City Commission Minutes 02-09-2021

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          FEBRUARY 9, 2021 @ 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 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, February 9, 2021.
ROLL CALL FOR THE REGUAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), 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.
PUBLIC COMMENT ON AN AGENDA ITEM:           Public comments were received.
2021-13     CONSENT AGENDA:
   A. Approval of Minutes     City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 26, 2021 Regular
City Commission Meeting.
STAFF RECOMMENDATION:         To approve the minutes.
   B. Election Grant Update   City Clerk
SUMMARY OF REQUEST: Earlier this year, the City Commission approved to
spend the 2020 Election Grant in the amount of $433,580 along with an
additional $30,000 from the HAVA grant for Election equipment. Several items
have been purchased and acknowledged by the City Commission. We have
spent a total of $401,137.31 to-date and have received permission for a 6-month
extension to purchase a truck to pull the Muskegon Votes trailer with the
remaining amount of $32,442.69. This amount includes permission to spend
$22,735 to purchase a second verity central client software work station for
absentee ballots.
To-date we spent: drop boxes $5,725,75; Drive Thru Voting $26,858.49; PPE

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Equipment $11,803.75; Poll Worker Recruitment funds, hazard pay, and training
expenses $69,130.14; temporary staffing $66,242.27; Vote by mail/absentee
voting equipment $95,925.94; Election Administration Equipment $60,176.58;
Non-Partisan Voter Education $65,274.41.
STAFF RECOMMENDATION:            To acknowledge the expenditures in the amount
of $401,137.31 as listed above and give permission to purchase a verity central
client software work station for $22,735.
   C. Informational Portal      City Clerk
SUMMARY OF REQUEST: Bang the Table is an informational portal that will allow
staff to put out surveys, create newsletters, and create individual project sites to
assist staff in organizing notifications, seek feedback, and keep citizens updated
and provide feedback.
Bang the Table offers a platform where all updates on a project are gathered in
one location in an easy to read format. Citizens can provide feedback in a
variety of ways including a mapping system, surveys, comments, etc. This will be
a useful tool for departments for projects such as the master plan update, CDBG
projects, NAM Programs, etc. The system offers more flexibility and tools to
provide information in a quick format and allow us to better communicate with
our citizens and gather information. The cost is $15,000 per year with a $1,900
onboarding cost. Staff did review other software including Accela Government
Software, Granicus, and Bloomz. We found this software is geared towards
government and offers many features not provided by other companies.
AMOUNT REQUESTED:        $16,900              AMOUNT BUDGETED:           Grant Fund
STAFF RECOMMENDATION:             Authorize staff to sign an agreement with Bang
the Table to utilize the informational portal to better communicate with our
citizens.
   D. Special Event Parking at Pere Marquette           City Clerk
      REMOVED PER STAFF REQUEST
   E. Equipment Replacement            DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) cab and Chassis International Heavy Duty Plow Truck from
West Michigan International off of the Sourcewell Contract. The build of this truck
will be done by Truck and Trailer Specialties.
The cab and chassis of this truck will be coming from West Michigan
International at a cost of $89,216.72, while the actual build of the box and
underbody blade (scraper blade) will be done by Truck and Trailer Specialties of
Dutton, MI for a price of $62,575.00 Total price $151,791.72.
AMOUNT REQUESTED:        $151,791.72          AMOUNT BUDGETED:           $165,000
FUND OR ACCOUNT:         Equipment CIP Fund             661-60932-5730

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STAFF RECOMMENDATION:           Authorize staff to move forward with purchase.
   F. Filtration Plant Communications Tower            Public Works
SUMMARY OF REQUEST: Authorize staff to award contracts for the procurement
and installation of the communications tower at the water filtration plant.
Staff worked with our project manager (Maralat Communications) to develop a
proposed design for the communications tower and to procure bids where
possible for the foundation construction and the tower installation.
At this time staff is requesting approval to purchase the tower materials from
Valmont Industries and permission to award a contract for the foundation
construction and tower installation to the low bidder, EarthCom. Two bids were
received for the foundation and installation item of work and both are attached.
There will be additional expenses related to the attachment of the city
communication equipment to the tower and transfer of the county 911
equipment from the existing tower as well as demolition of the existing tower.
These will be pursued as a change order with EarthCom (should their contract
be approved) and brought back to commission at a later date if needed.
It is expected that shipping and material prices will fluctuate slightly from the
quoted amounts due to the timing between the bids and the award and as such
staff is requesting flexibility in the prices of each up to 10% of the quoted
amounts for a total request at this time of $159,970.80 ($66,891.00 Foundation &
Installation + $93,079.80 Tower Materials).
Additionally, progress has been made towards securing a cellular lease for the
site. Preliminary agreement has been reached on a lease that is expected to
generate $1,800/month in revenue on a 10-year term, with a 3% escalator, and
with the option for four renewals of 5-years each. The revenue will offset the cost
of the tower within the lifetime of the renewals or sooner, and will hopefully spur
additional interest as there will still be sufficient room for additional carriers.
AMOUNT REQUESTED:        $159,970.80         AMOUNT BUDGETED:         $300,000.00
FUND OR ACCOUNT:         591-92034-5346
STAFF RECOMMENDATION:          Authorize staff to approve the contract with
Valmont Industries for the tower procurement in the amount of $84,618.00 +/-
10% and authorize staff to approve the contract with EarthCom for the
foundation construction and tower erection in the amount of $60,810.00 +/- 10%.
   I. Public Hearing Process           Development Services
SUMMARY OF REQUEST: Staff is seeking approval to modify the process for
holding public hearings at city commission meetings.
Staff would like to be able to address comments received from the public so that
commissioners have a full picture of the topic before voting. The proposal is to

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modify the process as follows:
   •   Clerk reads brief summary of agenda item
   •   Staff presents details on the item
   •   Public hearing is opened, and comments are received from the public
   •   Staff addresses questions/comments received during the public hearing
   •   Commissioners close the public hearing and deliberate
   •   Commissioners vote on the agenda item
STAFF RECOMMENDATION:        To approve the new process for holding public
hearings at city commission meetings as proposed.
   K. PILOT Ordinance Amendment Development Services
SUMMARY OF REQUEST: Staff are seeking approval of an amendment to
Chapter 82, Article II of the Code of Ordinances in coordination with the revised
Payment in Lieu of Taxes Policy.
The newly adopted PILOT Policy includes guidelines for determining the PILOT
rate. These guidelines match the rate with specific city goals, and as those goals
change over time, the policy can be amended to reflect current goals. Staff are
seeking a change to the PILOT ordinance to remove the standards for
determining the amount of the payment in lieu of taxes and allow the PILOT
policy to set the standard.
STAFF RECOMMENDATION:          To amend and adopt Chapter 82, Article II,
Section 51 for Payment In Lieu of Taxes.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the consent agenda as presented, minus items G, H, and J.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
2021-14      REMOVED FROM CONSENT AGENDA:
   G. 2nd Quarter Budget Reforecast             Finance
SUMMARY OF REQUEST: At this time staff is presenting the 2nd Quarter Budget
Reforecast for FY2020-21.
STAFF RECOMMENDATION:            To approve the 2nd Quarter FY2020-21 Budget
Reforecast as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the 2nd Quarter FY2020-21 Budget Reforecast as presented.


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      2nd Motion: Motion by Commissioner Johnson, second by Commissioner
                  German, to table this item until the next regular City
                  Commission meeting, February 23, 2021.
      ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
                 Johnson, and Gawron
                   Nays: None
      MOTION PASSES
   H. Amendment to the Zoning Ordinance – Marihuana            Planning
SUMMARY OF REQUEST: Staff-initiated request to amend the zoning ordinance
to allow for Microbusinesses, Designated 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.
At the Legislative Policy meeting, Commission discussed how this marihuana
ordinance should have the same type of conditions associated with businesses
in the overlay district. For the proposed motion, staff has created new conditions
based on the existing overlay district. Staff has also removed Class B
Recreational Grows and Class A Medical Grows due to odor concerns.
STAFF RECOMMNEDATION:            To approve the request to amend the zoning
ordinance to allow for Microbusinesses, Designated Consumption
Establishments, 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 with the
following conditions.
   1. Microbusinesses and Designated Consumption Establishments may only
      be open between the hours of 8 am – 12 am.
   2. Waste Disposal Plan. A plan must be approved for the disposal of waste,
      chemicals and unused plant material.
   3. Security. There must be a security presence in place on the property at all
      times, either by licensed security guard(s) and/or security cameras. A
      floor plan with security details is required.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the request to amend the zoning ordinance to allow for
Microbusinesses, Designated Consumption Establishments, 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 with the following conditions.
   1. Microbusinesses and Designated Consumption Establishments may only
      be open between the hours of 8 am – 12 am.
   2. Waste Disposal Plan. A plan must be approved for the disposal of waste,

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      chemicals and unused plant material.
   3. Security. There must be a security presence in place on the property at all
      times, either by licensed security guard(s) and/or security cameras. A
      floor plan with security details is required.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
   J. PILOT Policy Development Services
SUMMARY OF REQUEST: Staff are seeking approval of a revised policy to
standardize tax incentives for Pilot In Lieu Of Taxes (PILOT) developments within
the city.
At the request of the City Manager, the Tax Incentive Committee has continued
to review and make recommendations for standardizing our tax incentive
policies in the City of Muskegon. Our most recent effort is specifically dedicated
to PILOT developments. As with the previous revisions shared with the
commission, the attached document outlines a more standardized method for
determining payments with lower rates given to developments that meet more
of the city’s goals. Also, in line with the previous revision, the proposal is for these
developments to be reviewed by the tax incentive committee with a
recommendation provided to the City Commission.
STAFF RECOMMENDATION:            To approve the revise Payment in Lieu of Taxes
Policy.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the revised Payment in Lieu of Taxes Policy.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
2021-15      UNFINISHED BUSINESS:
   A. Amendment to the Marihuana Facilities Overlay District – 885 E Apple
      Avenue   Planning (TABLED FROM 1/26/2021 TO 2/9/2021)
SUMMARY OF REQUEST: Request to amend section 2331 of the zoning ordinance
to include 885 E Apple Avenue in the marihuana facilities overlay district, by Khi
Guy.
A motion was made to request to amend Section 2331 of the zoning ordinance
to expand the marihuana facilities overlay district to allow for Retail license

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types at 885 E Apple Avenue be recommended to the City Commission for
approval. The motion passed by a 5-1 vote.
STAFF RECOMMENDATION:            To approve the request to amend Section 2331 of
the zoning ordinance to expand the marihuana facilities overlay district to allow
for retail and provisioning license types at 885 E Apple Avenue.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
table this item until the March 23, 2021 Regular City Commission meeting.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
2021-16     ANY OTHER BUSINESS:    Commissioner Emory requested to be
added to the ad hoc Imagine Muskegon Lake Plan Committee and
Commissioner Johnson offered his spot. The Mayor and Commissioners
accepted the change.
PUBLIC COMMENT:          No public comments were received.
ADJOURNMENT:      The City Commission meeting adjourned at 6:45 p.m.


                                     Respectfully Submitted,




                                     Ann Marie Meisch, MMC – City Clerk




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