City Commission Minutes 06-08-2021

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     CITY OF MUSKEGON
        CITY COMMISSION MEETING
               JUNE 8, 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 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, June 8, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:    Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson – arrived at 5:33 p.m. (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:               No public comments were received.
2021-55      CONSENT AGENDA:
   A. Approval of Minutes        City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 25, 2021 Regular
Meeting.
STAFF RECOMMENDATION:            To approve the minutes.
   B. Lakeshore Art Festival Grant      City Clerk
SUMMARY OF REQUEST: The City of Muskegon is in the process of pursuant a
grant from the Michigan Council for Art and Cultural Affairs (MCACA) in the
amount of $25,000 to support the 2022 Lakeshore Art Festival. Grant funds will
support artists’ fees (performers and artists), art supplies for the interactive art
activities, and marketing efforts to attract a diverse audience. Per the grant
requirements, the funs will be matched 1:1 from the Festival budget through
sponsorship dollars.
STAFF RECOMMENDATION:            To approve the submission of the grant


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application to MCACA.
   D. 9th Street – Engineering Services Agreement Amendment #001
      Public Works
SUMMARY OF REQUEST: Staff is seeking approval of Amendment #001 to the
Engineering Services Agreement with Fleis & VandenBrink related to the
engineering services provided on the 9th Street sewer upgrade project.
Staff is requesting approval of an amendment to the Engineering Services
Agreement with Fleis & VandenBrink in the amount of $39,736.50. This request is
due to a number of changed conditions and additional work that staff
requested of F & V above and beyond the original scope of work. The original
ESA was signed in 2018 in the amount of $203,520.
The amendment covers additional work required by staff and various other
agencies to obtain additional survey and permits that were not fully anticipated
within the original project proposal. Additionally, several items of work became
more complex between the original estimate and the final construction resulting
in additional construction inspection time required to complete the oversight.
The project as a whole was originally budgeted for $2,217,530 which included a
construction contract value of $1,878,869.50 plus engineering and other
expenses as well as a 6% ($125,520.57) contingency. The project construction
contract finished at $1,913,824.24, leaving a remaining contingency of
$90,565.83. With the proposed adjustment to the ESA the project is still below the
overall target budget.
Staff is recommending approval of the Engineering Services Agreement
Amendment.
AMOUNT REQUESTED:          $39,736.50
AMOUNT BUDGETED:           $90,565.83 = Remaining Contingency
FUND OR ACCOUNT:           590-91852
STAFF RECOMMENDATION:         Authorize staff to approve Amendment #001 in
the amount of $39,736.50 to the Engineering Services Agreement with Fleis &
VandenBrink.
   G. Musketawa Trail Streetlight Locations               Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to relocate seven (7)
streetlights within the Port City Industrial Park to facilitate construction of the
Musketawa Trail Connector Project.
Final design and alignment of the Musketawa Trail Connector project required
relocation of several streetlights along Black Creek Drive, Latimer Drive and Port
City Boulevard within the Industrial Park. The work is done by Consumers Energy
through contract, however the cost of the relocations is the city’s responsibility.

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Funding for this request is included in the proposed budget for project number
202-99118-5346 within the 21/22 fiscal year.
AMOUNT REQUESTED:        $35,048.00           AMOUNT BUDGETED:         $650,000
FUND OR ACCOUNT:         202-99118
STAFF RECOMMENDATION:          Authorize staff to contract with Consumers
Energy in the amount of $35,048 for the relocation of the streetlights along Black
Creek Drive, Latimer Drive and Port City Boulevard as necessary for the
construction of the Musketawa Trail Connector.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to
approve the consent agenda as presented, minus item C, E, and F.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-56     REMOVED FROM CONSENT AGENDA:
   C. Lakeside 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 Muskegon Lakeside Social District.
With the establishment of the Muskegon Lakeside 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
approval from the City Commission before granting the permits. The resolution is
for Wonderland Distilling Co., 1989 Lakeshore Drive Suite B and Lakeside Food
and Spirits, Inc, dba Marine Tap Room, 1983 Lakeshore Drive. Both are seeking a
Social District permit from the state and seeking City Commission recommended
approval. The lakeside Social District plan contains up to five 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
Muskegon Lakeside Social District and to direct the City Clerk to certify the City
Commission action with MLCC.
Motion by Commissioner Emory, second by Commissioner Johnson, to approve
the resolution recommending Michigan Liquor Control Commission approval of
Social District permits in the Muskegon Lakeside Social District and to direct the
City Clerk to certify the City Commission action with MLCC.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,

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            and German
            Nays: None
MOTION PASSES
   E. McCrea Field Basketball Court         Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to award a contract in the
amount of $43,265.00 to Ryerson Brothers Excavating for removal and
replacement of the existing basketball court at McCrea Field.
Staff solicited bids for replacement of the McCrea Field basketball court via an
RFP process. The low bidder was Ryerson Brothers Excavating. Staff is further
recommending that we accept the alternate bid presented for the colored
concrete court.
The proposed court will be constructed of concrete, similar to the courts at
Seyferth Park, the alternate bidding process will utilize several different
colorations of concrete to contract the out-of-bounds, three point, and foul line
areas which will require less maintenance to maintain as opposed to paint in the
long run.
AMOUNT REQUESTED:        $43,265.00   AMOUNT BUDGETED:             $50,000
FUND OR ACCOUNT:         101-70751    (With CDBG Reimbursement)
STAFF RECOMMENDATION:         Authorize staff to contract with Ryerson Brothers
Excavating in the amount of $43,265.00 for the construction of a new basketball
court at McCrea Field.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to contract with Ryerson Brothers Excavating in the amount of
$43,265.00 for the construction of a new basketball court at McCrea Field.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
   F. Filtration Plant Communications Tower           Public Works – Filtration
SUMMARY OF REQUEST: Authorize staff to award the contract for procurement
of the communications tower at the Water Filtration Plant.
The City Commission approved the purchase of the Water Filtration Plant
Communication Tower at its meeting on February 9, 2021. The original quote for
tower materials was $84,618.00, and staff requested a total of $93,079.80 (an
additional 10%) to account for any fluctuations in material pricing and shipping.
The project manager (Maralat Communications) recommended to not
purchase the tower until all regulatory requirements were completed.

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Unfortunately, this process took longer than anticipated. The process is now
complete, and staff is ready to purchase the tower.
Staff received an updated quote from Valmont Industries for $94,050.00. Since
this is $970.20 more than approved in February, staff is requesting the approval
of the purchase of the communications tower for the updated amount.
AMOUNT REQUESTED:        $94,050.00   AMOUNT BUDGETED:         $300,000
FUND OR ACCOUNT:         591-92034-5346
STAFF RECOMMENDATION:          Authorize staff to approve the contract with
Valmont Industries for the procurement of the communications tower in the
amount of $94,050.00
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to approve the contract with Valmont Industries for the
procurement of the communications tower in the amount of $94,050.00
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
            Nays: None
MOTION PASSES
2021-57     PUBLIC HEARINGS:
   A. Transmittal of 2021-2022 Proposed Budget Finance
SUMMARY OF REQUEST: At this time, staff is transmitting to the City Commission
the proposed budget for fiscal year 2021-22 which starts July 1, 2021. Electronic
versions of the budget have been distributed to Commissioners. Additionally, the
budget is available for inspection on the City’s website and at the City Clerk’s
office.
An overview of the proposed budget was reviewed at the May 25, 2021 regular
Commission meeting and Commissioners were encouraged to send their
questions to the finance department in the weeks between then and now. The
June 7, 2021 work session presented an opportunity for further discussion and
inquiry. A public hearing on the budget is being held at the regular Commission
meeting on June 8, 2021. City ordinance requires that the budget be adopted
by the Commission on or before the second Commission meeting in June.
STAFF RECOMMENDATION:          Approval of the proposed budget for fiscal year
2021-22.
      Recommended-FY2021-22-Budget-Mtg-5-25-21.pdf (muskegon-mi.gov)

PUBLIC HEARING COMMENCED:             No public comments were received.
Motion by Vice Mayor Hood, second by Commissioner Ramsey, to close the
public hearing and approve the proposed budget for fiscal year 2021-22.

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ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
2021-58     NEW BUSINESS:
   A. Mercy Health Arena Roof Lease          Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to enter into a lease
agreement with New Energy Equity to install a solar array on the roof of the
Mercy health Arena.
This topic was previously discussed at the July 2020 work session meeting, and
again at a meeting in April 27th to recommend a property tax exemption for the
site.
Staff has worked with Charthouse Energy and New Energy Equity, along with
separate expert legal counsel from Miller, Canfield, Paddock and Stone to
prepare the necessary documents to facilitate the installation and operation of
a solar array on the roof of the Mercy Health Arena. This installation as designed
should recognize substantial energy savings over the life of the system.
This document allows for the lease of the roof space to New Energy Equity and
have been reviewed and accepted by city retained legal counsel to be in the
best interest of the city.
STAFF RECOMMENDATION:         Approve the Rooftop System Site Lease
Agreement and authorize the City Manager to sign the agreement contingent
upon approval of the personal property tax exemption by the state tax
commission.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Rooftop System Site Lease Agreement and authorize the City
Manager to sign the agreement contingent upon approval of the personal
property tax exemption by the state tax commission.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   B. Mercy Health Arena Power Purchase Agreement Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to enter into a Power
Purchase Agreement with New Energy Equity to install a solar array on the roof
of the Mercy Health Arena.
This topic was previously discussed at the July 2020 work session meeting, and

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again at a meeting on April 27, 2021 to recommend a property tax exemption
for the site.
Staff has worked with Charthouse Energy and New Energy Equity, along with
separate expert legal counsel from Miller Canfield, Paddock and Stone to
prepare the necessary documents to facilitate the installation and operation of
a solar array on the roof of the Mercy health Arena. The installation as designed
should recognize substantial energy savings over the life of the system.
This document outlines the policies and rates the City will pay to purchase the
generated solar power.
There are no up-front costs to the city related to the installation of the solar
array.
STAFF RECOMMENDATION:         Approve the Power Purchase Agreement and
authorize the City Manager to sign the agreement contingent upon approval of
the personal property tax exemption by the state tax commission.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Power Purchase Agreement and authorize the City Manager to sign
the agreement contingent upon approval of the personal property tax
exemption by the state tax commission.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
             Nays: None
MOTION PASSES
   C. Request for Proposal Approvals – YEP Programs         Community &
      Neighborhood Services
SUMMARY OF REQUEST: There is a request of proposal from sub-recipients to
provide funds to Youth Empowerment Project (YEP) for work and educational
experiences throughout the year. Bethan Housing Ministries dba Community
enCompass: YEP Program - $20,000.00
AMOUNT REQUESTED:         $20,000       AMOUNT BUDGETED:          $20,000
FUND OR ACCOUNT:          CDBG – 2019
STAFF RECOMMENDATION:       To approve the Agreements with Bethany
Housing Ministries dba Community enCompass.
*Commissioner Ramsey disclosed a conflict of interest and did not vote on this
item. The City Charter requires a unanimous vote of the remaining members to
pass a motion where a conflict of interest is noted.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Agreements with Bethany Housing Ministries dba Community


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enCompass.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, and
           Hood
           Nays: None
MOTION PASSES
PUBLIC COMMENT:         No public comments were received.
ADJOURNMENT:      The City Commission meeting adjourned at 6:30 p.m.


                                   Respectfully Submitted,




                                   Ann Marie Meisch, MMC – City Clerk




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