View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 10, 2014
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Recognition of Fall 2014 Citizen’s Academy Graduates. PUBLIC SAFETY
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Moratorium on Fees for 2015 Vacant Buildings. PLANNING &
ECONOMIC DEVELOPMENT
C. Approval of the Housing Development Grant Agreement for Target
Market Analysis. COMMUNITY & NEIGHBORHOOD SERVICES
D. MetroPCS First Amendment to the Tower Lease Agreement. PUBLIC
WORKS
E. New Cingular Wireless Fourth Amended Tower Lease Agreement.
PUBLIC WORKS
F. City Legal Services Contract. CITY MANAGER
G. Amendment to the City Manager’s Employment Agreement. CITY
MANAGER
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Transmittal of 6/30/14 Comprehensive Annual Financial Report.
FINANCE
B. Commission Election Dates. CITY CLERK
□ ANY OTHER BUSINESS:
A. On-Street Parking.
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: November 6, 2014
We have a number of items on the agenda, and I thought you could use a little background on some of
them as you prepare for our meeting next week.
1. Under the consent agenda, we are asking the Commission to approve:
a. Last meeting’s minutes.
b. A moratorium for vacant building fees for certain qualified properties. This is an annual
request that is unchanged from previous years.
c. The target housing market analysis that we have been working for the past 12‐18 months
with MSHDA. The goal of the housing analysis is to help better understand our housing
needs – this tool will help potential developer determine the feasibility of certain types of
housing developments in Muskegon.
d. An amendment to the MetroPCS tower lease
e. An amendment to the Cingular Wireless tower lease.
f. An extension to the current contract with Parmenter O’Toole for legal services. The goal of
the six month extension is to align the contract with the current prosecution contract and
with our fiscal year as we look toward a potential RFP for legal services.
g. An amendment to the City Manager’s contract to eliminate the $3,000 ICMA retirement
match, and instead provide that $3,000 as salary for the city manager to invest outside of
the ICMA fund.
2. Under Other/New Business we have two topics for discussion but no expected action:
a. The idea of moving local elections to even years. There seemed to be minimal support for
this move. So, instead of bringing this item back for approval, and setting up potential
public hearings, we are asking that the commission simply give us direction as to whether
or not they want us to pursue the concept further. Staff has withdrawn our
recommendation for the change, and instead awaits your direction.
b. It may be time again to discuss on street parking during the winter months. Last year was a
difficult year for snow removal; it was especially hard to clear the streets efficiently with
the snow piling up around car consistently parked in the same places during plow times.
We have a few options, and we’re looking for Commission direction:
1. Do nothing – make no changes from 2013‐14.
2. Reestablish the no parking during certain overnight hours.
3. Consider an even/odd parking arrangement where people park on the even side
of the road on even days and the odd side on odd days.
4. Create a snow emergency ordinance that gives the Mayor authority to forbid
on‐street parking for snow removal on an emergency basis.
If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.
Date: November 10, 2014
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the October 28th
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 28, 2014
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, October 28, 2014.
Mayor Gawron opened the meeting with prayer from Vice Mayor Spataro after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John
Schrier, and City Clerk Ann Marie Cummings.
2014-82 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the October 13th Commission
Worksession Meeting, and the October 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Sodium Hypochlorite Storage Tank #2 Repairs. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Tri-Clor
Inc. for fiberglass repairs to Sodium Hypochlorite Storage Tank #2.
FINANCIAL IMPACT: $8,750.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends acceptance of bid from Tri-Clor
Inc. for $8,750.
C. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
1
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow medical marihuana dispensaries in B-2 (Convenience and Comparison
Business), B-3 (Central Business), B-4 (General Business), B-5 (Governmental
Business), MC (Medical Care), I-1 (Light Industrial) and I-2 (General Industrial)
districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 16th meeting.
G. Community Relations Committee Recommendation for Reinstatement
of the Equal Opportunity Committee. CITY CLERK
SUMMARY OF REQUEST: To concur with the recommendation from the
Community Relations Committee regarding the reinstatement of the Equal
Opportunity Committee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: Approve the recommendation of the
Community Relations Committee for the reinstatement of the Equal Opportunity
Committee.
Motion by Commissioner Johnson, second by Commissioner German to
approve the Consent Agenda as read minus Items D, E, and F.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
2014-83 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Consulting Services with Michigan Municipal League. AFFIRMATIVE
ACTION & RISK MANAGEMENT
SUMMARY OF REQUEST: Approval to utilize the Michigan Municipal League’s
Consulting Services in the development of comprehensive job descriptions for
City staff positions.
The scope of the work included in the packet outlines the process the league
will undergo to perform the updates to all the currently budgeted job
2
descriptions. Many of the job descriptions at the City have not been updated
since the late 1980’s to the mid 1990’s. We have recognized difficulties with
attempts to recruit employees utilizing outdated industry language, and the
updates are needed across the board for all position descriptions. The
descriptions will comprise all the necessary elements utilizing ADA compliant
language for inclusion in each job description.
The project would begin in January 2015, and would be completed within three
months.
FINANCIAL IMPACT: Using an estimate of 55 positions, the total not-to-exceed
professional fee would be $13,750. This rate includes two on-site visits to conduct
employee orientation sessions and employee interviews. Travel related
expenses will be held to a minimum and billed at actual cost, and additional
visits will be billed at $750 per visit plus the actual cost of travel.
BUDGET ACTION REQUIRED: Amend the 2014/2015 FY budget to include $15,000
as an expense under Civil Service. This budget item will be reflected in the 1st
Quarter Reforecast to the 2014/2015 Fiscal Year Budget.
STAFF RECOMMENDATION: Staff recommends and requests approval to utilize
the Michigan Municipal League’s Consulting Services in the development of
comprehensive position descriptions for City staff, and amend the 2014/2015 FY
budget to include the expense under Civil Service, and authorize the Mayor and
Clerk to sign the agreement.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
qpprove to utilize the Michigan Municipal League’s Consulting Services in the
development of comprehensive position descriptions for City staff, and amend
the 2014/2015 FY budget to include the expense under Civil Service, and
authorize the Mayor and Clerk to sign the agreement.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
E. Ground Lease and Option to Purchase for Nims Neighborhood Park
Playground. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: On March 5, 2014, the City Commission approved the
“Participation Agreement” with Nims Neighborhood, Muskegon Public Schools
and the City of Muskegon for the Nims Neighborhood Park Playground. After
several months of planning, fundraising, grant writing and negotiations, Nims
Neighborhood and City staff have agreed on the “Ground Lease and Option to
Purchase” for the property at the corner of Southern and Davis. The Nims
3
Neighborhood president has signed the document. The Neighborhood has
raised over $25,000 for playground equipment, which is expected to be ordered
early next year and installed in the spring of 2015. The Neighborhood continues
to fundraise and write grants for additional improvements in the future.
FINANCIAL IMPACT: Minor costs for water service and tap fees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Ground Lease and Option to
Purchase” and authorize the Vice-Mayor and City Clerks signatures and to
authorize the purchase of the designated property (legal description in the
“Lease” agreement) by the City of Muskegon staff from Muskegon Public
Schools.
Motion by Vice Mayor Spataro, Second by Commissioner German to approve
the “Ground Lease and Option to Purchase” and authorize the Vice-Mayor and
City Clerks signatures and to authorize the purchase of the designated property
by the City of Muskegon staff from Muskegon Public Schools.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, and
Turnquist
Nays: None
Abstain: Johnson
MOTION PASSES
F. Marketing and Image. CITY MANAGER
SUMMARY OF REQUEST: At its annual Goal Setting Meeting, the City
Commissioners listed improving the City’s image as a top priority. Staff has been
working on image-related activities including signage, marketing strategies, and
partnering with other agencies on this endeavor. The City currently does not
have funds budgeted for Marketing and Image and is requesting that $20,000
be added to the Public Relations budget to fund marketing and image related
activities.
FINANCIAL IMPACT: To add $20,000 to the Public Relations Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to
recommend approval that $20,000 be added to the Public Relations Fund.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
4
MOTION PASSES
2014-84 NEW BUSINESS: Urban farming was discussed. This will be discussed
further at the December 8th Worksession Meeting.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:19 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
5
Commission Meeting Date: November 10, 2014
Date: November 3, 2014
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Moratorium on fees for 2015 Vacant Buildings
SUMMARY OF REQUEST: Request to approve a moratorium on fees
charged to owners of vacant buildings that are entering their seventh
year billing cycle in 2015. Eligibility requirements for the moratorium of
fees charged are proposed to remain the same as the 2014.
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of a fee
moratorium for vacant building invoices meeting the approved criteria.
COMMITTEE RECOMMENDATION: None
Vacant Building Registration Moratorium on 7th year fees.
A proposed billing moratorium could be initiated for the year of 2015, impacting all
structures that are about to enter their seventh vacant building billing cycle. This
moratorium would apply only to structures that meet certain criteria to insure that the
structure is being properly maintained and the owners are current on all their
responsibilities to the various city departments.
The criteria staff feels a vacant building would have to meet to qualify for a moratorium
of fee are:
1. All taxes & fees, such as mowing charges, vacant building registration,
landlord registrations, business registrations and any other applicable fees,
must be fully paid and current.
2. All city supplied utilities for the property must be fully paid.
3. There were no more than 2 environmental letters sent to the address with no
work being performed at the address in the vacancy years in question. The
City does not have to perform any board up action at the property.
4. The building owner can demonstrate that they have made recent investments
in the vacant building during the vacancy period or in the case of a building
in good condition, they have continued to provide the necessary financial
support for the building to be in usable and move-in condition.
5. The property has been listed during the vacancy period and is still currently
listed for sale with a professional realty firm.
Due to the complexities of the overall program, city staff would utilize our current
appeal process to administer the moratorium and the owners that feel they qualify would
be required to apply for the moratorium after being billed. If the owner felt they could
meet the criteria, they would apply with supporting documentation, if they do not meet
the criteria we would hope they would not apply for it and consume staff time with the
reviews.
Because of the criteria that must be met and the large number of structures that we will
be billing, staff would not be able to review all the invoices prior to billing. We simply
do not know if all of the structures can meet the criteria and we do not have the staff to
make those determinations in advance.
Using the appeal process, staff can make the determination by requiring the owner to
provide some of the above listed information and this will cut down on staff time spent.
Even so, this will substantially increase the amount of time staff must spend processing
paperwork for this program.
Commission Meeting Date: November 10, 2014
Date: November 3, 2014
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Approval of the Housing Development Grant Agreement for Target
Market Analysis
__________________________________________________________________
SUMMARY OF REQUEST: The cities of Muskegon, Norton Shores, Muskegon
Heights, along with the County of Muskegon, are interested in pursuing a Target
Market Analysis Study to forecast our future housing needs; this will enable each
city to have a tool for investors and developers and may lead to future
investment. The agreement is with MSHDA for a match up to $15,000 for this
study..
FINANCIAL IMPACT: None at this time
STAFF RECOMMENDATION: To approve and authorize the Mayor and the City
Manager to sign the attached documents for the analysis study.
HOUSING DEVELOPMENT GRANT AGREEMENT
Grant #HDF-283
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
735 East Michigan Avenue, Lansing, Michigan 48912
THIS GRANT AGREEMENT made and entered into as of October 9, 2014, by and between
the City of Muskegon, a Michigan local unit of government, whose address is 933 Terrace Street,
P.O. Box 536, Muskegon, Michigan 49443 (the "Grantee"), and the Michigan State Housing
Development Authority, a public body corporate and politic of the State of Michigan, whose address
is 735 East Michigan Avenue, Lansing, Michigan 48912 ("the Authority").
R E C I T A L S:
A. Section 23 of Public Act 346 of 1966, as amended (the "Act"), creates and establishes
a housing development fund under the jurisdiction and control of the Authority, and further provides
that the Authority may use the monies held in the housing development fund to make grants to local
communities, as defined by the Authority in rules promulgated under the Act, or to public or private
nonprofit organizations or local governmental agencies organized to provide assistance to persons
and families of low or moderate income, in any amounts as the Authority determines, not to exceed
the net costs, exclusive of any federal aid or assistance, incurred by the recipient in planning for or
implementing housing assistance or community or housing development.
B. The Grantee has represented to the Authority that it fully intends to undertake or
continue a program planning for or implementing housing assistance or community or housing
development.
C. The Housing Development Fund Grant, HDF-283, in an amount not to exceed Fifteen
Thousand and 00/100 Dollars ($15,000) (the "Grant") is for a program more specifically described in
Exhibit A attached hereto (the “Program”).
D. The Authority, as a public body, is charged with the responsibility of regulating the use
of funds advanced by it to assure that such funds are being used for purposes and in a manner that
are in accordance with the Act and the Authority's General Rules.
E. The Authority has agreed to make the Grant to the Grantee on the condition that the
Grantee agrees to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the
Grantee agrees that:
1. The terms and conditions set forth herein are a reasonable and appropriate means to
assure the use of funds in accordance with the Act and the Authority's General Rules, and the
Resolutions.
2. All aspects of the Grantee's plan for the use of the Grant are specifically described in
the Program attached hereto as Exhibit A, which Program is incorporated herein, and the Grantee
will operate the Program as described in Exhibit A.
3. All actions of the Grantee and requirements of the Grantee's Program are subject to
the terms of this Agreement, the provisions of the Act and the Rules of the Authority, being R
125.101, et seq.
1
4. The activities of the Grantee will be subject to the review of and, in the discretion of
the Authority, audit by Authority staff to ensure compliance with this Agreement, the Act and the
Authority's Rules, and the Grantee will provide any books, records or documents in such form and at
such place as the Authority may request.
5. The Grantee agrees to draw down Grant proceeds only when and in such amounts as
may be necessary to pay for the activities described in Exhibit A.
6. All requests for the disbursement of Grant proceeds shall be submitted to the
Executive Director of the Authority or his designee, shall be made in writing, and shall include the
amount of Grant proceeds to be disbursed, a description of the purposes for which the proceeds are
to be used, copies of invoices, billings, or such other documentation as may be necessary to
demonstrate project costs, and such other information as the Executive Director or his designee may
request.
7. If an advance or a portion of the Grant for a specific purpose is not used for that
purpose due to conditions that make it impossible to use as provided herein, or if the Grantee
decides not to use the money, upon such decision, the sum shall be returned to the Authority
immediately.
8. If any of the Grant proceeds are to be used for the construction or rehabilitation of
housing, then:
a. prior to disbursement of funds, the Grantee shall prepare and submit to the
Authority a detailed budget of the work to be done, including the cost per unit to be
constructed or rehabilitated;
b. all housing units constructed or rehabilitated under the Grant will meet all local
codes and will be maintained in good repair; and
c. all housing units constructed or rehabilitated under the Grant shall be
affordable to persons whose incomes do not exceed 60 percent of the area median income,
adjusted for family size for the area in which each unit will be located.
9. Any of Grantee's activities that are assisted by the use of Grant proceeds and the
selection of persons for participation in the Program shall not discriminate against any person on the
grounds of race, color, creed, religion, height, weight, sex, age (except for a Development
specifically designed for elderly occupants), national origin, handicap, or marital or familial status
except as provided by law. The Grantee shall comply with all requirements imposed by Title VIII of
the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988), the
Americans with Disabilities Act, the Elliott-Larsen Civil Rights Act, and the Michigan Persons with
Disabilities Civil Rights Act.
10. The Grantee assumes responsibility for any and all costs to implement the Grantee's
Program exceeding the amount of the Grant.
11. In the event of a violation of any of the provisions of this Agreement, the Authority will
notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to
correct the violation. In the event the violation is not corrected to the satisfaction of the Authority
within the time prescribed herein, the Authority may:
a. immediately terminate the Grant, without further notice, in a writing signed by
2
the Authority's Executive Director; and
b. pursue any other remedy provided at law or in the Act.
The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall
not be construed to preclude or be a waiver of the right to pursue any other remedy available to it.
12. The term of this Agreement shall commence on October 9, 2014 and shall terminate
on October 8, 2015, unless extended by the Authority in writing,
13. If any advance or portion of Grant funds used for the specific purpose assented to
within this Agreement is not used for that specific purpose, the Grantee will reimburse the Authority
for the full amount of the advance (or portion) not used for the specific purpose. Grant proceeds that
have not been used for Grant purposes by October 8, 2015 will, within 30 days, be returned to the
Authority.
14. The invalidity of any clause, part, or provision of this Agreement shall not affect the
validity of the remaining portion hereof.
15. This Agreement may be signed in several counterparts and all so executed shall
constitute one agreement, binding on all parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
shown above.
CITY OF MUSKEGON, A MICHIGAN LOCAL
UNIT OF GOVERNMENT
By:
Frank Peterson
Its: City Manager
MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY
By:
Clarence L. Stone, Jr.
Its: Director of Legal Affairs
3
Exhibit A
Housing Development Fund Grant Agreement, HDF-283
The City of Muskegon, collaboratively with Muskegon Heights, Norton Shores, and the County of
Muskegon will utilize Authority funds to initiate a residential Target Market Analysis (“TMA”) to
identify opportunities for specific housing products and price ranges based on an in-depth
assessment of their respective communities and target areas. The analysis will include the type and
number of housing units that could be supported, ideal locations for development, specific amenities
to include in designs, and absorption rate and period estimates.
Several areas of the county have been identified as potential development markets for housing
opportunity investments. The Muskegon region has a strong history of partnerships and
collaborations, and the communities are applying jointly to leverage limited resources.
The City of Muskegon would like the analysis to focus on downtown and adjacent neighborhoods,
including the Nelson Neighborhood and 3rd Street District as it relates to the MI Neighborhood grant,
as well as the neighborhoods and potential redevelopment sites on Muskegon Lake.
The City of Muskegon Heights would leverage a residential target market analysis of the entire city in
order to encourage housing opportunities that makes sense toward stabilizing the community, and to
support business growth. The City of Muskegon Heights is interested in determining what additional
housing types would be recommended, along with other uses that should be encouraged. Of
particular interest to the city is determining the desired density for housing in areas of the city.
The County of Muskegon is interested in pursuing a TMA for Muskegon County in general with a
deeper look at the following communities: Roosevelt Park, Montague/Whitehall and Fruitport
Township. The county would like to determine who is likely to live in those communities and the type
of housing that they would purchase or rehabilitate.
The City of Norton Shores is interested in the TMA focusing on the Henry Street/Seminole Road
community, bound by Henry Street, W. Norton Avenue, Business US-31, and Seminole Road. It is
often considered the location most associated with or recognized as the City of Norton Shores. The
site includes or is surrounded by many stable commercial and office amenities within walking
distance. However, the site itself also contains a number of large, vacant commercial parcels.
The communities are committed to a substantial amount of advertising of the results from these
market analyses. The planning departments in each city and the Board of County Commissioners
will work toward proposals to MSHDA and private investors in order to captivate the recommended
markets described from this study.
All communities have committed funds to this analysis in the following amounts: Muskegon, $4,500,
Muskegon County, $5,500, Muskegon Heights, $2,500, and Norton Shores, $3,500.
4
Current Budget
OTHER (Non-
Activity MSHDA
MSHDA)
Target Market Analysis $15,000 $16,000
TOTAL $15,000 $16,000
Conditions and procedures of the grant:
The City of Muskegon will consult with MSHDA staff for proper requirements to include in
the request for proposals, including the scope of work, prior to posting.
The City of Muskegon shall seek MSHDA staff review and approval prior to selecting a
vendor for use of MSHDA funds, for which MSHDA will match up to 50% of the contract
amount, not to exceed the total of this grant.
Funds will be disbursed upon completion of the TMA.
No funds will be disbursed for work conducted prior to, or after, the grant term. The
Grantee is responsible for drafting the contract in a manner that aligns with the grant
agreement’s term of work.
If the analysis determines a market for a particular housing type, a development project
must be completed in each community within 3 years of this grant or it shall be repaid.
The development project must be aligned with the results of the TMA.
After the grant agreement is executed, but prior to disbursement of grant funds, MSHDA
will require addendums signed by each community acknowledging the conditions of this
grant.
The Grantee will provide quarterly progress reports. Reports should include financial status reports
and detailed documentation, including invoices, itemized receipts, employee time dedicated to
professional service delivery, and other such documentation that the Authority deems necessary to
make a reasonable determination for eligible cost reimbursements in accordance with the Authority’s
Act and Rules governing Housing Development Fund grants. Travel, if necessary to the delivery of
programming outlined in the application and grant agreement, shall be reimbursed up to the limits
set annually by the Michigan DTMB. MSHDA staff will review the progress reports and will advise the
Grantee in a timely manner if any problems arise that may affect the terms of this agreement.
5
MEMORANDUM OF UNDERSTANDING
RESIDENTIAL TARGET MARKET ANALYSIS
The City of Muskegon (Muskegon), County of Muskegon (“County”), City of Muskegon
Heights (“Muskegon Heights”) and the City of Norton Shores (Norton Shores) agree to assist
each other with developing a residential Target Market Analysis (“TMA”) for specified areas in
the County of Muskegon.
To assist in the TMA, the Michigan State Housing Development Authority (“MSHDA”)
has provided a grant to Muskegon, a copy of which is attached as Exhibit 1, for up to one half of
the cost of the TMA, but not to exceed $15,000. Muskegon, County, Muskegon Heights, and
Norton Shores have committed varying amount of monies, as specified below, toward the TMA.
1. City of Muskegon Obligations. Muskegon shall undertake the following:
1.1 Muskegon has executed the Housing Development Grant Agreement, Grant
#HDF-283, which is attached as Exhibit 1, and shall administer the Grant.
Muskegon shall retain an individual or entity to perform a residential TMA.
The TMA shall identify opportunities for specific housing products and price
ranges based upon an in-depth assessment of housing needs in specified areas
of Muskegon, Muskegon Heights, Norton Shores, the City of Roosevelt Park,
the Montague/Whitehall area, and the Township of Fruitport.
1.2 The focus of the TMA in Muskegon shall be on the downtown and adjacent
neighborhoods, including the Nelson Neighborhood and Third Street District
as it relates to the MI Neighborhood Grant
1.3 Muskegon shall contribute $4,500 towards the TMA. To the extent that
Muskegon asks for any additional work from the individual or entity hired to
perform the TMA, such additional work shall be paid for by Muskegon alone.
1.4 Muskegon commits to advertise the results of the TMA relating to Muskegon.
1.5 If the TMA determines a market for a particular housing type, Muskegon
commits to complete a development project aligned with the results of the
TMA within three years of issuance of the TMA. Failure to satisfy this
provision, in the sole discretion of MSHDA, shall result in Muskegon being
obligated to pay to MSHDA 0.28125% of the amount of the MSHDA Grant.
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\MOU-City Heights NS Co Residenti
(3).doc
2. County of Muskegon Obligations. County shall undertake the following:
2.1 The TMA for the County shall focus on areas in the City of Roosevelt Park,
the Montague/Whitehall area, and the Township of Fruitport. The focus shall be
on who is likely to live in those communities and the desired type of housing for
purchase or rehabilitation.
2.2 County shall contribute $5,500 towards the TMA. To the extent that County
asks for any additional work from the individual or entity hired to perform the
TMA, such additional work shall be paid for by County alone.
2.3 County commits to advertise the results of the TMA relating to the City of
Roosevelt Park, the Montague/Whitehall area and the Township of Fruitport.
2.4 If the TMA determines a market for a particular housing type in the City of
Roosevelt Park, in the Montague/Whitehall area and/or in the Township of
Fruitport and a development project aligned with the results of the TMA in each
of the communities has not been within three years of issuance of the TMA, in the
sole discretion of MSHDA, the County shall be obligated to pay to MSHDA
0.34375% of the amount of the MSHDA Grant.
3. City of Muskegon Heights Obligations. Muskegon Heights shall undertake the
following:
3.1 The focus of the TMA in Muskegon Heights shall be on the entire City in
order to encourage housing opportunities with the goal of stabilizing the
community and support economic development. The TMA shall include
identifying additional types of housing and desired density.
3.2 Muskegon Heights shall contribute $2,500 towards the TMA. To the extent
that Muskegon Heights asks for any additional work from the individual or entity
hired to perform the TMA, such additional work shall be paid for by Muskegon
Heights alone.
3.3 Muskegon Heights commits to advertise the results of the TMA relating to
Muskegon Heights.
3.4 If the TMA determines a market for a particular housing type, Muskegon
Heights commits to complete a development project aligned with the results of the
TMA within three years of issuance of the TMA. Failure to satisfy this provision,
in the sole discretion of MSHDA, shall result in Muskegon Heights being
obligated to pay to MSHDA 0.15625% of the amount of the MSHDA Grant.
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\MOU-City Heights NS Co Residenti
(3).doc
4. City of Norton Shores Obligations. Norton Shores shall undertake the following:
4.1 The focus of the TMA in Norton Shores shall be on the area bounded by
Henry Street, W. Norton Avenue, Business US-31, and Seminole Road.
4.2 Norton Shores shall contribute $3,500 towards the TMA. To the extent that
Norton Shores asks for any additional work from the individual or entity hired to
perform the TMA, such additional work shall be paid fro by Norton Shores alone.
4.3 Norton Shores commits to advertise the results of the TMA relating to Norton
Shores.
4.4 If the TMA determines a market for a particular housing type, Norton Shores
commits to complete a development project aligned with the results of the TMA
within three years of issuance of the TMA. Failure to satisfy this provision, in the
sole discretion of MSHDA, shall result in Norton Shores being obligated to pay to
MSHDA 0.21875% of the amount of the MSHDA Grant.
5. Miscellaneous.
5.1 Refund of Monies: If the full $31,000 is not used for the TMA, MSHDA
shall be obligated to pay only 50% of the actual cost and shall be refunded any
amount MSHDA has paid in excess of the 50%. The balance of any excess
monies shall be returned to Muskegon, County, Muskegon Heights and Norton
Shores in the same proportion that it was contributed.
5.2 Document Delivery. County, Muskegon Heights and Norton Shores shall
provide Muskegon such information and documents that it requests, at no cost to
Muskegon, in furtherance of Muskegon’s obligations to administer the Housing
Development Grant Agreement, Grant #HDF-283.
5.3 Execution of Housing Development Grant Agreement, Grant #HDF-283.
After the execution of the Housing Development Grant Agreement, Grant #HDF-
283 by Muskegon and MSHGDA and after execution of this Memorandum of
Understanding but prior to the disbursement of Grant funds from MSHDA, each
signatory to this Memorandum shall execute an acknowledgement of the
conditions of the Housing Development Grant Agreement, Grant #HDF-283 and
shall pay Muskegon its portion of the local match, as specified above.
5.4 Counterparts. This agreement may be executed simultaneously in
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\MOU-City Heights NS Co Residenti
(3).doc
5.5 Termination. Either party may terminate this contract on or before December
15 of each year. If not terminated by that date, both parties are obligated to
comply with this contract until the following December 15, at which point it may
be terminated.
5.6 Entire Agreement/Amendments. This agreement and attached Exhibit 1 sets
forth all of the promises, covenants, agreements, conditions, and undertakings
between the parties with respect to the subject matter of this agreement and
supercedes all prior and contemporaneous agreements and understandings,
inducements, or conditions, express or implied, oral or written, relating to this
matter, except as contained within this agreement. This agreement may not be
changed orally, but only by an agreement in writing, duly executed by or on
behalf of the party or parties against whom enforcement of any waiver, change,
modification, consent or discharge is sought.
5.7 Effective Date. This agreement shall be effective immediately upon
execution.
CITY OF MUSKEGON
Dated: _____________, 2014 By_________________________________
Stephen J. Gawron, Its Mayor
And________________________________
Ann Marie Cummings, MMC, Its Clerk
COUNTY OF MUSKEGON
Dated: _____________, 2014 By_________________________________
Kenneth Mahoney, Its Chairman
And________________________________
Nancy Waters, Its Clerk
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\MOU-City Heights NS Co Residenti
(3).doc
CITY OF MUSKEGON HEIGHTS
Dated: _____________, 2014 By_________________________________
Darrell Paige, Its Mayor
And________________________________
Sharon Gibbs, Its Clerk
CITY OF NORTON SHORES
Dated: _____________, 2014 By_________________________________
Gary Nelund, Its Mayor
And________________________________
Lynne Fuller, CMC Its Clerk
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\MOU-City Heights NS Co Residenti
(3).doc
Date: November 11, 2014
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: MetroPCS First Amendment to the Tower Lease
Agreement
SUMMARY OF REQUEST:
Approve the staff negotiated amendment to the contract with MetroPCS for
tenant equipment upgrades to Nims Street water tower and authorize the
Mayor and Clerk to sign said amendment.
MetroPCS Michigan Inc. a Delaware limited liability company and the
Department of Public Works have been in negotiations to amend the 2009
Lease Agreement for the Nims Street water tower.
This First Amendment would allow MetroPCS to change the type of
antennas and perform other upgrade to its equipment but will not increase
the number of antennas currently installed on the tank.
FINANCIAL IMPACT:
Monthly rental will increase from $1,970.77 per month to $2,045.77
escalating at the rate of 3% annually for the life of the contract.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve this First Amendment to the 2009 Lease Agreement and to
authorize the Mayor and Clerk to sign.
FIRSTAMENDMENT TO THE
COMMUNICATIONS SITE LEASE AGREEMENT
This FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(“Amendment”) is effective this ___ day of _________, 2014, and is intended to modify that certain
Communications Site Lease Agreement dated January 16, 2009, (“Lease”) between City of Muskegon, a
Michigan Municipal Corporation (“Lessor”) and MetroPCS Michigan, Inc. a Delaware limited liability
company (“Lessee”).
WHEREAS, Lessor and Lessee entered into a Lease Agreement (Communications Site License
Agreement), dated January 16, 2009, and both desire to amend as follows;
NOWTHEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Lessor and Lessee agree as follows:
1. Lessee is currently paying $1970.77 and shall increase its monthly rent to $2045.77. Lessee’s annual
rent escalation shall remain at 3%.
2. Within 60 days from project completion, Lessee shall have Dixon Engineering perform a post
construction analysis to confirm no damage was done to the tower and equipment installed in
accordance to the design by Dixon Engineering.
3. Unless otherwise provided herein, all defined terms shall have the same meaning as ascribed to such
terms in the Lease.
4. In the event of any conflict or inconsistency between the terms of this Amendment and the Lease, the
terms of this Amendment shall govern and control.
5. Except as otherwise provided for in this Amendment, the Lease shall remain in full force and effect in
accordance with the original terms of the Lease.
IN WITNESS WHEREOF, this Amendment is effective and entered into as of the date first
written above.
Lessor: Lessee:
By: By:
Its: Its:
Site Number: MU04514M 1
Site Name: MUS2815-MU04514M
Market: Michigan
[Notary block for Corporation, Partnership, Limited Liability Company]
STATE OF __________________ )
) ss.
COUNTY OF ________________ )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: ________________________
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
STATE OF ____________________ )
) ss.
COUNTY OF ___________________ )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
of _____________________________ to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: ________________________
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
Site Number: MU04514M 2
Site Name: MUS2815-MU04514M
Market: Michigan
Date: November 11, 2014
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: New Cingular Wireless Fourth Amended Tower Lease
Agreement
SUMMARY OF REQUEST:
Approve the staff negotiated amendment to the contract with New Cingular
Wireless to add three more antennas to the Marshall Street water tower and
authorize the Mayor and Clerk to sign said amendment.
New Cingular Wireless PCS, LLC a Delaware Corporation and the
Department of Public Works have been in negotiations to amend the Third
Amendment to the 1998 Lease Agreement for the Nims Street and Marshall
Street water towers.
This Fourth Amendment would allow New Cingular Wireless to install, on
Marshall Street water tower only, up to a total of 12 antennas, 3 additional
antennas from the current number of 9.
FINANCIAL IMPACT:
Monthly rental will increase from $9,077.54 per month to $9,877.54
escalating at the rate of 3% annually for the life of the contract which ends in
2018.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve of the Fourth Amendment to the 1998 Lease Agreement and to
authorize the Mayor and Clerk to sign.
Market: MI / IN Market: MI/IN
Cell Site Number: GRANMI5602 Cell Site Number: GRANMI5603
Cell Cite Name: MUSKEGON MARSHALL WT Cell Site Name: MUSKEGON NIMS WT
Fixed Asset Number: 10124756 Fixed Asset Number: 10124755
FOURTH AMENDMENT TO THE SITE LEASE
THIS FOURTH AMENDMENT TO THE SITE LEASE (“Fourth Amendment”) is made this
______ day of ____________, 2014, by and between City of Muskegon, a Michigan Municipal
Corporation, whose mailing address is 933 Terrace Street, Muskegon, Michigan 49443 (“Owner”),
and New Cingular Wireless PCS, LLC, a Delaware limited liability company, with an address of
12555 Cingular Way, Suite 300, Alpharetta, Georgia 30004, as successor in interest to Dobson
Cellular Systems, Inc. (“Tenant”).
WITNESSETH:
WHEREAS, Owner and Tenant’s predecessor-in-interest entered into that certain Site Lease
on October 1, 1998 (the “Site Lease”), whereby Tenant was granted the right to use certain space on
the Property of existing Water Tanks commonly known as “Marshall Street Water Tank” and “Nims
Street Water Tank”, for the construction, operation and maintenance of a telecommunications facility;
and where Owner and Tenant entered into that First Amendment To The Site Lease on January 29,
2009 to modify the antenna installation on both Water Tanks (collectively, the “Water Tanks”), and
where Owner and Tenant further entered into that Second Amendment To The Site Lease on August
17, 2012 to modify the antenna installation on the Water Tanks, and where Owner and Tenant further
entered into that Third Amendment To The Site Lease on September 23, 2014 to modify the antenna
installation on the Nims Street Water Tank; and
WHEREAS, Owner and Tenant, desire to modify the equipment at the Marshall Street water
tank; and
WHEREAS, Owner and Tenant, in their mutual interest, wish to amend the Site Lease, First,
Second and Third Amendments (collectively, the “Agreement”) as set forth below accordingly.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. Owner and Tenant agree and acknowledge that Tenant may install on each Water Tank
the equipment described in the attached Exhibit A-1A. Exhibit A-1A hereby replaces Exhibit A-1 to
the Site Lease however this amendment shows installation changes on the Marshall Street water
tank only, as part of the Antenna Facilities.
2. Owner and Tenant agree and acknowledge that the rent shall increase by Eight Hundred
and 00/100 ($800.00) per month, effective the first of the month immediately following the start of
construction on the Marshall Street water tank. Current rent is $9077.54 per month, and the new rent
will be $9,877.54 per month for both Water Tanks. The rent escalation of 3% annually will be in
force during the remainder of the current term and for any remaining terms of the Site Lease.
3. Except as provided in this Fourth Amendment, every term, condition and agreement
contained in the Agreement will remain in full force and effect. If there is any inconsistency between
the terms of the Agreement, the terms of this Fourth Amendment will govern.
Market: MI / IN Market: MI/IN
Cell Site Number: GRANMI5602 Cell Site Number: GRANMI5603
Cell Cite Name: MUSKEGON MARSHALL WT Cell Site Name: MUSKEGON NIMS WT
Fixed Asset Number: 10124756 Fixed Asset Number: 10124755
IN WITNESS WHEREOF, Owner and Tenant have executed this Fourth Amendment on
the day and year first above written.
Owner: Tenant:
City of Muskegon, New Cingular Wireless PCS, LLC,
A Michigan Municipal Corporation Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: ____________________________ By: ________________________________
Name: _________________________ Name: _____________________________
Its: Mayor Its: Manager
Date: ________________________ Date: ________________________
By: _________________________
Name: _________________________
Its: City Clerk
Date: ________________________
Market: MI / IN Market: MI/IN
Cell Site Number: GRANMI5602 Cell Site Number: GRANMI5603
Cell Cite Name: MUSKEGON MARSHALL WT Cell Site Name: MUSKEGON NIMS WT
Fixed Asset Number: 10124756 Fixed Asset Number: 10124755
EXHIBIT “A-1A”
Communications Equipment
GRANMI5602 / MUSKEGON MARSHALL WATER TANK / FA# 10124756:
Antenna Center Line RAD at 144’ A.G.L
Three (3) Powerwave 7740 antennas
Three (3) Powerwave 7770 antennas
Six (6) KMW ET-X-US-70-16-70-18-iR-AT antennas
Six (6) TMAs
Nine (9) RRHs
Two (2) FC12 Raycap DC Surge Suppression units (COVP boxes)
Three (3) DC2 Raycap DC Surge Suppression units
One (1) 3/8” RET/Home Run cable (Remote Electric Tilt)
One (1) Fiber trunk
Four (4) DC power Cables
Twelve (12) 1-5/8” coax cables
GRANMI5603 / MUSKEGON NIMS WATER TANK / FA# 10124755:
Antenna Center Line RAD at 147’ A.G.L
(3) Powerwave RA21.7770.00 antennas
(3) Powerwave RA11.7740.00 antennas
(6) Commscope SBNHH-1D65C antennas
(6) Powerwave LGP21401 TMAs
(3) Powerwave LGP18601 TMAs
(3) TMA (future)
(12) 1-5/8” coax cables
(1) 3/8” RET/Home Run cable (remote electric tilt)
(1) Fiber trunk
(4) DC power trucks
(6) Alcatel-Lucent RRH (remote radio heads)
(3) RRH (future)
(1) DC6-48-60-18-8F Raycap DC Surge Suppression unit
(1) DC6-48-60-0-8F Raycap DC Surge Suppression unit
(1) Surge Suppression Unit (future)
12’x20’ Ground Lease Space
Date: November 10, 2014
To: Honorable Mayor and City Commissioners
From: Franklin Peterson, City Manager
RE: City Legal Services Contract
SUMMARY OF REQUEST: The contract with Parmenter O’Toole expires December
31, 2014. We are requesting approval of a six-month extension so that the legal
services contract could correspond with the City’s fiscal year.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the six-month extension.
Commission Meeting Date: November 10, 2014
Date: November 4, 2014
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transmittal of 6/30/14 Comprehensive Annual Financial Report
SUMMARY OF REQUEST: The City's June 30, 2014 Comprehensive Annual
Financial Report (CAFR) has previously been distributed to City Commissioners via
email and hard copy. The CAFR is also available on the City’s website at
www.shorelinecity.com. The CAFR includes the annual independent auditor’s report
as required by state law. At this time the CAFR is being formally transmitted to the
City Commission. The CAFR has been prepared in accordance with all current
Governmental Accounting Standards Board (GASB) pronouncements and also
includes the single-audit of federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City's financial activities
for the year and includes the independent auditor's unmodified opinion on the City's
financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2014 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and private
agencies.
COMMITTEE RECOMMENDATION: None.
Sign up for City of Muskegon Emails