City Commission Minutes 02-28-2023

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                                  City of Muskegon
                             City Commission Meeting
                                      Minutes


                            February 28, 2023, 5:00 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

Present:              Mayor Ken Johnson
                      Commissioner Rachel Gorman
                      Commissioner Rebecca St.Clair
                      Commissioner Eric Hood
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Staff Present:        City Manager Jonathan Seyferth
                      City Clerk Ann Meisch
                      City Attorney John Schrier
                      Deputy City Clerk Kimberly Young



1.    Call To Order
      Mayor Johnson called the meeting to order at 5:30 p.m.
2.    Prayer
      Vice Mayor German 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
      5.a    Introduce New Staff - Department of Public Works




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           Dan VanderHeide, Director of Public Works, introduced Kyle Karczewski -
           our new Parks & Recreation Director.
     5.b   Ken James from Muskegon Community College
           To present to the City Commission on the work that has been done to
           advance DEI at MCC and in our community.
           Ken James, Chief Diversity Officer with Muskegon Community College
           was in attendance to provide an update to the City Commission regarding
           Diversity, Equity and Inclusion programs and opportunities that are offered
           by his Department.
     5.c   Fair Housing Settlement Update - Community and Neighborhood
           Services
           Presenting Update on Fair Housing of West Michigan settlement with
           Fannie Mae.
           Sharonda Carson, Community and Neighborhood Services Director,
           provided an update on the Fair Housing Settlement.
6.   Public Comment on Agenda Items
     No public comments were received.
7.   Consent Agenda
     Action No. 2023-36
     Motion by: Commissioner Ramsey
     Second by: Commissioner Hood
     To accept the consent agenda as presented, minus item B.
     Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
     Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
     Commissioner Emory
                                                           MOTION PASSES (7 to 0)


     7.a   Approval of Minutes - City Clerk
           To approve the corrected September 13, 2022 minutes and the January
           24, 2023 Regular meeting minutes.
           STAFF RECOMMENDATION: To approve the minutes.



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7.c   Landscaping Contract - Department of Public Works
      Staff requests award of a three-year landscaping services contract to
      Barry’s Greenhouses in the amount of $111,185 (first year) for service
      areas including downtown, City Hall, the Farmers Market, and others.
      Staff has worked with the Downtown BID, DDA, Chamber and other
      stakeholders to develop a landscaping contract that covers a wide array of
      landscaping services currently provided through the City Parks
      Department. There is a desire among the stakeholders to improve the
      level of service being provided, and a desire among city staff to free up
      staffing resources to improve service in other areas of the city parks. The
      RFP was presented to the Commission at the November 7, 2022
      combined work session and regular meeting, and the results were
      discussed with the Commission at the Work Session Meeting on February
      13, 2023.
      The contract proposes eight (8) areas identified on the included map, with
      each area having a distinct scope of work and a proposed assigned cost
      share, as a 3-year contract with optional extensions for a 4th and 5th year.
      The original RFP included work in the Lakeside area, but those
      businesses have decided not to participate at this time.
      The Community Foundation for Muskegon County (CFFMC, via a
      generous donor, is participating in this contract by contributing the full
      amount for the continuation of services at Hackley Park in the amount of
      $36,500 (for the first year).
      The DDA and Downtown BID discussed their future in a joint meeting on
      February 14, 2023. The Downtown BID is expiring at the end of 2023, so
      the organizations have decided to jointly fund their share going forward
      (the BID in year one, and the DDA in the following years). The City will
      manage the contract on behalf of the BID and DDA and invoice for their
      portions ($38,925 in the first year).
      AMOUNT REQUESTED: $27,840 Parks/General and $7,920 Farmers
      Market
      AMOUNT BUDGETED: $0 FY23 and As Needed FY24
      FUND OR ACCOUNT: 101-770 (Parks) and 101-808 (Farmers Mkt)
      STAFF RECOMMENDATION: To authorize staff to enter into a three-year
      contract with Barry's Greenhouses for landscaping services in various
      parts of the City for a first-year contract total of $111,185.

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7.d   Sale of 769 Catawba - Community and Neighborhood Services
      Seeking authorization to sell 769 Catawba to a qualified buyer. The CNS
      Department utilized HOME Investment Partnership Program funds to
      rehabilitate a home at 769 Catawba to sell through our Homebuyer
      Program. Renovations are completed, and a qualified buyer, Jacob
      Insinga, has put in an offer of $134,000 with a $14,000 subsidy, which
      CNS has accepted. Income from this sale will be reinvested in our
      programming.
      STAFF RECOMMENDATION: Adopt the resolution for the sale of 769
      Catawba to Jacob Idsigna and authorize the City Clerk to sign it.
7.e   Relocation Plan - Community & Neighborhood Services
      As an entitlement community that receives CDBG and HOME funds from
      the US Department of Housing and Urban Development (HUD), we are
      required to have a written Residential Antidisplacement and Relocation
      Assistance Plan (RARAP). This plan has been reviewed and approved by
      the regional relocation expert for HUD, Maureen Thurman on February 13,
      2023. The standards set forth in this plan minimizes and prevents
      unnecessary displacement of people within our community for CDBG and
      HOME funded projects.
      STAFF RECOMMENDATION: Adopt the resolution for the approval of the
      Residential Antidisplacement and Relocation Assistance Plan (RARAP).
7.f   1194 Pine Lease Agreement
      Staff is seeking commission approval to adopt lease agreement for 1194
      Pine St. Unit B. Tenant living at 1194 Pine Unit B is subject to protection
      from displacement under the Residential Anti-displacement and
      Relocation Assistance Plan. The Plan was executed by way of the
      Uniform Rental Assistance (URA) Act of 1070 to avoid unnecessary
      displacement triggered by acquisition or demolition of properties
      purchased utilizing CDBG or HOME funds.
      STAFF RECOMMENDATION: To approve the lease agreement for 1194
      Pine Street, Unit B.
7.b   Financing a Fire Pumper Truck - Finance
      At this time, we are seeking authorization to enter into a lease agreement
      with Huntington Bank for the purchase of a Fire Pumper Truck. At the
      August 10, 2021 City Commission meeting the Commission voted to


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           purchase two Fire Trucks. The first truck has already been financed in
           2021. By the beginning of March 2023, the second Fire Pumper Truck will
           be ready to purchase for $761,602.65. At this time, we are seeking
           authorization to enter into a lease agreement with Huntington Bank. The
           proposed terms are for a five-year lease at 4.4% interest rate with the City
           purchasing the truck at the end of the lease for $1. There is a one-time
           $500.00 processing fee.
           AMOUNT BUDGETED: $14,163.97 per month for 60 months
           FUND OR ACCOUNT: 101-50336-5700
           STAFF RECOMMENDATION: To allow staff to enter into a lease
           agreement with Huntington Bank for Fire Pumper Truck.
           Action No. 2023-37
           Motion by: Commissioner St.Clair
           Second by: Vice Mayor German
           To allow staff to enter into a lease agreement with Huntington Bank for
           Fire Pumper Truck.
           Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
           Ramsey, and Commissioner Emory
                                                            MOTION PASSES (7 to 0)


8.   Public Hearings
9.   Unfinished Business
     9.a   Housing Board of Appeals, Demolition 835 W. Forest - Public Safety
           To concur with the Housing Board of Appeals decision to demolish and
           authorize administration to obtain bids for the demolition and that the
           Mayor and Clerk be authorized and directed to execute a contract for
           demolition with the lowest responsible bidder. The Housing Board of
           Appeals has deemed 835 W. Forest Avenue to be in property
           maintenance violation. Property has been a long-standing area of blight
           and public nuisance/hazard.
           STAFF RECOMMENDATION: To concur with the Housing Board of
           Appeals decision to demolish and authorize administration to obtain bids



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             for the demolition and that the Mayor and Clerk be authorized and directed
             to execute a contract for demolition with the lowest responsible bidder.
             Action No. 2023-38
             Motion by: Commissioner Ramsey
             Second by: Commissioner Emory
             To concur with the Housing Board of Appeals decision to demolish and
             authorize administration to obtain bids for the demolition and that the
             Mayor and Clerk be authorized and directed to execute a contract for
             demolition with the lowest responsible bidder.
             Amendment:
             Motion by: Vice Mayor German
             Second by: Commissioner St.Clair
             To table this item until the April 11, 2023 General Session.
             Ayes: (3): Commissioner St.Clair, Commissioner Hood, and Vice Mayor
             German
             Nays: (4): Mayor Johnson, Commissioner Gorman, Commissioner
             Ramsey, and Commissioner Emory
                                                                MOTION FAILS (3 to 4)


             Amendment:
             Motion by: Commissioner St.Clair
             Second by: Commissioner Hood
             To table this item until the March 14, 2023 General Session.
             Ayes: (4): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
             and Vice Mayor German
             Nays: (3): Commissioner Gorman, Commissioner Ramsey, and
             Commissioner Emory
                                                              MOTION PASSES (4 to 3)


10.   New Business
      10.a   Housing Board of Appeals, Demolition - 771 McLaughlin Ave & 1984
             Reynolds St. - Public Safety



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             To concur with the Housing Board of Appeals decision to demolish and
             authorize administration to obtain bids for the demolition and that the
             Mayor and Clerk be authorized and directed to execute a contract for
             demolition with the lowest responsible bidder. Housing Board of Appeals
             has deemed 771 McLaughlin Ave and 1984 Reynolds St. to be in property
             maintenance violation. Property has been a long-standing area of blight
             and public nuisance/hazard.
             STAFF RECOMMENDATION: To concur with the Housing Board of
             Appeals decision to demolish and authorize administration to obtain bids
             for the demolition and that the Mayor and Clerk be authorized and directed
             to execute a contract for demolition with the lowest responsible bidder.
             Action No. 2023-39
             Motion by: Commissioner Ramsey
             Second by: Vice Mayor German
             To concur with the Housing Board of Appeals decision to demolish and
             authorize administration to obtain bids for the demolition and that the
             Mayor and Clerk be authorized and directed to execute a contract for
             demolition with the lowest responsible bidder.
             Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
             Ramsey, and Commissioner Emory
                                                            MOTION PASSES (7 to 0)


11.   Any Other Business
      Vice Mayor German recognizes that it is Black History month and would like to
      pay tribute to several historic black leaders including:

         •   U.S. House Representative, Joseph Hayne Rainey - the first African
             American to serve in the U.S. House of Representatives. The First to
             preside over the House, and the longest-serving Black lawmaker in
             Congress during the Reconstruction era.

         •   Lewis Howard Latimer - an African American inventor and patent
             draftsman of the late 19th and early 20th centuries

         •   Benjamin O Davis, Sr. - the first Black general in the United States Army.
             He led the Tuskegee Airmen during World War II and played an essential
             role in integrating the U.S. Air Force.

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         •   Dr. June Jackson Christmas - Graduate from Vassar College, psychiatrist
             specializing in community mental health care and was mental health
             commissioner for New York City under three mayors. Her fight against
             housing discrimination changed New York City law.

         •   President Barack Hussein Obama - 44th President of the United States
             and the first African American commander-in-chief. He served two terms,
             in 2008 and 2012.
      Community Engagement Manager, Deborah Sweet announced three open
      houses coming up to discuss road projects happening in the City.
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
14.   Adjournment
      Motion by: Vice Mayor German
      Second by: Commissioner St.Clair
      To adjourn the City Commission meeting at 7:43 p.m.
                                                                     MOTION PASSES




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        _________________________
               Respectfully Submitted,
    Ann Marie Meisch, MMC - City Clerk




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