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CITY OF MUSKEGON
CITY COMMISSION MEETING
July 23, 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, July 23, 2024. Mayor Ken
Johnson opened the meeting with a moment of silence, 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 Willie
German, Jr. (Left at 6:50 p.m.), Rachel Gorman (Arrived at 5:35 p.m.), Katrina Kochin,
and Jay Kilgo, City Manager Jonathan Seyferth, City Attorney John Schrier, and City
Clerk Ann Marie Meisch
Absent: Commissioner Destinee Keener
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-69 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the July 8th Commission Worksession Meeting and the July 9th
City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Contract Modification - H92344 Edgewater DPW- Engineering
City staff is requesting to authorize a change order in the amount of $86,345 for
additional water main work from the Edgewater Street contractor, Mc Cormick Sand.
Since design was completed, city staff has discovered broken valves on the water main
that feeds Edgewater Street. A portion of this water main also crosses private property.
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Instead of replacing the valves in their current location, staff would like to use the
opportunity to coordinate with the road construction project scheduled for later this
summer and extend the water main within Edgewater; thereby abandoning the main
on private property. The plan sheet shows the revisions.
The contractor agreed to complete the work for $86,345 as shown on the change
order document. Staff has reviewed the pricing and finds it to be reasonable and
appropriate for the work. It is staff's recommendation that the pricing offered by
McCormick Sand is less than it would be to contract for the work separately, and that
City forces do not have the capacity to complete the work at this time, and the
change order should be authorized.
STAFF RECOMMENDATION: To approve the contract modification to H92344 Edgewater
in the amount of $86,345.00 to McCormick Sand and authorize staff to sign.
F. Certification of MERS Representatives Finance
Assigning Delegates for MERS Conference. The MERS plan document provides that "the
governing body for each municipality shall certify the names of (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the municipality
appointed by the governing body of the municipality. The other delegate shall be a
member who is not an officer of the municipality, elected by the member
officer/employees of the municipality."
The City's employee units previously agreed to a rotating system (based on date of
joining MERS) to select on official employee representative. This year the official
employee representative attending the MERS conference will be Michael Edens from
Police Unit. The Officer Delegate will be Laurie Stephens, Finance Clerk this year.
STAFF RECOMMENDATION: To approve Laurie Stephens (Finance Clerk) as designated
delegate to MERS Conference and to make Michael Edens (Police Officer) an
employee representative.
I. Act 51 Certification Resolution for Olthoff Drive Public Works
Staff requests adoption of the resolution adding the extension of Olthoff Drive in the
industrial park to the City's major street system. The City has received several state
grants associated with the removal and redevelopment of the former prison site in the
east portion of the City's industrial park. Over the past year the City has extended
Olthoff Drive, including extension of water, sewer and other utilities, to serve new
industrial sites and in preparation for more redevelopment of the former prison site. The
extension of Olthoff Drive was completed earlier this summer, and the next step is to
adopt the included Certification Resolution which will place the street formally in the
City's major street system and ensure that we begin to receive gas tax monies for the
maintenance of the new street when MDOT next updates their system(s).
STAFF RECOMMENDATION: Adopt the certification resolution for the extension of Olthoff
Drive adding the new portion to the City's major street system.
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Motion by Commissioner German, second by Vice Mayor St.Clair, to adopt the
consent agenda as presented minus items C, D, E, G and H.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
2024-70 ITEMS REMOVED FROM THE CONSENT AGENDA
C. Placement of "The Portal" Public Art on City Property Manager's Office
Staff is seeking approval for the placement of a new public art piece on city property.
The ninth project of the ten piece series through the Muskegon City Public Art Initiative
will be ready to be installed this summer. A local artist, Lee Brown, has designed "The
Portal," which is in the final stages of fabrication. Crews are working to establish the
necessary electrical service and construct the foundation for this 42' diameter Corten
Steel Circle. The entire project has been a collaboration of local talent, from the artist
to the Harbor Steel materials supplied to the fabricators at Versatile Fabrication to the
excavation done by Jackson-Merkey.
Previously, the City Commission had expressed its support for the project in September
2022 and again in the fall of 2023. Since the informal support was given, the City
Commission updated the city's Public Art Policy, which requires the approval of the
Commission for the placement of public art on city property. This item is intended to
formalize that approval and meet the requirements of the updated Public Art Policy.
STAFF RECOMMENDATION: To approve the placement of a new sculpture entitled The
Portal on city-owned property located at 350 Shoreline Drive.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve the
placement of a new sculpture entitled The Portal on city-owned property located at 350
Shoreline Drive.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and German
Nays: None
MOTION PASSES
D. Fire Union Contract Tentative Agreements Manager's Office
Staff is seeking approval of the contract with the IAFF (Fire) union. Management and
IAFF have reached tentative agreement on changes to the contract, and the
agreements are summarized. Once the City Commission approves the tentative
agreements, the full contract will be amended. Changes will be implemented once all
parties have signed the contract.
STAFF RECOMMENDATION: To approve the tentative agreements for the IAFF union
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contract.
Motion by Vice Mayor St.Clair, second by Commissioner German, to approve the
tentative agreements for the IAFF union contract.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, German, and Gorman
Nays: None
MOTION PASSES
E. DWSRF Construction Engineering Public Works
Staff requests authorization to enter into a contract change order with Prein & Newhof
in the amount of $141,400 due to increases in the scope of the lead service line
replacement project that is part of the 2024 DWSRF program.
At the July 11, 2024 meeting the Commission approved award of a contract to
Gustafson HDD and the sale of bonds to finance the replacement of approximately
1,300 lead service lines in the City. The original contract with Prein & Newhof, the City's
engineering consultant on the project, contemplated about 900 service lines. Due to
favorable bid pricing we were able to award an additional 400 services lines in the
construction contract to bring the total to 1,300. Prein & Newhof is requesting an
increase in their contract related to construction engineering costs for the additional
400 service lines include on-site inspection services, grant and contract administration,
and environmental clearance work. The additional $141,400 requested is an eligible
expense under the DWSRF program, so the City will receive 49% principal forgiveness
and the remainder will be included on the 20-year bond with the other project
expenses.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract change
order with Prein & Newhof in the amount of $141,400 due to increases in the scope of
the lead service line replacement project that is part of the 2024 DWSRF program and
authorize staff to sign.
Motion by Commissioner Kochin, second by Commissioner German, to authorize staff to
enter into a contract change order with Prein & Newhof in the amount of $141,400 due
to increases in the scope of the lead service line replacement project that is part of the
2024 DWSRF program and authorize staff to sign.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, German, Gorman, and Kochin
Nays: None
MOTION PASSES
G. Reservoir Inspections Public Works
Staff is requesting authorization to contract with Prein&Newhof for professional services
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related to both the City of Muskegon Filtration Plant and Harvey Booster Station finished
water reservoirs.
The City of Muskegon’s water system has two in-ground concrete reservoirs, one at the
Water Filtration Plant, and one at the Harvey Pump Station. These two reservoirs provide
a combined total of 10.6 million gallons of drinking water storage, or 78% of the City’s
drinking water storage capacity. MiEGLE recommends reservoir inspections be
completed every 5 years. A complete, all-inclusive inspection of the reservoirs will
identify the repairs necessary to ensure their longevity and determine if any upgrades
are required to maintain compliance with drinking water regulations.
Request for Proposal (RFP) – Reservoir Inspection Proposal was sent out, and 3 proposals
were received by the clerk’s office by the deadline.
Prein&Newhof $82,540
Wade Trim, Inc $46,980
Aqueous Infrastructure Management$9,970
Staff is recommending the proposal from Prein&Newhof (P&N) for $82,540. This bid
includes a professional diver performing the inspection while the reservoirs remain full.
The proposal from Wade Trim is a traditional inspection that requires the reservoirs to be
fully drained. Aqueous Infrastructure Management submitted a proposal with a cost
that appears too low for a project of this scope; we have been unable to reach
representatives at Aqueous Infrastructure Management for clarification on their
proposal.
The P&N proposal is the most expensive of the three proposals due to the cost of the
diver subcontract ($50,690 of the $82,540); however, we believe this proposal to be in
the best interest of the City.
• P&N’s previous experience in working with the City provides them with a deep
understanding of our water plant and its operation. This is evident in their very
thorough proposal that shows an understanding of the unique aspects of our
water plant and considers how an inspection would impact the water treatment
process.
• P&N’s diver subcontract, Solomon Diving, is an experienced commercial diving
team that has previous experience with inspections of the City’s water reservoirs.
• P&N is working on another project involving a repair on pumping equipment
within the reservoirs at the Water Plant. The City would benefit from the close
coordination on these two projects if they are both managed by P&N.
• Utilizing a diver will reduce operational impacts and improve water system
reliability. Since the reservoirs will not be drained for a diver inspection, the total
time we operate with reduced water storage will be reduced by a few days.
• It reduces the staff and equipment costs involved with draining the reservoirs.
Each time one of the four sections are drained for a traditional inspection, it
involves significant staff time, requires additional equipment, and introduces
complications with disposing of the chlorinated water.
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STAFF RECOMMENDATION: Authorize staff to contract with Prein&Newhof in the amount
of $82,540.00 for professional services for inspections to both the City of Muskegon
Filtration Plant and Harvey Booster Station finished water reservoirs and authorize staff to
sign.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to authorize staff to
contract with Prein&Newhof in the amount of $82,540.00 for professional services for
inspections to both the City of Muskegon Filtration Plant and Harvey Booster Station
finished water reservoirs and authorize staff to sign.
ROLL VOTE: Ayes: Johnson, Kilgo, German, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
H. Amendment to the Planned Unit Development (PUD) at Harbor 31 to Include the
Addition of a Fence at 140-146 Viridian Dr. Planning
The Lakefront Condo Association (LFCA) at 140-146 Viridian Drive has requested to
amend the Harbor 31 PUD to allow for a fence to be placed on their property. The
request is for a four-foot, black, aluminum fence. There would not be any gates on the
fence, and it would be open near the driveway approach and along the boardwalk.
The applicant is requesting the fence to keep people from trespassing on the property
to access the boardwalk. The Planning Commission unanimously recommended
approval of the fence.
STAFF RECOMMENDATION: To approve the amendment to the PUD as presented.
Motion by Commissioner Kilgo, second by Commissioner German, to approve the
amendment to the PUD as presented.
ROLL VOTE: Ayes: Kilgo, German, Gorman, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES – SECOND READING REQUIRED
2024-71 NEW BUSINESS
A. Request for a Planned Unit Development (PUD) at 920 Washington Avenue, 965
W. Western Avenue, and 1330 Division Street Planning
The redevelopment plans include 450 apartments, 70 condominiums, 37 townhouses
and over 20,000 sf of commercial space. The Planning Commission unanimously
recommended approval of the request with the following conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
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2. Bicycle racks are added.
3. Warning signage will be required for the two mid-block crossings on Division St.
4. All utility plans must be approved by the Engineering Department.
STAFF RECOMMENDATION: To approve the request for the PUD at 920 Washington, 965
W Western, and 1330 Division St with the following conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
2. Bicycle racks are added.
3. Warning signage will be required for the two mid-block crossings on Division St.
4. All utility plans must be approved by the Engineering Department.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve the
request for the PUD at 920 Washington, 965 W Western, and 1330 Division St with the
following conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
2. Bicycle racks are added.
3. Warning signage will be required for the two mid-block crossings on Division St.
4. All utility plans must be approved by the Engineering Department.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES – SECOND READING REQUIRED
B. Request to Amend the Planned Unit Development (PUD) at 3400, 3460, 3474
Wilcox Avenue, 1875 Waterworks Road, and 1490 Edgewater Street (the Docks).
Planning
The plans have been amended to develop around areas that have been declared as
established wetlands. There will be a total of 240 residential units and a community
building with retail/restaurant space.
The Planning Commission unanimously recommended approval of the amended PUD
with the following conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
2. All utility plans are reviewed and approved by the Engineering Department
3. Lane widths of streets are reduced to 9 or 10 feet subject to the Engineering
Department.
4. Bulb outs are eliminated on road A.
5. Road C will be connected back to road B.
6. The parking lot to the southern marina parking lot will be revised as discussed.
7. Landscaping areas inside of parking areas and streets will be privately
maintained.
8. A public/private street map will be provided and describe the ownership as
discussed with all privately-owned roadways being publicly accessible.
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9. A landscaping plan is approved by the Planning Department.
Conditions 4, 5, and 6 have been addressed and reflected on the revised plans in the
packet.
STAFF RECOMMENDATION: To approve the request to amend the PUD with the following
conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
2. All utility plans are reviewed and approved by the Engineering Department
3. Lane widths of streets are reduced to 9 or 10 feet subject to the Engineering
Department.
4. Landscaping areas inside of parking areas and streets will be privately
maintained.
5. A public/private street map will be provided and describe the ownership as
discussed with all privately-owned roadways being publicly accessible.
6. A landscaping plan is approved by the Planning Department.
Motion by Commissioner Kochin, second by Commissioner Gorman, to approve the
request to amend the PUD with the following conditions:
1. The applicant receives a stormwater permit from the Engineering Department.
2. All utility plans are reviewed and approved by the Engineering Department
3. Lane widths of streets are reduced to 9 or 10 feet subject to the Engineering
Department.
4. Landscaping areas inside of parking areas and streets will be privately
maintained.
5. A public/private street map will be provided and describe the ownership as
discussed with all privately-owned roadways being publicly accessible.
6. A landscaping plan is approved by the Planning Department.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, and Kilgo
Nays: Kochin
MOTION PASSES – SECOND READING REQUIRED
C. Designation of Voting Delegates for the Michigan Municipal League Annual
Business Meeting City Clerk
To designate, by action of the Commission, one of our officials who will be in
attendance at the Convention as an official representative to cast the vote of the
municipality at the Annual Meeting; and, if possible, to designate one other official to
serve as an alternate.
STAFF RECOMMENDATION: To appoint an official representative and alternate
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representative to be in attendance and to cast the vote of the municipality at the
Annual Business Meeting of the Michigan Municipal League Convention.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to appoint Mayor Ken
Johnson as official representative and City Clerk Ann Meisch as alternate
representative to be in attendance and to cast the vote of the municipality at the
Annual Business Meeting of the Michigan Municipal League Convention.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Commissioner Kilgo asked about the Event Policy reference Bike Time. Commissioner
Gorman commented on the Nelson House move and thanked Jamie Pesch, City
Planner. Mayor Johnson stated that the Hartshorn plans are online for review. City
Manager Jonathan Seyferth and DPW Director Dan VanderHeide stated they are doing
test signage at two locations - Lakeshore Drive and by the beach.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Ratan and Victoria Khatri would like to donate 24 Sequoia Trees on behalf of Edward T.
Goulet.
ADJOURNMENT
The City Commission meeting adjourned at 9:25 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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