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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 25, 2022 @ 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, Michigan at 5:30 p.m., Tuesday, January 25, 2022.
Reverend Eileen B. Stoffan, St. Paul’s Episcopal Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners Eric
Hood, Teresa Emory, Rachel Gorman, and Rebecca St.Clair, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie Meisch.
Absent: Commissioner Michael Ramsey
PUBLIC COMMENT ON AGENDA ITEMS: No comments were received.
2022-06 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the December 13, 2021
Worksession Meeting and the January 4, 2022 Organizational Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Non-Profit Recognition for Breakthrough Believers Recovery and Healing
Center City Clerk
SUMMARY OF REQUEST: Breakthrough Believers Recovery and Healing Center is
requesting recognition as a non-profit in the City of Muskegon for the purpose of
obtaining charitable gaming licenses for raffles to raise money for various
underserved community needs.
STAFF RECOMMENDATION: To approve the request from Breakthrough
Believers Recovery and Healing Center to be recognized as a non-profit
operating in the City for the purpose of obtaining a charitable gaming license.
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C. Chamber of Commerce Proposal City Manager’s Office
SUMMARY OF REQUEST: Staff is requesting approval of a partnership and
funding agreement with the Muskegon Lakeshore Chamber of Commerce.
The Chamber continues to partner with the city to promote our community and
support our local businesses. They have been instrumental in attracting cruise
ships, improving our public image, administering the Silent Observer program,
and bolstering our business community. The proposal includes funding allocation
and benefits to the city in the areas of event and program sponsorship,
membership, Silent Observer promotion, and community promotion activities.
The city currently pays $16,000 annually for various Chamber services,
membership, and events, and those funds come from various budgets. The
amount requested will require adjustments in the 2nd quarter reforecast.
AMOUNT REQUESTED: $20,000 AMOUNT BUDGETED: $16,000
FUND OR ACCOUNT: 80400, 10101
STAFF RECOMMENDATION: To approve the partnership and funding
agreement with the Muskegon Lakeshore Chamber of Commerce.
D. MDOC Utility Easements Public Works
SUMMARY OF REQUEST: Staff is seeking approval to purchase utility easements
from the State of Michigan Department of Corrections.
Staff is pursuing several utility easements from the state of Michigan to provide
utility service to the former prison site. The utilities easements cross through a 100
FT strip of property that was retained by the State of Michigan during the land
transaction. The city is requesting and the state has issued preliminary approval
for five (5) utility easements across this 100 FT strip of property.
The cost of the easements is determined by the state to be $1,750.00 which
would be paid from the remaining funds in the State Grant Fund dedicated to
this project.
AMOUNT REQUESTED: $1,750.00 AMOUNT BUDGETED: $1,750.00
FUND OR ACCOUNT: 482-91908-5700
STAFF RECOMMENDATION: Authorize staff to issue payment in the amount
noted and sign the agreement, inclusive of any immaterial revisions that are
noted during the final state reviews.
E. Mini-Excavator Purchase Public Works
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one Mini-Excavator from Michigan CAT, the Mi-Deal State contract
holder. The cost for the Mini-Excavator will be $84,975.00 coming from the
Equipment Fund.
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This equipment is expected to compliment a smaller mini-excavator that already
exist within the equipment fleet. This particular piece of equipment is larger than
our existing mini-excavator, yet still substantially smaller than other equipment
that could be used for similar functions (tractor backhoe) and will provide much
needed versatility to the fleet.
AMOUNT REQUESTED: $84,975.00 AMOUNT BUDGETED: $85,000
FUND OR ACCOUNT: 661-60932-5700
STAFF RECOMMENDATION: Authorize staff to move forward with the
purchase of a Mini-Excavator through the Mi-Deal State Contract.
F. Traffic Control Order Public Works
SUMMARY OF REQUEST: Staff is requesting approval of Traffic control order 2022-
001, to add a stop sign on Clay at Pine, converting the intersection to an all-way
Stop. Traffic Control Order #2022-001 includes addition of stop signs on Clay at
Pine Street converting this intersection into an all-way stop. The site was
reviewed for sight distance for NW bound Pine Street obstructions.
STAFF RECOMMENDATION: To approve traffic control orders #2022-001 and
authorize staff to make the necessary signing changes.
G. Engine 24 Repairs Public Safety
SUMMARY OF REQUEST: Final repair estimate to rebuild the motor in Engine 24
(2015). This is a front-line Engine (24) and has already been down for weeks while
they diagnosed, etc. The concern is running our only Reserve truck (21) weeks
on end, and running the new 41 in the dead of winter.
AMOUNT REQUESTED: $39,493.73 AMOUNT BUDGETED: $0
STAFF RECOMMENDATION: Approval of the amount for repair to Engine 24.
H. Deficit Elimination Plan – Sewer Finance
SUMMARY OF REQUEST: To approve the Deficit Elimination plan and resolution
for the Sewer Fund and direct staff to submit plan to the State of Michigan.
On June 30, 2021 the Sewer Fund had a $1,222,053 deficit unrestricted net
position. Act 275 of Public Acts of 1980 requires the City to formulate a deficit
elimination plan and submit it to the Michigan Department of Treasury. The
deficit elimination plan and resolution for the Sewer Fund are provided.
STAFF RECOMMENDATION: To approve the deficit elimination resolution for
the Sewer Fund.
I. Deficit Elimination Plan – Public Improvement Finance
SUMMARY OF REQUEST: To approve the Deficit Elimination plan and resolution
for the Public Improvement Fund and direct staff to submit plan to the State of
Michigan.
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On June 30, 2021 the Public Improvement fund had a $1,026,966 deficit. Act 275
of Public Acts of 1980 requires the City to formulate a deficit elimination plan
and submit it to the Michigan Department of Treasury. The deficit elimination
plan and resolution for the Public Improvement Fund are provided.
STAFF RECOMMENDATION: To approve the deficit elimination resolution for
the Public Improvement Fund.
J. Deficit Elimination Plan – Marina Finance
SUMMARY OF REQUEST: To approve the Deficit Elimination plan and resolution
for the Marina Fund and direct staff to submit plan to the State of Michigan.
On June 30, 2021 the Marina Fund had a $146,718 deficit. Act 275 of Public Act
of 1980 requires the City to formulate a deficit elimination plan and submit it to
the Michigan Department of Treasury. The deficit elimination plan and resolution
for the Marina are provided.
STAFF RECOMMENDATION: To approve the deficit elimination resolution for
the Marina Fund.
L. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To concur with the CRC Recommendations to accept
resignations, make appointments, and amend the composition of the DDA.
The CRC recommends:
- Accepting the resignation of and Randy Mackie – Housing Code Board of
Appeals – Term Expires 1/31/2024.
- Appointing the following citizens to each of the stated boards:
o Board of Review – Reappoint David Mendendorp & Martha
Bottomley (Citizens)
o Business Improvement District – Reappoint Dan Castle & John
Riegler; Appoint Kiel Reid (Assessed property owners or their
representatives)
o Citizen’s Police Review Board – Reappoint Josie James (Member of
a minority-based organization) & Ruby Clark (Neighborhood
association representative)
o Citizen’s District Council – Appoint Bre’Onna Sanders (Citizen At-
Large)
o Construction Code Board of Appeals – Reappoint Brion Boucher
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(Architect) & Michael McPhall (Fire)
o Downtown Development Authority – Reappoint Heidi Sytsema
(Member with interest in the property in the district), Jeanette
Moore (Citizen) & John Rielger (Resident of the district)
o Election Commission – Reappoint Wanda Matsey (Citizen)
o Equal Opportunity Committee – Reappoint Charlotte Johnson,
Tonya Pell & Ana Zuber (At-Large Citizens)
o Farmers Market Advisory Board – Appoint Jeanine Platt (Citizen At-
Large)
o Historic District Commission – Reappoint Emilio Trejo (Member who
resides or has occupational or financial interest in one or more of
the historic districts); appoint Jacquelyn Huss (Member of a local
preservation society)
o Housing Code Board of Appeals – Appoint Jordan Potter and Corey
Bickford (Citizens)
o Housing Commission – Reappoint Jonathon Wilson (Citizens)
o Income Tax Board of Review – Reappoint Michael Haueisen
(Resident)
o Lakeside Business Improvement District – Appoint Andrea
Chambers (Assessed property owner or their representative)
o Local Development Finance Authority – Reappoint Jeffrey Burr;
Appoint Patsy Petty (Citizens)
o Local Officer’s Compensation Commission – Reappoint Paul
Edbrooke (Citizen)
o Zoning Board of Appeals – Appoint Roberta King (Resident)
- Amending the composition of the Downtown Development Authority as
follows:
A 6 Members must have an interest in the property in the district
B 4 Citizens
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C 2 Resident of the district
D 1 City Manager
STAFF RECOMMENDATION: To approve the resignations, appointments and
reappointments, and amendments to the composition of the DDA.
M. DDA/BRA Resignation City Clerk
SUMMARY OF REQUEST: To accept the resignation of Don Kalisz from the
Downtown Development Authority/Brownfield Redevelopment Board, effective
immediately. Term expires 1/31/2025
STAFF RECOMMENDATION: To approve the resignation.
Motion by Commissioner Gorman, second by Commissioner Emory, to accept
the consent agenda as presented, minus item K.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, and German
Nays: None
MOTION PASSES
2022-07 REMOVED FROM CONSENT AGENDA:
K. Deficit Elimination Plan – Convention Center Finance
SUMMARY OF REQUEST: To approve the Deficit Elimination plan and resolution
for the Convention Center Fund and direct staff to submit plan to the State of
Michigan.
On June 30, 2021 the Convention Center Fund had a $1,892,438 deficit. Act 275
of Public Acts of 1980 requires the City to formulate a deficit elimination plan
and submit it to the Michigan Department of Treasury. The deficit elimination
plan and resolution for the Convention Center Fund are provided. The City has
received a $1,000,000 Grant to help with the negative impact of Covid-19. The
City will transfer $2,668,933.07 from the General Fund to eliminate the deficit.
STAFF RECOMMENDATION: To approve the deficit elimination resolution for
the Convention Center Fund.
Motion by Vice Mayor German, second by Commissioner Gorman, to approve
the deficit elimination resolution for the Convention Center Fund.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, German, and Gorman
Nays: None
MOTION PASSES
2022-08 PUBLIC HEARINGS:
A. Parks and Recreation 5-Year Plan Public Works
SUMMARY OF REQUEST: To host a public hearing and adopt a resolution of
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adoption relative to the updated City of Muskegon Park and Recreation 5-year
plan.
Staff along with assistance from MCSA, Inc. have prepared an update to the
city’s Parks and Recreation 5-Year Plan. The previous plan from 2016 has expired
and an update was required. The draft update is available for review online at
the link below, and can be viewed in person during normal business hours at the
City of Muskegon DPW Offices (1350 East Keating Avenue, 49442).
https://www.muskegon-mi.gov/community-parks-recreation-plan/
In order to be eligible for state grant funding through the MDNR (and other
sources) a current 5-year plan must be filed with the MDNR no later than
February 1, 2022.
Through hosting of this public hearing, adoption of the enclosed resolution, and
a final update of the plan to reflect any comments received through the public
hearing the City will be in a position to submit the updated plan by the required
deadline.
STAFF RECOMMENDATION: To close the public hearing, approve the 5-year
Parks and Recreation Plan, and authorize the Mayor and Clerk to sign a
resolution in support of the plan.
PUBLIC HEARING COMMENCED: The following comments were received:
Wenda Hannah – 2293 Moon Street – did not see any reference to Charter Park
Ordinance and feels that it should be included and Charter Parks identified.
Tom Weatherby – 1747 Edgewater – concerns about walkway width proposed
for Pere Marquette Park and feels 16 feet is excessive and suggested a study be
done. He also has concerns about striping of the walkway.
Darlene DeHudy – 4356 Lake Harbor Road – concurs with Mr. Weatherby –
recommends following National Standards for determining width of walkway.
Designate in plan which are charter parks and add Critical Dunes Ordinance.
Would like to see a use study which usually precludes an engineering plan or
construction.
Mark Poletti - 3244 Thompson – we don’t know the map of the trail system.
Would like to contribute to planning the pathway. Is concerned about the
amount of traffic and safety issues.
Motion by Commissioner St.Clair, second by Commissioner Hood, to close the
public hearing and approve the 5-year Parks and Recreation Plan and authorize
the Mayor and Clerk to sign a resolution in support of the plan.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, German, Gorman, and Emory
Nays: None
MOTION PASSES
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2022-09 NEW BUSINESS:
A. Amendment to the Form Based Code Planning
SUMMARY OF REQUEST: Staff initiated request to amend the Form Based Code,
Urban Residential and Lakeside Residential context areas of the zoning
ordinance to reduce the minimum side setback (at non-street locations)
requirement from six feet to five feet and reduce the side build-to-zone (at side
street) from 10-25 feet to 5-25 feet. The Planning Commission recommended in
favor of the request by a 6-1 vote.
STAFF RECOMMENDATION: To approve the request to amend the Form
Based Code, Urban Residential and Lakeside Residential context areas of the
zoning ordinance to reduce the minimum side setback (at non-street locations)
requirement from six to five feet and reduce the side build-to-zone (at side
street) from 10-25 feet to 5-25 feet.
Motion by Commissioner Gorman, second by Commissioner Hood, to approve
the request to amend the Form Based Code, Urban Residential and Lakeside
Residential context areas of the zoning ordinance to reduce the minimum side
setback (at non-street locations) requirement from six to five feet and reduce
the side build-to-zone (at side street) from 10-25 feet to 5-25 feet.
ROLL VOTE: Ayes: Johnson, Hood, Gorman, and St.Clair
Nays: German and Emory
MOTION PASSES – 2nd READING REQUIRED
B. Mercy Health Arena Floor Scrubber Mercy Health Arena
SUMMARY OF REQUEST: Mercy Health Arena is seeking funding for a new floor
scrubber for Arena concourse, lower level, and locker rooms.
Mercy Health Arena is in desperate need of a new floor scrubber. We have
been using an old one left behind by our previous cleaning contract, but we are
spending time, energy and finances to keep it going as efficiently as we need.
The Arena concourse gets a considerable amount of traffic, as well as the lower
level and locker rooms. With limited resources and labor costs, we believe the
proposed scrubber is necessary as we continue to keep the Arena in its best
condition. Our cleaning regiment has increased substantially because of
COVID, and a new modern machine is required. We are recommending to
purchase the equipment from Pacific Floor Care, as they are located in the city
limits. The machines will be manufactured in the City, and available to us within
just a few days of ordering. We will be seeking partial reimbursement from FEMA,
as their programming provides for reimbursement of COID-19 related
cleaning/sanitizing equipment.
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AMOUNT REQUESTED: $21,774.69
FUND OR ACCOUNT: State and Federal Grants
STAFF RECOMMENDATION: To approve the purchase of a floor scrubber from
Pacific Floor Care at a cost not to exceed $21,774.69.
Motion by Commissioner Gorman, second by Commissioner Hood, to approve
the purchase of a floor scrubber from Pacific Floor Care at a cost not to exceed
$21,774.69.
ROLL VOTE: Ayes: Hood, German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
C. Sales Agreement 2725 Olthoff City Manager
SUMMARY OF REQUEST: Staff is seeking approval to sell approximately 20 acres
of property at 2725 Olthoff Drive.
The site was originally procured from the Michigan State Land Bank, and
previously housed the West Shoreline Correctional Facility. The property has a
total of 64 acres, and approximately 34 are in the City of Muskegon. Staff seeks
to sell approximately 20 acres of the property within the city limits for the
purpose of redevelopment.
STAFF RECOMMENDATION: Approve the sales agreement and authorize the
Mayor and Clerk to sign.
PUBLIC COMMENTS WERE RECEIVED ON THIS ITEM.
Motion by Commissioner Hood, second by Commissioner Gorman, to approve
the sales agreement and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
MOTION PASSES
D. Watch Muskegon Marketing City Clerk
SUMMARY OF REQUEST: The Watch Muskegon Committee put out a Request for
Qualifications to put a campaign together to continue with the Watch
Muskegon brand. After reviewing all proposals, the committee determined that
Kindred closely matched the needs of the campaign at this stage.
The City received proposals from Kindred, CMF Marketing, Fine Line, RCP
Productions, and Revel. After reviewing all proposals, the committee felt that
Kindred most closely matched the needs of the campaign at this time.
AMOUNT REQUESTED: Up to $60,000 – The Watch Campaign account will
contribute $20,000, the Public Relations Committee will contribute $20,000. The
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rest will be obtained from private donors.
FUND OR ACCOUNT: Public Relations - $20,000
STAFF RECOMMENDATION: To authorize the City Clerk to enter into an
agreement with Kindred for an amount not to exceed $60,000.
Motion by Commissioner Gorman, second by Commissioner Emory, to authorize
the City Clerk to enter into an agreement with Kindred for an amount not to
exceed $60,000.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Johnson discussed the idea of requesting
alternate bids for different width pathways and the Commission agreed that it
would be a good idea to receive alternate options and information before
making a final decision. Director Evans should seek alternates bids for a 12 ft, 14
ft, and 16 ft width for the proposed pathway at Pere Marquette.
Senator Bumstead was in attendance and updated the Commission on several
different bills that could have a significant impact on the community. The
proposed bills include funding in several areas.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:45 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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