The proceeds from
the sale will be dedicated to the Marina Fund.
f. Approval of the Marsh Field Baseball Facility Management Agreement with the
Muskegon Clippers Baseball Club. The Lakeshore Baseball Club held the initial
contract with the City and now through a reorganization of its members will be called
the Muskegon Clippers Baseball Club (MCBC).
2. Public Hearings:
a. We are seeking to establish an industrial development district at 1690 Creston to
facilitate the owner’s desire to expand his business into the City of Muskegon.
b. Streetlight Assessment - $35 per parcel. This public hearing is to consider
confirmation of the tax roll.
If there are questions on any agenda items, please try to let staff know in advance, and we will
be sure to have the appropriate data/research available at the meeting.
TRIBUTE TO RICHARD HUNT
WHEREAS, Richard Hunt, Chicago-born artist who in the early 1960s discovered his voice and
vision as a public sculptor; and
WHEREAS, while holding the title as the youngest artist to exhibit at the 1962 Seattle World's
Fair, Richard Hunt continued to make history by becoming the first African-American artist to
have a major solo exhibition at the Museum of Modern Art in New York in 1971; and
WHEREAS, Mr. Hunt is recognized as having completed more public art sculptures than any
other artist in the country today with art displayed from Illinois to the Martin Luther King, Jr.
Memorial in Memphis, Tennessee, to Washington D. C., Georgia, New York, North Carolina,
and beyond; and
WHEREAS, Richard Hunt established a studio in Benton Harbor in 1995 and making Michigan
his second home, Mr. Hunt is being recognized for his commitment to that community and to
Michigan; and
WHEREAS, having been acclaimed for his significant works in St. Joseph, Michigan and the
Frederik Meijer Gardens in Grand Rapids, as well as works within the permanent collection of
the Muskegon Museum of Art and those placed around the country, Mr. Hunt was commissioned
by the Community Foundation for Muskegon County to create a signature sculpture for the
center of downtown Muskegon; and
WHEREAS, determined to give honor to Muskegon as a reemerging and thriving city that would
“enrich the soul of an individual and of an entire community”; and
WHEREAS, in 2008, Mr. Hunt created Muskegon, Together Rising, a powerful 60-foot
sculpture of stainless steel, muscular and vigorous, stalwart and mighty, its symbolic torch held
high-an emblem of hope, enlightenment, and regeneration, its textured surface of polished steel
suggesting a gentle breeze across familiar waters; and
WHEREAS, this sculpture has contributed to the rebirth of Muskegon as the heart of this
community;
NOW Therefore Be It Resolved that a grateful City honors Richard Hunt for his art and for his
significant and remarkable contribution to the resurgence of our community and our civic pride
and determination to become, indeed, Muskegon, a community, together, rising.
Dated this 27th day of October 2015.
________________________________
Stephen J. Gawron, Mayor
City of Muskegon
Date: October 20, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the October 12,
2015 Worksession Meeting and October 13, 2015 City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
October 12, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-70
Present: Commissioners German, Hood, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and
Spataro.
Absent: None.
Industrial Facilities Tax Abatement – 441 W. Western.
Pigeon Hill Brewing Company, LLC, has requested to establish an Industrial Development
District at 441 Western Avenue.
Mike Franzak, Zoning Administrator, gave an overview. The State contacted Pigeon Hill and
the City indicating other forms are required to be filled out. The project has already commenced.
The State is aware of this and will manage the paperwork and forward a response once the
resolution is adopted.
This items will be on the October 13, 2015 Commission Meeting for consideration by the
Commission.
Create City Wide Special Assessment for Street Lights.
A public hearing will be held by the Commission on October 13, 2015 to consider creating a
special assessment district for streetlights that encompasses the entire city.
Commissioner Johnson indicated he would not support the special assessment unless the amount
being asked per parcel is $26 instead of the $35 per year for five years that is currently being
asked. Commissioner Johnson indicated the July 1st budget indicates the Commission would be
asking for a special assessment to cover 50% of the lighting cost. The $35 per parcel would
generate 80% of the cost of electricity. Commissioner Johnson did indicate he would vote in
favor of the assessment if the $9 was spent towards making the community more energy
efficient.
Commissioners indicated the wording of the letter sent to parcel owners is confusing. Staff
agreed and will change the wording to better reflect the intent in the future.
Mayor Gawron and Vice Mayor Spataro both indicated they are in favor of the special
assessment citing the rise in costs.
Any Other Business
City Manager Peterson indicated he did an interview with WZZM about the speed limit on
Marquette Avenue.
Commissioner Johnson asked how MCI’s are currently being handled by Safebuilt.
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 7:34 p.m.
MOTION PASSES
____________________________
Ann Marie Meisch, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 13, 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 13, 2015.
Pastor Tim Cross, Living Word 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 Hood, Rinsema-Sybenga, Turnquist, and Johnson, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Willie German, Jr.
2015-71 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 creating a city wide special assessment
district for Street Lights the top of the agenda due to public interest.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Public Hearing – 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.
Frank Peterson, City Manager, presented information regarding the city wide
special assessment for street lights.
Public Hearing was opened to receive comments from the public.
Public Participation: The following members of the public spoke in opposition of
the creation of the district for a special assessment for street lights.
Barbara Barkel, 1386 Nelson Ann DeRouin, 1391 W. Laketon
Easter Young, 321 Merrill Carolyn Mulder, 1174 Creekview
Patricia Simpson, 1172 Francis David Harris, 1790 Sundolphin
Roger Nielsen, 420 Carmen Susan Line, 3340 Millard
Janet Thomas, 297 W. Clay #104 Allan D. Muedzia, 1306 Howard
David BonFoey, 2463 Greenwood Charles Lund, 1084 Maple
Jeff Vorgais, 2511 Greenwood Joshua Eldenbrady, 1336 Spring
Jesus R. Pena, 1851 Walnut Nancy Hulka, 3120 Country Club
Howard Collins, 450 W. Grand Bill Wright, 452 W. Webster
Richard Pasarela, 2541 Fountain Charlotte Forward, 1317 Howard
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
close the Public Hearing.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood.
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
create the special assessment district for all eligible parcels in the City of
Muskegon and to appoint two City Commissioners to the Board of Assessors by
adopting the resolution.
Discussion regarding the establishment of a special assessment district for street
lights continued among the commission.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Gawron, Hood, and Spataro
Nays: Johnson
MOTION PASSES
Commissioner Hood and Commissioner Turnquist are appointed to the Board of
Assessors.
2015-72 CONSENT AGENDA
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the September 22, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fiber Technologies Networks, LLC – METRO Act Permit Engineering
SUMMARY OF REQUEST: Approve the request for a permit from Fiber
Technologies Networks, LLC to access and use the public right-of-way within the
city. The purpose of the access is to construct a fiber optic network extension
that will service certain properties in the city. The expansion will affect the
following areas:
1. Parts of Henry Street between Sherman and Hackley
2. Parts of Roberts Street between Sherman and Keating
3. Parts of Creston Street between Laketon and Apple
4. Parts of Apple between Creston and US 31
5. Parts of Harvey Street
6. Parts of Keating Avenue
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the permit for those properties in the City of
Muskegon only, and sign the documents.
D. Contribution to (LBC) Lakeshore Baseball Club Engineering
SUMMARY OF REQUEST: Authorize a $23,256 contribution to LBC to fund the
necessary upgrades to the bleachers at Marsh Field.
FINANCIAL IMPACT: Staff negotiated a 90% contribution ($23,256) toward the
cost of repairs with LBC paying the other 10%
BUDGET ACTION REQUIRED: If approved, staff will add to the upcoming budget
forecast.
STAFF RECOMMENDATION: Approve the contribution to LBC.
F. Approval of a Neighborhood Enterprise Zone Certificate-314 Terrace Point
Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Terrace Point Landing, LLC for the new
construction of a home at 314 Terrace Point Circle. The property is located in a
Neighborhood Enterprise Zone for new construction. This unit has already been
built and is being used as the model for sales. The State Tax Commission allows
applicants to apply for an NEZ up to six months after construction
commencement if the local unit of government is willing to approve. The
application states that the estimated cost for the construction was $273,492. The
applicant has met local and state requirements for the issuance of the NEZ
certificate. Approval or denial by the City Commission is required within 60 days
of the application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the NEZ certificate.
G. Approval of a Neighborhood Enterprise Zone Certificate-349 Terrace Point
Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Orville and Susan Crain for the new
construction of a home at 349 Terrace Point Circle. The property is located in a
Neighborhood Enterprise Zone for new construction. The application states that
the estimated cost for construction will be $513,688. This unit is currently under
construction. The State Tax Commission allows applicants to apply for an NEZ up
to six months after construction commencement if the local unit of government
is willing to approve. The applicant has met local and state requirements for the
issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the NEZ certificate.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
approve the consent agenda as read, with the exception of items C, E, and H.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2015-73 ITEMS REMOVED FROM THE CONSENT AGENDA
C. Lakeshore Trail – Exchange of Property Between the Muskegon
Community College (MCC) and the City Planning & Economic
Development
SUMMARY OF REQUEST: MCC has purchased the former YMCA property in
Muskegon. As the title company was in the process of preparing their title
commitment, it was found that a piece of property purchased by the City in
November 1998 for the Lakeshore Trail was actually never used for the trail.
However, a similar sized property in the same area was used for this small portion
of the trail and was actually YMCA property. The Quit Claim Deeds will deed
from MCC to the City the property where the Lakeshore Trail was actually built
and will deed from the City to MCC the property purchased by the City but
never built on.
FINANCIAL IMPACT: MCC will pay for the necessary costs to close on the
property transactions.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale of property to MCC from the
City, to accept the property from MCC to the City, and authorize necessary staff
signatures.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the Safebuilt Collections Contract amendment.
Commissioner Rinsema-Sybenga disclosed that he is employed by Muskegon
Community College but that there is no conflict of interest in this matter.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
E. Transfers to Engineering, Major and Local Streets Funds Finance
SUMMARY OF REQUEST: During the close out of fiscal year 2014-15 and based on
the financial results for the fiscal year ended June 30, 2015, staff transferred
$75,000 from the general fund to the engineering services fund to eliminate a
fund balance deficit in that fund. In addition, staff transferred $500,000 from the
general fund to the major streets fund to be used to assist with the costs of
reconstructing Muskegon and Webster and $300,000 to support the local streets
fund. The possibility of transferring funds was discussed during the City
Commission work session meeting held on June 8, 2015
FINANCIAL IMPACT: $75,000 from the general fund to the engineering services
fund, $500,000 from the general fund to the major streets fund, and $300,000
from the general fund to the local streets fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Formal approval of the transfers from the general
fund to the engineering services fund, major streets fund, and local streets fund,
effective June 30, 2015.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to approve the transfers from the general fund to the engineering services fund,
major streets fund, and local streets fund, effective June 30, 2015.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
H. Safebuilt Collection Contract (amendment proposal) Director of Public
Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and consider approving an amendment to the professional
services contract with Safebuilt. The agreement is being amended to
accommodate the collections of the issued municipal civil infractions (MCI) that
have gone unresolved.
Safebuilt issues the MCI in cases in which a verbal and/or written warning has
not encouraged compliance with the noted ordinance violation. Safebuilt
advised that many recipients of the MCI are neither contacting them nor
complying with the issued MCI citation.
2015 MCI’s issued that are not resolved within thirty (30) days after issuance will
be forwarded to a local collection agency. The proposed amendment
addresses the administrative fee Safebuilt will receive as it relates to amounts
collected and disbursed.
FINANCIAL IMPACT: Collected fees from Paramount will be received and
disbursed per the amended contract.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of this action to amend.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to approve the amendment to the Safebuilt Collection Contract.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2015-74 PUBLIC HEARINGS:
A. Public Hearing – Request for the establishment of an Industrial
Development District at 441 W. Western Avenue Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public 198 of 1974, as amended, Pigeon Hill
Brewing Company, LLC, has requested to establish an Industrial Development
District at 441 W. Western Avenue. 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.
Joel Kamp of 3823 Harbor Breeze Drive, Norton Shores, owner of Pigeon Hill and
Lora Swenson of 1184 7th Street, Muskegon, spoke on this issue.
Motion by Vice-Mayor Spataro, second by Commissioner Johnson to close the
public hearing and establish the Industrial Development District at 441 W.
Western Avenue.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
B. Public Hearing – Request for an Industrial Facilities Exemption
Certificate – Pigeon Hill Brewing Company, LLC Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Pigeon
Hill Brewing Company, LLC, has requested issuance of an Industrial Facilities Tax
Exemption Certificate. The company will be investing $193,700 in real property.
The investment is expected to create up to 20 jobs. This qualifies them for a tax
abatement of 12 years on real property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting a Facilities
Exemption Certificate for a term of 12 years for real property.
Public Hearing was opened to receive comments from the public.
No comments were received.
Motion by Commissioner Johnson, second by Commissioner Turnquist to close
the public hearing and issue the Industrial Facilities Tax Exemption Certificate to
Pigeon Hill Brewing Company, LLC
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
2015-75 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following Public Safety
SUMMARY OF REQUEST: This is a request that the City Commission concur with
the findings of the Housing Board of Appeals that the following structures are
unsafe, substandard, public nuisances, and that they 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 structures 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: CDBG or General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
357 Mason
229 E. Grand
236 Washington – garage only
725 Ellifson
597 W. Muskegon – garage only
733 Marcoux
1445 Park
1451 Park
Motion by Vice-Mayor Spataro, second by Commissioner Turnquist to concur
with the Housing Board of Appeals notice and order to demolish 357 Mason, 229
E Grand, 225 Ellifson, 597 W. Muskegon (garage only), 733 Marcoux, and 1445
Park Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Hood, to concur with
the Housing Board of Appeals notice and order to demolish 236 Washington –
garage only.
Joel Ortiz addressed the City Commission regarding this property. He explained
that he has a contractor scheduled to complete repairs to the roof on the
garage.
Motion by Commissioner Johnson, second by Commissioner Hood, to table this
matter until the November 10, 2015 Commission Meeting.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
Antwan Bruce, 1520 6th Street, owner of 1451 Park Street spoke. Lance Walker,
1536 Park Street, father of the owner of 1451 Park Street, assured the City
Commission that the issues with the structure would be taken care of and he
had the financing to do so.
Motion by Vice-Mayor Spataro, second by Commissioner Johnson to take the
recommendation of the Housing Board of Appeals to demolish 1451 Park Street
back to the Housing Board of Appeals for reconsideration and resolution.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood.
Nays: None
MOTION PASSES
2015-76 ANY OTHER BUSINESS:
Local Officers Compensation Commission
The Local Officers Compensation Commission met on October 1, 2015 to review
and discuss the compensation of our elected officers. The commission
recommended an increase of $300 for the Mayor and $200 for Commissioners.
Motion by Vice-Mayor Spataro, second by Commissioner Johnson, to decline
the increase recommended by the Local Officers Compensation Commission.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
Commission Meeting Date: October 27, 2015
Date: October 22, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to Adopt the Muskegon Parking Strategy as Part of the
Master Land Use Plan
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.
COMMITTEE RECOMMENDATION:
The Planning Commission voted unanimously to recommend adoption as part of the Master
Land Use Plan at their October 15 meeting.
You can view the Parking Strategy at www.muskegon-mi.gov/downtown-parking-strategy-
final-draft/
10/22/2015
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION ADOPTING THE PARKING STRATEGY AS PART OF THE MASTER LAND USE PLAN
WHEREAS, the City of Muskegon, with assistance by private consultants, has developed the City of
Muskegon Parking Strategy; and
WHEREAS, the preparation of this plan involved extensive involvement by the public, including private citizens,
businesses, property owners, representatives of adjacent governmental units, neighborhood
organizations and many other interested groups and organizations; and
WHEREAS, on July 28, 2015, the Muskegon City Planning Commission, in accord with Section 41 of the
Michigan Zoning Enabling Act Public Acts of Michigan, No.33 of 2008, submitted the proposed strategy
to the Muskegon City Commission and the City Commission approved the document for distribution for
comment to various neighboring jurisdictions; and
WHEREAS, the plan was so distributed for public comment for a period of not less than 42 days and no
comments were received; and
WHEREAS, the Muskegon City Planning Commission held a public hearing regarding this strategy on October
15, 2015, and took public comment; and
WHEREAS, due notice had been given of said hearing; and
WHEREAS, the Muskegon City Planning Commission adopted the plan after closing the public hearing in
accordance with Michigan Zoning Enabling Act Public Acts of Michigan, No.33 of 2008.
NOW, THEREFORE, BE IT RESOLVED that the Muskegon City Commission adopts the City of
Muskegon Parking Strategy as part of the City of Muskegon Master Land Use Plan as
recommended by the City of Muskegon Planning Commission.
Adopted this 27th Day of October 2015.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
10/22/15
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on October 27, 2015.
______________________________
Ann Meisch
Clerk
10/22/15
Commission Meeting Date: October 27, 2015
Date: October 21, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Asbestos Survey Bids- MSHDA Land Bank Grant
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: The low bidder is Environmental Testing and
Consulting, Inc. (see attached bid tabulations). The grant will cover the
cost of asbestos surveys.
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.
Average
Business name Location Service Price Per Sample
Pre-Demolition
Environmental Testing and 38900 W. Huron River Dr., Romulus, Hazardous Material /
Consulting, Inc. MI 48174 ACM Survey Service $425 (up to 22 samples) $ 17.00
Professional Service 1316 Front Ave. NW Ste. 117, Grand Base Survey Cost- $365 (including 20
Industries, Inc. Rapids, MI 49504 residential single family samples) $ 18.25
Base Survey Cost - $500 (including 20
Residential 2-4 units. samples) $ 25.00
660 Cascade West Parkway SE Ste. Asbestos Inspection & $425 (15 samples/30
ASTI ENVIRONMENTAL 210, Grand Rapids, MI 49546 Report per house. layers) $ 28.33
AGENDA ITEM NO. ___________
CITY COMMISSION MEETING October 27, 2015
TO: Honorable Mayor and City Commissioners
FROM: Franklin J. Peterson, City Manager
DATE: October 7, 2015
RE: West Michigan Metropolitan Transportation Planning Program (WestPlan)
Dues FY2015 (October 1, 2015-September 30, 2016)
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 this request.
COMMITTEE RECOMMENDATION:
None
O:MANAGER/COMMON\FORMS/AGENDA
Date: October 27, 2015
To: Honorable Mayor and City Commissioners
From: DPW
RE: Sale of Boat Slip (A-08) at Harbour Towne
SUMMARY OF REQUEST:
1- Vacate previous (8/25/2015) authorization to staff to negotiate and execute an
agreement with Mr. & Mrs. Hall for the purchase of slip # A-08 at Harbour
Towne Marina.
2- Authorize the Mayor and Clerk to sign the attached 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 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 & Clerk to execute the purchase agreement with the Meyers.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO._____________
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: October 27, 2015
SUBJECT: Marsh Field Management Agreement
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
LBC.
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 request.
COMMITTEE RECOMMENDATION:
To: Honorable Mayor and City Commission
From: DPW Staff
Date: 10/22/2015
Re: Marsh Field Management Agreement
The Department of Public Works Staff is requesting permission to enter into a three
(3) year contractual agreement, with annual one (1) year extensions, thus creating a
perpetual three (3) year contract, with the Muskegon Clippers Baseball Club, of
Muskegon MI.
Lakeshore Baseball Club (LBC) had previously held the initial contract with the
City since 2010 and now through a reorganization of the club members will be
called the Muskegon Clippers Baseball Club (MCBC). The Marsh Field
Management Agreement had in the past proven to be not only a cost savings to the
City, through reduced maintenance and utility costs, but has also realized major
improvements to the facility.
Staff has met with MCBC and has negotiated to renew the existing contract with the
following minor changes to the proposed contract referenced in the individual
sections below:
• MCBC and the “City” responsibilities under Maintenance are redefined to state
that the “City” shall provide an electric or gas turf cart and MCBC will provide
all lawnmowers and lawnmower maintenance.
• Use of Other City Facilities, by the “City”, is redefined. The City shall assist
MCBC whenever practical to use additional City of Muskegon baseball/softball
facilities such as Beukema, Reese, McCrea and Campbell Fields, at cost to
MCBC as specified in the City User Fee Schedule. The use of these facilities
will be subject to scheduling and availability (other management agreements
may limit the use of such facilities/fields). The modification of these facilities to
accommodate use will be at the expense of MCBC.
• Programs, by MCBC is redefined stating that MCBC will allow one all-star
team from the East Little League and omit the language stating “one all-star
team from the West Little League” to participate in tournaments free of entry fee.
1
Commission Meeting Date: October 27, 2015
Date: October 22, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for the Establishment of an Industrial
Development District at 1690 Creston St
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 St. 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.
COMMITTEE RECOMMENDATION:
None
10/22/2015
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 1690 CRESTON ST,
MUSKEGON, MI 49442
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has the
authority to establish an Industrial Development Districts within the City of Muskegon; and
WHEREAS, Production Fabricators, Inc has petitioned the City Commission of the City of Muskegon to
establish an Industrial Development District on its property located in the City of Muskegon hereinafter
described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the
time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to
the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the
establishment of the proposed district; and
WHEREAS, on October 27, 2015 a public hearing was held at which all owners of real property within the
proposed Industrial Development District and all residents and taxpayers of the City of Muskegon were afforded
an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Industrial Development District as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit:
CITY OF MUSKEGON SEC 28 T10N R16W S 250 FT OF N 610 FT OF W 495 FT SE 1/4 SE 1/4 LYING S OF
S LN FOREST AVE EXTD ELY SBJT TO EASEMENT L3816 P825
is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended,
to be known as Irwin Industrial Development District.
Adopted this 27th Day of October 2015.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
10/22/15
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on October 27, 2015.
______________________________
Ann Meisch
Clerk
10/22/15
AGENDA ITEM NO._________
CITY COMMISSION MEETING: October 27, 2015
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Kenneth D. Grant, Treasurer
DATE: October 20, 2015
RE: Public Hearing
Confirmation of Special Assessment Roll-Street Lighting
SUMMARY OF REQUEST:
Confirm the Special Assessment Roll-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 attached resolution.
COMMITTTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. ______
Resolution Confirming Special Assessment Roll
For City-wide Street Lighting
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on October 13, 2015, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district levying on each tax parcel with a state equalized value over
$1,000 a total of $175, ($35 per year for five years) which is approximately 80% of the
cost for street lights, which has been determined to be appropriate, considering the
benefit to the assessed properties and removal of the burden of the loss of street lighting,
and the policies of the City.
3. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in five equal installments of $35 commencing
on the Winter 2015 tax bill and each Winter tax bill thereafter.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution adopted.
Ayes ___________________________________________________________________
______________________________________________________________________________
Nays ___________________________________________________________________
______________________________________________________________________________
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on October 27,
2015. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public acts of 1976.
Further I hereby certify that the special assessment roll referred to in the above resolution
was confirmed on the date being October 27, 2015.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
MAYOR’S ENDORSEMENT AND WARRANT
I, Stephen J. Gawron, Mayor of the City of Muskegon hereby endorse the above
confirmation resolution and hereby warrant to the City Treasurer this date that he shall
proceed to collect the assessments at the time and in the manner set forth above.
CITY OF MUSKEGON
By _________________________________
Stephen J. Gawron, Mayor
Exhibit A
All eligible parcels located inside the City of Muskegon with a state equalized value over $1,000
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