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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 24, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, August 24, 2021, Mr.
George Munroe, Evanston Avenue Baptist Church, opened the meeting with a
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Teresa Emory, Willie German and Michael
Ramsey, Acting City Manager – Finance Director Ken Grant, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
A. Introduction of New Farmers Market Manager City Clerk
The new Farmers Market Manager, Sam Birkenkamp, was introduced to the
Commission and he is excited to be part of the Farmers Market in Muskegon.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-78 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 9, 2021
Worksession and the August 10, 2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Sale – 248 Monroe Avenue Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City-owned
home at 248 Monroe Avenue to Victoria L. Harthorn and Kim M. Harthorn.
The City constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
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anticipated $11,512 in sales commissions. The accepted purchase price is
$177,900. The City will not contribute funds toward closing costs.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 248 Monroe Avenue as described in the purchase agreement and to
have the Mayor and Clerk sign the deed.
E. Ottawa Street Bridge Removal Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Ottawa Street Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program administrator, Roger
Safford, via email:
Since these bridges were initially built to serve the public interest and
need, local agencies desiring to close them permanently will need to take
appropriate actions to document this consistent with local poly
procedures. We will need a certified resolution from the governing body
along with a formal resolution from any other applicable local agency
(city, village or township) confirming concurrence for the bridge removal.
The Ottawa Street bridge over the south branch of the Muskegon River is
currently closed to traffic due to deteriorating conditions that have rendered it
unusable. The bridge was previously investigated for reconstruction with an
estimated cost of $2M+. Upon closure the City constructed a new entrance to
Richards Park which has restored access to all properties and allowed for the
bridge to be rendered unnecessary.
In addition to the bridge removal resolution a modification to our Act 51 map
will be required to reflect the shortening of the street. The second resolution
modified the end point of Ottawa Street and will be required during our next
annual Act 51 Map update cycle in April.
Staff is recommending approval of both resolutions related to Ottawa Street.
STAFF RECOMMENDATION: Approve the Ottawa Street Bridge Removal
Resolution and approve the Ottawa Street Decertification/Vacation Resolution
and authorize the Clerk to sign both resolutions.
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F. H92102 Wood Street, Apple to Marquette – Milling and Resurfacing Public
Works
SUMMARY OF REQUEST: Authorize the award of the H92102 Wood Street, Apple
to Marquette contract to the low bidder, McCormick Sand Inc.
Staff solicited bids for milling and resurfacing of Wood Street, from Apple to
Marquette.
Bids received are as follows:
• $381,081.25 – McCormick Sand
• $387,554.73 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
AMOUNT REQUESTED: $381,081.25 AMOUNT BUDGETED: $500,000
FUND OR ACCOUNT: 202-92102
STAFF RECOMMENDATION: Approve the award of H92102 Wood Street,
Apple to Marquette contract to the low bidder, McCormick Sand Inc. in the
amount of $381,081.25.
G. MDEGLE Grant Assistance Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve the
Professional Services Agreement with Prein & Newhof to provide comprehensive
engineering services for administration and execution of portions of a Drinking
Water Asset Management Grant that was recently awarded to the City of
Muskegon by the Michigan Department of Environment, Great Lakes, and
Energy.
Prein & Newhof assisted the City in submittal of a successful grant application to
the State of Michigan Department of Environment, Great Lakes and Energy
through their Drinking Water Asset Management Program. The City of Muskegon
has been awarded $898,840.00 through the program.
Work covered by the grant will include a large number of important items
related to the City’s Drinking Water System a few of the highlights are as follows:
• Updates to the GIS (Geographic Information System) mapping for the
city’s water system to include precise GPS locations for all hydrants and
valves in the city.
• Completion of our Distribution System Materials Inventory, required by the
state in 2025 to physically verify the status of our lead service lines.
• Inventory and inspection of major Water Filtration Plant Assests.
• Update to the City Water Asses Management Plan which helps guide our
investments in the water system to the best possible uses.
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• Purchase of updated equipment to provide remote access to the GIS
mapping information via truck mounted laptops for several water
department vehicles.
• An updated rate study for the city water rates.
City crews will also self-perform approximately $200K work of work under this
grant in the form of in-kind work to complete the physical investigations.
The water fund budget will be updated in a future reforecast to show this
expense and the anticipated grant revenue. The outcome of the grant was
uncertain at the time of the original budget creation.
AMOUNT REQUESTED: $689,200.00 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to sign the professional services
agreement with Prein & Newhof to provide Engineering Services for the
administration and execution of the Drinking Water Asset Management Grant
that was awarded to the City by the State of Michigan Department of
Environment, Great Lakes and Energy.
H. Beukema Playground Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with American
Athletix to construct a new playground at Beukema Park.
As a follow-up to the discussions at the May 10th, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang the Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Beukema resulted in 92 total votes with 44%
being cast for the American Athletix design (Option#3); with the other two
options receiving 29% and 27% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Beukema Park DNWM greatly
preferred Option #1 due to the poured in place rubber surfacing and inclusion
of ramped access to components of the playground. Options #2 and #3 met
minimum ADA requirements, but did not provide rubber surfacing or ramped
access.
A price proposal from American Athletix shows a cost of $122,639.00.
Given the disparity between the public selection and the recommendation of
DNWM, Staff is recommending that we contract with American Athletix but that
we request design modifications to incorporate a poured rubber or tile surfacing
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in lieu of engineering wood fiber and that we modify the play structure designs
to incorporate ramp access.
These changes will result in an increased price above the provided quote. To
that end, staff is requesting a contracting limit of $165,000 in total on the
Beukema Park Playground. That amount shall be inclusive of the noted changes
to improve the ADA access. If the changes cannot be accomplished within that
budget staff will return the item for further Commission consideration.
American Athletix is the only vendor to submit a proposal located within the City
of Muskegon.
A budget line item was not established in the original 21/22 budget for these
projects, however, it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema Parks. If
approved, a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000.00
depending upon options.
AMOUNT REQUESTED: $165,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to contract with American Athletix
on a new playground for Buekema Park inclusive of the note ADA improvements
in an amount not to exceed $165,000.
J. DPW Vehicle Replacement Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase fifteen (15) new fleet vehicles to replace existing vehicles.
We are requesting permission to purchase the following:
• F-350 Construction Trucks (3 EA – 1 Highway/1 Traffic/1 Water & Sewer)
• F-450 Dump Trucks (2EA – 1 Highway1 General Use)
• F-250 water/Sewer Dept. (4 EA – 4 Water & Sewer)
• F-250 Parks Dept. (3 EA – Parks)
• 2500 HD Fleet Vehicles (3 EA – DPW Supervisor Vehicles)
These purchases are for replacements to existing vehicles, no net increase in the
number of vehicles maintained is proposed. The existing vehicles being
replaced vary in age from 1994 thru 2011. Existing vehicles will be handed down
to season use and/or placed on the auction site (Biddergy.com) for sale. These
new vehicles will be purchased through Gorno Ford and Berger Chevrolet the
Mi-Deal State contract holders.
This purchase will total $476,131.00 coming from the Equipment budget. 11 of
these vehicles were budgeted within the 2021/22 Budget and 4 were budgeted
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within the 2020/21 Budget but were unable to be purchased at that time due to
vehicle shortages. The 21/22 budget will be reforecast in the 1st quarter
reforecast to reflect the carryover vehicles from the 2020/21 Budget.
AMOUNT REQUESTED: $476,131.00 AMOUNT BUDGETED: $476,131.00
FUND OR ACCOUNT: 661-60932-5730
STAFF RECOMMENDATION: Authorize staff to purchase fifteen (15)
replacement vehicles for DPW.
K. Water Filtration Plant Fencing Public Works/Filtration
SUMMARY OF REQUEST: Staff is seeking approval of a contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and the
cantilever gate on the east side of the Water Filtration Plant property.
The fencing on the west and north sides of the Water Filtration Plant property
was replaced in 2018. The fencing along the east side of the Water Filtration
Plant property was not replaced as part of this project and it is corroding and
showing its age. The existing cantilever gate is breaking frequently, and while
repairs have prolonged its use, a long-term solution is required.
This proposal includes installation of new chain link fencing a new cantilever
gate with modern safety features. The base bid for this proposal includes the
removal of the existing fencing and the installation of aluminized chain link
fencing and gates. An alternate bid was requested by staff for the additional
cost of using black vinyl coated chain link materials in place of the aluminized
chain link fencing.
Staff issued a public notice for formal competitive bids. Two fencing contractors
attended the pre-bid meeting at the Water Filtration Plant. Fence Consultants
was the only contractor to submit a bid. The requested amount of $38,545.86
includes the base bid of $34,504.95 for removal and installation of aluminized
fencing materials plus an additional $4,040.91 to upgrade from aluminized chain
link fencing to black vinyl coated chain link fencing. Two additive bids for the
replacement of fencing along the south side of the Water Filtration Plant
property will not be awarded at this time and will be included as part of future
projects. This project was budgeted as part of the capital improvements at the
Water Filtration Plant for FY 2021-22.
AMOUNT REQEUSTED: $38,545.86 AMOUNT BUDGETED: $40,000.00
FUND OR ACCOUNT: 591-92034-5346
STAFF RECOMMENDATION: Authorize staff to contract with Fence
Consultants for a total of $38,545.86 for the replacement of the fencing and
gate on the east side of the Water Filtration Plant property.
L. Approval of Abatement and Building Contractors – 769 Catawba Avenue
Community and Neighborhood Services
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SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 769 Catawba Avenue. Badgerows Building and
Remodeling – Randall Badgerow for lead; and the rehabilitation to Custom
Exteriors, LLC – Mike Murphy for the City of Muskegon’s Homebuyers Program.
The Lead Abatement Contract for 769 Catawba had two bidders - Randall
Badgerow, Badgerow’s Building and Remodeling, 607 S. Lafayette, Greenville,
MI 48838 MDHHS Lead CHIP Abatement contractor since 2019.
The Rehabilitation Contractor for 769 Catawba Avenue had two bidders – Mike
Murphy, Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local
Building Contractor new construction/rehab since 2010
AMOUNT REQUESTED: $99,864.00 AMOUNT BUDGETED: $110,000
FUND OR ACCOUNT: HOME Program 2020
STAFF RECOMMENDATION: To award Badgerows Building and Remodeling
the lead abatement contract for 769 Catawba in the amount of $10,600; and
award Custom Exteriors LLC the rehabilitation contract in the amount of $89,264
for the Community and Neighborhood Services Office Homebuyers Program.
M. Approval and Abatement and Building Contractors – 548 E Dale Avenue
Community and Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contracts for the lead
abatement and rehabilitation of 548 E. Dale Avenue. Across the Board LLC –
Marvin Van Oosten for lead and the rehabilitation to Custom Exteriors LLC – Mike
Murphy for the City of Muskegon Homebuyers Program.
The Lead Abatement Contract for 548 E. Dale Avenue has two bidders. Marvin
Van Oosten, Across the Board LLC, 921 VO’s Place, Allegan, MI 49010 – Lead
Abatement since 2010/Secion 3 Contractor/MDHHS Lead CHIP Program
Tehabilitation Contractor for 548 E. Dale Avenue had two bidders. Mjke Murphy,
Custom Exteriors, LLC, 1541 Brooks Road, Muskegon, MI 49442 – Local Building
Contractor new construction/rehab since 2010
AMOUNT REQUESTED: $97,258.00 AMOUNT BUDGETED: $120,000
FUND OR ACCOUNT: HOME Program 2020
STAFF RECOMMENDATION: To award Across the Board LLC the lead
abatement contract for 548 E. Dale Avenue in the amount of $17,290 and
award Mike Murphy the rehabilitation contract in the amount of $78,568 for the
Community and Neighborhood Services Office.
Motion by Commissioner Johnson, second by Commissioner German, to accept
the consent agenda as presented, except items C, D, I, and N.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
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Nays: None
MOTION PASSES
2021-79 REMOVED FROM CONSENT AGENDA:
C. Solid Waste Ordinance Amendment City Manager
SUMMARY OF REQUEST: Staff is seeking approval of an amendment to Chapter
70, Article II of the Code of Ordinances in coordination with the revised
Sanitation Policy. The newly adopted Sanitation Policy includes revised times
when refuse collection carts can be placed at the curb. Staff is seeking a
change to the Solid Waste ordinance to match the new standards.
STAFF RECOMMENDATION: To amend and adopt Chapter 70, Article II,
Section 31(a) of the Code of Ordinances for Solid Waste.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to amend and adopt Chapter 70, Article II, Section 31(a) of the Code of
Ordinances for Solid Waste.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
D. Amity Avenue Bridge Removal Public Works
SUMMARY OF REQUEST: Staff is seeking formal resolution confirming
concurrence for removal of the Amity Avenue Bridge.
Staff is seeking funds from the Michigan Department of Transportation (MDOT)
Bridge Bundle Program. MDOT piloted a Bridge Bundle program last year with
the hopes of reducing the number of critical condition bridges by combining
several bridges into one package. More information about the program and an
online tracking tool can be found here:
https://www.michigan.gov/som/0,4669,7-192-47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion
in the second year of the program, the Ottawa Street bridge and Amity Street
bridge. Staff will continue to provide information to the Bridge Bundle program
as needed. The statement below is from the program adminstrator, Roger
Safford, via email:
Since these bridges were initially built to serve the public interest and
need, local agencies desiring to close them permanently will need to take
appropriate actions to document this consistent with local policy
procedures. We will need a certified resolution from the governing body
along with a formal resolution from any other applicable local agency
(city, village or township) confirming concurrence for the bridge removal.
Page 8 of 15
The Amity Avenue bridge was constructed to allow the railroad to pass
underneath, the railroad is abandoned and has rendered the bridge
unnecessary. As part of this program, MDOT will fully fund the bridge removal.
The City will be responsible to provide a matching project to reconnect the road
after the bridge removal. It is worth noting, the street will be closed for a period
of time until the city can reconstruct the roads at grade.
Staff is recommending approval of the resolution to remove the Amity Avenue
Bridge.
STAFF RECOMMENDATION: Approve the Amity Avenue Bridge Removal
Resolution and authorize the Clerk to sign.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
Amity Avenue Bridge Removal Resolution and authorize the Clerk to sign.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
I. Reese Playground Public Works
SUMMARY OF REQUEST: Staff is seeking approval to contract with Sinclair
Recreation to construct a new playground at Reese Park.
As a follow-up to the discussion at the May 10, 2021 Commission Meeting staff
solicited proposals for new playgrounds at Reese and Beukema Parks. Seven (7)
proposals were received and staff reviewed each proposal and shortlisted three
(3) options for each site. The top three proposals for each site were posted for
public voting and feedback via Facebook and Bang The Table which was
closed to voting on Friday, August 13th.
The result of the public voting for Reese resulted in 88 total votes with 52% being
cast for the Sinclair Recreation design (Option#3) with the other two options
receiving 30% and 18% respectively.
In addition to public feedback staff solicited feedback from Disability Network
West Michigan (DNWM) on all of the designs. For Reese park DNWM greatly
preferred Option #3 due to providing the highest percentage of ramp access.
26/28 features are accessible via ramps which well exceeds the minimum
standards. The design also provides poured in place rubber surfacing which
increases access to the 20 ground level features.
A price proposal from Sinclair recreation is included at a cost of $323,600.00
For this site the public voting and DNWM recommendations both selected the
same design. Staff has worked with Sinclair Recreation in the past and is
comfortable they can successfully deliver this project.
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One point of not which is often discussed is that the selected design did not
provide an option for swings. If swings are desired the design cold be modified
to incorporate a swing set at an additional cost. Staff is supportive of either
option and would request a budget of $365,000 to modify the design to
incorporate a swingset.
A budget line item was not established in the original 21/22 Budget for these
projects, however it was previously discussed at the May 10, 2021 Commission
Meeting to target spending $900K between Reese and Beukema parks. If
approved a budget line item will be added during the 1st Quarter Reforecast.
Total requested between the two park designs is a maximum of $530,000
depending upon options.
AMOUNT REQUESTED: $323,600 (No Swings) AMOUNT BUDGETED: $0
$365,000 (With Swings)
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to contract with Sinclair
Recreation on a new playground for Reese Park in an amount not to exceed
$365,000.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to contract with Sinclair Recreation on a new playground for Reese Park in
an amount not to exceed $365,000.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
N. Revision to Municipal Senior Millage Funding Allocations CNS
SUMMARY OF REQUEST: Request to approve the re-allocation of Municipal
Senior Millage Funding for the City of Muskegon Programs. The Senior Power of
Produce program at the Muskegon Farmers market was allocated $15,000 in
April. The Program started July 13, 2021 and the funds have been depleted. Staff
is requesting that the allocation for the Muskegon County Senior Millage Home
Repair program be reduced by $20,000 and that those funds be re-allocated to
the Senior Power of Produce program. Staff has reviewed the position of fund for
Home Improvements and feel confident that this is in the best interest of
Muskegon County senior citizens.
STAFF RECOMMENDATION: To revise the allocation of Municipal senior
Millage funding to reduce the allocation to Muskegon County Senior Millage
Home Repair by $20,000 and to re-allocate those funds to the Senior Power of
Produce program at the Muskegon Farmers Market.
Page 10 of 15
Motion by Commissioner Emory, second by Commissioner Rinsema-Sybenga, to
revise the allocation of Municipal Senior Millage funding to reduce the
allocation to Muskegon County Senior Millage Home Repair by $30,000 and to
re-allocate those funds to the Senior Power of Produce program at the
Muskegon Farmers Market.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2021-80 PUBLIC HEARINGS:
A. Revocation of IFT – 441 W. Western Avenue Planning
SUMMARY OF REQUEST: Pigeon Hill Brewing Company has requested to revoke
the Industrial Facilities Exemption Certificate at the 441 W. Western facility in
order to convert the building into commercial use.
STAFF RECOMMENDATION: To approve the revocation of the Industrial
Facilities Exemption Certificate No. 2015-272 at 441 W. Western Avenue
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
revocation of the Industrial Facilities Exemption Certificate No. 2015-272 at 441
W. Western Avenue
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2021-81 UNFINISHED BUSINESS:
A. Pedicab Ordinance City Clerk – TABLED FROM 8/10/21 TO 8/24/21
SUMMARY OF REQUEST: City Commission is being asked ton consider an
ordinance to allow and regulate Pedicabs. City Commission is also being asked
to consider an amendment to allow consumption or possession of alcoholic
liquors in parks and playgrounds while participating in a pedicab.
The City has been approached by a person wishing to operate a party bike.
Staff has worked with the city attorney and is proposing the Pedicab ordinance
presented as well as an amendment to Chapter 58 Article I to allow
consumption or possession of alcoholic liquors in parks and playgrounds while
participating in a pedicab.
STAFF RECOMMENDATION: To adopt a new ordinance allowing and
regulating Pedicabs and to amend Chapter 58 Article I of the City Code of
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Ordinances to allow consumption or possession of alcoholic liquors and
playgrounds while participating in a pedicab.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt a new ordinance allowing and regulating Pedicabs and to amend
Chapter 58 Article I of the City Code of Ordinances to allow consumption or
possession of alcoholic liquors and playgrounds while participating in a
pedicab.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
B. Request for Proposal Approval for YEP Community and
Neighborhood Services
SUMMARY OF REQUEST: Community and Neighborhood Services is requesting
permission to grant funds of $20,000 to Community enCompass for their YEP
Project which provides youth with work and educational experience.
STAFF RECOMMENDATION: To approve the agreements with Bethany
Housing Ministries dba Community enCompass.
This item was brought before the City Commission on June 8, 2021. The
Community and Neighborhood Services Department allowed organizations
to request funds from their Community Development Block Grant for various
eligible programs. Bethany Housing Ministries dba Community enCompass
applied for funds for their Youth Empowerment Project (YEP) for work and
educational experiences throughout the year. Commissioner Ramsey is
employed by Community EnCompass and did disclose a Conflict of Interest,
as required by HUD Guidelines. The Conflict Statement was posted on the
city’s website and the city’s Facebook page and the conflict was stated in
the minutes. However, HUD requires that the nature of the conflict also be
disclosed on the agenda, in the minutes, and that there be discussion at the
meeting regarding the conflict.
Because the Conflict of Interest was not disclosed to the HUD specified
guidelines, this item is being brought back before the City Commission for
consideration. For our August 24, 2021 meeting, the Conflict of Interest
Statement from Commissioner Michael Ramsey was posted on the City’s
website and a link to the Conflict Statement was posted to the City’s Facebook
page on August 17, 2021. Commissioner Ramsey is employed by Community
enCompass and has disclosed a conflict of interest which arises because
Michael Ramsey is either in a decision-making position or in a position to gain
inside information and the conflict must be disclosed when there is a financial
benefit. Commissioner Ramsey will recuse himself from voting on this item due to
Page 12 of 15
the stated conflict. This item must receive six affirmative votes to pass.
AMOUNT REQUESTED: $20,000 AMOUNT BUDGETED: $20,000
FUND OR ACCOUNT: CDBG 2019
*Commissioner Michael Ramsey has disclosed a Conflict of Interest on this
item as he is employed by Community enCompass. A conflict of interest
arises because Michael Ramsey is either in a decision-making position or in
a position to gain inside information and the conflict must be disclosed
when there is a financial benefit. Commissioner Ramsey will recuse himself
from voting on this item due to the state conflict. This item must receive six
affirmative votes to pass. The Conflict Statement was posted to the City of
Muskegon’s website (shorelinecity.com) and a link to the Conflict
Statement was posted to the City of Muskegon Government Facebook
page on August 17, 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the agreements with Bethany Housing Ministries dba Community
enCompass.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga
Nays: None
Recused: Stated Conflict of Interest as noted above: Ramsey
MOTION PASSES
C. Motion to Remove Rezoning of 1128 Roberts Street from the Table City
Clerk
SUMMARY OF REQUEST: At the City Commission Meeting held July 27, 20921 this
item was tabled indefinitely. This item is back on the agenda for tonight and
needs to be removed from the table.
STAFF RECOMMENDATION: To remove the item of Rezoning of 1128 Roberts
Street from the table for further consideration.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory,
remove the item of Rezoning of 1128 Roberts Street from the table for further
consideration.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
D. Rezoning of 1128 Roberts Street Planning
SUMMARY OF REQUEST: Request to rezone the property at 1128 Roberts Street
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from R-1 Single-Family Residential Low Density to MC Medical Care, by Fresh
Coast Alliance.
The Planning Commission unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use
permit, contingent upon the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission
requested to prepare a separate agreement that would limit intensive medical
zoning uses at the location.
STAFF RECOMMENDATION: To approve/deny the request to rezone the
property at 1128 Roberts Street from R-1 Single-Family Residential Low Density to
MC Medical Care.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
approve the request to rezone the property at 1128 Roberts Street from R-1
Single-Family Residential Low Density to MC Medical Care and to approve the
Conditional Rezoning Agreement.
2nd Motion Motion by Commissioner German, second by Commissioner
Ramsey, to table this item until September 28, 2021 to allow more time for
community dialogue and to flesh out misconceptions about the program.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
Johnson, Gawron
Nays: None
MOTION PASSES
2021-82 ANY OTHER BUSINESS:
A. Gift Card Committee Update Development Services
SUMMARY OF REQUEST: The Committee has not met in several months, but staff
have been working on the strategy as agreed upon and have some updates to
share. The committee last met before the most recent surge of Covid-19 and
agreed that it was not the appropriate time to inquire about any restaurants
refunding any gift card purchases, though this remains an option going forward.
We have been working with several private sector partners that are supportive
of the program in an effort to “sponsor” a percentage of the total gift card
value, effectively buying them and not using them. This would allow the City to
sell the remaining cards to the public at a reduced rate, passing on that
sponsorship to people who would use the gift cards. We would release these
sales in several phases over the coming months/years, so as not to flood the
market with comped business for the restaurants. We also propose continuing to
allow staff to use them as costs offsets for the city, such as buying meals for
election worker training and other functions where the organization provides
meals. At this time, we are working on getting signatures on a letter of intent
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from donors towards the sponsorship program.
Commissioner Johnson hasn’t seen the ARPA Home Infill Program RFQ on the
City website and suggested possibly extending the deadline. Director Eckholm
showed him where to find it on the website where it was published.
Commissioner Johnson would like to discuss the AMI Cap at a future Worksession
meeting. Commissioner Johnson would also like to get an update on the sewer
fund and the forecast to be able to roll back the 20% increase since infiltration
has been reduced as water levels recede. Commissioner Johnson inquired
about the status of the Lakeside Social District.
Commissioner German asked Director Evans about trees at Myrtle & Murphy.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission adjourned at 9:05 p.m.
Respectfully Submitted,
Ann Marie Meisch, City Clerk - MMC
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