City Commission Minutes 07-11-2023

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                                 City of Muskegon
                             City Commission Meeting
                                      Minutes


                               July 11, 2023, 5:30 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

Present:              Mayor Ken Johnson
                      Commissioner Rachel Gorman
                      Commissioner Rebecca St.Clair
                      Commissioner Eric Hood
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Staff Present:        City Manager Jonathan Seyferth
                      City Clerk Ann Meisch
                      City Attorney John Schrier
                      Deputy City Clerk Kimberly Young



1.    Call To Order
      Mayor Johnson called the Muskegon City Commission meeting to order at 5:30
      p.m.
2.    Prayer
      Vice Mayor Willie German, Jr. opened the meeting with a 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    Recognition of Clerk

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           City Clerk, Ann Meisch, was recognized for her assistance to the Wings
           Over Muskegon Event.
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-77
     Motion by: Commissioner Ramsey
     Second by: Commissioner Gorman
     To accept the consent agenda as presented, minus item 7c, 7d, 7h, 7m, and 7n.
     Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
     Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
     Commissioner Emory
                                                              MOTION PASSES (7 to 0)


     7.a   Approval of Minutes - City Clerk
           To approve the minutes of the June 12, 2023 Worksession and June 13,
           2023 Regular meeting.
           STAFF RECOMMENDATION: To approve the minutes.
     7.b   Easement for Electric Facilities at 159 McLaughlin Ave - Planning
           Consumers Energy is seeking a thirty (30) foot wide strip of land, being
           fifteen (15) feet on each side of the centerline to obtain electricity for the
           construction of a residential structure at 159 McLaughlin Ave. which is a
           City owned parcel that is being developed.
           Consumers Energy has requested an easement for utility pole(s) on each
           side of the centerline to obtain electricity for the construction of a
           residential structure at 159 McLaughlin Ave. which is a City owned parcel
           that is being developed.
           STAFF RECOMMENDATION: To grant an easement to Consumers
           Energy on the City’s property for 159 McLaughlin Ave. and authorize the
           Mayor to sign the easement documents.
     7.e   Second ARP Amendment for West Urban - Development Services



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      Staff is seeking approval to add 1 lot at 1077 Sophia to the ARP
      Agreement for West Urban to construct 3 homes.
      In an effort to construct more affordable product and keep our target AMI
      statistics on track with the buyer pool, we have worked with West Urban to
      design some housing product that can be built and marketed at lower
      price points. The lot we are requesting is perfectly shaped to add three
      smaller units that can be sold for lower costs, making them attainable for
      low/mod income potential buyers in this interest rate environment.
      This item does not change the total number of homes we have contracted
      for the ARP infill housing program, simply where three of them will be
      located. At the end of the program, we may have lots left over on the
      exhibit, in which case we will simply terminate the remaining lots from the
      agreement to free them up for other infill housing programs in the future.
      STAFF RECOMMENDATION: To approve the Second Amendment to the
      West Urban Infill Housing Residential Construction Agreement as
      presented and to authorize the Mayor and Clerk to sign.
7.f   123.NET Metro Act Permit Extension - DPW
      123.NET requests approval of an amendment to their existing Metro Act
      permit to access and use the public right-of-way within the city for
      telecommunications purposes.
      123.Net currently holds a Metro Act permit with the City of Muskegon.
      That agreement is set to expire on 02/10/2025. 123.Net desires to extend
      the term of the permit 5 years to 03/27/2028. Several telecommunications
      companies hold these permits in order to provide services to City
      residents and businesses. The permit includes restrictions on how and
      where the lines and other equipment can be installed.
      STAFF RECOMMENDATION: To approve the Metro Act Permit Extension
      requested by 123.NET and authorize the DPW Director to sign.
7.g   Lead Service Line Replacements - DPW
      Authorize the award of the 2024 Lead Service Line Replacement Contract
      to SWT Excavating, and authorize the clerk to sign the attached
      resolution.
      Our engineering consultant Prein & Newhof solicited bids for lead service
      line replacements. This project was introduced to the Commission at the
      October 25, 2022 regular meeting when the engineering work was


                                    3
awarded. It was also included in our DWRF and CWSRF Project Plans in
June of 2021. The original locations proposed are Apple Avenue (in
advance of MDOT’s 2026 reconstruction of that street) and the East
Campbell Field area.
The low bidder, SWT Excavating, is currently performing a similar project
for the City of Muskegon Heights, also overseen by Prein & Newhof. Their
lowest bid of $3,462,145.86 is below the engineer’s estimate. Staff
recommends award to Kamminga & Roodvoets on the basis of Prein &
Newhof’s experience with them on their project in Muskegon Heights, and
the similarity between the projects.
SWT’s bid was well below the engineer’s estimate. Prein & Newhof
worked with the state to identify additional lead service lines that could be
added to the contract if the bids came in favorably. This way we do not let
available principal forgiveness go back to the state. So, staff is
simultaneously requesting approval of a change order of $1,005,642 to
SWT’s bid to increase the contract cost to $4,467,787.86 which will allow
us to take advantage of the full amount of bonding and principal
forgiveness being offered to us through the state and replace 120 more
lead service lines in the Oakview neighborhood.
This project is financed through the sale of bonds in partnership with the
State of Michigan Clean Water State Revolving Fund. The State program
offers grants and principal forgiveness for portions of the project. We
anticipate that when bonds are sold later this summer, we will be offered
grants and forgiveness worth 75% of the project cost. For this project that
is estimated at $3,350,840.90 of aid. The remainder of the project will be
financed over 20 years with a 1.875% interest rate.
The portion of the project that will be financed will be added to the water
debt fee. Staff estimates that when fully in effect in FY25, the sewer debt
fee associated with this project will be $0.34 per month on a standard
residential bill.
AMOUNT REQUESTED: $4,467,787.86 (Total) - $1,116,946.96 (Bonded)
FUND OR ACCOUNT: Sewer (590)
STAFF RECOMMENDATION: To approve award of the 2024 Lead
Service Line Replacement Contract to SWT Excavating, contingent upon
successful financial arrangements with the CWSRF program, and
authorize the Clerk to sign the resolution.



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7.i   Wilcox-Thompson Street Reconstruction - DPW
      Authorize the award of the Wilcox-Thompson Street Reconstruction
      Contract to the low bidder, Kamminga & Roodvoets, and authorize the
      clerk to sign the resolution.
      Our engineering consultant Prein & Newhof solicited bids for sewer
      replacement, water main replacement, lead service line replacement and
      street reconstruction in the Bluffton neighborhood. This project was
      introduced to the Commission at the October 25, 2022 regular meeting
      when the engineering work was awarded. It was also included in our
      DWRF and CWSRF Project Plans in June of 2021. A map of the project is
      shown at the right.
      The low bidder, Kamminga & Roodvoets, has performed similar projects
      for the City, including currently working on the Sanford project, and is
      highly recommended by staff and by Prein & Newhof. Their low bid of
      $4,048,154.05 is below the engineer’s estimate.
      This project is financed through the sale of bonds in partnership with the
      State of Michigan Clean Water and Drinking Water Revolving Funds. The
      State of Michigan programs offer grants and principal forgiveness for
      portions of the project. We anticipate that when bonds are sold later this
      summer, we will be offered grants and forgiveness worth 75% of the water
      system cost, and 50% of the sewer system cost. For this project that is
      estimated at a combined $2,497,306.23 of aid. The remainder of the
      project will be financed with a 1.875% interest rate.
      The portion of the project that will be financed will be added to the water
      and sewer debt fees. Staff estimates that when fully in effect in FY25, the
      combined debt fees associated with this project will be $0.47 per month on
      a standard residential bill.
      AMOUNT REQUESTED: $4,048,154.05 (Total) - $1,550,847.82 (Bonded)
      FUND OR ACCOUNT: 590 (Sewer) & 591 (Water)
      STAFF RECOMMENDATION: To approve award of the Wilcox-Thompson
      Streets Reconstruction Project to Kamminga & Roodvoets, contingent
      upon successful financial arrangements with the CWSRF and DWRF
      programs, and authorize the Clerk to sign the resolution.
7.j   Harbour Towne & Edgewater Lift Station Repairs Project - DPW




                                    5
Authorize the award of the Harbour Towne and Edgewater Lift Station
Repairs Contract to Jackson-Merkey, and authorize the clerk to sign the
resolution.
Our engineering consultant Prein & Newhof solicited bids for pump
replacements and other repairs to the Harbour Towne and Edgewater Lift
Stations. This project was introduced to the Commission at the October
25, 2022 regular meeting when the engineering work was awarded. It was
also included in our DWRF and CWSRF Project Plans in June of 2021.
The low bidder, Jackson-Merkey, has performed similar projects for the
City, including having built both of these lift stations at the time of their
original construction. Their low bid of $424,995 is below the engineer’s
estimate and $2,505 below the second lowest bid. The City has had
mixed results with Jackson-Merkey. The second half of the Terrace Street
project was better managed than previous projects, and due to program
requirements the City would be responsible to pay for the “extra” $2,505 if
we were to award to the second lowest bidder. For these reasons, staff
recommends award to Jackson-Merkey.
This project is financed through the sale of bonds in partnership with the
State of Michigan Clean Water State Revolving Fund. The State
programs offer grants and principal forgiveness for portions of the project.
We anticipate that when bonds are sold later this summer, we will be
offered grants and forgiveness worth 50% of the sewer system cost. For
this project that is estimated at $213,750 of aid. The remainder of the
project will be financed with a 1.875% interest rate.
The portion of the project that will be financed will be added to the sewer
debt fee. Staff estimates that when fully in effect in FY25, the sewer debt
fee associated with this project will be $0.07 per month on a standard
residential bill.
AMOUNT REQUESTED: $427,500 (Total) - $213,750 (Bonded)
FUND OR ACCOUNT: Sewer (590)
STAFF RECOMMENDATION: To approve award of the Harbour Towne
and Edgewater Lift Station Repairs Project to Jackson-Merkey, contingent
upon successful financial arrangements with the CWSRF program, and
authorize the Clerk to sign the included resolution.: I move to approve
award of the Harbour Towne and Edgewater Lift Station Repairs Project to
Jackson-Merkey, contingent upon successful financial arrangements with
the CWSRF program, and authorize the Clerk to sign the resolution.

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7.k   Contract Award - Keating Industrial to Port City
      Staff is requesting authorization to approve a contact with Asphalt Paving
      Inc, in the amount of $201,644.45 for the repaving of Keating Avenue from
      Industrial Boulevard to Port City Boulevard.
      Bids were solicited for a construction project to mill and resurface Keating
      Ave from Industrial to Port City, along with necessary casting adjustments
      and maintenance of traffic. Asphalt Paving, Inc. provided the low bid.
      AMOUNT REQUESTED: $201,664.45
      FUND OR ACCOUNT: 202 (Major Streets)
      STAFF RECOMMENDATION: To authorize staff to enter into a contact
      with Asphalt Paving, Inc. in the amount of $201,664.45 for the resurfacing
      of Keating Avenue from Industrial Boulevard to Port City Boulevard.
7.l   Olthoff Drive Extension Project Change Order - DPW
      Staff is requesting authorization to approve a contact change order with
      Terra Excavators, LLC, in the amount of $193,404.00.
      This project has been delayed significantly from when it was awarded at
      the April 25, 2023 Commission meeting. Pipe material delays continue to
      plague the project, however close coordination with the adjacent property
      owner has prevented these delays from impacting the critical parts of the
      overall project.
      The project, as it was originally designed, required City staff to perform a
      large portion of the work on the prison site due to security concerns. As a
      part of that coordination with the adjacent property owner, the City’s
      consulting engineer and the contract worked to find ways to reduce the
      security concerns and the City’s direct responsibilities. By raising the road
      and allowing the sewer to connect further west in the existing portion
      Olthoff Drive, the need to enter the prison property for construction and for
      maintenance was eliminated. This also eliminated an estimated $166,113
      in costs the City DPW would have incurred by needing to perform work on
      the prison site.
      In effect this change order represents approximately an increase of
      $27,291 to the project, however since the contractor will now be
      performing all of the work, their contract increases by an amount of
      $193,404 as shown on the attached spreadsheet. While the original
      cnotract of $1,043,104.60 was budgeted in FY24, this change order was


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      not, and a budget reforecast will be included at the next quarter. The
      MEDC grant that paid for demolition of the prison and is paying for the
      utilities in this project has the funds to pay for this change order, so it will
      be a revenue-neutral reforecast.
      AMOUNT REQUESTED: $193,404.00 (Additional) - $1,236,508.60 (Total)
      FUND OR ACCOUNT: 445 (Public Improvement)
      STAFF RECOMMENDATION: To authorize staff to approve the change
      order amount of $193,404.00 revising the contract amount for the Olthoff
      Extension contract amount with Terra Contractors, LLC to $1,236,508.60.
7.o   Lot Sale - 1690 Creston Street - Planning
      Staff is seeking authorization to sell the City owned, 1.7-acre lot at 1690
      Creston St to Excalibur Company, which operates an industrial business
      adjacent to the parcel.
      The lot formerly contained the defunct communications tower and two
      small equipment sheds. The City usually asks for 30% of the true cash
      value for a lot. The true cash value of the lot is $30,000 (75%=$22,500).
      Staff received an estimate to remove the tower and sheds at a cost of
      $23,500. The purchase agreement was written as to convey the property
      to the buyer as long as the tower and sheds were removed from the
      property within 60 days. However, the buyer was mistaken when he
      signed the purchase agreement and removed the tower from the site on
      June 27. After becoming aware, staff instructed the buyer to not remove
      the sheds at this time. The property owner intends to construct a building
      addition once the property is purchased.
      STAFF RECOMMENDATION: To approve the lot sale request and
      authorize the Mayor and Clerk to sign the real estate purchase agreement.
7.p   Updated EGLE Loan Resolutions for Shaw Walker and Harbor 31 -
      Economic Development
      EGLE has requested that the EGLE loan resolutions for both Shaw Walker
      and Harbor 31 be updated.
      EGLE loan applications and supporting documents have been submitted
      to EGLE for both the Shaw Walker Project and Harbor 31. Our EGLE
      representative has requested that we include in both resolutions that the
      local unit of government commits to repaying the loan.



                                       8
      The resolutions for both Harbor 31 and Shaw Walker have been approved
      at the City Commissions meeting held on June 27, 2023.
      STAFF RECOMMENDATION: To approve the attached updated
      resolutions for the EGLE Brownfield Loan applications on behalf of the
      City of Muskegon and the Downtown Development authorizing the Mayor
      and Clerk to sign.
7.q   Amendment to Sale of 754 Leonard Ave - Manager's Office
      Staff is seeking approval for an amendment to the purchase agreement for
      the sale of 754 Leonard Avenue.
      Due to delays in construction, the closing date for the sale of this home
      has been shifted multiple times which has caused negative impacts on the
      mortgage interest rate of the buyer. The amendment changes the amount
      of proceeds the city will receive from the sale. The sale price remains at
      $220,000, and now the city is agreeing to contribute $8,000 toward the
      buyer’s closing costs. The original agreement (approved on November
      22, 2022) had no seller’s concession included. Staff recommends
      approving the amendment to ensure the buyer can move forward with the
      purchase. There is certainly risk that the buyer will walk away from the
      sale if the amendment is not approved.
      STAFF RECOMMENDATION: To approve the amendment to the
      purchase agreement for 754 Leonard Avenue.
7.r   Gaming Resolution for Friends of Art - City Clerk
      Friends of Art is requesting Recognition as non-profit in the City of
      Muskegon for the purpose of obtaining a charitable gaming license.
      STAFF RECOMMENDATION: To approve the request from Friends of Art
      to be recognized as a non-profit in the City of Muskegon for the purpose of
      obtaining a charitable gaming license.
7.c   GARE Membership - Manager's Office
      Staff is seeking approval to formally apply for membership with the
      Government Alliance on Race & Equity.
      Staff had participated with Ottawa County where we began work with the
      GARE framework. Staff is committed to achieving racial equity through
      improvements to our policies, practices, and procedures. We have re-
      established the Core Team and expect to complete an audit of our current



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      practices. It is important to us to formally join the GARE community and
      benefit from the resources they provide.
      Our membership comes with expectations that we will share our
      experiences, insights, challenges, and successes with other GARE
      members. We are encouraged to share our affiliation with GARE across
      our networks, media assets, and the public and to follow GARE’s social
      media policy.
      Staff propose joining as Core members which means our entire city
      government is included, and every employee has access to the resources.
      Based on our number of employees, annual dues are $1,000.
      STAFF RECOMMENDATION: To approve formal application to join the
      Government Alliance on Race & Equity.
      Action No. 2023-78(c)
      Motion by: Vice Mayor German
      Second by: Commissioner St.Clair
      To approve formal application to join the Government Alliance on Race &
      Equity.
      Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
      Ramsey, and Commissioner Emory
                                                       MOTION PASSES (7 to 0)


7.d   Land Bank Lot Purchase - Development Services
      Staff is seeking approval to purchase 10 additional residential lots from the
      Muskegon County Landbank to add to our existing infill housing programs.
      Staff has been working diligently to get more builders and investors
      involved in infilling housing for the community in light of the staggering
      data in our 5 Year Housing Needs Assessment. This has been successful
      and we are seeing an uptick in lot sales both from our inventory as well as
      the Land Bank’s intended for new construction. We are still working out
      some issues with the lots intended for the PILOT program with West
      Urban, and found these lots owned by MCLB are proximal to many of our
      other builds and future build sites. We would like to get them under site
      control in order to continue that infill program and ensure we have
      adequate lots to complete the project successfully.

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      Additionally, there is a higher charge for these lots in particular than we
      would typically see from the MCLB due to the fact we intend to add them
      to a PILOT agreement, which will cost them money on the back end.
      AMOUNT REQUESTED: $35,000
      FUND OR ACCOUNT: Public Improvement Fund, 23/24 Budgeted
      Property Acquisitions
      STAFF RECOMMENDATION: To approve application to Muskegon
      County Land Bank for purchase of 10 lots as presented for $35,000, and
      to authorize closing.
      Action No. 2023-78(d)
      Motion by: Commissioner Emory
      Second by: Vice Mayor German
      To approve application to Muskegon County Land Bank for purchase of 10
      lots as presented for $35,000, and to authorize closing.
      Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
      Ramsey, and Commissioner Emory
                                                       MOTION PASSES (7 to 0)


7.h   Morton Street Reconstruction - DPW
      Authorize the award of the Morton Street Reconstruction Contract to the
      low bidder, Jackson-Merkey, and authorize the clerk to sign the resolution.
      Our engineering consultant Prein & Newhof solicited bids for sewer
      replacement, water main replacement, lead service line replacement and
      street reconstruction in Morton Street from Lincoln to Denmark. This
      project was introduced to the Commission at the October 25, 2022 regular
      meeting when the engineering work was awarded. It was also included in
      our DWRF and CWSRF Project Plans in June of 2021.
      The low bidder, Jackson-Merkey, has performed similar projects for the
      City, including the Terrace Street project. Their low bid of $1,732,668.75
      is below the engineer’s estimate and about $275,000 below the second
      lowest bid. The City has had mixed results with Jackson-Merkey. The
      second half of the Terrace Street project was better managed than
      previous projects, and due to program requirements the City would be


                                    11
      responsible to pay for the “extra” $275,000 if we were to award to the
      second lowest bidder. For these reasons, staff cautiously recommends
      award to Jackson-Merkey.
      This project is financed through the sale of bonds in partnership with the
      State of Michigan Clean Water and Drinking Water Revolving Funds. The
      State of Michigan programs offer grants and principal forgiveness for
      portions of the project. We anticipate that when bonds are sold later this
      summer, we will be offered grants and forgiveness worth 75% of the water
      system cost and 50% of the sewer system cost. For this project that is
      estimated at a combined $1,128,660.42 of aid. The remainder of the
      project will be financed with a 1.875% interest rate.
      The portion of the project that will be financed will be added to the water
      and sewer debt fees. Staff estimates that when fully in effect in FY25, the
      combined debt fees associated with this project will be $0.17 per month on
      a standard residential bill.
      AMOUNT REQUESTED: $1,732,668.75 (Total) - $604,008.33 (Bonded)
      FUND OR ACCOUNT: Water (591), Sewer (591), & Local Streets (203)
      STAFF RECOMMENDATION: To approve award of the Morton Street
      Reconstruction Project to Jackson-Merkey, contingent upon successful
      financial arrangements with the CWSRF and DWRF programs, and
      authorize the Clerk to sign the resolution.
      Action No. 2023-78(h)
      Motion by: Commissioner Emory
      Second by: Commissioner St.Clair
      To approve award of the Morton Street Reconstruction Project to Jackson-
      Merkey, contingent upon successful financial arrangements with the
      CWSRF and DWRF programs, and authorize the Clerk to sign the
      resolution.
      Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
      Ramsey, and Commissioner Emory
                                                      MOTION PASSES (7 to 0)


7.m   Shoreline Drive Pilot Phase II - DPW



                                   12
Authorize staff to spend up to $56,000 for the implementation of the
second phase of the Shoreline Drive Traffic Pilot, including authorizing
staff to enter into contracts with Give ‘Em a Brake Safety and Barry’s
Greenhouses for $20,890 and $14,000 respectively.
At the work session meeting on June 12, 2023, staff presented options for
the implementation of the second phase of the Shoreline Drive Traffic
Pilot. This phase is intended to be longer and more representative of the
summer and event season than the first phase was last fall.
Commission expressed support for the pilot, as well as for some
“imagination stations” that would call to mind what the next version of
Shoreline Drive could look like. As discussed at the meeting, those
stations will include landscaping along the corridor, and could include a
section of parking near the Arena and/or Farmer’s Market, street art at
intersections or elsewhere, and additional stations if community partners
are interested in participating (such as a temporary or faux bus stop).
The traffic control and data collection will be set up as quickly as possible
in order to obtain data in July of 2023 and make more direct comparisons
to our baseline data from July of 2022. The imagination items will be
deployed as soon as they are available. In summary of the costs:

   •   Traffic control contract with Give ‘Em a Brake Safety: $20,890.00
       (See Attached)

   •   Landscaping by Barry’s Greenhouses: $14,000 Quote Plus $6,000
       Contingency (See Attached)

   •   Supplies and Labor for Street Artwork: $5,000

   •   Miscellaneous Imagination Station Supplies & Labor: $10,000
The total as presented here and discussed at the work session is $56,000
based on the two attached quotes and efforts to assemble the imagination
stations.
AMOUNT REQUESTED: $56,000
FUND OR ACCOUNT: 202 (Major Streets)
STAFF RECOMMENDATION: To authorize staff to spend up to $56,000
for the implementation of the second phase of the Shoreline Drive Traffic
Pilot, including authorizing staff to enter into contracts with Give ‘Em a
Brake Safety and Barry’s Greenhouses for $20,890 and $14,000
respectively.

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      Action No. 2023-78(m)
      Motion by: Vice Mayor German
      Second by: Commissioner Ramsey
      To authorize staff to spend up to $56,000 for the implementation of the
      second phase of the Shoreline Drive Traffic Pilot, including authorizing
      staff to enter into contracts with Give ‘Em a Brake Safety and Barry’s
      Greenhouses for $20,890 and $14,000 respectively.
      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
      Emory
      Nays: (1): Vice Mayor German
                                                       MOTION PASSES (6 to 1)


7.n   Splashpad RFQ/RFP - DPW
      Staff requests authorization to issue a request for qualifications/proposals
      to replace the downtown splash pad.
      During the summer of 2022 the downtown splash pad was subject to
      frequent breakdowns and disruptions in service. An extensive amount of
      resources were put towards the project on numerous occasions to provide
      what little operational use the site was able to provide in 2022. Late in
      2022 the system failed again and it was determined in the best interest to
      close it for the remainder of the year. The Parks irrigation staff have
      created a temporary fix to provide this amenity to our residents for the
      summer of 2023 to hopefully get us through the season but this is not a
      permanent solution.
      Staff is requesting approval to issue the attached request for qualifications
      to begin the next phase of this project which will start to envision a long
      term replacement for the site. Proposals received through the RFQ
      process will be reviewed and shortlisted by a team of stakeholders and
      then presented to the Commission and Public for additional feedback.
      Construction of a new site for use in 2024 is the expectation.
      The Michigan Spark Grant has awarded the City of Muskegon $250,000
      with an additional donation of $50,000 from Howmet to help with upgrades
      to the splash pad and replacement of the “Alcoa Celebration Square” sign.



                                    14
           The previous RFP for this project was developed prior to the receiving the
           Spark grant. This proposal is being created to fit into the awarded grant
           amount.
           AMOUNT REQUESTED: N/A
           AMOUNT BUDGETED: $290,000
           STAFF RECOMMENDATION: Authorize staff to issue a request for
           qualifications for the replacement of the downtown splash pad.
           Action No. 2023-78(n)
           Motion by: Commissioner Ramsey
           Second by: Commissioner St.Clair
           Authorize staff to issue a request for qualifications for the replacement of
           the downtown splash pad.
           Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
           Ramsey, and Commissioner Emory
                                                            MOTION PASSES (7 to 0)


8.   Public Hearings
     8.a   Establishment of a Commercial Redevelopment District - 420 S.
           Harvey Rental and Storage LLC - Economic Development
           420 S. Harvey Rental & Storage LLC, has requested the establishment of
           a Commercial Redevelopment District at 420 S. Harvey. The creation of
           the district will allow the building owner to apply for a Commercial
           Facilities Exemption Certificate. The Commercial Facilities Exemption Tax
           freezes the taxable value of the building and exempts the new investment
           from local taxes.
           Most recently this property was used by Sons of Norway and built in 1948.
           The sq ft of the property is about 10,754. 420 Harvey Holdings LLC (the
           company), intends to redevelop this property for retail. The total cost of
           rehabilitation will be $3,000,000, with 150 new jobs, 50 retained jobs, and
           100 construction jobs.
           The owner is seeking a Commercial Facilities Exemption Certificate for
           Phase 1 of development which will include a marijuana retailer, marijuana
           consumption lounge, restaurant/ bar, and outdoor hospitality venue.

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      STAFF RECOMMENDATION: To close the public hearing and approve
      the Establishment of the Commercial Redevelopment District at 420 S.
      Harvey authorizing the Mayor and City Clerk to sign the resolution.
      Action No. 2023-79(a)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Ramsey
      To close the public hearing and approve the Establishment of the
      Commercial Redevelopment District at 420 S. Harvey authorizing the
      Mayor and City Clerk to sign the resolution.
      PUBLIC HEARING COMMENCED: No public comments received.
      Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
      Ramsey, and Commissioner Emory
                                                      MOTION PASSES (7 to 0)


8.b   Request for a Commercial Facilities Exemption Certificate - 420 S.
      Harvey Rental and Storage LLC - Economic Development
      420 S. Harvey Rental & Storage LLC, has requested a Commercial
      Facilities Exemption Certificate 420 S. Harvey.
      Contingent to the approval of a Commercial Redevelopment District, 420
      S. Harvey Rental & Storage LLC has requested a Commercial Facilities
      Exemption Certificate for the property at 420 S. Harvey. The owner plans
      to redevelop this property and bring a new cannabis business Cannary.
      The total cost of rehabilitation will be $3,000,000, with 150 new jobs, 50
      retained jobs, and 100 construction jobs.
      The owner is seeking a Commercial Facilities Exemption Certificate for
      Phase 1 of development which will include a marijuana retailer, marijuana
      consumption lounge, restaurant/ bar, and outdoor hospitality venue. The
      Tax Abatement Committee met on July 6, 2023 to score this application
      and send along their recommendation to City Commission.
      STAFF RECOMMENDATION: To close the public hearing and approve
      the Commercial Facilities Exemption Certificate at 420 S. Harvey
      authorizing the Mayor and City Clerk to sign the resolution.
      Action No. 2023-79(b)


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             Motion by: Commissioner Ramsey
             Second by: Commissioner Emory
             To close the public hearing and approve the Commercial Facilities
             Exemption Certificate, for 8 years, at 420 S. Harvey authorizing the Mayor
             and City Clerk to sign the resolution.
             PUBLIC HEARING COMMENCED: No public comments received.
             Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
             Ramsey, and Commissioner Emory
                                                              MOTION PASSES (7 to 0)


9.    Unfinished Business
10.   New Business
      10.a   Bike Path Relocation at Adelaide Pointe - Manager's Office
             Staff is seeking approval of the exchange of property for the relocation of
             the Lakeshore Trail bike path within the Adelaide Pointe development.
             In cooperation with the development at Adelaide Pointe, staff is requesting
             a change in the alignment of the Lakeshore Trail. Exhibits showing the
             existing location of the property/trail overlayed with the proposed location
             are included for reference. Adelaide Pointe QOZB will deed to the city the
             necessary property for the trail realignment, and the city will deed to
             Adelaide Pointe QOZB the former trail property. All closing costs will be
             borne by the developer. Please note that this property exchange requires
             the city to enter into the MDNR conversion process, and staff is
             collaborating with the state on this effort.
             STAFF RECOMMENDATION: To approve the exchange of property for
             the relocation of the Lakeshore Trail within the Adelaide Pointe
             development and authorize the City Manager to sign.
             Action No. 2023-80(a)
             Motion by: Commissioner St.Clair
             Second by: Commissioner Ramsey
             To approve the exchange of property for the relocation of the Lakeshore
             Trail within the Adelaide Pointe development and authorize the Mayor and
             City Clerk to sign with the condition that a public easement be place onto

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            the promenade to the Southwest of Building B1 in the Adelaide Pointe
            approved Planned Unit Development.
            Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
            St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
            Ramsey, and Commissioner Emory
                                                             MOTION PASSES (7 to 0)


      10.b District Library Board Appointment - City Clerk
            To make an appointment to the District Library Board for a citizen position
            with a term expiring June 30, 2027. There are two qualified applicants,
            Thomas DeVoogd and Karen Evans. Karen Evans held this appointment
            until the term expired on June 30, 2023.
            STAFF RECOMMENDATION: To make an appointment to the citizen
            position on the District Library Board, term expiring June 30, 2027.
            Action No. 2023-80(b)
            Motion by: Commissioner Ramsey
            Second by: Commissioner Hood
            To appoint Karen Evans to the citizen position on the District Library
            Board, term expiring June 30, 2027.
            Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
            St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
            Ramsey, and Commissioner Emory
                                                             MOTION PASSES (7 to 0)


11.   Any Other Business
      City Manager Jonathan Seyferth advised that we are still looking for a meeting
      date to review recommendations from the ARPA Community Grant Committee.
      Commissioner Hood questioned the policy regarding city residents receiving free
      beach parking passes.
12.   Public Comment on Non-Agenda items
      Public comments were received.
13.   Closed Session


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14.   Adjournment
      The City Commission meeting adjourned at 8:00 p.m.
      Motion by: Commissioner Ramsey
      Second by: Commissioner Gorman
      To adjourn.
                                                               MOTION PASSES




                                                    _________________________
                                                           Respectfully Submitted,
                                               Ann Marie Meisch, MMC - City Clerk




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