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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 11, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 11, 2022,
a moment of silence was observed, after which the Commission and public
recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners
Teresa Emory, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, and Eric
Hood, Interim City Manager LeighAnn Mikesell, City Attorney John Schrier, and
City Clerk Ann Meisch.
Absent: Vice Mayor Willie German, Jr.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
2022-89 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 12, 2022
Work Session and September 13, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes
B. MERS – Police Command DB Pension Multiplier Finance
SUMMARY OF REQUEST: The City seeks to reduce the Police Command Defined
Benefit multiplier from 3.0% to 2.67% per the Union Contract effective December
31, 2022.
The Finance Department wants permission to sign a Defined Benefit Plan
Adoption Agreement to reduce the multiplier for Police Command as
follows:
An employee who was hired before July 28, 2006 and became member of
the Police Command unit between January 1, 2019 and December 31, 2022
shall receive a retirement benefit as determined by the Police Officer’s Labor
Council contract with the City of Muskegon the following.
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An employee who retires on or after December 31, 2022 shall receive a
bridged benefit as follows:
a) A pensions multiplier of 3.0% for service prior to December 31, 2022
times the employee’s “frozen final average compensation”.
b) A pension multiplier of 2.67% for service on or after December 31, 2022
times the employee’s “termination final average compensation”.
The total pension shall not exceed 80% of the “termination final average
compensation”.
STAFF RECOMMENDATION: To reduce Defined Benefit pension multiplier from
3.0% to 2.67% for the Police Command Unit.
C. Transportation Asset Management Plan Public Works
SUMMARY OF REQUEST: Public Act 325 of 2018 began a process which
requires all road maintaining agencies with at least 100 centerline miles to
prepare and have on file with the state a Transportation Asset Management
Plan (TAMP) that is updated every three years. To that end, and recognizing
the value of asset management principles applied to City infrastructure, the
Commission authorized Prein & Newhof to create a plan for the City at the
May 24, 2022 meeting.
As defined by the act, asset management is “an ongoing process of
maintaining, preserving, upgrading, and operating physical assets cost
effectively, based on a continuous physical inventory and condition
assessment and investment to achieve established performance goals.” In
more practical terms the plan provides a detailed inventory of roads,
bridges, culverts and traffic signals in the City, sets goals for maintaining the
overall condition of the City’s transportation infrastructure, and makes
recommendations on how to achieve the goals in the context of the funds
expected to be available.
As a part of the obligations to the state, the Commission must certify the plan,
including a resolution designating the mayor and chief financial officer (Finance
Director) as the City’s authorized signers.
STAFF RECOMMENDATION: To adopt a resolution authorizing the mayor and
Finance Director to certify to the state that the City has a Transportation Asset
Management Plan, and to adopt the plan.
F. Rezoning 398 Catawba Avenue Planning
SUMMARY OF REQUEST: Request to rezone the property at 398 Catawba Ave
from R-3, Single Family High Density Residential to B-4, General Business, by
Gordon Painting and Pressure Washing, LLC.
The Planning Commission recommended approval of the rezoning by a 7-0
vote.
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STAFF RECOMMENDATION: To rezone the property at 398 Catawba Ave from
R-3, Single Family High Density Residential to B-4, General Business.
2nd READING REQUIRED
H. Ten Month Extension to Complete Construction of Home at 1210 Morgan
Avenue Planning
SUMMARY OF REQUEST: The City Commission approved the vacant lot sale of
1210 Morgan Ave. to Mr. Edward Pierce Jr. at their May 11, 2021, meeting. Mr.
Pierce was given 18 months to construct a single-family home on the property
starting from the closing date of July 7, 2021. Mr. Pierce is asking for an extension
from the January 7, 2023, deadline due to scheduling issues with a contractor for
the construction. Mr. Pierce stated that he will be trying to find another
contractor and is asking for an extension until November 30, 2023.
STAFF RECOMMENDATION: Staff recommends approval of the time
extension, as well as authorization for both the City Mayor and Clerk to sign the
resolution.
Motion by Commissioner Ramsey, second by Commissioner Emory, to accept
the consent agenda as presented, minus items D, E, and G.
ROLL VOTE: Ayes: Ramsey, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
MOTION PASSES
2022-90 REMOVED FROM CONSENT AGENDA:
D. Combination Sewer Truck Public Works
SUMMARY OF REQUEST: The equipment division is seeking approval to
purchase one (900 ECO) Combination Sewer Truck from Fredrickson Supply
within the Sourcewell Contract in the amount of $565,555.00.
Currently we have two combination sewer trucks that are each approaching
15 years of age and are due for replacement. The existing trucks require
extensive upkeep and maintenance and have surpassed their useful life. In
the future we are looking to shorten the length of use for this piece of
equipment and only maintain one active combination sewer truck in our
fleet but cycle it through for replacement on a more frequent basis to lessen
the maintenance costs and increase operational efficiencies.
Delivery of the truck and payments are estimated at least 1 year out from
date of order.
Staff originally budgeted to finance this vehicle over 5-years with the first
payment amount shown in the 22/23 budget. Given the rapid increase in
interest rates staff plans to re-evaluate the available financing mechanisms
to best make this purchase. As noted below the first payments will not be
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due until next fiscal year which allows us additional time to research those
options.
AMOUNT REQUESTED: $565,555 (23/24) AMOUNT BUDGETED: $107,000 (22/23)
FUND OR ACCOUNT: 661-563-971
STAFF RECOMMENDATION: Authorize the purchase of a new 900 ECO
Combination Sewer Truck from Fredrickson Supply in the amount of
$565,555.00
Motion by Commissioner Emory, second by Commissioner St. Clair, to authorize
the purchase of a new 900 ECO Combination Sewer Truck from Fredrickson
Supply in the amount of $565,555.00
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
E. Parks Donation Policy DPW/Parks
SUMMARY OF REQUEST: Staff previously presented a new policy related to
donations made towards the City Parks at the August Work Session meeting.
Staff has made noted revisions to the document and returns it for further
discussion and/or adoption. Major revisions made are as follows:
• Added language to the “Donation Cost” section that allowed for City
to partner on specific projects at the discretion of the Parks and
Recreation Director when those projects are deemed to be in
extensive mutual interest to both the donor and the City Park system.
Intended to provide a mechanism for shared cost on select donation
items when appropriate.
• Added language to the “Donation Term” section that encouraged
donors to partner with the CFFMC on donations that are intended to
exist in perpetuity.
Added language to the “Donation Term” section to define an Act of God.
STAFF RECOMMENDATION: To approve the Donation Policy for City Parks
Motion by Commissioner Emory, second by Commissioner St. Clair, to approve
the Donation Policy for City Parks with Type 1 donation requests that are
approved for locations within the Beachwood Bluffton neighborhood parks to be
charged double the actual cost as outlined in the policy, the additional
proceeds generated will be used to provide matching amenities to parks in
other areas of the city that have not traditionally received as high of demand for
donations.
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ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
G. Firefighting Turnout Set Public Safety/Fire
SUMMARY OF REQUEST: The Fire Department is seeking approval to
purchase ten (10) sets of firefighting turnout gear. Each set is comprised of a
coat and pants with suspenders. The current sets are worn and contain PFAS
materials that are harmful to firefighters. The waterproofing materials in
firefighting turnouts were found to contain PFAS. The vendor allowed us the
same price break the City of Grand Rapids received for their recent
purchase if turnout gear.
AMOUNT REQUESTED: $29,650 AMOUNT BUDGETED: $30,000
FUND OR ACCOUNT: 101-901-982-092114
STAFF RECOMMENDATION: To approve staff to purchase ten sets of
firefighting turnout gear from MES of Sanford Michigan.
Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
staff to purchase ten sets of firefighting turnout ear from MES of Sanford,
Michigan.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, and Gorman
Nays: None
MOTION PASSES
2022-91 NEW BUSINESS:
A. Ordinance Amendment – Reduced Housing Unit Size Minimums
Planning
SUMMARY OF REQUEST: Staff-initiated request to amend section 2319 of the
zoning ordinance to reduce the minimum size requirements for single-family
houses, rowhomes, duplexes and small multiplexes (up to 6 units) from 850 sf of
floor area to 550 sf (total) and to also change the minimum size requirements for
large multiplexes (6 units and above), mixed-use buildings and accessory
dwelling units from 650 sf of floor area to 375 sf (total).
A motion to recommend approval of the original request failed by a 2-3 vote
at the August 11 Planning Commission meeting. At the august 23 City
Commission meeting, staff requested to remove the item from the agenda in
order to make some changes to the proposal and bring back to Planning
Commission. The proposal was amended and brought back to the Planning
Commission at their September 15 meeting, where they recommended
approval of the new amendments by a 6-1 vote.
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The changes to the original amendment include requiring an additional 100 sf
for each additional bedroom; additional language stating that all units located
in single-family residential districts must comply with Section 400 of the zoning
ordinance, which will prevent single-family houses from being split into
additional units. It should also be noted that the current minimum housing size is
measured by “floor area,” which is defined by the zoning ordinance as “the
area in a dwelling unit included in the determination of occupancy restrictions.
It includes the sum of floor areas of bedrooms, and common living areas. The
floor area of storage areas and closet, basements without a second egress,
attached garages, breezeways, and enclosed and unenclosed porches shall
be excluded.” Staff is proposing to no longer use this method in determining the
minimum size, but rather by measuring from the outside wall of the unit.
STAFF RECOMMENDATION: To approve the request to amend section 2319 of
the zoning ordinance to reduce the minimum size requirements for single-
family houses, rowhomes, duplexes and small multiplexes (up to 6 units) from
850 sf of floor area to 550 sf (total) and to also change the minimum size
requirements for large multiplexes (6 units and above), mixed-use buildings
and accessory dwelling units from 650 sf of floor area to 375 sf (total).
Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
the request to amend section 2319 of the zoning ordinance to reduce the
minimum size requirements for single-family houses, rowhomes, duplexes and
small multiplexes (up to 6 units) from 850 sf of floor area to 550 sf (total) and to
also change the minimum size requirements for large multiplexes (6 units and
above), mixed-use buildings and accessory dwelling units from 650 sf of floor
area to 375 sf (total).
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
Nays: None
MOTION PASSES
2ND READING REQUIRED
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:27 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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