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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 26, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Special Event Liquor License – Farmers Market for Blues & BBQ Fundraiser
City Clerk
C. Amendment to the Medical Marihuana Facilities Licensing Overlay District
– 2nd Reading Planning & Economic Development
D. Authorized Representative for Drinking Water Grant Department of
Public Works
E. Street Administrator Resolution Department of Public Works
F. Authorized Representative for State Revolving Fund Department of
Public Works
G. City of Muskegon/MDOT Project Agreement – Lakeshore Drive
Department of Public Works
H. Drinking Water Revolving Fund (DWRF) Project Plan – Amendment
Department of Public Works
I. W-91838.2 Water Service Line Replacements Department of Public
Works
J. W-91838.3 Water Service Line Replacements Department of Public
Works
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K. Legislative Consulting City Manager
L. Fertilizer DPW/Parks & Cemetery
M. LC Walker Arena – Ironmen Lease City Manager
N. LC Walker Arena Performance Agreement City Manager
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Approval of a Neighborhood Enterprise Zone Certificate – 351 W Western
Planning & Economic Development
B. Request for Final Planned Unit Development (PUD) Approval – Hartshorn
Village Planning & Economic Development
C. Land Swap – Damfino Development City Manager
D. Short Term Vacation Rentals Public Safety
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
1874 Jarman
□ 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:
□ 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 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: February 21, 2019
Here is a quick outline of the items on our agenda:
1. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Approval of a special event liquor license for a fundraiser at the Farmers Market.
c. Second reading of the amendment to the medical marihuana overlay district.
d. Authorization to change the authorized representative for the Drinking Water
Grant from LeighAnn Mikesell to Leo Evans.
e. Authorization to change the Street Administrator from LeighAnn Mikesell to Leo
Evans.
f. Authorization to change the authorized representative for the State Revolving
Fund from LeighAnn Mikesell to Leo Evans.
g. Approval of the project agreement for with MDOT for Lakeshore Drive
reconstruction.
h. Approval of an amendment to the Drinking Water Revolving Loan Fund Project
Plan.
i. Authorization to award a water service line replacement contract to McCormick
Sand in the amount of $150,000. They have proposed to complete 31
replacements for this cost.
j. Authorization to award a water service line replacement contract to McCormick
Sand in the amount of $150,000. They have proposed to complete 30
replacements for this cost.
k. Authorization to engage Main Street Legislative Consulting to serve as the City’s
legislative consultant. Our previous consultant has retired and the new contract
is the same cost as the previous consultant - $2,000 per month, plus expenses.
l. Approval of the purchase of fertilizer for parks and cemeteries from Harrell’s, the
only available supplier.
m. Approval of the operating lease for the West Michigan Ironmen. The Ironmen will
be playing at the LC walker Arena for the fourth consecutive year in 2019.
2. Under the New Business, we are asking the Commission to consider the following:
a. Approval of an NEZ Certificate for 351 West Western. This is Phase 2 of the
Lakeview Lofts development.
b. Approval of the Planned Unit Development at Hartshorn Marina.
c. Approval of the land swap with Damfino Development (this is continued from the
previous work session)
d. Approval of the proposed short term vacation rental ordinance (this is continued
from the previous work session).
Let me know if you have any questions/comments/concerns
Date: February 26, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the February 11, 2019
Worksession and February 12, 2019 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, February 11, 2019
5:30 p.m.
City Commission Chambers
MINUTES
2019-09
Present: Mayor Gawron, Vice-Mayor Hood, Commissioners Turnquist,
German, Johnson, Warren, Rinsema-Sybenga, and German
Approval of Contract for Critical Dune Enforcement
The City approved its local Critical Dune ordinance on December 12, 2017.
Staff released a Request for Qualifications to enforce the ordinance in 2018
and Prism was the only applicant. Staff is requesting approval of the
contract and fee schedule to allow Prism to enforce the ordinance.
This item will be on the February 12, 2019 Commission Meeting agenda for
consideration by the City Commission.
PILOT – Gencap 1021 Jefferson Limited Dividend Housing Association,
LLC
Gencap 1021 Jefferson Limited Dividend Housing Association, LLC is
proposing an affordable housing development at 1021 Jefferson Street and
is requesting a Payment in Lieu of Taxes (PILOT) for the project. The
development will include 73 residential units and 2,300 square feet of
commercial space. There will be 55 one-bedroom units and 18 two-
bedroom units. Ten units will be at 30% AMI, nine units will be at 40% AMI,
11 units will be low-income disability units, 14 units will be at 60% AMI and
29 units will be at 80% AMI. A service charge of 4% will be imposed, as
well as a municipal services fee of 2%.
This item will be on the February 12, 2019 Commission Meeting agenda for
consideration by the City Commission.
1
Utility Relocations on Lakeshore Drive
Discussion took place regarding the possibility of burying utility lines for
Comcast and Frontier when road reconstruction is completed on five blocks
of Shoreline Drive. Business Owners and residents would like the unsightly
lines buried and will be inquiring about the possibility of grant money being
used to help with the burden of cost, estimated to be $225,000. There was
discussion of the possibility of a special assessment for all or a portion of
the cost. There was also discussion of using some of the funds from a fund
left by Sappi Paper Co. for a portion of the project. Commissioner Johnson
would like us to move forward with sending notices to property owners
regarding a special assessment so we can gauge their interest.
Sale of City Owned Property to Damfino Development, LLC
Sell a city owned parcel, 1490 Edgewater Street, to Damfino Development,
LLC for a purchase price of $15,000. Closing to be scheduled at the
earliest convenience for both parties, and closing costs to be paid by
Damfino Development, LLC. The parcel is landlocked between the Harbour
Towne Marina and vacant land currently owned by Damfino Development,
LLC. The parcel became isolated when land was conveyed for the Harbour
Towne Marina.
This item was on the agenda for the February 12, 2019 meeting but has
been removed so that the City Manager can explore the potential of a
property “swap”, as suggested by Commissioner Johnson, for property that
abuts one of the City’s Charter Parks. Scott Musselman, from Damfino
Development, LLC, is agreeable to either a purchase or swap for a like-
sized portion of property.
Sanford & Peck 2-Way Conversion
Leo Evans, City Engineer, presented information to the City Commission
and is seeking support for converting peck & Sanford to two-way streets.
He has discussed the project with Muskegon Public Schools, Hackley
Hospital, City of Muskegon Heights, and the Nelson Neighborhood
Association. All entities are supportive of the project.
Muskegon Public Schools – Discuss Ideas for Joint Meeting Items
There was discussion about the upcoming meeting, February 19, 2019,
with the Muskegon Public Schools Board of Education. The City Manager
asked that Commissioners email him if there were any specific topics they
2
would like to discuss with the school board. Some suggestions were
provided to the commission by Leigh Ann Mikesell.
Short Term Vacation Rentals
The Director of Public Safety requests that the Commission consider
approving a stand-alone ordinance “Short Term Vacation Rentals”
regulation. The city has experienced an increase in short term vacation
rentals over the past couple of years. These specialty rental offerings are
not regulated in our current “Housing Rental” ordinance. The ordinance will
address applying and receiving a short term rental certificate and a safety
inspection of the unit(s). Certificate holders will be responsible for insuring
tenants are aware and complies with relevant city ordinances, with a focus
on number of occupants, recreational fires, parking, fireworks, noise, and
trash to name a few noted problem areas that staff has experienced in an
attempt to regulate short term rentals. The requested ordinance will
improve neighborhood relations where short term rentals are now located,
create a safer and peaceful environment for short term tenants and
residents.
This proposed ordinance was discussed at length and there were members
of the public that also gave input. There may be some additional changes
to this ordinance before it is adopted.
This item will be on the February 12, 2019 Commission Meeting agenda for
consideration by the City Commission.
Organizational Changes
The City Commission discussed organization changes proposed by the
City Manager. He will be seeking approval of changes to the city’s
organization, specifically in the workload for the division heads and
operations at the LC Walker Arena. Modify the Municipal Services Division
to include Planning, Economic Development and Community and
Neighborhood Services. Establish positions for an Economic Development
Director, a Strategic Initiatives Director and a Business Development
Manager.
Re-establish the Public Works Director overseeing the Engineering
Department, Water Filtration Plant, Utility Department and Department of
Public Works and appoint Leo Evans as the division head.
3
Establish positions for operations at the LC Walker Arena including an
Arena Maintenance Worker, an Arena Finance Manager, and an Arena Box
Office Manager.
This item will be on the February 12, 2019 Commission Meeting agenda for
consideration by the City Commission.
Any Other Business
Commissioner Warren asked about the kiosk that she had suggested for
helping to direct city hall foot traffic.
Adjournment: The Work Session meeting adjourned at 10:35 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 12, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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, February 12, 2019,
Commissioner Willie German, Jr., 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 J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2019-10 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 22, 2019 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Medicaid CHIP Community Development Lead Hazard Control Program –
2019 Community & Neighborhood Services
SUMMARY OF REQUEST: Community and Neighborhood Services Department
has budget provisions to hire Abatement Contractors and a Lead Abatement
Contractor team to monitor the lead abatement projects for our Lead Safe
Muskegon Program; funded by the Michigan Department of Health and Human
Services (MDHHS). A list of Lead Abatement Contractors have expressed an
interest in working with the city to serve an expected 25 households.
Below are the proposed Abatement Contractors enlisted for abatement work:
Tony Beattie Beattie Bros.
Curtis Holden Gray Space Construction
Page 1 of 8
Viv Jaunais Great Lakes Builders
Francena DePung Nassau Construction
Chuck McCloud TK Construction
Joe Fehler Midwest Builders
Joe Ferrier 4 Star Builders
Vicki Luthy External Consultant
Catherine Phelps AAA Lead Inspections
FINANCIAL IMPACT: $880,005.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Support the hiring of the proposed Abatement
Contractors for the Lead Safe Muskegon Program.
C. Water Main Repair Department of Public Works
SUMMARY OF REQUEST: Authorize Staff to enter into an agreement with
Jackson-Merkey Contractors, the lowest responsible bidder, to perform water
main repairs in the Roberts Street ROW behind Steel School in the Ryerson Creek
gully.
Due to the location and depth of the water main along with a high-water table,
our in-house work force is unable to perform the repair.
Two Contractors submitted bids for this project as follows:
Jackson-Merkey Contractors - $30,150
McCormick Sand - $49,500.
FINANCIAL IMPACT: $30,150.00
BUDGET ACTION REQUIRED: None at this time. Funds will come from the water
fund.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement for
water main repairs with Jackson-Merkey Contractors.
D. 2019 User Fee Addition – Commercial Launch Ramp Permit Department
of Public Works
SUMMARY OF REQUEST: Staff is requesting permission to add to the User Fee
Schedule a Commercial Launch Ramp Sticker and fee of $250.00 per permit
plus $50.00 for each additional permit, per calendar year.
FINANCIAL IMPACT: Revenue generated from fee.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Page 2 of 8
E. Municipal Vehicle Purchase DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Trackless Municipal Vehicle from Bell Equipment Company
from the Mi-Deals State Contract. Cost for this item is $125,782.85 coming from
the Equipment Division Fund.
FINANCIAL IMPACT: $125,782.85
BUDGET ACTION REQUIRED: This purchase will be added into the Equipment
Budget and reflected in the third quarter re-forecast.
STAFF RECOMMENDATION: Authorize staff to purchase one (1) Trackless
Municipal Vehicle from Bell Equipment Company.
F. Water Service Line Replacements Department of Public Works
SUMMARY OF REQUEST: To award contract (W-91838.1) for replacement of
water service lines at various locations within the City of Muskegon.
Two contractors submitted bids for this project as follows:
Goyette Mechanical – 21 Each
McCormick Sand – 15 Each
Bids were selected based on a fixed budget and variable scope. Bidders were
instructed to bid based on how much work they could complete within a fixed
budget with the winning bid going to the company that could complete the
most work.
FINANCIAL IMPACT: $100,000.00
BUDGET ACTION REQUIRED: None. Funded through grant revenue from
MDEQ.
STAFF RECOMMENDATION: Award the project to the low bidder, Goyette
Mechanical.
H. Muskegon Fire Department Equipment Request (Turnout Gear)
Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $34,051.42 for thirteen (13) sets of turnout
gear for full-time firefighters which have been in-service since January 2019. The
safety equipment is personalized to each firefighter and will be issued when
received. The cost of the turnout gear per set is $2,012.95 through Phoenix Safety
Outfitters.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: Equipment to impact the Fire General Fund.
STAFF RECOMMENDATION: Staff recommends approval of this purchase
Page 3 of 8
request.
I. Short Term Vacation Rentals Public Safety
REMOVED
J. Approval of Several Neighborhood Enterprise Zone Certificates
Planning & Economic Development
SUMMARY OF REQUEST: Applications for Neighborhood Enterprise Zone (NEZ)
certificates have been received for homes at the Terrace Point Landing
development. The applications are for the following addresses: 302, 304, 306,
308, 310, 312, 320, 330, 332, 338, 340, 351, 353, 654, 672, 674, 679, 681, 688, and
690 Terrace Point. All applicants have met local and state requirements for the
issuance of the NEZ certificates.
FINANCIAL IMPACT: Taxation will be applied as one-half of the previous
year’s state average principal residence millage rate to the value of the facility.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the NEZ certificates.
K. Rezoning of 1021 Jefferson Street Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to rezone the property at 1021
Jefferson Street from Form Based Code, Urban Residential to Form Based Code,
Neighborhood Core.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously (6-0)
recommended approval of the rezoning, with three members absent.
L. Restrictive Covenant for 350 Shoreline Drive Planning Department
SUMMARY OF REQUEST: Authorize the mayor and clerk to sign the restrictive
covenant for nonresidential remedial action for the city owned property
located at 350 Shoreline Drive. Various contaminants remain within the soil and
groundwater on site, and this restrictive covenant is necessary to document
those hazardous substances and direct any future land owners with regard to
preventing unacceptable exposure. DTE will continue to operate a groundwater
extraction system to treat groundwater on site.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize the mayor and clerk to sign the
restrictive covenant.
Page 4 of 8
M. Sale of City Owned Property to Damfino Development, LLC City
Manager
REMOVED
N. Approval of Contract for Critical Dune Enforcement Planning &
Economic Development
SUMMARY OF REQUEST: The City approved it local Critical Dune ordinance on
December 12, 2017. Staff released a Request for Qualifications to enforce the
ordinance in 2018 and Prism was the only applicant. Staff is requesting approval
of the contract and fee schedule to allow Prism to enforce the ordinance.
FINANCIAL IMPACT: Staff anticipates a cost savings for the City’s annual
permits and also for private home owners who apply for permits.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the contract and fee schedule.
Q. Community Relations Committee Appointment Recommendations
City Clerk
SUMMARY OF REQUEST: To accept the recommendation to appoint Rozelia
Patino to the Citizen’s Police Review Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the recommendation of the
Community Relations Committee and approve the appointment.
Motion by Commissioner German, second by Rinsema-Sybenga, to approve the
consent agenda as presented, except items G, O, and P.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2019-11 ITEMS REMOVED FROM CONSENT:
G. Sanford/Peck Traffic Signal Design Engineering
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Wade Trim, Inc. to complete engineering for traffic signal
upgrades along Peck and Sanford Streets. The upgrades would include
modifications to the existing signals that would allow for the eventual conversion
of Peck and Sanford Street to 2-way traffic.
Requests for Proposals were solicited for this contract with three firms submitting
proposals. Proposals were reviewed by staff and the Wade Trim proposal is
Page 5 of 8
recommended.
Wade Trim - $21,000
Progressive AE - $22,000
Prein & Newhof - $104,000
FINANCIAL IMPACT: $21,000.00
BUDGET ACTION REQUIRED: None, this will be addressed during a future
reforecasting.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering
services agreement with Wade Trim.
Motion by Commissioner Warren, second by Johnson, to authorize staff to enter
into an engineering services agreement with Wade Trim.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
O. Organizational Changes City Manager
SUMMARY OF REQUEST: Approve changes to the city’s organization, specifically
in the workload for the division heads and operations at the LC Walker Arena.
Modify the Municipal Services Division to include Planning, Economic
Development and Community and Neighborhood Services. Establish positions
for an Economic Development Director, and a Strategic Initiatives Director.
Re-establish the Public Works Director overseeing the Engineering Department,
Water Filtration Plant, Utility Department and Department of Public Works and
appoint Leo Evans as the division head.
Establish positions for operations at the LC Walker Arena including an Arena
Maintenance Worker, and Arena Finance manager, and an Arena Box Office
Manager.
FINANCIAL IMPACT: To be determined based on salary and benefit
packages.
BUDGET ACTION REQUIRED: Include salary and benefits in the next budget
reforecast.
STAFF RECOMMENDATION: Approve changes to the city’s organization.
Motion by Commissioner Turnquist, second by Vice Mayor Hood, to approve
changes to the city’s organization.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Page 6 of 8
Nays: None
MOTION PASSES
P. Sale of City Owned Property Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to sell the bike path parcel that
runs through the proposed Hartshorn Village development. The bike path will be
relocated just to the north.
FINANCIAL IMPACT: The sale is necessary to make the development work,
which will lead to increased residential property taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the estate agreement.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the estate agreement.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2019-12 NEW BUSINESS:
A. Sale of City Owned Lot at 1021 Jefferson Street Planning & Economic
Development
SUMMARY OF REQUEST: Staff initiated request to sell the lot at 1021 Jefferson
Street. After presenting the development proposal to the City Commission in
November of 2018, staff executed a Letter of Intent to sell the property to
General Capital Acquisitions, LLC for $455,000.
FINANCIAL IMPACT: Funds received from the sale will go into the General
Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the “Offer to Purchase.”
Motion by Commissioner Warren, second by Commissioner German, to approve
the offer to purchase.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Hood
Nays: None
MOTION PASSES
B. PILOT-Gencap 1021 Jefferson Limited Dividend Housing Association, LLC
Planning & Economic Development
Page 7 of 8
SUMMARY OF REQUEST: Gencap 1021 Jefferson Limited Dividend Housing
Association, LLC is proposing an affordable housing development at 1021
Jefferson Street and is requesting a Payment in Lieu of Taxes (PILOT) for the
project. The development will include 73 residential units and 2,300 square feet
of commercial space. There will be 55 one-bedroom units and 18 two-bedroom
units. Ten units will be at 30% AMI, nine units will be at 40% AMI, 11 units will be
low-income disability units, 14 units will be at 60% AMI and 29 units will be at 80%
AMI. A service charge of 4% will be imposed, as well as a municipal services fee
of 2%.
FINANCIAL IMPACT: Although the PILOT for the project will be less than the
taxes captured for a similar market-rate project, the situation with this particular
property is that the contribution towards the City will be greater to the City with
the development under a PILOT than it is as a vacant lot. In addition, taxes
would apply t the commercial square footage within the building.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Contract for Housing Exemption
and Professional Services Agreement.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the Contract for Housing Exemption and Professional Services Agreement.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Warren
Nays: None
MOTION PASSES
2019-13 ANY OTHER BUSINESS:
Motion by Commissioner Johnson, second by Vice Mayor Hood, to include the
property at 185 W. Laketon Avenue into the Medical Marijuana Overlay District.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Hood, and Warren
Nays: Turnquist, Gawron, and German
MOTION PASSES
SECOND READING REQUIRED
PUBLIC PARTICIPATION: Comments were received from the public.
ADJOURNMENT: The City Commission meeting adjourned at 6:50 p.m.
Respectfully Submitted,
Ann Marie Meisch, City Clerk
Page 8 of 8
Date: February 26, 2019
To: Honorable Mayor and City Commissioners
From: CITY CLERK’S OFFICE
RE: Special Event Liquor License – Farmers Market
for Blues & BBQ Fundraiser
SUMMARY OF REQUEST: The Muskegon City Clerk’s Office is organizing a Taste
of Muskegon Fundraiser to be held on Saturday, March 23, 2019 and is seeking City
Commission approval to apply for a license for Beer, Wine, and Spirit sales for this
event. The Farmer’s Market does have a liquor license but the licensed area does
not extend beyond the barn.
FINANCIAL IMPACT: $50 permit from the State for every date requested.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a special liquor license application for
the March 23, 2019 Blues & BBQ, Taste of Muskegon Fundraiser event.
Commission Meeting Date: February 26, 2019
Date: February 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Medical Marihuana Facilities Licensing Overlay
District – 2nd Reading
SUMMARY OF REQUEST:
The property owner at 185 W Laketon Ave is requesting to amend the Medical Marihuana Licensing
Facilities Act (MMFLA) Overlay District to include their property within the district.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff does not recommend approval of the amendment.
COMMITTEE RECOMMENDATION:
At the January 10 Planning Commission meeting, a motion was made to approve the amendment
as presented. The Planning Commission voted 6-2 against the motion.
PLANNING COMMISSION EXCERPT
STAFF REPORT
January 10, 2019
Hearing, Case 2019-01: Request to amend Section 2330 of the zoning ordinance to include 185
W Laketon Ave into the Medical Marihuana Overlay District, by Renee Smith.
SUMMARY
1. The Medical Marihuana Facilities (MMFLA) Overlay District was approved on May 8,
2018.
2. Please see the MMFLA Overlay District Map on the following page. The property in
discussion is highlighted in yellow.
3. To date, the City has approved 15 MMFLA licenses, most of them for Provisioning Centers
(retail sales). However, none of them have been granted a State license yet.
4. The applicant would like to be included into the district because they are the only
commercial building in the immediate vicinity that was excluded from the district.
5. Initial concerns over the inclusion of this property into the district included the proximity
to residential homes. However, other properties within the district abut homes as well.
6. Please see the enclosed MMFLA Overlay District Ordinance.
185 W Laketon Ave
MMFLA Overlay District Map
(Proposed property at 185 W Laketon outlined in yellow)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2330 of the zoning ordinance to amend the Medical Marihuana
Facilities Licensing Act Overlay District to include an additional parcel at 185 W Laketon Ave.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
185 W Laketon Ave is now included in the Medical Marihuana Facilities Licensing Act
Overlay District.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of January, 2019, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2019. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 22, 2019, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2330 of the zoning ordinance to include 185 W Laketon Ave in the
Medical Marihuana Facilities Licensing Act Overlay District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office
of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2019. CITY OF MUSKEGON
By
_________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
8
Date: 2/26/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Authorized Representative for Drinking Water Grant
SUMMARY OF REQUEST:
Approve the resolution to designate the Public Works Director as the authorized
representative for the Pilot Drinking Water Community Water Supply Grant Program in
all transactions with the MDEQ related to this grant.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the resolution.
City of Muskegon
RESOLUTION
DESIGNATE AUTHORIZED REPRESENTATIVE FOR
PILOT DRINKING WATER COMMUNITY WATER SUPPLY GRANT PROGRAM
WHEREAS, a pilot drinking water community water supply grant program was established with
the passing of the supplemental budget of the Department of Environmental Quality (“DEQ”);
and
WHEREAS, the pilot drinking water community water supply grant program, administered by
the DEQ, provides assistance to municipalities for updating distribution system material
inventories and asset management plans to identify lead service lines and galvanized steel
service lines, and replacing lead service lines and galvanized steel service lines; and
WHEREAS, the city has been awarded such grant to update material inventory and replace lead
service lines; and
WHEREAS, the city has appointed a new Public Works Director;
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners designate Leo
Evans, the Public Works Director, as the Authorized Representative for purposes of the Grant
Agreement; and
That the Authorized Representative is hereby authorized to take any actions necessary to
comply with the requirements of the DEQ in connection with the issuance of the Grant,
including executing revisions to the contract with DEQ, executing and delivering such other
contracts, certificates, documents, instruments, applications and other papers as may be
required by the DEQ or as may be otherwise necessary to affect the approval and delivery of
the Grant.
Dated this ______ of _______ 20__.
________________________________ ______________________________
Stephen J. Gawron Anne Marie Meisch
Mayor City Clerk
Date: 2/26/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Street Administrator Resolution
SUMMARY OF REQUEST:
Approve the resolution to designate the Public Works Director as the street
administrator in all transactions with the Michigan Department of Transportation.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the resolution.
Michigan Department
of Transportation RESOLUTION FOR DESIGNATION Clear Form
2012 (07/09)
OF STREET ADMINISTRATOR
This information is required by Act 51, P.A. 1951 as amended. Failure
to supply this information will result in funds being withheld.
MAIL TO: Michigan Department of Transportation, Bureau of Finance
and Administration, P.O. Box 30050, Lansing, MI 48909.
or Fax to: 517-241-2589
NOTE: Indicate, if possible, where Street Administrator can usually be reached during normal
working hours, if different than City or Village Office. List any other office held by the Administrator.
Councilperson or Commissioner
offered the following resolution and moved its adoption:
Whereas, Section 13(9) of Act 51, Public Acts of 1951 provided that each incorporated city and village to which
funds are returned under the provisions of this section, that, ''the responsibility for street improvements,
maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities
and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the
governing body who shall be responsible for and shall represent the municipality in transactions with the State
Transportation Department pursuant to this act.''
Therefore, be it resolved, that this Honorable Body designate Leo Evans,
Public Works Director as the single Street Administrator for the City or Village of
Muskegon in all transactions with the State Transportation Department
as provided in Section 13 of the Act.
Supported by the Councilperson or Commissioner
Yeas
Nays
I hereby certify that the foregoing is a true and correct copy of a resolution made and adopted at a regular meeting
of the governing body of this municipality on the day of
CITY OR VILLAGE CLERK (SIGNATURE) EMAIL ADDRESS DATE
STREET ADMINISTRATOR (SIGNATURE) EMAIL ADDRESS DATE
ADDRESS OF CITY OR VILLAGE OFFICE P.O.BOX
CITY OR VILLAGE ZIP CODE PHONE NUMBER
Date: 2/26/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Authorized Representative for State Revolving Fund
SUMMARY OF REQUEST:
Approve the resolution to designate the Public Works Director as the authorized
representative for the State Revolving Fund Loan Program in all transactions with the
MDEQ related to this grant.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the resolution.
City of Muskegon
RESOLUTION
DESIGNATE AUTHORIZED REPRESENTATIVE FOR
STATE REVOLVING FUND LOAN PROGRAM
WHEREAS, the Department of Environmental Quality (“DEQ”) offers a loan program to fund
sanitary sewer projects; and
WHEREAS, the city has been awarded such grant to update material inventory and replace lead
service lines; and
WHEREAS, the city has appointed a new Public Works Director;
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners designate Leo
Evans, the Public Works Director, as the Authorized Representative for purposes of the program
agreement; and
That the Authorized Representative is hereby authorized to take any actions necessary to
comply with the requirements of the DEQ in connection with the issuance of the funds,
including executing revisions to the contract with DEQ, executing and delivering such other
contracts, certificates, documents, instruments, applications and other papers as may be
required by the DEQ or as may be otherwise necessary to affect the approval and delivery of
the program.
Dated this ______ of _______ 20____.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
Date: February 26th, 2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: City of Muskegon / MDOT Project Agreement – Lakeshore Drive
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the Lakeshore Drive construction
between McCracken and Laketon and approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $800,000. The
estimated total construction cost is $5,7000,000 plus engineering cost.
BUDGET ACTION REQUIRED:
None at this time, this project is included in the 18-19 budget.
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE CONCRETE PAVEMENT RECONSTRUCTION AND
STREET SCAPING WORK ON LAKESHORE DRIVE BETWEEN MCCRACKEN
STREET AND LAKETON AVENUE TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
GAWRON AND CITY CLERK, ANN MEISCH, TO EXECUTE SAID CONTRACT
Moved by ________________ and supported by ______________ that the following
Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 19-5041 between the
Michigan Department of Transportation and the City of Muskegon for the Concrete
pavement reconstruction and street scaping work on Lakeshore Drive between
McCracken Street and Laketon Avenue within the City is in the best interests of
the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 19-5041 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 26TH day of February, 2019.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
FEBRUARY 26, 2019. 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
Date: February 26th, 2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Drinking Water Revolving Fund (DWRF) Project Plan - Amendment
SUMMARY OF REQUEST:
Authorize staff to sign an amendment to the engineering services agreement with Prein
& Newhof Engineering to develop a Drinking Water Revolving Fund Project Plan. The
value of the amendment is estimated at $10,000. The original contract was for a not to
exceed amount of $15,500.
The original engineering services agreement with Prein & Newhof to develop a DWRF
Project Plan was approved in December to target fiscal year 2020 dollars, in January
we were made aware of left over fiscal year 2019 DWRF funds that could be partnered
with already planned and underway SRF projects.
The amendment to the original contract would cover the increased costs necessary to
pursue the additional fiscal year 2019 funding and still allow for the development of the
full plan for fiscal year 2020.
FINANCIAL IMPACT:
$10,000.00
BUDGET ACTION REQUIRED:
None, this will be addressed during a future reforecasting.
STAFF RECOMMENDATION:
Authorize staff to enter into the amended engineering services agreement with Prein &
Newhof.
Project No. 2180268
Professional Services Agreement Amendment
Amendment Number : 1
Project Name: DWRF Project Plan
P&N Representative: Barbara E. Marczak, P.E.
Client: City of Muskegon
Client Representative: Leo Evans, P.E.
AGREEMENT: The Agreement Amendment modifies the original agreement for professional services dated:
12/15/2018
Client hereby requests and authorizes a change in services in accordance with the following:
SCOPE OF SERVICES MODIFICATION:
Prepare FY 2019 Second Call Project Plan including second public hearing
SCHEDULE OF SERVICES MODIFICATION:
Submit to DEQ by March 15, 2019
BUDGET MODIFICATION:
$10,000 increase. New contract total $25,500.
METHOD OF COMPENSATION:
☒ Lump Sum for Defined Scope of Services
☐ Hourly Billing Rates plus Reimbursable Expenses
☐ Other:
ADDITIONAL PROVISIONS (IF ANY):
None
Prepared by: Accepted for:
Prein&Newhof, Inc. Client_______________________________________
By: By:
Print Name: Barbara E. Marczak, P.E. Print Name:
Title: Team Leader Title:
Date: 2/13/2019 Date:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Template date: October 28, 2015 Page 1 of 1 G:\2018\2180628 City of Muskegon\PRM\PSA Amendment 1 2019-02-13.docx
Date: February 26th, 2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: W-91838.2 Water Service Line Replacements
SUMMARY OF REQUEST:
To award contract (W-91838.2) for replacement of water service lines at various
locations within the city of Muskegon
Two (2) contractors submitted bids for this project as follows:
McCormick Sand .......................................................... 31 Each
Goyette Mechanical...................................................... 23 Each
Bids were selected based on a fixed budget and variable scope. Bidders were
instructed to bid based on how much work they could complete within a fixed budget
with the winning bid going to the company that could complete the most work.
FINANCIAL IMPACT:
$150,000.00
BUDGET ACTION REQUIRED:
None. Funded through grant revenue from MDEQ.
STAFF RECOMMENDATION:
Award the project to the low bidder, McCormick Sand.
Date: February 26th, 2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: W-91838.3 Water Service Line Replacements
SUMMARY OF REQUEST:
To award contract (W-91838.3) for replacement of water service lines at various
locations within the city of Muskegon
Two (2) contractors submitted bids for this project as follows:
McCormick Sand .......................................................... 30 Each
Goyette Mechanical...................................................... 27 Each
Bids were selected based on a fixed budget and variable scope. Bidders were
instructed to bid based on how much work they could complete within a fixed budget
with the winning bid going to the company that could complete the most work.
FINANCIAL IMPACT:
$150,000.00
BUDGET ACTION REQUIRED:
None. Funded through grant revenue from MDEQ.
STAFF RECOMMENDATION:
Award the project to the low bidder, McCormick Sand.
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: February 20, 2019
RE: Legislative Consulting
SUMMARY OF REQUEST:
The City has had the same legislative consultant on retainer for many years. Earlier this year, our
consultant retired. Staff is requesting that Main Street Legislative Consulting be engaged to provide
this service to the city at a cost of $2,000 per month.
FINANCIAL IMPACT:
$24,000 annually
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the City Manager to accept the proposal from Main Street Legislative Consulting.
COMMITTEE RECOMMENDATION:
None.
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is entered into effective February 01,2019
(“Effective Date”), between MainStreet Legislative Consulting Services, LLC, a Michigan
limited liability company (“MainStreet”) and The City of Muskegon, a Michigan municipality_
(“Client”).
WHEREAS, MainStreet is in the business of providing government relations and public
affairs consulting services in accordance with MCL 4.415;
WHEREAS, MainStreet is registered as a Lobbying Agent in good standing pursuant to
Public Act 472 of 1978 (MCL 4.411 – 4.431); and
WHEREAS, Client is desirous of retaining MainStreet to provide Client with government
relations and public affairs consulting services pursuant to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, MainStreet and Client agree as follows:
1. Services. During the term of this Agreement, MainStreet shall provide government
relations and public affairs consulting services to Client as set forth in Exhibit A
(“Services”).
2. Services Fee. Client shall pay MainStreet a services fee of $2,000.00per month
(“Services Fee”), due and payable in advance on the first (1st) day of each month during
the term of this Agreement. If the Effective Date of this Agreement is a day other than
the first day of the month, contemporaneous with the execution of this Agreement, Client
shall pay a prorated Services Fee equal to the Services Fee divided by thirty and
multiplied by the number of days remaining in the month.
3. Expenses. Client shall reimburse MainStreet for all usual and ordinary costs and
expenses related to MainStreet’s performance of the Services. Expenses for travel made
at Client’s request shall be paid by Client. Any unusual or extraordinary costs and
expenses incurred by MainStreet in performing the Services shall first be approved by
Client. MainStreet shall invoice Client for reimbursement of expenses, which invoice
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Consulting Agreement
shall be paid by Client within thirty (30) days after the invoice date.
4. Term and Termination. The term of this Agreement shall be one (1) year, and shall
automatically renew for one (1) year terms. Either party to this Agreement may
terminate the Agreement upon thirty (30) days’ written notice to the other party;
provided, however, MainStreet may terminate this Agreement effective immediately
upon written notice to Client if Client fails to timely pay and amount due under this
Agreement. In the event of termination or expiration, MainStreet shall be paid a pro-rata
share of its monthly Services Fee up to the effective date of termination.
5. Non-Exclusivity. Nothing contained in this Agreement shall prohibit or otherwise
restrict MainStreet from contracting to provide government relations and public affairs
consulting services to other clients on a non-exclusive basis.
6. Conflict of Interest. MainStreet and Client shall use their respective best efforts to
identify and notify each other of any potential conflicts of interest between the Client and
any other client of MainStreet.
7. Independent Contractor. MainStreet and Client have entered into this Agreement with
the mutual understanding that MainStreet is an independent contractor and not an
employee of Client. Nothing contained in this Agreement or the course of conduct
between MainStreet and Client will be considered to form a partnership, employment
relationship, or any other relationship except that of an independent contractor. In the
performance of the Services under this Agreement, MainStreet is an independent
contractor with the authority to control and direct the performance of the Services.
8. Practice of Law. MainStreet is retained by Client to perform the Services. MainStreet is
specifically not retained to provide legal advice to the Client, and MainStreet shall not be
required to perform any additional activity for Client which constitutes the practice of
law.
9. Indemnification and Liability. Except as otherwise provided in this Agreement,
MainStreet will indemnify and hold Client, its officers and directors harmless against all
direct monetary damages of a compensatory nature to the extent such damages are
reasonably ascertainable and only to the extent that such damages are the direct and
proximate result of a MainStreet’s breach of providing Services, as defined in Exhibit A
to this Agreement. Client agrees to indemnify and hold MainStreet, its officers,
members, employees, agents, and assigns, harmless from and against all direct monetary
damages of a compensatory nature in connection with any action, suit, administrative
proceeding or settlement related to Client for which MainStreet provides Services.
10. Assignment. The rights and obligations conferred under this Agreement may not be
assigned by either party without the prior written consent of the other party.
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MainStreet Legislative Consulting Services, LLC
Consulting Agreement
11. Notices. All notices shall be deemed duly given upon delivery if delivered by hand, or
upon receipt if sent by United States mail, or upon the party’s signature for a receipt if
sent by certified mail, or upon receipt, if served electronically or via facsimile. All
notices shall be sent to:
MainStreet: MainStreet Legislative Consulting Services, LLC
Attn: Goeff Hansen
120 N. Washington Sq., Ste 1000
Lansing, MI 48933
(231)301-4888 phone
(517)483-8225 fax
Client: The City of Muskegon
933 Terrace Street
Muskegon, Michigan, 49433-0536
12. Counterparts and Transmission. This Agreement may be executed in any number of
identical counterparts, any or all of which may contain the signatures of fewer than all of
the parties, and all of which shall be considered as part of a single instrument. Execution
of a facsimile counterpart or electronic transmission of this Agreement shall be deemed
execution of the original Agreement. Facsimile or electronic transmission of an executed
copy of this Agreement shall constitute acceptance of this Agreement.
13. Governing Law. This Agreement shall be governed by the laws of Michigan. Venue
shall be proper in Ingham County, Michigan, where MainStreet resides and where the
Services will be performed in accordance with this Agreement.
The City of Muskegon MainStreet Legislative Consulting
Services, LLC, a Michigan limited liability
company
______________________________ __________________________________
By: Frank Peterson By: Goeff Hansen
Its: City Manager Its: President
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Consulting Agreement
EXHIBIT A
Description of Services Provided by MainStreet to Client
When, necessary, any and all duties detailed below, will be performed by MainStreet, in addition
to those stipulated in the retainer agreement:
• Meetings with CLIENT’S committee on Legislation as needed
• CLIENT’S Board meetings as requested
• Participation in CLIENT workgroups on legislative/administrative issues
• Participation in CLIENT’S conference calls relating to legislation
• Participation in CLIENT’S strategic planning
• Participation in annual Clerk’s/ Treasurers/ Judicial or any Dept. meetings
• Liaison with MML or any other organizations as needed
• Provide political advice to CLIENT
• Assist in developing testimony on various pieces of legislation
• Respond to CLIENT member phone calls and emails
Will work with Mickey Knight to continue any assistance he has provided in the past
LEGISLATIVE SERVICES
• Review all bills introduced in both houses of the Legislature
• Analyze those that could impact CLIENT
• Catalog all bills on legislative status and provide updates on a monthly basis
• Participate in work groups on bills when requested
• Meet with chairs and members of committees in both houses
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Consulting Agreement
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: February 19, 2019
RE: LC Walker Arena – Ironmen Lease
SUMMARY OF REQUEST:
City staff is requesting approval of the attached lease to allow the West Michigan Ironmen to play
indoor football at the LC Walker Arena in 2019. This is a one year lease.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the Clerk and Mayor to sign the lease with Muskegon Football.
COMMITTEE RECOMMENDATION:
None.
L.C. WALKER ARENA MUSKEGON INDOOR FOOTBALL CONTRACT
THIS AGREEMENT made and entered into on the 31st day of January, 2019 by and
between the L.C. Walker Arena and Event Center (hereinafter referred to as “Arena”) of 955
Fourth Street, Muskegon, MI. 49440 and West Michigan Ironmen, (hereinafter referred to as
“Muskegon Football”).
WITNESSETH:
WHEREAS, Arena is located at 955 Fourth Street at Western Avenue, Muskegon,
County of Muskegon, Michigan; and
WHEREAS, Muskegon Football is organized for the purposes of promoting and
sponsoring league play of a professional indoor football team; and
WHEREAS, the parties desire to enter into an agreement for the use of the facilities
operated by Arena;
IT IS, THEREFORE, AGREED THAT:
1. USE OF PREMISE: Arena agrees that for the term of this agreement that Muskegon
Football may utilize the Arena for professional indoor football and related indoor football game
activities as follows:
a. Fully equipped sports arena for playing indoor football. Muskegon Football to set
up/tear down artificial turf, uprights, wall pads, and/or other equipment as may be
required. Muskegon Football will be allowed access to Arena at 7:00AM on
scheduled game days and will be allowed three (3) hours time for tear down,
immediately following the game. Muskegon Football to provide and/or
compensate for staffing at any pre-game event including amateur games, camps,
cheerleading camps or any other event as may be approved by the Arena;
b. Operating public address system and lighting;
c. Seating facilities for spectators in arena area;
d. Four (4) dressing rooms for teams use on game days during indoor football season
from 9:00AM to one (1) hour after game conclusion.
e. Sufficient officials’ room, trainer’s working area and press box area which meet
the requirements for professional indoor football games. Muskegon Football to be
responsible for any required equipment.
f. Heat at comfortable temperature;
g. Facility clean-up after games.
Muskegon Football agrees to hold its entire league scheduled home games, both
regular season and playoffs, at the L.C. Walker Arena.
2. TERM OF AGREEMENT: This agreement shall be effective for a period of one (1) year
commencing on January 31st, 2019 and ending on January 30th, 2020.
3. COMPENSATION, FEES: Muskegon Football shall pay to the Arena compensation for
its right to use the Arena upon the following schedule for all games played (including playoff
and exhibition games):
a. Arena Fees Per Game: $3,000.00 rent per game inclusive of all box office, ticket
printing fees and arena staffing.
i) Muskegon Football shall receive 40% of the net food/beverage and 50%
of the net parking revenues per home game played. The aforementioned
percentages are based on net revenues after concession/parking personnel
wages, product costs and all ancillary expenses are deducted from the total
food and beverage/parking revenues generated at each Muskegon Football
home game. Arena Concessions Manager and Arena Manager will
provide a detailed food/beverage and parking report of each Muskegon
Football home game at the time of game settlements.
ii) Muskegon Football shall pay a facility fee of $0.25 per ticket printed for
all 2019 regular season and playoff games played.
b. The Arena shall receive up to ten (10) complimentary tickets for admission to all
home games during the term of this agreement, subject to availability.
4. OTHER FACILITIES AND/OR SERVICES PROVIDED:
a. Staffing: Arena shall in connection with the operation of the building provide to
Muskegon Football: ticket takers, door guards, ushers, and security. Muskegon
Football shall provide the following personnel for the operation of the indoor
football game: medical services personnel, equipment repair personnel, game
officials, spot light operator, music operator and/or any other personnel required.
Muskegon Football shall have access to all technologies in the Arena, but will be
responsible for any replacements/repairs deemed the responsibility of Muskegon
Football.
Arena and Muskegon Football will work together and each will use their best
efforts to create a user-friendly atmosphere, which recognizes the importance of
each and every customer using the facility. The Arena and Muskegon Football
shall cooperate to assure adequate training for all staff and personnel to enhance
the image of the County and City of Muskegon Community, L.C. Walker Arena
and West Michigan Ironmen.
b. Merchandise. Arena will purchase and sell Muskegon Football merchandise in
the Team Store. Muskegon Football will receive 20% of the net proceeds from
said merchandise sales.
c. Parking. Staff, players and owners will be allowed parking access to the arena
lot immediately adjacent to the arena building along Shoreline Drive, per
availability.
d. Music Services. Arena shall be responsible for ASCAP, BMI, SEASAC and any
other licensor of music, in connection with the operation of Muskegon Football
games.
5. ARENA ADVERTISING SALES: Muskegon Football to sell and receive 100% of the
proceeds from the sale of program ads, temporary banners, padding, promotions, kiosks and any
other activities related to an arena football game. All such advertising items and activities shall
require Arena approval. Temporary signage and kiosks must be removed and stored prior to
5:00AM the next day.
6. SCHEDULING AVAILABILITY: Should both parties agree to extend this agreement,
Arena will submit a list of twelve (12) available play dates for the Muskegon Football 2020
season by November 1st, 2019. Said dates will be held until the conclusion of the league
schedule. Unused dates to be released by Muskegon Football upon creation of the indoor
football league schedule. Arena will utilize its best efforts to maintain good date availability for
all playoff dates which cannot be scheduled in advance of the season.
7. INSURANCE AND INDEMNITY:
a. Muskegon Football shall obtain and retain throughout the term of this day to day
rental, insurance coverage of and for all claims arising out of or resulting from Muskegon
Football’s use of the L.C. Walker Arena, which coverage shall include the following.
Each policy shall contain the provision that no cancellation shall be effective unless thirty
(30) days advance written notice is given by the carrier to the Arena. All insurance
policies shall name the City of Muskegon as additional insureds and loss payees:
i) Broad form comprehensive general liability insurance including:
(a) Premises/operations
(b) Products/Completed operations hazard,
(c) Broad form contractual and
(d) Personal injury.
This general liability insurance shall provide the following limits of liability: $2,000,000.00
($1,000,000.00 primary and $1,000,000.00 umbrella).
ii) Comprehensive automobile liability insurance for all owned and non-
owned vehicles used on behalf of the Muskegon Football in the amounts not less than
$1,000,000.00 for bodily injury and property damage, and including loading and unloading
hazards.
iii) Worker’s compensation insurance providing statutory coverage for the
State of Michigan.
iv) Such additional insurance which Arena and/or City may reasonably
require from time to time.
v) Certificate of insurance in a form satisfactory to the City of Muskegon
shall be filed with the Arena at least thirty (30) days prior to the commencement of Muskegon
Football’s use under this agreement.
b. Muskegon Football agrees that it will indemnify and hold and save, the City of
Muskegon whole and harmless of, from and against all claims, demands, actions,
damages, loss, costs, liabilities, expenses and judgments incurred by, recovered from or
imposed on or against them or any of them on account of any injury or damage to person
or property to the extent that any such damage may be incident to, arise out of, or be
caused, either proximately or remotely, wholly or in part, by an act, omission, negligence
or misconduct on the part of the Muskegon Football or any of its agents, servants,
employees, contractors, patrons, guests, licensees or by or of any other person entering
upon the L.C. Walker Arena with either the express or implied invitation or permission
of Muskegon Football or when any such injury or damage is the result, proximate or
remote, of the violation by Muskegon Football or any of its agents, servants, employees,
contractors, patrons, guests, licensees or invitees of any law, ordinance or governmental
order of any kind, or when any such injury or damage may in any other way arise from or
out of the occupancy or use by Muskegon Football, its agents, servants, employees,
contractors, patrons, guests, licensees or of any portion of the L.C. Walker Arena. Such
indemnification of the above entities by the Muskegon Football shall be effective unless
such damage or injury results from the sole negligence of the City of Muskegon.
Muskegon Football covenants and agrees that in case the City of Muskegon shall be
made a party to any litigation commenced by or against Muskegon Football or relating to
this agreement or to the portion of the L.C. Walker Arena subject to this agreement, then
Muskegon Football shall and will pay all costs and expenses, including reasonable
attorneys’ fees and court costs, incurred by or imposed upon them, their officers,
officials, agents, employees, volunteers, or attorneys by virtue of any such litigation.
8. RELEASE OF HAZARDOUS MATERIALS: Muskegon Football shall not cause or
allow the release of hazardous materials or pollution as defined by any local, state or federal law
or regulation to occur upon the premises. In the event of such release, Muskegon Football shall
be responsible for any and all costs, including clean up, penalties, fines, or damages to third
parties. Muskegon Football agrees to indemnify and hold harmless the City of Muskegon from
any such exposures or costs.
9. PRACTICE/TRAINING CAMP: Muskegon Football shall have daytime use of the arena
on game days beginning at 9:00AM. Additional opportunities to access Arena for practices will
be determined by Arena Manager and per availability.
10. LIABILITY/RESPONSIBILITY: Arena assumes no responsibility whatever for any
property of Muskegon Football placed in said building and arena is expressly relieved and
discharged from any and all liability for any loss, injury, or damage to persons or property that
may be sustained during the effective date of this contract by reason of the occupancy and
operation of said building or any part thereof under this agreement.
11. DEFAULT: Muskegon Football covenants that if any default is made in the payment of
fees or any part thereof at the time specified in this contract, or if any default is made in any of
the covenants or agreements herein contained, or if Muskegon Football cancels this agreement
for any cause, the provisions of this contract shall cease and terminate at the Arena’s option, and
Muskegon Football may be put out of the premises by appropriate legal proceedings. Further,
and in addition, should Muskegon Football be in default with regard to payments or fees due
hereunder or other default occur, the Arena shall be allowed, without initiating legal proceedings
against Muskegon Football and without verbal or written notice to take such money from box
office receipts due Muskegon Football and to withdraw from and/or to be relieved of the Arena’s
responsibilities under this agreement. Upon default, Arena may cease providing any or all
services called from this agreement. Muskegon Football shall save the Arena harmless from any
and all claims or actions for damages or injunctions.
12. FEES AND EXTRA SERVICES: Any sum due the Arena from Muskegon Football or
any accommodations, extra services, material or cost of repair, shall be a first lien on the box
office receipts and on any property of the Muskegon Football which may be in the L.C. Walker
Arena and Event Center. Settlements shall take place within 4 working days from game day. Any
balance due the Arena shall be paid at this time.
13. COMPLIANCE WITH LIQUOR LAWS: Muskegon Football acknowledges that all of
the L.C. Walker Arena and Event Center is a “licensed premises” under the Michigan Liquor
Control Act. Muskegon Football covenants that it will not do or permit to be done anything
which will violate the terms and conditions of said Liquor License or the regulations of the
Michigan Liquor Control Commission.
14. ENTRANCE: All articles, exhibits, fixtures, materials, displays, etc., shall be brought
into or out of the building at such entrances and exits as designated by the Arena Manager.
15. TERMINATION: Muskegon Football agrees upon the termination of this agreement, it
shall vacate the Arena leaving it in the same condition as it existed on the date of this agreement
except for the consequences of ordinary use and wear thereof and damage by the elements or fire
or other casualty.
16. RELATIONSHIP OF PARTIES: No provision of this Agreement herein contained shall
be construed by the parties or by any other person as one creating a partnership or joint venture
between the parties as to the use of the Arena by Muskegon Football or as to the operation of
Muskegon Football business in the Arena, it being the intent of the parties that this Agreement is
solely that of a contract for the use of a portion of the premises owned by the City and known as
the L.C. Walker Arena and Event Center.
17. REMOVAL OF PROPERTY: Personal equipment in connection with Muskegon
Football activities belonging to Muskegon Football shall be removed from the Arena at or before
the termination of this Agreement. Said property shall not include advertising facilities, fixtures,
locker room or arena equipment, non-removable signage, advertising or messages, scoreboards,
tables, platforms, benches, seating or any property except the personal belongings of Muskegon
Football and its personnel. All such excepted property shall be and is the property of the Arena
and shall be removed from the building.
18. NUMBER OF PATRONS: Muskegon Football shall fully cooperate with Arena and
shall not cause to be admitted to the premises a larger number of persons than the rated capacity
of the individual areas hereby rented. Maximum capacities shall be established as mandated by
the City of Muskegon Fire Departments. Capacities may be reduced due to setups or
obstructions.
19. PUBLIC AREA OBSTRUCTIONS PROHIBITIED: No portion of the sidewalks, ramps,
entries, corridors, passageways, vestibules, halls, lobbies, stairways, aisles, or access to public
utilities of the L.C. Walker Arena and Event Center shall be obstructed by Muskegon Football or
used for any purposes other than for ingress or egress from the day to day rental of d premises.
20. PUBLIC SAFETY: Muskegon Football agrees that at all times they will conduct their
activities with full regard to public safety, and will observe and abide by all applicable
regulations and requests by the Arena and duly authorized governmental agencies responsible for
public safety.
21. FLAMMABLE MATERIALS: Materials used for decorative purposes must be treated
with flame proofing and approved the Muskegon Fire Department. Nor shall Muskegon Football
without written consent of the Building Manager and approval of the appropriate City official,
such as the fire marshal, building inspector, or other appropriate official, place or operate any
engine or motor or machine on the premises, or use oils, burning fluids, kerosene, propane, or
gasoline, or any other flammable chemical for mechanical or other purposes.
22. CONDITION OF PREMISES: Muskegon Football shall have examined the premises
prior to the execution of this Agreement and are presumed to be satisfied with the physical
condition of the premises. Muskegon Football by entering into this Agreement and the usage of
the Arena, agrees that the premises are in safe, sanitary condition, and in good repair.
23. PERMITS, LICENSES AND COPYRIGHTS: Muskegon Football agrees to obtain and
pay for all necessary permits and licenses required by Federal, State or local laws. Muskegon
Football warrants that all copyrighted material to be performed has been duly authorized or
licensed by the copyright owners or/their representatives and agrees to indemnify and hold
harmless the City of Muskegon from any and all claims, losses, expenses, including legal fees,
which might arise from any such permits, licenses and copyrights.
24. RIGHT TO INSPECT: Arena reserves the right to inspect and control all events being
held on premises.
25. COMPLIANCE WITH LAW: Muskegon Football shall not conduct, or permit to be
conducted on the premises, any performance or activity which either by speech, song, music, or
other conduct, is in violation of the laws of the United States, the State of Michigan, or the rules
and regulations of the L.C. Walker Arena and Event Center.
26. ASSIGNMENT: Muskegon Football may not assign this day to day rental without the
prior written consent of the Arena.
27. UNAVAILABILITY OF FACILITIES: In the event that the facilities herein rented or
any portion thereof are not available for occupancy upon commencement or during the term of
this Agreement due to fire, casualty, acts of God, strikes or national emergency or other cause
beyond the control of the Arena, this permit and the obligations of the Arena and Muskegon
Football herein shall terminate. Muskegon Football hereby waives any claim against the Arena
for damages by reason of such termination.
28. BREACH OF AGREEMENT: In the case of the breach of any one or more of the terms
of this Agreement by Muskegon Football, the right to the use of the premises shall terminate
without notice or demand. Upon the termination of this Agreement, Muskegon Football agrees to
vacate the premises immediately. The parties agree that Arena is in full control of the premises
and may refuse admission to or put out any person including Muskegon Football for good cause.
No action by Arena under this paragraph shall cause forfeiture of any fees or payments due the
Arena.
29. CANCELLATION: Should Muskegon Football cancel an already scheduled game,
without giving a minimum of seven (7) days advance notice to the Arena Manager, the Arena
may charge Muskegon Football the full amount of Arena Fees Per Game as specified in Section
3(a) of this agreement.
30. BINDING EFFECT: Each and every term of this contract shall be binding upon the
parties and their successors and assigns, and cannot be varied or waived by any oral
representations or promise of any agent or other person of the parties hereto, unless the same be
in writing and mutually signed by the duly authorized agent or agents who executed this.
31. LEGAL CONSTRUCTION: The Agreement shall be governed by the laws of the State
of Michigan.
32. ENTIRE AGREEMENT: The parties hereto agree that all of their agreements are fully
set forth herein and that no oral statement or representations of any kind have been made upon
which either party shall have the right to reply. This shall not limit the Arena from imposing any
reasonable additional rules or regulations which may be necessary in the best interest of the
operations of the facilities.
IN WITNESS WHEREOF, the Arena and Muskegon Football have caused this indenture to be
executed the day and year first above written.
WITNESSES: L.C. Walker Arena
________________________________ By________________________________
________________________________ ________________________________
Muskegon Football
________________________________ By________________________________
________________________________ ________________________________
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: February 20, 2019
RE: LC Walker Arena Performance Agreement
SUMMARY OF REQUEST:
The City is working to host a concert at the LC Walker Arena. We are seeking to approval of the
attached performance agreement.
FINANCIAL IMPACT:
$14,000
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the City Manager to enter into the performance agreement with Pegboard Nerds to perform
at the LC walker arena on Friday, April 5, 2019.
COMMITTEE RECOMMENDATION:
None.
Contract #: 80845
Issue Date: --
Agent: Brad Rosen
Agreement made this date, Thursday, February 21, 2019 by and between Pegboard Nerds (hereinafter referred to as Artist) and City of Muskegon, ELQ
Entertainment Group (hereinafter referred to as Purchaser). It is understood and mutually agreed that the Purchaser engages the Artist to perform the following
engagement upon all the terms and conditions hereinafter set forth:
ARTIST: Pegboard Nerds VENUE: L.C. Walker Arena
BILLING: 100% Headline ADDRESS: 955 Fourth St.
DATE(S): Friday, April 5, 2019 Muskegon, MI 49440
CAPACITY: 2,788
AGES:
TICKETS: Tier Quantity Comps/Kills Ticket Price Total
(USD) GA Floor 1,300 -- $28.00 $36,400.00
Bowl 1,423 -- $23.00 $32,729.00
VIP/Suite 65 -- $48.00 $3,120.00
Totals 2,788 0
Gross Potential $72,249.00
Ticket Fees $3.00/ticket, Startickets Fee ($8,364.00) Net Potential $63,885.00
DEAL: $14,000 Flat Guarantee Plus Purchaser to provide and pay for hotels (1 rooms for 2 nights), backline, and local
ground transportation per artist's rider.
ADD'L ARTWORK / SET TIME / SET LENGTH / AND BILLING must be approved by agent prior to announcement.
PROVISIONS:
Purchaser agrees to provide and pay for High Quality Sound and Lights to meet with Artist's specifications and
approval.
There is to be absolutely NO advertising of any kind until the deposit has been received/verified by APA and the
marketing material have been approved in writing. Failure to comply with these terms will result in the show's
immediate cancellation and the deposit will be forfeited.
All wire transfers MUST yield the full amount of payment due to artist. Purchaser is responsible for ALL wiring
fees.
WLKOUT PTNTL: $14,000.00
ANNOUNCE DATE: To Be Determined ON SALE DATE: To Be Determined
OTHER ARTISTS: TBD - Local/Regional Act
MERCH: 90/10% All Merchandise . Venue sells
SCHEDULE: Load In Per Advance TBD - 7:30 pm, TBD
Sound Check Per Advance Local/Regional Act
Doors 6:45 pm Pegboard Nerds 8:45 pm, 90 minutes
Show 7:30 pm Curfew 11:00 pm
PAYMENTS: $7,000.00 USD deposit payable by Wire Transfer/ACH/Cashier's Check to APA, due immediately.
$7,000.00 USD deposit payable by Wire Transfer/ACH/Cashier's Check to APA, due no later than Friday, March
22, 2019
Account #: 478 006 4698 / Swift #: BOFCUS33MPK / ABA #: 122 000 496
Account Name: Agency for the Performing Arts, Inc
Bank Address for Wire Transfers Only: Union Bank of California / 9460 Wilshire Blvd Beverly Hills, CA 90212
Do not send checks to this address.
Please include Artist and performance date on the payment memo.
Balance, including any overages, to be paid by Per Advance to ARTIST. (Tax ID: ) immediately prior to
performance(s).
CONTACTS: Erik Quintero (Talent Buyer) PH: 231-638-3875 Email: equintero81@yahoo.com
405 S. Beverly Drive, Beverly Hills, CA 90212
150 Fourth Ave N, Suite 2300 Nashville, TN 37219 Page 1 of 4
135 West 50th St. 17th floor New York, NY 10020
129 John St. Toronto, ON M5V 2E2
Contract #80845
Erik Quintero (Talent Buyer) PH: 231-638-3875 Email: equintero81@yahoo.com
Failure to present the engagement shall not relieve the Purchaser of the obligation to pay the guarantee in full.
It is expressly understood by the Purchaser(s) and the Artist who are party to this contract that neither APA, Inc. nor its officers nor its employees are parties to
this contract in any capacity and that neither APA, Inc. nor its officers nor its employees are liable for the performance breach of any provisions contained
herein. Should any Rider, Addendum and/or Expense sheet be annexed to this Agreement it/they shall also constitute as part of this agreement and shall be
signed by all parties to this contract. This contract and its attachments may be executed and exchanged electronically or by fax.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
BY: X BY: X
SIGNATURE OF PRESENTER SIGNATURE OF ARTIST REPRESENTATIVE
Erik Quintero Pegboard Nerds
City of Muskegon c/o APA
933 Terrace St
Muskegon, MI 49440 Phone: Fax:
Email: equintero81@yahoo.com
Phone: 231-638-3875
ELQ Entertainment Group
Phone:
405 S. Beverly Drive, Beverly Hills, CA 90212
150 Fourth Ave N, Suite 2300 Nashville, TN 37219 Page 2 of 4
135 West 50th St. 17th floor New York, NY 10020
129 John St. Toronto, ON M5V 2E2
Contract #80845
STANDARD TERMS AND CONDITIONS
PRODUCTION CONTROLS: Artist shall have sole and exclusive creative control over the production, presentation and performance of Artist's engagement
hereunder and any changes thereto. Purchaser agrees to comply promptly with the directions of Artist or Artist's representative concerning stage settings for
Artist's engagement hereunder.
ARTIST'S COMPENSATION: If payment to Artist is based in whole or in part on receipts from Artist’s engagement hereunder, Purchaser shall first apply any and all
receipts derived from Artist's engagement toward the payments required to be made by Purchaser hereunder. Purchaser agrees to provide Artist or Artist's
representative with a certified statement of the gross receipts of Artist's engagement within two (2) hours following Artist's engagement. Artist may have a
representative present at the box office who shall have access to Purchaser's box office records relating to Artist's engagement. Artist's compensation shall be
paid to Artist without any deductions for taxes, fees, levies or union dues whatsoever, all of which shall be the sole responsibility of Purchaser.
BALANCE OF GUARANTEE: The balance of the Guarantee shall be paid to Artist via bank wire no later than the scheduled engagement date if Purchaser fails to
present the engagement.
OVERAGES: All overage monies owed to Artist shall be paid to Artist immediately following Artist's performance by cash or cashier's check only.
ROYALTIES: Purchaser will be responsible for the payment of all music royalties in connection with Artist's engagement hereunder.
WORK PERMITS AND VISAS: Purchaser shall be solely responsible for procuring and paying for, at no cost to Artist, all work permits and visas required for the
engagement. Failure to procure such work permits and visas or provide necessary documentation to obtain them will be deemed a material breach of this
Agreement, and Artist (i) will be relieved of any further obligations Artist may have pursuant to this Agreement; (ii) shall have the right to retain all monies
previously paid by Purchaser; and (iii) shall be entitled to exercise all rights and remedies otherwise available to Artist at law, in equity or otherwise as if Artist has
fully performed all obligations under this Agreement. Artist agrees to provide all personal information reasonably required in order to enable Purchaser to procure
such work permits and visas.
CONFIDENTIALITY: Purchaser understands and agrees that no information regarding show grosses or attendance will be reported to any third party without the
express prior written permission of Artist or Artist's representative. Failure to comply will be treated as a material breach of this Agreement, and Artist reserves all
rights and remedies available to Artist at law, in equity or otherwise. Under no circumstance is Purchaser to announce or advertise the engagement without the
prior written approval of Artist or Artist's representative.
ARTIST'S RIGHT TO PAYMENT OF GUARANTEE IN ADVANCE: If: (a) Purchaser fails to pay when due any amounts owed Artist hereunder when due; or (b)
Purchaser fails to perform any material obligations hereunder, or (c) Artist has good faith reason to believe the Engagement may be cancelled, then Artist shall
have the right to request full payment of the Guarantee in advance of the engagement date(s) and Purchaser agrees to remit full payment of the Guarantee to
Artist via bank wire promptly upon request.
BILLING: Artist's engagement hereunder shall receive billing in such order, form, size and prominence as directed by Artist or Artist's representative in all
advertising and publicity issued by or under the control of Purchaser, including, but not limited to, displays, newspapers, radio and television ads, posters and
house boards.
USE OF ARTIST'S NAME AND IMAGE: Purchaser may only use Artist's name and pre-approved voice, photograph, likeness, image or other identification of Artist in
connection with Purchaser's advertisements and publicity for Artist's engagement hereunder. Purchaser may not use Artist's name, voice, photograph, likeness,
image or other identification of Artist as a direct or implied endorsement of any product or service. There shall be no corporate or product or service name or logo
included in any such advertising or publicity without the prior written approval of Artist or Artist's representative obtained in each instance. Notwithstanding the
foregoing, the placement, form, content, appearance and all other aspects of Purchaser's use of Artist's name, voice, photograph, likeness, image or other
identification of Artist shall at all times be subject to the prior written approval of Artist or Artist's representative.
MERCHANDISING: Artist shall have the exclusive right to sell merchandise in connection with Artist's engagement hereunder, including but not limited to, soft
goods (e.g. T-shirts), souvenir programs, photographs, posters, stickers and CDs, on the premises or otherwise, and Purchaser shall have no right to share in the
proceeds from the sale of such merchandise.
NO REPRODUCTION PERMITTED: Purchaser will not and will not permit or authorize others (including, but not limited to, venue employees, representatives and
contractors) to record, broadcast, photograph or otherwise reproduce in any manner the audio or visual performance by Artist or any part thereof.
STAGE SEATS: It is understood and agreed that no stage seats are to be sold or used without the prior written consent of Artist or Artist's representative.
PROMOTION: Purchaser shall not announce, advertise, promote or sell tickets to Artist's engagement until written authorization has been obtained from Artist or
Artist's representative. Purchaser agrees to promote the engagement to the best of Purchaser's ability by print, radio, and website and otherwise. There shall be
no promotion or co-promotion with any radio station without the prior written approval of Artist or Artist's representative. Purchaser shall not commit Artist to any
interviews, promotional appearances, meet and greets or other promotional activities without the prior written consent of Artist or Artist's representative.
TICKETS: All tickets shall be numbered. No tickets shall be priced at higher than the agreed upon price
(exclusive of tax) without the prior written approval of Artist or Artist's representative. If ticket price scaling is varied in any manner, the percentage of
compensation payable to Artist shall be based on whichever of the following is more favorable to Artist: (i) the ticket price scaling set for in the underlying
Agreement or as otherwise agreed in writing by the parties; or (ii) the actual ticket price. There shall be no dynamic ticket pricing without the prior written approval
of Artist or Artist's representative. Any inclusion of Artist's engagement hereunder in a subscription or series offer shall be subject to the prior written consent of
Artist or Artist's representative.
INDEMNIFICATION: Purchaser shall defend, indemnify and hold harmless Artist, and any and all employees of Artist and any and all representatives of Artist from
and against any and all costs, claims, expenses
(including attorneys' fees and court costs), liabilities, damages, losses or judgments arising out of or in connection with, any claim, action or demand sustained as
an indirect or direct result of, Artist's engagement hereunder.
INSURANCE: Purchaser shall add Artist and Artist's employees as additional insureds to a commercial general liability insurance policy with limits of liability of
Five Million Dollars ($5,000,000) for each occurrence in the event of death or bodily injury arising from the negligence of Purchaser as promoter and operator of
the Venue. In addition, Artist and Artist's employees shall be covered by Purchaser's worker's compensation insurance. Purchaser shall provide evidence of the
required insurance coverage prior to Artist's engagement hereunder.
405 S. Beverly Drive, Beverly Hills, CA 90212 _________ Initial
150 Fourth Ave N, Suite 2300 Nashville, TN 37219 Page 3 of 4
135 West 50th St. 17th floor New York, NY 10020
129 John St. Toronto, ON M5V 2E2
Contract #80845
PURCHASER'S DEFAULT/CANCELLATION: If, on or before the date of Artist's engagement, Purchaser fails or refuses to perform any contractual obligations
relating to Artist's engagement herein and/or any contractual obligation with any other performer, or if the financial status of Purchaser has been impaired, or in
the opinion of Artist or Artist's representative, is unsatisfactory, Artist shall have the right to demand payment of the full Guarantee. If Purchaser fails or refuses to
make such payment, then such failure shall be deemed a material breach of this Agreement, and Artist shall have the right, without prejudice to any other rights or
remedies, to:(i) immediately terminate this Agreement and cancel Artist's engagement hereunder; (ii) retain all amounts previously paid to Artist by Purchaser; (iii)
receive the full Guarantee (or balance thereof)and all out of pocket expenses incurred by Artist in connection with Artist's engagement. For the avoidance of
doubt, Purchaser shall remain responsible for all transportation, accommodations and expense reimbursements for Artist and Artist's entourage pursuant to this
Agreement.
ARTIST'S CANCELLATION: Purchaser agrees that Artist may cancel Artist’s engagement hereunder without liability by giving the Purchaser notice thereof at least
thirty (30) days prior to the commencement date of the engagement hereunder. Upon termination of this agreement in accordance with this paragraph, Artist shall
return to Purchaser any deposit previously received by Artist in connection with the engagement. Subject to the foregoing, upon such termination, the parties shall
have no further rights or obligations hereunder, and each of the parties shall bear its own costs incurred in connection with this agreement.
FORCE MAJEURE: If, as the result of a Force Majeure Event (as defined below), Artist is unable to, or is prevented from, performing the engagement or any portion
thereof, Artist's obligations hereunder will be fully excused, there shall be no claims of any kind for damages or expenses of any kind by Purchaser, and Purchaser
shall bear its own costs and expenses in connection with this Agreement. Notwithstanding the foregoing: (i) Purchaser shall be obligated and liable to Artist for
such proportionate amount of the payments provided for herein as may be due hereunder for any performance(s) which Artist may have rendered up to the time
of the inability to perform by reason of such Force Majeure Event; and (ii) in the event of such
non-performance as a result of a Force Majeure Event, if Artist is ready, willing and able to perform (but for the occurrence of such Force Majeure Event),
Purchaser shall nevertheless pay Artist an amount equal to the full Guarantee plus all other payments and compensation due hereunder. For clarification, in the
event of cancellation due to any Force Majeure Event, and whether or not Artist is ready, willing and able to perform, Purchaser shall remain responsible for all
transportation, accommodations, expense reimbursements and any other payments or compensation due Artist and Artist's crew and entourage pursuant to the
terms of this Agreement.
A "Force Majeure Event" shall mean, but shall not be limited to, any one or more of the following acts which makes any performance by Artist contemplated by this
Agreement impossible, infeasible or unsafe: acts of God; acts of public enemy; acts or threats of terrorism; insurrections; riots or other forms of civil disorder;
embargoes; labor disputes (including, without limitation, strikes, lockouts or boycotts); fires; explosions; floods; shortages of power or other essential services;
failure of technical facilities; failure or delay of transportation; death, disability, illness, injury or other inability to perform by Artist, any of Artist's musicians, other
performers, crew, representatives or advisors, any of Artist's family members, any of Purchaser's key personnel, or any other person personally known to Artist
whose death, disability, illness or injury adversely impacts Artist's ability to perform in connection with the engagement; or other similar or dissimilar causes
beyond the control of Artist which make any performance(s) contemplated by this Agreement impossible, infeasible or unsafe. For the avoidance of doubt, poor
ticket sales shall not be deemed a Force Majeure Event.
INCLEMENT WEATHER: Notwithstanding anything to the contrary contained herein, inclement weather shall not be deemed a Force Majeure Event, and Purchaser
shall remain liable for payment to Artist of the full Guarantee plus all other compensation due hereunder if Artist's engagement is rendered impossible, infeasible
or unsafe by such weather conditions. For clarification, Purchaser shall remain responsible for all other terms and conditions of this Agreement, including, without
limitation, accommodations, transportation and expense reimbursements for Artist and Artist's crew and entourage.
LIMITATION OF LIABILITY: In no event shall Artist (nor any of Artist's agents, representatives, principals, employees, officers, directors and affiliates) be liable to
Purchaser for any indirect, incidental, consequential, special, punitive, exemplary or any similar damages, including, without limitation, lost profits, loss of revenues
or income, cost of capital or loss of business reputation or opportunity, as to any matter relating to, or arising out of, Artist's engagement hereunder or the
transactions contemplated by this Agreement, whether in contract, tort or otherwise.
NOTHING CONTRARY TO LAW: Nothing herein contained shall require the commission of any act contrary to law or contrary to the restrictions of any guild or
union having jurisdiction over Artist's engagement hereunder. In the event of any conflict between any provision of this Agreement and any such law or restriction,
such law or restriction shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict.
ENTIRE AGREEMENT: These Standard Terms and Conditions are hereby incorporated into the Agreement and any addendum(s) thereto. In the event of any
conflict between these Standard Terms and Conditions and the Artist's rider provided by Artist or Artist's representative attached hereto (if any), Artist's rider shall
control. This Agreement shall constitute the entire agreement between the parties hereto concerning the subject matter hereof and may not be modified except by
an instrument in writing signed by both parties. This Agreement shall be construed in accordance with the laws of the State of California, and the state and federal
courts located in Los Angeles County in the State of California shall have exclusive jurisdiction over any matters pertaining hereto.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and
the same instrument. Delivery of an executed copy of this Agreement by facsimile or electronic delivery shall be deemed a valid and binding original.
405 S. Beverly Drive, Beverly Hills, CA 90212 _________ Initial
150 Fourth Ave N, Suite 2300 Nashville, TN 37219 Page 4 of 4
135 West 50th St. 17th floor New York, NY 10020
129 John St. Toronto, ON M5V 2E2
Powered by TCPDF (www.tcpdf.org)
Commission Meeting Date: February 26, 2019
Date: February 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 351 W
Western
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone Certificate has been received from
351 Phase II, LLC for the construction of 15 market-rate apartments as part of Phase II
of their mixed-use development project. The estimated project cost is $210,000 per unit.
The property was approved as a Neighborhood Enterprise Zone District on May 9,
2017. The applicant has met local and state requirements for the issuance of the NEZ
certificate. They have requested the maximum 15 years for the exemption.
FINANCIAL IMPACT:
One-half of the previous year’s state average principal residence millage rate will be applied
to the value of the facility for a duration of 15 years, with a three-year phase out (they will
receive 75% of the abatement in year 13, 50% in year 15 and 25% in year 15).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate for 15 years.
COMMITTEE RECOMMENDATION:
None
2/21/2019
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate for a new facility has
been filed with the City Clerk by 351 Phase II, LLC to construct new market-rate residential
apartments at 351 W Western Ave in the “Unit 7” Neighborhood Enterprise Zone District, and;
WHEREAS, the Neighborhood Enterprise Zone Certificate will only be applied to the 15
market-rate apartment units in the mixed-use development, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15)
years and no extensions will be granted;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for a new facility for the market-rate apartments at 351 W Western Ave by 351
Phase II, LLC be approved.
Adopted this 26th day of February, 2019.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
2/21/19
CERTIFICATION
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 February 26, 2019.
By: ________________________
Ann Meisch
City Clerk
2/21/19
Commission Meeting Date: February 26, 2019
Date: February 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request for Final Planned Unit Development (PUD) Approval –
Hartshorn Village
SUMMARY OF REQUEST:
Request for final PUD approval for a mixed-use development at 920, 1000, 1010, 1050
and 1060 W Western Ave. The development will include 55 single family homes, a
clubhouse, and improvements to the Hartshorn Marina and Fricano’s Place.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the PUD with some minor conditions listed in the staff
report
COMMITTEE RECOMMENDATION:
The Planning Commission approved a motion to recommend approval of the PUD, with
the staff recommended conditions by a 7-0 vote, with two members absent.
PLANNING COMMISSION STAFF REPORT EXCERPT
FEBRUARY 14, 2019
SUMMARY
1. The proposed development includes the usage of five parcels on W Western Ave:
920 (City Marina), 1000 (Former City-owned parking lot), 1010 (Bike Path), 1050
(Fricano’s), and 1060 (Bike Path).
2. The zoning of these parcels are B-2, Convenience & Comparison Business; I-2,
General Industrial; LR, Lakefront Recreation and Form Based Code, Neighborhood
Edge.
3. All together, the development includes 14.48 acres of land.
4. The PUD requirements for B-2 Districts state: The intent of Planned Unit
Developments in the B-2 Convenience and Comparison Business Districts is to allow
mixed land uses which are compatible to each other, while prohibiting nonresidential
uses which would not be compatible or harmonious with residential dwellings.
5. The PUD requirements for I-2 Districts state: The intent of Planned Unit
Developments in the I-2 General Industrial District is to allow mixed land uses, which
are compatible to each other.
6. The PUD requirements for LR Districts state: The intent of Planned Unit
Developments in the LR Lakefront Recreation Districts is to allow mixed land uses,
which are compatible to each other, while prohibiting nonresidential uses which
would not be compatible or harmonious with lakefront recreation activities, or
residential dwellings.
7. The Form Based Code section of the zoning ordinance allows Specific Development
Plans, intended to allow applicants flexibility to address market conditions and
opportunities, including the master planning of large lots exceeding the maximum
block dimensions as outlined in Section 2004, as well as the consolidation of multiple
properties to create predictable and market responsive development for the area.
8. The project calls for 55 single-family detached houses. Phase 1 will include 34 units
and Phase 2 will include an additional 21 units.
9. The residential units are 26 feet wide and setback 10 feet from each other. Units 1
and 10 are a little wider and shaped differently than the rest.
10. Residential units will consist of the “Schooner” and “Clipper” models, as depicted in
the handouts. These will vary between 1, 1.5 and 2.5 story homes. Every home will
have a garage. There are six units that will have an extra detached garage for extra
storage.
11. Basements are not possible in this development due to groundwater levels.
12. Other improvements to the land include marina upgrades, a new clubhouse,
improvements to the greenspace north of Fricano’s, relocation of Fricano’s lower
level parking, bike path relocation, Park improvements and rerouting of traffic to the
boat launch.
13. The current road between the Marina entrance and the boat launch would be removed
and a new road would be located to the west of Fricano’s Place. The new road will
provide access to the boat launch. The boat launch area will lose a few parking
spaces just to the east of the boat launch. These will be replaced along the new road
leading into the boat launch. All internal roads will be private. The roads leading to
the marina and boar launch will be public within dedicated easements. No gates are
proposed other than to keep the existing one into the marina.
14. The current bike path would be sold to the developer and used as patio space for the
residential units. The bike path will be relocated just to the north.
15. The chain link fence at the marina would be removed and replaced with a 4-foot tall
wrought iron fence.
16. There are 50 parking spaces located near the club house. These will serve the club
house and as overflow parking for residences. Other overflow lots for residences will
include the two parking lots for Fricano’s.
17. While traditional sidewalks are not incorporated, there are several concrete pathways
that connect the publicly-accessible bike path.
18. The plan exceeds the ordinance requirements for open public space and landscaping.
19. Any approvals will be contingent upon issuance of a storm water permit from the
Drain Commissioner. Stormwater improvements should eliminate the flooding that
occurs near the current bike path. The applicant will be prosing a temporary holding
and treatment process that will leach into the lake.
20. Plans are still being reviewed by other City departments. Comments will be made
available at the meeting.
21. Phase 1 will include all improvements except for the residential units (and associated
internal road) depicted in Phase 2.
22. The development proposes fill to raise the elevation of the property over the 100-year
flood plain (584.5 feet). This will require a permit from the DEQ.
Zoning Map
Aerial Map
DELIBERATION
• I move that the request for preliminary Planned Unit Development (PUD) approval
for a mixed-use development at 920, 1000, 1010, 1050 and 1060 W Western Ave be
(approved/denied).
• I move that the request for final Planned Unit Development (PUD) approval for a
mixed-use development at 920, 1000, 1010, 1050 and 1060 W Western Ave be
recommended to the City Commission for (approval/denial) with the following
conditions:
o The bike path be elevated with culverts to avoid flooding.
o A sidewalk shall be installed along the new road that leads to the boat launch.
o The bike path shall be constructed to AASHTO standards for non-motorized
trails.
o The pavement between homes on units 8-26 and 40-48 should be reduced by
at least half and replaced with more greenspace and landscaping.
o The public roads shall have a minimum of 4” asphalt over 8” of gravel and the
interior private roads shall have a minimum of 3” asphalt over 6” of gravel.
o Spacing between fire hydrants shall not exceed 500 feet.
o All approvals shall be contingent upon the issuance of a stormwater permits
from the Drain Commissioners office.
CITY OF MUSKEGON
RESOLUTION #2019-
RESOLUTION TO APPROVE THE FINAL PLANNED UNIT DEVELOPMENT FOR 920,
1000, 1010, 1050 AND 1060 W WESTERN AVE
WHEREAS, a petition for a Planned Unit Development was received for a mixed-use
development at 920, 1000, 1010, 1050 and 1060 W Western Ave; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Final
Planned Unit Development and associated site plan, with the following conditions:
o The bike path be elevated with culverts to avoid flooding.
o A sidewalk shall be installed along the new road that leads to the boat launch.
o The bike path shall be constructed to AASHTO standards for non-motorized
trails.
o The pavement between homes on units 8-26 and 40-48 should be reduced by
at least half and replaced with more greenspace and landscaping.
o The public roads shall have a minimum of 4” asphalt over 8” of gravel and the
interior private roads shall have a minimum of 3” asphalt over 6” of gravel.
o Spacing between fire hydrants shall not exceed 500 feet.
o All approvals shall be contingent upon the issuance of a stormwater permits
from the Drain Commissioners office.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the final Planned Unit Development is hereby approved, contingent
upon the conditions listed above being incorporated into a revised site plan, to be approved by
staff.
Adopted this 26th day of February, 2019
Ayes:
Nays:
Absent:
By: Attest: _______________________________
Stephen J. Gawron, Mayor Ann Meisch, City of Muskegon Clerk
CERTIFICATE (Final PUD 920, 1000, 1010, 1050 and 1060 W Western Ave )
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of February, 2019, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and
that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2019. _______________________________________
Ann Meisch
Clerk, City of Muskegon
SHORELINE VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.1 (tm)
Coast Guard Series 7.
8.
'A'
SHORELINE VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.2 (tm)
Coast Guard Series 7.
8.
'A'
ENTRY VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1. 3 (tm)
Coast Guard Series 7.
8.
'A'
72 '- 0"
DESCRIPTION
Review Set
Owner
ISSUE
STORAGE
7.7.18
DATE
2050DH 2050DH 2046A W 2860DH 2860DH 2816A W 3060DH 3060DH
1010LV
NO.
8.
5.
2.
3.
6.
7.
4.
1.
SHWR R R
3032
(tm)
8'-6 "
Coast Guard Series
11 '- 0"
WIC MASTER
2880
B A TH
Hartshorn
3080
6080
Village
2880
3080
MASTER BD RM
GARAGE
18080
80
30
26 '- 0"
26 '- 0"
5050F X
10 '- 10"
11 '- 0"
H
FX
30620D
2680 2680
3080
L IN
CLO
UP DIN ING
FH
30620DX
BF1
KITCH EN
B A TH
BF
6'-8 "
3
2650DH 2650DH
4080
R
B3
CLO.
6
4'-0 "
25
BF
BF2 D W T B 24R
22
9
3080 2846A W 2846A W 3060DH 3060DH 3060DH
3048DH 3048DH
Clipper
Elevation
Cottage
'A'
LIVING AREA
1 28 6 S Q F T
24 '- 0" 48 '- 0"
Garage Area: 520 s.f.
Main Floor: 1,286 s.f.
Upper Floor: 1,125 s.f.
1/4"=1'-0"
Total Area: 2,931 s.f.
A1. 4
Floor plan Layout
SCALE:
SCALE: 1/4" = 1'-0"
72 '- 0"
DESCRIPTION
Review Set
Owner
ISSUE
7.7.18
DATE
NO.
8.
5.
2.
3.
6.
7.
4.
1.
2848DH 2848DH 2848DH
2636DH 2636DH
(tm)
Coast Guard Series
R
R R
3032
A TTI C A TTI C
Hartshorn
STORAGE R R R
B A TH
BEDROOM
Village
3068
68
22 '- 0"
30
2040DH
SHWR
30
68
3068
BUNK RM / STORAGE 5080
26 '- 0"
L IN
CLO
1680
2880
HALL
30
68
68
30
DN
A TTI C A TTI C
UP
STORAGE BEDROOM
5080
CLO
2636DH 2636DH
OPEN STAIRS
Clipper
2848DH 2848DH
Elevation
Cottage
3048DH 3048DH
'A'
LIVING AREA
1 12 5 S Q F T
24 '- 0" 48 '- 0"
72 '- 0"
A1.5
UPPER FLOOR PLAN
SCALE: 1/4" = 1'-0"
SCALE:
1/4" = 1'-0"
FRONT ELEVATION
SCALE:
BACK ELEVATION
1/4" = 1'-0"
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.6 (tm)
Coast Guard Series 7.
8.
'A'
SCALE:
SCALE:
SIDE ELEVATION
1/4" = 1'-0"
1/4" = 1'-0"
ENTRANCE ELEVATION
ROOF PEAK = 34'-0"
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1. 7 (tm)
Coast Guard Series 7.
8.
'A'
- INTERIOR PERSPECTIVE -
VIEW FROM KITCHEN TO LIVING RM.
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
2.
Clipper Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1. 8 (tm)
Coast Guard Series 7.
8.
'A'
SHORELINE VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
Schooner 2.
Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.1 (tm)
Coast Guard Series 7.
8.
'A'
SHORELINE VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
Schooner 2.
Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.2 (tm)
Coast Guard Series 7.
8.
'A'
ENTRY VIEW
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
Schooner 2.
Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1. 3 (tm)
Coast Guard Series 7.
8.
'A'
72 '- 0"
DESCRIPTION
Review Set
Owner
ISSUE
7.7.18
DATE
3048DH 3048DH
1'-7 "
2050DH 2050DH 2860DH 2860DH 2860DH 3060DH 3060DH
1010LV
NO.
8.
5.
2.
3.
6.
7.
4.
1.
2068
R R
3032
(tm)
MEC H
Coast Guard Series
11 '- 0"
Hartshorn
LIVING
3080
M B A TH
2880
UP
6080
CLO.
Village
2880
MASTER BD RM
2680
W.I .C.
18080
GARAGE
80
30
26 '- 0"
26 '- 0"
3080
5'-9 1 /4" +
11 '- 0"
5080
2680
3060DH
LAU NDR Y DIN ING
3060DH
BF1
KITCH EN
B A TH
5080
BF
ENTR Y
3
2050DH 2050DH
R
B3
CLO.
6
4'-0 "
25
BF
BF2 D W T B 24R B 24R
22
9
3680 2646S C 3046A W 9460MU
Schooner
Elevation
Cottage
'A'
LIVING AREA
1 26 1 S Q F T
24 '- 0" 48 '- 0"
72 '- 0"
Garage Area: 520 s.f.
Main Floor: 1,260 s.f.
Upper Floor: 1,243 s.f.
Total Area: 3,023 s.f.
1/4"=1'-0"
A1. 4
Floor plan Layout
SCALE:
SCALE: 1/4" = 1'-0"
72 '- 0"
DESCRIPTION
Review Set
Owner
ISSUE
3048DH 3048DH
7.7.18
DATE
2848DH 2848DH 2848DH 3048DH 3048DH
1010LV
NO.
STAIRS
8.
5.
2.
3.
6.
7.
4.
1.
R
R
3032
A TTI C
(tm)
R R R
Coast Guard Series
BEDROOM
Hartshorn
HALL FAM ILY
UTI LITY DN UP DECK
6068
Village
68
28
2040DH
22 '- 0"
2868
STORAGE
26 '- 0"
3068
2868
2868
CLO. BEDROOM
SB38
SHWR
2668
B A TH 2468
6260MU
4068
A TTI C OPEN BELOW
SB38
2668
B A TH
2068
2668
4'-0 "
B 39
SHWR CLO
2648S C 2648S C 2648S C 2648S C 9460MU
Schooner
Elevation
Cottage
'A'
24 '- 0" 48 '- 0"
72 '- 0"
LIVING AREA
1 24 6 S Q F T
A1.5
UPPER FLOOR PLAN
SCALE: 1/4" = 1'-0"
SCALE:
1/4" = 1'-0"
FRONT ELEVATION
SCALE:
BACK ELEVATION
1/4" = 1'-0"
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
Schooner 2.
Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1.6 (tm)
Coast Guard Series 7.
8.
'A'
SCALE:
SCALE:
SIDE ELEVATION
1/4" = 1'-0"
1/4" = 1'-0"
ENTRANCE ELEVATION
ROOF PEAK = 34'-0"
ISSUE
NO. DATE
DESCRIPTION
1. Owner
7.7.18
Review Set
Schooner 2.
Hartshorn 3.
4.
Cottage Village 5.
Elevation 6.
A1. 7 (tm)
Coast Guard Series 7.
8.
'A'
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: February 20, 2019
RE: Land Swap – Damfino Development
SUMMARY OF REQUEST:
Staff previously proposed selling approximately .63 acres of property to Damfino Development after
receiving a purchase offer from the group. Commissioners recommended that staff pursue a land
swap for similarly-sized parcel as an alternative. Staff is recommending that the attached revised offer
be considered for approval. The revised offer provides the City of Muskegon with .63 acres of dune
land along Lakeshore Drive – this property is adjacent to the city owned parcel located at 2275 Beach
Street. In addition to the .63 acres of land, Damfino Development is proposing to contribute $25,000
to the City’s upcoming 150th Anniversary Celebration.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To accept the proposal from Damfino development and authorize staff to complete the transaction.
COMMITTEE RECOMMENDATION:
None.
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BENCHMARKS: BM #9 MUSGEGON, MI 49440
PROPERTY IRON CONCRETE MONUMENT DECIDUOUS TREE 610
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BM #1: E UPPER FLANGE BOLT UNDER "E" ON HYDRANT, N SIDE OF CHANNEL, 288' S OF FULTON AVE CUL-DE-SAC 590
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Tuesday, August-07-2018 at 2:38pm O:\1806064 Pigeon Hill Development\Drawings - 1806064\Civil\064 - Existing Conditions.dwg jlo
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COMMISSION MEETING DATE February 26, 2019
Date: February 20, 2019
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Short Term Vacation Rentals
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission consider approving a stand-alone
ordinance “Short Term Vacation Rentals” regulation. The city has experienced an increase
in short term vacation rentals over the past couple of years. These specialty rental offerings
are not regulated in our current “Housing Rental” ordinance. The ordinance will address
applying and receiving a short term rental certificate and a safety inspection of the unit(s).
Certificate holders will be responsible for insuring tenants are aware and complies with
relevant city ordinances, with a focus on number of occupants, recreational fires, parking,
fireworks, noise, and trash to name a few noted problem areas that staff has experienced in
an attempt to regulate short term rentals. The requested ordinance will improve neighborhood
relations where short term rentals are now located, create a safer and peaceful environment
for short term tenants and residents. The staff recommends the annual fee of the Short Term
Vacation Rentals to be $250.00 annually.
FINANCIAL IMPACT:
Revenue generated will be put into a separate account to be used for expenses and
purchasing amenities for parks.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the short term vacation rentals ordinance.
1|P a g e
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 10, Article VI of the Code of Ordinances of the City of Muskegon,
Michigan, Section 353 is adopted to read as follows:
Sec. 10-353. Short Term Vacation Rentals.
(a) Purpose. This section, concerning the registration of short term vacation rentals in
the city, is enacted to protect the health, safety and welfare of persons in the city by
providing the city with the information necessary to ensure compliance with safety,
structure and fire laws, identify business activities and establishments which affect or
involve matters related to traffic, congestion, occupancy and density of occupancy,
the physical condition of places where persons are renting as short term vacation
rentals, and the enforcement of the law, including local, state and federal laws, rules
and regulations, applying to short term vacation rentals located in the city.
(b) Definitions. In addition to the definitions provided for in Section 10-281, the
following terms shall mean:
Business Activity shall mean the advertising for lease or rental of any structure for
a short term vacation rental.
Family shall mean
(1) An individual or group of two (2) or more persons related by blood, marriage,
or adoption, together with foster children and attendants of the principal
occupants who are domiciled together as a single housekeeping unit in a dwelling
unit; or
(2) A collective number of individuals domiciled together in one (1) dwelling
unit whose relationship is of a continuing, non-transient domestic character and
who are cooking and living as a single nonprofit housekeeping unit. This
definition shall not include any society, club, fraternity, sorority, association, half-
way house, lodge, coterie, organization, group of students, or other individuals
whose domestic relationship is of a transitory or seasonal nature, or is otherwise
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not intended to be of a permanent nature. Said definition shall not apply in
instances of group care centers or state licensed residential facilities as established
under P.A. 395 of 1976.
(3) Living arrangements which would otherwise comply with the description of a
family shall not constitute a family if the said arrangements have occurred as a
result of commercial or other advertising, or the offering of rooms for rent. Any
financial arrangement, except a true sharing of the expenses of all the facilities in
the single household unit shall be presumed to constitute renting a room or rooms
and to have resulted from the offering of rooms for rent or commercial or other
advertising. Where rooms have been rented, or persons live in the house in
response to commercial advertising or the offering of rooms for rent, the living
arrangement shall be presumed to constitute a rooming house and not a family. A
person claiming the status of family shall have the burden of proof of each of the
elements set forth in the relevant definitions of this ordinance.
Remuneration shall mean the act of paying or compensating a person for use of a
short term vacation rental.
Short term vacation rental means a commercial use which is subordinate to the
residential use of a dwelling unit, in which a tenant is allowed to lease the
dwelling unit or a portion of the dwelling unit for periods of less than one
calendar month but more than 24 hours in return for remuneration. The rental of
transitional houses operated by a charitable organization, group homes such as
nursing homes, and adult foster care homes, substance abuse rehabilitation clinics,
mental health facilities and other similar health care related facilities shall not be
considered short term vacation rentals.
Short term vacation rental unit means a dwelling unit used for at least one short
term rental within a calendar year.
(c) Requirements. No person shall operate or conduct, maintain or manage or advertise
for lease a short term vacation rental establishment without first obtaining a certificate
of short term vacation rental registration in the manner provided in this chapter and if
the owner has more than three short term vacation rental establishments a business
registration.
(d) Application procedure. An applicant for a certificate of short term vacation rental
registration shall make application to the Director of Public Safety or his designee on
a form prescribed by the Director of Public Safety or his designee, which shall
contain at least the following information:
(1) The full names, business addresses and residence addresses of the owners,
proprietors, officers and local addresses of all owners, proprietors and officers and
managers of the applicant's business; the names and addresses of each officer, if
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the applicant is a corporation; the names and addresses of all partners, if a
partnership; and the names and addresses of all members, if a limited liability
corporation.
(2) A list of all assumed, trade or firm names under which the registered applicant
intends to do business.
(3) The location of the short term vacation rental.
(4) The name, telephone number, address, e-mail address and cell phone number
for text messages of the person to notify in the event of an emergency.
(e) Terms. Each certificate of short term vacation rental registration issued pursuant to
this chapter shall be for a duration not to exceed one year and shall terminate on April 30,
following issuance thereof.
(f) Renewal. Any certificate of short term vacation rental registration issued under this
section must be renewed in the manner set forth in this article on or before April 30 of
each year of existence of the short term vacation rental. Applications for renewal of a
certificate of short term vacation rental registration shall be filed, considered and issued
in the same manner as an original application.
(g) Fees. The fee for a certificate of short term vacation rental registration and the fees
for annual renewals thereof shall be set from time to time by resolution of the city
commission. Registration fees not paid within 30 days of the due date will be subject to a
late fee of $15.00 per month for each month up to a maximum of six months, at which
time all fees and late fees are due. Municipal civil infraction violation may be issued
each day after May 31 until the registration is submitted and fees are paid.
The City may use the fee only for expenses relating to issuance of the certificate short
term vacation rental registration and the purchasing of amenities located in the City’s
parks likely to be used by tenants of short term vacation rentals. Any fees not expended
within the fiscal year from collection shall be held in a separate City account which may
only be used for amenities or located in the City’s parks likely to be used by tenants of
short term vacation rentals.
(h) Display. Any certificate of short term vacation rental registration issued pursuant to
this Section shall be prominently displayed in the business establishment on the back of
the front door or the back of the door at the main entrance.
(i) General conditions for issuance and continuing in effect.
(1) Compliance with other governmental requirements; preemption. No certificate
of short term vacation rental registration shall be issued or continued in effect for
any person who has failed to pay the Excise Tax on Business of Providing
Accommodations pursuant to MCL Section 141.861. The fact that a person has
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received a license or permit from the United States, the state, the county, or other
governmental entity for the short term vacation rental shall not exempt such
person from the requirements of this chapter.
(2) Compliance with all other laws. A holder of a certificate of short term
vacation rental registration must be in continuing compliance with all local,
county, state and federal laws relating to rental properties as a condition of
issuance or continued effect of a certificate of registration under this chapter.
(3) Conditions and activities on the premises. The holder of a certificate of short
term vacation rental registration shall maintain a clean, neat and orderly
establishment, take reasonable steps to provide security on the premises, and
prevent unlawful conduct thereon. The holder of the certificate of short term
vacation rental registration shall be responsible for insuring that everyone staying
at the short term rental unit is aware of and complies with all relevant city
ordinance, especially relating to recreational fires, parking, fireworks, noise and
trash.
(4) Payment of amounts owed city. All personal property taxes and outstanding
debts to the city, including, without limitation, fees for inspections or property
services, water or sewer bills, municipal civil infraction fines applicable to the
business or its premises, current special assessment installments, but not including
real property or income taxes, due at the time of issuance or renewal of a
certificate related to the business activity or establishment must be paid in full.
(5) Standards in chapter. Each holder of a certificate of short term vacation rental
registration shall comply with the requirements found in additional applicable
Sections of this Chapter.
(j) Additional conditions for issuance.
(1) Compliance with applicable codes and regulations. Any person applying for or
holding a certificate of short term vacation rental registration under this Section
shall demonstrate to authorized city personnel that the business establishment
registered under this chapter complies with all construction and fire and safety
codes of the city, all applicable health and safety laws, zoning laws and
environmental laws and regulations of the city, the county, the state, or the United
States, and including all provisions of this chapter. Further, affiant shall comply
with special conditions promulgated pursuant to Section 10-353(j)(2).
(2) Special conditions. In connection with the registrations pursuant to this
Section, regulations which are particularly adapted and appropriate to the business
activity or establishment so registered shall be promulgated by the city, approved
by the city commission, and attached to or printed upon the registration issued.
Such attachments and adoptions shall not be required for codes, ordinances and
other regulations of general applicability which are in effect from time to time in
4|Page
the city and which affect the registered business. These regulations shall be
uniform for all short term vacation rentals.
Campers, recreational vehicles, tents or any other temporary housing shall be
prohibited at a short term vacation rental, except the structure inspected and
permitted by the City. Non-compliance with this sub-section may result in a civil
infraction for the renter, owner and/or revocation of the certificate of short term
vacation rental registration.
(k) Inspections. Every business establishment registered shall afford authorized
personnel from the city full access to the premises for the purpose of inspection to
determine compliance with the registration which has been issued, for determination in
connection with the application for the issuance of the registration, and to determine
continuing compliance with all ordinances, codes and statutes applicable to the premises,
the business establishment or the business activity. In the case of a proposed revocation
or suspension, the holder of the registration shall afford reasonable opportunity for
inspection by the city.
(l) Denial, revocation, suspension and procedure for revocation or suspension. Holders
of a certificate of short term vacation rental registration may be denied, suspended, or
revoked by the Director of Public Safety and the business registration by the city clerk,
both of whom shall follow the procedures provided for in City Code Section 50-43.
2. This Ordinance is to become effective ten (10) days after adoption.
This ordinance adopted: February 12, 2019
Ayes:
Nays:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: ___________________
Ann Marie Meisch, MMC
City Clerk
5|Page
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 12th day of February,
2019, at which meeting a quorum was present and remained throughout, and that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.
Date:_______________________, 2019
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
6|Page
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2019, the City Commission of
the City of Muskegon amended Chapter 10, Article VI, by adopting Section 10-353 of the
Muskegon City Code, summarized as follows:
INSERT SUMMARY
Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this
publication.
Published: _________________, 2019 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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