City Commission Minutes 03-26-2024

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             March 26, 2024 @ 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, March 26, 2024.
Pastor E.J. Wood, All Shores 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 Rebecca St. Clair, Commissioners
Katrina Kochin, Willie German, Jr., Jay Kilgo, and Rachel Gorman. City Manager
Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch

Absent: Commissioner Destinee Keener

HONORS, AWARDS, AND PRESENTATIONS


   A. Introduction of New Staff Sarah Romine, Planner II City Clerk
Planning Manager Mike Franzak introduced new staff member Sarah Romine,
Planner II.

PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received

2024-28 CONSENT AGENDA

Mayor Johnson called for a vote to approve the consent agenda minus items
B, C, D, E and F.



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ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES

    A. Approval of Minutes City Clerk
To approve the minutes of the March 11, 2024 Worksession and the March 12,
2024 Regular Meeting.

STAFF RECOMMENDATION: To approve the minutes.

2024-29 REMOVED FROM CONSENT


    B. Purchase of 1698 Wood St. Community & Neighborhood Services
To approve CNS Director- Sharonda Carson to purchase 1698 Wood St Ave.
Muskegon MI 49442. CNS would like to purchase 1698 Wood St, a single family
home, for rehabilitation utilizing HOME funding. The property falls under housing
preservation and will be owned by the city to support affordable housing efforts
and promote home ownership for low-income families. The home has been
brought down to the studs, thus making our investment in rehab less than
anticipated. We are estimating a rehab cost of less than $50,000 before the
home can be listed for resale.

AMOUNT REQUESTED:                        $65,000
FUND OR ACCOUNT:                         HOME 2022/2023
STAFF RECOMMENDATION: To approve CNS staff to purchase 1689 Wood St for
rehabilitation and resale. To approve CNS Director- Sharonda Carson to
purchase 1698 Wood St Ave. Muskegon MI 49442.

Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve CNS
staff to purchase 1689 Wood St for rehabilitation and resale.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson and Kilgo
           Nays: None
MOTION PASSES

    C. CSX Property Restrictive Covenant Public Works
Staff requests approval of a Response Activity Plan (RAP) and Restrictive
Covenant (RC) regarding the recently purchased CSX rail corridor, and
permission for the Mayor to sign the RC, subject to approval by the state.


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The bike path on the Adelaide Pointe property was built using federal funds,
and therefore when removed as a part of the Adelaide Pointe development
the City entered into a "conversion" with the Michigan Department of Natural
Resources (MDNR). That conversion process will result in a different recreation
asset within the City being encumbered by those federal funds and the
associated restrictions. The City has proposed and received preliminary
approval to encumber the recently acquired CSX railroad corridor that is
adjacent to the Lakeshore Trail.

An environmental assessment (EA) was completed as a part of the conversion
process, and that EA identified locations in the CSX property that have higher
than normal concentrations of certain legacy industrial chemicals. In order to
receive final approval of the conversion, a Response Activity Plan (RAP) must be
approved by the Michigan Department of Environment, Great Lakes and
Energy (EGLE) and a and Restrictive Covenant (RC) must be placed on the CSX
property. The documents detail how those areas will be mitigated and
managed by the City going forward. Specifically, certain areas of the property
are proposed to receive a 2-foot thick soil cap. Signature and recording will not
take place until both the RAP and RC are approved by EGLE.

The draft documents are included for review, without tables and appendices.

STAFF RECOMMENDATION: Approval of a Response Activity Plan (RAP) and
Restrictive Covenant (RC) regarding the recently purchased CSX rail corridor,
and permission for the Mayor to sign the RC, subject to approval by the state.

Motion by Vice Mayor St.Clair, second by Commissioner German, to approve a
Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding the
recently purchased CSX rail corridor, and permission for the Mayor to sign the
RC, subject to approval by the state.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson and Kilgo
           Nays: None
MOTION PASSES

    D. Contract Award: H92344 Edgewater & H92340 Millard DPW- Engineering
Staff is requesting authorization to approve a contract with McCormick Sand,
Inc. in the amount of $822,395.00 for road reconstruction work on Edgewater,
Lakeshore Drive to Thompson; and Millard, Lake Dune to dead end.

Bids were solicited for a construction project to reconstruct Edgewater;



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Lakeshore Drive to Thompson; and Millard; Lake Dune to dead end. McCormick
Sand provided the low bid.

The bids did come in over budget by almost $300,000, however the consistency
in the bid prices from firm to firm suggests the pricing is accurate. The streets
funds have a healthy fund reserve and can absorb the additional costs; during
the FY24-25 budgeting process the capital improvement plan (CIP) will be
reviewed to make sure that included projects are within the funds available.

AMOUNT REQUESTED:         $822,395.00
FUND OR ACCOUNT:          202-901-801-92344 - Edgewater $425,000.00
                          203-901-801-92340 - Millard $397,395.00
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
McCormick Sand, Inc., in the amount of $822,395.00 for the reconstruction of
Edgewater and Millard according to the construction plans.

Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize
staff to enter into a contract with McCormick Sand, Inc., in the amount of
$822,395.00 for the reconstruction of Edgewater and Millard according to the
construction plans.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, St.Clair, Johnson
           Nays: Kochin
MOTION PASSES

    E. Extension of Partnership Agreement Boys & Girls Club of the Muskegon
       Lakeshore DPW- Parks
Staff is requesting authorization to extend our contract with the Boys & Girls Club
of the Muskegon Lakeshore for temporary staffing services during the 2024
maintenance season.

The Boys & Girls Club anticipates providing approximately 8 staff split into two
teams, and in consultation with DPW, identified two service areas that they
would be well suited for:
1. Landscape maintenance, waste-removal and general support in the BID
area downtown.
2. Restroom cleaning and waste removal at various parks.
DPW typically hires up to 30 seasonal employees each year from GoodTemps
(Goodwill). The staffing provided by this agreement will take the place of an
approximately equal number of our typical seasonal employees, helping DPW
fill our roster during the labor shortage and providing employment and training
for younger community members. Temporary staffing is accounted for in the


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annual budget of the departments that use these services. The employees
under this agreement are included in the parks (general) fund budget.
We have raised the contract $10,000 due to the closing of Community
Encompass work programs creating more space within the budget for this
program, and the opportunity for recreation assistance.

AMOUNT REQUESTED: $50,000.00
FUND OR ACCOUNT: 101-770
STAFF RECOMMENDATION: Authorize staff to contract with the Boys and Girls
Club of the Muskegon Lakeshore for temporary staffing services during the 2024
maintenance season.

Motion by Vice Mayor St.Clair, second by Commissioner German, to authorize
contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2024 maintenance season. .
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin and St.Clair
           Nays: None
MOTION PASSES
    F. Sale of 466, 486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325
       Jackson, and 509 Octavius. Planning
Staff is seeking authorization to sell City-owned vacant lots at 466, 486 Erickson;
1172, 1243, 1357 Marquette; 1554 Marcoux, 325 Jackson, and 509 Octavius to
Stephen Benedict, Stephens Home and Investments LLC.

Stephen Benedict would like to purchase the City-owned buildable lots at 466,
486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325 Jackson, and 509
Octavius to build single family homes. 325 Jackson and 509 Octavius will be split
into two buildable lots each and the lots on Jackson will be assigned new
addresses on Erickson.
STAFF RECOMMENDATION: To authorize the Code Coordinator to complete the
sale of 466, 486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325
Jackson, and 509 Octavius, as described in the attached purchase agreement
and to have the Mayor and Clerk sign the purchase agreement.

Motion by Commissioner German, second by Vice Mayor St.Clair, authorizing
the Code Coordinator to complete the sale of 466, 486 Erickson; 1172, 1243,
1357 Marquette; 1554 Marcoux; 325 Jackson; and 509 Octavius and approve
the Mayor and Clerk sign the purchase agreement.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman and Kochin
           Nays: None


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MOTION PASSES
NEW BUSINESS


ANY OTHER BUSINESS
Mayor Johnson shared that the Parks & Recreation Department is requesting
volunteers to help with a scheduled cleanup event at the city's parks on March
29, 2024, at 10:30 a.m. Volunteers are asked to check in on March 29th at any of
the city's parks with rakes, shovels, gloves, etc. to help. The Mayor suggested,
and the commission agreed, to offer free beach passes to individuals who
volunteer for this event.

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
Motion by Commissioner German, second by Commissioner Kochin to adjourn
the meeting at 6:35 p.m.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
           Nays: None
MOTION PASSES


                                      Respectfully Submitted,



                                      Ann Marie Meisch, MMC City Clerk




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