City Commission Minutes 05-09-2023

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                                 City of Muskegon
                             City Commission Meeting
                                      Minutes


                               May 9, 2023, 5:30 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

Present:              Mayor Ken Johnson
                      Commissioner Rachel Gorman
                      Commissioner Rebecca St.Clair
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory


Absent:               Commissioner Eric Hood


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.
2.    Prayer
      Vice Mayor Willie German, Jr. 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

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5.   Honors, Awards, and Presentations
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     2023-59
     Motion by: Vice Mayor German
     Second by: Commissioner Emory
     To accept the consent agenda as presented, minus item 7F and 7H.
     7.a   Approval of Minutes - City Clerk
           Approve the Minutes of the April 10, 2023 Worksession and the April 11,
           2023 Regular Meeting
           STAFF RECOMMENDATION: To approve the minutes.
     7.b   Muskegon Lighthouses Ownership - Development Services
           Staff has researched the process of transferring the two Muskegon
           lighthouses from the Michigan Lighthouse Conservancy to the City of
           Muskegon, the first phase of the south break wall lighthouse restoration
           and future city stewardship responsibilities and liabilities. Staff seeks City
           Commission support to pursue ownership of the lighthouses.
           Staff was at the March 2023 work session outlining the request of the
           Michigan Lighthouse Conservancy for the city to take over the ownership
           and stewardship of the two lighthouses in the Muskegon Harbor at Pere
           Marquette Park. Staff research and work with the MLC shows a Federal
           Lighthouse Preservation Act application to the National Park Service and
           a new 25-year lease with the U.S. Army Corps of Engineers would be
           needed. Federal approvals could take up to a year to secure. In the
           meantime, staff is working with the MLC leadership to begin the
           restoration of the south break wall lighthouse as transfer of ownership is
           pursued. Staff estimates that the annual maintenance of the two
           lighthouses would average $10,000 based upon other municipal
           lighthouse stewardships. Staff is exploring private, philanthropic revenue
           options including public donations through Pere Marquette parking kiosks
           and a lighthouse fund with the Community Foundation for Muskegon
           County. The community would need to develop a Friends of the
           Lighthouses support group to assist with future lighthouse tours,


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      programing, gift shop and fundraising. The city has a 10 percent
      administrative fee ($80,000) in a $800,000 state lighthouse restoration
      grant to cover costs of the lighthouses transfer of ownership.
      AMOUNT REQUESTED: Remainder of funds will be privately raised.
      AMOUNT BUDGETED: $800,000 (first $400,000 received) in a MEDC
      lighthouse restoration grant.
      STAFF RECOMMENDATION: To formally endorse the South Breakwater
      Light Acquisition Project due diligence process, and to direct staff to return
      to the City Commission for final approval of purchase.
7.c   Sale of 909 Washington Avenue - Planning
      Staff is seeking authorization to sell the City owned vacant lot at 909
      Washington Avenue to Aleschia Loughridge.
      Ms. Loughridge would like to purchase the City owned buildable lot at 909
      Washington Ave. for $3,675 (75% of the True Cash Value of $4,900) plus
      half of the closing costs and the fee to register the deed. Ms. Loughridge
      will be constructing a single-family home on the property.
      STAFF RECOMMENDATION: To authorize the Code Coordinator to
      complete the sale of 909 Washington Ave., as described in the attached
      purchase agreement and to have the Mayor and Clerk sign the purchase
      agreement and the deed.
7.d   Gaming Resolution - City Clerk
      Muskegon Pride is requesting Recognition as a non-profit in the City of
      Muskegon for the purpose of obtaining charitable gaming licenses for
      raffles to raise money.
      STAFF RECOMMENDATION: To approve the request from Muskegon
      Price to be recognized as a non-profit operating in the City of Muskegon
      for the purpose of obtaining a charitable gaming license.
7.e   Electric Demand Response Agreements - DPW
      Consumers Energy has provided contracts for the water filtration plant,
      City Hall, and the Central Fire Station that allows them to suspend
      electrical service under certain peak conditions at which time these
      facilities would operate under generator power.
      Consumers Energy would retain the right to suspend electrical service to
      the Water Filtration Plant, City Hall, and Central Fire Station under certain

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      peak conditions. These occurrences are limited to five (5) occurrences
      annually each not to exceed 4 hours. Consumers Energy will compensate
      the City for enrollment in this program. Staff has reviewed the contract
      and confirmed generator capacity to ensure compliance with the
      agreement. Staff is recommending the 2 year option, which includes a
      combined annual payment in the amount of up to $20,000 in year one of
      the agreement, and up to $22,500 in year two.
      STAFF RECOMMENDATION: To authorize staff to enter into agreements
      with Consumers Energy for Demand Response at the Water Filter Plant,
      City Hall and Central Fire Station for a period of 2 years.
7.g   Police Vehicle Purchase - DPW
      Equipment Division scheduled public safety vehicle replacement. The
      Equipment Division is seeking permission to purchase 3 new police
      cruisers. This purchase will be through Berger Chevrolet the Mi-Deal State
      contract holder. These vehicles will replace cruisers coming out of service.
      Purchase will include (3) 2023 Chevrolet Tahoe Police cruisers for a total
      of $119,958.00. The car prices came out slightly higher than the budgeted
      amount as shown below, but to be able to order the cars at the MiDeal
      pricing in this difficult supply environment is crucial and staff recommends
      we proceed.
      AMOUNT REQUESTED: $119,968.00
      AMOUNT BUDGETED: $117,000.00
      FUND OR ACCOUNT: Equipment Fund 661-563-978
      STAFF RECOMMENDATION: To authorize staff to proceed with purchase
      of three 2023 Chevrolet Tahoe Police Cruisers.
7.i   Social District Permit Recommendation - Rake Beer Project, LLC -
      City Manager
      The City Commission must recommend approval of the Michigan Liquor
      Control Commission permits of participating licensed establishments in the
      Downtown Muskegon Social District. With the establishment of the
      Downtown Muskegon Social District, participating licensed establishments
      must receive a Social District permit from the Michigan Liquor Control
      Commission. The MLCC must first receive a recommendation for approval
      from the City Commission before granting the permits. Rake Beer Project
      LLC has been a social district participating licensed establishment at its
      former location at 794 Pine Street. With the move to 800 W. Western

                                    4
      Avenue, Suite 200, Rake must receive a new social district permit with its
      new MLCC license for that location.
      STAFF RECOMMENDATION: To approve the resolution recommending
      Michigan Liquor Control Commission approval of Social District permit in
      the Downtown Muskegon Social District for Rake Beer Project LLC and to
      direct the City Clerk to certify the City Commission action with the MLCC.
7.j   Community Relations Committee Recommendations - City Clerk
      To concur with the CRC recommendations on the following removals,
      appointments, and amendments to meeting frequency on the CDC-CDBG.
      The CRC recommends:
      Removals and Appointments:
      - Removing Ron Hayward – Neighborhood Association Member – Term
      Expiring 1/31/2025 from the Citizen’s Police Review Board.
      - Appointing Faye Redmond – Citizen At-Large – Term Expiring
      1/31/2025 to the Citizen’s Police Review Board
      - Appointing Faye Redmond – Citizen/Interest in District – Term Expiring
      1/31/2027 to the Local Development Finance Authority
      CDC-CDBG Meeting Frequency Amendment:
      - Amend the meeting frequency for the CDC-CDBG from monthly to four
      times per year.
      STAFF RECOMMENDATION: To concur with the recommendation of the
      CRC to make the above appointments, removals, and amendments to
      meeting frequencies.
7.k   Community Relations Committee Recommendation for Ordinance -
      City Clerk
      To concur with the CRC recommendations to approve the ordinance and
      establish the Parks & Recreation Advisory Committee.
      The Community Relations Committee recommends approval of the Parks
      & Recreation Advisory Committee. The CRC also recommends that the
      Commissioner serving on the Parks & Recreation Advisory Committee
      serve as the Committee’s Chairperson.
      STAFF RECOMMENDATION: To concur with the CRC recommendations
      to approve the ordinance and establish the Parks & Recreation Advisory
      Committee. SECOND READING REQUIRED



                                    5
2023-60
7.f   New Year's Eve Ball Drop - DPW
      Lakeshore Legacy Project is proposing a New Year’s Eve Ball Drop on
      Western Ave. Since the noise ordinance would be broken after 11 pm,
      commission approval is required.
      Lakeshore Legacy Project applied to have a special event on New Years
      Eve. The event would begin at 8 pm and includes a stage with a few DJs
      until midnight. At midnight there will be a ball drop and a one-minute
      firework display. The event would end before 12:30 am.
      STAFF RECOMMENDATION: To approve the Lakeshore Legacy
      Project’s New Year’s Eve ball drop event.
      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To approve the Lakeshore Legacy Project's New Year's Eve ball drop
      event.
      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.h   ARPA Community Grant Review Committee-Manager's Office
      Members of the City’s ARPA Community Grant Review Committee have
      been identified and approval for the formalization of the committee is
      being requested. On February 14th, 2023 the City Commission authorized
      the dedication of $1.6M from the City’s remaining allocation of American
      Rescue Plan Act (ARPA) federal stimulus funds for the creation of a city-
      sponsored ARPA Community Grant program. https://muskegon-
      mi.gov/cresources/ARP-001-Grant-Application-Program-
      Guidelines.2.16.pdf
      An ARPA Community Grant Review Committee has been established to
      review eligible applications and submit recommendations to the
      Commission. The Commission will review and make funding decisions at
      a Regular Committee Meeting in June.
      The Review Committee is comprised of (6) members: one representative

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             from each of the (4) City Commission Wards, the City Manager and the
             Director of the Community and Neighborhood Services Department. Two
             representative(s) from local Community Based Organizations will be
             included to act in an advisory capacity.
             Ward 1 – Lawrence Baker / Ward 2 – Leon Howard / Ward 3 – Jennifer
             Sanocki / Ward 4 – Nina Leask
             STAFF RECOMMENDATION: To approve the proposed representatives
             from each of the (4) City Committee Wards as part of the ARPA
             Community Grant Review Committee.
             Motion by: Commissioner Ramsey
             Second by: Commissioner St.Clair
             To approve the proposed representatives from each of the (4) City
             Committee Wards as part of the ARPA Community Grant Review
             Committee.
             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)


8.    Public Hearings
9.    Unfinished Business
10.   New Business
11.   Any Other Business
      11.a   Update from Community Engagement Manager
             There will be Short Term Rental engagement meetings taking place in
             different locations in the city the week of May 15, 2023. Information
             regarding these meetings is available on our website by using the link in
             the Connect Muskegon banner at the top of any page.
             Meetings will also be held to discuss Housing Needs Assessment in
             different neighborhoods, more information is available through the
             Connect Muskegon link on the city's website.
12.   Public Comment on Non-Agenda items


                                           7
      Public comments were received.
13.   Closed Session
14.   Adjournment
      The City Commission meeting adjourned at 5:53 p.m.
      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To adjourn.
                                                               MOTION PASSES




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




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