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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 27, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Getty Street Study Engineering Agreement Public Works
C. 30” Water Main Meter Public Works/Water Filtration Plant
D. Interim City Manager Stipend City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. New City Manager Selection – Next Steps City Clerk
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
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ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 27, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the August 23, 2022 Regular Meeting and the
August 31, 2022 Special Commission Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 23, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
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, August 23, 2022,
Reverend Eileen Stoffan, St. Paul’s Episcopal Church, opened the meeting with
prayer, 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, and Eric Hood, Interim City Manager LeighAnn
Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioners Rachel Gorman and Michael Ramsey
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2022-74 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 26, 2022 Regular
Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Alive on the Lakeshore Tax Appeal Legal Representation Finance
SUMMARY OF REQUEST: The City of Muskegon is seeking to reach an agreement
with Foster Swift for a Tax Appeal regarding Alive on the Lakeshore.
Parmenter Law which normally represents the City of Muskegon has a
conflict of interest because they also represent Alive on the Lakeshore.
Therefore, the City of Muskegon seeking another Firm (Foster Swift) to
represent the City for the Tax Appeal.
As part of this engagement, the City of Muskegon understands that the Firm also
represents Muskegon County. If a circumstance arises in the future that presents
a conflict of interest based on the Firm’s representation of the City in this matter
and its representation of the County in other matters, the City agrees to waive
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any such conflict of interest so that the Firm is not precluded from representing
the County in any matters.
AMOUNT REQUESTED: $230/hour
STAFF RECOMMENDATION: Authorize the Finance Director to enter into an
agreement with the Foster Swift for the Tax Appeal against Alive on the
Lakeshore.
C. 1095 Third Street Purchase Agreement Economic Development
SUMMARY OF REQUEST: Staff have been working on acquisition terms for the
1095 Third Street site, and have worked with legal counsel to prepare the
attached purchase and sale agreement.
We have had a positive working experience with Shaun Burket and Suburban
Property. We are at a point where we have agreed on development
components, timeline, and incentive vehicle (Brownfield TIF). The document
before you tonight represents the terms of sale for the parcel and building.
The developer proposes a $100,000 payment at time of closing, with a
$10,000 refundable deposit during the due diligence period. During the 90-
day due diligence period both parties mutually commit to finalizing a
specific development agreement, which will lay out potential consequences
to breach of timeline for the development.
AMOUNT REQUESTED: ($100,000 gain)
FUND OR ACCOUNT: 404
STAFF RECOMMENDATION: Motion to approve the Purchase and Sale
Agreement as presented and authorize the Mayor and Clerk to sign.
Motion by Vice Mayor German, second by Commissioner Emory, to accept the
consent agenda as presented, minus item D.
ROLL VOTE: Ayes: Johnson, Hood, German, Emory, and St.Clair
Nays: None
MOTION PASSES
2022-75 REMOVED FROM CONSENT AGENDA:
D. STOP Violence Against Women Grant Public Safety
SUMMARY OF REQUEST: The Michigan Department of Health and Human
Services (MDHHS) Division of Victim Services has approved a fourth year of
grant funding in the amount of $211,884 for two detectives to be assigned to
a multi-jurisdictional violence against women task force. Public Safety seeks
approval to accept the funds and sign the contract.
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With STOP Violence Against Women grant funding from MDHHS, the
Muskegon Police Department, Norton Shores Police Department, and
Muskegon Prosecutor’s Office established a Violence Against Women Task
Force in October of 2020. Two detectives from Muskegon PD, two from
Norton Shores PD, and two prosecutors make up the task force. The task
force works collaboratively to investigate and support victims of domestic
violence, sexual assault, and stalking cases from all Muskegon County
jurisdictions.
MDHHS has offered each governmental unit a fourth year of funding from
October 1 through September 30 with a required 25% match. Funding was
approved for two detectives, grant administration, and victim support items.
The total project cost for the City of Muskegon is $282,512, where MDHHS will
provide up to $211,884. A match is only necessary on funds used. Full
contract details, program requirements, and budgeted items are attached.
AMOUNT REQUESTED: $211,884 with a 25% match requirement.
FUND OR ACCOUNT: 101-301-703-000630
STAFF RECOMMENDATION: To accept the 2023 Stop Violence Against Women
Grant and authorize staff to sign the contract.
Motion by Commissioner St.Clair, second by Commissioner Emory, to accept the
2023 STOP Violence Against Women Grant and authorize staff to sign the
contract.
ROLL VOTE: Ayes: Johnson, Hood, German, Emory, and St.Clair
Nays: None
MOTION PASSES
2022-76 NEW BUSINESS:
A. Amendment to the Zoning Ordinance – Minimum Housing Unit Sizes
Planning
Sent back to Planning Commission
B. Planned Unit Development at 2033 & 2044 Lakeshore Drive Planning
SUMMARY OF REQUEST: Request for final Planned Unit Development approval
for a micro-lodging development at 2033 and 2043 Lakeshore Dr, by Tiny
Diggs Muskegon LLC.
The development consists of 10 micro-lodging rental units at the corner of
Lakeshore Drive and Moon Street. The units are 212 sq ft in size and will be
placed 10 feet apart from each other. Parking will be located off-site behind
Ghezzi’s Market. The Planning Commission will hold a public hearing
regarding the case on August 11. Staff has recommended the addition of
five canopy trees to be placed in the terrace along Moon Street.
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STAFF RECOMMENDATION: To adopt the resolution and approve the final
PUD at 2033 and 2043 Lakeshore Dr with the addition of five canopy trees to
be located in the terrace along Moon St.
Grant and authorize staff to sign the contract.
Motion by Commissioner Hood, second by Commissioner St.Clair, to adopt the
resolution and approve the final PUD at 2033 and 2043 Lakeshore Drive with the
addition of five canopy trees to be located in the terrace along Moon Street.
ROLL VOTE: Ayes: German, Emory, St.Clair, and Hood
Nays: Johnson
MOTION PASSES
ANY OTHER BUSINESS:
Interim City Manager, LeighAnn Mikesell, provided an update on the selection
of the new Public Safety Director. Tim Kozal will be sworn in on Monday, August
29, 2022 at 9:00 a.m. in the Commission Chambers. He is coming from the City of
Ludington. Captain Rush did a fantastic job of acting as interim Public Safety
Director while the search was being conducted.
Mayor Johnson commented on the concerns that have come up over short
term rentals and would be interested in exploring options to refine regulations as
well as how to preserve housing stock for city residents.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:38 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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CITY OF MUSKEGON
SPECIAL CITY COMMISSION MEETING
August 31, 2022 @ 5:30 pm
Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
In the Commission Chambers, Room 107
MINUTES
Present: Mayor Johnson, Commissioners German, Emory, St. Clair, and Hood.
Absent: Commissioners Gorman and Ramsey.
2022-77
Closed Session.
Motion by Commissioner Hood, seconded by Commissioner Emory to go into
closed session to review the applications for City Manager.
Roll Call Vote:
Ayes: German, Emory, Hood, St. Clair, and Johnson.
Nays: None.
MOTION PASSES.
Open Session.
Motion by Vice Mayor German, seconded by Commissioner Hood to go into open
session.
MOTION PASSES.
Candidates to Interview.
Motion by Commissioner St. Clair, seconded by Commissioner Emory to
interview candidates 2, 3, 10, 11, 13, and 14. Alternate candidate 16 may be invited
to interview if two candidates decline the interview.
Roll Call Vote:
Ayes: German, Emory, St. Clair, Johnson, and Hood.
Nays: None.
MOTION PASSES.
Travel Expenses.
Motion by Commissioner Emory, seconded by Vice Mayor German to pay for
flights, hotel, and transit for two nights for any candidate needing to travel, to
give $100 in restaurant gift cards for all candidates to cover food expenses while
they visit, and authorize the use of gift cards to pay for boxed lunches on Friday
and the cost of Kuntry Cookin to provide appetizers for the meet and greet on
Thursday evening.
Roll Call Vote:
Ayes: Emory, St. Clair, Johnson, Hood, and German.
Nays: None.
MOTION PASSES.
ADJOURN.
Motion by St. Clair, seconded by Commissioner Hood to adjourn the meeting at
7:45 pm.
MOTION PASSES.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 27, 2022 Title: Getty Traffic Study Engineering Agreement
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary: Staff is requesting authorization to enter into an agreement with the cities of Norton
Shores and Muskegon Heights to share the cost of the Getty Street Traffic Study.
Detailed Summary & Background:
Conversion of four-lane roads, such as Getty Street, to three-lane roads has been proven to be safer and
to provide better access for non-vehicular users with little or no impact to travel times when properly
studied and executed. Staff feels that Getty Street could be a great candidate for this treatment, and has
worked with Norton Shores and Muskegon Heights to solicit a study to determine if the project should
move forward.
Presented to you tonight is a three-party shared engineering services agreement with the cities of Norton
Shores and Muskegon Heights. The agreement designates our staff as the lead contacts for the project,
designates Muskegon as the lead agency for payment, and requires Norton Shores and Muskegon
Heights to pay their portions to Muskegon based on the centerline miles of Getty Street in each
community. The agreement has been reviewed by the City attorney, and has already been approved by
the city commissions of Norton Shores and Muskegon Heights at prior meetings.
Award to the consultant helping with the traffic study was approved at the August 9, 2022 Commission
Meeting. The agreement presented tonight has a lower cost to the City than the original request, due to
how the cost sharing is split among the three communities.
Goal/Focus Area/Action Item Addressed:
Goal 1 (Connection and Transportation Focus Areas) and Goal 2 (Neighborhood Business Focus)
Amount Requested: N/A (Approved 8/9/22) Amount Budgeted: $50,000
Fund(s) or Account(s): 202 (Major Streets) Fund(s) or Account(s): 202 (Major Streets)
Recommended Motion: Authorize staff to enter into and agreement with the cities of Norton Shores
and Muskegon Heights to share the cost of the Getty Street Traffic Study.
Approvals: Immediate Division Head Guest(s) Invited / Presenting
Information Technology Legal Review Yes
Communication Other Division Heads No
For City Clerk Use Only:
Commission Action:
COST SHARING AGREEMENT
THIS AGREEMENT is made this day of , 202___ by and between THE
CITY OF MUSKEGON, a Michigan municipal corporation at 933 Terrace Street, Muskegon, Michigan 49440
(“Muskegon”), THE CITY OF MUSKEGON HEIGHTS, a Michigan municipal corporation at 2724 Peck Street,
Muskegon Heights, Michigan 49444 (“Muskegon Heights”), and THE CITY OF NORTON SHORES, a Michigan
municipal corporation at 4814 Henry Street, Norton Shores, Michigan 49441 (“Norton Shores”)
(collectively, “the Municipalities”).
RECITALS
A. The Municipalities require Traffic Engineering Services relating to a study of Getty Street from Seaway
Drive (US-31BR) to Apple Avenue (M-46), various portions of which are under the jurisdiction of each
of the Municipalities (the “Services”).
B. The Municipalities recognize the administrative and economic benefits of performing a single study
over the entire corridor.
C. Muskegon employs persons qualified to oversee the Services, and the Municipalities desire to enter
into an agreement with Muskegon to contract for and oversee the Services on behalf of the
Municipalities for the Getty Street study.
AGREEMENT
I. Muskegon will contract for the Services. Muskegon is authorized to act on behalf of the Municipalities
in regards to contracting, project management, financial oversight, and administration of the Services.
II. This Agreement will commence on the date first stated above, and will continue through study
finalization. Once commenced, this Agreement shall not be terminable without express written
consent from all parties. In the event of any termination, Muskegon shall be paid up to the effective
date of termination for services rendered.
III. Invoices for the Services will be delivered by Muskegon to the Municipalities. The Municipalities agree
to pay all amounts due within 45 days of the invoice date. The invoices will be allocated to each of the
Municipalities based upon the Act 51 certified mileage of Getty Street in each of the Municipalities.
The cost of the study is estimated at
dollars ($ ), however the total
amount of the invoices shall be based on the actual cost of the Services. A detailed breakdown of the
estimate cost of the Services is shown in Table A.
Page 1 of 3
IV. This Agreement shall not be deemed to be a third-party beneficiary contract or a contract for the
benefit of any party other than the parties hereto. Muskegon shall not be responsible to any party
other than the Municipalities for any acts, errors, mistakes, or omissions; and Muskegon shall have
no liability or responsibility to the Municipalities for any acts, errors, mistakes, or omissions of others
unless stated otherwise in a Request for Proposals (RFP).
V. Muskegon will cause any contractors related to the Services to carry professional liability, automobile,
general liability, workers compensation and other insurance as may be applicable in amounts
common to the industry and in accordance with Muskegon’s policies on such matters.
VI. Final documents prepared in connection with the Services will be property of the Municipalities. At
the conclusion of the project, Muskegon will furnish a reproducible set of documents and related data
to the Municipalities, including an electronic copy of graphics prepared as a part of the Services.
VII. No waiver by any party of any term or condition of this Agreement shall be deemed or construed as
a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a
waiver of any subsequent breach, whether of the same or of a different section of this Agreement.
VIII. This Agreement shall be governed by and interpreted in accordance with the laws of the state of
Michigan.
IX. The entire agreement between the parties is set forth in this Agreement. This Agreement shall not be
altered or amended except by written agreement signed by all parties.
Table A
Act 51
Certified Contingencies Total
Municipality Mileage Percentage Cost Share (10%) Cost Share
Muskegon 1.519 45.2% $19,813 $1,981 $21,794
Muskegon Heights 0.733 21.8% $9,555 $955 $10,510
Norton Shores 1.108 33.0% $14,465 $1,447 $15,912
Total 3.360 100% $43,833 $4,383 $48,216
The remainder of this page is left intentionally blank.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed pursuant to the
authority of the respective parties as of the date first stated above.
CITY OF MUSKEGON, a Michigan municipal
corporation,
CITY OF MUSKEGON HEIGHTS, a Michigan
municipal corporation,
By:
(signature)
By:
(signature)
(printed name)
(printed name)
Its:
(title)
Its:
(title)
On:
(date)
On:
(date)
CITY OF NORTON SHORES, a Michigan municipal
corporation,
By:
(signature)
(printed name)
Its:
(title)
On:
(date)
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 27, 2022 Title: 30” Water Main Meter
Submitted By: Joe Buthker Department: Public Works –
Water Filtration Plant
Brief Summary:
A water meter is needed on the new 30” water main near the Water Filtration Plant. Prein &
Newhof have provided an agreement for engineering services for the design, bidding, and
construction phases of this project.
Detailed Summary & Background:
A 30” water main was recently constructed from the Water Filtration Plant to the Muskegon
Channel. While the primary purpose of this water main was to provide a second connection to the
Muskegon County Northside water system, it also serves the City of Muskegon’s water system.
An existing water meter near the channel measures all water flow into the Muskegon County
Northside water system, but it does not capture any water used between the channel and the
Water Filtration Plant. Installing a water meter near the Water Filtration Plant will measure all the
water flowing through this main, both to the Muskegon County Northside system and to the City.
Metering this water as it leaves the Water Filtration Plant is critical to overseeing water plant
operations, managing the water fund, and ensuring regulatory compliance.
As part of the Water Filtration Plant’s Reliability Study, Prein & Newhof investigated two options for
metering this water. Because of Prein & Newhof’s familiarity with this project from their work
developing these two options, we did not solicit proposals from other firms. The proposal includes
engineering services during the design, bidding, and construction phases of the water meter
project. The construction portion of the project will be posted for bids and presented to the
Commission for approval at a later date.
This project is a budgeted capital improvement project for FY 2022-23.
Goal/Focus Area/Action Item Addressed:
N/A
Amount Requested: $41,000.00 Amount Budgeted: $150,000.00
Fund(s) or Account(s): 591-901-801-092034 Fund(s) or Account(s): 591-901-801-092034
Recommended Motion:
Authorize staff to enter into an agreement with Prein & Newhof for a not to exceed cost of
$41,000.00 for engineering services related to the installation of a water meter near the Water
Filtration Plant.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 27, Title: Interim City Manager Stipend
2022
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Extend stipend paid for the additional duties being performed in the Interim City
Manager role.
Detailed Summary: The $450 weekly salary stipend is set to expire September 30, 2022. It is
being proposed to extend the stipend for a 1 month time period, ending October 29, 2022 to allow
time for the new City Manager to get settled into the position with the assistance of the Interim
Manager. If the Interim Manager is selected, the stipend will cease once a contract is negotiated
and accepted by the City Commission.
Amount Requested: $1,800 Amount Budgeted: Included in salary line
Fund(s) or Account(s): 101-10172-5100 Fund(s) or Account(s): 101-10172-5100
Recommended Motion: To approve the weekly stipend as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 27, 2022 Title: New City Manager
Selection – Next Steps
Submitted By: Ann Marie Meisch, City Clerk Department: City Clerk
Brief Summary: The City Commission has carried out several steps of the hiring process for a new
city manager and has narrowed the candidate field to two remaining candidates. The City
Commission will discuss and decide what the next steps are in the process. The City Commission
will also select a meeting date and time to continue the process.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: TBD
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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