City Commission Minutes 11-14-2023

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                                 City of Muskegon
                             City Commission Meeting
                                     Minutes


                           November 14, 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 (arrived at 7:15 p.m.)
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Staff Present:        City Manager Jonathan Seyferth
                      City Clerk Ann Meisch
                      City Attorney John Schrier
                      Deputy City Clerk Kimberly Young



1.    Call To Order
      Mayor Johnson called the City Commission meeting to order at 5:35 p.m.
2.    Prayer
      Pastor James O'Brien from Anchor Point Bible Church opened the meeting with
      prayer.
3.    Pledge of Allegiance
      The Pledge of Allegiance to the Flag was recited by the Commission and the
      public.
4.    Roll Call
      As recorded above
5.    Honors, Awards, and Presentations
      5.a    Introduce New Staff - Finance Clerk

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           Ken Grant, Finance Director, introduced his new staff person, Laurie
           Stephens. Laurie came to us from Muskegon County, started a couple
           weeks ago and is doing well.
     5.b   Introduce New Staff - Development Analyst
           Jake Eckholm, Development Services, introduced Jocelyn Hines,
           Development Analyst. Jocelyn came to us from the Community
           Foundation.
     5.c   Employee Service Awards
           Mayor Johnson and Commissioners congratulated and thanked city
           employees for various years of distinguished, loyal service - ranging from
           5-35 years. Certificates of Appreciation were presented to those in
           attendance.
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-117
     Motion by: Commissioner Ramsey
     Second by: Commissioner Gorman
     To accept the consent agenda as presented, minus item 7.b, 7.c, 7.i, 7.j, and 7.k
     Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
     Mayor German, Commissioner Ramsey, and Commissioner Emory
     Absent (1): Commissioner Hood
                                                           MOTION PASSES (6 to 0)


     7.a   Approval of Minutes - City Clerk
           To approve the minutes of the October 24, 2023 Regular Meeting.
           STAFF RECOMMENDATION: To approve the minutes.
     7.d   Gaming Resolution - Friends of Hackley Public Library - City Clerk
           Friends of Hackley Public Library is requesting Recognition as a non-profit
           in the City of Muskegon for the purpose of obtaining a charitable gaming
           license.


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      STAFF RECOMMENDATION: To approve the request from Friends of
      Hackley Public Library to be recognized as a non-profit in the City of
      Muskegon for the purpose of obtaining a charitable gaming license.
7.e   Sale of 1141 Jefferson Street - Manager's Office
      Staff is seeking approval of the sale of 1141 Jefferson Street. In late 2020,
      the commission approved an agreement with Community EnCompass to
      construct affordable homes. The goals of the agreement were to further
      our economic equity efforts and create diversity of housing price points as
      we build housing infill. The agreement has been amended over time, and
      the project is now part of our ARPA infill housing initiative and our
      scattered site brownfield. We have received a purchase agreement for
      the second home located at 1141 Jefferson Street. The offer is for
      $180,000 with 3% toward seller concessions. The home was listed for
      $199,900 and had been on the market for 88 days before an offer was
      received. The Community EnCompass board accepts the offer as
      reasonable given sale prices for other infill homes in the area.
      STAFF RECOMMENDATION: To approve the purchase agreement for
      1141 Jefferson Street.
7.f   Sale of 169 McLaughlin Avenue - Manager's Office
      Staff is seeking approval of the sale of 169 McLaughlin Avenue. 169
      McLaughlin Avenue was constructed through the agreement with Dave
      Dusendang to construct infill housing with ARPA funding. The offer is for
      $12,094 over asking price with $8,094 in sellers concessions. This results
      in a full price offer.
      STAFF RECOMMENDATION: To approve the purchase agreement for
      169 McLaughlin Avenue.
7.g   DPW Asset Management Software - DPW
      Staff requests authorization to enter into a contract with OpenGov for a
      three-year subscription and setup services to implement an asset
      management software system for DPW assets.
      Cartegraph, a division of OpenGov (a government software services
      company), is an asset management software designed for public works. It
      tracks assets condition and maintenance practices and uses department
      priorities and AI to recommend new maintenance tasks, replacement
      schedules and other valuable information. It also has the important
      benefit of including a work order management system that will allow for

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electronic work order management, improving efficiency at DPW,
providing better tools for supervision of labor, equipment and materials,
and increasing the data available for reporting and decisions.
Staff has evaluated several different software systems that do similar
things to Cartegraph and has found that Cartegraph offers the most
complete set of asset classes, a high and ever-increasing number of
integrations to other software, an intuitive and customizable interface, and
excellent customer support. CivicPlus, BS&A and other systems the City
already uses do not offer a comparable software. Given the breadth of
assets and operations our DPW deals with, Cartegraph is staff’s
recommendation. Cartegraph will be integrated with BS&A to allow billing
and other financial information to flow back and forth, and IT agrees the
two solutions should coexist well.
In discussions with Cartegraph’s support staff, and due in part to the
detailed asset information already available in the City’s GIS database, the
Water Distribution and Wastewater Collection components of the software
should be prioritized and are the two specific groups of assets proposed
for the first year of the contract. Other assets such as stormwater,
sidewalks, fleet vehicles, buildings and facilities, parks assets and more
will be brought to the Commission in future years as DPW’s experience
with the system increases and our understanding of which asset classes
will most benefit improves.
This first year of the contract is higher than the annual cost of the software
to allow Cartegraph staff to help DPW implement the software and
develop customizations that will assist our operations. Additional asset
classes added in the future will include similar higher costs in the year of
implementation followed by reduced annual subscription fees after year
one.
Attachments include the fees by year, the scope of work document which
defines the implementation services, and the master services agreement
which is the three-year legal contract. Percentage breakdown by DPW
department were recommended by Cartegraph as follows based upon the
Public Service Buliding paying for the base software cost and individual
asset classes paying for specifics.
• Sewer (590): $9,873 software annual cost + $13,974.26
implementation services
• Water (591): $9,873 software annual cost + $13,974.26
implementation services

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      • Public Service Building: $19,900 Base Subscription Fee + $28,166.49
      implementation services
             o Note: This will be further split amongst many departments
             according to PSB rent.
             o General fund cost will be $6,610.33 in FY23, $2,873.57 in FY24
             and $3,017.25 in FY26
      Additional software and device costs are necessary to make the system
      function, including approximately $20,000 for in-vehicle computer systems
      in the water department trucks, an increase of approximately $25,000
      annually for cell phones and service lines for all DPW employees (only
      about 1/3 are currently on the City’s cell phone plan), and various other
      software services such as email addresses for all DPW employees totaling
      about $12,000. These additional costs will be made following the
      purchasing policy and will be brought to the Commission, if applicable, in
      the future.
      AMOUNT REQUESTED: FY23: $95,761.00 - FY24: $41,628.30
      FY25: $43,709.72
      FUND OR ACCOUNT: As described above
      STAFF RECOMMENDATION: To approve staff to enter into a contract
      with OpenGov for a three-year subscription and setup services to
      implement an asset management software system for DPW assets.
7.h   Emergency City Hall Chiller Repairs - DPW
      Staff seeks authorization to make emergency repairs to the chiller plant at
      City Hall. The chiller plant at City Hall, essentially the air conditioning unit,
      unexpectedly failed when a power surge hit the equipment following the
      explosion of a transformer. Many of the electrical components within the
      unit were affected and needed to be replaced. Staff reached out to
      American Mechanical Services of West Michigan, located just east of the
      City, and they agreed to repair the unit immediately.
      The damage occurred earlier this fall and staff authorized the repairs as
      an emergency purchase under the procurement policy. The City Manager
      approved the expense. In accordance with the policy the purchase is
      being brought to the Commission for approval after-the-fact due to being
      over $25,000.
      AMOUNT REQUESTED: $31,286.97



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      FUND OR ACCOUNT: 101-265 (City Hall Maintenance)
      STAFF RECOMMENDATION: To authorize staff to make emergency
      repairs to the chiller plant at City Hall.
7.l   Request to rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay,
      and 151/157/171/181 Allen - Second Reading - Planning
      Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St
      from B-2, Convenience & Comparison Business to FBC, Neighborhood
      Core and to rezone 151/157/171/181 Allen Ave and 971 Jay St from R-3,
      High Density Single Family Residential to FBC, Neighborhood Core, by
      General Capital Acquisitions, LLC.
      The properties are being rezoned to allow for affordable apartments. The
      Planning Commission recommended approval of the request by a 7-0
      vote.
      STAFF RECOMMENDATION: To approve the request to rezone 162 E
      Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to
      Form Based Code, Neighborhood Core.
7.m   Request to Rezone 550 W Grand Ave - Second Reading - Planning
      Request to rezone the property at 550 W Grand Ave from FBC, Urban
      Residential to FBC, Neighborhood Core, by General Capital Acquisitions,
      LLC. The properties are being rezoned to allow for affordable apartments.
      The Planning Commission recommended approval of the request by a 7-0
      vote.
      STAFF RECOMMENDATION: To approve the request to rezone the
      property at 550 W Grand Ave to Form Based Code, Neighborhood Core.
7.n   City Hall Operations Space Needs Analysis Contract - Development
      Services
      Staff is requesting authorization to enter into a contract with Integrated
      Architecture in the amount of $29,260 to complete a space needs analysis
      for City Hall operations that considers a potential move to the former
      Hackley Administration Building.
      The City issued an RFP on October 5, 2023 to conduct a space needs
      analysis for City Hall operations. The analysis will compare the available
      space in both the current City Hall building at 933 Terrace Street and the
      former Hackley Administration Building at 349 W. Webster Avenue to



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      evaluate a potential move of City Hall staff and services to the former
      Hackley Administration Building.
      Three (3) proposals were received and staff is recommending award of
      the services to Integrated Architecture, based on their experience with
      similar projects, and proposed timeframe for completion of the
      analysis.The bids received were as follows:
      - Integrated Architecture – $29,260
      - DLZ Michigan, Inc. – $39,000
      - Short Elliott Hendrickson (SEH) – $40,770
      AMOUNT REQUESTED: $29,260
      FUND OR ACCOUNT: 701-801-80200
      STAFF RECOMMENDATION: To authorize staff to enter into a contract
      with Integrated Architecture in the amount of $29,260 to complete a space
      needs analysis for City Hall operations that considers a potential move to
      the former Hackley Administration Building.
7.o   Contract - City Hall Floor Office Remodel - Development Services
      and Public Safety
      Staff is requesting authorization to accept Tridonn Construction
      Company’s bid in the amount of $247,234.00 to build out the vacant office
      space on the second floor of City Hall to serve the Development Services
      and Public Safety Departments.
      The first phase of the office remodel was completed in 2020 for the
      Development Services Department; with the addition of public
      engagement staff and new employees in Development Services, more
      space is needed. Additionally, the Detectives in the Public Safety
      Department plan to relocate to a portion of the vacant space. $200,000
      was budgeted in the Public Improvement Fund for the work. The City
      issued an RFP for the work on July 27, 2023 and three (3) proposals were
      received:
      - Tridonn Construction – $247,234
      - Clifford Buck Construction – $266,226
      - Erhardt Construction – $389,900
      Staff is recommending award of the services to Tridonn Construction
      Company, which submitted the low bid for the work.
      AMOUNT REQUESTED: $247,234.00

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      FUND OR ACCOUNT: 701-801-80200
      STAFF RECOMMENDATION: To authorize staff to accept Tridonn
      Construction Company’s bid in the amount of $247,234.00 to build out the
      vacant office space on the second floor of City Hall to serve the
      Development Services and Public Safety Departments.
7.p   DDA and District Library Member Appointments - City Clerk
      Consider appointment of:

         •   Andrew Boyd to the DDA/BRA/TIFA Board for a partial term
             expiring 01/31/2025

         •   Thomas DeVoogd to the District Library Board for a term expiring
             06/31/2027.
      DDA/BRA/TIFA liaison requested consideration of Andrew Boyd, business
      owner in the district, to a term vacated by the resignation of Michael
      Johnson, Sr. Hackley Public Library Board of Trustees President
      recommended Thomas DeVoogd, citizen, to the District Library Board for
      a term vacated at the expiration of Clayton Hardiman’s regular term in
      June 2023.
      STAFF RECOMMENDATION: Support the recommendation of city staff,
      Library Trustee and Community Relations Committee to appoint both
      applicants.
7.b   Local Officers Compensation Commission Recommendation - City
      Clerk
      The City of Muskegon’s Local Officers Compensation Commission met on
      October 16, 2023 and are recommending a salary increase of $600 for the
      Mayor ($8,600 to $9,200) and $600 for City Commissioners ($6,900 to
      $7,500). The LOCC is also recommending an increase in the budget for
      training, education, and travel from $1,500 to $2,000 and $750 to $1,000
      respectively.
      AMOUNT REQUESTED: $6,200
      FUND OR ACCOUNT: 101-101-702
      STAFF RECOMMENDATION: To concur with the recommendation of the
      Local Officers Compensation Commission.




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      Action No. 2023-118(b)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Gorman
      To concur with the recommendation of the Local Officers Compensation
      Commission.
      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Commissioner Hood
                                                       MOTION PASSES (6 to 0)


7.c   Early Voting Plan - City Clerk
      Michigan enacted early voting with prop 22-2 which is required to be in
      place by the Presidential Primary election in February 2024. Early voting
      can be conducted by single municipality and/or in partnership. To provide
      City of Muskegon residents with every possible opportunity to register to
      vote or cast their ballot, it is recommended that the Commission adopt a
      Voting Plan for Single Municipality and County Participating. Muskegon
      County will have one site for all county residents at their Marquette
      Campus and City of Muskegon will have one site at City hall for all City of
      Muskegon residents. The initial election costs include 100% of the
      purchase of designated early voting equipment used at the city and
      shared costs of equipment used by the county with an anticipated 40%
      equipment grant reimbursement from the State. Administration of future
      elections will be funded wholly by the city for the single early voting site
      and shared equally among the participants of the county site. It is
      estimated the cost to participate with the County in February will be
      $7,603 and for the City to do it alone will be $20,148.
      AMOUNT REQUESTED: $30,000
      FUND OR ACCOUNT: 101-215-729
      STAFF RECOMMENDATION: To approve the 9 day early voting plan for
      the City of Muskegon at City Hall and with the County building and
      authorize the expenditures of $30,000.




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      Action No. 2023-118(c)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Ramsey
      To approve the 9 day early voting plan for the City of Muskegon at City
      Hall and with the County building and authorize the expenditures of
      $30,000.
      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
      Emory
      ABSTAINED: (1): Commissioner Hood
                                                      MOTION PASSES (6 to 0)


7.i   Pere Marquette Restroom RFP - DPW
      Staff is requesting authorization to enter into an agreement with MCSA
      Group for $65,479 for design and construction services related to the Pere
      Marquette South Restroom.
      The city issued an RFP on October 5, 2023 seeking proposals from
      qualified firms for design and construction services for the Pere Marquette
      South Restroom.
      Five (5) proposals were received and staff is recommending award of the
      services to MCSA Group, the highest scoring firm based on qualifications
      of team, understanding of the requested services, the priced proposal, and
      location of the firm. MCSA Group has significant experience in the design
      and construction of similar park restroom facilities including historic
      rehabilitation work, the ability to complete the work plan on time, and
      offers a good value.
      The scores of the proposals received are as follows:

         •   924 – MCSA Group

         •   857 – Short Elliot Hendricksen (SEH)

         •   813 – Fleis & Vandenbrnk

         •   717 – Architects Collaborative Design Partnership

         •   648 – Driven Design


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      AMOUNT REQUESTED: $65,479 ($700,000 Project Budget)
      FUND OR ACCOUNT: 445 (Public Improvement)
      STAFF RECOMMENDATION: To authorize staff to enter into an
      agreement with MCSA Group for $65,479 for design and construction
      services related to the Pere Marquette South Restroom.
      Action No. 2023-118(i)
      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To authorize staff to enter into an agreement with MCSA Group for
      $65,479 for design and construction services related to the Pere
      Marquette South Restroom.
      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   Regional Transit Authority Resolution - Manager's Office
      Staff is seeking approval of a resolution of intent to join other
      municipalities in forming a regional transit authority which will establish
      articles of incorporation to meet requirements in Act 196.
      The Deputy City Manager has been participating with other municipalities
      in an effort to explore the establishment of a regional transit authority.
      Muskegon County wishes to transition its control of public transportation
      services to a new public transportation authority and are seeking
      confirmation and support from the municipalities who want to continue
      transit service. By adopting the attached resolutions, we are committing to
      work with the other municipalities in developing and filing the articles of
      incorporation for this new authority.
      STAFF RECOMMENDATION: To approve the resolution of intent to
      participate in Act 196 authority and authorize the clerk to sign.
      Action No. 2023-118(j)
      Motion by: Commissioner Ramsey
      Second by: Vice Mayor German



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             To approve the resolution of intent to participate in Act 196 authority and
             authorize the clerk to sign.
             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.k    Concession Contract Mac Kite - Parks & Recreation
             Renewal of Mac Kite brick & mortar concessionaire agreement. Per
             concession policy, Steve Negen of Mac Kite operating out of South Pere
             Marquette, qualifies for up to a 5-year contract extension for brick & mortar
             concessionaires. The business will be giving lessons on Wing Foil and
             Efoil equipment per their proposal. The contractual fees for a brick and
             mortar at this location is set at $1,000/Year + 10% of gross receipts or
             $2,500/Year, whichever is expected to be more.
             STAFF RECOMMENDATION: To grant staff permission to extend the
             contract of Mac Kite through April of 2029.
             Action No. 2023-118(k)
             Motion by: Commissioner Ramsey
             Second by: Commissioner Emory
              To grant staff permission to extend the contract of Mac Kite through April
             of 2029.
             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   Conflict of Interest Disclosure for Employee Request -Community &
             Neighborhood Services



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Seeking approval to waive conflict pursuant to City Charter and State Law.
City staff will be seeking to submit a request to the Department of Housing
and Urban Development for an Exception for a Conflict of Interest for the
City of Muskegon Community and Neighborhood Services (CNS)
Department Priority Home Repair Program.
Under State law, a contract between a public entity and a public servant is
permissible in this particular case when:

   •   The public servant discloses in writing to the Mayor, seven days
       prior to City Commission action, their interest in the issue and the
       value of benefits to be provided by the City;

   •   The official body discloses a summary of the transaction in its
       official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the
City may still enter into the contract if all the following occurs:

   •   The City Commission declares that it is in the best interest of the
       City to enter into the contract.
The City Attorney and employee letter is in the packet.
AMOUNT REQUESTED: $1,944.75 not to exceed $3,000.
FUND OR ACCOUNT: 472-718-801
STAFF RECOMMENDATION: To waive the conflict of interest pursuant to
City Charter and State Law and request the Department of Housing and
Urban Development for an exception approve the request of Conflict of
Interest Exception for the City of Muskegon Community and Neighborhood
Services Department Priority Home Repair Program.
Action No. 2023-119(a)
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To waive the conflict of interest pursuant to City Charter and State Law
and request the Department of Housing and Urban Development for an
exception approve the request of Conflict of Interest Exception for the City
of Muskegon Community and Neighborhood Services Department Priority
Home Repair Program.




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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 Fire Engine Replacement Purchase - Fire Department
     The Fire Department seeking approval to purchase a firefighting pumper
     apparatus to replace a 2010 fire apparatus.
     The Fire Department is seeking approval to purchase 2023 Spartan Star
     Series pumper from CSI Emergency Apparatus LLC of Graying Michigan
     for $972,276.00. This pumper will replace Engine 25, a 2010 Spartan
     Metro Star with 137,043 miles. The mandatory replacement for frontline
     fire apparatus is 15 years. The expected delivery date of this purchase is
     approximately 600 days or June of 2025.
     We did receive a bid for a Pierce Enforcer from Halt Fire of Wixom
     Michigan for $1,167,753.00.
     Sutphen Fire Apparatus of Dublin Ohio stated they would not be taking
     orders until January of 2024.
     A mandatory diesel emissions standard will go in effect in 2024.
     Manufactures are warning of a $150,000 price increase to meet the new
     emissions standards.
     AMOUNT REQUESTED: $972,276.00
     FUND OR ACCOUNT: 101-336-977
     STAFF RECOMMENDATION: To approve staff to enter into a purchase
     agreement with CSI Emergency Fire Apparatus for a 2023 Spartan Star
     pumper.
     Action No. 2023-119(b)
     Motion by: Commissioner St.Clair
     Second by: Vice Mayor German
     To approve staff to enter into a purchase agreement with CSI Emergency
     Fire Apparatus for a 2023 Spartan Star pumper.




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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.c   Final Planned Unit Development Approval - 2400/2850 Lakeshore
       Drive
       Request for final Planned Unit Development approval at 2400 and 2850
       Lakeshore Dr for a mixed-use development including residential and
       commercial, by Parkland Acquisition Six, LLC. The Planning Commission
       recommended approval of the PUD, with conditions, by a 6-0 vote at their
       November 6 meeting.
       STAFF RECOMMENDATION: To approve the request for final Planned
       Unit Development approval at 2400-2850 Lakeshore Dr, contingent upon
       the acquisition of the property by Parkland Acquisition Six, LLC based on
       the PUD review standards listed in Article 21, number 1, part C - 1 through
       7 of the zoning ordinance, with the following conditions:
          1. A traffic study be conducted, reviewed, and published by the Public
             Works Director.
          2. A stormwater permit is granted from the Engineering Department.
          3. A utility plan is approved by the Public Works Director.
          4. All applicable permits from various State Departments are
             obtained.
          5. A revised plan showing fire access to the marina slips is approved
             by the Fire Marshall.
          6. A landscape management plan will be submitted and approved by
             DPW Director inclusive of the natural vegetation zone.
       Action No. 2023-119(c)
       Motion by: Commissioner Gorman
       Second by: Commissioner Emory
       To approve the request for final Planned Unit Development approval at
       2400-2850 Lakeshore Dr, contingent upon the acquisition of the property
       by Parkland Acquisition Six, LLC based on the PUD review standards



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     listed in Article 21, number 1, part C - 1 through 7 of the zoning ordinance,
     with the following conditions:
         1. A traffic study be conducted, reviewed, and published by the Public
            Works Director.
         2. A stormwater permit is granted from the Engineering Department.
         3. A utility plan is approved by the Public Works Director.
         4. All applicable permits from various State Departments are
            obtained.
         5. A revised plan showing fire access to the marina slips is approved
            by the Fire Marshall.
         6. A landscape management plan will be submitted and approved by
            DPW Director inclusive of the native vegetation zone.
      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.d 1st Quarter Budget Reforecast - Finance
     At this time staff is asking for approval of the 1st Quarter Budget
     Reforecast for the FY2023-24 budget year.
     Highlights of 1st Quarter Budget Reforecast:
     101 General Fund Revenues:
     There are no amendments for revenue for 1st Quarter. We are going to
     take a deeper look at revenue in the 2nd quarter due to 1st quarter only
     having 3 months of activity.
     Expenditures:
     City Commission Dept 101-Increase expenditures by $5,602 due to
     passage of increase in Salary & Benefits from Local Officer Compensation
     Board.
     City Promotions & Public Relations Dept 103-Increase of $14,000 for
     newsletter print cost, Watch Donation, and Lakeside Bid Donation.
     Decrease of $39,448 to move intern’s salary to Managers Office.


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City Manager Dept 172- Increase of $42,308 due to moving Intern from
Promotions, Human Resource Office buildout, and Human Resource
Computer.
Information Systems Dept 228-Increase of $30,800 for BSA Cloud down-
payment (Passed by Commission on September 26,2023).
Contributions Dept 252-Increase $5,000 for Lakeside Bid Fall Festival.
City Hall Maintenance Dept 265-Increase expenditures by $10,000 due to
increase in water rates.
Planning Dept 701- Total increase of $35,000. Of which $24,000 is for a
possible Planner 3 position. $10,000 is for conference and training that
was inadvertently omitted from the original budget. $1,000 is an increase
in office supplies.
Capital Projects Dept 901-Increase of $60,000 for the second-floor
remodel.
202 Major Streets Fund Revenues:
There are no amendments for Revenue.
Expenditures:
Added $40,000 for intersection repairs at Getty and Marquette.
203 Local Streets Fund Revenues:
There are no amendments for Revenue.
Expenditures:
Increased by $625,000. $275,000 each for Millard and Edgewater.
$75,000 for engineering of New and 2nd street.
Brownfield & DDA Funds Revenues:
Increase of revenue by $168,500 for treasurers’ projections of current year
tax roll.
Expenditures:
Decrease of $2,400 due to treasurers’ projections of current tax roll.
254 Trinity Health Arena Fund Revenues:
Increase Annex Revenue by $13,000 due to number of therapists
operating.

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Expenditures:
Increase of $15,040 for arena glass and ADA.
445 Public Improvement Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase by $60,000 for Nelson House Move and $400,000 for PM South
Restroom.
590 Sewer Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase expenditures by $280,318 for City Service Fee and Utility
Administration Fee.
591 Water Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $1,078,667 for bond payments and expenditures.
677 General Insurance Fund Revenues:
There are no amendments to Revenue.
Expenditures:
Increase of $4,103.50 for Masks, MERS Conference, JJ Keller Increase,
and EAWM table increase.
AMOUNT REQUESTED:
101 General Fund increase expenditures by $163,262.00
202 Major Street Fund increase expenditures by $40,000.00
203 Local Street Fund increase expenditures by $625,000.00
254 Trinity Health Arena Fund increase revenue by $13,000.00
254 Trinity Health Arena Fund increase expenditures by $15,040.0
445 Public Improvement Fund increase expenditures by $640,000.00


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             590 Sewer Fund increase expenditures by $280,318.00
             591 Water Fund increase expenditures by $1,078,677.00
             677 General Insurance Fund increase expenditures by $4,103.20
             FUND OR ACCOUNT: Multiple
             STAFF RECOMMENDATION: To approve the 1st Quarter FY2023-24
             Budget Reforecast as presented.
             Action No. 2023-119(d)
             Motion by: Commissioner Ramsey
             Second by: Commissioner Hood
             To approve the 1st Quarter FY2023-24 Budget Reforecast as presented.
             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)


11.   Any Other Business
12.   Public Comment on Non-Agenda items
      Public comments were received.
13.   Closed Session
      13.a   Discuss Pending Litigation
             Action No. 2023-120
             Motion by: Commissioner St.Clair
             Second by: Commissioner Emory
             To go into Closed Session to consult with our attorneys regarding
             settlement strategy in connection with Stephen Pase v Mason Adkins,
             United States District Court for the Western District of Michigan, Southern
             Division, Case No. 1:22-CV-667-PLM-PJG because an open meeting
             would have a detrimental financial effect on the settlement position of the
             City of Muskegon.



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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)


            Motion by: Commissioner St.Clair
            Second by: Commissioner Hood
            To go out of Closed Session.
                                                                MOTION PASSES


            Motion by: Commissioner Hood
            Second by: Vice Mayor German
            To pay the proposed settlement.
            Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
            St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
            Ramsey, and Commissioner Emory
                                                        MOTION PASSES (7 to 0)


14.   Adjournment
      The City Commission meeting adjourned at 10:28 p.m.



                                                    _________________________
                                                            Respectfully Submitted,
                                                Ann Marie Meisch, MMC - City Clerk




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