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City of Muskegon
City Commission Meeting
Minutes
January 10, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Absent: Commissioner Eric Hood
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m., on Tuesday, January 10, 2023.
2. Prayer
Pastor Jeff Helbert from Grace Memorial Baptist Church opened the meeting with
a prayer.
3. Pledge of Allegiance
The Commission and public recited the Pledge of Allegiance to the Flag.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
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5.a Audit Presentation - ACFR
Eric VanDop, Brickley DeLong, presented information to the commission
regarding the Annual Comprehensive Financial Report for Fiscal Year
2022.
5.b Muskegon Bicycling Coalition
Raymond McLeod and other members from the Muskegon County
Bicycling Coalition presented the Commission with a gift in appreciation of
the strides made over the past few years with regard to keeping in mind
walkers, bikers, those that use mass transit, etc., in their decision making.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-05
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the consent agenda as presented, minus item D, F, G, H, I, N, O & P.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
Mayor German, Commissioner Ramsey, and Commissioner Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the November 22, 2022 Regular Meeting,
December 12, 2022 Worksession, and December 13, 2022 Regular
Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b Lakeshore Creative Services, LLC - City Clerk
Lakeshore Creative Services, LLC agreement has expired and needs to
be renewed. Staff recommends to approve a two-year agreement and
increase the payment of televised meetings from $400 to $450 each.
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STAFF RECOMMENDATION: To approve the two-year agreement with
Lakeshore Creative Services, LLC for $450 per televised meeting.
7.c Transmittal of 6/30/22 Annual Comprehensive Financial Report -
Finance
The City’s June 30, 2022 Annual Comprehensive Financial Report (ACFR)
will be distributed to the City Commissioners via email and hard copy. The
ACFR will also be available on the City’s website. The ACFR includes the
annual independent auditor’s report as required by state law. At this time
the ACFR is being formally transmitted to the City Commission. The ACFR
has been prepared in accordance with all current Governmental
Accounting Standards Board (GASB) pronouncements and also includes
the single audit of federal grants received by the City. CAFR2022.pdf
(muskegon-mi.gov)
STAFF RECOMMENDATION: To accept the June 30, 2022 ACFR and
authorize staff to transmit the ACFR to appropriate Federal, State and
private agencies.
7.e Leads Online - Public Safety
Electronic reporting for Pawn Shops, secondhand dealers and precious
Metaugem dealers. The purpose of Leads Online is to improve the system
of reporting to law enforcement officials all items collected by pawn
brokers, secondhand dealers and precious metal/gem dealers for the
purpose of aiding law enforcement in locating and retrieving stolen
property. Leads Online has nationwide search capabilities, and email
notification when suspects are active nationwide for National pawn, scrap,
jewelry, firearms, consignment, cell phone re-sale access and online sales
such as Ebay and Offerup. Leads Online has the ability to track suspect
sales activity across the country, access to over 20,000 businesses
reporting and free software, training, and support for local businesses.
Currently the city has no means to collect or view reported data.
FUND OR ACCOUNT: 101-301-861
STAFF RECOMMENDATION: To approve the Police Department to
acquire this 3-year contract with Leads Online program.
7.j CLG Grant Application - Public Works
Staff is seeking Commission approvals for a grant application related to
conservation work at Hackley Park.
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Staff has prepared a grant application to the State Historic Preservation
Office (SHPO) through their Certified Local Government (CLG) program
for funds to complete recommended conservation work at the five (5)
sculptures within Hackley Park. The grant submittal package requires a
commitment of matching funds and a resolution of support. Both are
attached along with the conservators report that highlights the proposed
work.
Staff is seeking $62,440 in grant funds to cover the cost of identified
conservation work at the monuments and proposing to match the grant
application with an estimated $15,000 in cash expenses for equipment
rental. If awarded for funding the work would be completed during the Fall
of 2023. Grant applications are due on February 1st, 2023. Funds would
be budgeted in 23/24 budget cycle if the grant is awarded with the
proposed cash contribution coming from the General Fund line item for
Public Art Maintenance.
As noted in the Conservators Report we plan to also contract for work to
be completed on the McKinley Statue and the Kearny Statue as they are
of similar age and condition. These two structures are ineligible for grant
funding (McKinley is privately owned, and Kearny is outside the
designated historic district boundary). The owners of the McKinley statue
are aware of this and have agreed to participate in the cost for that piece,
the cost for the work at Kearny will be a city responsibility but is ineligible
to count towards the match.
AMOUNT REQUESTED: 23/24 - $96,520 ($77,440 Grant Eligible)
AMOUNT BUDGETED: 23/24 - $96,520 ($77,440 Grant Eligible)
FUND OR ACCOUNT: 101-901-801-092120
STAFF RECOMMENDATION: To approve the grant application to the
CLG program and authorize the Clerk to sign the Commitment of Matching
Funds and Resolution of Support.
7.k Treasury Office Fire Doors - Public Works
Staff is seeking Commission approval to award replacement of the fire
doors at the Treasury Desk.
The existing fire safety doors at the Treasury Department that
automatically deploy in the event of a fire alarm are currently non-
functional and in need of replacement. These doors are a building code
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requirement for compliance and need to be replaced. Staff solicited bids
for the project and bids were received as follows and attached:
• Overhead Door - $45,626.00
• Firefighter Sales and Service - $60,000.00
• Garage Door Specialist – Did Not Bid
• Quality Door – Did Not Bid
Staff estimates the need to expend an additional $8,000 to complete the
miscellaneous items that are not included in the original bid. These items
will be procured at the staff level in accordance with the applicable
provisions of the City Purchasing Policy. This item was anticipated in the
22/23 budget cycle and funds will be drawn from the original budget line
item 101-801-901-092109
AMOUNT REQUESTED: $45,626.00
AMOUNT BUDGETED: $60,000.00
FUND OR ACCOUNT: 101-801-901-092109
STAFF RECOMMENDATION: To approve the low bid from Overhead
Door in the amount of $45,626.00 for the replacement of the Treasury
Department Fire Doors.
7.l Dollar General Utility Easement - Public Works
Staff is seeking Commission approval for a utility easement within 381 E.
Laketon Avenue, where a soon-to-be rebuilt Dollar General store is
making site changes. Staff requested and the developer provided a utility
easement document for rights across the rear parking lot of 381 Laketon
Avenue, which is being rebuilt as a Dollar General store. The easement
documents and related sketches are included in the packet. The
easement will formalize property and maintenance rights for a long-
standing sanitary sewer and storm sewer corridor (in a former alley).
STAFF RECOMMENDATION: To approve the public utility easement
agreement at 381 E. Laketon Avenue and authorize the Clerk to sign on
the City’s behalf.
7.m Street Vacation - Portion of Viridian Drive, East of Terrace Street -
Planning
Staff initiated request to vacate a portion of Viridian Dr, east of Terrace St.
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The portion of the street was vacated in January 2021. However, the legal
description of the street vacation was not accurate and we have been
advised by our legal counsel to redo the process with a more defined legal
description.
The Planning Commission unanimously recommended vacation of the
streets at their December meeting.
STAFF RECOMMENDATION: To approve the request to vacate a portion
of Viridian Drive, east of Terrace Street as described.
7.d Michigan Homeowner Assistance Fund (MIHAF) Application - City
Treasurer
The Homeowner Assistance Fund was established as part of the
American Rescue Plan Act of 2021 (ARP). The State of Michigan
received more than 242 million dollars, to be used to mitigate hardships
associated with the coronavirus pandemic, including utility payments. The
State created the Michigan Homeowner Assistance Fund (MIHAF) to
provide these funds to eligible homeowners. The City Treasurer is
requesting authorization to sign the attached documents to partner with
MIHAF so that any eligible city residents can receive utility payment
assistance.
The Michigan Homeowner Assistance Fund (MIHAF) is a statewide
program that uses federal resources to provide financial assistance to
homeowners who have fallen behind on homeownership-related expenses
because of the COVID-19 Pandemic. It provides funds to eligible entities
for the purpose of preventing homeowner mortgage delinquencies,
defaults, foreclosures, loss of utilities or home energy services, and
displacements of homeowners through qualified expenses related to
mortgages and housing. Eligibility criteria and eligible expenses are
detailed on the attached documents.
Participation in the program does not guarantee our residents will receive
funding from this program; however, it does make them eligible to apply
for funding. If we choose not to partner with MIHAF, our residents cannot
apply for these funds to assist in paying their utility bills.
STAFF RECOMMENDATION: To authorize the City Treasurer to sign all
necessary documents to partner with the Michigan Homeowner
Assistance Fund so that the City will be eligible to receive assistance
payments made on behalf of eligible utility customers.
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Action No. 2023-06
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
To authorize the City Treasurer to sign all necessary documents to partner
with the Michigan Homeowner Assistance Fund so that the City will be
eligible to receive assistance payments made on behalf of eligible utility
customers.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.f Towing Agreement - Public Safety
2023 Towing Contract, Ramos Towing, 2-year contact. Bids were
submitted to the Clerks office on December 13, 2022 with several bidders.
Towing to facility $80.00, Storage fee per day $30.00.
STAFF RECOMMENDATION: To award the 2023 Towing Contract to
Ramos Towing and authorize the Mayor and Clerk to sign.
Action No. 2023-07
Motion by: Commissioner Emory
Second by: Commissioner Gorman
To award the 2023 Towing Contract to Ramos Towing and authorize the
Mayor and Clerk to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
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7.g Janitorial Contract - Arena
Seeking approval of a Janitorial contract with Goodwill Industries to
provide service to Trinity Health Arena. Staff is seeking the approval of the
amendment to the current City Janitorial Contract with Goodwill Industries
- West Michigan to include Trinity Health Arena. Goodwill Industries -
West Michigan was recently approved for a one year extension to their
current contract with the City of Muskegon to include DPW and City Hall.
AMOUNT REQUESTED: $1,080 (60 Events)
STAFF RECOMMENDATION: To authorize staff to add Trinity Health
Arena to the amended City janitorial contract (Goodwill Industries - West
Michigan) which was approved in 2020.
Action No. 2023-08
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To authorize staff to add Trinity Health Arena to the amended City
janitorial contract (Goodwill Industries - West Michigan) which was
approved in 2020.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.h Boys & Girls Club Agreement - Public Works
Staff is proposing to extend the staffing agreement with Boys and Girls
Club through calendar year 2023. Boys and Girls Club provided staffing to
assist with our seasonal staffing needs during the 2022 calendar year,
which was viewed positively by both parties. The original agreement was
approved at the April 12th, 2022 Commission Meeting and included a
clause that allowed for extension if approved by both parties. Staff is
seeking commission approval for the extension.
AMOUNT REQUESTED: $40,000
AMOUNT BUDGETED: $40,000
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FUND OR ACCOUNT: 101-770-801
STAFF RECOMMENDATION: To approve the extension of the staffing
contract with Boys and Girls Club and authorize the Mayor and Clerk to
sign.
Action No. 2023-09
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.i Community EnCompass Agreement - Public Works
Staff is seeking Commission approval to extend the staffing agreement
with Community EnCompass through calendar year 2023. Staff is
proposing to extend the staffing agreement with Community EnCompass
through calendar year 2023. Community EnCompass provided staffing to
assist with our seasonal staffing needs during the 2022 calendar year,
which was viewed positively by both parties. The original agreement was
approved at the April 12th, 2022 Commission Meeting and included a
clause that allowed for extension if approved by both parties. Staff is
seeking commission approval for the extension.
AMOUNT REQUESTED: $21,000
AMOUNT BUDGETED: $21,000
FUND OR ACCOUNT: 101-770-801
STAFF RECOMMENDATION: To approve the extension of the staffing
contract with Community EnCompass and authorize the Mayor and Clerk
to sign.
Action No. 2023-10
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
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To approve the extension of the staffing contract with Community
EnCompass and authorize the Mayor and Clerk to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.n Sale of 1320 Spring Street - City Manager
Staff is requesting approval of a purchase agreement for 1320 Spring
Street.
1320 Spring Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is
$2,580 over asking price and is contingent on the sale of the buyer’s
current home. The earnest money deposit was increased because the
offer is contingent. There are no seller concessions.
The home will serve as a model home until mid-March.
STAFF RECOMMENDATION: To approve the purchase agreement for
1320 Spring Street and authorize the City Manager Jonathan Seyferth or
Deputy City Manager LeighAnn Mikesell to sign.
Action No. 2023-11
Motion by: Commissioner Emory
Second by: Vice Mayor German
To approve the purchase agreement for 1320 Spring Street and authorize
the City Manager Jonathan Seyferth or Deputy City Manager LeighAnn
Mikesell to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
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7.o Sale of 750 Leonard Avenue - City Manager
Staff is requesting approval of a purchase agreement for 750 Leonard
Avenue. 750 Leonard Avenue was constructed through the agreement
with Rudy Briggs to construct infill housing with ARPA funding. The offer
is for full asking price with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
750 Leonard Avenue and authorize the City Manager Jonathan Seyferth
or Deputy City Manager LeighAnn Mikesell to sign.
7.p Sale of 1499 Hoyt Street - City Manager
Staff is requesting approval of a new purchase agreement for 1499 Hoyt
Street.
1499 Hoyt Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. With seller
concessions, the offer equates to the list price.
An earlier agreement has been rescinded.
STAFF RECOMMENDATION: To approve the purchase agreement for
1499 Hoyt Street and authorize the City Manager Jonathan Seyferth or
Deputy City Manager LeighAnn Mikesell to sign.
Action No. 2023-12
Motion by: Commissioner Emory
Second by: Commissioner St.Clair
To approve the purchase agreement for 750 Leonard Avenue and 1499
Hoyt Street and authorize the City Manager Jonathan Seyferth or Deputy
City Manager LeighAnn Mikesell to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
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8. Public Hearings
8.a Brownfield Plan Amendment, 1st Amendment, Adelaide Pointe
QOZB, LLC
Approval for Brownfield Plan Amendment,1st Amendment for Adelaide
Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the
attached resolution.
Adelaide Pointe QOZB, LLC is seeking a Brownfield Plan Amendment (1st
Amendment) for the Adelaide Pointe Project; a 35-acre mixed use
waterfront development project including winter boat storage, marina
space, In/Out forklift boat storage, commercial/retail, and up to 400
housing units. The initial Brownfield Plan Amendment was approved by
the BRA on Oct 12, 2021 and City Commission on Oct 26, 2021.
In Dec. 2020, the developer’s environmental consultant (Fishbeck)
completed a Phase II Environmental Site Assessment (ESA) and a
Baseline Environmental Assessment. This plan includes $12,404,400 in
total EGLE and non-environmental local only eligible costs as well as
$24,379,064 in total MSF eligible costs. The developer is seeking to add
state school tax capture for reimbursement of costs related to Michigan
Strategic Fund (MSF) eligible activities during the first three immediate
phases of redevelopment.
The City proposed to use a bond proceed of $8,101,388 to pay eligible
site preparation and public infrastructure costs that include public
roadways, a reconfiguration of West Western Ave, as well as a water
main, sanitary sewer and storm sewer utilities. The local-only EGLE
eligible costs are $3,250,000 which include due care activities - $500,000
vapor intrusion mitigation, $1,500,000 soil capping, $250,000 dewatering
and $1,000,000 for the dredging and removal of soil contaminants. Local-
only MSF eligible costs are $5,810,000 which include $500,000
demolition, $250,000 asbestos abatement, $3,160,000 site preparation.
Capture of tax increment revenues for City reimbursement is anticipated to
commence in 2023 and end in 2031. Developer reimbursement will follow
with an estimated start date of 2023. The anticipated end date for
Developer reimbursement is 2046. It is projected that the Plan
Amendment will extend 29 years, which assumes five years of additional
capture of tax increment revenues for deposit into a Local Brownfield
Revolving Fund, if available.
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The contingency percentage, interest request, and the annual
administrative fee will remain the same as previously stated on Oct. 26,
2021 during the scheduled City Commission meeting approving the initial
Brownfield Plan Amendment. The interest is included for all accrued and
unreimbursed eligible activities on a yearly basis. The BRA approved the
revised BPA on Dec. 13, 2022 and recommends the approval of the BPA
by the Muskegon City Commission on Jan. 10, 2022. The Muskegon City
Commission and BRA approved the Brownfield Development &
Reimbursement Agreement, on Dec. 13, 2022. A signed copy from the
Muskegon City Commission was not able to be secured by the submission
date for the 1/10 City Commission meeting. Staff will be sure to send the
signed DRA to the city clerk once the document is available.
STAFF RECOMMENDATION: To close the public hearing and to approve
the resolution for the Brownfield Plan Amendment, 1st Amendment for the
Adelaide Pointe Project authorizing the Mayor and City Clerk to sign.
Contessa Hood, Development Analyst, presented information to the
Commissioners.
Public Hearing Commenced: Jamie Cross, there will be changes to the
development - reducing slips to 215 from 280, acreage reduced as well.
Going to planning commission along with several others. Several factors
are being reduced.
Planning and Economic Development Director, Jake Eckholm, spoke
regarding some of the changes that are being made to the Adelaide
Pointe plan.
Action No. 2023-13
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To close the public hearing and to approve the resolution for the
Brownfield Plan Amendment, 1st Amendment for the Adelaide Pointe
Project authorizing the Mayor and City Clerk to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
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MOTION PASSES (6 to 0)
9. Unfinished Business
10. New Business
11. Any Other Business
Commissioner Gorman spoke about a joint meeting held with Muskegon Public
Schools last year, one of the follow up items was to provide city updates to MPS
to add to the Muskegon Mirror Publication. Thank you to Deputy Manager
LeighAnn Mikesell for following up to make sure that happened.
Commissioner Ramsey asked the Clerk to inform on changes seen with the
agenda and packets. The Clerk's Office is in the process of onboarding a new
software program for agendas and minutes which will include the ability easily
search and watch specific portions of the meeting.
Commissioner Emory previously asked the Clerk to forward MML Code of Ethics
and another link from the State, she would like for this commission to adopt a
"Code of Ethics". Mayor Johnson indicated that this can be brought to a
Legislative Policy Meeting, possibly in February.
12. Public Comment on Non-Agenda items
• Reminder: Individuals who would like to address the City Commission
shall do the following:
• Fill out a request to speak form attached to the agenda or located in the
back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission
• (Speaker representing a group may be allowed 10 minutes if previously
registered with City Clerk.)
Public comments were received.
13. Closed Session
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14. Adjournment
The City Commission meeting adjourned at 7:13 p.m.
_________________________
Ann Marie Meisch, MMC – City Clerk
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