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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 14, 2016
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
A. Recognition of Spring 2016 Citizen’s Academy Graduates Public
Safety
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Gaming License Request from Lakeshore Museum Center City Clerk
C. Special Event Liquor License – Farmer’s Market City Clerk
D. Special Event Request – Burning Foot Beer Festival Request to Allow
Overnight Camping at Pere Marquette Park – Planning & Economic
Development
E. Love Bites Treatery Concession Contract for City of Muskegon Parks
Department of Public Works
F. Keep in Touch Massage Concession/Business Contract for City of
Muskegon Parks Department of Public Works
G. Memorandum of Understanding – Justice Assistance Grant Public
Safety
H. Special Liquor Licenses – Rebel Road Public Safety
I. Sale of Buildable Vacant Lot at 88 Monroe Planning & Economic
Development
J. MDOT-City 2nd Amendment of the Agreement for Muskegon & Webster
Engineering
□ PUBLIC HEARINGS:
A. Transmittal of 2016-17 Proposed Budget City Manager
B. Public Hearing – Request to Establish an Obsolete Property District –
1129 3rd Street Planning & Economic Development
C. Public Hearing – Request to issue an Obsolete Property Certificate –
Hamburger Mikey, LLC – 1129 3rd Street Planning & Economic
Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ 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:
A. Discuss City Manager Evaluation
□ 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 MEISCH, 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.
Date: June 8, 2016
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the May 24, 2016 Regular
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 24, 2016
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, May 24, 2016.
Pastor Matthew Sharpe, Evanston Avenue Baptist Church, opened the meeting
with prayer, 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 Eric Hood, Commissioners Debra
Warren, Willie German, Jr., Dan Rinsema-Sybenga, and Byron Turnquist, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Commissioner Ken Johnson
2016-42 INTRODUCTIONS/PRESENTATION:
A. Presentation to Jaylyn
There is a young girl that is a resident of the City of Muskegon who has been
diagnosed with a very serious illness. Jaylyn has been very brave in the face of
much adversity and was recognized at the meeting for her bravery.
B. MAISD Superintendent, John Severson, Presentation Regarding
Muskegon Promise
John Severson, MAISD Superintendent, presented information to the Commission
regarding the Muskegon Area Promise – a scholarship program that will fund
either a certificate program, a two-year Associate’s Degree or the first two years
of a Bachelor’s Degree at Muskegon Community College or Baker College of
Muskegon.
2016-CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY REQUEST: To approve minutes of the May 9, 2016 Worksession
Meeting and the May 10, 2016 Regular City Commission Meeting.
Page 1 of 10
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for the 2nd of July Celebration at Heritage
Landing City Clerk
SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks
display permit for July 2nd at Heritage Landing. Fire Marshall Metcalf has
reviewed the request and recommends approval contingent on inspection of
the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
C. 2016-2017 Michigan Municipal League Membership Dues City Clerk
SUMMARY OF REQUEST: Approval to pay the 2016-2017 MML dues in the
amount of $9,676. This is an increase of $29.
FINANCIAL IMPACT: MML Dues $8,796
Legal Defense Fund $ 880
Total
$9,676
STAFF RECOMMENDATION: Approval.
D. 2016-2017 Muskegon High School Community Officer Agreement
Public Safety
SUMMARY OF REQUEST: To approve the 2016-2017 Muskegon High School
Community Officer Agreement. This agreement provides Muskegon High School
with a Community Officer during the nine months school is in session.
FINANCIAL IMPACT: Muskegon Public Schools agrees to pay the City of
Muskegon $2,388.10 each month, from September 2016 through May 2017,
totaling $21,492.90.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the 2016-2017 Muskegon High School
Community Officer Agreement.
E. 2016-17 Healthcare & Wellness Program Finance Department
SUMMARY OF REQUEST: It is time to renew the City’s healthcare coverage for
2016-17 plan year (6/1/16 – 5/31/17). Renewal premiums for the City’s current
healthcare program came in at a 7% increase over the current year. Last year
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we experienced an increase of 9.9%. In comparative terms, many employers
have been experiencing sharp double-digit rate increases for several years.
Also, the City’s healthcare costs remain below the “hard cap limits” set by PA
152 and remain cost competitive with the standards set by the state for new
hires. These are good independent indicators that the City’s program is cost-
effective.
Starting June 1, 2016, the deductible will be increased from $2,000 for an
individual and $4,000 for double/family to $2,500 for an individual and $5,000 for
double/family. In addition, the coinsurance will change from 80/20% to 70/30%
effective June 1, 2016.
For 2016-17, the City will continue to pay the HRA deductible if the employee
and spouse completed the wellness requirements by March 31st; non-
participants in the wellness program will continue to pay the first $500
(single)/$1,000 (double/family) of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the
Priority Health HMO Program compared with the current healthcare plan year:
Full-time City employees pay 10% of the above premium costs through payroll
deduction.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be
included in the forthcoming 2016-17 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
Health to renew employee healthcare coverage for the coming year.
F. Consideration of Bids for: Repairs to the Boardwalk at Kruse Park
Engineering
SUMMARY OF REQUEST: To authorize staff to enter into a minor repairs contract
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(no bonds) with Midwest Builders LLC, for a total estimated bid of $19,450 since
they were the lowest responsible bidder.
FINANCIAL IMPACT: The construction cost of $19,450 plus engineering costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into a repairs contract
with Midwest Builders for an estimated price of $19,450.
I. Midtown Square – Authorization for Staff to Negotiate and Close on Sale
of Homes Planning & Economic Development
SUMMARY OF REQUEST: Construction of the Midtown Square Homes has been
completed for four homes and is being completed for five homes. There have
been several showings and one purchase offer to date. As it is necessary to
move quickly on the sales negotiations, staff is requesting that the Director of
Community & Economic Development and/or the Zoning Administrator/Planner
III be authorized to sign the purchase agreements and closing documents for
the homes, as determined by the final negotiated purchase price.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the
resolution authorizing the Director of Community & Economic Development
and/or the Zoning Administrator/Planner III to sign purchase agreements and
closing documents for the Midtown Square homes at a price to be determined
by the City Manager.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Consent Agenda as presented with the exception of Items G, H,
and J.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Gawron, and
Hood.
Nays: None
MOTION PASSES
2016-44 ITEMS REMOVED FROM CONSENT AGENDA:
G. Authorization of Community Housing Development Organization
(CHDO) Agreements Community & Neighborhood Services
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign the 2015
approved agreements for the City’s Community Housing Development
Organization reserve and operating funds. The City Commission approved a
budget of $100,000 to Community Housing Development Organization
nonprofits last spring during the City’s annual Action Plan process.
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1. Community enCompass $85,000
2. Habitat for Humanity $22,000*
*Includes city HOME funding
After the Mayor and Clerk sign the contracts, the CNS office will retain one copy
for our files and a copy will be supplied to the appropriate nonprofit for their
records.
FINANCIAL IMPACT: Funding will be allocated from the 2015 HOME
program.
BUDGET ACTION REQUIRED: The City Commission made budgeting allocation
decision last year.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign agreements.
COMMITTEE RECOMMENDATION: Citizen District Council approved.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to direct the Mayor and Clerk to sign agreements.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Gawron, Hood, and
Warren.
Nays: None
MOTION PASSES
H. Approval of Neighborhood Enterprise Zone Certificates Planning &
Economic Development
SUMMARY OF REQUEST: The City is applying for Neighborhood Enterprise Zone
(NEZ) certificates for the construction of the Midtown Square Homes at:
294 Monroe Avenue 300 Monroe Avenue 308 Monroe
Avenue
314 Monroe Avenue 320 Monroe Avenue 333 Houston
Avenue
339 Houston Avenue 345 Houston Avenue 349 Houston
Avenue
The State Tax Commission allows applicants to apply for an NEZ Certificate up to
six months after construction commencement if the local unit of government is
willing to approve. The estimated cost for construction for the homes is:
294 Monroe Avenue - $172,640 300 Monroe Avenue - $161,605
308 Monroe Avenue - $193,670 314 Monroe Avenue - $173,000
320 Monroe Avenue - $182,420 333 Houston Avenue - $172,875
339 Houston Avenue - $182,260 345 Houston Avenue - $162,290
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349 Houston Avenue - $172,115
The City plans on transferring the NEZ certificate to the buyer once the property
is sold.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next
12 years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the NEZ certificate.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the NEZ Certificates.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Gawron, Hood, Warren, and
German.
Nays: None
MOTION PASSES
J. Muskegon City Employee Homeownership Program Planning &
Economic Development
SUMMARY OF REQUEST: It is important to encourage the City employees to live
in the City of Muskegon and enjoy the benefits of homeownership, when
feasible. In addition, the City has invested time and money into eliminating
blight and restoring central city neighborhoods. In keeping with both of these
objectives, a “Muskegon City Employee Homeownership Program” is proposed.
City employees purchasing a home within the City will be eligible for up to $500
toward a down payment, as well as the possibility of a forgivable loan, from
$1,500 to $4,500 depending on the neighborhood where the home is
purchased.
FINANCIAL IMPACT: For employees meeting the condition of the “Program”,
the City will provide a $500 match toward a down payment on a home, with the
possibility of an additional $1,500 to $4,500 forgivable loan, depending on the
neighborhood where the home is located.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Muskegon City Employee
Homeownership Program” and authorize staff to implement the program and
provide to City employees purchasing a home in the City a down payment
match up to $500, as well as the possibility of a $1,500 to $4,500 forgivable loan,
depending on neighborhood where the home is located.
Motion by Commissioner Turnquist, second by Vice-Mayor Hood, to approve
the “Muskegon City Employee Homeownership Program.”
Motion by Commissioner Turnquist, second by Commissioner Warren, to amend
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the motion by striking – “depending on neighborhood where the home is
located” in the description – effectively expanding the ownership program City
wide.
ROLL VOTE: Ayes: Turnquist
Nays: Gawron, Hood, Warren, German, and Rinsema-Sybenga
MOTION FAILS
VOTE ON ORIGINAL MOTION
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, and Rinsema-Sybenga
Nays: Turnquist
MOTION PASSES
2016-45 PUBLIC HEARINGS:
A. Create a Special Assessment District for Alley Between 4th – 5th –
Muskegon – Webster Engineering
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Alley between 4th – 5th – Muskegon – and Webster, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
The request is the result of a petition for paving which was signed by the majority
of the property owners abutting the aforementioned alley. It is also worth
mentioning that the “estimated cost figures previously shared with the owners
($28,207), via the notification of this hearing, is expected to rise substantially
(more than 20%) due to higher bid prices.
FINANCIAL IMPACT: About $35,000, which is expected to be assessed to
abutting property owners, including the City.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and
assign two City Commissioners to the Board of Assessors by adopting the
resolution.
PUBLIC HEARING COMMENCED:
Rick Boyden, resides in Norton Shores, Treasurer of Temple of Israel – opposed
Kevin Huss, 421 W. Webster – opposed
Millie Richardson, 362 W. Muskegon – in favor but asking to waive engineering
costs.
Motion by Commissioner German, second by Commissioner Warren, to close
the Public Hearing and to create the special assessment district and to assign
two City Commissioners to the Board of Assessors by adopting the resolution in
Page 7 of 10
regards to the paving of the alley between 4th – 5th – Muskegon – and Webster.
ROLL VOTE: Ayes: Warren
Nays: Gawron, Hood, German, Rinsema-Sybenga, and Turnquist
MOTION FAILS
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
Gawron
Nays: None
MOTION PASSES
2016-45 NEW BUSINESS:
A. Consideration of Bids for Paving of the Alley Between 4th – 5th –
Muskegon – Webster Engineering
SUMMARY OF REQUEST: To award the Alley paving project to McCormick Sand,
Inc. since they were the lowest responsible bidder with a total bid price of
$32,825.
This award, if approved, should be contingent upon the creation of the special
assessment district for this project.
FINANCIAL IMPACT: The construction cost of $32,825 plus engineering cost
of an additional 15%.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Award the contract to McCormick Sand for a bid
price of $32,825 if the special assessment district is created.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
reject all bids for the alley paving for 4th – 5th – Muskegon – and Webster as the
creation of the special assessment district was rejected.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Gawron, and
Hood.
Nays: None
MOTION PASSES
B. Parkland Muskegon – City Property Agreements Planning & Economic
Development Department
SUMMARY OF REQUEST: The City of Muskegon entered into a development
agreement with Parkland Muskegon, LLC on September 4, 2007. The
Development Agreement was amended on March 26, 2013. It is now requested
Page 8 of 10
to enter into a Second Amendment to the Development Agreement. The
Second Amendment removes Parkland’s requirement to construct 24 new
market housing units on the property adjacent to High Point Flats, and includes
the sale of this property to the City, on the condition that the City builds a
parking lot within twelve months of closing on the property. The parking lot will
be available for the properties on the block, including High Point Flats and
Ameribank. High Point Flats will be responsible for 60% of the annual costs
related to the parking lot (and Ameribank will be responsible for 40%). In
addition, Parkland is required to complete the exterior renovation of High Point
Flats by June 30, 2017, as well as “use reasonable efforts” to complete the
interior renovation by June 30, 2017 (which includes constructing 48 market rate
housing units).
FINANCIAL IMPACT: The purchase price to the City for the property
adjacent to High Point Flats is $1.00. In addition, a special assessment in the
amount of $121,330.00 will be placed on the December 2016 property tax bill for
High Point Flats. If $3 million is spent by Parkland between the signing of the
Development Agreement and June 30, 2017, the City will not exercise its rights to
collect the special assessment and it will be discharged and deemed paid in
full.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Agreement” between the City
of Muskegon and Parkland Muskegon, LLC, as well as the “Second Amendment
to Development Agreement” between the City of Muskegon and Parkland
Muskegon, LLC, and authorize the Mayor and Clerk to sign all necessary
documents, including closing documents at the time of sale. In addition,
authorize staff to work with the City Attorney to develop “Exhibit B” and include
that in the final “Second Amendment to Development Agreement”.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the “Agreement” between the City of Muskegon and Parkland
Muskegon, LLC as well as the “Second Amendment to the Development
Agreement” between the City of Muskegon and Parkland Muskegon, LLC and
authorize the Mayor and Clerk to sign all necessary documents, including
closing documents at the time of sale. In addition, authorize staff to work with the
City Attorney to develop “Exhibit B” and include that in the final “Second
Amendment to Development Agreement”.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Gawron, Hood, and
Warren.
Nays: None
MOTION PASSES
C. Ameribank Building – Option Agreement between the City of
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Muskegon and Port City Construction & Development Services, LLC
Planning & Economic Development
SUMMARY OF REQUEST: The City issued a Request for Proposal for the former
Ameribank Building at 800 First Street. One viable proposal was received by the
deadline of March 31, 2016. Staff has met with the proposed purchaser and an
Option Agreement has been prepared between the parties. The term of the
Option is through October 1, 2016, with an extension possible through January 1,
2017. The option is for 800 First Street, which will be returned to production use as
a mixed-use commercial and residential development. The purchase price is
$1.00, plus a total earnest money deposit of $20,000 (to be returned to the
purchaser upon completion of the project). In addition, the City will offer a loan
of $100,000 in support of the project. The City will develop surface parking on
adjacent lots (208 & 216 Clay Avenue). The parking will be shared with other
developments on the block, with 40% of the maintenance costs to be paid by
the purchaser.
FINANCIAL IMPACT: Although the purchase price for the building is minimal,
the building will be renovated and put back into production use and its
occupants will generate taxes for the City in the future.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Option Agreement between the
City of Muskegon and Port City Construction & Development Services, LLC and
authorize the Mayor and Clerk to sign all necessary documents, including
closing documents at the time of sale.
Motion by Commissioner Warren, second by Commissioner German, to approve
the Option Agreement between the City of Muskegon and Port City Construction
& Development Services, LLC and authorize the Mayor and Clerk to sign all
necessary documents, including closing documents at the time of sale.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Gawron, Hood, Warren, and German.
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission adjourned at 7:16 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
Page 10 of 10
Date: June 8, 2016
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Gaming License Request from Lakeshore
Museum Center
SUMMARY OF REQUEST: The Lakeshore Museum Center is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Date: June 14, 2016
To: Honorable Mayor and City Commissioners
From: CITY CLERK’S OFFICE
RE: Special Event Liquor License – Farmers Market
SUMMARY OF REQUEST: At the May 9, 2016 Commission meeting, staff
requested approval for a special liquor license on June 30, July 7, July 28, August 11,
and September 24.
After further review, staff has decided not to utilize a liquor license for Thursday
events this year. We are requesting to modify the request for a special liquor license
on July 30th, September 10th, and September 24th (this date was previously
approved by Commission). The two added dates are fundraisers at the market.
FINANCIAL IMPACT: $50 permit from the State for every date requested.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a special liquor license for the dates of
July 30, September 10, and September 24, 2016.
CITY COMMISSION MEETING DATE
June 14, 2016
Date: May 27, 2016
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: Special Event Request – Burning Foot Beer Festival
Request to allow overnight camping at Pere
Marquette Park
SUMMARY OF REQUEST: The Lakeshore Brewer’s Guild is holding their 2nd annual
Burning Foot Beer Festival at Pere Marquette Park on Saturday, August 27, 2016.
This year, they are requesting permission to allow tent camping overnight on the
beach on Saturday night. They plan to limit the number of tents to 75 for the first
year. The designated camping area is 150’ x 250’ and will be defined by a fence as
shown on the attached site plan. They will have security present overnight and porta-
jons available in the camping area. Event volunteers will be there to check people in.
There will be no alcohol in the camping area.
In addition, they would like to allow an estimated 24 RVs to park across the street in
the large Ovals parking lot on Friday night and Saturday night. The RV’s will be for
brewers and festival organizers, who will start setting up on Friday night and
Saturday morning.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval
COMMITTEE RECOMMENDATION: N/A
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: June 14, 2016
SUBJECT: Love Bites Treatery Concession Contract for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into a 1-year contractual agreement with Devin “Josie”
Richardson of Love Bites Treatery LLC, at Kruse Park, located within the City of Muskegon, to
sell organic dog treats from a concession stand/informational booth.
FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession agreement with Devin “Josie” Richardson of Love
Bites Treatery LLC.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: June 14, 2016
SUBJECT: Keep in Touch Massage Concession/Business Contract for City of Muskegon
Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into a 1-year contractual agreement with Laura Crawford of
Keep in Touch Massage, at various parks as outline in attached proposal, located within the City
of Muskegon, to provide chair massages.
FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession/business agreement with Laura Crawford of Keep
in Touch Massage.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: June 14, 2016
Date: June 7, 2016
To: Honorable Mayor and City Commissioners
From: Jeffrey A. Lewis
Director of Public Safety
RE: Memorandum of Understanding – Justice Assistance Grant
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director
and the City Manager to enter into an agreement with the City of Muskegon Heights
and Muskegon County in regards to the disbursement of the FY 2016 Justice
Assistance Grant. It is further requested that the Mayor be authorized to sign the
Memorandum of Understanding. Note that time is of the essence as this grant
requires a 30-day governing body review period and the grant submission and the
grant deadline is June 30.
Although the Bureau of Justice Assistance has designated us as being in a disparate
funding situation due to the County providing more than 50% of the jail facilities, our
proposal is to keep the allocations exactly as they initially came down from the BJA
which is as follows: County of Muskegon $ 0; City of Muskegon $26,703 and
City of Muskegon Heights $19,085. Note that BJA uses crime data versus
population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the manner in
which the previous year’s JAG funding was used, which is for the prosecution of City
ordinance cases dealing primarily with neighborhood issues.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of this request.
MEMORANDUM OF UNDERSTANDING
THE CITY OF MUSKEGON
THE COUNTY OF MUSKEGON
THE CITY OF MUSKEGON HEIGHTS
FY 2016 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
Regular Funding/Local Solicitation
This Agreement is made and entered into on the ________th day of June, 2016, by and
between the County of Muskegon, acting by and through its governing body, the Board of
County Commissioners, located at 990 Terrace Street, Muskegon, Michigan 49442 and the
City of Muskegon, acting by and through its governing body, the City Commission, located
at 933 Terrace Street, Muskegon, Michigan 49443-0536, and the City of Muskegon Heights,
acting by and through its governing body, the City Council, located at 2724 Peck Street,
Muskegon Hts., MI 49444, all of Muskegon County, State of Michigan, witnesseth:
WHEREAS, the CITY OF MUSKEGON has agreed to serve as the applicant/fiscal agent
for the joint funds under the: Justice Assistance Grant(Local Solicitation) as the Bureau of
Justice Assistance has designated the allocation to the law enforcement communities in
Muskegon County as a disparate allocation; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions, hereunder, shall make that performance or
those payments from current revenues legally available to that party; and
WHEREAS, each governing body find that the performance of this Agreement is in the
best interest of all parties, that the undertaking will benefit the public, and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
Page 1 of 3
WHEREAS, the breakdown of allocated funding agreed upon by those entities involved
in the disparate funding is $ 26,703 to the CITY OF MUSKEGON and $ 19,085 to the CITY
OF MUSKEGON HEIGHTS; and
WHEREAS, the CITY OF MUSKEGON, CITY OF MUSKEGON HEIGHTS and COUNTY OF
MUSKEGON believe it to be in their best interests to allocate the JAG funds as specified in
this Agreement.
NOW THEREFORE, THE COUNTY OF MUSKEGON, CITY OF MUSKEGON AND CITY OF
MUSKEGON HEIGHTS agree as follows:
AGREEMENT
1. THE CITY OF MUSKEGON will act as the fiscal agent/applicant agency.
2. The total eligible joint allocation for the disparate jurisdictions of $ 45,788 will be
allocated as follows: COUNTY OF MUSKEGON - $ 0; CITY OF MUSKEGON - $26,703
CITY OF MUSKEGON HEIGHTS - $ 19,085
3. Each municipality will be responsible for its actions in the use of any equipment
purchased under this Agreement and the fiscal agent shall not be liable for any civil
liability that may arise from the purchase of the use of the equipment.
4. The CITY OF MUSKEGON HEIGHTS will be responsible for submitting quarterly
reports to the CITY OF MUSKEGON by the third day of the month following the
quarter in the reporting fashion required by the CITY OF MUSKEGON and for any
month in which an expenditure under the grant has occurred the CITY OF
MUSKEGON HEIGHTS will submit a reimbursement request to the CITY OF
MUSKEGON by the third day of the following month along with backup
documentation such as invoices.
5. The CITY OF MUSKEGON HEIGHTS will be responsible for the accuracy of all data
submitted to the CITY OF MUSKEGON for submission to the Bureau of Justice
Page 2 of 3
Programs and will be liable for penalties as a result of submitting the data late and
for any inaccurate data.
6. Nothing in the performance of this Agreement shall impose any liability for claims
against the CITY OF MUSKEGON passing from this program or from the CITY OF
MUSKEGON HEIGHT’s expenditure of the JAG funds.
7. By entering into this Agreement, the parties do not intent to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
COUNTY OF MUSKEGON
Dated:_______________, 2016 By:____________________________
Terry Sabo, Chairman
County Board of Commissioners
CITY OF MUSKEGON
Dated:_______________, 2016 By:____________________________
Stephen Gawron, Mayor
CITY OF MUSKEGON HEIGHTS
Dated:_______________, 2016 By:_____________________________
Kimberly Sims, Mayor
Page 3 of 3
Commission Meeting Date: June 14, 2016
Date: June 7, 2016
To: Honorable Mayor and City Commission
From: Jeffrey Lewis, Director of Public Safety
RE: Special Liquor Licenses – Rebel Road
____________________________________________________________________
SUMMARY OF REQUEST: To approve a Special Liquor License for the
Child Abuse Council to serve spirits at the following locations, dates and times:
LC Walker Arena Parking Lot, 477 W Western Avenue
July 14, 2016 from 6PM – midnight
July 15, 16, 2016 from 11AM – 12 midnight
July 17 from 10AM – 6PM
LC Walker Arena Terrace, 470 W Western Avenue
July 15, 16, 2016 from 11AM – 12 midnight
Sand Lot, 351 W Western Avenue
July 15, 16, 2016 from 11AM – 12 midnight
Muskegon County Convention & Visitor Bureau, 610 W Western Avenue
July 15, 16, 2016 from 11AM – 12 midnight
They have already submitted a Special Event Application. Each serving of
spirits must be in a pre-measured format. This event is a four-day music and
motorcycle festival with food, merchandise vendors, music stages and spirits
tents.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of this request.
Commission Meeting Date: June 14, 2016
Date: June 6, 2016
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot at 88 Monroe.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 88 Monroe to William Galy to combine with
his property at 1140 Jefferson St., Muskegon, MI. The lot is 66 x 132 ft. and is being offered
to Mr. Galy for $2,500 plus the fee to register the deed. The City has owned the property
since December 2013 with no inquiries for potential construction. By combining this with Mr.
Galy’s property; this will give him a back yard. The City has spent an average of $202.00 per
year in maintenance of the vacant lot since 2013.
FINANCIAL IMPACT:
The sale of this lot will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 88 MONROE FOR $2,500.
WHEREAS, William Galy will be allowed to purchase the parcel designated as number 24-205-363-0006-00,
located at 88 Monroe for $2,500; and
WHEREAS, William Galy will combine this with the property he owns at 1140 Jefferson; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
WHEREAS, the sale of a buildable lot would require a home to be constructed; instead he will be combining this
with his current property that does have a home; and
WHEREAS, he will not be constructing a new home on this parcel; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-363-0006-00, located at 88 Monroe to be
sold to William Galy for $2,500.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLOCK 363.
Adopted this 14th day of June, 2016.
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Meisch, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on June 14,
2016.
By: ________________________
Ann Meisch, MMC
City Clerk
2
Property sale of 88 Monroe (City owned) to Mr. Galy of 1140 Jefferson to be combined.
1140 Jefferson front:
1140 Jefferson on the Monroe Ave. side:
88 Monroe:
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933
Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: William Galy, a single man, whose address is 1140 Jefferson, Muskegon, MI 49440.
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLOCK 363, otherwise known as 88
Monroe Ave. (#24-205-363-0006-00).
for the sum of: Two Thousand Five Hundred Dollars ($2,500.00)
PROVIDED, HOWEVER, whenever possible, this property is to be combined with the owner’s original parcel
#24-205-363-0005-00, otherwise known as 1140 Jefferson St.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA
207.526 Sec. 6(h)(i).
Dated this 14th day of June, 2016
Signed in the presence of: CITY OF MUSKEGON
______________________________ By_________________________________
Stephen J. Gawron, Its Mayor
______________________________ and________________________________
Ann Meisch, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _____ day of ___________, 2016, by
STEPHEN J. GAWRON and ANN MEISCH, MMC, the Mayor and Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
____________________________________
PREPARED BY: Hope Mitchell _______________________, Notary Public
City of Muskegon Acting in the County of Muskegon, MI
933 Terrace St Rm 202 Muskegon County, MI
Muskegon, MI 49440 My Comm. Expires: ___________________
Telephone: (231) 724-6760
WHEN RECORDED RETURN TO: GRANTEE SEND SUBSEQUENT TAX BILLS TO: GRANTEE
Date: June 14, 2016
To: Honorable Mayor and City Commissioners
From: Engineering
RE: MDOT-City 2nd Amendment of the Agreement for
Muskegon & Webster
SUMMARY OF REQUEST:
Authorize staff to sign the attached amendment to the agreement with Michigan
Department of Transportation extending the completion date of the project to June
30, 2016 instead of the 5/27/2016 date in previous amendment and adopt a
resolution authorizing Mohammed Al-Shatel to execute said agreement.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize Mohammed Al-Shatel to sign the agreement/contract amendment.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL TO AMEND CONTRACT AGREEMENT NUMBER
2014-0854/A1BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION
AND THE CITY OF MUSKEGON FOR THE RECONSTRUCTION OF MUSKEGON
& WEBSTER AVENUES BETWEEN 9TH STREET & SPRING STREET TOGETHER
WITH OTHER NECESSARY RELATED WORK ITEMS AND AUTHORIZATION
FOR MOHAMMED AL-SHATEL, CITY ENGINEER EXECUTE SAID AMENDMENT
EXTENDING THE COMPLETION DATE TO JUNE 30, 2016.
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 2014-0854/A2 between
the Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Muskegon & Webster Avenues between 9th & spring within
the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 2014-0854/A2
be and the same is hereby authorized and approved and Mohammed AL-Shatel, City
Engineer is authorized to execute said contract for and on behalf of the City of
Muskegon.
Adopted this____________day of____________, 2016.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2016. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
Commission Meeting Date: June 14, 2016
Date: June 8, 2016
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Transmittal of 2016-17 Proposed Budget
SUMMARY OF REQUEST: At this time staff is transmitting to the City
Commission the proposed budget for fiscal year 2016-17 which starts July 1, 2016.
An electronic version of the budget has been distributed to Commissioners.
Additionally, the budget is available for public inspection on the City’s website and at
the City Clerk’s office or Hackley Public Library.
The proposed budget will be reviewed in detail with staff at the June 13th work
session. A public hearing on the budget will be held at the regular Commission
meeting the following evening on June 14th. City ordinance requires that the budget
be adopted by the Commission on or before the second Commission meeting in
June.
FINANCIAL IMPACT: The budget is the City’s financial plan for the coming fiscal
year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the proposed budget for fiscal year
2016-17.
http://www.muskegon-mi.gov/cresources/2016-17_Proposed-Budget_-_web_version.pdf
Commission Meeting Date: June 7, 2016
Date: June 14, 2016
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to Establish an Obsolete Property
District – 1129 3rd St
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Hamburger Mikey,
LLC, has requested the establishment of an Obsolete Property District for their property
at 1129 3rd St. The establishment of the Obsolete Property District would allow them to
apply for an Obsolete Property Rehabilitation Exemption Certificate.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Obsolete Property District
COMMITTEE RECOMMENDATION:
None.
1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _____
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the purpose
of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete
Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission and is
clearly characterized by the presence of obsolete commercial property, and the land and
improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the proposed
Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to
all owners and any other resident or taxpayer of the City to appear and be heard. Said notice
was given at least ten (10) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, as is described in
Attachment A.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the
lands and parcels set forth in the attached description.
This resolution passed.
Ayes __________________________________________________________________
Nays __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on June 14, 2016. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ___________________________
Ann Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 EXC W 3 FT TH'OF & S 1 FT LOT 15
EXC THE W 3 FT TH'OF BLK 367
Commission Meeting Date: June 14, 2016
Date: June 7, 2016
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to issue an Obsolete Property
Certificate –Hamburger Mikey, LLC – 1129 3rd St
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Hamburger Mikey, LLC,
has requested the issuance of an Obsolete Property Certificate for their property located at
1129 3rd St. Total capital investment for this project is $134,000. The applicant is eligible
for a nine-year abatement because of the amount of investment.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen at the pre-
rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Obsolete Property Rehabilitation Exemption Certificate
COMMITTEE RECOMMENDATION:
None
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _____
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by
Hamburger Mikey, LLC.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
Certificate from Hamburger Mikey, LLC, to apply to the improvements located in an Obsolete
Property Rehabilitation District established by previous resolution.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after a hearing on June 14, 2016.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City
Commission determines further that the said exceedance will not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
taxing units.
F. This resolution of approval is considered by the City Commission on June 14, 2016, after a public
hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, Hamburger Mikey, LLC, is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for nine (9) years.
I. The exemption was approved for less than the maximum of twelve (12) years and there will not
be any extension available.
J. All items described under “Instructions” (a) through (f) of the application for Obsolete Property
Rehabilitation Exemption Certificate have been provided to the City of Muskegon, the Qualified
Local Government Unit, by the applicant.
K. The City Commission finds that the property for which the Obsolete Property Rehabilitation
Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
from the applicant all the items required by Section 9 of the application form, being the general
description of the obsolete facility, a general description of the proposed use, a description of the
general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
the rehabilitation, and statement of the economic advantages expected from the exemption.
L. Commencement of the rehabilitation has not occurred before the establishment of the district.
M. The application relates to a rehabilitation program that when completed will constitute a rehabilitated
within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
District established by the City under PA 146 of 2000.
N. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
percent (10%) of the true cash value of the property at the commencement of the rehabilitation.
O. The City Commission determines that the applicant shall have twelve (12) months to complete the
rehabilitation. It shall be completed by June 14, 2017, or one year after the Certificate is issued,
whichever occurs later.
P. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by Hamburger Mikey, LLC, for an Obsolete
Property Rehabilitation Exemption Certificate, to be effective for a period of nine (9) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on June 14, 2016. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public
Acts of 1976.
CITY OF MUSKEGON
By ___________________________
Ann Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 EXC W 3 FT TH'OF & S 1 FT LOT 15 EXC
THE W 3 FT TH'OF BLK 367
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