City Commission Minutes 04-25-2023

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                                 City of Muskegon
                             City Commission Meeting
                                      Minutes


                              April 25, 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 (left at 9:50 p.m.)
                      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
      The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace
      Street, Muskegon, Michigan at 5:30 p.m. on Tuesday, April 25, 2023. Mayor
      Johnson called the City Commission Meeting to order at 5:30 p.m.
2.    Prayer
      Pastor Russ Damm, Oakcrest Church of God, 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


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     5.a   New Staff Introduction - Public Safety
           Police Community Coordinator, Emily Morgenstern
           Chief Kozal introduced Emily Morgenstern, new to the Department of
           Public Safety, as the Police Community Coordinator.
     5.b   Women Veterans Day
           Mayor Johnson presented a resolution recognizing WINC (Women Injured
           in Combat) and declaring April 26 of each year as Women Veterans Day
           in Muskegon.
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-54
     Motion by: Vice Mayor German
     Second by: Commissioner Hood
     To accept the consent agenda as presented, minus item g and m.
     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
           To approve the minutes of the March 28, 2023 Regular Meeting and the
           March 29, 2023 Special Meeting.
           STAFF RECOMMENDATION: To approve the minutes.
     7.b   Health and Dental Care Renewal - Finance
           To approve the renewal of Priority Health as the City's fully insured health
           care provider and the Third-Party Administrator for City's self-funded
           health care plan. And to renew Delta Dental as the City's dental insurance
           provider.




                                         2
The City's health care coverage renews June 1, 2023, for the period June
1, 2023 to May 31, 2024. The following are changes effective June 1,
2023.
1. Renewal rates increased by 5%. Medical Inflation and Trend are 6.66%
for Medical and 7.93% for Prescription.

   Demographic       2022          2023

   Single            $572.44       $604.78

   Double            $1,287.99     $1,360.75

   Family            $1,545.59     $1,632.91


2. Each year out-of-pocket maximums are adjusted by the insurance
carrier. This year the change to out-of-pocket maximums are as follows:

   Demographic        2022         2023

   Single             $8,550       $9,100

   Double/Family      $17,100      $18,200


3. Our Health Reimbursement Arrangement (HRA) is running very well.
Our annual projection for this current (2022/23) plan year payout will be
around $361,369.24.
4. Our Deductible needs to be met before the Coinsurance starts. It is
looking like only around 13 people meet their deductible and coinsurance
for 2022/2023 plan year.

                               2022              2023

   Annual Employee             $403,419.38       $271,171.37

   Annual HRA Employer         $361,369.25       N/A

   Annual Employer             $2,117,951.74     $2,440,542.31

   Annual Hard Cap             $2,647,020.05     $2,774,084.40


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      5. For our self-funded contract, which includes 2 segments, those retirees
      under 65 and those over 65. We have 7 large claims currently in the self-
      funded plan. The renewal rates for the self-funded plan are as follows:

                        Enrolled    Current      Renewal     Increase/Decrease

         Admin          157         $51.68       $52.85      2.0%
         Fee

         Aggregate      157         $13.76       $14.72      7.0%
         Premium


      6. Delta Dental rates will remain the same for 2023-24. There are no plan
      changes. The city offers three benefit packages dependent on where you
      work.

                                        Single    Double    Family

         Basic (Police & Fire)          $26.80    $50.40    $101.28

         Enhanced (Non-Union)           $32.68    $61.19    $122.25

         Union Enhanced (union)         $31.24    $59.33    $120.50


      7. Vision rates will stay the same and there will be no changes in benefits.
      8. Payroll contributions will be 10% employee paid on a bi-weekly basis.
      The 10% payroll contribution includes medical rates, and HRA payments.
      AMOUNT REQUESTED: $2,711,713.68
      AMOUNT BUDGETED: $2,711,713.68
      STAFF RECOMMENDATION: To renew the health and dental plans with
      the current increase.
7.c   Hard Cap Exemption - Finance
      The State of Michigan has a hard cap exemption for the employer portion
      of health care. The health care renewal for the June 1, 2023 to May 31,
      2024 has the employer paying $2,784,987.31. The State of Michigan hard

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      cap is $2,774,084.40. This is based off 69 single, 43 double and 77 family
      participants.
      STAFF RECOMMENDATION: To adopt the annual Exemption option for
      the medical benefit plan coverage year June 1, 2023 through May 30,
      2024.
7.d   ARPA Community Grant Review Committee - City Manager
      Removed per staff request.
7.e   Adelaide Pointe Construction Engineering - DPW
      Staff requests authorization to enter into a contract with ENG. Inc. to
      perform third-party construction engineering services for the roads and
      public utilities on the Adelaide Pointe development site.
      In February of 2022 at the developer’s request, staff issued an RFP for
      design and construction engineering services at Adelaide Pointe. At the
      time it was thought that the hired firm would design and oversee the
      installation of the public infrastructure. Three firms submitted, and a
      summary of the qualifications-based scoring is shown below:

         Submitting Firm           Score (Base 1000)

         HRC, Inc.                 730

         ENG. Inc.                 825

         Edgewater Resources       355
      ENG. was the highest-scoring firm, although no award was made due to
      changes in how the design and contracting was done.
      The developers engineer ended up designing the project, and permits are
      now being issued. Construction on the public infrastructure is expected to
      begin this month, and may be completed this year.
      The need for construction engineering services has not changed, and in
      fact is now greater than before due to the developer’s engineer having
      designed the infrastructure. ENG. has submitted a revised proposal that
      covers only the construction services. Staff find their proposal as
      compelling as before, and requests authorization to hire them to oversee
      this historic investment in Muskegon’s waterfront.



                                    5
      This is an unbudgeted item for FY23, however all costs are covered by
      special funds (roads, water and sewer). The costs will be budgeted in
      FY24 as shown below.
      AMOUNT REQUESTED: $25,000 (FY23)
      AMOUNT BUDGETED: $0 (FY23)
      AMOUNT REQUESTED: $28,250 (FY24)
      AMOUNT BUDGETED: $281,250 (FY24)
      FUND OR ACCOUNT: $60,637.50 (Water, 591) - $43,487.50 (Sewer,
      590) - $202,125 (Streets, 203)
      STAFF RECOMMENDATION: Authorize staff to enter into a contract with
      ENG. Inc. for third-party construction engineering services for the public
      infrastructure at the Adelaide Pointe site in the amount of $306,250.
7.f   Olthoff Drive Extension Contract Award - DPW
      Staff is requesting approval of a contract with Terra Contractors, Inc. in the
      amount of $1,043,104.60 for the extension of Olthoff Drive, with funds
      from a TEDF Category A grant from MDOT and remaining funds from an
      MEDC grant related to the demolition of the prison.
      On March 14, 2023, Commission approved a grant agreement with MDOT
      that awarded up to $630,000 to the City for a Transportation Economic
      Development Fund (Category A) Grant. The grant process has been
      completed, and the construction contract can now be awarded. The grant
      will cover 60% of the construction cost, leaving $413,104.60 to be paid out
      of the MEDC grant the City received to redevelop the industrial park and
      demolish the former prison. The two grants combined will fully cover the
      cost of the project.
      The City received bids on December 13, 2022. Terra Contractors is
      recommended by staff in accordance with an “intent to award” letter that
      Commission received last month, for reasons outlined in that letter.
      AMOUNT REQUESTED: $1,043,104.60 (Grant)                AMOUNT
      BUDGETED: $1,043,104.60 (Grant)
      FUND OR ACCOUNT: N/A (Via 202 and 482)
      STAFF RECOMMENDATION: Authorize staff to enter into a contract with
      Terra Contractors in the amount of $1,043,104.60 for the extension of
      Olthoff Drive on the former prison site.

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7.h   Street Sweeping Contract Award - DPW
      Staff is requesting authorization to enter into a three-year contract with Tri-
      Us Services, Inc. for street sweeping services throughout the City for 2023
      through 2025 in an amount of $310,370.23 each year.
      Staff issued a public bid for street sweeping services, as our previous
      contract had expired. A bid tab showing the results is included. The low
      bidder, Tri-US Services, has been performing street sweeping services for
      the City for many years and has always done a good job; staff
      recommends award to Tri-Us Services. The funds for street sweeping
      comes from the Sanitation Fund, which receives revenue from both the
      sanitation millage and the sanitation fee on the water bill. MDOT contracts
      with the City for sweeping of the trunklines within the City via
      reimbursement, and MDOT will again reimburse the City for the trunkline
      portions of this contract on an annual basis. The bid includes $170.00 per
      hour for additional sweeping services such as special events, construction
      sweeping, etc.
      AMOUNT REQUESTED: $310,370.23 (FY23-23 Each)                    AMOUNT
      BUDGETED: $275,000 FY23 & $311,000 FY24-26
      FUND OR ACCOUNT: 101-521 (Sanitation)
      STAFF RECOMMENDATION: To authorize staff to enter into a three-year
      contract with Tri-Us Services for street sweeping for an annual cost of
      $310,370.23.
7.i   Sale of Lots for Residential Construction to LRS Enterprises -
      Development Services
      LRS Enterprises will complete their ARP Infill Housing Agreement with the
      City this calendar year, and would like to secure lots to privately build and
      market 9 residential for-sale homes.
      Lots requested:

         •   723 Sumner for construction of 2 homes (lot split)

         •   725 Wesley for construction of 1 home

         •   628 Mulder for construction of 2 homes (lot split)

         •   396 Erickson for construction of 1 home

         •   397 Marquette for construction of 1 home


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         •   388 Jackson for construction of 2 homes (lot split)
      Total price for acquisition at 75% of True Cash Value is $15,075.00. LRS
      will have the opportunity to have some of that rebated to them pending
      final design of the homes per the lot sale policy.
      STAFF RECOMMENDATION: To authorize the Code Coordinator to work
      with the developer and complete the sale of the vacant lots to build nine
      single family homes on the buildable lots as described and to have the
      Mayor and Clerk sign the purchase agreement and deed.
7.j   Amendment to the Zoning Ordinance - Marihuana Processing - 2nd
      Reading - Planning
      Staff initiated request to amend the B-2, B-4, I-1, I-2 and MC sections of
      the zoning ordinance to allow marihuana processing facilities without
      extraction methods classified as hazardous under the Michigan Building
      Code as a special use permitted.
      The Planning Commission recommended approval of the amendments by
      a 7-0 vote at their March 16, 2023 meeting.
      STAFF RECOMMENDATION: To approve the request to amend the B-2,
      B-4, I-1, I-2 and MC sections of the zoning ordinance to allow marihuana
      processing facilities without extraction methods classified as hazardous
      under the Michigan Building Code as a special use permitted.
7.k   Rezoning a Portion of 560 Mart Street - 2nd Reading - Planning
      Request to rezone a portion of the property at 560 Mart St from B-2,
      Convenience & Comparison Business to WM-Waterfront Marine, by West
      MI Dock & Market.
      The Planning Commission recommended approval of the rezoning by a 7-
      0 vote at their March 16, 2023 meeting.
      STAFF RECOMMENDATION: To approve the request to rezone a portion
      of 560 Mart St from B-2 to Waterfront Marine.
7.l   Rezoning of 1163 Terrace Street - 2nd Reading - Planning
      Request to rezone the property at 1163 Terrace Street from R-3
      Residential to B-2, Convenience & Comparison Business, by Ryan Burns.
      The Planning Commission recommended approval of the rezoning by a 7-
      0 vote at their March 16, 2023 meeting.


                                    8
      STAFF RECOMMENDATION: To approve the rezoning of 1163 Terrace
      St from R-3 to B-2.
7.g   TCO 78-2023 - Lakeshore & Southern Stop Sign Removal - DPW
      Staff requests approval of Traffic Control Order #78-(2023).
      The Michigan Manual of Uniform Traffic Control Devices (MMUTCD), the
      document that provides guidance for installation of traffic controls,
      includes provisions for stop-controlled intersections such as:

         •   The combined vehicular, bicycle, and pedestrian volume entering
             the intersection from all approaches averages more than 2,000
             units per day, and

         •   An intersection of two residential neighborhood collector (through)
             streets of similar design and operating characteristics where multi-
             way stop control would improve traffic operational characteristics of
             the intersection.
      In the spring of 2022, a stop sign was installed at Lakeshore and Southern
      in accordance with the above criteria. In consultation with the Nims
      Neighborhood Association, DPW and the neighborhood request the stop
      sign be removed. It has not contributed to safety, and in fact has added to
      noise pollution in the area as cars speed away from the stop sign. Stop
      signs installed at Michigan and Franklin and at Western and Franklin
      around the same time have yielded better results, are not proposed for
      removal, and will continue to be monitored.
      STAFF RECOMMENDATION: To approve Traffic Control Order #78-
      (2023).
      Action No. 2023-55 (g)
      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To approve Traffic Control Order 78-2023
      Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
      Ramsey, and Commissioner Emory
                                                      MOTION PASSES (7 to 0)




                                    9
     7.m   Amendment to the Zoning ordinance, Carriage House Requirements -
           2nd Reading - Planning
           Staff initiated request to amend the form-based code section of the zoning
           ordinance to allow carriage houses with only a one-story minimum
           requirement and only a 20-foot depth requirement.
           STAFF RECOMMENDATION: To approve the requested amendments to
           allow carriage houses with only a one-story minimum requirement and
           only a 20-foot depth requirement.
           Carriage houses are currently required to be two stories and have a
           minimum depth of 30 feet.
           The Planning Commission recommended approval of the amendments by
           a 6-1 vote at the March 16, 2023 meeting.
           Action No. 2023-55 (m)
           Motion by: Commissioner Ramsey
           Second by: Commissioner St.Clair
           To approve the requested amendments to allow carriage houses with only
           a one-story minimum requirement and only a 20-foot depth requirements.
           Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
           Emory
           Nays: (1): Vice Mayor German
                                                          MOTION PASSES (6 to 1)


8.   Public Hearings
     8.a   Public Hearing Brownfield Plan Amendment, The Meadows at Harbor
           31, Harbor 31 LLC - Development Services
           Harbor 31 LLC has submitted a Brownfield Plan Amendment for the
           Meadows at Harbor 31 Redevelopment Project - a residential
           development on 2.5 acres located at 177 Viridian Drive along the south
           shore of Muskegon Lake.
           The Harbor 31 project is a 31-acre mixed use development that will
           include 155 market-rate apartments and townhouses, as well as a hotel,
           retail and office space, marina, boat sales rentals, and senior living.


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The Meadows at Harbor 31 is located on 2.5-acres along Muskegon Lake.
The proposed redevelopment activities will include a 21 two-story multi-
family duple style residential homes with surrounding grass lawn areas,
sidewalks and roadways creating a walkable community that provides
access to Muskegon Lake, greenspace areas in downtown Muskegon.
Sustainable development concepts are proposed throughout the project
including green building techniques and low-impact development and
stormwater management. The Total private investment, not including
property acquisition, is approximately $7MM. Development is expected to
begin this fall through 2024.
Staff comments:
• The Meadows at Harbor 31 is the third brownfield plan amendment for
Harbor 31 LLC which includes Trilogy and Viridian Shores.
• The original property has been utilized for industrial use which has
resulted in a widespread of contamination across the property. The
developer is in the process of completing a phase ESA and will complete
a BEA in the near future. The property is considered an eligible property
as defined by act 381 due to the known soil contamination.
• The plan includes a total eligible activity costs of $530,700 which
includes department specific activities-
$50,700, due care activities- $400,000, contingency (15%)- $60,000,
brownfield plan amendment/ act 381 work plan preparation- $15,000, and
brownfield plan amendment implementation- $5,000.
• The total cost for the local only MSF Non-Environmental Eligible
activities is $1,430,435 which includes a contingency of 15% and 2.5%
interest. The total Developer EGLE and local only MSF eligible activities
costs is $1,961,135.
• Additional eligible fees include the local only City of Muskegon eligible
activities with a total cost of
$644,586.
• The 2023 taxable value of the eligible property is $136,500. After
completion of the development, the taxable value is estimated at
$2,800,000. This Plan Amendment assumes a 1% annual increase in the
taxable value of the eligible property. Initial capture is anticipated to begin
in 2026 (after the sunset of the Smart Zone tax abatement for the
property).



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      • Capture of tax increment revenues for Developer reimbursement is
      anticipated to commence in 2026 and end in 2045, a total of 22 years.
      This Plan Amendment assumes approximately three years of additional
      capture of tax increment revenues (following Developer reimbursement)
      for deposit into a Local Brownfield Revolving Fund, if available.
      • The Brownfield Redevelopment Authority approved and signed the
      resolution for the BPA on April 11, 2023.


      STAFF RECOMMENDATION: To close the public hearing and to approve
      the resolution for the Brownfield Plan Amendment, for The Meadows at
      Harbor 31 authorizing the Mayor and City Clerk to sign.
      Contessa Alexander, Development Services, provided an overview of the
      project. A representative, Kirk, from Fishbeck was also in attendance to
      answer questions from Commission. Jake Eckholm, Development
      Services Director answered Commissioners questions and provided
      clarification.
      PUBLIC HEARING COMMENCED:
      Lea Markowski, suggested adding evergreens when possible and
      consider what it looks like from the street.
      Action No. 2023-56 (a)
      Motion by: Commissioner St.Clair
      Second by: Commissioner Ramsey
      To close the public hearing and to approve the resolution for the
      Brownfield Plan Amendment, for The Meadows at Harbor 31 authorizing
      the Mayor and City 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)


8.b   2023 Consolidated Annual Action Plan - CNS
      The Annual Action Plan is available on our website for citizen review and
      comment period of 30 days from April 16 -May 16, 2023. A public Hearing
      is another opportunity to comment about the Federal CDBG and HOME

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             program activities performed during the fiscal year 2023 (July 1, 2023 -
             June 30, 2024). Click on the link to view the Annual Action Plan
             https://muskegon-mi.gov/2023-annual-action-plan/
             STAFF RECOMMENDATION: To conduct a Public Hearing for the 2023
             Annual Action Plan review.
             Director Sharonda Carson provided an overview of the 2023 Annual
             Action Plan.
             PUBLIC HEARING COMMENCED:
             Mark Poletti called in and believes we need more plans to help homeless
             and possibly provide warming shelters.
             Diane Foster spoke about people who are working, single, and homeless
             and need our help - and suggested we should be considering providing
             shelter and possibly rehabilitating a school to meet this need.
             Patsy Petty called in and wants to help spread the word about the
             programs available through Community and Neighborhood Services and
             also asked if there was money for new construction for low income
             housing.
             Mr. Jenkins commented on the fact that CDBG funds are paying for the
             Fire Department Bond and wants to see the money used differently and
             wonders how it got into the CDBG.
             Action No. 2023-56 (b)
             Motion by: Commissioner Ramsey
             Second by: Commissioner St.Clair
             To close the public hearing.
             Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
             Ramsey, and Commissioner Emory
                                                             MOTION PASSES (7 to 0)


9.    Unfinished Business
10.   New Business
      10.a   Parkland Marina Development Agreement Amendment - City
             Manager

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This Amendment to the Parkland Marina Agreement seeks to make clear
what public access will look like once Parkland Marina has developed the
property. The amendment also further defines how public access will be
maintained and what type of activities are allowed on the pier. This
language has also been updated following the Commission work session
discussion on Monday, April 10.
In early 2021 the City took action to sell a parking lot adjacent to Terrace
Point Marina. The parking lot was encumbered by an easement which
gave the easement holder (the owner of Terrace Point Marina) extensive
rights over the property including the ability move drives and access and
no structures could be built by the City without the permission of the
adjacent property owner/easement holder. Parkland approached the City
to purchase the property so they could develop the area with the
understanding that public access would be maintained. This would have
the additional benefit of creating additional taxable value for the City.
Earlier this year the City Commission requested staff work to get better
detail on what public access would be at the pier following development by
Parkland Marina LLC. The updated Amendment to the Development
Agreement defines the following:
- Provides handicapped Parking near the Terrace Point Marina
Clubhouse
- Provides two access points for pedestrians (see purple paths on the
map in Exhibit A)
- Allows for fishing in dedicated areas
- Allows wagons/strollers on pier, allows bikes along the southerly
access point
- Parkland agrees to make $250,000 worth of improvements to public
access
- With the approval of the amendment, Parkland immediately grants the
public the right and a license to use the area in the same way as the
former agreement.
- Parkland may only close public access for up to 30 days during
construction to provide for construction of its improvements (this may be
extended with the permission of the City Manager)
- A site plan (Exhibit A) of the final layout with public access noted is
also included.
STAFF RECOMMENDATION: To approve the First Amendment to the
Development Agreement between the City of Muskegon and Parkland
Marina LLC and authorize the Mayor and Clerk to sign.


                             14
     Action No. 2023-57 (a)
     Motion by: Commissioner St.Clair
     Second by: Commissioner Ramsey
     To approve the First Amendment to the Development Agreement between
     the City of Muskegon and Parkland Marina LLC and authorize the Mayor
     and Clerk to sign.
      Ayes: (2): Commissioner Ramsey, and Commissioner Emory
      Nays: (5): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Hood, and Vice Mayor German
                                                       MOTION FAILS (2 to 5)


     Amendment:
     Motion by: Commissioner Ramsey
     Second by: Commissioner Hood
     To call the question.
      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 Lumberjacks Renovations to Trinity Health Arena - Arena
     Seek approval to develop conceptual designs, establish a project budget
     and complete a feasibility study to construct new team space at Trinity
     Health Arena. In exchange, the Lumberjacks would like to add two
     additional renewal options to Lumberjacks Shared Use Agreement.
     Muskegon Lumberjacks Organization LLC, parent company of the USHL’s
     Muskegon Lumberjacks, are seeking approval to construct a second story
     office suite above their existing players’ lounge and coaches’ offices with
     access to and a presence on the arena concourse. The proposed space
     would be built into the necessary locker room and supporting medical
     space to provide the Lumberjacks the best amenities and continued
     success in player recruitment. All construction would be fully funded by
     the Muskegon Lumberjacks Organization LLC. Due to the nature of the
     cost to build, the Muskegon Lumberjacks Organization LLC is requesting 2


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       additional 5yr renewal options added to their shared use agreement.
       Attached is the proposed sixth amendment as well as a general concept of
       construction.
       STAFF RECOMMENDATION: To direct staff to continue working with the
       Lumberjacks regarding the exploration of the building renovation and
       amendment to the shared use agreement.
10.c   Ottawa Bridge SHPO Meeting - DPW
       The consultant working on the Ottawa Bridge removal project has asked
       that we share the findings by the State Historic Preservation Office
       (SHPO) with the public and seek feedback.
       The Ottawa Street bridge is part of an MDOT project that has bundled
       several locally-owned bridges that need to be removed. MDOT is leading
       the project and funding it, the City’s role is limited to providing information
       and guidance and approval of the final project details.
       MDOT’s consultant (AECOM) submitted for routine SHPO clearance, but
       was notified that the bridge is eligible for listing on the national register of
       historic places. As a result, SHPO determined that removal of the bridge
       would have an “adverse effect” on the bridge from a historic preservation
       perspective. Due to this finding, the City needs to receive feedback from
       the public.
       It’s important to remember that despite being eligible for listing on the
       historic register, that does not make an item intrinsically historic. The
       Ottawa bridge is not unique, nor has it attracted historic interest by the
       community. The bridge no longer serves a purpose – the park it leads to
       is accessible by a driveway from the other side of the river.
       Furthermore, the bridge is in extremely poor condition and has been
       closed for years. The bridge is being removed because it is beyond
       repair. Were the bridge to be listed and the City make efforts to save it the
       cost would be very significant, staff believes it would be unlikely to receive
       grant funding, and the bridge would, at best, serve as one of two
       entrances to a small park.
       For information and public comment only.
       Dan VanderHeide address the Commission regarding the Ottawa Bridge.
       PUBLIC COMMENT:



                                       16
     Lea Markowski - Muskegon Watershed says that people use Richards
     park alot - bridge is not ideal, don't discount the value of it as is.
     Diane Foster - Is adamant that there was previously money set aside to
     repair the Ottawa Street Bridge and that there are several users. She put
     in a disc golf course at Richards Park.
     Brian Clincy called in - he would like to see that people can get to
     Richards Park safely.
10.d FY24 CWSRF Project Plan Updates - DPW
     The City’s CWSRF Project Plan on file with the state for future revolving
     fund projects has been updated, and the City needs to receive comment
     and adopt the plan by resolution.
     The City has taken advantage of favorable rates and even some principal
     forgiveness as a part of the state’s Revolving Loan Fund programs to
     complete substantial utility improvement projects, such as the Sanford
     Street project currently underway. In order to be eligible for these
     programs, projects must be included in the City’s “Project Plan” that is on
     file with the state department of EGLE. The specific projects proposed for
     the program are not known at this time; this Project Plan is simply a list of
     projects the City may propose for the program in the future. The list is
     used by the state to perform preliminary environmental and other
     clearance work so they are prepared for the projects if and when the City
     proposes them.
     Prein & Newhof has updated our Clean Water State Revolving Fund
     (CWSRF) Project Plan (the plan dedicated to sanitary sewer projects) to
     show potential projects over the next several years. Part of the updating
     process includes holding a meeting where the public can comment on the
     plan (satisfied by today’s meeting and the public comment periods within
     it), and a resolution by the Commission adopting the plan. The resolution
     is attached.
     The Project Plan is included without appendices due to size. For the full
     version (385 pages, 55MB), please visit: DRAFT rep 2023-04-10 CWSRF
     Project Plan - Muskegon.pdf
     STAFF RECOMMENDATION: Adopt the City’s CWSRF Project Plan via
     the included resolution.
     Barbara Marczak with Prein & Newhof presented about the FY2024 Plan
     for Clean Water State Revolving Fund.

                                   17
       PUBLIC COMMENT PERIOD:
       Annie King, 675 Amity - had water brought from the street to the house
       and the water is not clear.
       Action No. 2023-57 (d)
       Motion by: Commissioner St.Clair
       Second by: Commissioner Gorman
       To adopt the City’s CWSRF Project Plan via the included resolution.
       Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
       St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
       Emory
       Absent (1): Commissioner Ramsey
                                                       MOTION PASSES (6 to 0)


10.e   Parking Lot Lease Agreement - Development Services
       With the construction of Lofts at 1021 Jefferson, the road diet on Terrace,
       and potential development at 122 W. Muskegon (McDonald’s Lot) there is
       no longer adequate parking for employees at City Hall without impacting
       citizen parking areas. Staff has identified a lease option for dedicated
       employee parking.
       Since 2019 it has been anticipated that development and infrastructure
       changes around City Hall would necessitate a permanent parking amenity
       for city staff. The previous parking lot on 1021 Jefferson was never widely
       used due to the mid-block crossing on Apple Avenue to access the
       building. After that was constructed, most staff have parked on the
       diagonal spaces installed on Terrace or in the closed down McDonald’s
       parking lot across the street. These options are no longer sustainable
       either, as Terrace parking is being reoriented with the road diet and our
       team is actively working on redevelopment options at the McDonald’s site.
       Additionally, our insurance company has requested that we procure
       dedicated employee parking that we have site control over to reduce
       liability.
       For about 18 months staff worked to negotiate a long-term lease for
       parking at the St. Mary’s Catholic Church parking lot on Webster, and
       unfortunately both the church and the city could not get the Archdiocese in
       Grand Rapids to be particularly responsive to the concept. This

                                    18
            arrangement would have been predicated on the city improving the
            parking lot substantially up front and then having a nominal lease payment
            moving forward.
            As we experienced difficulty dealing with the Archdiocese, we reached out
            to the owner of Anchor Insurance who has relocated into the former Fifth
            Third bank building at 877 Terrace. Mr. Jim Mines has already completely
            rehabbed the parking lot with resurfacing, lighting, striping, and
            landscaping so we would have a higher annual lease payment, but no
            capital project on the front end. Our annual payment will be $25,000 for
            the first five years for 52 spaces which equates to $1.32 per space/day.
            This is a competitive price for commercial leases for employee parking we
            have found in other markets, both for covered and uncovered lots. After
            the fifth year, annual rent inflation would be tied to the CPI with a cap of no
            more than 8% each year.
            AMOUNT REQUESTED: Lease value of $25,000 per year, escalated after
            year 5
            FUND OR ACCOUNT: 101, multiple
            STAFF RECOMMENDATION: To approve the lease for city parking at 877
            Terrace Street and authorize the mayor and clerk to sign.
            Action No. 2023-57 (e)
            Motion by: Commissioner Emory
            Second by: Commissioner St.Clair
            To approve the lease for city parking at 877 Terrace Street and authorize
            the mayor and clerk to sign.
            Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
            St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
            Emory
            Absent (1): Commissioner Ramsey
                                                              MOTION PASSES (6 to 0)


11.   Any Other Business
12.   Public Comment on Non-Agenda items
      Public comments were received.



                                           19
13.   Closed Session
14.   Adjournment
      The City Commission meeting adjourned at 10:56 p.m.
      Motion by: Commissioner St.Clair
      Second by: Commissioner Emory
                                                                MOTION PASSES




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




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