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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 27, 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 MANAGERS REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Cooperation Agreement – Disability Network West Michigan City
Manager
C. 1531 Beidler Street Sale City Manager
D. Opportunity Zone Incentive Program Economic Development
E. Approval of a Neighborhood Enterprise Zone Certificate – 301 Terrace
Point Planning & Economic Development
F. Zoning Ordinance Amendment – Critical Dunes Planning & Economic
Development
G. Amendment to PILOT – Gencap 1021 Jefferson Limited Dividend Housing
Association, LLC Planning & Economic Development
H. Certification of MERS Representatives Finance
I. Transformer Replacement – Harvey Station DPW – Filtration
J. Relocating Power pole to Harvey Station DPW – Filtration
K. MTU PLC Programming Services DPW – Filtration
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L. Fleet Vehicle Replacement – Chevy Traverse DPW – Equipment
M. Fleet Vehicle Replacement – Chevy Impala DPW – Equipment
N. Notice of Intent to Bond Resolution for Scattered Housing Development
Finance
□ PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District – 1208 8th Street
Planning & Economic Development
B. Request to Issue an Obsolete Property Certificate – Core Development
Corp, LLC Planning & Economic Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting City Clerk
B. Request to Create a New Neighborhood Enterprise Zone District at 292 W
Western Avenue Planning & Economic Development
C. Approval of a Neighborhood Enterprise Zone Certificate – 292 W. Western
Planning & Economic Development
D. Updates to MERS Defined Benefit Plan Adoption Agreements Finance
E. Revised City Commission Rules and Procedures Office of the Mayor
□ 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: August 27, 2019
Regular Session:
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 the cooperation agreement with Disability Network West Michigan.
This item was discussed at the last work session. The total cost is $7,500, and the
organization has agreed to engage with other advocates and residents in the
process.
c. We are seeking approval to sell 1531 Beidler Street. This is a property that we
acquired via tax reversion. We put some resources into determining the viability
of the home as a remodel/resale. We have determined that the home would be
difficult for our team to undertake and still sell at an affordable price for the
market. We planned to demolish the property. In the meantime, we were
approached by a local resident that was familiar with the house. After hearing
that we were going to demolish it, he reached out to us through the CNS
department to inquire about purchasing and rehabbing it himself. The new owner
would be a first time homeowner in Muskegon. Staff is excited to help the owner
preserve the site, as that particular block does need some investment.
d. We are seeking approval of the opportunity zone incentive program that was
presented at the work session earlier this month.
e. Approval of an NEZ certificate for 301 Terrace Street. The new owner is investing
in excess of $400,000 in the new home.
f. Approval of the final changes to the critical dune ordinance, as requested by DEQ.
g. Approval of an amendment to the PILOT for 1021 Jefferson. This property was set
aside for affordable workforce housing. Their request for housing tax credits was
not approved by MSHDA, and we believe these changes will strengthen their
application for later this fall.
h. Certification of MERS representative to attend this year’s MERS conference. Each
year, we send a city representative and an employee group representative.
i. Approval of the replacement of a transformer at Harvey Street lift station. The
low bidder is Muskegon-based Newkirk Electric.
j. Approval of the relocation of a power pole from the water filtration plant, at a cost
of $11,450.
k. Approval of the professional services agreement with Tetratech in the amount of
$16,000 for water filtration plant programming services.
l. Approval of the purchase of one Chevy Traverse for $30,396.
m. Approval of the purchase of one Chevy Impala for $22,843.
n. Approval of a bonding resolution for the scattered site brownfield program
(Midtown Square 2). Originally, we hoped to use the Land Bank’s funds. After
further examination, we feel we can save significant costs by using the city’s local
bank (PNC). The only catch is that we need to do a notice of intent with a 45 day
waiting period before borrowing the dollars. Approval of this notice should put us
in a position to have access to capital in the next 60 days, and also allow
Dusendang to break ground on the houses later this month.
2. Public Hearings
a. We are seeking to create an Obsolete Property District to facilitate the
redevelopment of 1208 8th Street.
b. We are seeking to issue an Obsolete Property Certificate to Core Development for
their project at 1208 8th Street.
3. New Business
a. We are seeking to identify voting delegates for the MML conference next month.
This was included on the consent agenda last meeting, but no Commissioners
were named as delegates. So, we need to reissue the resolution.
b. We are seeking to create a new enterprise zone certificate at 292 West Western
Ave. to facilitate the development of a six-story mixed-use building.
c. We are seeking to issue the NEZ certificate to Sweetwater Development in
connection with their planned development at 292 West Western Ave.
d. We are seeking to make a number of changes to the MERS plan documents. These
requests came after a routine MERS audit uncovered a number of missing
agreements. Making these changes will bring the city into compliance with
practices that have taken place since our move to MERS in 2006.
e. We are seeking approval of the updated commission rules and procedures. This
item was the result of Commission discussion/direction at the July Legislative
Policy Meeting.
Let me know if you have any questions/comments/concerns
Frank
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the August 12, 2019
Worksession and August 13, 2019 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, August 12, 2019
5:30 p.m.
City Commission Chambers
MINUTES
Present: Mayor Gawron, Vice-Mayor Hood (arrived 5:36), Commissioners
Turnquist, Johnson, and German
Absent: Commissioners Rinsema-Sybenga and Warren
Disability Network of West Michigan – Brad Hastings, Presentation
Brad Hastings, Disability Network of West Michigan, presented information to the City
Commission regarding a proposed cooperation agreement. DNWM will help the City
and its customers to meet the minimum requirements of the Construction Coded and
the ADA and continue to education and influence toward implementing new best
practices that incorporate Universal Design concepts. This will be accomplished by
providing training and technical assistance to City staff and its customers. This work is
aimed at increasing the inclusiveness and accessibility of our built environment and
realizing the ultimate vision of access for all, regardless of ability.
Lease of Yuba Street Property to the Community Foundation for Muskegon
County
Lease a portion of the old farmer’s market property to the Community Foundation for
Muskegon County for up to 5 years with an option to purchase. The lease includes
approximately 7 of the total 15.3 acre site and the majority of the buildable land. The
property will be used to develop a food processing incubator and business development
center targeted at stage one or two entrepreneurial companies or existing mature
companies looking for an offsite location for test manufacturing of new products.
This item will appear on the City Commission’s Regular meeting agenda for Tuesday,
August 13, 2019.
Public Meeting Training
Approve funding for training on managing civil, productive public meetings. Beth Buelow
and a co-facilitator will lead a four session training target department and division heads
as well as the mayor and commissioners with the objective of preparing us to present
information and manage interactions in a proactive, positive, and productive manner.
Additional workshops will be offered to neighborhood associations with the objective to
provide them tools to communicate and collaborate with city leaders. Training is
expected to be scheduled fall of 2019.
This item will appear on the City Commission’s Regular meeting agenda for Tuesday,
August 13, 2019.
Lakeside Business Improvement District
Discussion of a resolution to be adopted establishing a Business Improvement District
for the Lakeside Commercial District along Lakeshore Drive from 1595 Lakeshore
(Wasserman’s Flowers) to 2801 Lakeshore (Muskegon County Club). The boundaries
are outlined in the map as the district are those commercial properties with frontage on
Lakeshore Drive. It is also requested that the commission establish an initial Lakeside
BID board with the following recommended individuals as offered by the Lakeside
District Association:
Troy Wasserman – Wasserman’s Flowers, 1595 Lakeshore
Richard Ghezzi – Ghezzi’s Market, 2017 Lakeshore
Mark Flermoen – VF Ventures, 1845 Lakeshore
Michael Kordecki – Marine Tap Room, 1983 Lakeshore
Ann Funk – Auto Body Clinic, 2054 Lakeshore
Blake Evans – Water’s Edge Fitness, 2465 Lakeshore
City Manager (by statute) – City of Muskegon
This item will appear on the City Commission’s Regular meeting agenda for Tuesday,
August 13, 2019.
Opportunity Zone Incentive Program
The City of Muskegon is fortunate to have its entire downtown corridor within an
Opportunity Zone. The Economic Development Department is recommending additional
localized, Commission reviewed incentives in order to encourage large scale investment
in this competitive market.
This item will appear on the City Commission’s Regular meeting agenda for Tuesday,
August 13, 2019.
Recreational Marihuana
Discussion took place regarding license types, excise tax fund, fees, the district,
temporary events, proposed essentially 3 areas within the current MMFLA district for
recreational licensees.
Suburban Nation Review – Chapter 3
Discussion of Chapter 3 of the Suburban Nation focusing on housing.
Adjournment – The Worksession Meeting adjourned at 9:48 p.m.
Respectfully Submitted,
Ann Marie Meisch, City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 13, 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, August 13, 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
Byron Turnquist, Ken Johnson, and Willie German, Jr., City Manager Frank
Peterson, City Attorney John Schrier, and Deputy City Clerk Kimberly Young.
Absent: Commissioners Debra Warren and Dan Rinsema-Sybenga
HONORS AND AWARDS:
A. Presentation of 2019 Beautification Awards
Recipients of the Residential and Business 2019 Neighborhood Beautification
Awards were recognized for their effort in making the city a beautiful place.
Those present were presented with a Certificate of Recognition.
2019-62 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 23, 2019 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting City Clerk
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
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officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and,
if possible, to designate one other official to serve as an alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Adopt a Resolution Approving the Reclassification of a Tavern License to a
Class C License for Port City Cruise Lines, LLC City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving the reclassification of
a Tavern License to a Class C License for Port City Cruise Lines, LLC at 560 Mart
Street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQURIED: None.
STAFF RECOMMENDATION: Adopt the resolution approving the license
reclassification.
D. Adopt a Resolution Approving the Off-Premises Tasting Room License for
Wonderland Distilling Co. City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving an Off-Premises Tasting
Room License & Permit Application for Wonderland Distilling Co., 1989 Lakeshore
Drive.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution approving the license.
E. Memorandum of Understanding – Justice Assistance Grant Public
Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2019 Justice Assistance Grant. It is further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that time is of the essence as this grant requires a
governing body review period and the grant submission and the grant deadline
is August 23rd.
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50% of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down from the BJA which is as follows: County of Muskegon $0; City of
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Muskegon $20,463 and City of Muskegon Heights $14,732. Not that BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of this request.
F. 2019 Verizon/Central Dispatch License Agreement Public Safety
SUMMARY OF REQUEST: The Public Safety Department is requesting approval for
Comcast to construct, replace, maintain, repair, operate, inspect, augment and
remove communication system from the Central Fire Station Building.
Central Dispatch and Comcast require this agreement to begin the upgrade to
the Central Dispatch 9-1-1 phone communication system. The agreement
includes all facilities necessary or useful for distributing upgraded
communication services.
Peninsula Fiber Network has subcontracted Comcast to complete the fiber
optic utility work. The License Agreement has an initial term of ten (10) years,
beginning on the effective date and will automatically renew for two (2)
successive periods of five (5) years each.
FINANCIAL IMPACT: $0.00 Cost covered by Peninsula Fiber Network.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the license agreement.
G. LC Walker Arena – Ironmen Lease City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the lease to allow
the West Michigan Ironmen to play indoor football at the LC Walker Arena for
five seasons, beginning in 2020.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Clerk and Mayor to sign the
lease with Muskegon Football.
H. Water Main Easement Department of Public Works
SUMMARY OF REQUEST: Authorize the DPW Director and City Clerk to sign the
private water main easement with 2420 Remembrance Drive LC.
The easement allows for installation of a privately-owned water main across a
section of city owned property that fronts on Black Creek Road. The water main
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is being installed to provide fire protection via a hydrant on the site that is being
developed by KL Industries for warehouse and storage and serves no other
public purpose.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize the DPW Director and City Clerk to sign
the easement.
I. DPW Roofing Department of Public Works
SUMMARY OF REQUEST: Award the contract for roofing of Section #1 at the
DPW Building to the low bidder Ostrander Roofing in the amount of $141,494.00.
This will repair the front section of roofing at DPW primarily over the office areas
of the building, which has suffered from several leaks over the last year.
FINANCIAL IMPACT: $141,494.00
BUDGET ACTION REQUIRED: None. This project was included in the 19-20
Budget.
STAFF RECOMMENDATION: Award the contract to Ostrander Roofing.
J. Industrial Park Lift Station Pump Department of Public Works
SUMMARY OF REQUEST: Authorize staff to purchase a replacement pump for
the Industrial Park sewer lift station at a cost of $16,333 from Kennedy Industries
(sole supplier).
Due to wear and tear the pump motor died and needs to be replaced. The
pump is 20 years old and was nearing the end of its life expectancy.
FINANCIAL IMPACT: $16,333
BUDGET ACTION REQUIRED: None. This project was included in the 19-20
budget (Lift Station Repairs).
STAFF RECOMMENDATION: Approve the purchase of a replacement pump
from Kennedy Industries.
L. Opportunity Zone Incentive Program Economic Development
REMOVED PER STAFF REQUEST
O. Acceptance of Property from Muskegon County Planning & Economic
Development
SUMMARY OF REQUEST: Accept the quit claim deed from Muskegon County for
property at 1390 Henry Street commonly referred to as the Carpenter Brothers
site.
DPW and Planning staff have been working with the West Michigan Shoreline
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Regional Development Commission and the County to design a green
infrastructure project on the parcel. The project will treat a portion of the City’s
stormwater prior to the outlet at Rotary Park, and City staff will be responsible for
maintenance since it serves our stormwater system.
The parcel also includes the downtown Bark Park and the DDA has taken
responsibility for maintenance of that facility.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Accept the quit claim deed.
P. Lease of Yuba Street Property to the Community Foundation from
Muskegon County Planning & Economic Development
REMOVED PER STAFF REQUEST
Q. Sale of the Buildable Lot at 1245 5th Street Planning & Economic
Development
SUMMARY OF REQUEST: Staff is seeking approval to sell the vacant, buildable lot
at 1245 5th Street to Bethany Housing Ministries, Inc., dba Community EnCompass
for $1 with the understanding that they will sell us their vacant buildable lot at
174 Mason Avenue for $1. The deal would be contingent upon the City
receiving verification of a clean title commitment and any backup documents.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the sale and for the Mayor and Clerk
to sign the resolution and deed.
R. Community Relations Committee Establishment of Farmers Market
Advisory Board City Clerk
SUMMARY OF REQUEST: To establish the Farmers Market Advisory Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the recommendation of the
Community Relations Committee and establish the Farmers Market Advisory
Board.
S. Community Relations Committee Appointment Recommendations City
Clerk
SUMMARY OF REQUEST: To accept appointments as follows:
Accept the appointments of:
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Ron Hayward to the Neighborhood Association Representative position on
the Citizen Police Review Board.
Karen Evans to the Mayor/City Commission Appoint Position on the District
Library Board.
Kimberly Williams to the Citizen Representative from Ward 4 position on
the Equal Opportunity Committee.
Larry Boersma, Dianne Snow, Jon Visser, and John Zandstra to the
Seasonal Farmers positions on the Farmers Market Advisory Board.
Kristin Johnson and Kathi Upman to the Seasonal Crafters/Artisans
positions on the Farmers Market Advisory Board.
Woody Van Blargan to the Seasonal Food Vendor position on the Farmers
Market Advisory Board.
Melanie Lyonnais and Cindy Larsen to the Citizens At Large positions on
the Farmers Market Advisory Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the appointments.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, except item K, M, and N.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, and German
Nays: None
MOTION PASSES
2019-63 ITEMS REMOVED FROM CONSENT AGENDA:
K. Public Meeting Training Development Services
SUMMARY OF REQUEST: Approve funding for training on managing civil,
productive public meetings. Beth Buelow and a co-facilitator will lead a four-
session training targeting department and division heads as well as the mayor
and commissioners with the objective of preparing us to present information and
manage interactions in a proactive, positive, and productive manner.
Additional workshops will be offered to neighborhood associations with the
objective to provide them tools to communicate and collaborate with city
leaders. Training is expected to be scheduled fall of 2019.
FINANCIAL IMPACT: $10,000
BUDGET ACTION REQUIRED: Will be included in the next quarterly forecast.
STAFF RECOMMENDATION: Approve funding for public meeting training.
Page 6 of 9
Motion by Commissioner German, second by Commissioner Johnson, to
approve funding for public meeting training.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, and German
Nays: None
MOTION PASSES
M. Lakeside Business Improvement District (BID) Initial Resolution Planning &
Economic Development
SUMMARY OF REQUEST: We are requesting the resolution be adopted
establishing a Business Improvement District for the Lakeside commercial district
along Lakeshore Drive from 1595 Lakeshore (Wasserman’s Flowers) to 2801
Lakeshore (Muskegon Country Club). The boundaries are outlined in the
attached map as the district are those commercial properties with frontage on
Lakeshore Drive. It is also requested that the commission establish an initial
Lakeside BID Board with the following recommended individuals as offered by
the Lakeside District Association:
Troy Wasserman – Wasserman’s Flowers, 1595 Lakeshore
Richard Ghezzi – Ghezzi’s Market, 2017 Lakeshore
Mark Flermoen – VF Ventures, 1845 Lakeshore
Michael Kordecki – Marine Tap Room, 1983 Lakeshore
Ann Funk – Auto Body Clinic, 2054 Lakeshore
Blake Evans – Water’s Edge Fitness, 2465 Lakeshore
City Manager (by statute) – City of Muskegon
FINANCIAL IMPACT: The city can anticipate receiving approximately 15
percent of the proceeds that would be an administrative fee for staff support if
the BID is established and the BID board concurs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution as presented.
Motion by Commissioner Johnson, second by Commissioner German, to adopt
the resolution establishing a Business Improvement District for the Lakeside
Commercial District along Lakeshore Drive inclusive of the recommended
individuals offered by the Lakeside District Association.
Amendment
Motion by Commissioner Johnson, second by Commissioner German, to
amend the district by removing 2275, 2311, 2363, 2371, 2400, 2425, 2441,
and 2801 Lakeshore Drive from the District.
ROLL VOTE: Ayes: Hood, German, Turnquist, Johnson, and Gawron
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Nays: None
MOTION PASSES
ON ORIGINAL MOTION (AS AMENDED)
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, and Turnquist
Nays: None
MOTION PASSES
N. Sale of Lots 3 & 4 of Seaway Industrial Park Planning & Economic
Development
SUMMARY OF REQUEST: To approve the sales of lots 3 & 4 of Seaway Industrial
Park to Adam McCausland for $292,000. The lots total 3.4 acres and are zoned
I-1, Light Industrial and are also located in the Medical Marihuana Overlay
District.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue
for the City and will place the property back on the City’s tax rolls thus relieving
the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and purchase
agreement and to authorize both the Mayor and Clerk to sign the deed.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the resolution and purchase agreement and to authorize both the
Mayor and Clerk to sign the deed.
ROLL VOTE: Ayes: Gawron, Hood, German, Turnquist, Johnson
Nays: None
MOTION PASSES
2019-64 NEW BUSINESS:
A. Convention Center – Site and Utilities Bid Pack City Manager
SUMMARY OF REQUEST: City staff is requesting acceptance of the letter of
recommendation from Clark Construction awarding Concrete, Electrical Hotel
Power, and Earthwork to Cascade Cement Contracting, Newkirk Electric, and
Accurate Excavators, respectively at a total cost of $2,386,258. Approving these
three bids will allow Clark to move toward the anticipated August 22
commencement of work, while finalizing the remaining bid packages in
anticipation of awarding the remainder of the contract at the August 27 City
Commission Meeting.
FINANCIAL IMPACT: $2,386,285 to be funded with bond proceeds.
BUDGET ACTION REQUIRED: None at this time.
Page 8 of 9
STAFF RECOMMENDATION: To authorize the City Manager to accept the
recommendation and award the contracts as described.
Motion by Commissioner Johnson, second by Commissioner German, to
authorize the City Manager to accept the recommendation and award the
contracts as described.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, and German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
A. Appoint LeighAnn Mikesell as alternate to Wastewater Advisory Board
City Manager
City Manager, Frank Peterson, requested that the Commission appoint LeighAnn
Mikesell as voting alternate to the Wastewater Advisory Board. Currently Leo
Evans is the City’s Representative and Frank Peterson is the alternate. A meeting
is coming up to vote on the budget and neither will be able to attend.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to appoint
LeighAnn Mikesell as alternate to the Wastewater Advisory Board.
ROLL VOTE: Ayes: German, Turnquist, Johnson, Gawron, and Hood
Nays: None
MOTION PASSES
Commissioner Comments were received.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:04 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
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AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: August 22, 2019
RE: Cooperation Agreement – Disability Network West Michigan
SUMMARY OF REQUEST:
City staff is requesting approval of the attached service proposal from Disability Network West
Michigan. The proposal will allow Disability Network to assist the city with an accessibility audit, as
well as technical assistance during the design process on various city/community projects.
FINANCIAL IMPACT:
$7,500
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the City Manager to accept the proposal and sign the contract.
COMMITTEE RECOMMENDATION:
None.
COOPERATION BETWEEN
THE CITY OF MUSKEGON
AND
DISABILITY NETWORK WEST MICHIGAN
Disability Network West Michigan
27 E. Clay Ave.
Muskegon, MI 49442
231.722.0088
City of Muskegon Planning Department
Statement of Purpose
The City of Muskegon (City) and Disability Network West Michigan
(DNWM) are committed to upholding the intent and spirit along with the
letter of the Americans with Disabilities Act (ADA) and the Michigan Barrier
Free Design Rules as incorporated in the Michigan Construction Code and
to continue the discussion about and inclusion of Universal Design
concepts. Through this cooperative agreement, DNWM will help the City
and its customers (a) to meet the minimum requirements of the Michigan
Construction Code and the ADA and (b) to continue education and
influence toward implementing new best practices that incorporate
Universal Design concepts. This will be accomplished by providing training
and technical assistance to City staff and its customers. All of this work is
aimed at increasing the inclusiveness and accessibility of our built
environment and realizing the ultimate vision of access for all, regardless of
ability.
Scope of Work
Disability Network West Michigan agrees to perform the following services:
A. Audit the accessibility of downtown Muskegon and present the
findings to the City Commission. Findings would include curb cuts,
accessible parking, sidewalks, intersections and entrances to
maximize movement for people with disabilities.
B. Audit the accessibility of City owned properties, including buildings,
parks, and parking lots.
C. The provision of technical assistance during the Design Team
process to achieve compliance with the Michigan Construction Code
and the ADA along with the incorporation of Universal Design
concepts into sites and buildings, as invited by City staff.
D. The provision of technical assistance on individual projects for City
staff, architects, builders & developers, and business owners.
Projects will be selected with City staff focusing primarily on:
o those that are of significant size and scope and
o those that present particular design challenges and
opportunities
o can include panel feedback from individuals with technical
expertise and individuals with disabilities, moderated by
DNWM.
E. Follow up on the implementation of recommended solutions to
assess whether accessibility and Universal Design components are
being incorporated as planned.
F. Technical review and recommendations on City planning documents,
G. Trainings for City staff and other stakeholders on the accessibility
requirements of current codes and Universal Design concepts.
(Topics will be decided upon by City staff in consultation with
Disability Network West Michigan.)
Cost & Reporting
Not to exceed $7,500 (seven thousand five hundred dollars)
Disability Network West Michigan’s staff time will be invoiced at $30 per
hour no more than monthly. In addition, each invoice will include which
service has been provided, e.g. technical assistance or training, along
with a report on the work completed and its outcome (the level of detail
on this reporting will be agreed to by City staff).
Estimated total hours to be invoiced: 250
Schedule
To be completed by June 15, 2020.
Signature section
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: August 21, 2019
RE: 1531 Beidler Street Sale
SUMMARY OF REQUEST:
City staff is requesting approval of the attached Quit Claim Deed to sell 1531 Beidler to Alfredo Fajardo
Godoy for $1.00. This property was acquired via tax reversion. Subsequent staff analysis determined
that the time commitment to the property’s renovation exceeded the city’s abilities, and staff began
to prep the structure for demolition. Mr. Godov is a renter in the area and inquired about
rehabilitating the property into an owner-occupied home for his family. He has met with SAFEbuilt
on site and they have a tentative plan for renovation that includes immediately replacing the roof,
installing new internal structural supports, and completing exterior landscaping. The remainder of
the renovation will take 6-9 months. Staff recommends providing Mr. Godoy the opportunity to
purchase and save the structure.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the Mayor and Clerk to sign the Quit Claim Deed.
COMMITTEE RECOMMENDATION:
None.
570 Seminole Road, Suite 102
Muskegon, MI 49444
Ph: 231-737-9111
Fx: 231-737-7304
Order Confirmation
Date: August 14, 2019
City of Muskegon
Fx:
Email:
RE: 1531 Beidler, Muskegon, MI 49441
Buyer or Borrower:
Seller: City of Muskegon
Thank you for your order
Please accept this as confirmation that we have received your order request.
We have processed your order under the following file number: 283831LKR
Please contact us if you have any questions or are in need of additional service.
Sincerely,
Transnation Title Agency of Michigan Lakeshore Division
570 Seminole Road, Suite 102
Muskegon, MI 49444
Ph: 231-737-9111
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a Municipal
Corporation, of 933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: ALFREDO FAJARDO GODOY, a single man, of 1901 Commerce
Street, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State
of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 NORTH 82.25 FEET OF LOTS 10 & 11
EXCLUDING THE WEST 10 FEET OF NORTH 41.5 FEET LOT 11 BLOCK 413.
Otherwise known as 1531 Beidler St. Parel # 24-205-413-0010-00
for the sum of: One Dollar ($1.00)
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA
207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this ____ day of August 2019
Signed in the presence of: CITY OF MUSKEGON
______________________________ By_________________________________
Stephen Gawron, Its Mayor
______________________________ and________________________________
Ann Marie Meisch, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _____ day of August 2019,
by STEPHEN GAWRON and ANN MARIE MEISCH, MMC, the Mayor and Clerk,
respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
____________________________________
PREPARED BY: Hope Mitchell _______________________, Notary Public
City of Muskegon Acting in the County of Muskegon, MI
933 Terrace St Room 202 Muskegon County, MI
Muskegon, MI 49440 My Comm. Expires: ___________________
Telephone: (231) 724-6702
WHEN RECORDED RETURN TO: SEND SUBSEQUENT TAX BILLS TO:
GRANTEE GRANTEE
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Jake Eckholm, Director of Economic Development
DATE: August 27th, 2019
RE: Opportunity Zone Incentive Program
SUMMARY OF REQUEST:
The City of Muskegon is fortunate to have its entire downtown corridor within an Opportunity Zone.
The Economic Development Department is recommending additional localized, Commission reviewed
incentives in order to encourage large scale investment in this competitive market.
FINANCIAL IMPACT:
None at this time, all incentives would be paid out 15 years after the eligible Opportunity Zone Investment.
Funds would be allocated and reserved based on new income tax created and property tax collection
increases as a result of opportunity fund investments, such as new apartment/housing buildings or
businesses.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the incentive package as presented.
CITY OF MUSKEGON opportunity zone
Claiming the distinction of “West As Muskegon’s industrial past makes way
Michigan’s Shoreline City”, Muskegon is for a mixed-use future, large waterfront
the largest city on the eastern shore of sites have become available for OPPORTUNITIES IN The
Lake Michigan with a population just redevelopment. Moving from east to CITY OF MUSKEGON
under 40,000. In addition to having the west: the centrally located Harbor 31 site,
largest beach on Michigan’s west coast, the expansive acreage of the Western
Muskegon also contains miles of Waterfront district, and the vacant, WESTERN WATERFRONT
lakefront along the south shore of former Tank Farm property are all
Muskegon Lake. The city is located 180 well-positioned to benefit from the area’s
miles northeast of Chicago, 190 miles unmatched natural amenities as well as FOUNDRY SQUARE
west of Detroit, and 80 miles due east of its reviving downtown.
Milwaukee.
Today, Muskegon is
D o w n t o w n VACANT SCHOOL BUILDING
Muskegon is in the
a progressive city
midst of major
and has an HARBOR 31
reinvestment. The
appreciation for its
removal of a
significant history
renewal-era, urban
while continuing AMERIBANK BUILDING
shopping mall has
forward growth and
made available
movement in
much vacant land
creating a new
in the heart of the TANK FARM PROPERTY
identity for itself.
city. The Morris
The casual and Grants, loans, and tax abatements
Street property
friendly atmosphere are also available. The owner or
offers significant
allows the local developer should coordinate with
acreage in the the City of Muskegon to
resident, vacationer,
downtown core, determine which incentives are
or fisherman to truly
two blocks from most appropriate for their
kick back, relax and enjoy.
the available AmeriBank Building; both development project. Please
The city’s core neighborhoods contain a are sited just minutes from the lakeshore contact:
series of sites primed for redevelopment. and other recreational opportunities. LeighAnn Mikesell
A former school, once embedded in its With a clear vision for the future, Director of Municipal Services
neighborhood, offers the opportunity to Downtown Muskegon is on course to 933 Terrace Street
again serve as a community anchor. become the hub of the city, county, and Muskegon, MI 49443
Redevelopment of old school buildings is beyond. (231) 724-6702
leighann.mikesell@shorelinecity.com
not unfamiliar to the area, as a variety of
For more information please visit our
repurposed facilities have brought new
website: www.shorelinecity.com
life to their respective communities.
muskegon opportunity zone INCENTIVES
Mixed-Use Development Investment Match: The first $75 Million in qualified
opportunity fund investment deployed on a new mixed-use development within
SETTING MUSKEGON APART a City of Muskegon Opportunity Zone shall be eligible to receive a match equal
1.An environment of investor to 2% of the initial eligible investment.
confidence. Proposed projects will
Opportunity Fund Investment Incentive Amount
not be delayed or derailed by
zoning, regulation, or politics: $1,000,000 $20,000
$5,000,000 $100,000
A one-stop shop for all
opportunity zone issues – $15,000,000 $300,000
Note: Matching dollars are paid upon successful completion of the investment and satisfaction
connection person/team for of the initial 10-year holding period
opportunity zone questions, ideas,
incentives, etc.
Form Based Code – limited
Missing Middle Housing Development Investment Match: The first $25 Million
applicability of planning in qualified opportunity fund investment deployed in new “missing-middle”
commission and city commission housing within a City of Muskegon Opportunity Zone shall be eligible to receive
Redevelopment Ready Community a match equal to 3.5% of the initial eligible investment.
Certified Opportunity Fund Investment Incentive Amount
One-stop meetings and
$1,000,000 $35,000
pre-development meetings
$5,000,000 $175,000
2.Updated zoning/codes to expedite $10,000,000 $350,000
projects: Note: Matching dollars are paid upon successful completion of the investment and satisfaction
of the initial 10-year holding period
Form Based Code
Imagine Muskegon Lake Plan Neighborhood Housing Development Investment Match: The first $10 Million in
qualified opportunity fund investment deployed in new single-family housing
3.Clear local investment strategy: (attached and detached) within a City of Muskegon Opportunity Zone shall be
Updated City Waterfront Plan eligible to receive a match equal to 3% of the initial eligible investment.
Updated Zoning Codes
Opportunity Fund Investment Incentive Amount
2014 Muskegon Farmers Market
2020 Muskegon Convention Center $1,000,000 $30,000
$5,000,000 $150,000
$10,000,000 $300,000
CITY-FOCUSED SPENDING IN Note: Matching dollars are paid upon successful completion of the investment and satisfaction
of the initial 10-year holding period
OPPORTUNITY ZONES
1.Brownfield Incentives Port-Related Industrial Redevelopment Incentives: The first $25 Million in
qualified opportunity fund investment deployed in new port facilities (buildings)
2.Utility Investment located on current city-owned property within a City of Muskegon Opportunity
Zone shall be eligible to receive a match equal to 5% of the initial eligible
3.Downtown Development Authority investment.
Opportunity Fund Investment Incentive Amount
$1,000,000 $50,000
$5,000,000 $250,000
$25,000,000 $1,250,000
Note: Matching dollars are paid upon successful completion of the investment and satisfaction
of the initial 15-year holding period
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate –
301 Terrace Point
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from John Spruit for the new construction of a home at 301 Terrace Point. The
estimated cost for construction is $414,636. The applicant has met local and state
requirements for the issuance of the NEZ certificate.
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 certificate.
COMMITTEE RECOMMENDATION:
None
8/21/2019
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 has been filed with
the City Clerk by John Spruit to construct a home at 301 Terrace Point in the Terrace Point
Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Robert Heminger be approved.
Adopted this 27th day of August, 2019.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
8/21/19
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 August 27, 2019.
By: ________________________
Ann Meisch
City Clerk
8/21/19
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Zoning Ordinance Amendment – Critical Dunes
SUMMARY OF REQUEST:
Staff initiated request to amend section 2310 of the zoning ordinance to make minor
changes to the critical dune ordinance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
August 15 meeting.
SUMMARY
1. The Michigan Department of Environment, Great Lakes & Energy (EGLE) asked that we make a
couple of minor amendments to our Critical Dune ordinance to better reflect their model zoning
ordinance. The changes are more clerical and will not change how we enforce our procedures.
2. Please see the comments from the EGLE email below.
3. Please see the revised Critical Dune ordinance enclosure.
EMAIL FROM EGLE
On March 26, 2019 the City of Muskegon was sent a list of questions and required changes needing to be addressed before
approval by the Department of Environment, Great Lakes, and Energy (EGLE) Water Resources Division (WRD). An
ordinance was submitted to WRD for approval on June 7, 2019 by the City. This letter details items that require changes in
the current version of the ordinance before EGLE approval.
1. The ordinance version dated February 13, 2019 included subsection 13, Site Plan Review, meeting the requirements
of MCL 324.35321(a) and (b). The ordinance version dated June 7, 2019 does not include a subsection for Site Plan
Review. Explain why the Site Plan Review subsection was removed. Identify the ordinance subsection(s) meeting
MCL 324.35321(a) and (b).
2. On March 26, 2019 the City was asked to address the following in the ordinance:
“4. Include the language of Subsection 35304(1)(g) in Site Plan Review. Specifically, the permit shall be
approved unless the use will significantly damage the public interest on the privately owned land, or, if the land is
publicly owned, the public interest in the publicly owned land, by significant and unreasonable depletion or
degradation of any of the following: the diversity, quality or functions of the critical dune areas within the local unit of
government.”
Explain why this review criteria language was added to Subsection 5 Application Requirements of the ordinance.
3. The year of Public Act 451 is mistyped in the ordinance. The correct year is 1994. Correct the year to 1994
throughout the ordinance.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2310 of the zoning ordinance to update the Critical Dune ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
SECTION 2310: CRITICAL DUNES
1. Purpose. In keeping with the findings of the Michigan legislature and the authority granted to local
government in Public Act 451 of 1994, as amended, the City of Muskegon hereby declares that:
a. The critical dune areas within the City of Muskegon are a unique, irreplaceable, and fragile
resource that provide significant recreational, economic, scientific, geological, scenic, botanical,
educational, agricultural, and ecological benefits to the people of this community, to the state, and
to the people from other states and countries who visit this resource.
b. The purpose of this ordinance is to balance for present and future generations the benefits of
protecting, preserving, restoring, and enhancing the diversity, quality, functions, and values of the
state's critical dunes with the benefits of economic development and multiple human uses of the
critical dunes and the benefits of public access to and enjoyment of the critical dunes. To
accomplish this purpose, this ordinance is intended to do all of the following:
• Ensure and enhance the diversity, quality, functions, and values of the critical dunes in a
manner that is compatible with private property rights.
• Ensure sound management of all critical dunes by allowing for compatible economic
development and multiple human uses of the critical dunes.
• Coordinate and streamline governmental decision-making affecting critical dunes through
the use of the most comprehensive, accurate, and reliable information and scientific data
available.
• Determine that the proposed use will ensure and enhance the diversity, quality, function
and values of the critical dune in a manner that is compatible with private property rights;
allows for compatible economic development and multiple human uses of the critical dune,
using the most competent, accurate and reliable information and scientific data available.
c. The benefits derived from alteration, industrial, residential, commercial, agricultural, sylvicultural,
and the recreational use of critical dune areas shall occur only when the protection of the
environment and the ecology of the critical dune areas for the benefit of the present and future
generations is assured.
d. The following regulations embodied in this Dune Overlay Zone are adopted as the minimum
measures necessary to achieve these ends.
2. Definitions – As used in this section,
a. "Accessibility measures" means a circulation path and at least 1 entrance on a circulation path
complying with American national standards institute chapter 4 standards for accessible
routes, from a road or easement serving the property, and, at the option of the applicant, from
a sidewalk, a driveway, or a garage. As used in this section, accessibility measures do not
include driveways.
b. "Contour change" includes any grading, filling, digging, or excavating that significantly alters the
physical characteristic of a critical dune area, except that which is involved in sand dune mining.
c. "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a
slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20
feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
d. "Critical dune area" means a geographic area designated in the "Atlas of Critical Dune Areas"
dated February 1989 that was prepared by the Michigan Department of Natural Resources and any
other locally designated sand dune areas included on the City of Muskegon Zoning Map.
e. "Driveway" means a privately owned, constructed, and maintained vehicular access from a road or
easement serving the property to the principal building or accessory buildings, that is paved,
graveled, or otherwise improved for vehicular access, 16 feet wide or narrower in the sole
discretion of the applicant or owner, and may include, in the sole discretion of the applicant or
owner, a shared driveway.
f. "Foredune" means one or more low linear dune ridges that are parallel and adjacent to the shoreline
of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is
often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have
an exposed sand face.
g. "Permit" means a permit for a use within a critical dune area.
h. "Restabilization" means restoration of the natural contours of a critical dune to the extent
practicable, the restoration of the protective vegetative cover of a critical dune through the
establishment of indigenous vegetation, and the placement of snow fencing or other temporary
sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
i. “Sand dune mining” means the removal of sand from sand dune areas for commercial or industrial
purposes.
j. "Special use project" means any of the following:
• A proposed use in a critical dune area for an industrial or commercial purpose regardless of
the size of the site.
• A multifamily use of more than 3 acres.
• A multifamily use of 3 acres or less if the density of use is greater than 4 individual
residences per acre.
• A proposed use in a critical dune area, regardless of size of the use, that the planning
commission determines would damage or destroy features of archaeological or historical
significance.
k. "Use" means a developmental, sylvicultural, or recreational activity done or caused to be done by a
person that significantly alters the physical characteristic of a critical dune area or a contour change
done or caused to be done by a person. Use does not include sand dune mining.
3. Area Affected.
a. The provisions of the Dune Overlay Zone apply to all lands so depicted on the City of Muskegon
Zoning Map which is a part of this ordinance. These lands include the entire critical dune area as
designated by the Michigan Department of Natural Resources pursuant to Public Act 451 of 1994,
and to such other lands as locally designated and depicted thereon. Locally designated sand dunes
together with dunes designated under Public Act 451 shall be known as critical dune areas for the
purpose of this ordinance. Lands that are within 250 feet of a critical dune area, that are determined
by the Planning Commission to be essential to the hydrology, ecology, topography, or integrity of a
critical dune area shall also receive all the protection afforded to critical dunes in the Overlay Zone,
even if not so depicted on the City of Muskegon Zoning Map.
b. Any lot or parcel which in whole or part which falls within the Dune Overlay Zone and/or within
250 feet outside the Dune Overlay Zone that is determined by the Planning Commission to be
essential to the hydrology, ecology, topography, or integrity of a critical dune area shall not be used
except upon receipt of a permit from the Zoning Administrator. No zoning permit shall be issued
for the use of land within this zone or within 250 feet outside the zone that is determined by the
Planning Commission to be essential to the hydrology, ecology, topography, or integrity of a
critical dune area until a site plan meeting the requirements of this Section and those of Article
XXIII, Section 2330, have been met. If requested, the Planning Commission will make the final
determination as to whether or not these standards have been met and shall exercise its lawful
discretion in all cases in favor of protection of the critical dune area.
c. Except as provided in subsection 11 (e), a permit shall provide that a use that is a structure
shall be constructed behind the crest of the first landward ridge of a critical dune area that is
not a foredune. However, if construction occurs within 100 feet measured landward from the
crest of the first landward ridge that is not a foredune, the use shall meet all of the following
requirements:
i. The structure and access to the structure shall be in accordance with a site plan
prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan shall provide for the disposal of storm
waters without serious soil erosion and without sedimentation of any stream or
other body of water.
ii. Access to the structure shall be from the landward side of the dune.
iii. The dune shall be restabilized with indigenous vegetation.
iv. The crest of the dune shall not be reduced in elevation.
4. Nonconforming Building and Lots After the effective date of the adoption of this Section:
a. No subdivision or condominium development shall occur within the Dune Overlay Zone except in
compliance with the minimum standards of this ordinance and after review and approval of a site
plan and other documents as required herein.
b. No structure shall be constructed, reconstructed, altered, or relocated except in strict compliance
with the requirements of this ordinance.
c. No use which is in existence as of the effective date of this Article shall be expanded, except in
strict compliance with the minimum standards of this Ordinance.
d. No existing nonconforming building or structure shall be altered except provided in Article XXII,
Section 2203.
5. Application Requirements. A site plan review must be conducted before the issuance of a permit.
a. Uses that have received all necessary permits from the state or the City by July 5, 1989, are
exempt for purposes for which a permit. Is required. Such uses shall be regulated pursuant to
local ordinances in effect by that date.
b. All applications for permits for the use of a critical dune area shall include in writing showing
evidence:
i. That Muskegon County, which administers Part 91 Soil Erosion and Sedimentation
Control, of Public Act 451 of 1994, as amended, finds that the project is in compliance with
the act and any applicable soil erosion and sedimentation control ordinance that is in effect
in Muskegon County.
ii. That a proposed sewage treatment or disposal system on the site has been approved by the
county health department, if applicable.
iii. Assuring that the cutting and removing of trees and other vegetation will be performed
according to the forestry management guidelines for Michigan prepared by the Society of
American Foresters in 1987, as revised in 2010, and will include instructions or plans to
provide mitigation for the removal of trees or vegetation by providing assurances that the
applicant will plant on the site more trees and other vegetation on the site than were
removed by the proposed use.
iv. Except as otherwise provided in this subsection, a site plan that contains data required by
this Section and Article XXIII, Section 2330, concerning the physical development of the
site and extent of disruption of the site by the proposed development.
v. The payment of any required fees for processing and/or professional review of the
submitted site plan.
c. The Zoning Administrator shall not require an environmental site assessment or environmental
impact statement as part of a permit application for a use in a critical dune overlay zone except for a
“Special Use” project.
d. The Zoning Administrator will require that the applicant supply a contour map of the site with one
foot contour intervals at or near any proposed structure or roadway for any new construction.
e. The City shall provide notice of an application filed under this section to each person who
makes a written request to the City for notification of pending applications. The City may
charge an annual fee for providing this notice. The City shall prepare a monthly list of the
applications made during the previous month and shall promptly provide copies of the list for
the remainder of the calendar year to the persons who have requested notice. Notice of an
application shall also be given to the local conservation district office, the county clerk, the
county health department. The monthly list shall state the name and address of each applicant,
the location of the applicant's project, and a summary statement of the purpose of the use. The
City may hold a public hearing on pending applications.
f. The notice shall state that unless a written request is filed with the City within 20 days after
the notice is sent, the City may grant the application without a public hearing. Upon the
written request of two or more persons who own real property within two miles of the project,
the City shall hold a public hearing pertaining to a permit application.
g. At least 10 days notice of a hearing to be held pursuant to this section shall be given by
publication in one or more newspapers of general circulation in the county, and by providing
notice to the persons who have requested notice and to the person requesting the hearing.
h. After the filing of an application, the City shall grant or deny the permit within 60 days, or
within 90 days if a public hearing is held. If a permit is denied, the City shall provide to the
applicant a concise written statement of its reasons for denial of the permit, and if it appears
that a minor modification of the application would result in the granting of the permit, the
nature of the modification shall be stated. In an emergency, the City may issue a conditional
permit before the expiration of the 20-day period.
6. Environmental Assessment. When an environmental assessment is required under a “Special Use” project,
it shall include the following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the application’s proprietary interest in the site.
c. The name, address, and professional qualification of the person preparing the environmental
assessment and his/her opinion as to whether the proposed development of the site is consistent
with protecting features of environmental sensitivity and archaeological or historical significance
that may be located on the site.
d. The description and purpose of the proposed use.
e. The location of existing utilities and drainage ways.
f. The general location and approximate dimensions of proposed structures.
g. Major proposed change of land forms such as new lakes, terracing or excavating.
h. Sketches showing the scale, character, and relationship of structures, streets or driveways, and open
space.
i. Approximate location and type of proposed drainage, water, and sewage facilities.
j. Legal description of property.
k. A physical description of the site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
l. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
m. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
7. Environmental Impact Statement. When an environmental assessment is required, it shall include the
following information concerning the site of the proposed use:
a. The name and address of the applicant.
b. A description of the applicant's proprietary interest in the site of the proposed use.
c. The name, address, and professional qualifications of the proposed professional design team
members, including the designation of the person responsible for the preparation of the
environmental impact statement.
d. The description and purpose of the proposed use.
e. Six copies and one reproducible transparency of a schematic use plan of the proposed use showing
the general location of the proposed use and major existing physical and natural features on the site,
including, but not limited to, watercourses, rock outcropping, wetlands, and wooded areas.
f. The location of the existing utilities and drainage ways.
g. The location and notation of public streets, parks, and railroad and utility rights-of-way within or
adjacent to the proposed use.
h. The general location and dimensions of proposed streets, driveways, sidewalks, pedestrian ways,
trails, off-street parking, and loading areas.
i. The general location and approximate dimensions of proposed structures.
j. Major proposed change of land forms such as new lakes, terracing, or excavating.
k. Approximate existing and proposed contours and drainage patterns, showing at least five-foot
contour intervals.
l. Sketches showing the scale, character, and relationship of structures, streets, or driveways, and
open space.
m. Approximate location and type of proposed drainage, water and sewage treatment and disposal
facilities.
n. A legal description of the property.
o. An aerial photo and contour map showing the development site in relation to the surrounding area.
p. A description of the physical site, including its dominant characteristics, its vegetative character, its
present use, and other relevant information.
q. A soil review giving a short descriptive summary of the soil types found on the site and whether the
soil permits the use of septic tanks or requires central sewer. The review may be based on the
"United Soil Classification System" as adopted by the United States Government Corps of
Engineers and Bureau of Reclamation, dated January 1952, or the natural cooperative soil survey
classification system, and the standards for the development prospects that have been offered for
each portion of the site.
r. A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil
bearing conditions, and any other hazards peculiar to the site.
s. A substrata review including a descriptive summary of the various geologic bedrock formations
underlying the site, including the identification of known aquifers, the approximate depths of the
aquifers and, if being tapped for use, the principal uses to be made of these waters, including
irrigation, domestic water supply, and industrial usage.
t. An erosion review showing how erosion control will be achieved, and illustrating plans or
programs that may be required by any existing soil erosion and sedimentation ordinance.
u. At a minimum, plans for compliance with all of the following standards shall be required for
construction and post-construction periods:
• Surface drainage designs and structures are erosion proof through control of the direction,
volume, and velocities of drainage patterns. These patterns shall promote natural vegetation
growth that are included in the design in order that drainage waters may be impeded in their
flow and percolation encouraged.
• The design shall include trash collection devices when handling street and parking drainage
to contain solid waste and trash.
• Watercourse designs, control volumes, and velocities of water to prevent bottom and bank
erosion. In particular, changes of direction shall guard against undercutting of banks.
• If vegetation has been removed or has not been able to occur on surface areas such as infill
zones, it shall be the duty of the developer to stabilize and control the impacted surface
areas to prevent wind erosion and the blowing of surface material through the planting of
grasses, and windbreaks and other similar barriers.
8. Driveways. The construction, improvement, and maintenance of a driveway shall be permitted for any
dwelling or other permanent building allowed in a critical dune area, including a dwelling or other
permanent building approved under this ordinance or a lawful nonconforming use, subject only to
applicable permit requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of
1994, as amended, and the following:
a. A driveway shall be permitted either to the principal building or, in the sole discretion of the
applicant, to an accessory building, under the provisions of this ordinance. Additional driveways, if
any, shall meet the applicable requirements for any other use under this ordinance. The
development of a plan for a driveway should include consideration of the use of retaining walls,
bridges, or similar measures, if feasible, to minimize the impact of the driveway, parking, and
turnaround areas, and the consideration of alternative locations on the same lot of record
b. Driveways on slopes steeper than a 1-foot vertical rise in a 4-foot horizontal plane, but not steeper
than a 1-foot rise in a 3-foot horizontal plane, shall be in accordance with a site plan submitted with
the permit application and prepared for the site by a registered professional architect or licensed
professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges,
traverses, and such other elements as are required in the judgment of the architect or
engineer to meet these requirements.
c. Driveways on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane shall be in
accordance with a site plan submitted with the permit application and prepared for the site by a
licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restabilization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgment of the engineer to meet these
requirements. The engineer shall certify under seal that the driveway is not likely to
increase erosion or decrease stability.
d. Temporary construction access for all construction, including new construction, renovation, repairs,
rebuilding, or replacement, and repair, improvement, or replacement of septic tanks and systems,
shall be allowed for any use allowed in a critical dune area for which a driveway is not already
installed by the owner, subject only to the requirements that the temporary access shall not involve
a contour change or vegetation removal that increases erosion or decreases stability except as can
be restabilized upon completion of the construction. The temporary access shall be maintained in
stable condition, and restabilization shall be commenced promptly upon completion of the
construction.
9. Utilities. A use needed to maintain, repair, or replace existing utility lines, pipelines, or other utility
facilities within a critical dune area that were in existence on July 5, 1989, or were constructed in
accordance with a permit under this section or under Part 353 of the Natural Resources and Environmental
Protection Act, being Act 451 of the Public Acts of 1994, as amended, is exempt for purposes for which
the permit was issued from the operation of this section if the maintenance, repair, or replacement is
completed in compliance with all of the following:
a. Vehicles shall not be driven on slopes greater than 1-foot vertical rise in a 3-foot horizontal plane.
b. All disturbed areas shall be immediately stabilized and revegetated with native vegetation
following completion of work to prevent erosion.
c. Any removal of woody vegetation shall be done in a manner to assure that any adverse effect on
the dune will be minimized and will not significantly after the physical characteristics or stability of
the dune.
d. To accomplish replacement of a utility pole, the new pole shall be placed adjacent to the existing
pole, and the existing pole shall be removed by cutting at ground level.
e. In the case of repair of underground utility wires, the repair shall be limited to the minimal
excavation necessary to replace the wires by plowing, small trench excavation, or directional
boring. Replacement of wires on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane
shall be limited to installation by plowing or directional boring only.
f. In the cases of repair or replacement of underground pipelines, directional boring shall be utilized,
and if excavation is necessary to access and bore the pipeline the excavation area shall be located
on slopes 1-foot vertical rise in a 4-foot horizontal plane or less.
10. Accessibility. Notwithstanding any other provision of this section, at the request of the applicant, the
construction, improvement and maintenance of accessibility measures shall be permitted for any dwelling
or other permanent building allowed in a critical dune area, including a dwelling or other permanent
building approved under this section or a lawful nonconforming use, subject only to applicable permit
requirements under Sections 35312 through 35325 of Part 353 of Public Act 451 of 1994, as amended, and
the following:
a. Accessibility measures on slopes steeper than 1-foot vertical rise in a 4-foot horizontal plane,
but not steeper than a 1-foot vertical rise in a 3-foot horizontal plane, shall be in accordance
with a site plan submitted with the permit application and prepared for the site by a registered
professional architect or licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements.
b. Accessibility measures on slopes steeper than a 1-foot vertical rise in a 3-foot horizontal plane
shall be in accordance with a site plan submitted with the permit application and prepared for
the site by a licensed professional engineer. The site plan shall include:
• Storm water drainage that provides for disposal of storm water without serious erosion,
• Methods for controlling erosion from wind and water, and
• Restablization, by design elements including vegetation, cut-and-fill, bridges, traverses,
and such other elements as are required in the judgement of the architect or engineer to
meet these requirements. The engineer shall certify under seal that the accessibility
measures are not likely to increase erosion or decrease stability.
The choice of components for an accessible route under American national standards institute standard
402.2 shall be at the option of the applicant.
11. Prohibited Uses. The following uses are not permitted in a critical dune area:
a. The disposal of sewage on-site unless the standards of applicable sanitary codes are met or
exceeded.
b. A use that does not comply with the minimum setback requirements required by rules that are
promulgated under part 323 of Public Act 451 of 1994.
c. A surface drilling operation that is utilized for the purpose of exploring for or producing
hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation,
except those that are lawfully in existence at a site on July 5, 1989 may be continued. The
continuance, completion, restoration, reconstruction, extension, or substitution of those existing
uses shall be permitted upon reasonable terms prescribed by the Planning Commission.
d. Production facilities regulated under parts 615 and 625 of Act 451 of 1994, except those that
are lawfully in existence at a site on July 5, 1989 may be continued. The continuance,
completion, restoration, reconstruction, extension, or substitution of those existing uses shall be
permitted upon reasonable terms prescribed by the Planning Commission.
e. A permit shall not be granted that authorizes construction of a dwelling or other
permanent building on the first lakeward facing slope of a critical dune area or foredune
except on a lot of record that was recorded prior to July 5, 1989 that does not have
sufficient buildable area landward of the crest to construct the dwelling or other permanent
building as proposed by the applicant. The proposed construction, to the greatest extent
possible, shall be placed landward of the crest. The portion of the development that is
lakeward of the crest shall be placed in the location that has the least impact on the critical
dune area
12. Non-Permitted Uses, Unless a Variance is Granted. Unless a variance is granted, the following uses are
not permitted in a critical dune area:
a. A structure and access to the structure on a slope within a critical dune area that has a slope that
measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise
in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance
with a site plan prepared for the site by a registered professional architect or a licensed
professional engineer and the site plan provides for the disposal of storm waters without serious
soil erosion and without sedimentation of any stream or other body of water.
b. A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in
a 3-foot horizontal plane.
c. A use involving a contour change if the Zoning Administrator determines that it is more likely
than not to increase erosion or decrease stability.
d. Sylvicultural practices, as described in the "Forest Management Guidelines for Michigan",
prepared by the Society of American Foresters as revised in 2010, if the City of Muskegon
determines that they are more likely than not to increase erosion or decrease stability.
e. A use that involves a vegetation removal if the Zoning Administrator determines that it is more
likely than not to increase erosion or decrease stability.
13. Site Plan Review. When reviewing a site plan submitted, along with all the application information
required, the Zoning Administrator shall:
a. Ensure that the requirements of the zoning ordinance have been met and the plan is consistent
with existing laws.
b. Determine whether the advice or assistance of Muskegon County will be helpful in reviewing a
site plan, and if so, to so seek it.
c. Recommend alterations of a proposed development to minimize adverse effects anticipated if
the development is approved and to ensure compliance with all applicable state and local
requirements.
d. A permit shall be approved unless the local unit of government or the department
determines that the use will significantly damage the public interest on the privately
owned land, or, if the land is publicly owned, the public interest in the publicly owned
land, by significant and unreasonable depletion or degradation of any of the following:
i. The diversity of the critical dune areas within the local unit of government.
ii. The quality of the critical dune areas within the local unit of government.
iii. The functions of the critical dune areas within the local unit of government.
14. Prohibition of Construction Without Permit. No grading or clearing of a site shall be done prior to issuance
of a zoning permit as required in this Ordinance.
15. Special Use Project Review Procedures. A proposed special use project shall be reviewed and a
recommendation for approval, approval with conditions, or denial is made by the Planning Commission
pursuant to the special use procedures of this ordinance shall be completed.
16. Department of Environmental Quality Review. Prior to issuing a permit allowing a special use project
within a critical dune area, the Planning Commission shall submit the special use project application and
site plan and their proposed decision to the Department of Environmental Quality, Water Resources
Division following the procedures of this ordinance.
17. Nonconforming Uses. The lawful use of land or a structure, as existing and lawful within a critical dune
area in the time of the adoption of this overlay zone, may be continued although the use of that land or
structure does not conform to the provisions of this overlay zone. The continuance, completion, restoration,
reconstruction, extension or substitution of existing nonconforming uses of land or a structure may
continue consistent with the nonconforming use requirements of this Ordinance. See Article XXII,
Section2202.
18. Rebuilding of Lawful Structures. A structure or use located in a critical dune area that is destroyed by fire,
other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, may
be rebuilt or replaced if the structure or use was lawful at the time it was constructed or commenced; and a
replacement structure and its use may differ from that which was destroyed if it does not exceed in size or
scope that which was destroyed.
19. Variance. The Zoning Board of Appeals may grant a variance from the requirements of this overlay zone
if a practical difficulty will occur to the owner of the property if the variance is not granted. The procedural
requirements of Article XXIII (Site Plan Review) and Article XXV (Zoning Board of Appeals) shall be
adhered to. A variance shall be subject to the following limitations:
a. The Zoning Board of Appeals may issue variances under Article XXV of the zoning ordinance
if a practical difficulty will occur to the owner of the property if the variance is not granted. In
determining whether a practical difficulty will occur if a variance is not granted, primary
consideration shall be given to assuring that human health and safety are protected by the
determination and that the determination complies with applicable local zoning, other state
laws, and federal law. If a practical difficulty will occur to the owner of the property if the
variance is not granted, a variance shall be granted under this Section unless the Zoning Board
of Appeals determines that the use will significantly damage the public interest on the privately
owned land, or, if the land is publicly owned, the public interest in the publicly owned land, by
significant and unreasonable depletion or degradation of any of the following:
• The diversity of the critical dune areas within the local unit of government.
• The quality of the critical dune areas within the local unit of government.
• The functions of the critical dune areas within the local unit of government.
b. The decision of the Zoning Board of Appeals shall be in writing and shall be based upon
evidence that would meet the standards in Section 75 of the Administrative Procedures Act of
1969, 1969 PA 306, MCL 24.275. A decision denying a variance shall document, and any
review upholding the decision shall determine, all of the following:
• That the City of Muskegon has met the burden of proof under the Variance section
of this ordinance.
• That the decision is based upon sufficient facts or data.
• That the decision is the product of reliable scientific principles and methods.
• That the decision has applied the principles and methods reliably to the facts.
• That the facts or data upon which the decision is based are recorded in the file.
c. The City of Muskegon shall not require an environmental site assessment or environmental
impact statement for a variance except for a special use project.
d. A variance shall not be granted from a setback requirement provided for under Section 35034
pursuant to Part 353 of the Public Act 451 of 1994 unless the property for which the variance is
requested is one of the following:
• A nonconforming lot of record that is recorded prior to July 5, 1989, and that becomes
nonconforming due to the operation of Part 353.
• A lot legally created after July 5, 1989 that later becomes nonconforming due to natural
shoreline erosion.
• Property on which the base of the first landward critical dune of at least 20 feet in
height that is not a foredune is located at least 500 feet inland from the first foredune
crest or line of vegetation on the property. However, the setback shall be a minimum of
200 feet measured from the foredune crest or line of vegetation.
20. Request for Revaluation to Determine Fair Market Value. If a permit for a proposed use within a critical
dune area is denied, the landowner may request a revaluation of the affected property for assessment
purposes to determine its fair market value under the restriction.
21. Penalties. In addition to the penalty provisions of this Ordinance, the provisions of Public Act 451 of 1994
shall apply in the event of any violation. Pursuant to the Public Act, a court may impose on a person who
violates any provision of this Dune Overlay Zone, or a provision of a permit issued hereunder, a civil fine
of not more than $5,000 for each day of violation, or order a violator to pay the full cost of the full cost of
restabilization of a critical dune area or other natural resource that is damaged or destroyed as a result of a
violation, or both. If a person is ordered by the Zoning Administrator to restore a critical dune that has
been degraded by that person, the Zoning Administrator shall establish a procedure by which the
restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory
manner.
22. Surety Bond. The City may require the holder of a permit to file with the City a bond executed by an
approved surety in this state in an amount necessary to assure faithful conformance with the permit.
23. Applicable Law. Incorporated by reference herein is Part 353, Michigan Natural Resources and
Environmental Protection Act, PA 451 of 1994, as amended.
24. Severability. If any section, clause, or provision of this Ordinance be declared unconstitutional or otherwise
invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the
Ordinance. The City Commission hereby declares that it would have passed this Ordinance and each part,
section, subsection, phrase, sentence and clause irrespective of the fact that any one or more parts, sections,
subsections, phrases, sentences or clauses be declared invalid. However, if any provision of the Ordinance
is declared invalid, the City must seek written confirmation from the DEQ that the Ordinance still complies
with Part 353, Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as
amended.
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
27th day of August, 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 August 27, 2019, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2310 of the zoning ordinance update the Critical Dune ordinance.
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
16
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to PILOT – Gencap 1021 Jefferson Limited
Dividend Housing Association, LLC
SUMMARY OF REQUEST:
The City Commission approved a Payment in Lieu of Taxes (PILOT) for Gencap 1021
Jefferson Limited Dividend Housing Association, LLC on February 26, 2019. The
development will include 73 residential units and 2,300 sf 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%. As directed by the Michigan State Housing Development
Authority (MSHDA), the developer is requesting a few minor changes to the agreement that
reiterates that the development will be for low income persons and families, not seniors.
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 to the commercial square footage within the building.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached revised “Contract for Housing Exemption.”
COMMITTEE RECOMMENDATION:
None
8/21/2019
CITY OF MUSKEGON
2019-12(B)
FIRST AMENDED AND RESTATED CONTRACT FOR HOUSING EXEMPTION
This First Amended and Restated Agreement between GENCAP 1021 JEFFERSON
LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan limited liability
company (the “Developer”) and CITY OF MUSKEGON, 933 Terrace Street, Muskegon,
Michigan (the “City”) is made pursuant to the following terms:
RECITALS
A. The City and Developer previously entered into a Contract for Housing Exemption
dated February 26, 2019 by the City and executed on March 5, 2019 by the Developer;
B. The parties agree to amend and restate the Contract for Housing Exemption in its
entirety;
C. The City has adopted Chapter 82, Article II “Taxation” of the City Code of
Ordinances, providing for tax exemption (the “Ordinance”); and provide for a service charge in
lieu of taxes for a housing project for Low Income Persons and Families to be financed with a
Federally-Aided Mortgage Loan or an advance or grant from the Authority pursuant to the
provisions of the State Housing Development Authority Act of 1966 (1966 PA 346, as amended;
MCL 125.1401, et. seq.)(the”Act”);
D. It is acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its low income persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property
taxes in accordance with the Act. The City is authorized by this Act to establish or charge the
service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation
under this Act at any amount it chooses, not to exceed the taxes that would be paid but for this Act.
It is further acknowledged that such housing for low income persons and families is a public
necessity, and as the City will be benefited and improved by such housing, the encouragement of
the same by providing real estate tax exemption for such housing is a valid public purpose. It is
further acknowledged that the continuance of the provisions of this Ordinance for tax exemption
and the service charge in lieu of all ad valorem taxes during the period contemplated in this
Ordinance are essential to the determination of economic feasibility of the housing projects that is
constructed with financing extended in reliance on such tax exemption;
The City acknowledges that the Sponsor (as defined below) has offered, subject to
receipt of an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan
from the Michigan State Housing Development Authority, to construct/acquire and rehabilitate,
own and operate a housing project identified as 1021 Jefferson Street Apartments on certain
property located at 1021 Jefferson Street in the City (the “Project”) to serve Low Income Persons
and Families, and that the Sponsor has offered to pay the City on account of this housing project
an annual service charge for public services in lieu of all ad valorem property taxes;
E. Developer has acquired an option to purchase a site in the City of Muskegon (1021
Jefferson Street) for the construction of a proposed low-income housing project for Low Income
Persons and Families;
F. Developer and an affiliate of Developer, to be formed, have or will enter into an
agreement to form a limited dividend housing association limited liability company to function as
owner of the proposed low-income housing Project. The owning entity to be formed will be
identified as GenCap 1021 Jefferson Limited Dividend Housing Association, LLC;
G. The City encourages construction and financing of the said low-income housing
project which is identified by the working name of 1021 Jefferson Street;
H. To further enable and encourage the construction of the housing project, Developer
and the City enter into this Agreement; and
I. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS AND THE
RECITALS ARE INCORPORATED HEREIN BY REFERENCE:
1. Definitions.
1.1 “Authority” means the Michigan State Housing Development Authority.
1.2 “Annual Shelter Rents” means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges, exclusive of Utilities.
1.3 “Contract Rents” means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed upon annual period, exclusive of Utilities.
1.4 “Low Income Persons and Families” means persons and families eligible to
move into a housing project.
1.5 “Low Income Housing Tax Credits” means credits allocated under Section
42 of the Internal Revenue code (“LIHTC”).
1.6 “Mortgage Loan” means a Federally-Aided Mortgage (as defined in Section
11(c) of the Act) or loan or grant made or to be made by the Authority to the Sponsor for
the construction and/or permanent financing of the housing project, and secured by a
mortgage on the housing project.
1.7 “Sponsor” means General Capital Development, LLC and any entity that
receives or assumes a Mortgage Loan.
1.8 “Utilities” means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts
of 1966, as amended, the State Housing Development Authority (the “Act”), the City hereby grants
an exemption from all ad valorem property taxes attributable to the buildings which consist of
rental units offered to eligible Low Income Persons and Families as defined by the Authority.
3. Term of Exemption. This exemption shall continue for the period of time the
housing units remain subject to income and rent restrictions pursuant to Section 42 of Internal
Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority Regulatory Agreement
not to exceed 25 years. The City agrees to be contractually bound by this Agreement to honor the
exemption status of the proposed project as provided herein and in this Agreement for the entire
period during which the Project is financed by the Authority or receives low income housing tax
credits under Section 42 of the IRS Codes, provided that the said Mortgage Loan or a loan
originally financed by the low income housing tax credits continues outstanding as more
particularly set forth in Section 82-50(3)of the Ordinance, not to exceed 25 years.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the service charge and payment in lieu of all ad
valorem taxes on or before July 1, of each year during the time the exemption is in effect.
The service charge shall equal four percent (4%) of the rents charged for the total of all
units in the exempt housing project, whether the units are occupied or not and whether or
not the rents are paid.
4.2 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority’s
administration of the low income housing tax credit program.
4.3 In lieu of the requirement to submit a statement of annual shelter rents
and/or contract rents within 30 days after December 31, as required by the Ordinance,
Developer shall submit an annual audit by April 1st. If not timely filed, and 30 days after
notice to Developer of said delinquency, a penalty of 1.25% of the service charge shall be
imposed. This penalty shall be collectible in the same manner provided in Section 82-54
of the Ordinance.
5. Interpretation of Financing. The City agrees that the use of low income housing
tax credits constitutes financing of the loan by the Authority in fulfillment of the requirements of
Section 82-50(3) of the Ordinance.
6. Contractual Effect of Ordinance. Notwithstanding the provisions of section
15(a)(5) of the Act to the contrary, a contract between the City and the Sponsor with the Authority
as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu
of taxes, as previously described, is effectuated by enactment of this Ordinance
7. Payment of Service Charge. The annual service charge in lieu of taxes as
determined under this Ordinance shall be payable in the same manner as general property taxes
are payable to the City and distributed to the several units levying the general property tax in the
same proportion as prevailed with the general property tax in the previous calendar year. The
annual payment for each operating year shall be paid on or before April 1st of the following year.
Collection procedures shall be in accordance with the provisions of the General Property Tax Act
(1893 PA 206, as amended; MCL 211.1, et seq).
8. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3,
the service charge to be paid each year in lieu of taxes for the part of the housing project that is tax
exempt but which is occupied by other than Low Income Persons or Families shall be equal to the
full amount of the taxes which would be paid on that portion of the housing project if the housing
project were not tax exempt.
9. Counterparts. This Agreement may be executed in several counterparts and an
executed copy hereof may be relied upon as an original.
10. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, administrators, personal representatives, successors
and assigns.
11. Effective Date. The effective date of this Agreement is the date that Developer or
its assignee completes construction and receives a temporary or permanent certificate of
occupancy from the City for the Property.
12. Severability. The various sections and provisions of this Agreement shall be
deemed to be severable, and should any section or provision of this Agreement be declared by any
court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the
validity of this Agreement as a whole or any section or provision of this Agreement, other than the
section or provision so declared to be unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the
Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and
venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page,
on the dates indicated.
City of Muskegon
Dated: ___________________, 2019 By: _________________________
Stephen J. Gawron, Mayor
Dated: ___________________, 2019 By: _________________________
Ann Meisch, Clerk
GENCAP 1021 JEFFERSON
LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED
PARTNERSHIP, LLC
By: GenCap 1021 Jefferson MM,
LLC, a Wisconsin limited liability
company, its Sole Member
Dated: ___________________, 2019 By: General Capital Management,
Inc, a Wisconsin corporation, its
Manager
By: _________________________
David Weiss, CEO
CITY OF MUSKEGON
2019-12(B)
FIRST AMENDED AND RESTATED CONTRACT FOR HOUSING EXEMPTION
This First Amended and Restated Agreement between GENCAP 1021 JEFFERSON
LIMITED DIVIDEND HOUSING ASSOCIATION, LLC, a Michigan limited liability
company (the “Developer”) and CITY OF MUSKEGON, 933 Terrace Street, Muskegon,
Michigan (the “City”) is made pursuant to the following terms:
RECITALS
A. The City and Developer previously entered into a Contract for Housing Exemption
dated February 26, 2019 by the City and executed on March 5, 2019 by the Developer;
B. The parties agree to amend and restate the Contract for Housing Exemption in its
entirety;
A.C. The City has adopted Chapter 82, Article II “Taxation” of the City Code of
Ordinances, providing for tax exemption (the “Ordinance”); and provide for a service charge in
lieu of taxes for a housing project for low Low Iincome senior persons Persons and families
Families to be financed with a Federally-Aided Mortgage Loan or an advance or grant from the
Authority pursuant to the provisions of the State Housing Development Authority Act of 1966
(1966 PA 346, as amended; MCL 125.1401, et. seq.)(the”Act”);;.
B.D. It is acknowledged that it is a proper public purpose of the State of Michigan and
its political subdivisions to provide housing for its low income persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property
taxes in accordance with the Act. The City is authorized by this Act to establish or charge the
service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation
under this Act at any amount it chooses, not to exceed the taxes that would be paid but for this Act.
It is further acknowledged that such housing for low income persons and families is a public
necessity, and as the City will be benefited and improved by such housing, the encouragement of
the same by providing real estate tax exemption for such housing is a valid public purpose. It is
further acknowledged that the continuance of the provisions of this Ordinance for tax exemption
and the service charge in lieu of all ad valorem taxes during the period contemplated in this
Ordinance are essential to the determination of economic feasibility of the housing projects that is
constructed with financing extended in reliance on such tax exemption;.
The City acknowledges that the Sponsor (as defined below) has offered, subject to
receipt of an allocation of Low Income Housing Tax Credits and/or receipt of a Mortgage Loan
from the Michigan State Housing Development Authority, to construct/acquire and rehabilitate,
own and operate a housing project identified as 1021 Jefferson Street Apartments on certain
property located at 1021 Jefferson Street in the City (the “Project”) to serve low Low income
Income persons Persons and familiesFamilies, and that the Sponsor has offered to pay the City on
account of this housing project an annual service charge for public services in lieu of all ad valorem
property taxes;.
C.E. Developer has acquired an option to purchase a site in the City of Muskegon (1021
Jefferson Street) for the construction of a proposed low-income housing project (for the elderly)
as defined in City Section 82-46 of the Ordinancefor Low Income Persons and Families;.
D.F. Developer and an affiliate of Developer, to be formed, have or will enter into an
agreement to form a limited dividend housing association limited liability company to function as
owner of the proposed low-income housing Project. The owning entity to be formed will be
identified as GenCap 1021 Jefferson Limited Dividend Housing Association, LLC;.
E.G. The City encourages construction and financing of the said low-income housing
project which is identified by the working name of 1021 Jefferson Street;.
F.H. To further enable and encourage the construction of the housing project, Developer
and the City enter into this Agreement;. and
G.I. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS AND THE
RECITALS ARE INCORPORATED HEREIN BY REFERENCE:
1. Definitions.
1.1 “Authority” means the Michigan State Housing Development Authority.
1.2 “Annual Shelter Rents” means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges, exclusive of Utilities.
1.3 “Contract Rents” means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed upon annual period, exclusive of Utilities.
1.4 “Low Income Persons and Families” means persons and families eligible to
move into a housing project.
1.5 “Low Income Housing Tax Credits” means credits allocated under Section
42 of the Internal Revenue code (“LIHTC”).
1.6 “Mortgage Loan” means a Federally-Aided Mortgage (as defined in Section
11(c) of the Act) or loan or grant made or to be made by the Authority to the Sponsor for
the construction and/or permanent financing of the housing project, and secured by a
mortgage on the housing project.
1.7 “Sponsor” means General Capital Development, LLC and any entity that
receives or assumes a Mortgage Loan.
1.8 “Utilities” means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2. Grant of Exemption. As contemplated and pursuant to Act 346 of the Public Acts
of 1966, as amended, the State Housing Development Authority (the “Act”), the City hereby grants
an exemption from all ad valorem property taxes attributable to the buildings which consist of
rental units offered to eligible low Low income Income persons Persons and families Families as
defined by the Authority.
3. Term of Exemption. This exemption shall continue for the period of time the
housing units remain subject to income and rent restrictions pursuant to Section 42 of Internal
Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority Regulatory Agreement
not to exceed 25 years. The City agrees to be contractually bound by this Agreement to honor the
exemption status of the proposed project as provided herein and in this Agreement for the entire
period during which the Project is financed by the Authority or receives low income housing tax
credits under Section 42 of the IRS Codes, provided that the said Mortgage Loan or a loan
originally financed by the low income housing tax credits continues outstanding as more
particularly set forth in Section 82-50(3)of the Ordinance, not to exceed 25 years.
4. Responsibilities of the Developer. The Developer agrees to perform the following:
4.1 The Developer shall pay the service charge and payment in lieu of all ad
valorem taxes on or before July 1, of each year during the time the exemption is in effect.
The service charge shall equal four percent (4%) of the rents charged for the total of all
units in the exempt housing project, whether the units are occupied or not and whether or
not the rents are paid.
4.2 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority’s
administration of the low income housing tax credit program.
4.3 In lieu of the requirement to submit a statement of annual shelter rents
and/or contract rents within 30 days after December 31, as required by the Ordinance,
Developer shall submit an annual audit by April 1st. If not timely filed, and 30 days after
notice to Developer of said delinquency, a penalty of 1.25% of the service charge shall be
imposed. This penalty shall be collectible in the same manner provided in Section 82-54
of the Ordinance.
5. Interpretation of Financing. The City agrees that the use of low income housing
tax credits constitutes financing of the loan by the Authority in fulfillment of the requirements of
Section 82-50(3) of the Ordinance.
6. Contractual Effect of Ordinance. Notwithstanding the provisions of section
15(a)(5) of the Act to the contrary, a contract between the City and the Sponsor with the Authority
as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu
of taxes, as previously described, is effectuated by enactment of this Ordinance
7. Payment of Service Charge. The annual service charge in lieu of taxes as
determined under this Ordinance shall be payable in the same manner as general property taxes
are payable to the City and distributed to the several units levying the general property tax in the
same proportion as prevailed with the general property tax in the previous calendar year. The
annual payment for each operating year shall be paid on or before April 1st of the following year.
Collection procedures shall be in accordance with the provisions of the General Property Tax Act
(1893 PA 206, as amended; MCL 211.1, et seq).
8. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3,
the service charge to be paid each year in lieu of taxes for the part of the housing project that is tax
exempt but which is occupied by other than low Low income Income persons Persons or families
Families shall be equal to the full amount of the taxes which would be paid on that portion of the
housing project if the housing project were not tax exempt.
9. Counterparts. This Agreement may be executed in several counterparts and an
executed copy hereof may be relied upon as an original.
10. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, administrators, personal representatives, successors
and assigns.
11. Effective Date. The effective date of this Agreement is the date that Developer or
its assignee completes construction and receives a temporary or permanent certificate of
occupancy from the City for the Property.
12. Severability. The various sections and provisions of this Agreement shall be
deemed to be severable, and should any section or provision of this Agreement be declared by any
court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the
validity of this Agreement as a whole or any section or provision of this Agreement, other than the
section or provision so declared to be unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency
or conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties agree that for purposes of any dispute in connection with this Agreement, the
Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and
venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page,
on the dates indicated.
City of Muskegon
Dated: ___________________, 2019 By: _________________________
Stephen J. Gawron, Mayor
Dated: ___________________, 2019 By: _________________________
Ann Meisch, Clerk
GENCAP 1021 JEFFERSON
LIMITED DIVIDEND HOUSING
ASSOCIATION LIMITED
PARTNERSHIP, LLC
By: GenCap 1021 Jefferson MM,
LLC, a Wisconsin limited liability
company, its Sole Member
Dated: ___________________, 2019 By: General Capital Management,
Inc, a Wisconsin corporation, its
Manager
By: _________________________
David Weiss, CEO
Commission Meeting Date: August 27, 2019
Date: August 20, 2019
To: Honorable Mayor and City Commissioners
From: Finance
RE: Certification of MERS Representatives
SUMMARY OF REQUEST: The MERS plan document provides that “the
governing body for each municipality shall certify the names of two (2) delegates
to the Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected by the
member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
official employee representative attending the MERS conference will be Steve
Waltz from the Police Command Unit.
It is recommended that Kenneth Grant (Assistant Finance Director) be designated
as the City’s employer delegate.
FINANCIAL IMPACT: Registration for the MERS conference in Traverse City,
MI is $175 per person. Additionally, mileage, hotel and related costs will be
incurred.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Kenneth Grant and Steve
Waltz to be the City’s officer and employee delegates at the MERS annual meeting
in Grand Rapids on October 4 and 5, 2019.
Date: 8/27/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works - Filtration
RE: Transformer Replacement – Harvey Station
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Newkirk Electric to replace 500 KVA
transformer at Harvey Station since they submitted the lowest responsible bid of
$18,125.
Three (3) bids were submitted for this project.
Newkirk Electric $18,125.00
Wirtz Electric $19,950.00
Windemuller $23,520.00
FINANCIAL IMPACT:
$18,125
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Newkirk Electric for a cost of $18,125.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\082719\10a_Commission approval - Harvey Transformer.doc
August 19, 2019
Mr. Josh Parmer
Muskegon Water Filtration
1900 Beach St.
Muskegon, MI 49441
RE: 1880-509 500kVA Transformer Replacement Project. - #1981-048
Dear Mr. Parmer:
Newkirk Electric appreciates the opportunity to provide you with a quotation for the
above listed project. We have reviewed the scope and will supply the labor, material and
equipment to perform the following.
Scope of Work:
• Provide and install a refurbished 500kVA 3 phase YY 12,470/7200V primary
480/277V secondary station type transformer at your Harvey St. station. 4-6 week
lead time.
Clarifications:
1) Overtime is not included.
2) Electrical permit is not included.
3) A crane is included.
4) To reuse existing wire. Additional wire is not included.
5) No allowance has been added for existing needed electrical repairs not covered in the scope of work.
6) This quotation is valid for (30) days and will be subject to review after that time.
7) Newkirk Electric reserves the right to revise the quotation if new information becomes available.
Cost: $18,125.00
Sincerely,
Rob DeJonge Mike Donahue
Service Department Estimator Service Manager
Newkirk Electric Associates, Inc. Newkirk Electric Associates, Inc.
radejonge@Newkirk-electric.com MPDonahue@Newkirk-electric.com
231.724.4074 Direct 231.724.4074 Direct
231.766.1941 Cell 231.798.5405 Cell
1875 Roberts Street Muskegon, MI 49442 Main: 231.722.1691 Fax: 231.722.1690 www.newkirk-electric.com
E L E CT R I C &
CO M
M U N I CA T I O N S
Servicing Industrial and Commercial businesses since 1983
DATE: 8/8/2019 Inquiry #: 7603G
Muskegon Water Filtration
1900 Beech Street
Muskegon, MI 49441
Re: 500KVA Pad Mounted Transformer
for Harvey Lift Station
Attn: Josh Parmer
SCOPE OF WORK:
We are pleased to present the following proposal, as previously discussed, to provide one (1) 500 KVA
12470 Y/7200- 480Y /277 transformer for the harvey street lift station
Scope of Work:
1. Provide one (1) rewound 12470Y/7200 - 480Y/277 volt 500 KVA transformer
2. Transformer will consist of custom cabinets to fit current pipe & wire configurations
3. Non load Tap changer capable of +/- 2x2.5%
4. Mineral Oil coolant
5. Standard Secondary Bushings and spade connectors
FOR THE SUM OF…………………………………………………………………………………………… $19,950.00
Please note that this price is for straight time labor and a direct replacement
transformer any alterations to pipe or wire would be an additional charge
TERMS: DUE UPON RECEIPT Contact person: Chris Gilbert
ACCEPTED BY:
Signature: Chris Gilbert
1675 S. Sheridan Muskegon, Mi 49442 Main:(231)773-0018 Fax: (231)773-1897
chrisgilbert@wirtzelectric.com
August 9, 2019
Josh Parmer
City of Muskegon
1900 Beach St
Muskegon MI 49441
Project: Harvey Transformer replacement
Project #TJV19-198
Dear Josh,
This proposal is for labor, material and equipment to complete the following:
De-energize, disconnect and remove the existing 500 KVA substation transformer.
Furnish and install 1- reconditioned 500 KVA substation transformer in the same
location.
Reconnect the existing primary, secondary, and ground connections.
Re-energize and test transformer for proper voltage and rotation to complete.
Notes:
1. All associated work is based on normal working hours at non prevailing wages.
2. The new transformer will be installed in the same location as the old transformer, if any
modifications are needed for any working clearance code requirements, additional costs
will be required.
Total cost for the above described work is $23,520.00. This proposal is valid for 30 days.
Thank you for the opportunity to provide a proposal for your requirements. If you have any
questions, please feel free to contact us.
Sincerely,
Tim VanderPloeg
Outdoor Utilities Manager
Accepted by_____________________ Printed Name__________________
Purchase Order_____________________ Date_______________________
AUTOMATION | COMMUNICATIONS & IT | ELECTRICAL | OUTDOOR UTILITIES | RENEWABLE
ENERGY
Corporate Headquarters: 1176 Electric Avenue - Wayland, MI 49348 | 800.333.3641 | 616.877.8770
Mid Michigan Branch: 2936 Venture Drive - Midland, MI 48640 | 989.631.2023
Northern Michigan Branch: 1714 Northern Star Drive - Traverse City, MI 49696 | 800.891.5319 | 231.935.4800
Other Michigan Locations: Big Rapids | Kalamazoo | Petoskey | Whitehall windemuller.us
Date: 8/27/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works - Filtration
RE: Relocating power pole to Harvey Station
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Wirtz Electric to remove power pole from
Filtration Plant and relocate to Harvey Station since they submitted the lowest
responsible bid of $11,450.
Two (2) bids were submitted for this project.
Newkirk Electric $12,430.00
Wirtz Electric $11,450.00
FINANCIAL IMPACT:
$11,450
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Wirtz Electric for a cost of $11,450.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\082719\11a_Commission approval - Relocate Pole.doc
June 11, 2019
Josh Parmer
City of Muskegon Water Filtration
1900 Beach St.
Muskegon, MI 49441
RE: Light Pole Replacement - #19-80058-2
Dear Mr. Parmer:
Newkirk Electric appreciates the opportunity to provide you with a quotation for the above listed
project. We have reviewed the scope and will supply the labor, material and equipment to perform
the following.
Scope of Work:
Option 1:
• Provide and install new pole.
• Pole has a 12-14 week lead time.
• Price is based on the location being accessible with the pole truck.
Option 2:
• Relocate Existing pole.
***Because of the following variables/unknowns this number is estimated as a budgetary
price how ever the price could greatly increase once the project is underway***
• Below grade condition of the pole is unknown.
• Underground and overhead obstructions are unknown.
• Difficulty of pole removal because of ground conditions.
Clarifications:
• Overtime is not included
• Electrical permit is not included
• Site restoration is not included
• This proposal is valid for (30) days and will be subject to review after that time
• No allowance has been added for existing electrical repairs not covered in the scope of work
• Newkirk Electric reserves the right to revise this proposal if new information becomes available
Item Cost
Option 1 $21,865.00
Option 2 $12,430.00
Sincerely,
Rob DeJonge Mike Donahue
Service Department Estimator Service Manager
Newkirk Electric Associates, Inc. Newkirk Electric Associates, Inc.
radejonge@Newkirk-electric.com MPDonahue@Newkirk-electric.com
231.724.4074 Direct 231.724.4074 Direct
231.766.1941 Cell 231.798.5405 Cell
1875 Roberts Street Muskegon, MI 49442 Main: 231.722.1691 Fax: 231.722.1690 www.newkirk-electric.com
E L E CT R I C &
CO M
M U N I CA T I O N S
Servicing Industrial and Commercial businesses since 1983
DATE: 8/5/2019 Inquiry #: 8183G
Muskegon Water Filtration
1900 Beech Street
Muskegon, MI 49441
Re: Removal of 90' pole currently used
for radio tower and relocate to the
Attn: Josh Parmer Harvey Lift station
SCOPE OF WORK:
We are pleased to present the following proposal, as previously discussed, Labor & sub contractor to remove
One (1) 90' power pole currently used as a radio tower located at you beach street location, And relocation to
your harvey street lift station.
Scope of Work:
1. Provide labor to remove and relocate one (1) 90' power pole from Beach street to
Harvey lift station
FOR THE SUM OF…………………………………………………………………………………………… $11,450.00
Please note that this price is for straight time labor to remove the pole and
relocate and no other labor to remove devices or equipment. This is a Direct removal
and relocation (reinstall)of the pole only, unless otherwise approved by all parties
Prior to start of project.
TERMS: DUE UPON RECEIPT Contact person: Chris Gilbert
ACCEPTED BY:
Signature: Chris Gilbert
1675 S. Sheridan Muskegon, Mi 49442 Main:(231)773-0018 Fax: (231)773-1897
chrisgilbert@wirtzelectric.com
Date: 8/27/2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works - Filtration
RE: MTU PLC Programming Services
SUMMARY OF REQUEST:
Authorize staff to enter into a professional services agreement for MTU PLC
Programming Services at Water Filtration Plant with Tetratech per their proposal for
$16,000.
Tetra Tech is being recommended since they were the engineer for the control systems
upgrades project and their familiarity with the filtration plant.
FINANCIAL IMPACT:
$16,000
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Tetratech for a cost of $16,000.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\082719\12a_Commission approval - Filtration Plant MTU
PLC Programming.doc
August 15, 2019
Transmitted Electronically
Mr. Sanjeev Mungarwadi
Muskegon Water Filtration Plant Superintendent
1900 Beach Street
Muskegon, MI 49441
Re: Muskegon Water Filtration Plant
MTU PLC Programming Proposal
Dear Mr. Mungarwadi:
Thank you for the opportunity to submit our professional services proposal to assist the
City of Muskegon with upgrading the Water Filtration Plant (WFP) Master Telemetry
Unit (MTU) programmable logic controller (PLC).
Tetra Tech has been involved with the City of Muskegon WFP control system since the
early 1990’s and continues to serve the City of Muskegon with control system design,
implementation and programming tasks from a verity of our most experienced
engineering staff, some who have been involved with engineering related tasks for the
City for nearly 30 years.
Our service to the City of Muskegon includes design and implementation of the entire
existing control system, including the remote pump stations & tanks as well as many
upgrades at the WFP. Tetra Tech staff are always a phone call away and have assisted
the WFP staff on many occasions, including outside of normal business hours.
Based on our discussions it our understanding that you would like to upgrade the WFP
MTU PLC. We understand you have already purchased a Rockwell ControlLogix L71 PLC
to replace the existing obsoleted PLC-5 type PLC.
The MTU PLC is a critical component of the WTP operation as its acts as a data hub or
master controller responsible for controlling the sending and receiving of
communication messages between the WFP and the majority of remote stations and
elevated tanks.
Tetra Tech proposes to program the new Rockwell ControlLogix L71 PLC by
migrating/converting the control logic from the existing PLC, testing the logic in our in-
house software lab then performing onsite startup to fully debug the software and
Tetra Tech
710 Avis Drive, Ann Arbor, MI 48108
Tel 734.665.6000 Fax 734.213.3002 www.tetratech.com
make sure it’s working and integrated with the existing PLC’s and Wonderware HMI
software. Tetra Tech assumes WFP staff will provide installation of the new PLC
equipment.
SCOPE OF WORK
• Convert the existing WFP MTU PLC program to newer Rockwell Logix based
program.
• Update the Wonderware tag-name database of the exiting WFP application to
allow communication to the updated (new) PLC.
• Update the WFP Wonderware Historian tag-name database to communicate to
the new ControlLogix MTU PLC.
• Commission new software and deploy updates to the existing terminal client
computers.
• Tetra Tech will provide onsite assistance startup of the new MTU software and
fully commission the new PLC and updated Wonderware software.
ASSUMPTIONS
Tetra Tech assumes the following:
• City will provide all project related computer hardware and software.
• City will provide all required labor to install the new MTU PLC and connect the
PLC to the existing Ethernet network.
COMPENSATION
Compensation for the professional services for this project will be based on time and
materials at a not to exceed fee of $16,000.
If you concur with our proposal, please sign in the space provided below and return one
original signed copy of this proposal to indicate your authorization to proceed. A return
envelope is enclosed for your convenience. Our Standard Terms and Conditions are
attached and considered a part of this proposal.
SCHEDULE
We are prepared to begin work immediately upon receipt of your written authorization
to proceed. A preliminary schedule is presented below:
• In-house System Programming Sept/Oct 2019 (4 weeks)
• Onsite System Startup Oct/Nov 2019 (1 weeks)
2
CONCLUSION
We look forward to working with you on this important project. If you need additional
information, please call me at (734) 213-5075.
Sincerely,
Mick S. Jones, P.E.
Senior Project Manager
Encl.: Standard Terms and Conditions
Copy: Accounting (w/encl.)
PROPOSAL ACCEPTED BY
TITLE DATE
Muskegon Water Filtration Plant MTU PLC Programming Proposal
3
Tetra Tech of Michigan, PC
Engineering Services Standard Terms & Conditions
Services Consultant will perform services for the Project as set forth in Attachment A and Ownership of Documents Drawings, specifications, reports, programs, manuals, or
in accordance with these Terms & Conditions. Consultant has developed the Project other documents, including all documents on electronic media, prepared under this
scope of service, schedule, and compensation based on available information and Agreement are instruments of service and are, and shall remain, the property of
various assumptions. The Client acknowledges that adjustments to the schedule and Consultant. Record documents of service shall be based on the printed copy. Consultant
compensation may be necessary based on the actual circumstances encountered by will retain all common law, statutory, and other reserved rights, including the copyright
Consultant in performing their services. Consultant is authorized to proceed with services thereto. Consultant will furnish documents electronically; however, the Client releases
upon receipt of an executed Agreement. Consultant from any liability that may result from documents used in this form. Consultant
Compensation In consideration of the services performed by Consultant, the Client shall shall not be held liable for reuse of documents or modifications thereof by the Client or its
pay Consultant in the manner set forth above. The parties acknowledge that terms of representatives for any purpose other than the original intent of this Agreement, without
compensation are based on an orderly and continuous progress of the Project. written authorization of and appropriate compensation to Consultant.
Compensation shall be equitably adjusted for delays or extensions of time beyond the Standard of Care Services provided by Consultant under this Agreement will be
control of Consultant. Where total project compensation has been separately identified performed in a manner consistent with that degree of care and skill ordinarily exercised
for various tasks, Consultant may adjust the amounts allocated between tasks as the by members of the same profession currently practicing under similar circumstances.
work progresses so long as the total compensation amount for the project is not Consultant makes no warranty or guaranty, either express or implied. Consultant will not
exceeded. be liable for the cost of any omission that adds value to the Project.
Fee Definitions The following fee types shall apply to methods of payment: Period of Service This Agreement shall remain in force until completion and acceptance
Salary Cost is defined as the individual’s base salary plus customary and statutory of the services or until terminated by mutual agreement. Consultant shall perform the
benefits. Statutory benefits shall be as prescribed by law and customary benefits services for the Project in a timely manner consistent with sound professional practice.
shall be as established by Consultant employment policy. Consultant will strive to perform its services according to the Project schedule set forth in
Cost Plus is defined as the individual’s base salary plus actual overhead plus the provisions for Scope of Work/Fee/Schedule in Attachment A. The services of each
professional fee. Overhead shall include customary and statutory benefits, task shall be considered complete when deliverables for the task have been presented
administrative expense, and non-project operating costs. to the Client. Consultant shall be entitled to an extension of time and compensation
adjustment for any delay beyond Consultant control.
Lump Sum is defined as a fixed price amount for the scope of services described.
Standard Rates is defined as individual time multiplied by standard billing rates for Insurance and Liability Consultant shall maintain the following insurance and coverage
that individual. limits during the period of service. The Client will be named as an additional insured on
Subcontracted Services are defined as Project-related services provided by other the Commercial General Liability and Automobile Liability insurance policies.
parties to Consultant. Worker’s Compensation – as required by applicable state statute
Reimbursable Expenses are defined as actual expenses incurred in connection Commercial General Liability - $1,000,000 per occurrence for bodily injury, including
with the Project. death and property damage, and $2,000,000 in the aggregate
Payment Terms Consultant shall submit invoices at least once per month for services Automobile Liability –$1,000,000 combined single limit for bodily injury and property
performed and Client shall pay the full invoice amount within 30 days of the invoice date. damage
Invoices will be considered correct if not questioned in writing within 10 days of the invoice Professional Liability (E&O) - $1,000,000 each claim and in the aggregate
date. Client payment to Consultant is not contingent on arrangement of project financing The Client shall make arrangements for Builder’s Risk, Protective Liability, Pollution
or receipt of funds from a third party. In the event the Client disputes the invoice or any Prevention, and other specific insurance coverage warranted for the Project in amounts
portion thereof, the undisputed portion shall be paid to Consultant based on terms of this appropriate to the Project value and risks. Consultant shall be a named insured on those
Agreement. Invoices not in dispute and unpaid after 30 days shall accrue interest at the policies where Consultant may be at risk. The Client shall obtain the counsel of others in
rate of one and one-half percent per month (or the maximum percentage allowed by law, setting insurance limits for construction contracts.
whichever is the lesser). Invoice payment delayed beyond 60 days shall give Consultant Indemnification Consultant shall indemnify and hold harmless the Client and its
the right to stop work until payments are current. Non-payment beyond 70 days shall be employees from any liability, settlements, loss, or costs (including reasonable attorneys’
just cause for termination by Consultant. fees and costs of defense) to the extent caused solely by the negligent act, error, or
Additional Services The Client and Consultant acknowledge that additional services omission of Consultant in the performance of services under this Agreement. If such
may be necessary for the Project to address issues that may not be known at Project damage results in part by the negligence of another party, Consultant shall be liable only
initiation or that may be required to address circumstances that were not foreseen. In that to the extent of Consultant’s proportional negligence.
event, Consultant shall notify the Client of the need for additional services and the Client Dispute Resolution The Client and Consultant agree that they shall diligently pursue
shall pay for such additional services in an amount and manner as the parties may resolution of all disagreements within 45 days of either party’s written notice using a
subsequently agree. mutually acceptable form of mediated dispute resolution prior to exercising their rights
Site Access The Client shall obtain all necessary approvals for Consultant to access the under law. Consultant shall continue to perform services for the Project and the Client
Project site(s). shall pay for such services during the dispute resolution process unless the Client issues
Underground Facilities Consultant and/or its authorized subcontractor will conduct a written notice to suspend work. Causes of action between the parties to this Agreement
research and perform site reconnaissance in an effort to discover the location of existing shall be deemed to have accrued and the applicable statutes of repose and/or limitation
underground facilities prior to developing boring plans, conducting borings, or undertaking shall commence not later than the date of substantial completion.
invasive subsurface investigations. Client recognizes that accurate drawings or Suspension of Work The Client may suspend services performed by Consultant with
knowledge of the location of such facilities may not exist, or that research may reveal as- cause upon fourteen (14) days written notice. Consultant shall submit an invoice for
built drawings or other documents that may inaccurately show, or not show, the location services performed up to the effective date of the work suspension and the Client shall
of existing underground facilities. In such events, except for the sole negligence, willful pay Consultant all outstanding invoices within fourteen (14) days. If the work suspension
misconduct, or practice not conforming to the Standard of Care cited in this Agreement, exceeds thirty (30) days from the effective work suspension date, Consultant shall be
Client agrees to indemnify and hold Consultant and/or its Subcontractor harmless from entitled to renegotiate the Project schedule and the compensation terms for the Project.
any and all property damage, injury, or economic loss arising or allegedly arising from Termination The Client or Consultant may terminate services on the Project upon seven
borings or other subsurface penetrations. (7) days written notice without cause or in the event of substantial failure by the other
Regulated Wastes Client is responsible for the disposal of all regulated wastes party to fulfill its obligations of the terms hereunder. Consultant shall submit an invoice for
generated as a result of services provided under this Agreement. Consultant and Client services performed up to the effective date of termination and the Client shall pay
mutually agree that Consultant assumes no responsibility for the waste or disposal Consultant all outstanding invoices, together with all costs arising out of such termination,
thereof. within fourteen (14) days. The Client may withhold an amount for services that may be in
Contractor Selection Consultant may make recommendations concerning award of dispute provided that the Client furnishes a written notice of the basis for their dispute and
construction contracts and products. The Client acknowledges that the final selection of that the amount withheld represents a reasonable value.
construction contractors and products is the Client’s sole responsibility.
Page 1 of 2 Tt Terms & Conditions, Rev 04/01/17
Authorized Representative The Project Manager assigned to the Project by Consultant Safety Consultant shall be responsible solely for the safety precautions or programs of
is authorized to make decisions or commitments related to the project on behalf of its employees and no other party.
Consultant. Only authorized representatives of Consultant are authorized to execute Information from Other Parties The Client and Consultant acknowledge that Consultant
contracts and/or work orders on behalf of Consultant. The Client shall designate a will rely on information furnished by other parties in performing its services under the
representative with similar authority. Email messages between Client and members of Project. Consultant shall not be liable for any damages that may be incurred by the Client
the project team shall not be construed as an actual or proposed contractual amendment in the use of third party information.
of the services, compensation or payment terms of the Agreement.
Force Majeure Consultant shall not be liable for any damages caused by any delay that
Project Requirements The Client shall confirm the objectives, requirements, constraints, is beyond Consultant’s reasonable control, including but not limited to unavoidable delays
and criteria for the Project at its inception. If the Client has established design standards, that may result from any acts of God, strikes, lockouts, wars, acts of terrorism, riots, acts
they shall be furnished to Consultant at Project inception. Consultant will review the Client of governmental authorities, extraordinary weather conditions or other natural
design standards and may recommend alternate standards considering the standard of catastrophes, or any other cause beyond the reasonable control or contemplation of
care provision. either party.
Independent Consultant Consultant is and shall be at all times during the term of this Waiver of Rights The failure of either party to enforce any provision of these terms and
Agreement an independent consultant and not an employee or agent of the Client. conditions shall not constitute a waiver of such provision nor diminish the right of either
Consultant shall retain control over the means and methods used in performing party to the remedies of such provision.
Consultant’s services and may retain subconsultants to perform certain services as
determined by Consultant. Warranty Consultant warrants that it will deliver services under the Agreement within the
standard of care. No other expressed or implied warranty is provided by Consultant.
Compliance with Laws Consultant shall perform its services consistent with sound
professional practice and endeavor to incorporate laws, regulations, codes, and Severability Any provision of these terms later held to be unenforceable shall be deemed
standards applicable at the time the work is performed. In the event that standards of void and all remaining provisions shall continue in full force and effect. In such event, the
practice change during the Project, Consultant shall be entitled to additional Client and Consultant will work in good faith to replace an invalid provision with one that
compensation where additional services are needed to conform to the standard of is valid with as close to the original meaning as possible.
practice. Survival All obligations arising prior to the termination of this Agreement and all
Permits and Approvals Consultant will assist the Client in preparing applications and provisions of these terms that allocate responsibility or liability between the Client and
supporting documents for the Client to secure permits and approvals from agencies Consultant shall survive the completion or termination of services for the Project.
having jurisdiction over the Project. The Client agrees to pay all application and review Assignments Neither party shall assign its rights, interests, or obligations under the
fees. Agreement without the express written consent of the other party.
Limitation of Liability In recognition of the relative risks and benefits of the project to Governing Law The terms of Agreement shall be governed by the laws of the state
both the Client and Consultant, the risks have been allocated such that the Client agrees, where the services are performed provided that nothing contained herein shall be
to the fullest extent permitted by law, to limit the liability of Consultant and its interpreted in such a manner as to render it unenforceable under the laws of the state in
subconsultants to the Client and to all construction contractors and subcontractors on the which the Project resides.
project for any and all claims, losses, costs, damages of any nature whatsoever or claims Collection Costs In the event that legal action is necessary to enforce the payment
expenses from any cause or causes, so that the total aggregate liability of Consultant and provisions of this Agreement if Client fails to make payment within sixty (60) days of the
its subconsultants to all those named shall not exceed $50,000 or the amount of invoice date, Consultant shall be entitled to collect from the Client any judgment or
Consultant’s total fee paid by the Client for services under this Agreement, whichever is settlement sums due, reasonable attorneys’ fees, court costs, and expenses incurred by
the greater. Such claims and causes include, but are not limited to negligence, Consultant in connection therewith and, in addition, the reasonable value of Consultant’s
professional errors or omissions, strict liability, breach of contract or warranty. time and expenses spent in connection with such collection action, computed at
Consequential Damages Notwithstanding any other provision of this Agreement, and to Consultant’s prevailing fee schedule and expense policies.
the fullest extent permitted by law, neither the Client nor Consultant, their respective Equal Employment Opportunity Consultant will comply with federal regulations
officers, directors, partners, employees, contractors or subconsultants shall be liable to pertaining to Equal Employment Opportunity. Consultant is in compliance with applicable
the other or shall make any claim for any incidental, indirect or consequential damages local, state, and federal regulations concerning minority hiring. It is Consultant’s policy to
arising out of or connected in any way to the project or to this Agreement. This mutual ensure that applicants and employees are treated equally without regard to race, creed,
waiver of consequential damages shall include, but is not limited to, loss of use, loss of sex, color, religion, veteran status, ancestry, citizenship status, national origin, marital
profit, loss of business, loss of income, loss of reputation or any other consequential status, sexual orientation, or disability. Consultant expressly assures all employees,
damages that either party may have incurred from any cause of action including applicants for employment, and the community of its continuous commitment to equal
negligence, strict liability, breach of contract and breach of strict or implied warranty. Both opportunity and fair employment practices.
the Client and Consultant shall require similar waivers of consequential damages
Attorney Fees Should there be any suit or action instituted to enforce any right granted
protecting all the entities or persons named herein in all contracts and subcontracts with
in this contract, the substantially prevailing party shall be entitled to recover its costs,
others involved in this project or with this Agreement.
disbursements, and reasonable attorney fees from the other party. The party that is
Waiver of Subrogation Consultant shall endeavor to obtain a waiver of subrogation awarded a net recovery against the other party shall be deemed the substantially
against the Client, if requested in writing by the Client, provided that Consultant will not prevailing party unless such other party has previously made a bona fide offer of payment
increase its exposure to risk and Client will pay the cost associated with any premium in settlement and the amount of recovery is the same or less than the amount offered in
increase or special fees. settlement. Reasonable attorney fees may be recovered regardless of the forum in which
Environmental Matters The Client warrants that they have disclosed all potential the dispute is heard, including an appeal.
hazardous materials that may be encountered on the Project. In the event unknown Third Party Beneficiaries Nothing in this Agreement shall create a contractual
hazardous materials are encountered, Consultant shall be entitled to additional relationship with or a cause of action in favor of a third party against either the Client or
compensation for appropriate actions to protect the health and safety of its personnel, the Consultant. The Consultant’s services under this Agreement are being performed
and for additional services required to comply with applicable laws. The Client shall solely for the Client’s benefit, and no other entity shall have any claim against the
indemnify Consultant from any claim related to hazardous materials encountered on the Consultant because of this Agreement or the performance or nonperformance of services
Project except for those events caused by negligent acts of Consultant. hereunder. The Client agrees to include a provision in all contracts with contractors and
Cost Opinions Consultant shall prepare cost opinions for the Project based on historical other entities involved in this project to carry out the intent of this paragraph.
information that represents the judgment of a qualified professional. The Client and Lien Rights Consultant may file a lien against the Client’s property in the event that the
Consultant acknowledge that actual costs may vary from the cost opinions prepared and Client does not make payment within the time prescribed in this Agreement. The Client
that Consultant offers no guarantee related to the Project cost. agrees that services by Consultant are considered property improvements and the Client
Contingency Fund The Client acknowledges the potential for changes in the work during waives the right to any legal defense to the contrary.
construction and the Client agrees to include a contingency fund in the Project budget Captions The captions herein are for convenience only and are not to be construed as
appropriate to the potential risks and uncertainties associated with the Project. Consultant part of this Agreement, nor shall the same be construed as defining or limiting in any way
may offer advice concerning the value of the contingency fund; however, Consultant shall the scope or intent of the provisions hereof.
not be liable for additional costs that the Client may incur beyond the contingency fund
they select unless such additional cost results from a negligent act, error, or omission
related to services performed by Consultant.
Page 2 of 2 Tt Terms & Conditions, Rev 04/01/17
Date: 8/27/2019
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) Chevy Traverse
coming from Berger Chevrolet off the Oakland County Contract, the lowest available
price. The price of this vehicle is $30,396.00 coming from the Equipment Division
Budget.
FINANCIAL IMPACT:
$30,396.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Chevy Traverse from Berger Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\082719\13a_2020 Traverse revised.doc
Date: 8/27/2019
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) Chevy Impala
coming from Berger Chevrolet off the Oakland County Contract, the lowest available
price. The price of this vehicle is $22,843.00 coming from the Equipment Division
Budget.
FINANCIAL IMPACT:
$22,843.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Chevy Impala from Berger Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\082719\14a_2019Impala.doc
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Finance
DATE: August 19, 2019
SUBJECT: Notice of Intent to Bond Resolution for Scattered Housing Development
SUMMARY OF REQUEST: The Notice of Intent is the first step in the bonding process. This
resolution authorizes the publication of the Notice of Intent to bond for the purpose of acquisition and
construction of residential housing units in the City for economic development purposes. The total project
shall not exceed $3,000,000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Resolution of Intent.
NOTICE OF INTENT RESOLUTION
CITY OF MUSKEGON
County of Muskegon, State of Michigan
_______________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, held on the 27th day of August, 2019, at 5:30 o’clock p.m.
prevailing Eastern Time.
PRESENT: Members _________________________________________________________
_________________________________________________________________
ABSENT: Members _________________________________________________________
The following preamble and resolution were offered by Member ___________________
and supported by Member _____________________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”),
intends to borrow money to pay all or part of the cost to acquire and construct residential housing
units in the City for economic development purposes (the “Project”); and
WHEREAS, the City desires to authorize the issuance and sale of its general obligation
limited tax bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”) as
the most efficient method of financing the Project; and
WHEREAS, the total amount of bonds to be issued to finance the acquisition and
construction of the Project shall not exceed Three Million Dollars ($3,000,000); and
WHEREAS, a notice of intent to issue bonds must be published before the issuance of the
aforesaid bonds in order to comply with the requirements of Section 517 of Act 34.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue the Bonds in the Muskegon Chronicle, a newspaper of general circulation in the City.
2. The notice of intent shall be published as a display advertisement not less than
one-quarter (1/4) page in size in substantially the form attached to this Resolution as Exhibit A.
3. The City Commission does hereby determine that the foregoing form of Notice of
Intent to Issue Bonds, and the manner of publication directed, is adequate notice to the taxpayers
and electors of the City, and is the method best calculated to give them notice of the City’s intent
to issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
referendum of the electors with respect thereto, and that the provision of forty-five (45) days
within which to file a referendum petition is adequate to insure that the City’s electors may
exercise their legal rights of referendum, and the newspaper named for publication is hereby
determined to reach the largest number of persons to whom the notice is directed.
4. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution are hereby rescinded.
AYES: Members _________________________________________________________
_________________________________________________________________
NAYS: Members _________________________________________________________
RESOLUTION DECLARED ADOPTED.
_______________________________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 27, 2019, and that the meeting was conducted and public notice
of the meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, and that the minutes of the meeting were kept and will
be or have been made available as required by the Open Meetings Act.
_______________________________________________
Ann Marie Meisch
City Clerk
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
2
EXHIBIT A
NOTICE TO ELECTORS OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF
THE CITY AND OF RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, County of
Muskegon, intends to authorize the issuance and sale of general obligation capital improvement
bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series in a
total principal amount of not to exceed Three Million Dollars ($3,000,000), for the purpose of
paying all or part of the cost to acquire and construct residential housing units in the City for
economic development purposes.
BOND DETAILS
The bonds will mature in not to exceed ten (10) years, with interest rates to be determined
at a public or negotiated sale but in no event to exceed the maximum permitted by law on the
unpaid balance from time to time remaining outstanding on said bonds.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID BONDS shall be payable from the
general funds of the City lawfully available for such purposes including property taxes levied
within applicable constitutional, statutory and charter tax rate limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS
A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN
FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION
IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts
of Michigan, 2001, as amended.
Ann Marie Meisch
Clerk, City of Muskegon
34161200.1\063684-00043
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
A-1
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to Establish an Obsolete Property District
– 1208 8th St
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Core Development Corp, LLC
has requested the establishment of an Obsolete Property District for their property at 1208 8th
St. The establishment of the Obsolete Property District would allow them to apply for an
Obsolete Property Rehabilitation Exemption Certificate.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the creation of the district.
COMMITTEE RECOMMENDATION:
None
1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _____
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the purpose
of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete
Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission and is
clearly characterized by the presence of obsolete commercial property, and the land and
improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the proposed
Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all
owners and any other resident or taxpayer of the City to appear and be heard. Said notice was
given at least ten (10) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, as is described in
Attachment A.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the
lands and parcels set forth in the attached description.
This resolution passed.
Ayes __________________________________________________________________
Nays __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
2
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on August 27, 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
3
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 & 8 BLK 317 EXC A STRIP OF LAND 8 FT
SIDE ACROSS THE SELY END OF LOT 8 FOR USE AS AN ALLEY SUBJ TO CROSS PARKING
& REFUSE ESMT RECORD'D L/P 3642/568
4
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to issue an Obsolete Property
Certificate –Core Development Corp, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Core Development Corp,
LLC has requested the issuance of an Obsolete Property Certificate for their property
located at 1208 8th St. Total capital investment for this project is estimated to be $550,000,
which qualifies them for the full 12-year abatement.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen at the pre-
rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Obsolete Property Rehabilitation Exemption Certificate
COMMITTEE RECOMMENDATION:
None
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Core
Development Corp, LLC.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
Certificate from Core Development Corp, LLC, to apply to the improvements located in an Obsolete
Property Rehabilitation District established by previous resolution. All items described under
“Instructions” (a) through (f) of the application for Obsolete Property Rehabilitation Exemption
Certificate have been provided to the City of Muskegon, the Qualified Local Government Unit,
by the applicant.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after a hearing on August 27, 2019.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City
Commission determines further that the said exceedance will not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
taxing units.
F. This resolution of approval is considered by the City Commission on August 27, 2019, after a public
hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, Core Development Corp, LLC is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for twelve (12) years and no extensions will be
granted.
I. The City Commission finds that the property for which the Obsolete Property Rehabilitation
Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
from the applicant all the items required by Section 9 of the application form, being the general
description of the obsolete facility, a general description of the proposed use, a description of the
general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
the rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated
within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
percent (10%) of the true cash value of the property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twenty-four (24) months to complete
the rehabilitation. It shall be completed by August 27, 2021, or two years after the Certificate is
issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by Core Development Corp, LLC for an Obsolete
Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years and no
extensions will be granted;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on August 27, 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
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 & 8 BLK 317 EXC A STRIP OF LAND 8 FT
SIDE ACROSS THE SELY END OF LOT 8 FOR USE AS AN ALLEY SUBJ TO CROSS PARKING &
REFUSE ESMT RECORD'D L/P 3642/568
Date: August 7, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Designation of Voting Delegates for the Michigan
Municipal League Annual Business Meeting
SUMMARY OF REQUEST: To designate by action of the Commission,
one of our officials who will be in attendance at the Convention as an
official representative to cast the vote of the municipality at the Annual
Meeting; and, if possible, to designate one other official to serve as an
alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to Create a new Neighborhood Enterprise Zone district
at 292 W Western Ave
SUMMARY OF REQUEST:
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, Sweetwater Development,
LLC has requested to create a new Neighborhood Enterprise Zone (NEZ) district for the
parcel at 292 W Western Ave. Properties located in this NEZ district will be eligible to apply
for NEZ certificates, which will lower the residential property taxes on new construction.
Notice letters were sent to the taxing jurisdictions on June 11, 2019 and a public hearing
was held on June 25, 2019. State law requires that the resolution must be adopted at least
60 days after the notice letters were sent.
FINANCIAL IMPACT:
No financial impact at this point. However, being in a district will allow them to apply for a
rehab NEZ certificate, which will lower the residential property taxes for 1 to 15 years.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the new NEZ district.
COMMITTEE RECOMMENDATION:
None
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICT WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;
WHEREAS, notices were sent to the local taxing jurisdictions on June 11, 2019, and;
WHEREAS, a public hearing was held regarding the creation of this new district on June 25,
2019; and
WHEREAS, the new district boundaries will include the property known as “The Leonard (292
W Western Ave, property #24-233-000-0024-00),” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.
Adopted this 27th day of August, 2019.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
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 August 27, 2019.
By: ________________________
Ann Meisch
City Clerk
Attachment A
Commission Meeting Date: August 27, 2019
Date: August 21, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 292 W
Western
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone Certificate has been received from
Sweetwater Development, LLC for the construction of 18 market-rate apartments as
part of a mixed-use development project. The estimated project cost is $222,975 per
unit. 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
8/21/2019
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 Sweetwater Development, LLC to construct new market-rate
residential apartments at 292 W Western Ave in “The Leonard” Neighborhood Enterprise Zone
District, and;
WHEREAS, the Neighborhood Enterprise Zone Certificate will only be applied to the 18
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 292 W Western Ave by
Sweetwater Development, LLC be approved.
Adopted this 27th day of August, 2019.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
8/21/19
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 August 27, 2019.
By: ________________________
Ann Meisch
City Clerk
8/21/19
AGENDA ITEM NO. __________
CITY COMMISSION MEETING __
TO: Honorable Mayor and City Commission
FROM: Finance
DATE: August 19, 2019
SUBJECT: Updates to MERS Defined Benefit Plan Adoption Agreements
SUMMARY OF REQUEST: After an audit conducted by MERS of our payroll system, it was
discovered that we need to update our agreements for changes made per union agreements, compensation
included in MERS wages and hours included in calculating Final Average Compensation that weren’t
included in current agreements.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the updates to our MERS Defined Benefit Agreements.
Detail for Updates to Defined Benefit Agreements with MERS
1) Division 50 Fire – updates to include sick leave payouts and payment in lieu of health insurance in
computing MERS wages. This also updates the maximum hours of leave includible in the Final
Average Compensation for 40 hour a week employees at 240 hours and for 54 hour week
employees at 324. All of these update should have come over when this division moved to MERS
in April 2007.
2) Division 21 – Police Patrol – updates to include sick leave payouts and payment in lieu of health
insurance in computing MERS wages. This also updates the maximum hours of leave includible
in the Final Average Compensation at 240 hours. All of these updates should have come over
when this division moved to MERS in July 2007.
3) Division 22 - Police Command – update to exclude overtime pay from computing MERS wages.
This update was effective 3/1/2013.
4) Division 1 Nonunion – update to include sick leave payout and payment in lieu of health insurance
in computing MERS wages. This update should have come over when this division moved to
MERS in January 2006.
5) Division 11 Clerical – update to include sick leave payout and payment in lieu of health insurance
in computing MERS wages. This update should have come over when this division moved to
MERS in October 2006.
6) Division 12 – DPW SEIU – update to include sick leave payout and payment in lieu of health
insurance in computing MERS wages. This update should have come over when this division
moved to MERS in April 2007.
7) Division 22 Police Command – update to include leave payout and payment in lieu of health
insurance in computing MERS wages. This update should have come over when this division
moved to MERS in July 2006.
Date: August 21, 2019
To: City Commissioners
From: Office of the Mayor
RE: Revised City Commission Rules and Procedures
SUMMARY OF REQUEST: To adopt revisions to the City Commission Rules
and Procedures discussed at the Legislative Policy Committee meeting held
July 31, 2019.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
RECOMMENDATION: To adopt the revised City Commission Rules and
Procedures as discussed.
CONTENTS
RULES OF THE CITY COMMISSION
A. Regular & Special Meetings
B. Meeting Procedures
C. Closed Meetings
D. Voting & Discussion
E. Citizen Participation
F. Agenda
G. Consent Agenda
H. Recording of Meeting
I. Miscellaneous
J. Committee Assignments
K. Manager Evaluation Process
GUIDELINES FOR CONDUCT
A. Public Relations
B. City Commission Relations with City Staff
C. City Commission Relations with Appointed City Commissions and
Committees and Commission Member Representation to other Agencies and Groups
RESOLUTION
A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY COMMISSION FOR THE
CONDUCT OF COMMISSION MEETINGS AND A CODE OF CONDUCT.
BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission does hereby adopt
certain rules of procedures and conduct as follows:
RULES OF THE CITY COMMISSION
A. REGULAR AND SPECIAL MEETINGS:
1. REGULAR MEETINGS
Regular meetings of the City Commission will be held on the second and fourth Tuesday
of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace
Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the
Commission.
2. SPECIAL MEETINGS
A special meeting may be called by the Mayor or any of two (2) or more members-of
Commission and upon at least eighteen (18) hours-notice to each member.
3. BUSINESS AT SPECIAL MEETINGS
No business shall be transacted at any special meeting of the Commission unless the same
has been stated in the required notice of such meeting.
4. STUDY SESSION MEETINGS
The Study Work Session meetings will be held on the Monday preceding the second
Tuesday of each month at 5:30 p.m. in City Hall, 933 Terrace Street.
5. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS.
a) For regular meetings of the Commission, the Clerk shall post at the City Hall,
within three (3) days after the first meeting of the Commission in each calendar
year, a public notice stating the dates, times, and places of its regular meeting for
the year.
b) For a rescheduled regular or a special meeting, of the Commission, a public notice
stating the date, time, place and reason of the meeting shall be posted in City
Hall at least 18 hours before the meeting.
c) However, such notice, as described in 5a and b above, is not required for a
meeting of the Commission in emergency session in the event of a widespread
natural disaster or a severe and imminent threat to the health, safety or welfare
of the public when two-thirds of the members of the Commission determine
that delay would be detrimental to the City’s efforts in responding to the threat.
6. MAILINGSHARING OF MEETING AGENDAS AND PACKETS
City Clerk shall upload every regular City Commission meeting packet to the city’s
website at least 84 hours prior to the start of the meeting. Additionally, upon written
request of an individual, organization, firm or corporation, and upon the requesting
party's payments of an annual fee of not more than the reasonable estimated cost for
printing and postage of such notices, the Clerk shall send to the requesting party by first
class mail a copy of regular meeting agendas. Upon written request, the Clerk shall
provide a copy of such notices of Meetings to any newspaper published in the City of
Muskegon and to any radio and television station located in Muskegon County free of
charge.
7. MINUTES OF REGULAR AND SPECIAL MEETINGS
a) A journal of the proceedings of each regular and special meeting will be kept in
the English language by the Clerk and shall be signed by the City Clerk, upon
approval of Commission.
b) Unapproved minutes of regular or special meetings will be available for public
inspection not more than eight business days after such meeting.
c) Approved minutes will be available for public inspection not later than five
business days after the meeting at which the minutes were approved.
B. MEETING PROCEDURES:
1. MEETINGS TO BE PUBLIC
All regular and special meetings of the City Commission shall be open to the public and
citizens shall have a reasonable opportunity to be heard under such rules and
regulations as the Commission may prescribe.
2. ORDER OF BUSINESS
An agenda for each Regular Commission meeting shall be prepared by the Mayor, City
Manager, or City Clerk in accordance with the following order of business:
a. Call Meeting to Order/Welcome
b. Prayer
c. Pledge of Allegiance
d. Roll Call
e. Honors and Awards Honors and Awards
f. Consent Agenda Public Comment on Agenda Items
g. Public Hearings Consent Agenda
h. Communications Public Hearings
i. City Manager’s Report Unfinished Business
j. Unfinished Business New Business
k. New Business Any Other Business
l. Any Other Business Public Comment on Non-Agenda Items
m. Public Comment on Non-Agenda Items Adjournment
n. Adjournment
3. QUORUM
Four (4) members of the Commission in office at the time shall be a quorum for the
transaction of business.
4. PRESIDING OFFICER
The presiding officer shall be responsible for enforcing the Rules of the City Commission,
contained herein, as well as the Code of Conduct. The Mayor shall be the presiding officer
of the Commission. In the absence of or disability of the Mayor, the Vice-Mayor shall be
the presiding Officer of the Commission. In the absence or disability of both, the
Commission may designate another of its members to serve as presiding during such
absence or disability.
C. CLOSED MEETINGS:
1. PURPOSE
The City Commission may only meet in closed session for purposes defined in the Michigan
Open meetings Act as follows:
a) To consider the dismissal, suspension, or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member, or individual
agent, when the named person requests a closed hearing.
b) For strategy and negotiation sessions connected with the negotiation of a
collective bargaining agreement or related issues when either negotiating party
requests a closed herein
c) To consider the purchase or lease of real property up to the time an option to
purchase or lease that real property is obtained. This does not include the sale,
lease or other conveyance of City property to others.
d) To consult with its attorney regarding trial or settlement strategy in connection
with specific pending litigation, but only when an open meeting would have a
detrimental financial effect on the litigating or settlement position of the
Commission.
e) To review the specific •contents of an application for employment or
appointment to a public office when the candidate requests that the application
remain confidential. Ali interviews by a public body for employment or
appointment to a public office shall be held in an open meeting pursuant to this
act.
f) To consider material exempt from discussion or disclosure by state or federal
statute.
2. CALLING CLOSED SESSIONS:
A two-thirds roll call vote of the Commission members elected and serving shall be
required, except under Sections (a) and (b) above. The roll call vote shall be taken at an
open meeting and the purpose for calling the closed session shall be entered into the
minutes of the meeting at which the vote is taken.
3. MINUTES OF CLOSED MEETINGS
A separate set of minutes •shall be taken by the Clerk or the designated Secretary at the
closed session. These minutes will be retained by the Clerk of the Commission, shall not
be available to the public, and shall be disclosed if required by a civil action. These minutes
shall be kept for a period of one year from the date of the closed meeting.
4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION
A City Commission member shall not divulge to an unauthorized person confidential
information discussed in an executive session in advance of the time prescribed for ifs
authorized release to the public by the City Commission. Commission members shall
honor the confidentiality of the debate, discussion, and preliminary action taken in
executive session, and be aware of the potential financial liability and/or harm- to the
reputation of the City by premature disclosure.
D. VOTING AND DISCUSSION:
1. ROLL CALL
In all call votes, the names of the members of the Commission shall be called. A vote
upon all ordinance enactments, rezoning issues, and liquor license requests shall be
taken by a roll call vote and entered upon the records.
2. RESULTS OF VOTING
In all cases where a vote is taken, the Chair or Clerk shall declare the result.
3. DUTY TO VOTE
Whenever a question is put before the Chair, every member shall vote, provided however,
that no member shall be required to vote if:
a) That member shall have a conflict of interest and shall state his/her conflict of
interest, or
b) That member shall state that he/she has inadequate information upon which to
base a reasonably informed vote and shall state the particulars of the
information desired before a reasonable informed vote can be cast.
Absence from a prior meeting shall not constitute the basis of the lack of
information referred to above
If a member is precluded from voting pursuant to a conflict of interest, that member shall
refrain from participating in the discussion on the issue.
4. CONDUCT OF DISCUSSION
The maker of the motion shall speak first, and the supporter of the motion shall speak
second. During Commission discussion and debate, no member shall speak until
recognized for the purpose by the Chair. After such recognition the member shall confine
discussion to the question at hand. Personal comments about other individuals should
be avoided. When addressing other members of the Commission they should be
addressed by title and/or last name but not by first name. No member should request to
speak a second time on a motion as long as another is requesting recognition to speak
for a first time. After every member of the Commission has had the opportunity to speak
on an item for the first time, the Mayor may ask if any member of the Commission would
like to make a motion to call the question. If a motion is made and seconded, debate
shall stop immediately and the Mayor will take a vote on the motion to call the question
by a show of hands; if 2/3 of the present Commissioners agree to end the debate, the
Clerk shall immediately take a roll call vote on the underlying motion. If the motion to
call the question fails to garner the support of 2/3 of the present Commissioners, debate
will continue; once every member has had an opportunity to speak on the item for a
second time, the Mayor may ask if any member of the Commission would like to make a
motion to call the question, and the process described above will repeat itself.
5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS
Requests for postponements on agenda items from members of Commission requires
approval by a majority of Commission present.
6. RULES OF PARLIAMENTARY PROCEDURE
The rules of parliamentary practice as contained in Robert's Rules of Order, most recent
edition, shall govern the Commission in all cases to which they are applicable, provided
they are not in conflict with these Rules or with the Ordinances and Charter of the. City
of Muskegon.
7. RECONSIDERATION OF MOTIONS
When a question has been decided, it shall be in order for any Commission member who
voted on the prevailing side of the question to move the reconsideration at the same
meeting or at the next regularly scheduled meeting provided no action has been taken as
a result of the previous vote.
8. GENERAL CONSENSUS
General consent or consensus may be used to give direction and the minutes should
indicate that a majority consented.
E. CITIZEN PARTICIPATION:
1. GENERAL
Each Commission meeting agenda shall provide for reserve time for audience
participation, as requested
2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION - PUBLIC HEARINGS AND PARTICIPATION
Members of the public at the meeting shall not speak unless recognized by the chair.
Members of the public shall be limited to speaking for a maximum of three (3) minutes
during any public hearing or public comment. A person representing a group and
speaking on behalf of the group shall be allowed ten (10) minutes to address Commission;
they must first submit a written request form with the City Clerk prior to start of the
meeting at which they wish to speak.
3. PERSONS ADDRESSING THE COMMISSION
Prior to addressing Commission, members of the public shall step up to the
microphone/podium and state their name and address and, if appropriate, group
affiliation. The Commission may in its discretion limit public comments to new
information or matters not fully addressed at any previous meeting regarding the agenda
item at issue.
4. DEVIATION REQUESTS TO SPEAK ON AN AGENDA ITEM
Either in his/her discretion, or upon the request of a member of the Commission, the
Mayor may recognize a member of the audience who shall be permitted to address the
Commission at a time other than audience participation; however, all other rules as
provided herein shall apply. Prior to the start of the meeting, any member of the public
may submit a written request form to the City Clerk requesting to speak on an agenda
item. All written requests will be honored under the Item F – Public Comment on Agenda
Items. All comments shall be directed to the Mayor; Commissioners shall not engage in
dialogue, debate, or negotiation with commenters.
5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION.
a. Any person who wishes to speak on a subject not on the printed agenda
may speak at this time. All rules of conduct still apply.
b. Candidates or any person(s) working for a candidate shall not be allowed
to use public participation time for campaigning.
6. DISORDERLY CONDUCT AT MEETINGS.
Persons addressing the Commission shall make responsible comments and shall refrain
from making personal, impertinent, slanderous or profane remarks. The Chairperson may
call to order any person who is being disorderly by speaking when not recognized by the
chair or otherwise disrupting the proceeding by failing to be germane, by speaking longer
than the allotted time, or by speaking vulgarities. Such persons shall thereupon be seated
until the Chair shall have determined whether the person is in order. If a person so engaged
in presentation shall be called out of order, he or she shall not be permitted to speak at the
same meeting, except upon special leave by the Commission. If the person shall continue
to be disorderly and disrupt the meeting, the chair may order the Police Department to
remove the person from the meeting.
F. AGENDA:
1. PREPARATION
The City Manager and City Clerk shall prepare an agenda for each regular or special
meeting of the City Commission. The deadline for submitting items for Commission
agenda is 4:00 p.m. on the Tuesday preceding the Tuesday of the Commission meeting
to the City Clerk. Agenda items from Commission members should be submitted in
writing by this same time to the City Manager. Requested items will appear on a meeting
agenda within three meetings after request is made.
2. DISTRIBUTION
Agendas, ordinances and all related background material will be delivered to City
Commission members at their requested location, via email, the Thursday before the
scheduled regular meeting, or at least 12 hours before a scheduled special meeting.
3. AGENDA MATERIAL
Department Heads and all others shall submit written requests for inclusion on the
agenda to the City Clerk with necessary supporting data. Written presentations shall be
submitted by 4:00 p.m. on the Tuesday preceding the Tuesday Commission meeting for
circulation with agendas. Agenda requests could be delayed to a later meeting if related
information is not received by the City Clerk in a timely manner.
G. CONSENT AGENDA:
1. PURPOSE.
Consent agenda will be used to allow the City Commission to act one many items at one
time.
2. AGENDA ITEMS.
A consent agenda will be developed by the City Clerk and/or City Manager prior to the
regular meeting items. that could be included on this agenda include non-controversial
items such as approval of minutes, payment of bills, approval of recognition resolutions,
pay raises, etc. Any action items not requiring a formal public hearing may be included
in the Consent Agenda. Any member of the Commission may request that an item be
removed from the consent agenda and placed on the regular agenda for discussion.
H. RECORDING OF COMMISSION MEETINGS:
1. MEETINGS MAY BE RECORDED
All regular or special meetings of the City Commission may be recorded through the use
of audio/visual electronic devices. Such recordings will be under the control and
supervision of the City Clerk.
2. RETENTION OF RECORDS
Any recordings from Commission meetings may be retained by the City Clerk for a period
of two (2) years from the date of the meeting until the meeting minutes are approved.
I. MISCELLANEOUS:
1. AMENDMENTS TO RULES
The rules of the City Commission may be altered or amended by a majority vote of two-
thirds of the entire Commission.
2. SUSPENSION OF RULES
The rules of the City Commission may be suspended for good cause for a specified portion
of a meeting by a two-thirds majority of the entire Commission.
3. CONTROLLING AUTHORITY
These rules shall control, unless preempted by City Charter, State laws or the Court.
4. REVIEW OF CONSULTANTS
City Commission shall make an annual internal evaluation of consultants at the time of
review of the City budget to determine if the services being provided are satisfactory and
if judged to be inappropriate, will move to proceed with establishing a more formal
review process.
5. RESOLUTIONS OF RECOGNITION
Requests for resolutions will be made and acted on at the Community Relations
Committee Meeting. All Commissioners will sign resolutions voted on and approved. As
Mayor, the Mayor can sign any other resolutions.
J COMMITTEE ASSIGNMENTS
1. ASSIGNMENTS
The Mayor may assign Commission members to any committee as is deemed necessary,
with approval of the City Commission.
2. RESPONSIBILITIES
Commission member's responsibilities as committee members will be generally limited
to policy and not the administration of a department or appointed organization.
K. CITY MANAGER EVALUATION PROCESS
The City Manager will be evaluated by the members of the City Commission before July 1st each year.
Forms and materials will be sent out by the City Clerk and all completed forms will be returned to the
City Clerk for compiling. A report will be generated by the City Clerk with the results of the evaluations.
A meeting with the City Manager and City Commissioners will be scheduled to review the evaluations.
L. ITEMS REQUIRING CITY COMMISSION APPROVAL
The City Commission authorizes the City Clerk, City Manager, and Department Heads to exercise
discretion when determining which items require formal City Commission approval and must be
included on a City Commission Agenda. Regardless of such discretion, the following items must be
presented to the City Commission for formal action:
1. All items in which City Charter, State, or Federal rules/regulations require legislative body
approval.
2. The annual operating budget and amendments thereto.
3. All formal City Commission policies and procedures and amendments thereto.
4. All Ordinances and amendments thereto.
5. All purchases over $12,500 for which an appropriation has been not previously established as
part of the adopted or amended annual budget. Effective July 1, 2021, this amount shall increase
to $15,000.
6. All purchases over $30,000, even if an appropriation has been previously established as part of
the adopted or amended annual budget.
7. The purchase or sale of real property.
8. Borrowing of funds.
9. All formal agreements between the City and another party that extend beyond two years in
duration or result in expenses to the City in excess of $25,000 annually.
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