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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 13, 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, September 13,
2022, Vice Mayor Willie German, Jr., opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners
Teresa Emory, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, and Eric
Hood, Interim City Manager LeighAnn Mikesell, City Attorney John Schrier, and
City Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2022-79 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 8, 2022 and the
August 9, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. General Fund Transfers for FY2021-22 Finance
SUMMARY OF REQUEST: During the close out of fiscal year 2021-22 and based on
the financial results for the fiscal year ended June 30, 2022 we want to transfer
$115,000 from the General Fund to the Trinity health Arena Fund to eliminate a
fund balance deficit. Also, we want to transfer $2,500 from the General Fund to
the Tree Fund to eliminate a fund balance deficit. Finally, we want to transfer
$40,750.14 from the General Fund to the State Grants fund to cover bad debt.
Staff is requesting formal approval of these General Fund transfers.
At the close of FY2021-22 three funds that required a transfer from the General
Fund. (1) the FY2021-22 budget called for a General Fund transfer of $115,000 to
the Trinity health Arena Fund to avoid a fund balance deficit. The original
budget REQUESTED A $350,000 TRANSFER TO THE Trinity Health Arena. The
Arena’s revenue was better than projected and we thought the Arena did not
need any transfer from the General Fund. However, at the end of the 2021-22
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year the expenditures exceeded revenue by approximately $115,000. (2) The
Tree fund has a small deficit that needs to be covered by the General Fund of
$2,500 to avoid a fund balance deficit. (3) The FY2021-22 budget called for
General Fund transfer of $40,750.41 to the State Grant fund to write off bad debt
from the CMI Site Assessment and Hendrickson Brownfield loan. Commission
previously approve the debt write off at the July 26, 2022 meeting. Now we are
officially asking to transfer the funds from the General Fund to complete the
debt write off.
STAFF RECOMMENDATION: To approve the General Fund transfers of $115,000 to
the Trinity Health Fund, $40,750.14 to the State Grants Fund, and $2,500 to the
Tree Replacement Fund.
D. PowerMIFleet Enrollment Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to enroll in the
PowerMIFleet Program.
The PowerMIFleet program through Consumers Energy provides assistance to
the City in seeking to begin consideration for electrifying the city’s fleet of
vehicles. Through the program Consumers Energy will provide a number of
services to assist the city in a number of ways.
• Review of existing fleet to determine the vehicles best suited for
electrification.
• Review of existing facilities to determine the best location for installation of
charging infrastructure.
• Identification and pursuit of grants and rebates to support the initiative.
There is no immediate cost for enrollment in the program, however in exchange
for enrollment in the program, the city is making a commitment to purchase and
deploy at least one (1) electric vehicle through the program. There is no set
timeline for when that needs to be accomplished but note that the current FY
budget did not propose any EV so if there is opportunity to take action yet this
FY there could be unbudgeted costs with minimal modification provided they
are not excessive.
STAFF RECOMMENDATION: Authorize staff to enroll in the PowerMIFleet Program
with Consumers Energy.
F. Wastewater Committee Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the resolution to
designate the representatives for the County Wastewater Committee.
Staff is requesting to update this resolution to replace the City Manager with the
Deputy DPW Director as the alternate representative on the County Wastewater
Committee.
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STAFF RECOMMENDATION: Approve the resolution appointing the DPW Director
as the representative to the County Wastewater Committee and the Deputy
DPW Director as the alternate representative and authorize the Clerk to sign.
H. MDEGLE Grant Agreement Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to sign the grant
agreement with MDEGLE.
The City of Muskegon was awarded a $687,000 grant from the Michigan
Department of Environment, Great Lakes, and Energy (MDEGLE) through their
Drinking Water Infrastructure (DWI) Program. The grant is tied to the 2023 project
on Sanford Street; with the remainder of the project expenses financed through
the state revolving fund programs which provide additional principal forgiveness
in addition to the grant dollars awarded through the DWI program.
The grant and revolving fund programs continue to help ensure we can deliver
an efficient and effective capital program within our water/sewer systems. Even
though the programs require additional work to meet compliance along with
carrying several provisions that would otherwise be optional for the city (Buy
America for Iron/Steel Components & Prevailing Wage) the grants, principal
forgiveness, and financing terms available to the city through these programs
have provided immense benefit.
Accepting the grant will not run concurrent with our other work on Sanford
Street and does not add any expenses to the City.
Staff is recommending acceptance of the grant and plans to continue pursuing
additional opportunities for future financing within the state programs.
STAFF RECOMMENDATION: To authorize staff to sign and accept the grant
agreement with MDEGLE.
I. Back Hoe Purchase DPW/Equipment
SUMMARY OF REQUEST: Backhoe purchase from Michigan Cat, the MI-Deal
State contract holder for a price of $121,000. The Equipment Division is seeking
permission to purchase one new backhoe form Michigan Caterpillar, the Mi-
Deal contract holder for a price of $121,000 coming from the 2022/23 budget.
This backhoe will replace one of our older machines.
AMOUNT REQUESTED: $121,000 AMOUNT BUDGETED: $121,000
FUND OR ACCOUNT: Equipment Account
STAFF RECOMMENDATION: To approve the Equipment Division to proceed with
the purchase.
K. US Army Corps of Engineers Lease City Manager
SUMMARY OF REQUEST: Staff is requesting approval to renew the lease with the
US Army Corps of Engineers for use of the navigation structures at the Muskegon
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Harbor Federal Navigation Project.
The lease would authorize the continuation of passive recreational activities on
the US South Breakwater, the US South Revetment and Pier, and allow for the
operation and maintenance of pier safety devices on the US North and South
Breakwaters
STAFF RECOMMENDATION: To approve the lease renewal with the US Army
Corps of Engineers and authorize the mayor and clerk to sign.
L. Juneteenth Holiday City Manager
SUMMARY OF REQUEST: Staff is seeking approval to add the federally recognized
Juneteenth holiday as a recognized for all city staff starting in 2023.
The holiday will be observed on the same date as the federal Juneteenth
holiday each year.
Each union’s language relating to holiday pay, time off for holidays,
compensatory time, and overtime on a holiday will apply to the Juneteenth
holiday as it would to any other recognized holiday for that union.
STAFF RECOMMENDATION: To approve the inclusion of Juneteenth as a
recognized holiday for all city staff beginning in 2023.
M. Email Migration to the Cloud with Enhanced Security, Backup, and User
Training Information Technology
SUMMARY OF REQUEST: Authorize the migration of our on-prem systems to a
cloud-hosted solution adding advanced email protection, backup, archival,
and user security awareness training.
To improve the security and functionality of the user email experience. The I.T.
Department would like to upgrade and move our email systems to Microsoft’s
government cloud protected by a Barracuda Networks advanced email
security solution. This migration provides benefits such as larger mailbox storage
(50GB per mailbox), advanced net-gen AI threat protection, cloud-to-cloud
backup and archival, and end-user security awareness training. The initial cost
for the first year of cloud-hosted services and full implementation is $64,000. The
yearly cloud subscription fee for subsequent years will be $49,000. Broken down,
these subscriptions amounts are $4 per user per month for email and $10.89 per
user per month for protection, training, archival and backup. Amounts are
budgeted.
AMOUNT REQUESTED: $64,000 AMOUNT BUDGETED: $64,000
FUND OR ACCOUNT: 101-228
STAFF RECOMMENATION: To approve the implementation of cloud-hosted email
with added advanced protection, archival, backup, and training.
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N. District Library Board Appointment City Clerk
SUMMARY OF REQUEST: To appoint Clayton Hardiman to the District Library
Board, term expiring June 30, 2026.
STAFF RECOMMENDATION: To make the appointment.
Motion by Vice Mayor German, second by Commissioner Ramsey, to accept
the consent agenda as presented, minus items B, E, G, and J.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
German
Nays: None
MOTION PASSES
2022-80 REMOVED FROM CONSENT AGENDA:
B. Flag Policy City Clerk
SUMMARY OF REQUEST: To adopt the updated flag policy.
Based on the Attorney’s recommendation, staff felt it necessary to recommend
changes tour current flag policy. The proposed policy would not allow the flying
of any flags with the exception of United States of America, State of Michigan,
the County of Muskegon, the City of Muskegon flag, a Sister Cities of the City of
Muskegon flag, and visiting dignitaries from the Embassy and/or Consulate that
are formally acknowledged by the Mayor and/or City Commission.
STAFF RECOMMENDATION: To adopt the amended flag policy as presented.
Motion by Commissioner St.Clair, second by Commissioner Hood, to adopt the
amended flag policy as presented.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
Gorman
Nays: None
MOTION PASSES
E. Shoreline Drive Engineering Amendment Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to sign the amendment
to the professional services agreement with Progressive AE in relation to the
Shoreline Drive Road Diet.
ProgressiveAE is requesting an amendment to the professional services
agreement related to a change on the Shoreline Drive project outside of the
original scope. The amendment requests an additional $13,700 which represents
a 28% increase on the original $49,090 contract and requires commission
approval based on the percentage increase.
The additional costs are related to a change in the project scope to complete
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the pilot in tow separate phases rather than a single phase. The split phasing
required the engineer to develop additional sets of plans and also provides an
opportunity for additional data collection during both phases which was not
originally anticipated in the scope.
AMOUNT REQUESTED: $13,700 (INCREASE) AMOUNT BUDGETED: $115,000
$62,790 (TOTAL) (21/22 & 22/23)
FUND OR ACCOUNT: 202
STAFF RECOMMENDATION: Authorize staff to approve the amendment request
with ProgressiveAE for Shoreline Drive Traffic Engineering.
Motion by Vice Mayor German, second by Commissioner Emory, to approve the
amendment request with ProgressiveAE for Shoreline Drive Traffic Engineering.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
Nays: German
MOTION PASSES
G. Shoreline Drive Traffic Control Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to accept the bid from
Give Em A Brake Safety in the amount of $31,075.00 to provide the Traffic
Control services for the Shoreline Drive Road Diet Pilot.
Staff solicited bids for traffic control services for the Shoreline Drive Road Diet
project based on a split phase approach with a portion to be completed during
the Fall of 2022 and a second portion to be completed in the Spring/Summer of
2023.
One (1) bid was received as follows:
• $31,075.00 – Give Em A Brake Safety (Grandville, MI)
Staff is recommending the contract be awarded to the low bidder for the
project.
The bid will provide the traffic control necessary for both stages of the pilot and
likely represents the largest cost aside from the traffic engineering and study
components of the project.
There will be at least one additional item to consider for this project which is still
being developed and refined by staff. The additional item will include features
that invite users to imagine future uses of the reclaimed space. Staff is still
working to secure commitments and pricing for those features and anticipates
having that back for discussion at a later date if the price warrants additional
commission action.
AMOUNT REQUESTED: $31,075.00 AMOUNT BUDGETED: $115,000
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(21/22 & 22/23)
FUND OR ACCOUNT: 202
STAFF RECOMMENDATION: Authorize staff to accept the bid from Give Em A
Brake Safety in the amount of $31,075 to provide traffic control services in
conjunction with the Shoreline Drive Road Diet Pilot.
Motion by Commissioner St.Clair, second by Commissioner Ramsey, to authorize
staff to accept the bid from Give Em A Brake Safety only for Phase 1 and Phase 2
Traffic Control during the Fall of 2022 in the amount of $16,825 in conjunction with
the Shoreline Drive Road Diet Pilot and delay a decision on Phase 3 Traffic
Control until results of the Fall Pilot are available for consideration.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Gorman, Emory, and St.Clair
Nays: German
MOTION PASSES
J. Rezoning of 2043, 2051, 2065, and 2075 Dowd to Form Based Code, Urban
Residential Planning
SUMMARY OF REQUEST: Staff-initiated request to rezone the properties at 2043,
2051, 2065 and 2075 Dowd Street from R-3, High Density Single Family Residential
to Form Based Code, Urban Residential.
Staff is in discussions with a developer that is requesting to build duplexes on the
lots. These properties are located about 600 feet north of the duplexes currently
being constructed at the corner of Hackley/Dowd. Those properties were
approved for a rezoning in 2021. There are also large apartment complexes
located just to the southwest of these parcels. The Planning Commission
recommended approval of the rezoning by a 5-0 vote at their August 11
meeting.
STAFF RECOMMENDATION: To approve the request to rezone the properties at
2043, 2051, 2065 and 2075 Dowd from R-3, High Density Single Family Residential
to Form Based Code, Urban Residential.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve
the request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from
R-3, High Density Single Family Residential to Form Based Code, Urban
Residential.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and
Johnson
Nays: None
MOTION PASSES
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2022-81 NEW BUSINESS:
A. Adelaide Pointe Cooperative Use Agreement City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the updated cooperative
use agreement and rescission of the former development agreement for the
Adelaide Pointe development.
A development agreement for the Adelaide Pointe development was
approved by the commission on October 26, 2021. Staff and legal counsel are
negotiating with the developer on revised terms and seek to rescind the former
agreement.
Staff is seeking approval of the revised cooperative use agreement as the first
step in a final development agreement for the property. The cooperative use
agreement addresses the various property exchanges, how property will be
accessible to the public, and collaborative pursuit of funding. Staff and legal
counsel have worked through numerous iterations of this agreement with the
developer and have reached agreement that all can support.
Staff will seek approval of a revised development agreement at a future
meeting.
STAFF RECOMMENDATION: To approve the updated cooperative use
agreement and rescind the development agreement formerly approved on
October 26, 2021 for the Adelaide Pointe development.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve
the request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from
R-3, High Density Single Family Residential to Form Based Code, Urban
Residential.
*2/28/23 CORRECTION TO MOTION LANUGAGE below:
*Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
the updated cooperative use agreement and rescind the development
agreement formerly approved on October 26, 2021 for the Adelaide Pointe
development.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and
Hood
Nays: None
MOTION PASSES
B. Designation of Voting Delegates for the Michigan Municipal League
Annual Meeting City Commission
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and,
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if possible, to designate one other official to serve as an alternate.
Motion by Commissioner Ramsey, second by Commissioner Hood, to appoint
Mayor Ken Johnson and alternate Clerk Ann Meisch, to be in attendance and to
cast the vote of the municipality at the Annual Business meeting of the Michigan
Municipal League Convention.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and
Ramsey
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Commissioner Ramsey requested and received an update from Leo Evans,
Director of the Department of Public Works, on the project on Terrace Street to
hopefully clear up any questions or concerns by the residents and neighbors. It is
intended to have construction complete on Terrace by mid-November to early
December with the ability to plant grass in the Spring. Access to all business is still
able to be achieved by use of side streets.
Mayor Johnson invited Public Safety Director, Tim Kozal, to introduce himself and
talk about how his first couple of weeks on the job has gone.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:23 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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