View the PDF version Google Docs PDF Viewer View the Video
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 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, February 8, 2022.
Commissioner Rachel Gorman, 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, Commissioners, Teresa Emory, Rachel Gorman,
Rebecca St.Clair, and Michael Ramsey, City Manager Franklin Peterson, City
Attorney John Schrier, and City Clerk Ann Marie Meisch.
Absent: Vice Mayor Willie German, Jr. and Commissioner Eric Hood
PUBLIC COMMENT ON AGENDA ITEMS:
2022-11 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 10, 2022
Worksession Meeting and the January 11, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Off-Premise Tasting Room Permit – Pigeon Hill Brewing City Clerk
SUMMARY OF REQUEST: To consider approval of a resolution for a new Off-
Premises Tasting Room Permit for Pigeon Hill Brewing.
In order to add wine to the offerings at 441 W. Western, Pigeon Hill is seeking
approval of a new permit for an Off-Premise Tasting Room Permit. Despite what
the name might seem to imply, it is referring to “off the manufacturing premises”
– and would allow Pigeon Hill to sell on-site for on-site consumption (and
takeaway/social district). This permit specifically allows Pigeon Hill to use it’s
existing small wine makers license (located at 895 4th Street) as the source of
wine for the forthcoming restaurant/entertainment on Western. Pigeon Hill is
already licensed for beer and spirits at the location so this only relates to wine.
STAFF RECOMMENDATION: To adopt the resolution for a new Off-Premises
Tasting Room Permit for Pigeon Hill Brewing, 441 W. Western Avenue, Muskegon,
Page 1 of 9
MI 49440.
C. 2022 User Fee Update Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated in the Master Fee Resolution.
The City of Muskegon has, in the past, adopted resolutions from time to time
which set fees for various services in the City.
In addition to the specifically adopted resolution fees, there are fees which are
charged pursuant to ordinances and codes as well as the fees which are
charged in the exercise of various other functions of the City which serve the
public.
The City Commission has reviewed all of the fees which are charged from time
to time pursuant to resolution, ordinance and in the affording of services to and
for the public, and has determined to adopt the resolution of a comprehensive
schedule of fees called the Master Fee Resolution.
STAFF RECOMMENDATION: Approval of the 2022 Master Fee Resolution.
D. Roberts Street Elevated Tank Painting Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with Dixon
Engineering for professional services related to painting and repairing the
Roberts Street elevated tank.
The Roberts Street elevated tank, located at the corner of Roberts and
Lawrence in the Marquette neighborhood, is a critical component of the City’s
water system. The exterior and interior coatings on the tank are beyond their
expected lifetimes. A 2019 inspection found deterioration and delamination on
both the exterior and interior coatings. The exterior needs a completely new
overcoat, while the interior needs to be patched at various points of failure.
Other minor modifications to the tank are required to bring it into compliance
with safety standards and drinking water regulations.
Staff worked with Dixon Engineering on a proposal for professional services to
oversee the design, bidding, construction, and post-construction phases of the
Roberts Street elevated tank project. Dixon has extensive knowledge of the
City’s elevated tanks from performing multiple inspections and managing
numerous repair projects on all three of the city’s elevated tanks, so bids were
not solicited for the professional services portion of this project. Bids for the
construction portion of this project will be brought back to the Commission for
consideration after they are received. This project is included in the FY 2021-2022
capital improvement budget.
AMOUNT REQUESTED: $47,000 AMOUNT BUDGETED: $400,000
FUND OR ACCOUNT: 591-92035-5346
Page 2 of 9
STAFF RECOMMENDATION: Authorize staff to contract with Dixon Engineering
in the amount of $47,000 for professional services to oversee the painting and
repairs of the Roberts Street elevated tank.
E. As-Needed Forestry Services Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to award a contract to
Andy’s Tree Service to provide $75,000 of As-Needed Forestry Services within the
City.
The City Commission allocated $75,000 towards Contractual Forestry Work under
line 101-70771-5300 in the 21/22 Fiscal Year. The Commission had previously
(9/14/21) approved an extension of the previous contract with CHOP, Inc.
CHOP, Inc. is not available to fulfill this service during the required timeframe
and staff is seeking to move forward to develop a contract with Andy’s Tree
Service.
CHOP, Inc. contacted DPW staff to inform them that they would not have time
to accomplish work for the City within the optimal timeframe to minimize the risk
of spreading Oak Wilt as a result of staffing shortages and other work
commitments. As such staff solicited bids and availability from four (4) other
forestry providers to determine who else might be available to perform work
during the available Oak Wilt timeframe. Two (2) providers were available and
provided bids.
Both bids were comparable to the pricing provided by CHOP for similar services.
CHOP is headquartered in Kent County while both of the new bidders are
located within Muskegon County.
This represents a deviation from the purchasing policy in that formal open
competitive bids were not solicited as the time required would have pushed the
contract approval out of the optimal window for Oak Wilt work. Staff worked to
follow the lower tier purchasing policy guidance in obtaining three written
quotes for the work to still ensure a competitive nature to the bidding.
Staff is recommending that a contract be awarded to the low bidder (Andy’s
Tree Service).
If funding is approved for the continuation of this service in FY22/23 staff will
repost for open competitive bidding.
AMOUNT REQUESTED: $75,000 AMOUNT BUDGETED: $75,000
FUND OR ACCOUNT: 101-70771-5300
Page 3 of 9
STAFF RECOMMENDATION: Authorize staff to cancel the previously approved
contract extension with CHOP, Inc. and negotiate a contract with Andy’s Tree
Service in the amount of $75,000 for completion of As-Needed Forestry Services
during the 21/22 Fiscal Year.
F. Arena Restrooms, ADA Improvements City Manager
SUMMARY OF REQUEST: Staff is seeking approval to enter into a design build
agreement with Spark 43 to design and construct ADA egress, public restrooms,
storage and alley/utility improvements at the Mercy Health Arena.
Staff has been working to develop a long-term solution to three downtown
issues: large-capacity public restrooms for special events and daily visitors,
ADA egress from the west side of the arena, and capacity to replace the
arena’s storage that was lost in a windstorm in 2015
(https://www.mlive.com/news/muskegon/2015/04/lc_walker_arena_officials_
tryi.html).
If approved, this plan will help address all three issues. The construction
would create ADA access from Western Avenue using the small alleyway
between the arena and the CIO Hall. The walkway would consist of a ramp
connecting Western Avenue to the egress doors on the Arena’s western
façade. Currently, all occupants utilizing that egress point must exit via a
steep set of stairs constructed 50+ years ago. As part of the ramp
construction, we will gain barrier-free entry to the arena’s new restrooms
directly from the exterior of the arena. This will allow the arena restrooms to
be accessed by the general public without entering the arena. Additionally,
as part of the new ramped egress, a storage area approximately 20 feet x 25
feet will be created to help store important arena assets like football/soccer
turf, floor coverings, etc. The project would also include replacing the
stormwater, sanitary sewers, and watermains in the alley.
Note that the costs are based on engineers estimates, and all trades will be
hard-bid to meet the City’s purchasing policies. We are proposing to use
ARPA for the non-utility improvements, and the utility funds for the
corresponding utility improvements.
AMOUNT REQUESTED: $750,000
FUND OR ACCOUNT: State/Federal Grants
STAFF RECOMMENDATION: Accept the proposal from Spark 43 and authorize
the expenditures not to exceed $750,000, inclusive of design and contingencies.
G. Purchase of Billboard Space from Lamar Advertising Planning
SUMMARY OF REQUEST: Request to purchase up to $13,720 in billboard
advertisements as part of the city’s community outreach for safe marihuana
consumption.
Page 4 of 9
The City received $112,000 last year from excise tax from marihuana sales. 35%
of that money ($39,200) is to be allocated for the Muskegon Social Equity
Program. 35% of that money ($13,720) is to be spent on education and
community outreach for responsible marihuana consumption related to harm
reduction. Please see the advertisement renderings to choose from as well as
the quote from Lamar Advertising. The quote lists panels of information for each
potential location. Each panel includes a start date, rate per cycle, and a one-
time production fee. A cycle is 28 days long so most of the quotes are for four
cycles.
Staff Recommendation one includes $3,000 for Provisioning Center Bags, $5,500
for Industrial Park Message Board (11 months), and $5000 for Arena Message
Board (10 months), for a total of $13,500.
Staff Recommendation two includes $3,000 for Provisioning Center Bags, $6,000
for Industrial Park Message Board and $4,808 for billboard location #2, for a total
of $13,808.
AMOUNT REQUESTED: Up to $13,720
FUND OR ACCOUNT: General Fund
STAFF RECOMMENDATION: To approve staff recommendation number one
of the marihuana educational campaign.
H. Precinct Boundary Changes City Clerk
SUMMARY OF REQUEST: Following the 2020 Census, State of Michigan
Redistricting, and County Reapportionment, we are requesting changes to
some precinct boundaries in order to better balance the number of registered
voters in each ward.
Due to the timeline for getting changes submitted to the State of Michigan,
Bureau of Election, we are seeking approval of the changes so that we can
submit our revisions as soon as possible.
The deadline to file ballot wording of proposals qualified to appear on the
May 3, 2022 ballot is February 8, 2022 and we have been told to expect the
MAISD to file.
The deadline for precinct boundary changes to be submitted for the May 3,
2022 Election is March 4, 2022. The deadline for precinct boundary changes
to be submitted for the August 2, 2022 Primary is April 4, 2022. We would like
to have the changes made before the May Election to allow for time to send
new voter ID cards to voters in the City of Muskegon. Approximately 721
voters will be assigned to new precincts and polling places. All voters will
receive new ID cards to identify changes to Precinct, Ward, Polling Place,
County Commission District, State House District, State Senate District, and
Congressional District numbers.
Page 5 of 9
Change #1 – move approximately 164 voters from Ward 3 Precinct 10 to
Ward 2 Precinct 7 – these are voters at 550 W. Western, the Amazon Building.
(These voters are supposed to be in precinct 7, this is a correction that needs
to be made anyway.)
Change #2 – move approximately 299 voters from Ward 1 Precinct 2 to Ward
2 Precinct 5 – these are voters in an area West of Getty between Brusse and
Marcoux. This helps with balancing the number of registered voters per ward
as well as making a clearer, more concise boundary line.
Change #3 – move approximately 33 voters from Ward 4 Precinct 11 to Ward
3 Precinct 9 – these are voters in an area East of Glade between Laketon
and Hackley. This helps with balancing the number of registered voters per
ward as well as making a clearer, more concise boundary line.
Change #4 – move approximately 225 voters from Ward 4 Precinct 12 to
Ward 3 Precinct 10 – these are voters in an area South of Laketon, Northwest
of Ruddiman Creek. This helps with balancing the number of registered voters
per ward as well as making a clearer, more concise boundary line.
STAFF RECOMMENDATION: To concur with the recommendation of the City
of Muskegon Election Commission and adopt the resolution to alter precinct
boundaries.
I. CRC Recommendations City Clerk
SUMMARY OF REQUEST: To concur with the CRC recommendations to make
appointments. The CRC recommends the following:
- Lakeside Business Improvement District – Allen Serio and Melanie
Lyonnais (Assessed property owners or their representatives) – terms
expiring 1/31/2025
- Citizen’s District Council – Veania Coleman (Citizen at-large) – term
expiring 1/25/2022
STAFF RECOMMENDATION: To concur with the recommendation of the CRC
to accept the appointments to the Lakeside Business Improvement District and
the Citizen’s District Council.
Motion by Commissioner Ramsey, second by Commissioner Gorman, to accept
the consent agenda as presented.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Ramsey, and Gorman
Nays: None
MOTION PASSES
2022-12 UNFINISHED BUSINESS:
A. Amendment to the Form Based Code – 2nd Reading Planning
Page 6 of 9
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)
requirements from six feet 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 Ramsey, 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) requirements from six feet to five
feet and reduce the side build-to-zone (at side street) from 10-25 feet to 5-25
feet.
ROLL VOTE: Ayes: St.Clair, Johnson, Ramsey, and Gorman
Nays: Emory
MOTION PASSES
2022-13 NEW BUSINESS:
A. HBA Demolitions – 275 Myrtle, 1470 Samburt, and 561 Catherine Public
Safety
SUMMARY OF REQUEST: The Housing Board of Appeals approveD the
demolition of 275 Myrtle, 1470 Samburt, and 561 Catherine.
This is to request that the City Commission concur with the finding s of the
Housing Board of Appeals that the structures located at 275 Myrtle, 1470
Samburt, and 561 Catherine are unsafe, substandard, a public nuisance and
that they be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structures and
that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent, or responsible party if they do not
demolish the structure.
FUND OR ACCOUNT: 101-80387-5356
STAFF RECOMMENDATION: To concur with the Housing Board of appeals to
demolish 275 Myrtle, 1470 Samburt, and 561 Catherine and approval from
commission to accept bids on this demolition.
Page 7 of 9
Motion by Commissioner Ramsey, second by Commissioner Gorman, to concur
with the Housing Board of Appeals decision to demolish 275 Myrtle and 1470
Samburt and approval from commission to accept bids on this demolition.
ROLL VOTE: Ayes: Johnson, Ramsey, Gorman, Emory, and St.Clair
Nays: None
MOTION PASSES
Motion by Commissioner St.Clair, second by Commissioner Emory, to concur
with the Housing Board of Appeals decision to demolish 561 Catherine and
approval from commission to accept bids on this demolition.
ROLL VOTE: Ayes: Ramsey, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
B. Amendment to the Marihuana Facilities Overlay District – 1314 E Apple
Avenue Planning
SUMMARY OF REQUEST: Request to amend Section 2331 of the zoning
ordinance to include 1314 E Apple Avenue into the Marihuana Facilities overlay
District with retail, provision centers and class B recreational grows as approved
license types, by Lake Michigan Labs.
The Planning Commission recommended approval of this request by a 6-1 vote.
STAFF RECOMMENDATION: To approve the request to amend Section 2331
of the zoning ordinance to include 1314 E Apple Avenue into the Marihuana
Facilities Overlay District with retail, provision centers and class B recreational
grows as approved license types.
Motion by Commissioner St.Clair, second by Commissioner Emory, to approve
the request to amend Section 2331 of the zoning ordinance to include 1314 E
Apple Avenue into the Marihuana Facilities Overlay District with retail, provision
centers and class B recreational grows as approved license types.
ROLL VOTE: Ayes: Ramsey, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
SECOND READING REQUIRED
ANY OTHER BUSINESS: Commissioner Gorman asked about the goal setting
meeting. The goal setting meeting has been tentatively scheduled for April 15,
2022. Mayor Johnson distributed copies of a Climate Emergency Resolution
adopted by the City of Montague for Commissioners to review for consideration
of adopting the same or similar resolution at the upcoming Legislative Policy
Committee Meeting.
Page 8 of 9
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 9 of 9
Sign up for City of Muskegon Emails