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City of Muskegon City Commission Meeting Minutes November 28, 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 Teresa Emory Absent: Commissioner Michael Ramsey Staff Present: City Manager Jonathan Seyferth City Clerk Ann Meisch City Attorney John Schrier 1. Call To Order Mayor Johnson called the City Commission meeting to order at 5:30 p.m. 2. Prayer Pastor Adam Dollar, Evanston Avenue 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 5. Honors, Awards, and Presentations 1 5.a Recognition of Outgoing Commissioners - 87th District State Representative Will Snyder 87th District State Representative Will Snyder presented a Special Tribute to outgoing City Commissioners Teresa Emory, Eric Hood, and Michael Ramsey, in recognition of their service to the City of Muskegon. 6. Public Comment on Agenda Items No public comments were received. 7. Consent Agenda Action No. 2023-121 Motion by: Commissioner St.Clair Second by: Commissioner Hood To accept the consent agenda as presented, minus item 7c and 7j, with the understanding that item 7d has been moved to New Business for discussion only. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.a Approval of Minutes - City Clerk To approve the minutes of the November 13, 2023 Worksession and November 14, 2023 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. 7.b Cellular Water Tower Lease Negotiations - Water Department Staff requests authorization to enter into an agreement with Maralat Communications to authorize them as the City’s exclusive lease negotiation consultant for three cellular antenna leases on the City’s water towers. In the past, City staff has negotiated leases with cellular companies that allow them to place antennas on our water towers for a fee. Based on the recent positive experience with Maralat Communications, staff reached out and solicited a proposal from them to act as the City’s exclusive lease 2 negotiation consultant during three ongoing lease negotiations. While staff has undoubtedly done a good job in the past, both Maralat and staff are confident that a professional lease negotiator will secure the best market rates available and increase the overall fees the City will be paid compared to staff-negotiated leases. Although the agreement refers to four locations, two towers are under one lease so only three leases are proposed for negotiation at this time. The fees are based on the terms Maralat is able to obtain for the City, so the City and Maralat both benefit from strong negotiation. Staff has estimated the fees (based on 5% of the total fees negotiated in the first term of each lease) at $49,470 based on our current lease rates, but the actual fees will be based on the new lease rates and are capped at $75,000 (based on the negotiation of three leases each capped at $25,000 in fees). While this is an unbudgeted expense, staff and Maralat are confident the cost will be covered by the additional rates that will be negotiated compared to the staff-negotiated leases. AMOUNT REQUESTED: $75,000 (Estimated at $49,470 bu capped at $75,000) FUND OR ACCOUNT: 590 Water STAFF RECOMMENDATION: To authorize staff to enter into an agreement with Maralat Communications to authorize them as the City’s exclusive lease negotiation consultant for three cellular antenna leases on the City’s water towers. 7.e Janitorial Services - DPW Staff is requesting authorization to approve a janitorial contract with Professional Building Services to provide services at City Hall, Public Works and Water Filtration Plant buildings and a janitorial contract with Goodwill Industries to provide services at Trinity Health Arena. Staff solicited bids for a new three-year janitorial contract with fourth- and fifth-year options for City Hall, Public Service Building, Water Filtration Plant, Trinity Health Arena for events and Trinity Health Arena for locker room cleanings. The three-year bid total for each building are as follows: City Hall • Goodwill Industries-$177,520.09 • Reliant Professional Cleaning-$347,845.00 3 • Detail XPerts-$141,000.00 • Professional Building Services-$137,280.00 • Cleaning by Francisca-$945,360.00 Public Service Building • Goodwill Industries-$104,790.13 • Reliant Professional Cleaning-$117,294.00 • Detail XPerts-$59,500.00 • Professional Building Services-$64,350.00 • Cleaning by Francisca-$641,520.00 Water Filtration Plant • Goodwill Industries-$34,184.86 • Detail XPerts-$9,200.00 • Professional Building Services-$25,500.00 • Cleaning by Francisca-$460,440.00 Trinity Health Arena (Assuming 45 Events per year) • Goodwill Industries-$464,171.85 • Cleaning by Francisca-$238,950.00 Trinity Health Arena (Per Locker Room Cleaning 1st year bid) • Goodwill Industries-$188.00 • Cleaning by Francisca-$125.00 Staff is recommending to award the janitorial contract to Professional Building Services for City Hall, Public Service Building and the Water Filtration Plant. Professional is the second lowest bidder, they are a local company and have positive references. Staff is recommending to award the janitorial contract to Goodwill Industries for Trinity Health Arena. Goodwill has experience cleaning the Arena and has proven they are qualified to complete the work. AMOUNT REQUESTED: $691,301.85 (3 YEARS) *Additional Budget of $14,189.92 for FY 23/24 4 FUND OR ACCOUNT: 101-265-801, 642-441-801, 591-558-801, 254- 906-081 STAFF RECOMMENDATION: To authorize staff to award the City Hall, Public Service Building and Water Filtration Plan janitorial contract to Professional Building Services for 3 years with optional 4th and 5th year at $77,980 per year and award the Trinity Health Arena janitorial contract to Goodwill Industries for 3 years. 7.f Sale of 730 Leonard Avenue - Manager's Office Staff is seeking approval of the sale of 730 Leonard Avenue. 730 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill housing with ARPA funding. The offer is for full asking price with seller concession of $4,950. STAFF RECOMMENDATION: To approve the purchase agreement for 730 Leonard Avenue. 7.g Sale of 750 Leonard Avenue - Manager's Office Staff is seeking approval of the sale of 750 Leonard Avenue. 750 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill housing with ARPA funding. The offer is for full asking price. STAFF RECOMMENDATION: To approve the purchase agreement for 750 Leonard Avenue. 7.h Sale of 1271 Spring Street - Manager's Office Staff is seeking approval of the sale of 1271 Spring Street. 1271 Spring Street was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $4,000 over asking price with the overage covering the cost of central air. This results in a full price offer. STAFF RECOMMENDATION: To approve the purchase agreement for 1271 Spring Street. 7.i Former Employee Health Refund Calculation - City Manager This is a clarification action from our Sept. 26, 2023 meeting where the Commission approved repayment of overpayments by former team members for health insurance. The clarification is, that the repayments go 5 back to January 1, 2020 (this is consistent with what was done for current employees). (summary from original memo) Traditionally (and per all five union contracts), employees paid 10% of their health benefits (after 2017, this included three components: Health Insurance, Co-insurance, and Deductibles). An error in the calculation occurred at some point, 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 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 percentage of actual monthly premiums and a percentage of City Paid Benefits (co- insurance & deductibles)). Before 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 (Jan. 1, 2020 through early 2023). The administration is now asking the Commission to consider reimbursement of the overpayment to former employees who left the City between January 1, 2020, and the end of 2022 and who also overpaid insurance premiums. During that period, 58 former team members 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 for the period from January 1, 2020, through January 2023. 6 7.c PFAS Settlement - Water Filtration Staff requests concurrence on the decision to remain a part of class-action lawsuits against 3M and DuPont. The class action suits and associated settlement is for contaminated drinking water only (not PFAS contamination in the environment). There are two separate settlements, one from 3M and one from Dupont. The settlement is divided into phases, and we qualify for money allocated in the first phase due to PFAS detections in our source water prior to June 22, 2023. Opt-out deadlines for both settlements are in early December of this year. A score will be calculated to determine how the funds will be allocated. The score will include the size of the source (production capacity and actual capacity) and the levels of PFAS detected. Our source water PFAS detections have mostly been in the range of 0-3 ppt, below the current and proposed maximum contaminant levels (MCLs) for drinking water. We did have one abnormally high source water sample from April 2022: PFOA 13 ppt (Michigan MCL 8 ppt, EPA proposed MCL 4 ppt) and PFOS 4 ppt (Michigan MCL 16 ppt, EPA proposed 4 ppt). This should work in our favor, but to what extent is hard to say. Money will also be set aside for additional claims until 2030 if our source was to exceed an MCL. This violation of an MCL could be due to either an increase in PFAS levels or a decrease in the MCL. There are no conditions on how the funds need to be spent, however we will not know the amount until after the opt-out deadline. The City attorney has recommended we remain in the settlement based on a very low chance of receiving more funds than the settlement if we were to opt out. More information is available at the website: https://www.pfaswatersettlement.com/ FUND OR ACCOUNT: 591 (Water) STAFF RECOMMENDATION: That the City of Muskegon remain a part of class-action lawsuits against 3M and DuPont. Action No. 2023-122(c) Motion by: Commissioner St.Clair Second by: Commissioner Hood 7 That the City of Muskegon remain a part of class-action lawsuits against 3M and DuPont. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.j Property Exchange for LIHTC Projects with Grace Community, LLC - Development Services In order to move forward on Berkshire Spring Street from General Capital and Allen Crossing/Amity Commons from Spire Development, staff recommends the proposed property exchange in the attached letter to remedy a reverter clause discovered during title work. The City sold parcels at 159 Amity Avenue, 158 Allen Avenue, 923 Jay Street, 201 Jay Street, and 974 Spring Street to Grace Community, LLC with the intention of their developing a commercial/retail complex onsite. The quit claim deed includes a reverter clause if complex was not completed in 3 years, which passed in July of 2022. Since then, the city has identified the sites as ideal for LIHTC development and has standing approved agreements with both Spire Development as well as General Capital for a proposed set of 4 buildings that include nearly 150 affordable apartment units. For these 3 LIHTC projects that have been previously approved by city commission to move forward, the developers must demonstrate site control to MSHDA. These deed reversions result in Grace Community, LLC being unable to convey small portions of the total development site to Spire and General Capital thereby jeopardizing 3 of the 5 Low Income Housing Tax Credit developments we have been working on. Upon finding this out from representatives of Grace Community, staff worked with them on a mutually beneficial solution. Essentially, pending appropriate title work and a third-party appraisal of all lots staff is proposing an exchange of properties with Grace Community, LLC reflected in the attached map, where Grace Community keeps the properties the city previously sold them for roughly $11,5000 in 2019 minus 201 Jay Street which we take back, and gives the City of Muskegon 8 970 Jay, 973 Jay, 200 East Apple, 212 East Apple, and 218 East Apple. This results in both parties ending up with contiguous properties, and preserves the property necessary for all approved LIHTC proposals. STAFF RECOMMENDATION: To approve the exchange of 159 Amity Avenue, 158 Allen Avenue, 923 Jay Street, and 974 Spring Street for 970 Jay Street, 974 Jay Street, 200 East Apple, 212 East Apple, and 218 East Apple as presented, pending a third party appraisal of all sites and completed title work prior to closing, and to authorize the mayor and clerk to sign. Action No. 2023-122(j) Motion by: Commissioner St.Clair Second by: Commissioner Emory To approve the exchange of 159 Amity Avenue, 158 Allen Avenue, 923 Jay Street, and 974 Spring Street for 970 Jay Street, 974 Jay Street, 200 East Apple, 212 East Apple, and 218 East Apple as presented, pending a third party appraisal of all sites and completed title work prior to closing, and to authorize the mayor and clerk to sign. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 8. Public Hearings 9. Unfinished Business 10. New Business 10.a Precinct Consolidation/Changes - City Clerk The law was recently changed allowing precincts sizes to change from 2,999 voters to 4,999 voters. This in conjunction with nine days of early voting, the usage of our voting trailer, and the expansion of absentee voting gives the City the opportunity to reduce the number of precincts needed in the City. Staff proposes to do the following: 9 Ward 1: Combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church) and move to Central Assembly of God that has a large gym building separate from the church and an expansive parking lot. We also recommend combining Precincts 3 (Central Assembly of God) and 4 (Central Assembly of God) that are already located in this building. There are two sides to the building that can comfortably accommodate both precincts. Ward 2: Move voters that reside in Precinct 6 (City Hall) from Wood Street, Apple, Forest, Getty, Evanston, McLaughlin, and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson). Combine Precincts 6 (City Hall) and Precinct 7 (City Hall). Ward 3: Eventually we would like to combine Precincts 8 (DPW) and 9 (Muskegon High School) after completion of construction and move Precinct 10 (Muskegon Farmers Market) to Boys and Girls Club upon completion of renovations. Ward 4: Combine Precincts 11 (Celebration Community Church) and Precinct 12 (McGraft Park) and move to Celebration Community Church that has a large open space and plenty of parking. We also recommend combining Precincts 13 (Lakeside Baptist Church) and 14 (Great Lakes Museum) and move to Great Lakes Museum. STAFF RECOMMENDATION: To recommend to the Election Commission to combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church) and move to Central Assembly of God, combine Precincts 3 (Central Assembly of God) and 4 (Central Assembly of God), move voters that reside in the following boundaries of Precinct 6 (City Hall) from Wood Street, Apple, Forest, Getty, Evanston, McLaughlin, and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson), combine Precincts 6 (City Hall) and Precinct 7 (City Hall), combine Precincts 11 (Celebration Community Church) and Precinct 12 (McGraft Park) and move to Celebration Community Church, combine Precincts 13 (Lakeside Baptist Church) and 14 (Great Lakes Museum) and move to Great Lakes Museum. Action No. 2023-123(a) Motion by: Commissioner Emory Second by: Vice Mayor German To recommend to the Election Commission to combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church) and move to Central Assembly of God, combine Precincts 3 (Central Assembly of God) and 4 (Central Assembly 10 of God), move voters that reside in the following boundaries of Precinct 6 (City Hall) from Wood Street, Apple, Forest, Getty, Evanston, McLaughlin, and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson), combine Precincts 6 (City Hall) and Precinct 7 (City Hall), combine Precincts 11 (Celebration Community Church) and Precinct 12 (McGraft Park) and move to Celebration Community Church, combine Precincts 13 (Lakeside Baptist Church) and 14 (Great Lakes Museum) and move to Great Lakes Museum. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner Emory Absent (1): Commissioner Ramsey MOTION PASSES (6 to 0) 7.d Special Event Policy - Public Works Staff is seeking approval to the proposed changes to the Special Event Policy. Included is the Special Event Policy with proposed changes. 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 card board trash bins for events to use so events have an option of a trash receptacle they could pick up or have delivered for free. • Increase fee for trash cans/bins to cover costs. • 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. 11 • 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 less 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. Discussion took place regarding the proposed Special Event Policy Changes and this item will be present to the Commission for further consideration on December 12, 2023. 11. Any Other Business Vice Mayor German raised the question of amending the application for Social Equity funds to allow applicants that have been convicted of certain felonies to apply for funds. Discussion took place and staff will have something for the Commission to consider at the Worksession meeting in January 2024. Mayor Johnson recognized city staff for their efforts in getting Hackley Park decorated and for the Lighting of the Christmas Tree Event that took place recently. 12. Public Comment on Non-Agenda items Public comments were received. 12 13. Closed Session 14. Adjournment The City Commission meeting adjourned at 6:45 p.m. _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 13
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