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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 22, 2022 @ 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, Michigan at 5:30 p.m., Tuesday, March 22, 2022.
Pastor Ryan Plantz, Evanston Avenue Baptist 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 Ken Johnson, Vice Mayor Willie German, Jr., Commissioners,
Teresa Emory, Rachel Gorman, Rebecca St.Clair, Eric Hood, and Michael
Ramsey, Deputy City Manager LeighAnn Mikesell, City Attorney John Schrier,
and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
Pulaski Lodge Recognition
Director Lewis and Police-Community Coordinator, Ryan Cummins, recognized
Pulaski Lodge for creating a $225,000 fund at the Muskegon Community
Foundation to perpetually support the annual Public Safety Youth Fishing Derby.
Mayor Johnson presented Pulaski Lodge President, Mike Cameron, with a
plaque and resolution recognizing and thanking them for this donation.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2022-26 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the February 22, 2022
Regular Meeting and the February 28, 2022 Special Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Beukema Park Pavilion Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Muskegon Quality Builders for the construction of a new pavilion at Beukema
Park.
Staff worked with the Marquette Neighborhood to develop an RFP for the
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construction of a new pavilion at Beukema Park. Staff then solicited bids for the
construction of the specified pavilion one(1) bid was received for the project
from Muskegon Quality Builders.
• Muskegon Quality Builders - $69,000.00
Staff reviewed the bid packet and consulted with a landscape architect to
confirm that the bid pricing was appropriate given that only one bid was
received. Staff is comfortable that the bid is complete and appropriately priced
for the work scheduled to be completed.
Construction would be scheduled for this spring/summer with a target
completion date to allow for use of the pavilion during the National Night out in
August.
AMOUNT REQUESTED: $69,900.00 AMOUNT BUDGETED: $700,000
Less Reese Playground = $364,600
Less Beukema Playground = $220,568.25
Remaining = $114,831.75
FUND OR ACCOUNT: 101-92126-5346
STAFF RECOMMENDATION: Authorize staff to contract with Muskegon Quality
Builders in the amount of $69,900.00 for the construction of a new pavilion at
Beukema Park.
C. Pavement Markings Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Michigan Pavement Markings, LLC for pavement marking services throughout
the City during the 2022 construction season.
The Muskegon County Road Commission regularly bids the installation of
pavement markings for many municipalities in the County, including the City,
and has done so again in 2022. The County received two bids; Michigan
Pavement Markings, LLC was the low bidder and the County has awarded them
a contract.
Traditionally, the City has had linear pavement markings refreshed throughout
the entire City each spring, and this year requests $25,525.00 to do so again, as
detailed on the pricing sheet.
This year, the Laketon corridor from Lakeshore to Creston, also needs to have
the “special” markings refreshed (left turn arrows, crosswalks, stop bars, etc.) at
a cost of $13,020.00 as detailed.
The City regularly has reason to perform miscellaneous marking to change
problem areas, to remark areas destroyed by construction work, and to refresh
fading markings late in the season. Staff requests a 25% contingency on the
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contract ($9,636.25) to cover these costs.
AMOUNT REQUESTED: $48,181.25 AMOUNT BUDGETED: $48,181.25 (FY22-23)
FUND OR ACCOUNT: 202-60440-5346 FUND OR ACCOUNT: 202-60440-5346
STAFF RECOMMENDATION: Authorize staff to contract with Michigan
Pavement Markings, LLC in the amount of $48,181.25 for pavement marking
services throughout the City during the 2022 construction season.
D. Street Sweeping Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to contract with Tri-US
Services, Inc. for street sweeping services throughout the City during the 2022
season.
Tri-US Services has been performing street sweeping services for the City for the
last 4 years based on a 2018 bid, with the 2021 year contracted under an
optional extension to the original 3-year contract. For 2022, due to staff turnover
and with the support of Tri-US Services, staff proposes a special purchase by
extending the contract an additional year. Tri-US Services has agreed to extend
their pricing from the 2018 bid, adding a 1.58% Fuel Surcharge, for a total of
$255,000 for the City’s major and local streets.
MDOT contracts with the City for sweeping of the trunklines within the City via
reimbursement, and the City has historically used the same bid contract for
trunkline sweeping. Due to the proposed contract extension/special purchase,
MDOT requested that staff seek quotes for the trunkline portion of the contract.
Staff solicited quotes from Tri-US Services, Sanisweep of Grand Rapids, and
Curbco of Flint, the same companies that requested bid packages in 2018. Tri-US
Services and Sanisweep submitted pricing, with Tri-US Services price fo $18,315
being the same as their 2018 bid price, and the lowest received. Staff
recommends the trunkline portion be awarded to TRI-US Services at $18,315 and
MDOT will again reimburse the City for the trunkline portions.
The total street sweeping contract request is $273,315 for the 2022 season, plus a
charge of $150.00 per hour for special requests, used for things like events and
construction sweeping.
AMOUNT REQUESTED: $273,315.00 AMOUNT BUDGETED: $2,037,262
FUND OR ACCOUNT: 101-60523-5300
STAFF RECOMMENDATION: Authorize staff to contract with Tri-US Services,
Inc. in the amount of $273,315.00 for street sweeping throughout the City,
including state trunklines, for the 2022 season.
E. Aggregates, Highway Maintenance Materials, and Ready-Mixed
Concrete Public Works
SUMMARY OF REQUEST: Award supply of aggregates, highway maintenance
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materials and ready-mixed concrete for 2022 to selected bidders.
Bids were solicited for aggregates, highway maintenance materials and ready-
mixed concrete for purchase in 2022. Purchases will be made from the
recommended bidders listed in yellow on the provided bid tabs. Purchases are
contingent on product availability, timely deliveries, and prices as quoted.
No bids were received for liquid chloride items, which are an important part of
the City’s operations for snow removal and gravel road maintenance. Staff will
be working to find sources for these items.
AMOUNT REQUESTED: Varies by Fund AMOUNT BUDGETED: Varies by Fund
FUND OR ACCOUNT 101, 202, 203, 590, 291
STAFF RECOMMENDATION: Authorize staff to award bids for aggregates,
highway maintenance materials and ready-mixed concrete for purchase during
the 2022 construction season as presented.
F. Social District Permit Recommendation Economic Development
SUMMARY OF REQUEST: The City 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
approval from the City Commission before granting the permits. You
recommended the Mercy health Arena on January 26, 2021 on the arena’s old
license. With the new DDA license, the city needs to make a new social district
permit application. City staff is seeking a Social District permit from the state and
seeking City Commission recommended approval. There are new licensed
establishments within the district that 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 permit in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
Motion by Vice Mayor German, second by Commissioner Gorman, to accept
the consent agenda as presented.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
Gorman
Nays: None
MOTION PASSES
2022-27 PUBLIC HEARINGS:
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A. Recommendation for Annual Renewal of Liquor Licenses City Clerk
REMOVED – All liquor license establishments are in compliance or are working
with the appropriate department to become compliant.
B. MDNR Grant Applications Public Works
SUMMARY OF REQUEST: Staff is seeking public/commission input and
commission support for a formal resolution of support to submit two (2) grant
applications to the Michigan Department of Natural Resources for Park Capital
Projects by the April 1, 2022 deadline.
Staff is proposing two projects for application in MDNR programs at the April 1,
2022 application deadline, as a requirement of the grant application we are
soliciting feedback on the conceptual designs and commission support for the
grant applications.
Michigan Natural Resources Trust Fund
Under the NRTF Program staff is proposing to apply for construction of a second
restroom/concession facility at Pere Marquette park. The facility would be
located in the same location as the existing kite shack building. The conceptual
layout would call for four (4) unisex family style restrooms, a concession area
and a storage area. The conceptual site plan also identifies potential future
additions of a pavilion, though that is not included in the grant request. The
maximum grant amount is $300,000 and requires a minimum 50/50 match. The
project estimate is $667,500.00 of which we are requesting the maximum grant
amount with a $367,500 local match.
Land and Water Conservation Fund
Under the LWCF Program staff is proposing to apply for multiple improvements to
the Grand Trunk Launch Ramp facility. The improvements would include paved
parking, additional launch space and dockage, storm water improvements,
accessible kayak launch, and trailhead improvements. The conceptual plan
also includes construction of a restroom/fish cleaning station at the site at a
future date, those features are not included in this grant proposal. The maximum
grant amount through LWCF is $500,000 and requires a minimum 50/50 match.
The project estimate is $1,000,000 of which we are requesting the maximum
grant amount with a $500,000 local match.
If the projects are selected for grant award construction could begin as early as
2024.
STAFF RECOMMENDATION: To accept public comment and approve the
resolution of support for the Natural Resources Trust Fund application and the
resolution of support for the Land and Water Conservation Fund application and
authorize the Mayor and Clerk to sign.
PUBLIC HEARING COMMENCED: Dr. Mark Poletti, 3244 Thompson –
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suggested having some accessible way to pull up to shore in Lakeside to enable
visits to restaurants.
Motion by Commissioner Gorman, second by Commissioner St.Clair, to accept
public comment and approve the resolution of support for the Natural Resources
Trust Fund application and the resolution of support for the Land and Water
Conservation Fund application and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and
Emory
Nays: None
MOTION PASSES
C. Commercial Rehabilitation District – 2725 Olthoff Drive – Northern
Biomedical Research Planning
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, staff
has requested the establishment of a Commercial Rehabilitation District. The
creation of the district will allow the future property owner to apply for a
Commercial Rehabilitation Certificate, which will freeze the taxable value of the
building and exempt the new real property investment from local taxes. The
school operating tax and the State Education Tax (SET) are still levied on the
new investment. Land and personal property cannot be abated under this act.
Northern Biomedical Research will be applying for a Commercial Rehabilitation
Certificate after the district is passed. Another 10 acres will remain for
development within this commercial rehabilitation district.
STAFF RECOMMENDATION: To close the public hearing and approve the
request to establish a Commercial Rehabilitation District at 2725 Olthoff Drive.
PUBLIC HEARING COMMENCED:
Tim Updyke – 6005 Henry Street, Norton Shores – Opposed
Patricia Gomez – 1480 Benjamin, Laketon Twp – Opposed
Tracy Powers – 2073 Bourdon, Muskegon – Opposed
Brian McCarthy – 2089 Crozier, Muskegon – Opposed
Michael Haueisen – 903 Turner Ave, Muskegon – Opposed
Hannah Hilborn – 3320 Peck Street, Muskegon Heights – Opposed
Dr. Mark Poletti – 3244 Thompson, Muskegon – Opposed
Motion by Vice Mayor German, second by Commissioner Hood, to close public
comment and approve the request to establish a Commercial Rehabilitation
District at 2725 Olthoff Drive.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, German, Gorman, Emory, and
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St.Clair
Nays: None
MOTION PASSES
2022-28 UNFINISHED BUSINESS:
A. Summer Concert Series, Social Sandbox Economic Development
SUMMARY OF REQUEST: Mr. Terry Puffer, through his non-profit organization
Lakeshore Legacy Project, is proposing a recurring concert series to take place
downtown at the Downtown Muskegon Development Corporation owned lot
known as the Social Sandbox. The organization is requesting the City agree to
match their fundraising efforts to put on the concerts.
Mr. Puffer is proposing a concert series that is detailed in the letter provided. He
cites the city’s Downtown Development Authority int eh document but is asking
for any eligible city funds to assist as match dollars. Staff is proposing that the
commission determine willingness and limitation, if any, to assisting with this
event.
STAFF RECOMMENDATION: To partner with the Lakeshore Legacy Project by
matching fundraising for a summer concert series at the Social Sandbox, not to
exceed _______.
Motion by Commissioner Ramsey, second by Commissioner Hood, to table this
item indefinitely.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and
Johnson
Nays: None
MOTION PASSES
B. Rezoning 653 Yuba Street Planning – 2nd Reading
SUMMARY OF REQUEST: Staff initiated request to rezone a portion of the
property at 653 Yuba Street from R-1, Low Density Single Family Residential to B-4,
General Business.
The Planning Commission recommended approval of the rezoning by a 6-0
vote.
STAFF RECOMMENDATION: To approve the request to rezone a portion of the
property at 653 Yuba Street from R-1, Low Density Single Family Residential to B-4,
General Business.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve
the request to rezone a portion of the property at 653 Yuba Street from R-1, Low
Density Single Family Residential to B-4, General Business
ROLL VOTE: Ayes: Ramsey, Gorman, Emory, St.Clair, Johnson, and Hood
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Nays: German
MOTION PASSES
C. Amendment to the Marihuana Facilities Overlay District – Temporary
Marihuana Events at 1800 Peck Street Planning – 2nd Reading
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the
zoning ordinance to allow temporary marihuana events at 1800 Peck Street.
The Planning Commission made two separate motions on the case. The first was
to make a recommendation to the City Commission to approve the request at
470 W Western Ave, which passed by 6-1 vote. The second was to make a
recommendation to the City Commission to approve the request at 1800 Peck
Street, which passed by a 4-3 vote.
STAFF RECOMMENDATION: To approve the request to amend Section 2331
of the zoning ordinance to allow temporary marihuana events at 1800 Peck
Street.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve
the request to amend Section 2331 of the zoning ordinance to allow temporary
marihuana events at 1800 Peck Street.
ROLL VOTE: Ayes: German, St.Clair, Johnson, and Ramsey
Nays: Gorman, Emory, and Hood
MOTION PASSES
ANY OTHER BUSINESS: Mayor Johnson raised the question of how to proceed on
the hiring process for the Public Safety Director and the permanent City
Manager. Due to the vacancy in the position of both the Public Safety Director
and the City Manager, should the new, permanent City Manager be the one to
make the appointment of a Public Safety Director. Also, does the Commission
wish to transition to having a Police Chief and Fire Chief rather than a Public
Safety Director. Discussion took place. A special meeting will be held regarding
an RFP for a permanent City Manager.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission adjourned at 7:45 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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