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City of Muskegon
City Commission Meeting
Minutes
August 22, 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
Mayor Ken Johnson called the City Commission meeting to order at 5:33 p.m.
2. Prayer
Pastor Adam Dollar, Evanston Avenue Baptist Church, opened the meeting with
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
5. Honors, Awards, and Presentations
5.a Resident Honored for Life Saving Measures
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Jenny Hart-Locke was awarded the Citizen CPR Life Saving Award in
recognition of exceptional lifesaving efforts rendered to a citizen in distress
on July 19, 2023 at The Deck, 1601 Beach Street, in the City of
Muskegon. Jenny's act of heroism was a critical link in the patient's chain
of survival and her dedication to the preservation of life is to be
commended.
5.b Muskegon Fire Departments 150th
Deborah Santiago-Sweet spoke about the City of Muskegon's Fire
Departments 150th Celebration which includes a blood drive, parade,
luncheon, community specials, and merchandise sales. A detailed
schedule of celebration events can be found at mkgcity.com/mfd150
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-89
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the consent agenda as presented, minus item 7e, 7f, 7h, 7o, and 7p.
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 August 2, 2023 Special Worksession
Meeting and the August 7, 2023 Worksession/General Session Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b Certification of MERS Representatives - Finance
Assigning Delegates for MERS Conference -
The MERS plan document provides that “the governing body for each
municipality shall certify the names of (2) delegates to the Annual Meeting.
One delegate shall be a member who is an officer of the municipality
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appointed by the governing body of the municipality. The other delegate
shall be a member who is not an officer of the municipality, elected by the
member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based
on date of joining MERS) to select one official employee representative.
This year the official employee representative attending the MERS
conference will be Dave Baker from Non-Union Unit.
The Officer Delegate will be Kenneth D. Grant, Finance Director this year.
AMOUNT REQUESTED: $510 plus travel
FUND OR ACCOUNT: 677-272-861
STAFF RECOMMENDATION: To approve Kenneth Grant (Finance
Director) as designated delegate to MERS Conference and to make Dave
Baker employee representative.
7.c Munetrix Contract - Finance
Renewal of the Munetrix Contract for three years. Munetrix is software
program that is used by the city to fulfill the State of Michigan’s guideline
for transparency and City Village Township Revenue Sharing reporting
requirements. It is also a performance analytical tool that is used by our
citizens and others communities for comparative information.
AMOUNT REQUESTED: $6,626 per year for three years. Total costs
$19,878.00
STAFF RECOMMENDATION: To allow the City Finance Director to renew
the contract with Munetrix for three years.
7.d Purchase of Salesforce - Economic Development
City staff is requesting the purchase of Salesforce in order to be more
sufficient in collecting data for retention visits and projects, creating
reports by using analytics for industries, commercial corridors and much
more.
Salesforce is a cloud-based system, customer relationship management
platform that enables businesses to manage customer data, sales
operations, and marketing campaigns. Salesforce Database generates
data for leads, tasks, opportunities, accounts, and notes. It also has the
ability to customize the type and the amount of information the user
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wishes to store. Salesforce can also use analytics to create reports and
graphics that highlight trends seen in different industries.
As the Economic Development team continues to grow, this tool will be
very helpful for staff to have an idea of the progression of a business
throughout the years, issues and challenges they’ve experienced at
previous visits, and understanding the differences and similarities between
businesses in different industries.
City staff and our city attorney has reviewed the master service
agreements provided by both Sales Force and Summit Technologies and
are comfortable with moving forward.
The total costs for Salesforce are $8,400. This price includes the following
fees:
• $2,400 (annually) Sales & Service Cloud- Professional Edition
• $6,000 (one-time fee) for back end programming by Summit
Technologies (3rd party)
AMOUNT REQUESTED: $8,400
FUND OR ACCOUNT: Contracted Services, Planning
STAFF RECOMMENDATION: To approve the purchase of Salesforce and
authorize the Director of Development Services to sign the purchase
documents.
7.g Rezoning of 1225 E Laketon Avenue - Planning
Request to rezone the property at 1225 E Laketon Ave from I-2, General
Industrial to B-4, General Business, by Tread Monkey, LLC. The Planning
Commission unanimously recommended approval of the rezoning at their
August 10 meeting.
STAFF RECOMMENDATION: To approve the request to rezone the
property at 1225 E Laketon Ave from I-2, General Industrial to B-4,
General Business.
SECOND READING REQUIRED
7.i Amendment to the Zoning Ordinance - Fencing - 2nd Reading -
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
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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.
7.j Amendment to the Zoning Ordinance - Residential Design Criteria -
2nd Reading - Planning
This is a staff-initiated request to amend the residential design criteria
section of the zoning ordinance. 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.
7.k 30" Water Main Meter - DPW - Filtration
An amendment to the Cost Sharing Agreement between the City of
Muskegon and Muskegon County to permit the City to install a water
meter on the 30” water main near the Water Filtration Plant.
A 30” water main was recently constructed from the Water Filtration Plant
to the Muskegon Channel. While the primary purpose of this water main
was to provide a second connection to the Muskegon County Northside
water system, it also serves the City of Muskegon’s water system. An
existing water meter near the channel measures all water flow into the
County water system, but it does not capture any water flow into the City.
Installing a water meter near the Water Filtration Plant will measure all the
water flowing through this main, including the currently unmetered water
flowing into the City. Metering this water as it leaves the Water Filtration
Plant is critical to overseeing water plant operations, managing the water
fund, and ensuring regulatory compliance. The construction phase of this
project is expected to begin this fall, and staff will return to the
Commission at a later date for approval of the construction contract.
An amendment to the original agreement between the City and the County
is required to permit the City to install, operate, and maintain the water
meter on the county-owned water main. Upon approval from the City
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Commission, the amendment will be presented to the Muskegon County
Board of Public Works for approval.
STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the
First Amendment to Cost Sharing Agreement.
7.l DWRF ARPA Grant Agreement - DPW
Authorize DPW Director to sign American Rescue Plan Grant Agreement
for the Drinking Water projects (Morton, Wilcox, Thompson, and Lead
Service Lines) awarded at the July 11, 2023 Commission meeting.
Authorize DPW Director to sign American Rescue Plan Grant Agreement
for the Morton, Wilcox, Thompson, and Lead Service Lines projects.
Estimated Total Project Costs:
• DWSRF Eligible Project Cost Subtotal: $8,865,000
• DWSRF Loan No. 7467-01 Amount: ($5,628,495)
• Total Grant Amount: $3,236,505
STAFF RECOMMENDATION: To authorize the DPW Director to sign ARP
Grant Agreement for Project #7467-01.
7.m Vehicle Purchases - DPW
Staff requests approval to purchase three vehicles using budgeted funds
from the General and Equipment funds.
The Equipment Division is seeking approval to purchase three (3)
administration vehicles from Lunghammer Ford using the Mi-Deal state
bid-based pricing. One of these vehicles will be purchased by the
Recreation Department for internal use while the other two will be
assigned out by the Equipment department.
AMOUNT REQUESTED: $82,005
FUND OR ACCOUNT: 101-775($27,335) Rec - 642-563 ($54,670) Equip
STAFF RECOMMENDATION: To approve the purchase of three vehicles
from Lunghammer Ford for a total of $82,005 from the General and
Equipment funds.
7.n Vehicle Purchase - Skid Steer - DPW
Staff requests approval to purchase a skid steer using budgeted
Equipment funds. The Equipment Division is seeking approval to purchase
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(1) Skid Steer Loader from Michigan Caterpillar from the Sourcewell
pricing contract. This piece of equipment will be used at the beach for
sand removal/maintenance, DPW building for ground maintenance and
vehicle loading as well as snow removal downtown and surrounding
areas.
AMOUNT REQUESTED: $73,222.73
FUND OR ACCOUNT: Equipment Fund - 661-563
STAFF RECOMMENDATION: To approve the purchase of (1) one Skid
Steer Loader from Michigan Caterpillar.
7.e MDNR Spark Grant Agreement - Parks & Recreation
Staff is requesting approval to execute the agreement for the MDNR
Spark Grant for the construction of a new splash pad at Howmet
Aerospace (Alcoa) Celebration Square.
The City of Muskegon has been granted a $250,000 Spark Grant from the
MNDR with a City match amount of $24,000. The City of Muskegon is
required to execute the included agreement by the end of the month to
meet funding requirements. The Howmet Aerospace Foundation is also
contributing $50,000 to the project for improvements to the surrounding
plaza.
AMOUND REQUESTED: $24,000
FUND OR ACCOUNT: 101-771
STAFF RECOMMENDATION: To approve the MDNR Spark Grant
agreement including the approving resolution, and authorize the DPW
Director to sign.
Action No. 2023-90(e)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the MDNR Spark Grant agreement including the approving
resolution, and authorize the DPW Director 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)
7.f Rezoning of 417 Jackson Avenue - Planning Department
Staff-initiated request to rezone the property at 417 Jackson Ave from R-1,
Low Density Single-Family Residential to Form Based Code,
Neighborhood Core. The Planning Commission unanimously
recommended approval of the rezoning at their August 10 meeting.
STAFF RECOMMENDATION: To approve the request to rezone property
at 417 Jackson Ave from R-1, Low Density Single-Family Residential to
Form Based Code, Neighborhood Core.
SECOND READING REQUIRED
Action No. 2023-90(f)
Motion by: Vice Mayor German
Second by: Commissioner Ramsey
To approve the request to rezone property at 417 Jackson Ave from R-1,
Low Density Single-Family Residential to Form Based Code,
Neighborhood Core.
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 Rezoning of Several Properties on Myrtle Ave, Allen Ave, and Jay St.
in the Angell Neighborhood - Planning
Request to rezone the following parcels from R-3, High Density Single
Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle
Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and
923 Jay St, by Spire Development. The Planning Commission
unanimously recommended approval of the rezoning at their August 10
meeting.
STAFF RECOMMENDATION: To approve the request to rezone 139
Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave;
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and 923 Jay St from R-3, High Density Single Family Residential to Form
Based Code, Neighborhood Core.
SECOND READING REQUIRED
Action No. 2023-90(h)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve the request to rezone 139 Myrtle Ave;
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay
St from R-3, High Density Single Family Residential to Form Based Code,
Neighborhood Core.
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Ramsey, and Commissioner Emory
Nays: (1): Vice Mayor German
Absent (1): Commissioner Hood
MOTION PASSES (5 to 1)
7.o SHPO (State Historic Preservation Office) CLG (Certified Local
Government) Grant Agreement
Staff is requesting approval to enter into the attached Certified Local
Government (CLG) Grant Agreement in order to obtain $55,000 from the
State Historic Preservation Office (SHPO) with the Michigan Strategic
Fund (MSF) for monument conservation work at Hackley Park.
At the January 10th, 2023 meeting, Commission approved the submittal of
a grant application to the State Historic Preservation Office (SHPO) for
monument conservation work at Hackley Park. The City was selected for
a $55,000 award, and will need to pay $22,440 in matching funds as a
part of the grant agreement. Due to an electronic signature requirement,
the DPW Director will need to sign.
The grant will allow us to complete recommended conservation work at
the 5 sculptures within Hackley Park. The plan is to also completed work
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
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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.
The conservator’s report, included at the end of the agreement, estimates
the work on all 7 monuments at $81,520. With articulated or boom lifts
and estimated cost increases over the past year the total project is
estimated at $105,000. The City portion, including match, is $50,000.
AMOUNT REQUESTED: $50,000
FUND OR ACCOUNT: 101 (Capital Plan Budget)
STAFF RECOMMENDATION: To approve the Certified Local Government
Grant Agreement as presented including authorizing the DPW Director to
sign.
Action No. 2023-90(o)
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To approve the Certified Local Government Grant Agreement as
presented including authorizing the DPW Director 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.p Contract Award - Nelson House Move - Development Services
Staff is requesting authorization to enter into a contract with Deitz House
Moving Engineers, Inc., in the amount of $237,500 to move the historic
Nelson House from 1292 Jefferson Street to the City-owned vacant lot at
382 W. Muskegon Avenue. The Nelson House is currently owned by
Muskegon Public Schools and slated for demolition. Since the
presentation at the March 13, 2023 Commission Worksession, staff has
met with a number of house moving contractors and released a Request
for Proposals for bids to move the house as well as complete excavation
work and construct a new basement at 382 W. Muskegon. $200,000 was
budgeted in the Public Improvement Fund for the work. If moved, the
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house will be listed for sale in as-is condition and ultimately rehabilitated
by a private owner.
AMOUNT REQUESTED: $237,500
FUND OR ACCOUNT: Public Improvement
STAFF RECOMMENDATION: To authorize staff to enter into a contract
with Deitz House Moving Engineers, Inc. in the amount of $237,500 to
move the Nelson House to 382 W. Muskegon Avenue.
Action No. 2023-90(p)
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To authorize staff to enter into a contract with Deitz House Moving
Engineers, Inc. in the amount of $237,500 to move the Nelson House to
382 W. Muskegon Avenue.
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)
8. Public Hearings
8.a Public Hearing - Approval of the 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.
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 Visitors Guide.
In order to continue these services, the Lakeside BID has requested a
final three-year assessment at a 20% reduction for 2024-2026, continuing
with the current district boundaries. Class A properties will have a per
parcel rate of $0.04 per square foot of lot size for a Commercial Property,
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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 the 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 has introduced the special assessment at the
City Commission meeting on August 7th, 2023. If the district is created, a
second public hearing will be held on September 26 to confirm the special
assessment roll.
STAFF RECOMMENDATION: To approve the creation of a special
assessment district in the Lakeside Business Improvement District for
2024-2026.
Action No. 2023-91
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To close the public hearing and approve the creation of a special
assessment district in the Lakeside Business Improvement District for
2024-2026.
PUBLIC HEARING COMMENCED:
Paul Korndorfer, 1883 Lakeshore Drive - supports the Special
Assessment - wants to know if the Air B & B's are also paying? Currently
not on assessment list - Roll has not been set so properties can still be
added.
Mayor Johnson asked Mark Flermoen Lakeside BID Chairperson, to
share his plans for the Lakeside Fall Festival. The Lakeside Fall Festival
will include Street Performers, Bounce Houses, Hayrides, District
Businesses will participate as well as Tiki Boys and Lake Bluff Grill. There
will be a scare crow contest w/ business owners, and some business
owners will participate in Lakeside Give (owners give back) with donations
to the lighthouse, the Clipper, and Heaven Can Wait - all to take place in
the Lakeside Social District. Event is Saturday, October 7, 2023.
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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)
9. Unfinished Business
10. New Business
10.a Amendment to Zoning Ordinance, Residential Setback Requirements
Staff-initiated request to amend Section 404 of the zoning ordinance to
modify rear setback requirements and to create a front build-to zone in lieu
of front setbacks in single-family residential zones. The Planning
Commission recommended approval of the amendment by a 4-1 vote at
their August 10 meeting.
STAFF RECOMMENDATION: To approve the request to amend Section
404 of the zoning ordinance as presented.
Action No. 2023-92(a)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To approve the request to amend Section 404 of the zoning ordinance as
presented.
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)
10.b City ARPA Community Grant - Pioneer Resources, Inc. - Manager's
Office - REMOVED PER STAFF REQUEST
*A Conflict of Interest Letter was signed by Commissioner Rachel Gorman
related to this item. The Conflict of Interest statement was posted to the
City's website and City's Facebook page on August 10, 2023.
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https://muskegon-mi.gov/notice-of-conflict-of-interest/
10.c Assistance to Firefighters Grant - Public Safety
The fire department received notification on August 11, 2023 they
received a FEMA grant to replace their aging and often out of service,
breathing air compressor and fill system.
In January 2023, the Fire Department applied for a grant from FEMA
through the AFG (Assistance to Firefighters Grant) program. The
equipment applied for was a new breathing air system to fill our air
cylinders. Our current breathing air compressor system was purchased in
1997. The three quotes we received for replacement were from West
Shore Fire, Municipal Emergency Services (MES) and Breathing Air
Systems (BAS).
West Shore Fire: Did not provide a shipping cost. Would not entertain a
trade-in quote. $ 62,260.97
MES: A newer system on the market. There were no reviews available.
Would not entertain a trade-in quote. $ 74,789.00
BAS: Bauer is the current manufacture we have been using for 26 years.
It’s has been proven to be good unit for us. Service times are usually
within 48 hours. Breathing Air Systems will take our unit in on trade for
$5k. They will remove the old system and take it with him when they
deliver the new system. $78,593.80, less the trade in of $5,000 for a total
of $73,593.80.
At the time of submitting the grant, BAS quoted for a complete breathing
air cascade system with shipping and installation for $77,250.00. The
quote was only valid for 30 days. After the award we received an updated
quote of $78,593.80, less the trade in of $5,000 for a total of $73,593.80.
On August 11, 2023, the fire department received notification from FEMA
our grant application was approved. The grant requires a 10% match of
the requested funds.
The fire department is requesting $7,359.38 for the purchase of the
$73,593.80 breathing air compressor and cascade filling station with
assistance from FEMA grant funding.
AMOUNT REQUESTED: $7,359.38
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FUND OR ACCOUNT: General Fund 101-336
STAFF RECOMMENDATION: To approve the funding to purchase the
breathing air compressor and cascade filling station from Breathing Air
Systems.
Action No. 2023-92(c)
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
To approve the funding to purchase the breathing air compressor and
cascade filling station from Breathing Air Systems.
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)
11. Any Other Business
11.a Resolution of Support - Open Gates of Grace Ministries - Manager's
Office
To approve the resolution of support for the Open Gates of Grace
submission of an application titled "Open Gates Project" to the MI
Community Center grant program for Grace Space Programs at 1428
Terrace Street Muskegon, Michigan.
Action No. 2023-93(a)
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
To approve the resolution of support for the application of Open Gates of
Grace for a project at their facility.
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)
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 7:45 p.m.
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To adjourn at 7:45 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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