City Commission Minutes 01-14-2025

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
           January 14, 2025 @ 5:30 PM
   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, January 14, 2025.
Pastor Russell Damm from the Oak Crest Church of God, 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 Jay
Kilgo, Destinee Keener, Willie German, Jr., Rachel Gorman, and Katrina Kochin,
City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann
Marie Meisch

2025-02 HONORS, AWARDS, AND PRESENTATIONS

   A. Thredz Y3 Program Recognition Manager's Office
Mayor Ken Johnson read the Proclamation, showed the slide show, and
presented the Proclamation and Certificates of Appreciation.

   B. Audit Presentation-ACFR by Brickley Delong Finance
Finance Director Ken Grant introduced Eric VanDop from Brickley DeLong who
gave an overview of the audit.

PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received

2025-03 CONSENT AGENDA




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    A. Approval of Minutes City Clerk
To approve minutes of the December 2nd Special Commission Meeting, the
December 9th Commission Worksession Meeting, and the December 10th City
Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.

    B. Cameras for City Hall and Police Department City Clerk
City staff have identified a need to update and improve our building security at
City Hall. Staff recommends we purchase a fully advanced, cloud-based
solution providing us with 24/7 access to the cameras without the need to worry
about the security challenges of hosting the footage in-house. After going
through product trials with multiple solutions, staff recommended Verkada, the
lowest-cost solution from Sentinel. The majority of the system will be purchased
using a $30,000 Election Security Grant received by the Clerk's Office and the
remaining amount of $2,753.62 comes from the General Fund.
The action will require a budget amendment to both revenue and
expenditures.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement to
purchase the Verkada system in the amount of $32,753.62.

    C. EGLE Grant Development Agreement, City of Muskegon and Muskegon
       Limited Dividend Housing Association, Lofts of Muskegon, 122 W.
       Muskegon Ave. Economic Development
Muskegon Limited Dividend Housing Association, LLC (the developer) has been
invited to apply for an EGLE Grant on behalf of the City of Muskegon
(applicant) for the proposed Lofts of Muskegon development located at 122 W.
Muskegon Avenue. The grant request totals $850,000.
The site, last occupied by a fast-food restaurant from 1997 to 2015, is currently
vacant. The proposed redevelopment involves the construction of a 4-story
multifamily affordable housing complex with 46 units, following the demolition of
existing site features. The total private investment is estimated at approximately
$16 million, with the creation of two part-time jobs anticipated.
Due to its historical uses—including a gas station, battery storage shop, dry
cleaner, and auto repair shop—the site has documented contamination. Soil
and soil gas samples collected from the property reveal the presence of
contaminants, necessitating the proper management of contaminated soil and
the implementation of a vapor mitigation system (VMS) to safeguard indoor air
quality for future residents. Grant funds will be utilized to cover the design and
installation of the VMS and the removal and proper disposal of contaminated
soil generated during site demolition and redevelopment (excluding the cost of


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excavation).
The project is expected to commence in March 2025, with completion
anticipated by March 2026. EGLE requires a development agreement between
the applicant and the developer, outlining the responsibilities of each party. A
draft of the proposed development agreement is available for review.
STAFF RECOMMENDATION: I move to approve the EGLE grant development
agreement between the City of Muskegon and Muskegon Limited Dividend
Housing Association, LLC, for the Lofts of Muskegon project at 122 W. Muskegon
Ave. and authorize the City Mayor to sign.

    D. Ordinance Change: Parental Responsibility Ordinance - SECOND
       READING Public Safety
The City of Muskegon's Parental Responsibility Ordinance, Chapter 54, Article VII,
Section 54-218 needs to update its definition of juvenile from under the age of
17 years to under the age of 18 years to follow State of Michigan law.
In 2021, in accordance with the Michigan Juvenile Justice Reform Act of 2018,
the definition of juvenile changed from age 17 and under to 18 and under in
MCL Section 712A.1.
STAFF RECOMMENDATION: I move to change the definition of minor in Chapter
54, Article VII, Section 54-218 of the Code of Ordinances of the City of
Muskegon to any juvenile under the age of 18.

    F. Downtown Development Authority On-Premises Liquor License- Puerto
       Vallarta Mexican Grill and Bar, LLC, 292 W. Western Ave. Ste. 103
       Economic Development
Puerto Vallarta Mexican Grill and Bar, LLC, is requesting a Downtown
Development Authority On-Premise Liquor License for the building at 292 W.
Western Ave. Ste. 103. The Liquor Control Commission allows for additional liquor
licenses within Downtown Development Authority Districts under certain
conditions.
Puerto Vallarta Mexican Grill and Bar, LLC, is seeking approval for a Downtown
Development Authority (DDA) On-Premise Liquor License for their location at 292
W. Western Ave., Suite 103. This type of license is specifically designed to support
economic development and promote vibrant, thriving downtown districts.
Under Michigan law, the Liquor Control Commission permits the issuance of
additional liquor licenses within designated Downtown Development Authority
Districts. These licenses are granted under certain conditions, including
alignment with the DDA’s goals for economic revitalization, enhancement of
the district’s character, and promotion of tourism and local business growth.
Approval of this request would enable Puerto Vallarta Mexican Grill and Bar to
serve alcoholic beverages at their establishment, further contributing to the
appeal of the downtown area as a dining and entertainment destination. The


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license is a vital tool for attracting and retaining businesses that foster a
dynamic and engaging environment for residents and visitors alike.
STAFF RECOMMENDATION: I move to approve the request from Puerto Vallarta
Mexican Grill and Bar, LLC, for a Downtown Development Authority On-Premise
Liquor License at 292 W. Western Ave., Suite 103, and to forward this approval to
the Michigan Liquor Control Commission for their consideration.

    G. Rezoning of 1727 Beidler St. Planning
Request to rezone 1727 Beidler Street from Neighborhood Residential (R) to
Form-Based Code, Neighborhood Edge (FBC-NE).
1. The property measures 84’ wide x 100’ deep (8,400 sf).
2. The property is zoned R, Neighborhood Residential, but it contains a
commercial structure on site. The building measures 1,472 sf and is used for
storage for a construction company. The use is considered legally, non-
conforming.
3. The zoning allows for legally non-conforming uses to be increased in size with
a special use permit, but only up to 25% of the size of the existing building. The
property is considered a double lot and has enough space for a larger addition.
The applicant would like to at least double the size of the building
4. The FBC, NE designation would allow this retail-type building to be expanded
as long as it meets the setback requirements (10 feet rear/ 3 feet sides). The
rezoning would also make the storage use legally conforming.
5. The property is located just north of the business district on Laketon Ave and is
near other mixed-use buildings on Beidler St.
6. Although the property is small in size, staff and the Planning Commission do
not believe this request to be considered a spot zone. A "Findings of Facts"
exercise was conducted at the Planning Commission meeting to determine that
it was not considered a spot zone.
7. The Planning Commission unanimously recommended in favor of the rezoning
request (6-0, 3 absent).
STAFF RECOMMENDATION: I move to approve the request to rezone the
property at 1727 Beidler Street from Neighborhood Residential to Form-Based
Code, Neighborhood Edge.

Motion by Commissioner Keener, second by Commissioner Kochin, to adopt
the Consent Agenda as presented minus Item E.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
           Gorman
           Nays: None
MOTION PASSES




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2025-04 ITEM REMOVED FROM THE CONSENT AGENDA

    E. Amity Bridge Resolution Public Works
Staff requests adoption of a resolution authorizing the DPW Director and Clerk to
sign the Amity Bridge Removal (and Reconstruction) Contract with MDOT.
On December 10, 2024 the City Commission approved the contract with the
Michigan Department of Transportation to fund removal of the Amity Avenue
Bridge and to build a new roadway in the same place. While the contract was
approved on the 10th, MDOT requests that the individuals that are authorized to
sign the contract be specifically named in a resolution. The resolution satisfies
that requirement and will allow staff to sign the approved contract.
STAFF RECOMMENDATION: To adopt the resolution authorizing the DPW Director
and Clerk to sign the Amity Bridge Removal (and Reconstruction) Contract with
MDOT.

Motion by Commissioner German, second by Commissioner Kilgo, to adopt the
resolution authorizing the DPW Director and Clerk to sign the Amity Bridge
Removal (and Reconstruction) Contract with MDOT.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
           German
           Nays: None
MOTION PASSES

2025-05 PUBLIC HEARINGS

    A. Neighborhood Enterprise Zone Certificates - 558, 568, 601, 608, 613, 621
       Jackson; 522, 532 Leonard; 501, 503, 505 Alva; 502, 504 Herrick and 460
       Langley. Economic Development
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ)
certificates for 15 years for new construction homes at 558, 568, 601, 608, 613,
621 Jackson; 522, 532 Leonard; 501, 503, 505 Alva; 502, 504 Herrick and 460
Langley.
Applications for Neighborhood Enterprise Zone (NEZ) certificates has been
received from Green Rabbit Home Builders for the new construction of homes
at 558, 568, 601, 608, 613, 621 Jackson; 522, 532 Leonard; 501, 503, 505 Alva; 502,
504 Herrick and 460 Langley. The cost of construction is approximately $190,000
per home. The applicant has met local and state requirements for the issuance
of the NEZ certificate.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
Neighborhood Enterprise Zone District certificates at 558, 568, 601, 608, 613, 621



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Jackson; 522, 532 Leonard; 501, 503, 505 Alva; 502, 504 Herrick and 460 Langley
and authorize the City Clerk and Mayor to sign the certificate resolution.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.

Motion by Commissioner Keener, second by Commissioner Kilgo, to close the
public hearing and approve the Neighborhood Enterprise Zone District
certificates at 558, 568, 601, 608, 613, 621 Jackson; 522, 532 Leonard; 501, 503,
505 Alva; 502, 504 Herrick and 460 Langley and authorize the City Clerk and
Mayor to sign the certificate resolution.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
           Keener
           Nays: None
MOTION PASSES

ANY OTHER BUSINESS
Commissioner Kilgo asked where the City Commission agenda and packet is for
the public. City Manager Jonathan Seyferth explained where it has been
moved to. Reminded citizens that the BOGO sale ends this week for the beach
parking passes. Thoughts and prayers for California for the fires that are still
going on. Would like an update on the Apple Avenue project.
Commissioner Keener asked about the Apple Avenue project. Director of
Public Works Dan VanderHeide stated he met with MDOT today. They are still
working on the preliminary plans. Hope to have the Community Engagement
Meeting in late February.
Vice Mayor St.Clair stated there are still openings on the Boards and
Committees.

PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.

ADJOURNMENT
The City Commission meeting adjourned at 6:50 p.m.


                                       Respectfully Submitted,



                                       Ann Marie Meisch, MMC City Clerk




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