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CITY OF MUSKEGON
CITY COMMISSION MEETING
December 12, 2023 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, December 12,
2023. Pastor Jeremy Lenterz, First Wesleyan Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric
Hood, Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey.
City Manager Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann
Marie Meisch, and Deputy City Clerk Kimberly Young
2023-125 HONORS, AWARDS, AND PRESENTATIONS
A. Resolution Honoring Muskegon High School Football's 2023 State
Championship Manager's Office
Mayor Johnson read a resolution recognizing the Muskegon Big Reds for winning
the Division II State Championship as well as celebrating their 900th win.
Motion by Ward I Commissioner Hood, second by At-Large Commissioner
Stclair, to adopt the resolution recognizing Muskegon High School's Big Reds
Football Team .
ROLL VOTE: Ayes: Mayor Johnson, Ward I Commissioner Hood, Ward III
Commissioner Ramsey, Ward IV Commissioner Emory, At-Large
Commissioner Gorman, At-Large Commissioner Stclair
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Nays: None
MOTION PASSED
B. Presentation of Resolutions to Outgoing Commissioners Manager's
Office
Mayor Johnson read and presented Resolutions of Recognition to Ward IV
Commissioner Teresa Emory, Ward III Commissioner Michael Ramsey, and Ward I
Commissioner Eric Hood. This is the last regular meeting for each of these
outgoing City Commissioners and their service to the City is being recognized.
Commissioners Emory, Ramsey, and Hood also provided remarks.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received.
2023-126 CONSENT AGENDA
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to accept
the Consent Agenda as presented, minus items B, F, and M - Item H is removed.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
German
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 28, 2023 City
Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Special Event Policy DPW- Parks and Recreation
SUMMARY OF REQUEST: Staff is seeking approval for the proposed changes to
the Special Event Policy.
Included is the Special Event Policy with proposed changes. Changes made
from the discussion at the November 28 Commission Meeting include:
• First time events being held in Pere Marquette must be approved by the
City Commission. Therefore, these events must apply at least 75 days
before their event date.
• Picnic tables will no longer be rented and delivered by staff. A group of
tables will be available for events to pick up and return for free.
Neighborhood Associations can request picnic tables for their three free
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events per year. Events are encouraged to utilize private companies to
rent tables and chairs.
All previously discussed changes include:
• Applications need to be submitted at least 45 days in advance to allow
enough time for staff to review and approve event requests. Then staff
communicates to the event conditions that must be met for the event to
be held. Many of these conditions must be two weeks before the event
is held.
• Application fee changes to simplify the fee structure.
• Providing food vendor requirements in policy as suggested by the Fire
Marshal.
• Increasing the footprint of who is notified when a street is closed.
• Begin to offer cardboard trash bins for events to use and are available to
be delivered for free.
• Increase the fee for trash cans/bins to cover costs.
• No longer offer an hourly rate to have a liquor license in Hackley Park.
Only one event can occur in the park per day.
• Remove fee for using bike and walking paths. Using the bike path is
encouraged versus using a street.
• Change Pere Marquette Use fees to be year-round and based on area
zones instead of number of attendees. Basing the fees on attendees is
difficult to determine and can change year to year. Zone-based fees will
help events know their fees when applying and can encourage events to
move to a less populated area of the beach.
• Change Pere Marquette user fees to daily fees and have different fees for
weekends vs weekdays. Daily fees can encourage events to have a
faster setup and tear down period. Lower weekday fees can encourage
events to move to a weekday to save money and have fewer fees during
their setup period.
• Increase parking fees in lots around Pere Marquette. The impact of events
at the beach is significant for availability of parking. As many spaces as
possible should be left available to residents and visitors.
STAFF RECOMMENDATION: To approve changes to the Special Event Policy.
D. SEIU Union Contract Tentative Agreement Approval Manager's Office
SUMMARY OF REQUEST: Four-year contract for the SEIU (Clerical Union).
Management and the SEIU Clerical Union have reached tentative agreement
on changes to the contract. Once the Commission approves these tentative
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agreements, the full contract will be amended. The changes to the contract will
be implemented after signatures.
STAFF RECOMMENDATION: To approve the tentative agreements to changes to
the SEIU contract.
E. Water Filtration Plant VFD Purchase DPW- Water Filtration Plan
SUMMARY OF REQUEST: Staff is requesting authorization to purchase three Eaton
variable frequency drives (VFDs) to replace existing units at the Water Filtration
Plant.
The sludge processing system at the Water Filtration Plant has four pumps, each
with a variable frequency drive (VFD) controller manufactured by Eaton. These
VFDs were installed in 2004 and have reached the end of their expected life.
One of the four units failed last year and was replaced with a new unit from
Eaton; another is now showing signs of failing. Due to their age, staff
recommends replacing the three remaining units with Eaton VFDs. Other bids
were not solicited at this time because of the major advantages to staying with
Eaton.
Eaton has a track record of providing the Water Filtration Plant with VFDs at a
lower cost than other manufacturers. The Water Filtration Plant has completed
two projects in the last year which involved procuring VFDs. For the
replacement of the failed unit mentioned above, Eaton’s cost was $1,800-
$4,300 cheaper than others. Eaton was also the lowest-cost option for the two
VFDs purchased as part of the electrical upgrades at the Harvey Pump Station.
The existing VFDs are made by Eaton, so installation and startup costs will be
minimized by remaining with Eaton. Installation will be easier and less time-
consuming due to the similarity of the wiring for power and controls. The one
unit already replaced had a relatively straight forward installation, and it
integrated with our plant control system without any reprogramming. In
addition, by purchasing three units together, setup can be completed in a
single visit from the Eaton field technician, saving on startup costs.
Operations and maintenance will be more efficient if we keep all four units
identical due to staff not needing to learn how to operate and maintain
different units. Installing identical units also means fewer spare parts need to be
kept on hand, troubleshooting is easier, and downtime is minimized.
The existing Eaton VFDs at the Water Filtration Plant have shown exceptional
performance and reliability. Nearly all the Water Filtration Plant’s VFDs (over 20)
are made by Eaton. All of these units are approaching 20 years old, which is at
or beyond the expected lifetime of this equipment. Of the few problems
experienced with these units, most were able to be fixed by our maintenance
staff. This alone has saved thousands of dollars in service calls over the last 20
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years.
This purchase will be covered in the Water Filtration Plant’s equipment budget.
AMOUNT $29,451.00 AMOUNT
REQUESTED: BUDGETED:
FUND OR 591-558-977
ACCOUNT:
STAFF RECOMMENDATION: To authorize staff to purchase three VFD units from
Eaton at a cost of $29,451.00.
G. FY24 DWRF Program Engineering Services Public Works
SUMMARY OF REQUEST: Staff requests authorization to enter into two contracts
with Prein & Newhof for a total of $526,400 for engineering services related to
lead service line replacements and elevated tank coating work. The City is
again fortunate to have been offered loans, grants and principal forgiveness
through the FY24 Drinking Water Revolving Fund (DWRF) program through the
State of Michigan Department of Environment, Great Lakes & Energy (EGLE).
Specifically, the City has been offered a combination of grants and principal
forgiveness totaling 50% funding, with the remaining 50% eligible for a 20-year
loan at a 2% interest rate which is well below market.
Although the City's project plan included many projects and all were funded
under the DWRF program, staff recommends taking advantage of a lesser
amount of assistance due to the finances of the water fund and the fact that
the City was not selected for funding under the Clean Water State Revolving
Fund (CWSRF) program (the sanitary sewer equivalent). Lead service line
replacements must continue due to state-mandated replacement schedules,
and the coating of the Nims elevated tank is a necessary expense the water
fund could not afford in the near future without this loan program. The other
projects included in the program consisted of projects that included sewer work
which would not be eligible for assistance, and would also have added a
significant amount of debt to the system over the next 20 years. This is not to say
the projects are not valuable and needed, but it is an acknowledgment that
only absolutely necessary projects are responsible at this time.
The overall budget for the projects is $10,000,000 for lead service lines and
$878,000 for the Nims tank work. The debt service fee these projects would add
to the water bill is estimated at $3.35 per month for a residential account, and
would begin impacting customer's bills in FY26. Portions of the engineering work
required for these projects are included in the 23/24 budget, and should they
move forward the projects will continue to have allocations included in the
24/25 and 25/26 fiscal years.
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Prein & Newhof's proposals total $526,400. The staff has reviewed the proposals
from Prein and Newhof and feels they are the best suited firm to handle these
projects based on their experience and their intimate familiarity with our water
system, the DWRF program, and their history of exemplary performance on
similar projects over the past several years. A qualifications-based process was
used in 2019 that shortlisted Prein & Newhof along with two other firms to
provide engineering services for these projects for the next 5 years.
STAFF RECOMMENDATION: To authorize staff to enter into two contracts with
Prein & Newhof for a total of $526,400 for engineering services related to lead
service line replacements and elevated tank coating work.
H. Cost of Living Adjustment - Non-union employees Manager's Office
SUMMARY OF REQUEST: At the end of the calendar year management
recommends an adjustment to non-union wages. Union wage adjustments are
planned through their various contracts.
STAFF RECOMMENDATION: To approve the 4% wage increase for non-union
team members effective January 1, 2024.
I. 2024 Wage Matrix for Non-Union Part-Time and Limited Term Employees
Employee Relations
SUMMARY OF REQUEST: Wage Matrix for Non-Union Part-Time and Limited Term
Employees.
STAFF RECOMMENDATION: To approve the 2024 Wage Matrix for Non-Union and
Part-Time Limited Term Employees
J. Gaming Resolution for Hackley Community Care City Clerk
SUMMARY OF REQUEST: Hackley Community Care is seeking recognition as a
non-profit organization in the City of Muskegon for the purpose of obtaining a
Charitable Gaming License, allowing them to conduct fundraising activities to
benefit the underserved.
STAFF RECOMMENDATION: To approve the resolution recognizing Hackly
Community Care as a non-profit in the City of Muskegon.
K. Sale of 159 McLaughlin Avenue Manager's Office
SUMMARY OF REQUEST: Staff is seeking approval of the sale of 159 McLaughlin
Avenue. 159 McLaughlin Avenue was constructed through the agreement with
Dave Dusendang to construct infill housing with ARPA funding. The offer is for
$20,000 over asking price with 6% in seller concessions and $8,000 covering the
cost of appliances and central air. This results in a full price offer.
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STAFF RECOMMENDATION: To approve the purchase agreement for 159
McLaughlin Avenue
2023-127 REMOVED FROM CONSENT AGENDA
B. Muskegon Mute Swan Control Program Manager's Office
SUMMARY OF REQUEST: The City of Muskegon is being asked to support the
Muskegon Conservation District's plan to engage in a Mute Swan Management
and Control Program. The City of Muskegon is being asked to support the
Muskegon Conservation District's plan to engage in a Mute Swan Management
and Control Program. This program is done under DNR and USDA-Wildlife
Services oversight and is intended to control the Mute Swan population. Mute
Swans are a non-native/invasive species which negatively impacts local wildlife
and the local native swan population. This population management project is
support by the DNR, Muskegon Lake Watershead Partnership, Michigan
Audubon, WMEAC and others. The named organizations have letters of support
accompanying the resolution.
The Cities of Montague, North Muskegon, and Whitehall have all passed similar
resolutions of support for this program in 2023.
STAFF RECOMMENDATION: To support the Muskegon Conservation District's
Muskegon Mute Swan Control Program and adopt the attached resolution as
presented.
Motion by Commissioner Emory, second by Commissioner Ramsey, to support
the Muskegon Conservation District's Muskegon Mute Swan Control Program
and adopt the attached resolution as presented.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
F. Bad Debt Finance
SUMMARY OF REQUEST: To write off old items from miscellaneous receivable
system that have already been sent to collection service in the previous year.
AMOUNT $37,810.00 AMOUNT
REQUESTED: BUDGETED:
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FUND OR ACCOUNT: 101, 203, 591, 643
STAFF RECOMMENDATION: To approve write off old items on the Miscellaneous
Receivable System that has already been sent to Collection Service in previous
years.
Motion by Commissioner Ramsey, second by Commissioner Emory, to approve
the write-off of old items on the Miscellaneous Receivable System that has
already been sent to Collection Service in previous years.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
L. City Manager Contract Updates Manager's Office
SUMMARY OF REQUEST: Following the City Manager's positive review earlier this
year, he's requesting two updates to his contract.
Adding a new section 2.1 Annual Review: The Commission shall complete an
annual review of the manager no later than June 30 of each year. Failure to
complete the review shall result in an automatic 2% merit adjustment to the
manager's base salary to be effective July 1 of the same year.
Amending section 5 Severance Pay Upon Termination by City, subsection a)
severance pay in an amount equal to six months' severance pay with one
additional month of severance pay for every year of employment, not to
exceed twelve months of severance pay.
Under the current contract, the manager is entitled to seven months severance
if terminad by the City. The Manager is requesting this be moved to 9 months
with this action and then continuing with the addition of one additional month
for each year of service topping out at 12 months as in the contract.
STAFF RECOMMENDATION: To update the City Manager's contract as requested.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to update
the City Manager's contract as requested.
ROLL VOTE: Ayes: Johnson, Ramsey, Emory, Gorman, and St.Clair
Nays: None
MOTION PASSED
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PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
Mayor Johnson provided closing remarks.
Motion by Commissioner Ramsey, second by Commissioner Emory, to adjourn
at 6:22 p.m.
MOTION PASSED
.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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