City Commission Minutes 09-12-2023

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                                 City of Muskegon
                             City Commission Meeting
                                      Minutes


                           September 12, 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
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Absent:               Vice Mayor Willie German, Jr.

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
      Dr. Rob Renberg, Anchor Point Bible Church, opened the meeting with 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


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6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-95
     Motion by: Commissioner Ramsey
     Second by: Commissioner St.Clair
     To accept the consent agenda as presented, minus item 7e, 7f, and 7g.
     7.a   Approval of Minutes - City Clerk
           To approve the minutes of the August 22, 2023 Regular Meeting.
           STAFF RECOMMENDATION: To approve the minutes.
     7.b   Rezoning of 417 Jackson Ave - 2nd Reading - Planning
           Staff-initiated request to rezone the property at 417 Jackson Ave from R-1,
           Low Density Single-Family Residential to Form Based Code,
           Neighborhood Core.
           The Planning Commission unanimously recommended approval of the
           rezoning at their August 10 meeting.
           STAFF RECOMMENDATION: To approve the request to rezone property
           at 417 Jackson Ave from R-1, Low Density Single-Family Residential to
           Form Based Code, Neighborhood Core.
     7.c   Rezoning of 1225 E Laketon Ave - 2nd Reading - Planning
           Request to rezone the property at 1225 E Laketon Ave from I-2, General
           Industrial to B-4, General Business, by Tread Monkey, LLC.
           The Planning Commission unanimously recommended approval of the
           rezoning at their August 10 meeting.
           STAFF RECOMMENDATION: To approve the request to rezone the
           property at 1225 E Laketon Ave from I-2, General Industrial to B-4,
           General Business.
     7.d   Rezoning of several properties on Myrtle Ave, Allen Ave, and Jay St
           in the Angell Neighborhood - 2nd Reading - Planning
           Request to rezone the following parcels from R-3, High Density Single
           Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle


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      Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and
      923 Jay St, by Spire Development.
      The Planning Commission unanimously recommended approval of the
      rezoning at their August 10 meeting.
      STAFF RECOMMENDATION: To approve the request to rezone 139
      Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave;
      and 923 Jay St from R-3, High Density Single Family Residential to Form
      Based Code, Neighborhood Core.
7.h   Community Relations Committee Recommendations - City Clerk
      To concur with the CRC Recommendations on the following boards and
      commissions removals and appointments.
      Consider approval of the following CRC Recommendations:
      Accept resignation – Michael Johnson, DDA/BRA member with property
      interest,
                           term exp. 01/31/25
      Appoint members – Shaundrica Roberts, Citizen’s Police Review Board
      Citizen AL,
                        term exp.01/31/25
                          Shonie Blake, Planning Commission, Citizen, term
      exp. 01/31/26
                          Mary Louise LaBelle, Civil Service, Citizen, term exp
      .01/31/25
                          Dan Rinsema-Sybenga, CDBG Citizen’s District
      Council, Ward 2 Citizen,
                          term exp. 01/31/24
      STAFF RECOMMENDATION: To concur with the resignation and
      appointment recommendations of the CRC.
7.e   Firefighting Turnout Equipment - Public Safety
      The Fire Department is seeking approval to purchase firefighting turnout
      gear to replace worn and aging equipment.
      The Fire Department is seeking approval to purchase thirteen (13) sets of
      firefighting turnout gear. Each set is comprised of a coat and pants with
      suspenders. The current sets are work and contain PFAS materials that


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      are harmful to firefighters. The waterproofing materials in firefighting
      turnouts were found to contain PFAS. The turnout gear vendor, MES,
      allowed us the same price break the City of Grand Rapids received for
      their recent purchase of turnout gear. Budget amount of $66,300. We
      received pricing from MES, Edarely, and The Fire Store. MES was lowest
      bud and meeting our specifications.
      AMOUNT REQUESTED: $41,860.00 - Budgeted
      FUND OR ACCOUNT: 101-336-977
      STAFF RECOMMENDATION: To approve staff to purchase thirteen (13)
      sets of firefighting turnout gear from MES of Sanford Michigan.
      Action No. 2023-96(e)
      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To approve staff to purchase thirteen (13) sets of firefighting turnout gear
      from MES of Sanford Michigan.
      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Vice Mayor German
                                                       MOTION PASSES (6 to 0)


7.f   User Agreement - Muskegon YMCA - Parks & Recreation
      Staff is requesting the approval of the City of Muskegon's agreement with
      the Muskegon YMCA for usage of Parks & Recreation facilities.
      The Muskegon YMCA has requested to run various health & wellness
      programs at Smith-Ryerson and McGraft Park. These programs will run
      intermittently through the end of August 2024.
      STAFF RECOMMENDATION: Authorize staff to enter into an agreement
      with our strategic partner, Muskegon YMCA.
      Action No. 2023-96(f)
      Motion by: Commissioner Ramsey
      Second by: Commissioner Emory



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      To authorize staff to enter into an agreement with our strategic partner,
      Muskegon YMCA.
      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Vice Mayor German
                                                       MOTION PASSES (6 to 0)


7.g   Laketon-Lakeshore Trail MNRFT Resolution - Public Works
      Staff is seeking a formal resolution of support to apply for a grant from the
      Michigan Natural Resources Trust Fund (MNRTF) for the
      Laketon/Lakeshore Trail Connector (LLTC) Project.
      Staff is seeking funds through two programs to provide the base funding
      for construction of a new non-motorized trail named the Laketon-
      Lakeshore Trail Connector (LLTC). The trail would be constructed in the
      road right-of-way along Sanford Street and Terrace Street between
      Laketon Avenue and Shoreline Drive linking the Laketon Trail and the
      Lakeshore Trail.
      Grant funding is being pursued through two programs:

         •   MDOT Transportation Alternatives Program (TAP) – Staff has been
             engaging with MDOT staff and has received encouragement that
             this project could see funding from this program.

         •   Michigan Natural Resources Trust Fund (MNRTF) – Staff has had
             preliminary conversation with MDNR staff encouraging an
             application for $300,000 from this program.
      If successful, the funding for about 75% of the construction cost could be
      secured from grant funding. Funds are targeted in the 2025 state fiscal
      year based on advice from grant staff at MDOT and MDNR.
      STAFF RECOMMENDATION: To approve the resolution of support for the
      MNRTF grant application for the Laketon-Lakeshore Trail Connector.
      Action No. 2023-96(g)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Ramsey


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           To approve the resolution of support for the MNRTF grant application for
           the Laketon-Lakeshore Trail Connector.
           Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
           Emory
           Absent (1): Vice Mayor German
                                                           MOTION PASSES (6 to 0)


8.   Public Hearings
     8.a   Approval of the Lakeside Business Improvement District Special
           Assessment - Economic Development
           The Lakeside Business Improvement District is requesting a special
           assessment for three more years starting in January of 2024.
           Funds from the Lakeside BID assessment in 2021-2023 has allowed for
           the BID to cover items that keep the integrity of the business district.
           Funds have been used to cover snow removal, Christmas decorations,
           landscaping and maintenance, Lakeside events, and advertisements in
           the Visitors Guide.
           In order to continue these services, the Lakeside BID has requested a
           final three-year assessment at a 20% reduction for 2024-2026, continuing
           with the current district boundaries. Class A properties will have a per
           parcel rate of $0.04 per square foot of lot size for a Commercial Property,
           not to exceed $1,600, and $0.02 per square foot of lot size for an
           Industrial, Automotive or Utility Property, not to exceed $1,600. The
           special assessments will be in the winter tax bills. After the additional
           three years is complete, the BID will transition into the CIA.
           City staff has provided a Special Assessment Packet that outlines the
           overview of the request, a letter from the City of Muskegon Assessor, the
           budget recommendation and explanation, and the properties included in
           the assessment.
           City staff has introduced the special assessment at the City Commission
           meeting on August 7th, 2023. The Public Hearing was scheduled on
           August 22, but after comments regarding short term rentals, city staff has
           updated the special assessment documents, tax rolls and have resent



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             public hearing notices and letters to commercial properties including the
             short-term rentals in the district.
             STAFF RECOMMENDATION: To close the public hearing and approve
             the resolution of the Establishment of the Lakeside BID Special
             Assessment District for 2024-2026 as presented and authorize the Mayor
             and City Clerk to sign and appoint two commissioners to review the
             special assessment tax rolls.
             PUBLIC HEARING COMMENCED: No comments were received.
             Action No. 2023-97
             Motion by: Commissioner Hood
             Second by: Commissioner Ramsey
             To close the public hearing and approve the resolution of the
             Establishment of the Lakeside BID Special Assessment District for 2024-
             2026 as presented and authorize the Mayor and City Clerk to sign and
             appoint two commissioners to review the special assessment tax rolls.
             Mayor appoints Commissioner Emory and Commissioner Ramsey.
             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
             Emory
             Absent (1): Vice Mayor German
                                                              MOTION PASSES (6 to 0)


9.    Unfinished Business
10.   New Business
      10.a   City ARPA Community Grant - Pioneer Resources, Inc. -Manager's
             Office - REMOVED PER STAFF REQUEST
             *A Conflict of Interest Letter was signed by Commissioner Rachel Gorman
             related to this item. The Conflict of Interest statement was posted to the
             City's website and City's Facebook page on August 10, 2023.
             https://muskegon-mi.gov/notice-of-conflict-of-interest/


      10.b Master Plan Adoption - Planning


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            Request to approve the resolution adopting the new master plan. The plan
            can be viewed here. The Planning Commission unanimously
            recommended approval of the plan at their August 31 special meeting.
            STAFF RECOMMENDATION: To approve the resolution for the adoption
            of the Master Plan and Future Land Use Map as presented.
            Planning Manager Mike Franzak provided information about the work that
            went into creating this Master Plan and Future Land Use Map. Jamie
            Pesch, Planner II, provided an brief presentation of the proposed Master
            Plan & Future Land Use Map.
            Action No. 2023-98(b)
            Motion by: Commissioner Ramsey
            Second by: Commissioner Hood
            To approve the resolution for the adoption of the Master Plan and Future
            Land Use Map as presented.
            Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
            St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
            Emory
            Absent (1): Vice Mayor German
                                                            MOTION PASSES (6 to 0)


11.   Any Other Business
      Commissioner Ramsey raised the issue of mute swans on Muskegon Lake, other
      municipalities have asked him about it. This topic has been raised and other
      municipalities have passed resolutions, we will be addressing the issue soon.
      Mayor Johnson encouraged citizens to review the City's Master Plan document
      on the city's website or in the City Clerk's Office.
      Commissioner St.Clair acknowledged the IT department for their efforts in
      making an interactive map available. The map shows residents what Ward they
      reside in and informs as to which elected officials represent them. The tool was
      implemented by the City's IT department along with Muskegon County GIS.
      Mayor Johnson let everyone know that park parties are continuing to help get
      feedback on what residents want to see done at the parks.
12.   Public Comment on Non-Agenda items


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      Public comments were received.
13.   Closed Session
14.   Adjournment
      The City Commission meeting adjourned at 6:45 p.m.
      Motion by: Commissioner St.Clair
      Second by: Commissioner Hood
      To adjourn.



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




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