City Commission Minutes 08-10-2021

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          AUGUST 10, 2021 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                 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, August 10, 2021, Pastor
Walley Reames, Central Assembly of God, opened the meeting with a 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
Ken Johnson, Dan Rinsema-Sybenga, Teresa Emory, Willie German (left at 7:10
p.m.), and Michael Ramsey, City Manager Frank Peterson, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
   A. Presentation of Accreditation Award Public Safety
Bob Stevenson and Neal Rossow from the Michigan Association of Chiefs of
Police (MACP) were in attendance to present the Muskegon Police Department
with the Michigan Law Enforcement Accreditation Commission (MLEAC) Award,
in recognition of completion of the accreditation program.
Accreditation status represents a significant professional achievement.
Accreditation acknowledges the implementation of written directives, policies,
and procedures that are conceptually sound and operationally effective.
The MACP and MSA (Michigan Sheriffs’ Association) believe the Michigan Law
Enforcement Accreditation Program will enhance the professionalism of police
organizations in the state.
   B. Craig Person – Blue House Development – His Muskegon Story
Craig Person moved to Muskegon in 2014 to pursue his passion for real estate.
He has invested in several properties in the Muskegon area and has taken his
residential redevelopment successes and has become a huge promoter of

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Muskegon’s ongoing transformation. Mr. Person has started a Facebook blog –
“Coffee with Craig – showing others how to start investing in urban
redevelopment and plans to eventually release a full documentary regarding
Muskegon’s resurgence, saying he is proud to call Muskegon his new home.
“My motto is dream big, think big and make a difference,” Person said of now
seeking investment opportunities in the redevelopment of Downtown Muskegon,
“I am all in on Muskegon.”
PUBLIC COMMENT ON AGENDA ITEMS:              Public comments were received.
2021-74      CONSENT AGENDA:
  A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 27, 2021 Regular
Meeting.
STAFF RECOMMENDATION:          To approve the minutes.
  C. AutoPulse Resuscitation Purchase Using Grant Funds        Public Safety
SUMMARY OF REQUEST: The Fire Department has received a grant from the
Firehouse Subs Public Safety Foundation to purchase an AutoPulse Resuscitation
device.
The Firehouse Subs Public Safety Foundation has awarded a grant for $17,520.30
to purchase a Zoll AutoPulse Resuscitation System. The AutoPulse® Resuscitation
System is a CPR machine that provides high-quality automated CPR to victims of
sudden cardiac arrest. This is a no-match grant covering the total purchase
price of one (1) Zoll AutoPulse and necessary accessories.
STAFF RECOMMENDATION:            To authorize the fire department to accept the
grant of $17,520.30 from the Firehouse Subs Public Safety Foundation to purchase
the Zoll AutoPulse device.
  E.   Lumberjacks Lease       City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the fifth amendment to the
lease agreement with WC Hockey. This amendment will add three additional
five-year options for the team.
STAFF RECOMMENDATION:          Approve the Agreement and authorize the City
Manager and Clerk to sign.
  I.    Designation of Voting Delegates for the Michigan Municipal League
       Annual Meeting      City Commission
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and, if
possible, to designate one other official to serve as an alternate.


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STAFF RECOMMENDATION:         To appoint an official representative, Mayor
Stephen J. Gawron, and alternate representative, City Clerk Ann Marie Meisch,
to be in attendance and to cast the vote of the municipality at the Annual
Business Meeting of the Michigan Municipal League Convention.
  J.   Community Relations Committee Recommendations          City Clerk
SUMMARY OF REQUEST: To concur with the Community Relations Committee
and appoint Virginia Taylor to the Zoning Board of Appeals and to concur with
the District Library board on the reappointment of three members.
The CRC recommends appointing Virginia Taylor to the vacant position on the
Zoning Board of Appeals – Term expiring 1/31/2023. Oneata Bailey, Kevin Huss,
and Greg Borgman – Terms expiring 6/30/2025, will be reappointed to the District
Library board as recommended by the Library Board.
STAFF RECOMMENDATION:           To concur with the recommendation of the CRC
and District Library Board on the appointment and reappointments.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
accept the consent agenda as presented, except items B, D, F, G, and H.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
             Nays: None
MOTION PASSES
2021-75      REMOVED FROM CONSENT AGENDA:
  B.   Request to Fly Christian Flag   City Clerk
SUMMARY OF REQUEST: Michael Hansen is seeking approval to fly the Christian
Flag at Muskegon City Hall the first week of May 2022, during the week of the
National Day of Prayer.
STAFF RECOMMENDATION:           To approve the request by Mr. Hansen to fly the
Christian Flag the week of the National Day of Prayer, the first week of May,
2022.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to deny
the request by Mr. Hansen to fly the Christian Flag the week of the National Day
of Prayer, the first week of May 2022.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
             Nays: None
MOTION PASSES




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  D. Purchase Request for Two Fire Apparatuses Public Safety
SUMMARY OF REQUEST: Purchase agreement with Halt Fire of Wixom to
purchase two fire apparatuses to replace E23 – a 2006 pumper and L41 – a 2006
aerial device.
Staff is requesting the Fire Department to enter into a purchase contract with Halt
Fire of Wixom. E23 is a 2006 pumper with 128,758 miles and L41 is a 2006 75 foot
aerial device with 100,074 miles. Buying two badly needed units gives us the
ability to save the City $45,000 with a dual apparatus purchase. Using the pre-
payment option provided by the manufacturer, Pierce Manufacturing of
Wisconsin, the City will save an additional $22,583. E23 and L41 will still be used
as back up Fire Trucks when needed.
AMOUNT REQUESTED:          $2,063,361.00
FUND OR ACCOUNT:           TBD
STAFF RECOMMENDATION:        To approve staff to enter into a two-apparatus
purchase agreement with Halt Fire of Wixom Michigan.
Motion by Commissioner Ramsey, second by Commissioner Emory, to approve
staff to enter into a two-apparatus purchase agreement with Halt Fire of Wixom
Michigan.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
             Nays: None
MOTION PASSES
  F.   Sanitation Policy   Development Services
SUMMARY OF REQUEST: Staff is seeking approval of the policy for establishing
and reinforcing rules and regulations related to sanitation.
Staff has developed a policy to govern the collection and disposal of residential
refuse and ensure all neighborhoods within the city are maintained in a clean,
orderly condition at all times for the health, safety, and welfare of the
community.
STAFF RECOMMENDATION:            To approve the policy establishing rules and
regulations related to sanitation.
Motion by Commissioner Ramsey, second by Commissioner Rinsmea-Sybenga,
to approve the policy establishing rules and regulations related to sanitation.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
             Nays: None
MOTION PASSES

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  G. ARP Infill Housing Program        City Manager
SUMMARY OF REQUEST: City staff has developed a Request for Qualifications
and a draft Development Agreement for the ARP-funded portion of the in-fill
housing program. Staff is seeking approval to release the RFQ broadly and begin
discussions with respondents, with a goal of bringing development agreements
to the City Commission for approval in September.
Staff is recommending that the City Commission allocate $5Milion from ARP
stimulus revenue to accelerate the city’s current infill housing program. Staff
intends to use these dollars to leverage an additional $5Million in private
investment by requiring each qualified developer to invest half the cost of
construction. The proposed development agreement would include provisions to
ensure affordability to buyers below 120% of the AMI by providing a more-robust
down payment assistance program to income-qualified buyers. Note that the
agreements specifically call out owner-occupied homes because we have the
PILOT Infill Program currently focusing on rentals. Additionally, the agreements
call out “single family” homes; this should be clarified to Commissioners that
single-family homes can be either detached from other single family homes or
attached to other single family homes (townhouses are an example of this).
AMOUNT REQUESTED:         $5 Million
FUND OR ACCOUNT:          State/Federal Grants
STAFF RECOMMENDATION:          Allocate $5 Million in ARP stimulus funds to the
infill housing program and authorize the City Manager to broadly release the
RFQ and identify qualified developers for the program.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to
allocate $5 Million in ARP stimulus finds to the infill housing program and
authorize the City Manager to broadly release the RFQ and identify qualified
developers for the program.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
             Nays: None
MOTION PASSES
  H. 1095 Third Street Redevelopment RFP Economic Development
SUMMARY OF REQUEST: Catholic Charities is in the final stages of relocating
from their former offices at 1095 Third Street to their new location. The
department has prepared a request for proposals for qualified developers to
submit redevelopment plans for the Commission’s consideration.
Over the past eighteen months, the Economic Development department has
worked with Catholic Charities during their efforts to construct their new offices
and relocate. During that time, several interested parties, both local and

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regional, have expressed interest in the building for mixed use, federal office
lease space, pure residential, nonprofit, and a variety of other uses. The
document reflects a request for proposals for the future of the site. Staff have
recommended a focus on mixed use, with additional requested emphasis on
residential in multiple modes and price points, activation of the additional lots
adjacent to the building, and an active commercial street front on Third. The
document is presented tonight for review and endorsement to ensure it aligns
with commission’s goals for the site.
STAFF RECOMMENDATION:         To endorse the Request for Proposals for the 1095
Third Street Redevelopment RFP as presented.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to endorse the Request for Proposals for the 1095 Third Street Redevelopment RFP
as presented.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
2021-76     NEW BUSINESS:
  A. Pedicab Ordinance          City Clerk
SUMMARY OF REQUEST: City Commission is being asked to consider an
ordinance to allow and regulate Pedicabs. City Commission is also being asked
to consider an amendment to allow consumption or possession of alcoholic
liquors in parks and playgrounds while participating in a pedicab.
The city has been approached by a person wishing to operate a party bike. Staff
has worked with the city attorney and is proposing the Pedicab ordinance
presented as well as an amendment to Chapter 58 Article I to allow
consumption or possession of alcoholic liquors in parks and playgrounds while
participating in a pedicab.
STAFF RECOMMENDATION:          To adopt a new ordinance allowing and
regulating Pedicabs and to amend Chapter 58 Article I of the City Code of
Ordinances to allow consumption or possession of alcoholic liquors in parks and
playgrounds while participating in a pedicab.
Motion by Commissioner Ramsey, second by Vice Mayor Hood, to table this
item until the August 24, 2021 meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
            Nays: None
MOTION PASSES

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  B.   Representation – Opioid Litigation       City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into an
agreement with Grabhorn Law Office and Haney Law Office to represent the
city’s interest in opioid litigation in the State of Michigan.
There have been a series of litigation events related to the dispensing of opioids
across the county. The result has been a number of class-action lawsuits and
related settlements, with additional action likely to come in the near future. Staff
is seeking permission to engage Grabhorn Law Office and Haney Law Office to
represent our interests in the litigation as well as the settlement disbursements.
There will be no direct cost to the city, as the fees will come from the settlements.
Additionally, our actual settlements will not be reduced by the legal fees
because a separate fund has already been established to cover all related
attorney fees for all interested parties.
STAFF RECOMMENDATION:        Authorize the City Manager to enter into the
representation agreement as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize the City Manager to enter into the representation agreement as
presented.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and
           Johnson.
             Nays: None
MOTION PASSES
2021-77      ANY OTHER BUSINESS:     Mayor Gawron was contacted by the
Muskegon Boxing Club operating out of Smith Ryerson with a request for help
with funding the program. The funding would help with equipment purchases
such as uniforms, headgear, gloves, rings, ropes, etc.
Motion by Commissioner Ramsey, second by Commissioner Emory, to add
$25,000 to contractual services in the Parks Budget for the purpose of
supplementing the boxing program at Smith Ryerson.
ROLL VOTE: Ayes: Hood, Ramsey, Rinsema-Sybenga, Emory, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
Commissioner Ramsey asked the clerk to provide an explanation in writing
about the discrepancies between what was posted by the City Clerk and
County Clerk in vote totals posted on election night. Commissioner Ramsey
requested an update from the Gift Card Committee.
PUBLIC COMMENT ON NON-AGENDA ITEMS:                       Public Comments were

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received.
ADJOURNMENT:   The City Commission meeting adjourned at 8:00 p.m.


                                Respectfully Submitted,




                                Ann Marie Meisch, MMC – City Clerk




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