City Commission Minutes 11-24-2020

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
       NOVEMBER 24, 2020 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                 MINUTES

The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, November 24, 2020.
ROLL CALL FOR THE REGUARL COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI) Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Bradenton, FL), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
HONORS AND AWARDS: Mayor Steve Gawron announced that the City of
Muskegon’s application was accepted to participate in a 6-week program with
the Mayor’s Institute of City Design. We will present our project and receive
recommendations from the Institute. The project submitted focuses on seeking
greater investment parity city-wide by initially targeting increasing commercial
development opportunities in the historically under-invested, and racially
diverse Jackson Hill neighborhood. We are currently updating the city’s Master
Plan and would like to integrate the 2020 Census data that would support and
inform land use and transportation decisions outlined in the Plan. Our goal is to
understand how this data can be utilized to spur neighborhood-centric
commercial development and create new employment opportunities in that
particular neighborhood at this time, where 44.6% of the residents live at or
below the poverty line. We have an opportunity to do a focused study and
develop some good project parameters that could be utilized there. As we go
beyond, we can see how that experience can help us in all of our
neighborhoods. Planning and Economic Development have done great work to
get this plan and application submitted.
PUBLIC COMMENT ON AN AGENDA ITEM:            Public comments were received.

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2020-86      IMMEDIATE ACTION REQUESTED:
   A. Remote Meeting Procedures        City Clerk
SUMMARY OF REQUEST: Public Act 228 of 2020 amended the Open Meetings
Act to allow for electronic meetings. The Act requires that if the City wishes to
conduct electronic meetings, that it adopts electronic meeting procedures.
Public Act 228 of 2020 amended Section 3 of the Open Meeting Act (OMA) and
added Section 3a to the OMA to permit, in certain circumstances, public bodies
to meet electronically and to permit members of those public bodies to
participate in, and vote on, business before the public body remotely.
The Act requires the public body, as defined ins Section 2(a) of the OMA, being
the City Commission, including all boards, commissions, committees,
subcommittees, or authorities of the City of Muskegon, to establish procedures to
ensure compliance with the requirements of the Act related to electronic
meetings. It is recommended that the City Commission establish the presented
electronic meeting procedures for itself and all of the public bodies of the City to
comply with this statutory requirement.
STAFF RECOMMENDATION:          To establish the procedures to permit the City
Commission and all other public bodies of the City of Muskegon to meet
electronically and vote on business before the public body remotely.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to establish procedures to permit the City Commission and all other public
bodies of the City of Muskegon to meet electronically and vote on business
before the public body remotely.
      Motion by Commissioner Johnson, second by Commissioner Rinsema-
      Sybenga to amend Section C of the proposed procedures to require that if
      an agenda exists for an electronic meeting, the agenda for that meeting
      shall be made available to the public at least 12 hours before the
      electronic meeting begins by posting the agenda on the portion of the
      City’s website that is fully accessible to the public.
      ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
                 Gawron, and Hood
                   Nays: None
      MOTION PASSES
VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
                 and Gawron
             Nays: None
MOTION PASSES

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2020-87      CONSENT AGENDA:
   A. Approval of Minutes        City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 9, 2020 Work
Session Meeting, the November 10, 2020 Regular City Commission meeting, and
the November 13, 2020 Special City Commission Meeting.
STAFF RECOMMENDATION:            To approve the minutes.
   B. 2020-2021 School Resource Officer Agreement            Public Safety
SUMMARY OF REQUEST: Review and approve the School Resource Officer
Agreement proposed for employment of one Muskegon Police Department
officer for the 2020-2021 school year. This agreement includes a 3% increase for
a total of $24,190.40 paid to the City of Muskegon between September 2020 and
June 2021.
STAFF RECOMMENDATION:            Approval of the 2020-2021 School Resource
Officer Agreement.
   C. 2020-2021 Winter Parking Ordinance Amendment Public Safety
SUMMARY OF REQUEST: Revise LO09 of the effected city ordinance (92-71), staff
received information that the current ordinance was problematic in our
downtown designated area. With the increase of full-time residents living
downtown parking is a premium throughout the day and night. Staff is proposing
a change to the downtown area to accommodate residents and business
patrons that the frequent the designated area.
STAFF RECOMMENDATION:            Approval of the amended Parking Ordinance as
it pertains to Winter Parking.
   D. Ramos Towing Agreement           Public Safety
SUMMARY OF REQUEST: Extension of the current contract with Ramos Towing for
(2) two years. The next renewal date will be January 1st 2023. No changes to the
current service and fee schedule are expected during the 24 (twenty0four
month extension.
STAFF RECOMMENDATION:       Approve a 24 (twenty-four) month service
agreement with Ramos Towing.
   E. Social District Permit Recommendation             Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for


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approval from the City Commission before granting the permits. You handled
the initial eight such requests at your August 25 and September 8 meetings. The
attached resolution is for Ingalls Business AQ (dba Mike’s Inn) which is also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District Plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION:        To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the City
Commission action with the MLCC.
   F. MERS Defined Benefit Plan Adoption Agreements Addendum Finance
SUMMARY OF REQUEST: MERS of Michigan, our Pension Plan Administrator, is
asking all clients to complete and update plan adoption agreements so they
can ensure the details of our plans are accurately documented. Staff is seeking
our approval of the Defined Benefit Plan Agreement Addendums presented.
MERS of Michigan is asking the City of Muskegon to review and update our
Defined Benefit Plan Adoption Agreements for each of our six divisions, Non-
Union, Clerical, 517 m DPW, Police Patrol, Police Command, and Fire. The Plan
Adoption Agreement Addendums for each division are attached. Please not we
have not changed any of the provision of our plans, this is a MERS request so
they can ensure accuracy. Please note that the Addendums for our Defined
Contribution Plans will be brought to you at our next meeting.
STAFF RECOMMENDATION:     To approve the MERS Defined Benefit Plan
Adoption Agreement Addendums as presented.
   G. PRI Document Approval – Jackson Hill Infill Housing Loan
      Development Services
REMOVED PER STAFF REQUEST
   H. Trinity Village (COGIC Village) PILOT Agreement Termination Treasurer
SUMMARY OF REQUEST: To terminate the payment in lieu of taxes (PILOT)
agreement with Trinity Village for the COGIC Village housing project.
We were recently notified by a representative of KMG Prestige, property
manager for COGIC Village, that the property had been sold in August of 2019
to MASH – COGIC Muskegon LDHA Association, LLC. At the time the property
was sold, the qualifying load was paid off. As such, the property no longer
qualifies for PILOT status, and we need to take official action to terminate the
original agreement. After termination, the county’s Equalization Department will
notify the owners of the termination, and determine the proper classification to
return the property to the city’s tax roll.


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STAFF RECOMMENDATION:         To approve the resolution to terminate the
Contract for Housing Exemption with Trinity Village Non-Profit Housing
Corporation.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to approve the consent agenda as presented.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
             Nays: None
MOTION PASSES
2020-88    PUBLIC HEARINGS:
   A. Beach Street Utility Special Assessment            Public Works
SUMMARY OF REQUEST: Conduct the first Public Hearing for the Beach Street
Aerial Utility Burial Special Assessment to create the special assessment district
inclusive of all properties shown in the attachment, appoint two Commissioners
to the Board of Assessors, and adopt the resolution.
Staff has been petitioned by property owners along Beach Street to have the
aerial communication utilities (Frontier Communications and Comcast Cable)
buried within the above referenced limits. Staff has reviewed the request and
additional documentation/detail is attached along with a preliminary staff
summary.
Staff will present the results of the property owner mailers at the Public Hearing as
well as take any public comment on the special assessment. The proposed
special assessment district properties are show in the attachment. Staff is
requesting two Commissioners be appointed to the Board of Assessors along
with the County Assessor’s office to prepare the assessment roll.
STAFF RECOMMENDATION:         To close the public hearing, appoint two
Commissioners to the Board of Assessors, and approve the resolution.
PUBLIC HEARING COMMENCED:
Darryl Bell – 1668 Beach Street – looking for clarification
Kevin Eaton – 1646 Beach Street – opposed as all lines are not included
Reid Heredowich (grandson) at 1650 Beach Street – opposed
Bernadette Thomas – 1790 Beach Street – clarify timing of project – why wasn’t it
done with road work.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing, appoint Commissioner Rinsema-Sybenga and
Commissioner Emory to the Board of Assessors and approve the resolution.
ROLL VOTE: Ayes: Emory, Gawron, Hood, Ramsey, and Rinsema-Sybenga

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             Nays: German
MOTION PASSES
2020-89      NEW BUSINESS:
   A. Amendment to the Zoning Ordinance - Marihuana              Planning
SUMMARY OF REQUEST: Staff-initiated request to amend the zoning ordinance
to allow for Microbusinesses, Designate Consumption Establishments, Class A
Recreational Grows, (Up to 100 plants), Class B Recreational Grows (Up to 500
plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana
events as a special use permitted in I-1, I-2, MC, B-2, and B-4 zoning districts.
The Planning Commission voted in favor of the ordinance amendment with the
following conditions:
Any adult -use marihuana business shall not be located within a 500-foot radius
of any property occupied by: (1) a public playground, (2) a public park, (3)
public housing, (4) a religious institution, (5) a public or private, vocational
school, college, junior college, or university, (6) a state-licensed child care
center or pre-school, (7) any public swimming pool, public or private youth
activity facility, public outdoor recreation area (except trails) or public
recreation facility, (8) a youth center, (9) a juvenile or adult halfway house, (10)
correction facility or rehab center.
STAFF RECOMMENDATION:         To approve the request to amend the zoning
ordinance to allow for Microbusinesses, Designated Consumption
Establishments, Class A Recreational Grown, Class B Recreational Grows and
temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2, and
B-4 zoning districts.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
table the zoning ordinance amendment until the January 27, 2021 Legislative
Policy Committee meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, Emory
             Nays: None
MOTION PASSES
   B. Community EnCompass Infill Housing Development Agreement and
      Funding   Economic Development
REMOVED PER STAFF REQUEST
ANY OTHER BUSINESS:      Commissioner German requested an update from
Chief Lewis regarding crime in the city and how we are resolving issues.
Dave Alexander provided an update from the DDA meeting regarding the


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Lakeshore Art Festival and Taste of Muskegon. Both events are to be
administered by the City Clerk’s Office with Dave Alexander providing regular
updates to the Downtown Development Authority.
PUBLIC COMMENT:          Public Comments received.
2020-90   CLOSED SESSION:
   A. Discussion of Pending Litigation
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to go
into closed session to discuss pending litigation, Hilton vs. City of Muskegon and
Ann Meisch.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
come out of closed session.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
Motion by Commissioner German, second by Commissioner Johnson, to follow
recommendation of counsel discussed in closed session.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 7:57 p.m.


                                      Respectfully Submitted,




                                      Ann Marie Meisch – MMC, City Clerk




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