City Commission Minutes 08-23-2022

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           AUGUST 23, 2022 @ 5:30 P.M.


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
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
  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
  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
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
ROLL VOTE: Ayes: Johnson, Hood, German, Emory, and St.Clair
            Nays: None
2022-76     NEW BUSINESS:
  A. Amendment to the Zoning Ordinance – Minimum Housing Unit Sizes
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
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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