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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 8, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
REMOTE MEETING
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, September, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson (arrived at 5:34 p.m.), Dan Rinsema-Sybenga, Willie German, Jr.,
Michael Ramsey, and Teresa Emory, City Manager Frank Peterson, City Attorney
John Schrier, and City Clerk Ann Meisch.
2020-61 HONORS, AWARDS, AND PRESENTATIONS:
A. Big Red Development Proposal - Presentation Development Services
Staff is present a development proposal to construct single and multi-family
housing for rent and purchase in three urban core neighborhoods. A subsequent
proposal will include a mixed-use development at Angell School.
The initial proposal includes the sale of 55 lots scattered throughout the Angell,
Jackson Hill, and McLaughlin neighborhoods with the goal of increasing to at
least 100 lots. Homes will be offered for rent or for sale, depending on what the
market will bear and will be priced for working class singles and families in the
80-120% area medial income level. Some properties will include new
construction while others will include renovation of existing structures. The
developers are interested in partnering with the local business community to
manage and service the properties.
The developers are requesting that each property be sold for $1 and that water
and sewer connection fees be covered by the city. To protect their investment,
the developers are also requesting first right of refusal on additional lots and
homes that the city acquires within ½ mile of their current investments.
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PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2020-62 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 25, 2020 regular
City Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To accept the appointment of Sherri Black to the
Downtown Development Authority as a Citizen.
STAFF RECOMMENDATION: To concur with the recommendation of the
Community Relations Committee and approve the appointment.
C. Purchase Agreement 580 Catherine Ave City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into the
attached purchase agreement.
580 Catherine was donated to the city from the family of a deceased resident.
Our team rehabbed the home as part of our commitment to create affordable
quality home ownership opportunities in the city’s neighborhoods. All cost
associated with closing the estate and rehabbing the home totaled $95,000. The
sale price is $100,000, with the city contributing $4,000 toward closing costs. The
gam that exists will be recouped as part of the scattered site brownfield housing
program. The gap for this home is our smallest yet – less that 7% - while the sale
price is also the lowest yet.
STAFF RECOMMENDATION: Authorize the City Manager to sign the purchase
agreement and complete the sale.
D. Purchase Agreement 271 Merrill Ave City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 271 Merrill to Paul Reichle.
The city constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $197,464. We also anticipated
$11,844 in sales commissions. The accepted purchase price is $188,000. The City
will also construct a wooden stockade fence in the rear of the home at a cost of
approximately $5,000. The total amount requiring brownfield gap financing will
be approximately $14,500. The 7.3% gap is larger than the 3.5% gap from the
sale of 395 Houston, but still significantly smaller than the gap anticipated in the
Brownfield Plan, and also significantly smaller than the gap in the initial phase of
the in-fill project (Midtown Square).
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
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of 271 Merrill Avenue, as described in the purchase agreement.
E. Reeths Puffer Hockey Lease City Manager
SUMMARY OF REQUEST: Staff is seeking approval to amend the shared use
agreement with Reeths Puffer’s varsity hockey team as presented.
The agreement extends the relationship with RP Hockey through the 2024-25
season and cleans up some items from the original lease. The lease rate will be
paid in two payments, totaling $26,000 in year 1, and rising slightly in subsequent
years.
STAFF RECOMMENDATION: Approve the change order.
G. Arena Rent Reduction City Manager
SUMMARY OF REQUEST: Staff is seeking approval to eliminate 5 months of rent
for all arena lease holders, with the exception of Rad Dad’s.
Indoor sporting events have yet to officially resume in the State of Michigan. We
are in a position to make concessions for teams’ upcoming seasons, but we still
do need commission action to properly deal with accrued but unpaid rent. Staff
is looking for blanket approval to eliminate any rental obligations for its major
sports teams (Risers, Ironmen, and Lumberjacks) for 5 months retroactively. This
should put all three teams in a position to compete under modified agreements
during the 2020-21 season. Note that there is no amount requested below, as
much of this has been accounted for in the original budget projections.
STAFF RECOMMENDATION: Approve the change order.
H. Arena Social Distancing Investments City Manager
SUMMARY OF REQUEST: Staff is seeking approval to complete the social
distancing improvements at the Mercy Health Arena at a cost not to exceed
$25,000.
As part of the COVID-19 response at the arena, there is significant to provide
space for players – specifically youth players – to social distance while off the
ice. Typically, we have four general locker rooms available for players. Each
team would use one. This allow two teams to be on the ice together, and two
more to prepare for their game(s). The cycle continues throughout the
day/season. New distancing standards at the arena will require teams to spread
out into two locker rooms. The result would be that all 4 locker rooms would be
use by the two teams on the ice, and no locker rooms would be available for
the two teams playing afterward until the on-ice teams return to their locker
room, undress, vacate the room, and the arena staff cleans. We believe this will
cost the arena approximately 60 minutes of down time for every change over.
We collect on average $285 per hour of ice rental. The down time would cost the
arena 16-20 hours of ice rental each week. Over the course of a 30-week
season, this could cost us as much at $170,000. Staff is recommending that we
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spend some money expanding the rubber matting down the vacant tunnel into
the former storage area. The large storage area can accommodate two full
teams at one time. We have put together a simple budget for rubber mats at
$4,500 for supplies and $500 for installation. Also paint at $1,500 and erection of
a dividing wall at $2,500. There will also be a small amount of asbestos removal
estimated at $3,000, and we anticipate need for some benches or chairs at
$3,500 total. We will also have expenses for a storage container at $7,000. We
will undertake the project mostly internally, and only use outside contractors as
needing. We are asking for $22,500 plus $2,500 for contingencies.
AMOUNT REQUESTED: $25,000
AMOUNT BUDGETED: $0
FUND OR ACCOUNT: Arena Fund
STAFF RECOMMENDATION: Authorize the city manager to expend up to
$25,000 to meet social distancing needs at the arena, with the funds to be drawn
from GL Number 254-93015-5300.
I. Second Floor Window Coverings City Manager
SUMMARY OF REQUEST: As part of the renovation efforts, a number of window
seals will b replaced. Additionally, it was determined that a number of window
treatments need replacement. Staff is asking to replace window treatments on
52 windows in the remodeled area.
The windows are original to the 1960s construction. The window coverings are
original to the 1990s remodel. In an effort to improve functionality and energy
efficiency, staff is recommending that the 30+year old mini-blind system be
replaced with insulated light-filtering cellular blinds. The coverings for 52
windows will cost approximately $4,100. We also received pricing from two other
competitors for similar products; $6,000 and $8,500.
AMOUNT REQUESTED: $4,100
AMOUNT BUDGETED: $0
STAFF RECOMMENDATION: Approve the purchase.
J. City Hall Lighting City Manger
SUMMARY OF REQUEST: Staff is seeking approval to complete the lighting
upgrade at city hall.
As part of the recent second floor renovation efforts, all of the light fixtures in the
renovated area were upgraded to LED. The workspace is visibly different, with
the new lighted areas far-better-lit than the older areas. Staff has spoken to the
electrician from the remodel, and they have quoted the same cost per fixture to
expand the project to the remaining areas of city hall. The cost is approximately
$150 per fixture. This includes the removal/disposal of old fixtures and the
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purchase/installation of the new fixtures, as well as miscellaneous costs
(permitting, egress lighting, etc.). The new lights will utilize 40 watts per fixture vs
the current 96 watts per fixture. Staff has estimated the ROI at 66 months. We are
requesting enough funding to complete the remaining fixtures on the second
floor, plus 5% contingency. 66 fixtures x $150 + $9,900 plus 5% contingency +
$10,395. We are seeking to move forward with this contractor as they were
already the low bidder on the remodel project and expect that they would
continue to be the low bidder on the change order
AMOUNT REQUESTED: $10,395
AMOUNT BUDGETED: $0
FUND OR ACCOUNT: General Fund
STAFF RECOMMENDATION: Authorize the city manager to expend up to
$10,395 with Newton Electric to replace existing light fixtures on the second floor
of city hall, with the funds to be drawn from General Fund GL Number 101-60265-
5300.
K. Muskegon Historic District Commission Certified Local Government
Application Planning
SUMMARY OF REQUEST: Staff is requesting to apply for participation in the
Michigan State Historic Preservations Office’s (SHPO) Certified Local Government
(CLG) program.
The CLG program is a preservation partnership between the City of Muskegon,
SHPO, and the National Park Service focused on promoting historic preservation
at the local level. Once certified as a CLG, the City will gain special access to
technical assistance and historic rehabilitation grant opportunities. There is no
application fee or membership dues for the program and the City is already
meeting most of the program’s requirements. The Historic District Commission
recommended approval of the request at their September 1, 2020 meeting.
STAFF RECOMMENDATION: To apply for the Michigan State Historic
Preservation Office’s Certified Local Government program and for the Mayor to
sign the application cover letter.
M. Jefferson & Strong Change Order #001 Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to approve Change Order
#001 to the sewer project work on Jefferson and Strong Streets.
Staff requested pricing from the Contractor to complete additional work on the
project. The additional work included milling and resurfacing an additional
block of 3rd Street between Merrill and Mason. The resurfacing of this additional
block allowed for a continuous new pavement surface on 3rd/Strong from
Muskegon Avenue to Peck. Without the addition one block of 3rd Street would
have remained with old pavement upon completion of the project. The original
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project budgets carried a 6% contingency. This addition will utilize $49,192.20 of
the original contingency ($71,908.31). The project is nearing completion with
only minor changes anticipated that are not anticipated to exceed the
remaining budgeted contingency. As such, there will be no adjustment required
in the reforecasting related to this change order. Staff and the Project Engineer
(Prein & Newhof) have reviewed the change order and are supportive.
AMOUNT REQUESTED: $0 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 590/591-91856
STAFF RECOMMENDATION: Authorize staff to approve Change Order #001 to
the Jefferson-Strong Sewer Project with Jackson-Merkey Contractors in the
amount of $49,192.20.
N. DPW Laborer Position Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to create three new full-
time positions within the Department of Public Works under the Laborer
classification and to begin the process to fill those position.
DPW has consistently experienced difficulty in filling the current full-time skilled
positions as they contain barriers to employment that do not offer a path for an
entry level applicant to hire in and learn the field. Most all of our positions require
a CDL, or state license upon hiring that can limit our pool of available applicants
and disqualify an otherwise good candidate from being eligible.
To try and address that issue staff has recently updated the Laborer position
description which eliminates many of the more difficult prerequisites to be
considered eligible for employment. Applicants will have the opportunity to
learn the DPW field, receive training, and become credentialed while employed
and eventually become eligible candidates for our harder to fill vacancies as
they become available. Laborers would be full time limited term employees
working within our current SEIU Unit 2 Contract. The position and pay scale
already exists within the union contract though it has not been utilized for some
time.
Staff is proposing to hire three (3) Laborers for DPW. Two (2) would have their
home account within the water fund (590) and one would have their home
account within the Major Streets Fund (202).
The new positions would be largely funded through the recently added Lead
Service Line fee that was approved for water bills. The fee anticipates revenue of
approximately $750K per year to be used towards replacement of lead service
lines within the city, with the goal to replace 200-300 per year. By adding the
additional staff, we anticipate being able to complete a larger number of lead
service replacements with in-house staff as opposed to contracting for the work,
while also creating a succession plan for our skilled positions at DPW.
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AMOUNT REQUESTED: Approximately $110,000 (20-21)
$17.67/hour x 2,080 hours x 1.35 (Markup) x 3 EA x 0.75
(Partial Year) = $111,639.06
(Will be ~ $150,000 in a full FY)
AMOUNT BUDGETED: $0 – To be added at future reforecast and will be offset
by reduction in 591 Capital line item for “Water Service
Replacement Unassigned”
FUND OR ACCOUNT: 591-60559 & 202-60440
STAFF RECOMMENDATION: Authorize staff to create three (3) full time limited
term Laborer positions within the Department of Public
Works and begin the process of filling the positions.
O. Lakeshore Trail Repairs Public Works
SUMMARY OF REQUEST: Authorize the award of SP 92012 Lakeshore Trail Repairs
including Alternate #001 to the low bidder, Jackson Merkey Contracting.
Staff solicited bids for repairs to the Lakeshore Trail bike path and shoreline
restoration and protections. The bike path was damaged due to high water
events and storms in the fall of 2019, between Lakeshore Court and Ruddiman
Creek.
Bids received are as follows:
• $233,853.000 – Jackson Merkey alternate #1 $10,860.00
• $261,844.00 – Accurate Excavators alternate #1 $12,000.00
• $289,783.00 – Wadel Stabilization alternate #1 $38,000.00
• $296,006.00 – Anlaan Corporation alternate #1 $30,400.00
• $325,280.00 – Hallack Contracting alternate #1 – no bid
The project would be construed in the Fall of 2020 and Spring of 2021 as needed.
The project is still pending receipt of the necessary MDEGLE and USACE permits
which are still outstanding. Permits have been applied for and are in process. A
notice to proceed will not be issued and work cannot begin until the necessary
permits are obtained.
Also recommend the acceptance of Alternate #1 in the amount of $10,860.00
AMOUNT REQUESTED: $244,443.00
AMOUNT BUDGETED: $250,000
FUND OR ACCOUNT: 202-92012
STAFF RECOMMENDATION: Approve the award of the SP 92012 Lakeshore
Trail Repairs including Alternate #001 to the low bidder, Jackson Merkey
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Contracting.
P. Mausoleum Repairs Public Works
SUMMARY OF REQUEST: Authorize the award for the Mausoleum Wall Restoration
including Option #001 to the low bidder, Midwest Building Maintenance.
Staff solicited bids for repairs to the mausoleum at Evergreen Cemetery. Work
includes repairs to spalled limestone, tuck pointing, window caulking, and
moisture barrier sealant on entire building. Option #001 includes repairs to the
limestone front steps.
Bids received are as follows:
• $29,508.00 – Midwest Building Maintenance Option #001 - $750.00
• $36,750.00 – Kent Companies Option #001 - $575.00
• $97,600.00 – Bornor Restoration Option #001 - $4,200.00
• $120,869.00 – RAM Services Option #001 - $4,300.00
The project would be constructed in the Fall of 2020.
Project will require adjustment in a future reforecast with funding being drawn
from the Cemetery Perpetual care Fund to cover the capital project costs.
AMOUNT REQUESTED: $30,258.00
AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Approve the award of the Mausoleum Wall
Restoration contract including Option #001 to the low bidder, Midwest Building
Maintenance in the amount of $30,258.00.
R. MERS Supplemental Contribution Finance
SUMMARY OF REQUEST: The MERS Defined Benefit amount that was expensed
each pay period based on the wages of current Defined Benefit employees was
over expensed for the fiscal year FY2019-20 by $89,670.86. Staff is requesting
authorization to make a supplemental payment to MERS for $89,670.86.
Each fiscal year based on our required annual contribution to MERS for our
Defined Benefit Group Finance calculates a percent of wages to be expensed to
MERS contribution for each employee division each pay. This year, as in several
years in the past, the amount expensed exceeded our required contribution by
$89,670.86.
The city can always contribute more than the minimum required contribution
and by doing so will earn additional investment income and may lower future
contribution requirements. Staff is recommend making a supplemental payment
to MERS for $89,670.86.
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AMOUNT BUDGETED: N/A expensed in FY 19-20
STAFF RECOMMENDATION: To authorize staff to make a supplemental
payment to MERS for $89,670.86.
T. Social District Permit Recommendations Economic Development
SUMMARY OF REQUEST: 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. You handled
the initial five such requests at your August 25, 2020 meeting. The attached
resolution includes Burl & Sprig, Nipote’s, and Rake Beer Project which are also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the City
Commission action with the MLCC.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to approve the consent agenda as presented, except item F, L, Q, and S.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
2020-63 REMOVED FROM CONSENT AGENDA:
F. Arena Marquee Change Order 1 City Manager
SUMMARY OF REQUEST: City Commission originally approve the marquee
replacement in conjunction with the failure of the LED Marquee. Staff is seeking
approval of change order #1 to add an additional $19,875.98 to the project cost.
City Commission originally approve the marquee replacement in response to
the failure of the 20+ year old LED marquee. We received four bids and
accepted the lowest bid from Vizidef for $65,888. The next lowest bidder was
Advanced Signs at $86,616. As we worked through the process, we decided to
adjust the marquee to also advertise the new convention center – this was done
to limit the number of signs on Shoreline Drive. Additionally, we learned that
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there would be some structural changes of the site to accommodate the
new/heavier sign. The additional $19,875.98 will be shared with the convention
center project. The new total project cost of $85,763.98 is still lower than the
second lowest bidder’s original bid from the January 14, 2020 City Commission
meeting. Construction is taking place the week of Labor Day, and likely will be
underway by the time the Commission formally approves this request.
STAFF RECOMMENDATION: Approve the change order.
Motion by Commissioner Emory second by Commissioner Rinsema-Sybenga to
approve the change order.
ROLL VOTE: Ayes: Ramsey, Rinsema-Sybenga, Emory, Johnson, Gawron, and
Hood
Nays: German
MOTION PASSES
L. Edgewater Street Engineering Study Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to hire Ramboll to
complete an engineering study related to Edgewater Street. The study would be
used to determine the best options moving forward as it relates to addressing the
persistent flooding that has plagued that area as a result of the high water levels
within the Great Lakes.
Staff solicited proposals from three firms to complete the work. Two responded
with proposals and after review of the proposals staff is recommending the
Ramboll proposal based on their previous work on shoreline restoration projects
in the area and the familiarity with the specific needs of this site. The Engineering
study was not included in the proposed 20-21 budget and will need to be added
via a future reforecast to the Local Streets Fund (203). Michigan Transportation
Fund (MTF) revenue projections have increased since the original drafting of the
20-21 budget and this expense is expected to be offset by increased revenue.
AMOUNT REQUESTED: $15,300
AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 203
STAFF RECOMMENDATION: Authorize staff to hire Ramboll to complete an
engineering study related to the persistent flooding on Edgewater Street.
Motion by Commissioner Emory second by Commissioner Johnson to authorize
staff to hire Ramboll to complete and engineering study related to the persistent
flooding on Edgewater Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
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Nays: None
MOTION PASSES
Q. Citizens Participation Plan (CPP) Amendment Community &
Neighborhood Services
SUMMARY OF REQUEST: The CARES Act (Coronavirus Aid, Relief, and Economic
Security Act) promotes the amendments to our CPP’s comment period. These
changes expedite procedures to provide reasonable notification and access for
citizen of no less than 5 days.
Changes are highlighted on the attachment.
STAFF RECOMMENDATION: To approve the amendments made to the CPP.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to authorize staff to hire Ramboll to complete and engineering study related to
the persistent flooding on Edgewater Street.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, Emory
Nays: None
MOTION PASSES
S. Resolution Authorizing Issuance of 2020 Capital Improvement Bonds
Finance
SUMMMARY OF REQUEST:To approve the Resolution Authorizing Issuance of 2020
Capital Improvement Bonds not to exceed $8,000,000.
The 2020 Capital Improvement Bonds are being issued for additions and
improvements to the Muskegon Central Dispatch 9-1-1 facility and fire station,
Hartshorn Marina including new docks, clubhouse and pool, Hartshorn Village
including water, sewer and road improvements, to acquire police department
body camera equipment and the refinancing of existing financing for a new roof
and heating, ventilation and cooling improvements to Mercy Health Arena not
to exceed $8,000,000.
Motion by Commissioner Johnson second by Commissioner Ramsey, to approve
the Resolution Authorizing Issuance of 2020 Capital Improvement Bonds not to
exceed $8,000,000.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-64 PUBLIC HEARINGS:
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A. Business Improvement District (BID) Public Hearing Economic
Development
SUMMARY OF REQUEST: A public hearing has been scheduled to receive
comment on a proposed three-year renewal of the Downtown Muskegon
Business Improvement District special assessments through a resolution
establishing the district, rates and budget for 2021-2023.
The Muskegon City Commission has approved the Downtown Muskegon
Business Improvement District three times since 2016 to enhance the public
services in the central business district. The current three-year BID special
assessment expires December 31, 2020. The BID Board recommends a three-
year renewal of the BID with a reduced district footprint, the same special
assessment rates providing a reduced budget that would focus work on summer
landscaping and winter sidewalk snow removal. The proposed BID would
generate approximately $113,000 in special assessment revenues each year to
be collected on the winter tax bills. Class A properties, the commercial
properties involved in downtown activities and business, would be assessed
$0.08 per square foot of land with a cap of $4,000. Class B properties, those
zoned for industry and manufacturing, would be assessed $0.04 per square foot
of land with a cap of $2,000. Staff will track the number of objections and the
percentage of the assessment for the objecting properties. After hearing public
comment, the attached resolution would establish the district, rate, budget and
appoint two commissioners to the Board of Assessors. The special assessment roll
also is attached and would be subject to a second public hearing before the
Muskegon City Commission in October if the district is created.
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution to create a Downtown Muskegon Business Improvement District,
special assessment rate and budget for 2021, 2022, and 2023, additionally
naming two commissioners to the Board of Assessors.
PUBLIC HEARING COMMENCED:
The following comments were received at the meeting via Zoom:
Diane Foster, 135 Ottawa – asked where BID (boundaries) is.
Motion by Vice Mayor Hood second by Commissioner Rinsema-Sybenga, to
close the public hearing and approve the resolution to create a Downtown
Muskegon Business Improvement District, special assessment rate and budget
for 2021, 2022, and 2023, additionally naming two commissioners to the Board of
Assessors.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
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MOTION PASSES
2020-65 UNFINISHED BUSINESS:
A. Amendment to Zoning Ordinance – Marihuana Overlay District Planning
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2331 of the
zoning ordinance to include Districts 4 and 5, excluding 863 and 885 E. Apple.,
into the marihuana facilities overlay district.
Second reading that includes the approval of Districts 4 and 5, excluding 963
and 885 E. Apple, because of a typo on the first reading.
Staff will also be recommending a first hearing on expanding the district to
include the proper addresses of 863 and 885 E. Apple.
STAFF RECOMMENDATION: To approve the request to amend Section 2331 of
the zoning ordinance to expand the marihuana facilities overlay district to
include districts 4 and 5 as presented, excluding 863 and 885 E. Apple.
Motion by Commissioner Johnson second by Commissioner Emory to amend
Section 2331 of the zoning ordinance to expand the marihuana facilities overlay
district to include 796 E. Apple for provisioning and retail uses, 981 S. Getty Street
for growing and processing uses, and 935 S. Getty Street for provisioning and
retail uses.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, and Hood
Nays: Ramsey and Emory
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood to
amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to include 623 W. Clay for Microbusiness uses, 639 W. Clay for
Microbusiness uses, and 920 Washington for provisioning and retail uses – third
floor or higher.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Gawron, and Hood
Nays: Emory, Johnson, and Ramsey
MOTION PASSES
B. Amendment to Zoning Ordinance – Marihuana Overlay District
Planning
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the
zoning ordinance to include 863 and 885 E. Apple Avenue into the marihuana
facilities overlay district.
First reading that includes adding 863 and 885 E. Apple into the marihuana
facilities overlay district. These addresses were left out of the second reading of
the first request because of a typo that listed them as being on Laketon Avenue
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instead of Apple Avenue.
STAFF RECOMMENDATION: To approve the request to amend Section 2331 of
the zoning ordinance to include 863 and 885 E. Apple Avenue into the
marihuana facilities overly district.
Motion by Commissioner Rinsema-Sybenga second by Commissioner German
to amend Section 2331 of the zoning ordinance to expand the marihuana
facilities overlay district to include 863 and 885 E Apple for provisioning, retail,
and microbusiness use.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, Hood, and German
Nays: Emory, Johnson, and Ramsey
MOTION PASSES
2020-66 ANY OTHER BUSINESS:
Mayor, Stephen J. Gawron, suggested a Legislative Meeting to further discuss
the Gift Card Program communication from the City Attorney. The Legislative
Policy meeting to be held September 23, 2020 at 5:30 p.m.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
Commissioner German left at 9:40 p.m.
ADJOURNMENT: The City Commission meeting adjourned 9:50 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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