City Commission Minutes 07-25-2023

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                                 City of Muskegon
                             City Commission Meeting
                                     Minutes


                               July 25, 2023, 5:30 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

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

Absent:               Commissioner Rachel Gorman
                      Commissioner Michael Ramsey

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



1.    Call To Order
      Mayor Ken Johnson called the Muskegon City Commission meeting to order at
      5:30 p.m.
2.    Prayer
      Pastor Dwayne Riley, Crestwood United Methodist Church, opened the meeting
      with a prayer.
3.    Pledge of Allegiance
      The Pledge of Allegiance to the Flag was recited by the Commission and the
      public.
4.    Roll Call
      As recorded above



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5.   Honors, Awards, and Presentations
     5.a   MCC Student Recognition
           The Police Department would like to recognize Alexander Smith and Alex
           Near for their hard work on designing the wrap for the new City community
           bus donated by Ramos and Sons. Alexander and Alex are students at
           Muskegon Community College working on their Associate of Arts and
           Science in Graphic Design. Their creativity skills captured the essence of
           our great city and will be displayed throughout our neighborhoods at
           various community engagement events.
           Emily Morgenstern, Police Community Coordinator for the Public Safety
           Department, recognized Dave Ramos, of Ramos Towing for his donation
           of the shuttle bus to the Muskegon Police Department. The outside of the
           shuttle bus was given a makeover thanks to the creative minds of
           Muskegon Community College students Alex Near and Alexander Smith,
           along with their Instructor, Kevin Kaiser. The Shuttle bus is currently
           being used for Pop Up parties in local neigborhoods throughout the city,
           providing an opportunity for positive interactions between residents and
           law enforcement.
     5.b   Introduce New Staff
           City Manager Jonathan Seyferth introduced Derrick Oakes, Muskegon
           County HR Representative, who will be on-site in city hall to work with
           staff.
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-81
     Motion by: Commissioner St.Clair
     Second by: Vice Mayor German
     To accept the consent agenda as presented, (item E has been removed from the
     agenda), minus item C and H.
     Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood, Vice
     Mayor German, and Commissioner Emory
     Absent (2): Commissioner Gorman, and Commissioner Ramsey



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                                                      MOTION PASSES (5 to 0)


7.a   Approval of Minutes - City Clerk
      To approve the minutes of the June 27, 2023 Regular Meeting, July 10,
      2023 Worksession, and July 11, 2023 Regular Meeting.
      STAFF RECOMMENDATION: To approve the minutes.
7.b   MML Workers' Compensation Fund Board Ballot
      As a member of the Michigan Municipal League's (MML) Worker's
      Compensation Fund, the City of Muskegon votes for the fund's board
      members. The Commission must approve a slate of up to six candidates.
      The recommended slate of candidates can be found on the page following
      the memo.
      As a member of the Michigan Municipal League's (MML) Worker's
      Compensation Fund, the City of Muskegon votes for the fund's board
      members. The Commission must approve a slate of up to six candidates.
      The recommended slate of candidates can be found on the page following
      the memo include the following individuals.
      First Term Recommendations:

         •   Christine Burns, Manager, Village of Spring Lake

         •   Juan Ganum, Manager, City of Bridgeman

         •   Kevin Klynstra, Mayor, City of Zeeland
      Re-election to Second Terms Recommendations:

         •   Devin Olson, Manager, City of Munising

         •   Adam Smith, Manager, City of Grand Ledge

         •   David J Toosava, Mayor, City of Hastings
      STAFF RECOMMENDATION: To approve the MML Worker’s
      Compensation Fund Board of Trustees slate as presented and authorize
      the City Manager to sign.
7.d   Deputy City Manager Contract - Manager's Office
      The City Commission had indicated a desire to see the Deputy Manager’s
      position memorialized with its own contract. This contract is based largely


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      on the City Manager’s contract and notes that the DCM position is outside
      the Civil Service.
      The contract is based largely on the City Manager’s contract
      and includes benefits provided to other department/division heads.
      Key Highlights:
      - Car allowance
      - Educational allowance (with a passing grade)
      - Remote work option (structured and reviewed annually)
      - Contract would be retroactive to May 1, 2023
      AMOUNT REQUESTED: $144,000
      FUND OR ACCOUNT: 101-172-5100/various
      STAFF RECOMMENDATION: : To approve the Deputy City Manager’s
      contract as presented and authorize the Mayor and Clerk to sign.
7.f   Water Supply System Bonds - Finance
      Ordinance authorizing the issuance of Water Supply System Junior Lien
      Revenue Bonds.
      To authorize the issuance of Water Supply System Bonds in an amount
      not to exceed $8,865,000. The Bonds are expected to be sold to the
      Michigan Finance Authority and payable in 20 annual principal
      installments at an interest rate of 1.875%. Scheduled closing is September
      20th.
      Estimated Principal Forgiveness: These numbers are still being finalized
      and do not include the reductions for the ARPA Grant and principal
      forgiveness, which is 75% of the project cost amount, leaving the amount
      of the loan to be repaid of $2,216,250.
      STAFF RECOMMENDATION: To approve the ordinance authorizing the
      issuance of Water Supply System Revenue Bonds.
7.g   Sanitary Sewer Collection System Bonds - Finance
      Ordinance authorizing the issuance of Sanitary Sewer Collection System
      Junior Lien Revenue Bonds.
      To authorize the issuance of Sanitary Sewer Collection System Bonds in
      an amount not to exceed $3,910,000. The Bonds are expected to be sold
      to the Michigan Finance Authority and payable in 20 annual principal



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      installments at an interest rate of 1.875%. Scheduled closing is September
      20th.
      Estimated Principal Forgiveness is approximately $1,955,000.
      STAFF RECOMMENDATION: To approve the ordinance authorizing the
      issuance of Sanitary Sewer Collection System Revenue Bonds.
7.c   Tax Foreclosure City Property Acquisition 2023 - Economic
      Development
      Staff is seeking approval to purchase various vacant lots for infill housing
      and homes for rehab prior to their procession to the Tax Foreclosure
      Auction.
      We have received the list of properties and structures in the city limits that
      are proceeding to the tax auction. Staff has compiled the attached list that
      we feel are in the public interest for the City of Muskegon to acquire for the
      purposes of new construction infill housing, as well as affordable housing
      rehabs through CNS. We anticipate that most of these properties will be
      built on in calendar 2024 and will be a blend of for-sale and for-rent
      product.
      The lots are requested for purchase as follows:

         •   1974 Dowd ($1,216.50)

         •   647 Marquette ($520.79)

         •   77 Hartford ($726.68)

         •   1278 Pine ($508.27)

         •   611 Leonard ($655.03)

         •   1124 Langeland ($981.66)
      Total for Lots: $4,608.93
      The house requested for CNS Rehab is 1295 James ($5,610.34)
      STAFF RECOMMENDATION: To approve the purchase of the properties
      on the 2023 Tax Auction List as presented, and to authorize the city
      manager or his designee to close on the properties.
      Action No. 2023-82(c)
      Motion by: Vice Mayor German
      Second by: Commissioner St.Clair

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      To approve the purchase of the properties on the 2023 Tax Auction List as
      presented, with the exception of 1295 James Street, and to authorize the
      city manager or his designee to close on the properties.
      Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
      Vice Mayor German, and Commissioner Emory
      Absent (2): Commissioner Gorman, and Commissioner Ramsey
                                                    MOTION PASSES (5 to 0)


7.e   AT&T Lease Agreement Renewal - DPW - REMOVED PER STAFF
      REQUEST
7.h   Update to Paid Parking Policy - Manager's Office
      The Paid Parking Policy was approved in January 2021. At the request of
      the City Manager and Commissioners, the policy has been updated to
      allow 2 free passes per city residence. In addition to the property tax
      database, city utility bills can serve as proof of residency.
      STAFF RECOMMENDATION: To approve the amendment to the Paid
      Parking Policy.
      Action No. 2023-82(h)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Emory
      To approve the amendment to the Paid Parking Policy and to publish
      Proof of Residency Parameters as determined by the City Manager to
      relevant sections of the city's website.
      Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
      Vice Mayor German, and Commissioner Emory
      Absent (2): Commissioner Gorman, and Commissioner Ramsey
                                                    MOTION PASSES (5 to 0)




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8.    Public Hearings
      8.a    Creation of a Redevelopment Area District - Planning
             Request to approve the “Redevelopment Area District” pursuant to Public
             Act 501 of 2006, which will allow the issuance of liquor licenses under
             certain circumstances within the proposed “Redevelopment Area District.”
             STAFF RECOMMENDATION: To approve the “redevelopment area
             district” pursuant to Public Act 501 of 2006.
             Planning Manager, Mike Franzak, provided an overview of the request to
             create a Redevelopment Area District.
             PUBLIC HEARING COMMENCED: No public comments were received.
             Action No. 2023-83
             Motion by: Commissioner St.Clair
             Second by: Commissioner Hood
             To close the public hearing and approve the “redevelopment area district”
             pursuant to Public Act 501 of 2006.
             Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
             Vice Mayor German, and Commissioner Emory
             Absent (2): Commissioner Gorman, and Commissioner Ramsey
                                                                MOTION PASSES (5 to 0)


9.    Unfinished Business
10.   New Business
      10.a   Issuance of a Redevelopment Area Liquor License at 350 W. Western
             Ave - Planning
             Request to issue a Redevelopment Area Liquor License to 18th
             Amendment at 350 W Western Ave pursuant to Public Act 501 of 2006.
             18th Amendment, located at 150 W Western would like to change their
             liquor license type from a distillery to a traditional liquor license. With none
             available, they have applied for a Redevelopment Area Liquor License
             through Public Act 501 of 2006. Please see the statement from the
             Assessors Department regarding the qualification of the investment levels
             in the Redevelopment Area.


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             STAFF RECOMMENDATION: To approve the Redevelopment Area
             Liquor License to 18th Amendment at 350 W. Western Avenue.
             Action No. 2023-84
             Motion by: Commissioner St.Clair
             Second by: Commissioner Hood
             To approve the Redevelopment Area Liquor License to 18th Amendment
             at 350 W. Western Avenue.
             Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
             Vice Mayor German, and Commissioner Emory
             Absent (2): Commissioner Gorman, and Commissioner Ramsey
                                                              MOTION PASSES (5 to 0)


11.   Any Other Business
      11.a   Public Restroom Availability at Arena
             Commissioner St.Clair asked for an update about the status of allowing
             use of public restrooms at Trinity Health Arena and if they were available
             during Rebel Road. They were available for the most part but locked when
             staff left for the day. There are issues with the locks, they will be fixed.
      11.b Shoreline Drive Update
             DPW Director Dan VanderHeide informed the commission that Shoreline
             Drive has been staged and equipped for Phase 2 of the PILOT Road Diet.
             They are waiting for MDOT authorization before restriction of traffic is
             imposed.
      11.c   Community Engagement Update
             Community Engagement Director, Deborah Sweet, announced that the
             first edition of the monthly e-newsletter will be released tonight. Deborah
             Sweet was tasked with creating this e-newsletter and it will be published
             monthly. Content was provided by C2EM Committee. Subscription to the
             e-newsletter is available. Also, a printed newsletter will be coming soon.
             The Connect Muskegon Hub is up and running and there are 10-12
             projects available for those interested to learn more about.
      11.d Community Engagement Recognition



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       City Manager, Jonathan Seyferth, announced that Deborah Sweet and the
       Community Engagement team was recognized by the software company,
       ZenCity, for the teams use of the Public Engagement product, they are
       used an example for other municipalities and are in the top 5% of content
       creators. Great job.
11.e   Special Meeting Reminder
       City Manager Jonathan Seyferth, reminded everyone of the Special
       Commission Meeting scheduled August 2, 2023 at 1:00 to review ARPA
       grant applications. He is trying to get a feel for what the expectation is
       from the commission for the meeting next week. There is a good number
       of applications to review and there is not necessarily an expectation to
       vote at the Special Meeting. They will review, discuss, and deliberate, and
       determine a course forward but the commission does reserve the right to
       vote on items if they are so inclined.
11.f   Lakeshore Innovator of the Year Reception
       Mayor Johnson announced that there will a reception to recognize and
       honor finalists for the Lakeshore Innovator of the Year Award. Mike
       Franzak and the Planning Team are among the finalists.
11.g Clean Slate Legislation
       Public Safety Director Kozal announced that his staff has been diligently
       updating 25,000 records for individuals that had convictions set aside due
       to the Clean Slate Legislation that was recently passed. He commended
       his staff and their diligence in processing the updates to records and
       expects to continue to receive more notices to set aside convictions
       impacted by this legislation for some time.
11.h August 8 Election Reminder
       City Clerk Ann Meisch announced that we are holding a primary on
       August 8, 2023 for Ward II and Ward IV and there will be no city
       commission meeting that night.
11.i   Campaign Signs
       Vice Mayor German raised concerns about candidate signs that have
       been coming up missing.
11.j   Parks & Recreation Advisory Committee Deadline to File




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             Mayor Ken Johnson announced that the deadline to file for the Parks &
             Recreation Advisory Committee is July 27, 2023.
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
      The City Commission meeting adjourned at 6:44 p.m.
      Motion by: Commissioner Hood
      Second by: Commissioner Emory
      To adjourn.



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




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