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City of Muskegon
City Commission Meeting
Minutes
August 7, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood (arrived at 6:50 p.m.)
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 Ken Johnson called the Muskegon City Worksession/General Session
meeting to order at 5:30 p.m.
2. Prayer
In lieu of an opening prayer, a moment of silence was observed.
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
5. Honors, Awards, and Presentations
5.a Introduction of Staff
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City Clerk Ann Meisch introduced the new Elections Coordinator Shelly
Stibitz. The City Clerk's Office is excited to have Shelly join our team as
we enter into a presidential election year with several constitutional
changes regarding elections.
5.b HOME ARP Plan - Community and Neighborhood Services
Community and Neighborhood Services Director, Sharonda Carson,
presented information regarding the HOME ARP Plan. The HOME ARP
Plan is on the agenda for approval at tonight's meeting.
5.c Parks & Recreation Master Planning Update - Public Works
Parks and Recreation Director, Kyle Karczewski, presented information
regarding the Parks and Rec Master Plan Update. There will be
opportunities for public input in multiple formats. The Parks & Recreation
Department is seeking feedback from residents about what they would like
to see in the city's parks. They will focus on areas that had low response
rates in the 2020 survey. Aside from digital marketing, the Parks & Rec
department will also be engaging the community in person and at a variety
of events throughout the city over the next several weeks. The
Department is also planning several pop-up parties at parks throughout
the city in order to provide an opportunity to allow residents to provide
feedback, make requests, and offer suggestions.
5.d Lakeside Business Improvement District Special Assessment -
Economic Development
The Lakeside Business Improvement District is requesting a special
assessment for three more years starting in January of 2024.
Dave Alexander, Community Engagement Specialist, presented on the
Lakeside Business Improvement District Special Assessment. The
Lakeside Business Improvement District is requesting a special
assessment for three more years starting in January of 2024.
Funds from the Lakeside BID assessment in 2021-2023 has allowed for
the BID to cover items that keep the integrity of the business district.
Funds have been used to cover snow removal, Christmas decorations,
landscaping and maintenance, Lakeside events, and advertisements in
the Visitor's Guide.
In order to continue these services, the Lakeside BID has requested a
final three-year assessment at a 20% reduction of 2024-2026, continuing
with the current district boundaries. Class A properties will have a per
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parcel rate of $0.04 per square foot of lot size for a Commercial Property,
not to exceed $1,600, and $0.02 per square foot of lot size for an
Industrial, Automotive or Utility Property, not to exceed $1,600. The
special assessments will be in winter tax bills. After the additional three
years is complete, the BID will transition into the CIA.
City staff has provided a Special Assessment Packet that outlines the
overview of the request, a letter from the City of Muskegon Assessor, the
budget recommendation and explanation, and the properties included in
the assessment. City staff will introduce the request at the Work Session
on August 7th, 2023 and bring it to the City Commission meeting on
August 22nd, 2023.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-86
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the consent agenda as presented, minus item E - item B has been
removed for consideration at a later date.
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 June 29, 2023 Goal Setting Meeting and
the July 25, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b Updated Property Maintenance Code - Public Safety - REMOVED PER
STAFF REQUEST
7.c Fire Station #5 Roofing Project - Public Safety
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Bid tabulations were requested and accepted from Garland. Ostrander
Roofing was the lowest for a project pricing of $47,000.00. Other bids
were from Excel Roofing with project pricing of $49,000.00 and Hoekstra
Roofing with project pricing of $60,000.00.
Garland budgets for the materials and estimated freight fees for a total of
$29,983.00 There is also estimated costs for structural evaluation at
$3500.00.
The project total is $80,483.00.
STAFF RECOMMENDATION: To approve the budget requested for the
Marquette Fire Station roofing project and award the project to Ostrander
Roofing.
7.d HOME ARP Plan - Community & Neighborhood Services
Staff has consulted with many agencies, utilized data from Point in Time
(PIT) Count, data from the housing assessment ad feedback from the
community to determine the best use of these HOME ARP funding.
Top Priorities: quality affordable housing, move- in expenses, case
management and emergency shelter.
Four Qualifying Populations:
1. Homeless as defined in 24 CFR 91.5;
2. At risk of Homelessness as defined in 24 CFR 91.5;
3. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence,
Sexual Assault, Stalking, or Human Trafficking (referred to herein
as domestic violence/sexual assault/trafficking); and
4. Other populations who do not qualify under any of the populations
above but meet one of the following criteria:
• Other Families Requiring Services or Housing Assistance to
Prevent Homelessness
• Those at Greatest Risk of Housing Instability
To conclude, staff is recommending the use of funding for housing
initiatives within the city limits, funding set aside to assist agencies with
supportive services for those considered as the qualifying population and
funding to establish a Community Housing Development Organization
(CHDO).
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AMOUNT REQUESTED: $1,200,000
FUND OR ACCOUNT: HOME
STAFF RECOMMENDATION: To approve HOME ARP plan.
7.f West Urban PILOT Agreement 3rd Amendment - Development
Services
Staff is requesting to amend the existing infill PILOT agreement between
the City and West Urban Properties by removing some lots and adding
others.
The City has previously entered into an agreement with West Urban
Properties to construct 100 homes for rental and potential owner-occupied
stock in our residential neighborhoods. Staff has been working to refine
the selected lots as stated in commission meetings for previous
amendments.
This item proposes to remove 2358 Dowd, 621 Jackson, 608 Jackson,
601 Jackson, 579 Jackson, 558 Jackson, and 553 Jackson from the
approved PILOT Agreement, and add 1974 Dowd, 1100 Washington, 432
Monroe, 1315 Ducey, 1325 Wesley, 1085 Marquette, 1355 Adams, 1366
Leonard, 912 Hackley, 1056 Windsor, 2347 Hudson, 828 W. Southern,
900 W. Grand, 462 Washington, 1456 Park, 1514 Park, and 314 Grand.
Staff may return with additional lots to add and/or remove to this
agreement exhibit as we clear title and assess buildability through phases.
STAFF RECOMMENDATION: To approve the 3RD Amendment to the
West Urban PILOT Agreement as presented, and to authorize the Mayor
and Clerk to sign.
7.g Termination of Downtown Muskegon Development Center (DMDC)
Parking Easement Agreements at 387 and 401 Morris - Manager's
Office
Easements were discovered as part of the closing process with the DMDC
to sell Units 1 and 2, otherwise known as the Morris Avenue Parking Lot,
to the City. The City and DMDC have since agreed that the Easements
are no longer needed and are therefore terminated, abandoned, and of no
further force or effect.
On June 13, the commission authorized the purchase of DMDC-owned
parking lots at 387 and 401 Morris Avenue to the City. These are lots
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behind the Chamber of Commerce and Russell Block/Century Club
buildings.
The Closing on Units 1 & 2 occurred on July 19th. There are two
exceptions on the title commitment for the parking lot that have to do with
two Easements granted by the City for the benefit of the old Muskegon
Mall property. The City entered into two Parking and Access Easement
Agreements with Muskegon Properties Company, Inc., dated March 26,
1991. The City and DMDC have since agreed that the Easements are no
longer needed and are therefore terminated, abandoned, and of no further
force or effect. Legal counsel has prepared a Mutual Termination of
Easements that was reviewed and approved by the title company as part
of the property closing.
STAFF RECOMMENDATION: To approve terminating two existing
Parking and Access Easement Agreements for Units 1 and 2 as part of
the property closing at 387 and 401 Morris St.
7.h Amendment to the Zoning Ordinance - Fencing - Planning
This is a staff-initiated request to amend the fencing ordinance to clarify
the types of fences allowed. This is an effort to improve the quality of
fences erected throughout the City. The Planning Commission
unanimously recommended approval of the amendment.
STAFF RECOMMENDATION: To approve the request to amend the
fencing ordinance as proposed.
SECOND READING REQUIRED
7.i Amendment to the Zoning Ordinance - Residential Design Criteria -
Planning
To approve the request to amend the fencing ordinance as proposed.
Many of the changes are small and for clarification reasons. Some
requirements were removed because they are requirements already listed
in the building codes. The removal of storage requirements and house
widths on small lots are the biggest proposed changes.
The Planning Commission unanimously recommended approval of the
amendment.
STAFF RECOMMENDATION: To approve the request to amend the
residential design criteria ordinance as proposed.
SECOND READING REQUIRED
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7.j Sale of 180 Houston Avenue - Manager's Office
Staff is seeking approval of the sale of 180 Houston Avenue.
In late 2020, the commission approved an agreement with Community
EnCompass to construct affordable homes. The goals of the agreement
were to further our economic equity efforts and create diversity of housing
price points as we build housing infill. The agreement has been amended
over time, and the project is now part of our ARPA infill housing initiative
and our scattered site brownfield. We have received a purchase
agreement on the first home located at 180 Houston Avenue. The offer is
for $150,000, a full price offer, with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
180 Houston Avenue.
7.e Legal Representation for Tax Appeals for Property Tax Classification
for Marihuana Operations - Finance
The City of Muskegon is seeking to reach an agreement with Hallahan &
Associates, P.C. for Marihuana tax appeals at the State Tax Commission
and Michigan Tax Tribunal.
Parmenter Law which normally represents the City of Muskegon,
recommends that we use this law firm because of their expertise in these
types of tax appeals. This Law Firm has been hired by other
municipalities across the State to represent them for this unique property
tax classification appeal. We thought it would be in our best interest to
use this law firm because they are familiar with tax appeals from the
Marihuana businesses.
Fees for service will be calculated at hourly rate of $215 for attorneys and
an hourly rate of $100 for law clerks and assistants.
FUND OR ACCOUNT: 101 Legal Fees
STAFF RECOMMENDATION: To authorize the Finance Director to enter
into an agreement with Hallahan & Associates, P.C. for Marihuana tax
appeals.
Action No. 2023-87(e)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
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To authorize the Finance Director to enter into an agreement with
Hallahan & Associates, P.C. for Marihuana tax appeals, not to exceed
$10,000.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
ABSTAINED: (1): Commissioner Hood
MOTION PASSES (6 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Designation of Voting Delegates for the Michigan Municipal League
Annual Meeting - City Clerk
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.
STAFF RECOMMENDATION: To appoint an official representative and
alternate representative to be in attendance and to cast the vote of the
municipality at the Annual Business Meeting of the Michigan Municipal
League Convention.
Action No. 2023-88(a)
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
To appoint Mayor Ken Johnson as an official representative and City Clerk
Ann Meisch as alternate representative to be in attendance and to cast the
vote of the municipality at the Annual Business Meeting of the Michigan
Municipal League Convention.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
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MOTION PASSES (7 to 0)
10.b City ARPA Community Grant Proposals - Manager's Office
To review and consider eligible grant proposals, as presented by the
ARPA Community Grant Review Committee.
STAFF RECOMMENDATION: To approve the list of eligible grant
proposals for funding as provided by the City ARPA Community Grant
program.
1. I move to withdraw the grant proposal received from Pioneer Resources
from consideration as part of the slate of recommended projects
presented to the City Commission, under the City ARPA Community Grant
Program.
2. I move to approve the list of eligible grant proposals for funding, under
the City ARPA Community Grant Program, as presented to the City
Commission, excluding the application from Pioneer Resources.
3. I move to approve the City ARPA Community Grant program application
proposal from Pioneer Resources, pursuant to the completion of required
conflict of interest.
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RATED PROJECT (45) Requested Recommended Funded
PROPOSALS Total
Pts
Organization Average $2,825,000.00 $1,600,000.00
AgeWell Services* 42.3 $25,000.00 $25,000.00 100.00%
Every Woman's 41.5 $120,000.00 $120,000.00 100.00%
Place*
MI Crossroads 40.2 $25,000.00 $25,000.00 100.00%
Council, BSA
Samaritas 39.8 $250,000.00 $100,000.00 40.00%
NA McLaughlin 39.7 $250,000.00 $100,000.00 40.00%
NA Nelson 38.7 $168,000.00 $100,000.00 59.52%
Neighborhood
Improvement
Association*
West Michigan 38 $50,000.00 $50,000.00 100.00%
Concert WINDS
Pioneer Resources, 37.3 $200,000.00 $150,000.00 75.00%
Inc.*
Volunteer for Dental* 37.2 $50,000.00 $50,000.00 100.00%
Muskegon Christian 37.2 $175,000.00 $175,000.00 100.00%
School
West Michigan 37 $200,000.00 $100,000.00 50.00%
Symphony
Unity Beauty Salon & 36.3 $50,000.00 $50,000.00 100.00%
Spa LLC*
Tiki Boiz LLC 36 $50,000.00 $50,000.00 100.00%
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Rake Beer Project 35 $25,000.00 $25,000.00 100.00%
LLC
Kids Food Basket* 34.8 $250,000.00 $100,000.00 40.00%
Mount Zion Church of 34.5 $37,000.00 $37,000.00 100.00%
God in Christ
Boys and Girls Club* 34.3 $250,000.00 $50,000.00 20.00%
Open Gates of Grace 33.3 $250,000.00 $100,000.00 40.00%
Ministries*
Soul Filled 33.2 $100,000.00 $100,000.00 100.00%
Enterprises*
Servicios De 33 $25,000.00 $25,000.00 100.00%
Esperanza LLC*
NA Sheldon Park 30 $25,000.00 $8,000.00 32.00%
Neighborhood
Improvement
Association
NA Jackson Hill* 27.3 $250,000.00 $60,000.00 24.00%
AMOUNT REQUESTED: $1,600,000
FUND OR ACCOUNT: 482-901-982-
Action No. 2023-88(b)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the list of eligible grant proposals for funding, under the City
ARPA Community Grant Program, as presented to the City Commission,
excluding the application from Pioneer Resources.
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Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
Emory
Nays: (1): Vice Mayor German
MOTION PASSES (6 to 1)
11. Any Other Business
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 7:35 P.M.
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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