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City of Muskegon City Commission Meeting Minutes September 26, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 Present: Mayor Ken Johnson Commissioner Rebecca St.Clair Vice Mayor Willie German, Jr. Commissioner Michael Ramsey Commissioner Teresa Emory Absent: Commissioner Rachel Gorman Commissioner Eric Hood 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 5:30 p.m. 2. Prayer Pastor Michael McGee, Spring Street Missionary Baptist 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 1 5. Honors, Awards, and Presentations 5.a Commendation Letter Presentation to Muskegon Fire Department from Lakeside Aerie #3306 Mayor Johnson read and presented a Letter of Commendation to the City of Muskegon Fire Department for 150 years of tireless and heroic service to the City of Muskegon and its surrounding communities, from the Lakeside Aerie, #3306. 5.b Memorial for Larry Spataro Mayor Johnson read and presented a Resolution of Respect and Remembrance for Lawrence O. Spataro. The Resolution was presented on behalf of the City Commission and citizens of Muskegon, recognizing and expressing deep gratitude for the public service of Lawrence O. Spataro and extending condolences to his family, friends, colleagues, and all who were touched by his life of service. 6. City Manager Updates on Agenda City Manager Jonathan Seyferth announced that 7.o, Drivers License for All Resolution, would be added to the Consent Agenda, led out by Commission Ramsey. Manager Seyferth also announced that the Commission will not be taking action on New Business item 10.a, Rezoning of Properties in the Angel, McLaughlin, and Jackson Hill Neighborhoods - at tonight's meeting. However, public comments will be taken regarding the item. 7. Public Comment on Agenda Items Public comments were received. 8. Consent Agenda Action No. 2023-99 Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To accept the Consent Agenda as presented, minus items 7b, 7e, 7j, 7l, 7m, 7n, and 7o. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood 2 MOTION PASSES (5 to 0) 8.a Approval of Minutes - City Clerk To approve the minutes of the September 11, 2023 Worksession and September 12, 2023 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. 8.c Amendment to the Zoning Ordinance - Residential Setback Requirements - 2nd Reading - Planning Staff-initiated request to amend Section 404 of the zoning ordinance to modify rear setback requirements and to create a front build-to zone in lieu of front setbacks in single-family residential zones. the Planning Commission recommended approval of the amendment by a 4-1 vote at their August 10 meeting. STAFF RECOMMENDATION: To approve the request to amend Section 404 of the zoning ordinance as presented. 8.d 2023 Justice Assistance Grant - Police Department The Police Department is seeking approval to enter into a Memorandum of Understanding (MOU) with the County of Muskegon and Muskegon Heights to apply for the allocated 2023 JAG grant funds. The Police Department is seeking approval to enter into a MOU with the County of Muskegon and Muskegon Heights to apply for the allocated 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) program funds. This year’s local JAG allocations to disparate jurisdictions in our county totals $43,247. The City of Muskegon will continue to act as the fiduciary and receive $25,571, the City of Muskegon Heights would be a subawardee and receive $17,676 and the County of Muskegon would not receive funding. Similar to past years, the City of Muskegon’s portion of this grant will be used for the prosecution of city ordinance cases dealing primarily neighborhood issues. STAFF RECOMMENDATION: Approve the 2023 JAG Program Award Memorandum of Understanding (MOU), authorize the Mayor to sign, and authorize staff to apply for the 2023 JAG grant funds. 8.f Former General Fund Transfers for FY2022-23 - Finance 3 During the close out of fiscal year 2022-23 and based on the financial results for the fiscal year ended June 30, 2023 we want to transfer $90,000 from the General Fund to the Marina Fund to eliminate a fund balance deficit. At the close of FY2022-23 the Marina fund requires a transfer from the General Fund. (1) The FY2022-23 budget called for a General Fund transfer of $90,000 to the Marina Fund to avoid a fund balance deficit. The Marina fund despite initial transfer from $450,000 General fund needs additional help to avoid a deficit. At the end of the 2022-23 year the current liabilities exceed current assets by approximately $90,000. AMOUNT REQUESTED: $90,000 FUND OR ACCOUNT: Transfer $90,000 from 101 to 594 STAFF RECOMMENDATION: To approve the General Fund transfers of $90,000 to the Marina Fund. 8.g Sale of 1530 Hoyt Street - Manager's Office Staff is seeking approval of the sale of 1530 Hoyt Street. 1530 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is a full price offer with no seller concessions. STAFF RECOMMENDATION: To approve the purchase agreement for 1530 Hoyt Street. 8.h Sale of 1647 Terrace Street - Manager's Office Staff is seeking approval of the sale of 1647 Terrace Street. 1647 Terrace Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $18,000 over asking price with $10,000 in sellers concessions and $8,000 toward appliances and air conditioning. This results in a full price offer. STAFF RECOMMENDATION: To approve the purchase agreement for 1647 Terrace Street. 8.i First Amendment to Real Estate Purchase Agreement DMDC2-Splash Pad - Economic Development An amendment to the Real Estate Purchase Agreement between the Downtown Muskegon Development Center No. 2 Association (the “Seller”) 4 and The City of Muskegon (the “Buyer”) for the purchase of Unit 10 ((the “Property”) referred to as the Western Avenue Splash Pad. On June 27, 2023, this item was presented to the City Commission and was approved. The Seller and Buyer now wish to amend the Purchase Agreement, as detailed in the attached amendment. Both parties propose extending the closing date to no later than November 1, 2023. AMOUNT REQUESTED: $1,188.75 FUND OR ACCOUNT: Planning STAFF RECOMMENDATION: To approve the Amendment to the Real Estate Purchase Agreement made between Downtown Muskegon Development Center No. 2, Association and The City of Muskegon for the purchase of Unit 10 (the “Property”) referred to as the Western Avenue Splash Pad authorizing the Deputy City Manager to sign. 8.k Transmission Main Water Meter - DPW - Water Filtration Staff is requesting approval to award the transmission main water meter project to Wadel Stabilization. A 30” water transmission main was recently constructed from the Water Filtration Plant to the Muskegon Channel. While the primary purpose of this water main is to provide a second connection to the Muskegon County Northside water system, it also serves the City of Muskegon’s water system. An existing water meter near the channel measures all water flow into the County water system, but it does not capture any water flow into the City. Installing a water meter near the Water Filtration Plant will measure all the water flowing through this main, including the currently unmetered water flowing into the City. Metering this water as it leaves the Water Filtration Plant is critical to overseeing water plant operations, managing the water fund, and ensuring regulatory compliance. The Commission has already approved earlier stages of this project. At the September 27, 2022 meeting, the Commission approved contracting Prein&Newhof for engineering services for the design, bidding and construction phases of this project. At the August 22, 2023 meeting, the Commission approved an amendment to the agreement with Muskegon County to permit the installation of the meter on the County-owned water main. An invitation to bid on the construction portion of this project was posted on the City’s website and four bids were received. Prein&Newhof reviewed 5 the bids and recommends the low bid of $92,580.00 from Wadel Stabilization. This project is included in the Water Filtration Plant’s budget for FY 23-24. AMOUNT REQUESTED: $92,580.00 FUND OR ACCOUNT: 591-901-801-092034 STAFF RECOMMENDATION: To award the transmission main water meter project to Wadel Stabilization. 8.b Fireworks Display for NYE Ball Drop - City Clerk Pyrotecnico is requesting approval of a fireworks display permit for January 1, 2024, in a parking lot between 3rd and 4th street, west of Shoreline Drive. The fire Marshall will inspect the fireworks on the day of the event. Contingent upon approval of insurance. STAFF RECOMMENDATION: To approve the fireworks display permit for Pyrotecnico, contingent upon inspection of the fireworks and approval of the insurance. Action No. 2023-100(b) Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To approve the fireworks display permit for Pyrotecnico, contingent upon inspection of the fireworks and approval of the insurance. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 8.e Former Employee Health Refund Calculation - City Manager Traditionally (and per all 5 union contracts) employees paid 10% of their health benefits (after 2017 this included three components Health Insurance, Co-insurance, and Deductibles). At some point, an error in the calculation occurred, and employees began paying more than 10%. This was brought to our attention in early 2023, and the insurance contributions have been corrected for all active employees. The commission must now 6 consider addressing this matter with former team members who left employment between the error starting and being corrected. Starting in 2017 the City began using three different factors to determine employee contributions to their insurance premiums (a percent of actual monthly premiums and a percent of City Paid Benefits (co-insurance & deductibles)). Prior to 2017, just insurance premiums were used as a factor. This change was made because of cost increases in co-insurance and deductibles. Sometime after 2017 a calculation error occurred and employee contributions increased above the 10% level. Earlier this year the City Commission approved repayment of benefit overpayments to current employees. The administration is now asking the Commission to consider reimbursement of the overpayment to former employees who left the City between 2017 and the end of 2022 who also overpaid insurance premiums. During that time period, we had 58 former team members who took health insurance and overpaid. Individual overpayment ranges from about $3,200 to less than $10. The total cost to repay these former team members the overpayment is $51,696.83. AMOUNT REQUESTED: $52,696.83 FUND OR ACCOUNT: Various - the appropriate departments and funds will cover this cost. STAFF RECOMMENDATION: To approve Repayment of overpaid insurance premiums to former team members. Action No. 2023-100(e) Motion by: Vice Mayor German Second by: Commissioner St.Clair To approve Repayment of overpaid insurance premiums to former team members. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 7 8.j PM Restroom MNRTF Grant Agreement - Parks & Recreation Staff is requesting approval to execute the attached agreement for the MNRTF Grant for the construction of a new restroom building adjacent to the “kite shack,” as well as rehabilitation of the kite shack building. The City of Muskegon has been awarded a $300,000 Grant from the Michigan Natural Resources Trust Fund (MNRFT) administered by the Michigan Department of Natural Resources. The award includes a required City match amount of $300,000, which is budgeted in this fiscal year. The City of Muskegon is required to execute the included agreement to meet funding requirements, which is of the standard MDNR form. The concept drawings of the improvements are included for reference. AMOUNT REQUESTED: $300,000 FUND OR ACCOUNT: 445(Public Improvement) STAFF RECOMMENDATION: To approve the MNRTF Grant agreement including the approving resolution, and authorize the DPW Director to sign. Action No. 2023-100(j) Motion by: Commissioner Ramsey Second by: Commissioner Emory To approve the MNRTF Grant agreement including the approving resolution and to appropriate all funds necessary to complete the project during the project period and to provide $400,000 to match the grant authorized by the department, and authorize the DPW Director to sign. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 8.l Filter Plant Cell Tower Verizon Lease - DPW Staff requests authorization to enter into a lease with “Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless” to grant Verizon space on the City’s cellular tower at the water filtration plant. 8 In early 2021 Commission authorized the construction of a cellular communications tower at the water filtration plant in the hope of spurring cellular companies to provide better service in the extreme western part of the City, including the beach. Since that time, staff has been working with Maralat Communications to entice a cellular provider to locate on the tower. A lease has been negotiated with Verizon Wireless and is included for consideration and approval. The terms are $3,500 per month for 25 years (including extensions) with a 2% annual escalator, a total income to the water fund of $1,345,273 over the life of the lease. At the time of tower construction, it was anticipated we would achieve terms of $1,800 per month with a 3% annual escalator. Over the 25-year term of the lease, the negotiated terms will bring in more than $550,000 over expectations. Much of the credit goes to Maralat Communications and Parmenter Law for assisting with negotiations. Several additional spaces on the tower are available, and staff hopes this lease will encourage other providers to locate on the tower soon, further improving service in the area. The construction cost of the tower will be paid back by the end of just the fourth year of this lease. STAFF RECOMMENDATION: To approve the presented lease with Muskegon Cellular Partnership by: Cellco Partnership d/b/a Verizon Wireless, and authorize the Mayor to sign. Action No. 2023-100(L) Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To approve the presented lease with Muskegon Cellular Partnership by: Cellco Partnership d/b/a Verizon Wireless, and authorize the Mayor to sign. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 8.m Zencity Contract Approval - Manager's Office 9 Staff is requesting approval of a 5-year contract with Zencity, the city's community engagement tool, Connect Muskegon, that has been in trial for the last 9 months. In December 2022, staff began vetting several community engagement platforms. This platform will be the go-to source for our neighbors to engage with and provide feedback to city staff on projects or issues impacting the community. The Manage signed an initial 1-year contract with Zencity to test the product and gather staff, commission and community experience. Since launching the product in March 2023, city staff from all divisions have use the forward-facing portion of Zencity, known publicly as "Connect Muskegon" for over 15 projects. The product is user friendly for staff, and has received several positive comments from community members on the depth and detail of each project. AMOUNT REQUESTED: $24,500 annually, for 5 years FUND OR ACCOUNT: 101-103-801 STAFF RECOMMENDATION: To approve the 5-year contract with Zencity Technologies US, Inc and authorize the City Manager to sign. Action No. 2023-100(m) Motion by: Commissioner St.Clair Second by: Vice Mayor German To approve the 5-year contract with Zencity Technologies US, Inc and authorize the City Manager to sign. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 8.n Community Relations Committee Recommendations - City Clerk To concur with the CRC recommendations to make the following appointments to the Parks & Recreation Advisory Board. Representatives from Ward I: • Sarah DeLarosa – Term expiring 2024 10 • Hillery Ross-Furse – Term expiring 2025 Representatives from Ward II: • Anthony Olshansky – Term expiring 2024 • Jequan Brown – Term expiring 2026 Representatives from Ward III: • Sidney Long – Term expiring 2026 • David Ruck – Term expiring 2024 Representatives from Ward IV: • Aaron Botbyl-Mast – Term expiring 2025 • Leann Hayward – Term expiring 2024 Representatives At Large – (One as chair, non-voting member) • John Burt – Term expiring 2024 • Roberta King – Term expiring 2025 Representative from Muskegon Public Schools • Montrell Dockery – Term expiring 2024 STAFF RECOMMENDATION: To concur with the Community Relations Committee’s recommended appointments as stated above. Action No. 2023-100(n) Motion by: Commissioner Ramsey To concur with the Community Relations Committee’s recommended appointments as stated above. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 8.o Resolution in Support of Drive Safe Legislation - Manager's Office/Commissioner Ramsey 11 Commissioner Ramsey introduced the topic of supporting Drive Safe Legislation at the September 10, 2023 Worksession Meeting. The state legislature is currently considering the Drive SAFE (Safety, Access, Freedom, and the Economy) Act, which would provide undocumented Michigan residents with the option to obtain a Michigan Driver's License. This is legislation that has been passed in 20 other state that allows for driver's licenses to be issued to undocumented residents. The group organizing the legislation feels that allowing licenses to be issued will have various positive impacts for both the state and the individuals obtaining the licenses. Before 2008, Michigan issued driver's licenses and IDs to undocumented individuals. More information can be found at www.drivemichiganforward.com Action No. 2023-100(o) Motion by: Commissioner Ramsey Second by: Commissioner Emory To adopt a resolution in support of Drive Safe Legislation. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 9. Public Hearings 9.a 2022 Consolidated Annual Performance Evaluation Report (CAPER) Hearing - Community & Neighborhood Services The CAPER is available on our website for citizen review and comment period of 15 days from September 14 -October 6, 2023. A public Hearing is another opportunity to comment about the Federal CDBG and HOME program activities performed during the fiscal year 2022 (July 1, 2022 - June 30, 2023). Click on the link to view the CAPER STAFF RECOMMENDATION: To conduct a Public Hearing for the 2022 CAPER review. Community and Neighborhood Services Director, Sharonda Carson, provided an overview of highlights of the 2022 Consolidated Annual 12 Performance Evaluation Report. Reporting on the CDBG and HOME funds. PUBLIC HEARING COMMENCED: No public comments were received. Action No. 2023-101(a) Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To close the public hearing. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 10. Unfinished Business 11. New Business 11.a Rezoning of Properties in the Angel, McLaughlin, and Jackson Hill Neighborhoods - Planning - REMOVED Staff-initiated request to rezone all of the properties zoned R-1, R-2, R-3, and RT in the McLaughlin, Angell, and Jackson Hill neighborhoods to FBC-UR. The Planning Commission held a public hearing on the case and voted 5- 0 in favor of denying the request. 11.b BSA Cloud Software - Information Technology/Finance Division Staff is requesting authorization to enter into an agreement with BS&A software to upgrade and migrate our BS&A Enterprise Resource Planning (ERP) software to the cloud. Since 2006, the City has been utilizing BS&A software for financial management, payroll, utility management and billing, permitting and inspections, assessing, human resource management, and more. The City is at a point where our locally hosted BS&A solution needs to be upgraded. BS&A offers an enhanced cloud-based solution. BS&A has made it clear that they are focusing heavily on their cloud, and the on- prem version will eventually be retired. They are no longer adding new features to the on-prem solution. Knowing this, we would like to use this 13 upgrade point as an opportunity to move to the BS&A cloud, leveraging all the latest features it provides. The BS&A cloud will improve the City’s efficiencies across the board by providing an always-on/available anywhere software solution. BS&A software has a long list of municipalities (over 230) in line to be migrated to the cloud. The project timeline for full migration and user training is going to be 18-24 months. To enter into this agreement to upgrade to the cloud, we are responsible for $30,800 this budget year, In FY 24-25, we will budget $201,675 to cover the remaining upgrade costs due at project completion. Starting in FY 25-26, BS&A Cloud yearly support, maintenance, and hosting will cost $132,800, budgeted annually. We have $10,000 budgeted in 23-24 for a BS&A upgrade. A budget amendment will happen in the first quarter re-forecast adding the additional $20,800 to cover the initial cost. AMOUNT REQUESTED: $30,800 FUND OR ACCOUNT: 101-228-804 STAFF RECOMMENDATION: To authorize City staff to enter into an agreement with BS&A software for a cloud-hosted ERP solution and authorize the Mayor to sign. Action No. 2023-102(b) Motion by: Commissioner St.Clair Second by: Commissioner Ramsey To authorize City staff to enter into an agreement with BS&A software for a cloud-hosted ERP solution and authorize the Mayor to sign. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 12. Any Other Business City Manager Jonathan Seyferth advised that the company providing our playground equipment is running a half-off grant sale and we will be looking to replace some equipment and will not be utilizing our normal procurement procedure. 14 Vice Mayor Willie German, Jr. commended the citizens for coming to the meeting, advised that their input is valued, and encouraged them to continue to come and be part of the process. 13. Public Comment on Non-Agenda items Public comments were received. 14. Closed Session 14.a Pending Litigation Action No. 2023-103(a) Motion by: Commissioner St.Clair Second by: Commissioner Ramsey To go into closed session to consult with our attorneys regarding settlement strategy in connection with Kathleen Bisard versus City of Muskegon, Circuit Court for the County of Muskegon, Case No. 21- 002528-NI because an open meeting would have a detrimental financial effect on the settlement position of the City of Muskegon. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) Motion by: Commissioner Ramsey Second by: Commissioner St.Clair Adopt the approved settlement as agreed upon. Ayes: (5): Mayor Johnson, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (2): Commissioner Gorman, and Commissioner Hood MOTION PASSES (5 to 0) 15. Adjournment The City Commission meeting adjourned at 8:27 p.m. 15 Motion by: Commissioner Ramsey Second by: Commissioner Emory To adjourn. MOTION PASSES _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 16
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