City Commission Minutes 04-27-2021

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 27, 2021 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                 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, April 27 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Grand Rapids, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
HONORS/AWARDS/PRESENTATIONS:
   A. Home Rehab Good News           Development Services/CNS
Staff is sharing good new of another completed home rehab by Community
and Neighborhood Services. The home was acquired through tax foreclosure,
we invested approximately $135,000, and the home is appraised at $125,000. An
offer was received the same day the house was listed, and staff is working
through the closing process.
PUBLIC COMMENT ON AN AGENDA ITEM:          Public comments were received.
2021-38     CONSENT AGENDA:
   A. Approval of Minutes     City Clerk
SUMMARY OF REQUEST: To approve the minutes of the April 12, 2021
Worksession meeting and the April 13, 2021 Regular City Commission meeting.
STAFF RECOMMENDATION:         To approve the minutes.
   B. Fireworks Display Permit for City of Muskegon     City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a

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fireworks display permit for July 3, 2021 in downtown Muskegon. The fire Marshall
will inspect the fireworks on the day of the event.
STAFF RECOMMENDATION:           To approve the fireworks permit contingent on
inspection of the fireworks and approval of insurance.
   C. Request to Fly the Norwegian Flag       City Clerk
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall on Constitution Day (Independence Day) which is
Monday, May 17, 2021.
STAFF RECOMMENDATION:            To approve the request.
   D. Temporary Extension of Service Area for Smash Wine Bar             City Clerk
SUMMARY OF REQUEST: Staff is seeking approval from the Commission to write a
letter to the Michigan Liquor Control Commission to allow for the temporary
extension of the service area (approved in 2020) for Smash Wine Bar to be
extended until November 30, 2021.
STAFF RECOMMENDATION:         To approve the request to temporarily extend the
outdoor service area for Smash Wine Bar.
   E. Downtown Muskegon Social District Plan and Map Amendments
      Economic Development
SUMMARY OF REQUEST: Requesting approval of an updated Muskegon
Downtown Social District plan and map, removing the CIO Hall, 490 W. Western
Avenue from the district.
The Muskegon City Commission approved the Downtown Muskegon Social
District in August. The social district law does not allow non-profit, special event
beer licenses in the district if the district is operating. Staff and commission do not
want to shut down the social district for special events. Port City CIO Building
Association, a non-profit of union users of the building at 490 W. Western, has
requested to be removed from the Muskegon Social District. The building does
not have a permanent liquor license. The commission needs to approve an
amended social district plan, a new social district map and an accompanying
resolution.
STAFF RECOMMENDATION:          I move to approve an amended Muskegon
Downtown Social District plan and map in conjunction with a resolution
removing 490 W. Western Avenue from the district.
   F. Social District Permit Recommendation           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

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must first 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 eight
such requests at your August 25 and September 8 meetings and subsequently
approved 17 establishments. The attached resolution is for a second location for
Burl & Sprig (former Boar’s Belly) which is 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.
   G. Harbor 31 Viridian Shores Housing Development Neighborhood Enterprise
      Zone Resolution of Intent Economic Development
SUMMARY OF REQUEST: The development team at Harbor 31 has requested
that the City of Muskegon create a Neighborhood Enterprise Zone around
certain parcels at the Harbor 31 development site intended for owner-occupied
housing units.
The developers have planned a multi-phase, multi-use buildout for the Harbor 31
site which includes single family detached residential as well as owner-occupied
townhomes. In order to make these homes marketable due to the large amount
of environmental mitigation required, the developer has requested that an NEZ
district be created so that future buyers can request Neighborhood Enterprise
Zone certificates for their respective home builds. The process laid out in the
attached resolution will comply with Public Act 147 of 1992 (NEZ Act) so that the
City properly notices taxing jurisdictions and holds the required public hearing in
the time frames as stipulated. Keep in mind that simply creating the NEZ district
does not provide any owners with a tax abatement, only the ability to request
one from the city in the future, which will require commission approval.
STAFF RECOMMENDATION:        To approve the Resolution of Intent to create a
Neighborhood Enterprise Zone as presented.
   H. Lakeshore Drive Settlement Fund Conveyance             Economic Development
SUMMARY OF REQUEST: The Lakeside Business Improvement District has been
working with the Department of Public Works through their staff liaison for some
time to settle some issues with the Lakeshore Drive Improvement Project. The
following details a proposed arrangement to satisfy all parties concerned.
The Lakeside Business District and several residents have voiced concerns about
what they perceive to be substandard work by contractor Jackson-Merkey. This
includes some small flatwork concrete issues, poor landscaping in public areas,

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and other punch list items. Recently, the Department of Public Works has
received some settlement dollars from the contractor due to these and other
deficiencies in the project. DPW and the Economic Development Department
advocate conveying $35,000 of these funds to the Lakeside BID in a one-time
payment to allow them to take the lead on repairing landscaping, streetscape
features, and to defray future labor and material costs to DPW for things like
snow removal on sidewalks and other maintenance. This would be in addition to
the approximately $22,000 that the BID is set to collect from their first special
assessment collection and would set them up well to do their stated work plan. It
would also keep money in Lakeside that was recovered by the City for
improperly completed work by one of our contractors. The city stewards the BID
funds, making this in effect a fund transfer.
AMOUNT REQUESTED:         $35,000             AMOUNT BUDGETED:        N/A
FUND OR ACCOUT:           Contract Settlement with Jackson-Merkey
STAFF RECOMMENDATION:           To approve the conveyance of $35,000 to the
Lakeside BID as presented.
   I. Consumers Energy Easement Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve the
easement requested by Consumers Energy at 1651 Beach Street.
Consumers Energy needs to replace a failing electric cable that provides
electric service to The Deck along with the city owned charging station at Pere
Marquette Park. In addition to this work Consumers Energy is proposing to
relocate the electric transformer for The Deck that is currently nearing the end of
it service life. All new cables will be underground with pad mounted transformers
located above ground. The proposed easement is outlined in the attachment.
The easement language has been reviewed and accepted by legal counsel.
STAFF RECOMMENDATION:        Authorize staff to approve the easement to
Consumers Energy for 1651 Beach Street.
   J. Water Filtration Plant & Harvey Pump Station Building Repairs   Public
      Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
multiple contractors for building repairs and upgrades at the Water Filtration
Plant and Harvey Pump Station.
Staff has been working since 2019 to create a plan to address a number of
problems that have developed in the buildings at the Water Filtration Plant and
the Harvey Pump Station.
Four major projects will occur at the Water Filtration Plant:
   •   The roofs on two buildings will be replaced. A 2018 assessment found
       these two roofs to have failed, and they currently leak during rain storms

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       and snow melt.
   •   Over 100 windows will be replaced on five buildings. These windows have
       experienced seal failures. Lintels that have corroded and have become a
       major source of leaks will be replaced.
   •   Masonry repairs will occur on five buildings where brickwork is cracked,
       pulling away from the buildings, or in need of tuck pointing. New control
       joints will be created where necessary. Damaged limestone will be
       repaired.
   •   Excessive condensation will be addressed with ventilation upgrades in
       three buildings. The intake and exhaust of the dehumidification system will
       be modified to bring it to code.
Five major projects will occur at the Harvey Pump Station:
   •   The roof on the pump station building will be replaced. A 2018 assessment
       found this roof to have failed.
   •   The windows of the pump station building will be replaced. Some of the
       current windows can no longer be opened, creating ventilation issues in
       the summer. Others do not close completely, creating heating issues in
       the winter.
   •   The original plumbing for the floor drains has corroded away and will be
       replaced.
   •   The 5.0 million gallon in-ground reservoir will have a membrane placed
       over its cap. This will require sand and top soil to be removed from the top,
       roofing material to be installed, and the sand and topsoil to be put back
       in place with new grass. This project has been recommended by the
       state.
   •   New fencing will be installed around the perimeter of the pump station
       and reservoir property.
Staff is requesting the following bids be approved:
Contractor                      Project                         Cost
CS Erickson                     Electrical                      $67,720
DHE Mechanical                  Mechanical & Plumping           $119,400
Ostrander                       Roofing                         $832,674
Ram Construction                Masonry & Restoration           $382,415
Grand Valley Glass              Glass & Aluminum                $208,575
Accurate Excavators             Earthwork                       $183,500
Boerman Fence                   Fencing                         $48,345

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Total Bids                                                      $1,842,629
Staff is requesting a maximum of $530,178 for an owner’s allowance to cover
permits, general construction costs, owner-project specific allowances,
owner/construction contingency, inspections & testings as well as consulting
costs. This cost was estimated by Construction Simplified, the firm that is working
as the owner’s allowance Rep for this project. The construction management
portion of the owner’s allowance          was not put out for bids. Construction
Simplified has worked with the City on other projects and has added value to
this project with their expertise in construction project management, in
particular, overseeing the multiple contractors and the two locations that are a
part of this project. The total cost of this project, which includes the owner’s
allowance and the bids listed above, will be $2,380,007.
The project will be funded by location, as the WMRWA will contribute the costs
of the repairs at the plant, but not at the pumping station. The amount
requested that was not budgeted will be addressed in the FY 21-22 budget. The
project will start in FY20-21 and continue in FY 21-22. The breakdown is estimated
as follows:
                                      FY 20-21            FY 21-22
Water Filtration Pump (92008)         $300,000            $1,272,804
Harvey Pump Station (92007)           $213,250            $593,953
AMOUNT REQUESTED:               $2,380,007   AMOUNT BUDGETED:          $2,000,000
FUND OR ACCOUNT: 591-92007        $807,203                             $1,040,000
                      591-92008    $1,572,773                          $960,000
STAFF RECOMMENDATION:           Authorize staff to contract with CS Erickson. DHE
Mechanical, Ostrander, Ram Construction, Grand Valley Glass, Accurate
Excavators, and Boerman Fence for total amount of $1,842,629 with an included
owner’s allowance of $530,178 to perform building repairs and upgrades at the
Water Filtration Plant and Harvey Pump Station.
   K. Marshall Street Water Tower Painting Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Fedewa, Inc. for painting and modifying the Marshall Street water tower.
The Marshall Street water tower is located in the Jackson Hill neighborhood and
highly visible from the Moses J. Jones Parkway. The tower’s exterior and interior
coatings are beyond their expected lifetimes, and a 2019 inspection found the
coatings to be deteriorating and delaminating. The exterior tower coating
continues to chalk, fade, and lose its gloss.
The project will involve a complete overcoat of the tower exterior and also
includes repairs to the interior coating. Additionally, the cathodic protection

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system that prevents corrosion of the structure has failed and will be replaced.
Other modifications will take place to bring the tower into compliance with
current safety standards and drinking water regulations. The artwork on the
tower will be changed to the Muskegon Public Schools symbol with the phrase
Big Red Nation.
Staff continues to work alongside Dixon Engineering to oversee the design,
bidding, construction, and post-construction phases of this project. Dixon has
extensive knowledge of the city’s water towers and has managed many of our
past water tower projects and inspections. Nine proposals were received for
painting and modifying the water tower. Dixon has evaluated the bids and
recommends the lowest bid of $265,699.00 from Fedewa, Inc.
The project is budgeted as part of the FY 20-21 budget. The project is scheduled
to begin in September, so funds will be carried over to the budget for FY 21-22.
AMOUNT REQUESTED:         $265,699.00         AMOUNT BUDGETED:          $325,000.00
FUND OR ACCOUNT:          591-92035           FUND OR ACCOUNT:          591-92035
STAFF RECOMMENDATION:         Authorize staff to contract with Fedewa, Inc. in
the amount of $265,699.00 to paint and modify the Marshall Street water tower.
   L. Hartshorn Marina Engineering Services          Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to hire Abonmarche to
provide engineering services related to previously identified facility
improvements needed at Hartshorn Marina.
Staff worked directly with Abonmarche to develop a proposed scope of work
based upon the Engineering Study that was prepared by Abonmarche related
to necessary facility improvements at Hartshorn Marina. Staff and the
Commission have previously pursued MDNR grants to help fund the project but
were unsuccessful and did not see a path forward utilizing MDNR (or other)
grants for the project, as such staff is recommending that the project be
pursued with ARPA funds or through a Bond Sale to expedite the necessary
upgrades to the facility.
The project work will include needed repairs to the marina, and does not
include any clubhouse or pool items that have been the point of previous
discussions. Improvements will focus largely on dock replacement, electrical
upgrades, and other associated items to serve the existing use of the site. The
intention is to design the project over the summer and construct in the Fall of
2021/Spring of 2022 to have the upgrades in place before the 2022 Season.
The proposal as presented in the packet requires minor revisions.
Staff worked directly with Abonmarche to prepare this proposal rather than
soliciting proposals based on their prior familiarity with the site obtained during
the preparation of the Engineering Study. Their proposed costs were reviewed

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and appear reasonable based on an approximately $2.0M scope.
AMOUNT REQUESTED:         $230,600     AMOUNT BUDGETED:          $2,500,000
                                       20/21 - $30,000
                                       21/22 - $2,470,000
FUND OR ACCOUNT:          594-TBD-5346
STAFF RECOMMENDATION:          Authorize staff to hire Abonmarche to provide
Engineering Services related to facility improvements at Hartshorn Marina.
   M. Hartshorn Marina – Fencing       Public Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a contract
with Affordable Fence to install fencing at Hartshorn Marina.
The Department of Public Works is requesting permission to enter into a contract
with Affordable Fence for fence purchase, installation and walkthrough gates,
per their proposal. Cost for the purchase and installation of fence is $30,700.62,
plus $3,738 for 3 walk-through gates.
Staff solicited bids for the work and Affordable Fence provides the overall low
price when including the proposed cost of the gates.
AMOUNT REQUESTED:         $34,438.62         AMOUNT BUDGETED:           $0
FUND OR ACCOUNT:          594-70756          FUND OR ACCOUNT:           594-70756
STAFF RECOMMENDATION:        Authorize staff to enter into a contract for
fence/gate purchase and installation with Affordable Fence at Hartshorn
Marina.
   O. Roberts Street – TEDF Application      Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to apply for State of
Michigan FY2023 Transportation Economic Development Category F Grant for a
project to resurface Roberts Street from Sherman Boulevard north to Laketon
Avenue.
MDOT is requesting applications for FY2023 projects in the Transportation
Economic Development Category F program. Staff reviewed the program
requirements and feels that Roberts Street is a good fit for the targeted criteria.
The project is estimated to cost $900,000. Staff is proposing to request the
maximum grant amount and provide matching funds or $525,000 towards the
project. In addition, the City will be responsible to pay for Engineering on the
project which is estimated to cost an additional $50,000. If selected these funds
would be allocated from the Major Street budget in FY22-23.
A formal resolution of support is not required for TEDF – Category F applications.
AMOUNT REQUESTED:         $575,000           AMOUNT BUDGETED:           $575,000

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FUND OR ACCOUT: 202-TBD-5346/5355
STAFF RECOMMENDATION:        Authorize staff to apply for the Category F grant
through the MDOT Transportation Economic Development program for Roberts
Street between Sherman Boulevard and Laketon Avenue.
   P. Railroad Mural – Resolution of Support        Public Works
SUMMARY OF REQUEST: Staff is requesting Commission approval of the
resolution for the application of the murals onto the railroad bridge over Seaway
Drive.
MDOT and FHWA (Federal Highway Administration) are requiring that the
governing bodies of Muskegon and Norton Shores adopt a formal resolution of
support for the installation of the murals on the railroad overpasses.
The MDOT/FHWA Permit and the Railroad Permit are the last two items needed
to finalize the proceeding of the work. Assuming approval of both items we are
on track to be ready for the muralists to start on the City of Muskegon bridge in
mid-May.
STAFF RECOMMENDATION:           Approve the resolution of support and authorize
the Mayor and Clerk to sign.
   Q. Railroad Mural – ROE (Right of Entry) Agreement     Public Works
SUMMARY OF REQUEST: Staff is requesting Commission approval and
authorization for staff to execute the Right of Entry (ROE) agreement with the
railroad to allow for painting of the murals on the railroad bridge over Seaway
Drive between Hackley Avenue and Laketon Avenue.
Staff has worked to secure the railroad agreement which must be reviewed and
accepted by the City prior to work commending. Counsel has reviewed the
agreement and has no concerns. Finance has reviewed the agreement and
MMRMA can provide the necessary coverage.
STAFF RECOMMENDATION:         Authorize staff to sign off on the Right of Entry
Agreement with the railroad for the installation of the murals.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve the consent agenda as presented, minus item N, R, and S.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
2021-39     REMOVED FROM CONSENT:
   N. H92037 Monroe, Third to Fourth and H92046 Alley Improvements           Public
      Works

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SUMMARY OF REQUEST: Authorize the award of the H92037 Monroe, Third to
Fourth and H92046 Alley Improvements contract to the low bidder, Jackson
Merkey Contracting along with approving the noted project contingency.
Staff solicited bids for reconstruction of Monroe Street, from Third to Fourth, and
for Alley Improvements behind Frauenthal and MCC.
Bids received are as follows:
   •   $338,262.85 – Jackson Merkey
   •   $420,376.00 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
Design Engineering work is already completed and funded within the 20-21
budget adjusted on upcoming 3rd Quarter Reforecast. The entirety of this
request will be included in the 21-22 proposed budget along with an allowance
for Engineering Services during construction.
Bids were opened prior to the adoption and approval of the updated
purchasing policy so the old policy was use to that point. Going forward, in
particular for any change orders, staff will be utilizing the new purchasing policy.
AMOUNT REQUESTED:         $369,000             AMOUNT BUDGETED:        $419,000
$338,262.85 – Construction Contract            20/21 - $30,000
$30,737.15 – Contingency                       21/22 - $389,000
FUND OR ACCOUNT:                       20-21 / 21-22
                          203-92037    $15,000/$50,000
                          591-92037    $5,000 / $120,000
                          591-60555    $0 / $40,000
                          203-92046    $10,000 / $150,000
                          590-92046    $0 / $29,000
                          Total: $419,000
STAFF RECOMMENDATION:         Approve the award of the H92037 Monroe, Third
to Fourth and H92046 Alley Improvements contract to the low bidder, Jackson
Merkey Contracting and approve the budgeted project contingency.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the award of the H92037 Monroe, Third to Fourth and H92046 Alley
Improvements contract to the low bidder, Jackson Merkey Contracting and
approve the budgeted project contingency.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron


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            Nays: None
MOTION PASSES
   R. Smith Ryerson eSports    Public Works
SUMMARY OF REQUEST: Staff is requesting permission to move forward with a
proposal to construct and outfit an eSports gaming center in an unused room at
Smith-Ryerson Park.
Staff is seeking approval to expend up to $20,000 to convert an unused room at
the Smith-Ryerson Community Center into an eSports Gaming Center. The
gaming center would be available for use on a TBD rental basis and will be
offered to community partners that are interested in utilizing the site to host
community-based programming.
Staff is proposing to fund the allocation from within the existing Parks budget,
with no modification to the overall budget. Though no specific allocation was
originally budgeted for this project a number of budget items have come up
short allowing for this project to be completed without the requirement for
additional allocations.
AMOUNT REQUESTED:        $20,000      AMOUNT BUDGETED:         $0
FUND OR ACCOUNT:         101-70751-5346
STAFF RECOMMENDATION:          Authorize staff to proceed with the proposal to
construct and outfit an eSports gaming center at Smith-Ryerson Park.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to proceed with a proposal to construct and outfit an eSports
gaming center at Smith-Ryerson Park.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
   S. Sale of the Property Formerly Known as 1251 8th Street   Planning
SUMMARY OF REQUEST: Request to execute the purchase agreement to sell the
property formerly known as 1251 8th (now 14 separate parcels) to West Urban
Properties LLC for the development of 14 single-family homes.
The City Commission authorized the City Manager to negotiate a purchase
agreement at the March 7, 2018 Commission meeting.
STAFF RECOMMENDATION:          To approve the request to execute the purchase
agreement for the sale of the property formerly known as 1251 8th Street.
Motion by Commissioner German, second by Commissioner Ramsey, to
approve the request to execute the purchase agreement for the sale of the

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property formerly known as 1251 8th Street.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-40     PUBLIC HEARINGS:
   A. Exemption of New Personal Property-MH Solar LLC           Planning
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended, MH
Solar LLC, has requested an exemption of new personal property for the
equipment to be installed as part of the solar project at the arena. The City will
forgo 100% of the personal property taxes on the equipment installed at the
arena for the length of the abatement. Staff recommends an abatement length
of 25 years.
STAFF RECOMMENDATION:          To approve the request for an exemption of new
personal property pursuant to Public Act 328 of 1998.
PUBLIC HEARING COMMENCED:             No public comments were received.
Motion by Commissioner Vice Mayor Hood, second by Commissioner Rinsema-
Sybenga, to close the public hearing and approve the request for an exemption
of new personal property pursuant to Public Act 328 of 1998.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
            Nays: None
MOTION PASSES
2021-41     UNFINISHED BUSINESS:
   A. Lot Sales Hudson/Dowd Tabled from 4/13/2021         Planning
SUMMARY OF REQUEST: Request to sell the properties at 2172 Dowd Street, 2182
Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban Ventures of
West Michigan, LLC for the construction of eight (8) duplexes.
The city-owned lot sale policy states that the buyer is to pay 75% of the true cash
value of the lots ($22,950), but that it will be reimbursed upon issuance of
certificate of occupancy for all eight units.
The policy also states that since they are building more than 3 units within 18
months, 100% of the water/sewer hook-up fees may be waived.
The water/sewer lines in this area need to be extended 230 feet to provide
service to these lots. Staff estimates these costs to be around $10,000. Staff
recommends charging the buyer half of this expense.

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STAFF RECOMMENDATION:         To approve the request to sell the properties at
2172 Dowd Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson
Street to Urban Ventures of West Michigan, LLC.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to vacate first and second motions from the April 13, 2021 meeting and to
approve the request to sell the properties at 2172 Dowd Street, 2182 Dowd Street,
2169 Hudson Street, and 2171 Hudson Street to Urban Ventures of West Michigan,
LLC.
ROLL VOTE: Ayes: Johnson, Gawron, Ramsey, German, Rinsema-Sybenga
            Nays: Emory
            Absent: Hood
MOTION PASSES
2021-42     NEW BUSINESS:
   A. Parking Revenue – Park Upgrades       Mayor’s Office
SUMMARY OF REQUEST: Staff is seeking approval to redirect the beach parking
revenue away from the proposal for expanded parking lot at Pere Marquette
Park.
The City Commission previously approved $798,070.71 to improve parking and
pedestrian access to Pere Marquette Park. Additionally, staff solicited a change
order from the contractor to upgrade the proposed asphalt walking/biking path
to concrete to address citizen concern about hot asphalt; that change order
would have increased the project budget to approximately $1 Million.
After hearing significant community concern about the improvements and
resulting complications in adding this work to the County Contract staff fees that
the project would be a better fit in a subsequent funding cycle as a standalone
city project. In the meantime, to ensure that the parking receipts are expended
as originally intended, staff is recommending that the original planned
investment of $1M be redirected and deployed during 2021 to other parks within
the City.
In 2019, staff presented a citywide plan to invest in 15+ parks, including both
Beukema Park and Reese Playfield. To that end, staff is requesting that the
Commission authorize staff to develop a proposal for $900,000 worth of
improvements to Reese and Beukema Parks during the 20-21 and 21-22 Fiscal
Years utilizing the Beach Parking revenue proceeds.
Staff is also requesting that the Commission authorize staff to develop a proposal
to expend approximately $100,000 to convert the original project scope at PM
Park into a standalone project and proceed with obtaining the necessary
permits. Also, to contract with Consumers Energy to complete utility relocations
at the park for improved site lines, and to complete the previously identified tree

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plantings at PM Park to allow for the trees to become established and be more
substantial by the time the project is pursued at a later date.
Staff can be prepared to present a preliminary proposal for Reese and
Beukema at the May work session, an updated proposal for PM Park items
would likely be ready for consideration at the June work session.
AMOUNT REQUESTED:        $1,000,000          AMOUNT BUDGETED:         $0
FUND OR ACCOUNT:         101-92106
STAFF RECOMMENDATION:           Rescind the prior approval of Bulletin #3 pricing
on the Beach Street project in partnership with Muskegon County and direct
staff to develop a proposal for $900,000 of improvements at Beukema Park and
Reese Playfield and to develop a proposal for advancement of the
improvements at Pere Marquette Park as a standalone City project.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to rescind the prior approval of Bulletin #3 pricing on the Beach Street project in
partnership with Muskegon County and direct staff to develop a proposal for
$900,000 of improvements at Beukema Park and Reese Playfield and to develop
a proposal for advancement of the improvements at Pere Marquette Park as a
standalone City Project.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
            Nays: None
MOTION PASSES
   B. Special Event Fee Waiver – Americorps Senior Volunteers Recognition
      Event City Clerk
SUMMARY OF REQUEST: Catholic Charities West Michigan/Americorp is seeking
a Special Event Fee Waiver for their volunteer recognition event on June 4, 2021.
Americorps wants to recognize their volunteers with a small event at Hackley
Park. They wat to reserve Hackley Park and all of the picnic tables in the park for
their event. They are asking their City fees be waived for 2021. Based on the
needs of their event, their fees will total $600 ($500 Hackley Park use fee and
$100 application fee).
STAFF RECOMMENDATION:           To approve/approve in part/deny the request
from Catholic Charities West Michigan/Americorp to waive the $600 in special
event fees for the Senior Volunteers Recognition event in 2021.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
approve the request from Catholic Charities West Michigan/Americorp to waive
the $600 in special event fees for the Senior Volunteers Recognition event in
2021.


                                         Page 14 of 16
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and
           Johnson
            Nays: None
            Absent: German
MOTION PASSES
   C. Community EnCompass Development Agreement Amendment
      Economic Development
SUMMARY OF REQUEST: The lot at 1259 Sanford has been removed from the
agreement, and an alternative city owned lot will take its place to be
determined by city staff.
The Muskegon County Land Bank elected to not execute the purchase
agreement for 1259 Sanford that was previously approved. The process for
materials and the homes keeps increasing on the manufacturer side and we
need to execute the development agreement soon, so staff is recommending
that the agreement be amended with language to add a third city owned lot
that will be determined during project implementation. The city has many lots
still available in the McLaughlin and Jackson Hill neighborhoods that would suit
the single-family housing design, but we have not cleared title on a specific one
to add to this agreement as of yet. Approving the development agreement
amendment and giving staff latitude will help ensure that we complete these
affordable homes in this building season, deliver the most units possible within
the budget, and also keep the project on track financially by allowing us to
move forward with the unit purchases before we are exposed to further material
price increases.
STAFF RECOMMENDATION:          To approve the amended development
agreement as presented.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the amendment to the development agreement as presented.
ROLL VOTE: Ayes: Hood, Rinsema-Sybenga, Emory, Johnson, and Gawron
            Nays: German
*Commissioner Ramsey disclosed a conflict of interest and did not vote on this
item. The City Charter requires a unanimous vote of the remaining members to
pass a motion where a conflict of interest is noted.
MOTION FAILS
ANY OTHER BUSINESS:      Comments were received by Mayor Gawron.
PUBLIC COMMENT:          Public comments were received.
ADJOURNMENT:      The City Commission meeting adjourned at 8:07 p.m.


                                        Page 15 of 16
   Respectfully Submitted,




   Ann Marie Meisch, MMC – City Clerk




Page 16 of 16

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