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City of Muskegon
City Commission Meeting
Minutes
January 24, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Attorney John Schrier
City Clerk Ann Meisch
1. Call To Order
Mayor Johnson called the meeting to order at 5:30 p.m.
2. Prayer
Pastor Tara Foreman from Bethany Christian Reformed Church opened the
meeting with prayer.
3. Pledge of Allegiance
The Commission and public recited the Pledge of Allegiance to the Flag.
4. Roll Call
As recorded above.
5. Honors, Awards, and Presentations
5.a Resolution Honoring Connie Navarro
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The City of Muskegon recognizes and honors the late Erenia "Connie"
Navarro as a community leader, a Latino champion, civil rights giant, small
business owner, social agency worker, volunteer, wife, mother and friend
of countless Muskegon Citizens. A resolution recognizing years of service
was read in English and in Spanish in front of family, friends, and
community members.
Action No. 2023-14
Motion by: Vice Mayor German
Second by: Commissioner Ramsey
To designate Walton Avenue from Terrace to Pine Streets as Connie
Navarro Way.
MOTION PASSES
5.b Mental Health Crisis Team- Introduction/Presentation
Public Safety Director Tim Kozal introduced Heather Wiegand,
HealthWest Supervisor. Heather Wiegand introduced Office Andy McKee
and Michelle Pouch, a Master Clinician Social Worker. Michelle will be our
Master Clinician Social Worker and is embedded with the Muskegon
Police Department to go on calls with officers for mental crises.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-15
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the consent agenda as presented, minus items B, D, H, I, and J.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
7.a Approval of Minutes - City Clerk
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To approve the minutes of the December 28, 2022 Special Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.c Signing Purchase Agreements - City Manager
Staff is requesting approval of a resolution which specifies who can sign
purchase agreements on behalf of the city.
The resolution names Jonathan Seyferth and LeighAnn Mikesell as city
employees who are authorized to sign purchase agreements on behalf of
the city.
STAFF RECOMMENDATION: To approve the resolution authorizing
specific city staff to sign purchase agreements on behalf of the city.
7.e Sale of 1334 Pine Street - City Manager
Staff is requesting approval of a purchase agreement for 1334 Pine Street.
1334 Pine Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is for
the full listing price and is contingent on the sale of the buyer’s current
home. The realtor will allow 14 days for the buyer to sell their current
home, then continue to accept offers.
STAFF RECOMMENDATION: To approve the purchase agreement for
1334 Pine Street.
7.f Sale of 373 Catawba Avenue - City Manager
Staff is requesting approval of a purchase agreement for 373 Catawba
Avenue. 373 Catawba Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is for the full listing price with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
373 Catawba Avenue.
7.g Special Events - DPW
Staff is seeking approval of a proposed change to the Special Event
Policy. The revised Special Event Policy with the proposed addition of not
closing Western Ave for a walk or run is provided This was discussed at
the October 10, 2022 Worksession meeting but staff neglected to include
the change in the policy.
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STAFF RECOMMENDATION: To approve the change to the Special
Event Policy.
7.k Sale of 548 E. Dale - Community and Neighborhood Services
Seeking authorization to sell 548 E Dale to a qualified buyer. The CNS
Department utilized HOME Investment Partnership Program funds to
rehabilitate a home at 548 E Dale to sell through our Homebuyer Program.
Renovations are completed, and a qualified buyer, Lindsey Sweezer, has
put in an offer of $145,000 with a $14,000 subsidy, which CNS has
accepted. Income from this sale will be reinvested in our programming.
STAFF RECOMMENDATION: Adopt the resolution for the sale of 548 E
Dale to Lindsey Sweezer and authorize the City Clerk to sign it.
7.b Community Relations Commission Recommendations - City Clerk
To concur with the CRC recommendations to remove member from the
Farmers Market Advisory Board and make the appointments detailed
below.
The CRC recommends:
• Removing Woody Van Blargan – Seasonal Food Vendor – Term
Expiring 1/31/2024 from the Farmers Market Advisory Board.
• Making the following appointments:
• Board of Review - Reappoint Pamela Smith; Appoint Clinton Todd
& Don Hammond (Citizens)
• Citizen’s Police Review Board – Reappoint William Muhammad &
Rozelia Patino (Members of a Minority-Based Organization),
Robert Roundtree (Citizen At-Large), Ron Hayward & Ann Craig
(Neighborhood Association Representatives); Appoint Eric Hood
(Law Enforcement Professional)
• Civil Service Commission – Reappoint Johnny Brown (Citizen)
• Construction Code Board of Appeals – Reappoint Lane Bensten
(Electrical), Joshua Ohst (Public Health) and Wade VandenBosch
(Construction Manager)
• Downtown Development Authority – Reappoint Jay Wallace
(Member with interest in the property in the district), Brad Hastings
& Martha Bottomley (Citizens) & Doug Pollock (Resident of the
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district); Appoint Kiel Reid & Bob Tarrant (Members with interest in
the property in the district)
• Election Commission – Reappoint Casey Allard (Citizen)
• Equal Opportunity Committee – Reappoint Jared Gazarek
(Citizen representing Ward 2)
• Farmers Market Advisory Board – Reappoint Jon Visser
(Seasonal Farmer), Kathi Upman (Seasonal Crafter/Artisan), &
Cindy Larsen (Citizen)
• Historic District Commission – Reappoint Kimi George (Person
with occupational or financial interest in one or more of the
historical districts) & David Gregersen (Citizen)
• Housing Code Board of Appeals – Reappoint Kim Burr (Citizen);
Appoint Steven Frantz (Citizen)
• Housing Commission – Reappoint Ken Grant (Citizen)
• Income Tax Board of Review – Appoint Bethanny Cody
(Resident)
• Lakeside Business Improvement District – Reappoint Louise
Hopson & Kathy Fearnley (Assessed property owners or their
representatives)
• Local Officer’s Compensation Commission – Reappoint Marty
Ferriby (Citizen)
• Planning Commission – Reappoint Bryon Mazade, Larry Spataro
& Jill Montgomery-Keast (Citizens)
• Zoning Board of Appeals – Reappoint Virginia Taylor, Jill
Montgomery-Keast, & Jonathan Witmer (Residents); Appoint Mike
Gallavin (Resident)
STAFF RECOMMENDATION: To concur with the recommendation of the
CRC to make the above removal and appointments.
Action No. 2023-16
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
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To concur with the recommendation of the Community Relations
Committee to make the above removal and appointments.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.d Sale of 1330 Pine Street - City Manager
Staff is requesting approval of a purchase agreement for 1330 Pine Street.
1330 Pine Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. Once seller
concessions are included, the offer is for the full listing price.
STAFF RECOMMENDATION: To approve the purchase agreement for
1330 Pine Street. The buyer requested a refrigerator, stove, and air
conditioning, the sales price was increased to cover the additional costs.
Action No. 2023-17
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the purchase agreement for 1330 Pine Street.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Ramsey
Absent (1): Commissioner Emory
MOTION PASSES (6 to 0)
7.h 2023 User Fee Update - Finance
City Departments have reviewed and updated their user fees and these
have been incorporated into the Master Fee Resolution that is provided for
your consideration.
STAFF RECOMMENDATION: To approve the 2023 Master Fee
Resolution.
Action No. 2023-18
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Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To approve the 2023 Master Fee Resolution
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.i Deficit Elimination Plan - Marina - Finance
To approve the Deficit Elimination plan and resolution for the Marina Fund
and direct staff to submit plan to the State of Michigan.
At June 30, 2022 the Marina Fund had a $395,374.00 deficit. Act 275 of
Public Acts of 1980 requires the City to formulate a deficit elimination plan
and submit it to the Michigan Department of Treasury. The deficit
elimination plan and resolution for the Sewer Fund are attached.
AMOUNT REQUESTED: $450,000
FUND OR ACCOUNT: General Fund to Marina Fund
STAFF RECOMMENDATION: To approve the deficit elimination
resolution for the Marina Fund.
Action No. 2023-19
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
Tp approve the deficit elimination resolution for the Marina Fund.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.j Deficit Elimination Plan- Brownfield Redevelopment Authority
(combined) - Finance
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To approve the Deficit Elimination plan and resolution for the Brownfield
Redevelopment Authority (combined) and direct staff to submit plan to the
State of Michigan.
At June 30, 2022 the Brownfield Redevelopment Authority (combined) had
a $64,211.00 deficit. Act 275 of Public Acts of 1980 requires the City to
formulate a deficit elimination plan and submit it to the Michigan
Department of Treasury. The deficit elimination plan and resolution for the
Brown Field Redevelopment are attached.
STAFF RECOMMENDATION: To approve the deficit elimination
resolution for the Brownfield Redevelopment.
Motion by: Vice Mayor German
Second by: Commissioner Hood
To approve the deficit elimination resolution for the Brownfield
Redevelopment.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Housing Board of Appeals, Demolition - 835 W. Forest, 1043
Washington, and 1642 Dyson - Public Safety
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
Housing Board of Appeals has deemed 835 W Forest, 1043 Washington
and 1642 Dyson to be in property maintenance violation. Property has
been a long-standing area of blight and public nuisance/hazard.
STAFF RECOMMENDATION: To concur with the Housing Board of
Appeals decision to demolish and authorize administration to obtain bids
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for the demolition and that the Mayor and Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder.
Action No. 2023-21
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder for the property at 1642
Dyson Street.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Action No. 2023-21
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder for the property at 1043
Washington Avenue.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Action No. 2023-21
Motion by: Vice Mayor German
Second by: Commissioner Hood
To table the decision regarding demolition of 835 W. Forest until the
February 28, 2023 City Commission meeting.
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Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.b First Amendment to Parkland Marina, LLC Development Agreement -
City Manager
The objective of this amendment is to memorialize the public access
commitments within the 350 Shoreline Drive Development Agreement with
Parkland Marina, LLC. Public access under the former dedication is
temporarily restored until construction commences and new public access
is guaranteed within project as a condition to issuing building permits. The
amendment also extends certain deadlines and provides a payment to the
City from Parkland Marina, LLC in the amount of $25,000.00.
This first amendment to the development agreement between the City and
Parkland Marina, LLC grants the public a temporary license which returns
public access to its status prior to the sale of the development property to
Parkland Marina, LLC until construction commences. Additionally, the City
and Parkland Marina, LLC must approve a new public access instrument
prior to the issuance of any building permits. The amendment also
increases the purchase price for the development property from $1.00 to
$25,000.00, extends certain deadlines, and requires the City to vacate the
“driveway” within the former dedication pursuant to City ordinance.
City staff identified certain public access commitments discussed with the
developer that needed to be included or clarified in the written
Development Agreement signed March 25, 2021. City staff and the
developer met in the Summer of 2022 to discuss putting those
commitments in writing. The amendment was delayed due to a lawsuit
filed against the City by a neighboring property owner related to the
Development Agreement on August 24, 2022. The purchase price
increase, deadline extensions, and the requirement for the City to “vacate”
the former dedication are included to address issues raised in that lawsuit.
In discussion with legal counsel, the new obligations and increased
purchase price can potentially resolve the lawsuit which concerns the
value received by the City for the sale of the development property. The
City receives a commitment by the developer to restore public access now
and at the completion of the project, receives an additional $25,000.00,
and the only concession is to extend the developer’s deadline due to
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delays caused by the lawsuit. This is fair consideration for the
development property taking into account that the development property
was burdened by a permanent easement for parking lot purposes which
could never terminate without the developer’s agreement, the
environmental concerns with the development property, and the fact that
public access is guaranteed before and after construction of the project. A
public hearing would be held to vacate the former dedication’s “driveway.”
STAFF RECOMMENDATION: To approve the First Amendment to the
Development Agreement between the City of Muskegon and Parkland
Marina, LLC
Action No. 2023-22
Motion by: Commissioner Hood
Second by: Commissioner Ramsey
To approve the First Amendment to the Development Agreement between
the City of Muskegon and Parkland Marina, LLC.
Ayes: (1): Mayor Johnson
Nays: (6): Commissioner Gorman, Commissioner St.Clair, Commissioner
Hood, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
MOTION FAILS (1 to 6)
11. Any Other Business
Debra Santiago-Sweet, Community Engagement Manager for the City of
Muskegon, invited participation in two upcoming public events.
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To adjourn the City Commission Meeting at 9:35 p.m.
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MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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