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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 24, 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:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Financial Policy Update City Treasurer
C. Equipment Replacement DPW/Equipment
D. Development and Reimbursement Agreement, Midtown/Nelson
Brownfield Economic Development
E. Thermal Imaging Cameras (TIC) Public Safety/Fire Department
F. Melching – Change Order #005 Public Works
G. Water Filtration Plant – CE Contract Public Works
H. Establish Policy and Application for Block Parties Planning
I. Rezoning of 1713 7th Street Planning
J. Community Relations Committee Recommendations Clerk
□ PUBLIC HEARINGS:
A. CAPER 2018 Community & Neighborhood Services
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
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A. Royal Glen Partnership City Manager
B. Construction Agreement – Clark City Manager
C. DDA On-Premise Liquor License for the LC Walker Arena Planning
D. Recreational Marihuana Regulatory Ordinance Planning
E. Amendment to the Medical Marihuana Facilities Overlay District to also
allow Recreational Marihuana facilities Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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.
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Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: September 19, 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 an update to our financial policy related to poverty exemptions for
qualified property tax payers. This update is simply bringing our city into
compliance with rules/regulations related to the poverty exemption program.
c. Approval to purchase a replacement backhoe in the equipment division.
d. Approval of the development and reimbursement agreement for the Midtown
Square 2 project. This is the part of the Brownfield Plan that will ensure the city
is made whole on its investment.
e. Approval of the purchase of new thermal imaging cameras for the fire
department.
f. Approval of a change order to the prison demolition contract to allow the city to
access crushed concrete and crushed asphalt on the site rather then have it hauled
away. The new materials would be used at various city projects; some may be
kept on site for redevelopment purposes.
g. Approval of a contract with Consumers Energy related to energy usage during
peak times at the water filtration plant. The agreement should result in significant
cost savings for the plant.
h. Approval of the new block party policy as presented at the work session earlier
this month.
i. Approval of the rezoning of 1713 7th Street to accommodate redevelopment of
the site. The Planning Commission unanimously recommended the change.
j. Approval of CRC recommendations to appoint residents to various boards and
commissions.
2. Public Hearings
a. We are seeking input on the 2018 CAPER. This is an annual document prepared
by CNS related to the department’s activities that are HUD funded.
3. New Business
a. Staff is seeking permission to pursue a PILOT amendment for Royale Glen
Apartments. The complex is located adjacent to Campbell Field. As part of the
amendment, we would provide for a 5-year extension and a reduction from 5%
PILOT to a 1% city service fee and a 1% PILOT (2% total). The changes will create
new capital for the owners to allow for the investment of approximately $600,000
in facility upgrades and an additional $156,000 in contributions to improvements
to Campbell Field. Staff has some ideas for Campbell Field that would include
removal of the underutilized ball fields and the replacement of the playground.
We also would recommend installing a significant number of trees to create a
forested-look for the park. The park would function as a gathering space for
neighborhood and family events. The one remaining field could be converted to
accommodate softball, as well. Staff believes that the current softball team that
uses the field can be accommodated at other fields in the city. We will spend time
this fall/winter seeking neighborhood input as well as gathering costs.
b. We are seeking permission to award the construction contract for the convention
center to Clark Construction. The construction budget came in at the planned
$17.2 Million. The total project cost would be approximately $19.4 Million. Jeff
Salowitz from Construction Simplified will be in attendance to answer any
questions.
c. We are seeking approval of a DDA liquor license for the LC walker Arena. It was
recently brought to our attention from the LCC that the city should have this form
of license rather than an event center license. The new license will provide more
flexibility to have daily activities in the arena, including bars/restaurants and
convention center related activities.
d. Approval of the recreational marihuana regulatory ordinance. This ordinance is
necessary if the city does not opt out of recreational use. Staff is recommending
that we not opt out. Further, as you will see below, we are recommending that
the current medical district by adjusted to allow for recreational businesses in the
same geographical footprint.
e. Approval of an amendment to the Medical Marihuana Facilities Overlay District to
allow for recreational facilities as well. This was approved at the Planning
Commission level with one dissenting vote.
Let me know if you have any questions/comments/concerns
Frank
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the September 9, 2019 Worksession meeting and the
September 10, 2019 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, September 9, 2019
5:30 p.m.
City Commission Chambers
MINUTES
Present: Mayor Gawron, Commissioners Warren, Turnquist, Hood, Johnson, German, and
Rinsema-Sybenga.
Absent: None.
PILOT - Samaritas - Planning Department
Samitas is proposing an affordable housing development at 4 W. Webster Avenue and is
requesting a Payment in Lieu of Taxes for the project. The development will include 53
residential for seniors and a 900 square foot commercial space on their first floor. A service
charge of 4% will be imposed, as well as a municipal services fee of 2%.
Income targeting is based on 10 units at 30% AMI (Area Median Income); 9 units at 40% AMI; 1
unit at 50% AMI, 17 units at 60% AMI; and 16 units at 80% AMI. The project will have eight
project-based vouchers for residents age 55 and over.
James Gilbert of Samaritas attended the Work Session meeting and presented a power point
presentation.
The City Commission will consider this request at their September 10, 2019 Commission
Meeting.
AmeriBank RFP Recommendation - Economic Development
Staff has reviewed proposals from developers for 880 First and have selected a preferred
developer in 880 First Street, LLC, a partnership of Ferguson Development and Brianna Scott.
Brianna Scott and Joel Ferguson along with the project manager and other team members were
present to answer questions of the Commission.
The City Commission will consider this request at their September 10, 2019 Commission
Meeting.
Establish Policy, Application, and Fees for Block Parties - Planning
Staff is seeking to establish a policy, application, and fees to allow for block parties, closing city
streets, to encourage neighborhood cohesion while placing reasonable restrictions to ensure
safety and minimize risk for complaints.
Staff recommends establishing a block party policy, block party application, and associated
fees. A $50 application fee is being recommended. A $100 cleaning fee will be charged to the
applicant if city property is not returned to its original condition and/or trash is left on city
property.
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City Commissioners asked question of LeighAnn Mikesell of Planning. Commissioner Warren
would like to see the proposed ordinance to be modified to include October 31st. Several other
changes were suggested. Several Commissioners suggested that staff move slowly with the
proposed policy.
Amendment to Vacant Building Ordinance, Modify Fees - Planning
Amend Section 10-107 of the City Code of Ordinances to require seasonal homes to be
registered with the Public Safety Division, allow additional circumstances for waiving vacant
building fees, and eliminate additional fees being applied when registration fees are not paid.
Staff is also seeking approval of modification to Vacant Building Registration Fees for buildings
zoned for Residential use and for buildings zoned for Commercial or Industrial Use.
The request is to amend Section 10-107 of the City Code of Ordinances to modify which
buildings must be registered and the process and circumstances for waiving fees. The
amendment would require seasonal homes to be registered with the Public Safety Division,
allow additional circumstances for waiving vacant building fees, and eliminate additional fees
being applied when registration fees are not paid. Staff is also seeking approval of modification
to Vacant Building Registration Fees for building zone for Residential use and for buildings
zoned for Commercial or Industrial Use. No fees will be charged until the building has been
vacant for one year. The fee for residential use is $100 per year and Commercial or Industrial
Use for $500 per year.
The City Commission will consider this request at their September 10, 2019 City Commission
Meeting.
Beach Street 2020 Construction - DPW
DPW Director Leo Evans presented an overview of the work planned for Beach Street during
the 2020 construction season with emphasis on the proposed operational changes and timing.
Ordinance Amendment to Prohibit Smoking at All Parks & Downtown Business District -
DPW
A first draft of a potential ordinance revision to ban smoking at all public parks, beaches, trails,
and potentially on streets in the core downtown area was presented. Restrictions include bike
paths, trails and pathways, or any area used for a community event within the City boundaries.
The proposed ordinance includes banning smoking in the core downtown areas bounded by
Shoreline Drive heading easterly from Seventh Street to Spring Street, heading southerly on
Spring Street from Shoreline Drive to Apple Avenue, heading westerly on Apple Avenue from
Spring Street to Muskegon Avenue, heading westerly on Muskegon Avenue from Apple Avenue
to Ninth Street, and heading northerly on Ninth Street to Western Avenue, heading westerly on
Western Avenue from Ninth Street, heading northerly on Seventh Street from Western Avenue
to Shoreline Drive; and on Third Street from Merrill Avenue to Muskegon Avenue.
The majority of the Commission indicated they were against banning smoking downtown. The
ordinance will be changed based on the conversations and presented at a later date.
Signal Warrant Analysis - DPW
Staff is reporting they would like to remove three traffic signals under the City’s jurisdiction. They
are located at Sherman & Wickham, Webster & Pine, and Wood & Irwin.
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This item will be placed on the September 10, 2019 City Commission Meeting for consideration
by the City Commission.
Update on Convention Center
Frank Peterson gave an update on the funding for the Convention Center. Many contracts for
work have been issued.
Adjourned at 8:30 pm.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 10, 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, September 10, 2019,
Deacon William Cook, St. Mary’s of the Immaculate Conception, 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, Debra Warren, Dan Rinsema-Sybenga, and Willie
German, Jr., City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
HONORS AND AWARDS:
A. Certificate of Recognition for John and Angie King
Commissioner Willie German, Jr. presented John and Angie King with a
Certificate of Recognition, on behalf of the City Commission, in recognition of
the years of commitment to the youth in the community relative to the Port City
Football Program.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2019-71 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 27, 2019 Regular
Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. MUPD Radar Message Trailer Public Safety/MUPD
SUMMARY OF REQUEST: Seeking City Commission authorization for the purchase
of a Speed Alert Radar Message Trailer to provide drivers with speed feedback,
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messages specific to vehicle speeds, or dedicated messages. This is a versatile
tool for both traffic calming and messaging.
STAFF RECOMMENDATION: To approve the purchase of a Speed Alert Radar
Message Trailer from All Traffic Solutions for $15,985.00.
C. Increase in General Fund Transfer to LC Walker Arena Fund and Farmers
Market/Kitchen 242 Fund Finance
SUMMARY OF REQUEST: The LC Walker Fund and the Farmers Market/Kitchen
242 Fund required a larger transfer from the General Fund then what was
budgeted to prevent a deficit. Increases are needed of $50,000 and $15,000 for
LC Walker Arena Fund and Farmers Market/Kitchen 242 Fund respectively.
Based on the financial results for the fiscal year ended June 30, 2019, the LC
Walker Arena and Farmers Market/Kitchen 242 Fund required a larger transfer
from the General Fund then what was budgeted for in the 3rd quarter reforecast,
to prevent a fund deficit. The LC Walker Fund needs to be increased from
$425,000 to $475,000 and the Farmers Market/Kitchen 242 Fund needs to be
increased from $20,000 to $35,000.
STAFF RECOMMENDATION: To approve the increase to the General Fund
transfers for the LC Walker Arena to $475,000 and Farmers Market/Kitchen 242
fund to $35,000.
D. Updates to MERS Defined Contribution Plan Adoption Agreements
Finance
SUMMARY OF REQUEST: MERS of Michigan has requested we update our
Defined Contribution Plan Adoption Agreements to ensure MERS has the correct
information regarding what is included and excluded for MERS wage
calculations.
After an audit conducted by MERS of our payroll system it was discovered that
MERS needed many updates to our Plan Adoption Agreements for our Defined
Contribution groups.
STAFF RECOMMENDATION: To approve the updates to the MERS Defined
Contribution Plan Adoption Agreements.
E. Update to MERS Defined Benefit Plan Adoption Agreement – Command
Finance
SUMMARY OF REQUEST: Per the 2019-2022 Police Command contract, overtime
pay is included in calculating MERS wages beginning January 1, 2019, this
change requires an update to our MERS Plan Agreement.
After an audit was conducted by MERS of our payrolls system it was discovered
that we need to update many of our Plan Agreements for changes made per
union agreements, or for policy/procedures not communicated to MERS in the
past. The current Police Command contract calls for overtime wages to be
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included in the MERS wage calculation beginning January 1, 2019. This change
requires an update to the Plan Adoption Agreement.
STAFF RECOMMENDATION: To approve the update to the MERS Plan
Adoption Agreement for Police Command to include overtime pay in MERS
wage calculation.
F. MDNR Urban Forestry Grant DPW
SUMMARY OF REQUEST: Staff is seeking approval to apply for an Urban Forestry
Grant from the Michigan Department of Natural Resources. If awarded, the
grant would be used to complete an inventory of the existing street and park
trees within the City of Muskegon, to prepare an urban tree canopy analysis,
and to develop a long-range plan for the management and development of
the urban forest within the City of Muskegon.
STAFF RECOMMENDATION: Authorize staff to apply for an MDNR Urban
Forestry Grant and commit to providing matching funds for the grant
application of up to $20,000.
G. Prein & Newhof Lakeshore Drive Amendment #1 DPW
SUMMARY OF REQUEST: A number of items were added to the Lakeshore Drive
Project that were not included in the original scope of work, including
replacement of two water mains and additions to streetscaping, causing an
increase in engineering services.
During design of the project at the request of the City a number of items were
added to the project that were not included in the original scope of work. The
largest of these items was the addition of replacement of the two existing 100+
year old water mains. A number of other additions to the streetscape work were
added relative to the project. The 18-19 budget included $200,000 in the water
fund budget to cover these additional costs. The unused portion of the 18-19
budget will be carried forward to the 19-20 budget in a future reforecast. The
major street fund budget between 18-19 and 19-20 fiscal years budgeted to
cover the other increases relative to the changes in the streetscape. The overall
Engineering Services charge for this $6.1 Million project stands at 11% with
inclusion of this amendment which is a lower overall rate than other comparable
projects.
STAFF RECOMMENDATION: Authorize staff to sign Amendment #1 to the
Professional Services Agreement with Prien & Newhof for the Lakeshore Drive
project in the amount of $279,000.
H. Pavement Warranty Resolutions DPW
SUMMARY OF REQUEST: Resolutions to adopt and implement pavement
warranty guidelines are a requirement of MCL 247.663. The proposed resolutions
are as recommended for adoption by MDOT and the Michigan Municipal
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League. Adoption of the guidelines is required prior to September 18, 2019.
STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the
resolutions to adopt and implement the pavement warranty guidelines as
required by law.
I. Amendment to Vacant Building Ordinance and Vacant Building
Registration Fees Planning Department
SUMMARY OF REQUEST: Amend Section 10-107 of the City Code of Ordinances
to require seasonal homes to be registered with the Public Safety Division, allow
additional circumstances for waiving vacant building fees, and eliminate
additional fees being applied when registration fees are not paid. Staff is also
seeking approval of modification to Vacant Building Registration Fees for
buildings zoned for Residential Use and for buildings zoned for Commercial or
Industrial Use.
To amend Section 10-107 of the City Code of Ordinances to modify which
buildings must be registered and the process and circumstances for waiving
fees. The amendment would require seasonal homes to be registered with the
Public Safety Division, allow additional circumstances for waiving vacant
building fees, and eliminate additional fees being applied when registration fees
are not paid. Staff is also seeking approval of modification to Vacant Building
Registration Fees for building zoned for Residential use and for buildings zoned
for Commercial or Industrial Use. No Fees will be charged until the building has
been vacant for one year.
Vacant Building Zoned for Residential Use - $100 per year
Vacant Building Zoned for Commercial or Industrial Use - $500 per year
STAFF RECOMMENDATION: To approve the amendments to Section 10-107 of
the City Code of Ordinances and to approve the modification of Vacant
Building Registration Fees.
Motion by Commissioner Johnson, second by Commissioner German, to accept
the consent agenda, as presented, minus items J and K.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German
Nays: None
MOTION PASSES
2019-72 ITEMS REMOVED FROM CONSENT AGENDA:
J. LC Walker Arena Restroom Renovations City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the proposal to
undertake significant upgrades to the arena restrooms. The upgrades will
include relocating the Western Avenue restrooms to the alley side of the
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concourse.
As part of our effort to better utilize the LC Walker Arena’s Western Avenue
frontage, we are relocating the restrooms to the alley side of the building. The
DDA completed a $1 Million transfer to the Public Improvement Fund in FY 18-19;
$250,000 was allocated to the restroom relocation. All costs above $250,000 will
be absorbed by the Public Improvement Fund.
Staff received two bids for this project; which included construction of the new
restaurant along Western Avenue. Platinum Contracting submitted the lowest
bid. Platinum’s bid of $407,767.66 was 46% less then J.J. Veneklasen’s bid of
$763,250.00
Platinum’s original bid allocated $233,214.07 to the restroom portion of the
project. After a number of changes to the construction scheduling and
finishes/products, we settled on a project cost of $246,925.92. Staff is requesting
15% contingency and soft cost budget (unforeseen changes, architect, etc.)
STAFF RECOMMENDATION: Accept the bid from Platinum Construction in the
amount of $246,925.92 and further authorize a contingency and soft-costs
budget for the project equal to 15% of construction costs, with a total project
not to exceed amount of $284,000.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to accept the bid from Platinum Construction in the amount of $326,925.92 and
further authorize a contingency and soft-costs budget for the project equal to
15% of construction costs, with a total project not to exceed amount of $284,000.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
K. AmeriBank RFP Recommendation Economic Development
SUMMARY OF REQUEST: Staff has reviewed proposals from developers for 880
First Street and have selected a preferred developer in 880 First Street LLC, a
partnership of Ferguson Development and Brianna Scott.
STAFF RECOMMENDATION: To endorse the development proposal submitted
by 880 First Street, LLC and allow staff to negotiate and execute a development
agreement.
Motion by Commissioner German, second by Commissioner Johnson, to
endorse the development proposal submitted by 880 First Street, LLC and allow
staff to negotiate and execute a development agreement.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga.
and Turnquist
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Nays: None
MOTION PASSES
2019-73 NEW BUSINESS:
A. PILOT – Samaritas Planning Department
SUMMARY OF REQUEST: Samaritas is proposing an affordable housing
development at 4 W Webster Avenue and is requesting a Payment in Lieu of
Taxes (PILOT) for the project. The development will include 53 residential for
seniors and a 900 square foot commercial space on the first floor. A service
charge of 4% will be imposed, as well as a municipal services fee of 2%.
There will be 53 one-bedroom units. Income targeting is based on 10 units at 30%
AMI (Area Median Income); 9 units at 40% AMI; 1 unit at 50% AMI, 17 units at 60%
AMI; and 16 units at 80% AMI. The project will have eight project-based vouchers
for residents age 55 and over.
STAFF RECOMMENDATION: To approve the Contract for Housing Exemption
and the Municipal Services Agreement with Samaritas and to authorize the
Mayor and Clerk to sign both.
Motion by Commissioner Warren, second by Commissioner German, to approve
the Contract for Housing Exemption and the Municipal Services Agreement with
Samaritas and to authorize the Mayor and Clerk to sign both.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Updates were provided to the City Commission on some
items.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
2019-74 CLOSED SESSION:
A. Attorney/Client Privileged Communication
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to go
into Closed Session for the purpose of discussing Attorney/Client privileged
communication.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
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Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
return to open session.
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 8:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/2019 Title: Financial Policy Update
Submitted By: Sarah Petersen Department: Treasurer
Brief Summary: To update the Poverty Exemption Income Guidelines used to determine poverty
tax exemptions.
Detailed Summary: In recent years, the State of Michigan has undertaken significant Property
Assessing Reform in an effort to ensure high quality assessments for taxpayers and local units.
One of the many reforms is a mandatory AMAR (Audit of Minimum Assessing Requirements) to be
conducted every five years in each local unit. The local units in the County of Muskegon are
scheduled to receive their AMAR in 2020.
As part of our efforts to ensure we are complying with all State requirements for the AMAR, we
reviewed our Poverty Exemption Policy with our assessor of record, Donna VanderVries, and
determined changes to the policy were necessary. On page 25 of the attached Financial Policies,
in the Poverty Exemption Income Guidelines, the requirements of items 7) and 8) do not comply
with state regulation and must be removed from the policy. Also, for item 2), we cannot require the
taxpayer to provide the property tax credit returns. The State Tax Tribunal has ruled that we
cannot go above what the state statute dictates, and each of these requirements are considered to
be beyond the limits of the statute.
On the advice of Muskegon County Equalization Director Donna VanderVries, we are requesting
that you update item 2) and eliminate items 7) and 8) from the current Poverty Exemption Income
Guidelines in the City’s Financial Policies.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the updated Poverty Exemption Income Guidelines in the City
of Muskegon’s Financial Policies as presented in the attached Financial Policies document.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON FINANCIAL POLICIES
INTRODUCTION 2
I. OPERATING BUDGET POLICY 2
II. CAPITAL IMPROVEMENTS POLICY 3
III. REVENUE POLICY 3
IV. FUND BALANCE POLICY INCLUDING GASB STATEMENT 54 POLICIES 3
V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY 4
VI. DEBT POLICY 5
VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY 6
VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS 6
IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS 7
X. POLICY FOR ADJUSTING DELINQUENT REAL & PERSONAL PROPERTY TAXES 7
XI. INVESTMENT POLICY 8
XII. PETTY CASH USES AND LIMITS 10
XIII. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE 10
XIV. PROCUREMENT CARD PROGRAM POLICY 11
XV. ELECTRONIC PAYMENTS 13
XVI. ACCEPTANCE OF CREDIT CARD PAYMENTS 13
XVII. TRAVEL POLICY AND GUIDELINES 13
XVIII. CELL PHONE POLICY 16
XIX. CASH HANDLING POLICY FOR DEPARTMENTS ACCEPTING PAYMENTS FROM CITIZENS 16
XX. ACCOUNTS PAYABLE 17
XXI. ACCOUNTS RECEIVABLE AND BANKRUPTCY 17
XXII. PAYROLL 19
XXIII. SOCIAL SECURITY NUMBER PRIVACY POLICY 19
XXIV. WATER AND SEWER POLICIES 22
XXV. POVERTY EXEMPTION INCOME GUIDELINES 25
XXVI. INCOME TAX POLICIES 26
INTRODUCTION
The financial policies presented here set forth the basic policy framework for the financial
management of the City of Muskegon. Many of the policies represent long-standing principles,
practices, or traditions that have guided the City in the past. They have been brought together in
one place to ensure their consistency and to provide Commission and staff a comprehensive
reference document for current and future decision-making. While these policies are intended to
provide continuity within a constantly changing environment, it is also intended that they be
reviewed regularly and amended as needed.
I. OPERATING BUDGET POLICY
The City shall adhere to the requirements of the State of Michigan “Uniform Budget Act” (P.A. 621
of 1978, as amended).
The budget shall be balanced by Fund. Budgeted expenditures of each fund will be less than or
equal to the sum of projected fund balance at the beginning of the fiscal year and all revenues
which reasonably can be expected to be received during the fiscal year. It will be the annual goal
of the City to match current operating expenditures with current operating revenues for each fund.
Where this is not possible due to economic downturn or other factors, the “operating deficit” (i.e.
operating revenues less operating expenditures) will be clearly highlighted.
Budgets will be adopted on a basis of accounting consistent with generally accepted accounting
principles. Revenues are budgeted when they become measurable and available and
expenditures are charged against the budget when they become measurable, a liability has been
incurred, and the liability will be liquidated with current resources.
The budget shall be adopted through a “Resolution of Appropriation.” Appropriations will be made
at the departmental or project level for the General Fund Budget and at the fund level for all other
budgets. The level of formal appropriation will constitute the “appropriation center” for each fund
as defined in the state Uniform Budget Act. Transfers of budgeted funds between appropriation
centers will require the formal approval of the City Commission.
The City Manager and City Department Heads are authorized to transfer line-item budget
amounts within appropriation centers. Budget transfers between appropriation centers or
changes to appropriation center totals require formal amendment by the City Commission, which
may be done at any time during the budget year.
Budgets will be carefully monitored throughout the year. Each quarter the budget together with
the policies and priorities on which it is based will be thoroughly reviewed by the City Manager to
determine whether changes are necessary. An amended budget reforecast will be presented to
the City Commission based on this review.
Department Heads are authorized to reallocate budgeted positions between activities under their
jurisdiction; however, new positions may only be created with approval of the City Manager and
within the budgetary authority approved by the City Commission.
All operating funds of the City are subject to the annual budget process and will be reflected in the
annual budget document with the exception of certain “pass-through” funds (such as the current
tax fund), trust and agency funds, funds having a separate fiscal year (e.g. CDBG), and non-
recurring project and grant funds for which a budget shall be adopted at the time the project is
approved.
The enterprise fund and internal service fund operations of the City are intended to be fully self-
supporting, i.e. current revenues will cover current expenditures, debt service, and capital costs.
The City’s budget will portray both direct and indirect costs of programs whenever practical.
As permitted by state law (P.A. 30 of 1978), the City will fund and maintain a separate Budget
Stabilization Fund for the purpose of ensuring that adequate funding is available to maintain levels
of municipal services in the event of a major revenue loss.
CONTINGENCY ACCOUNT
A “contingency” line-item will be included in the General Fund Budget for unforeseen operating
expenditures. The amount of the contingency account will not exceed five percent (5%) of total
budgeted expenditures. If in a given year it is determined that other budgeted operating funds
require a contingency line-item, the same policy will be followed for these funds.
II. CAPITAL IMPROVEMENTS POLICY
A capital improvement program (CIP) will be developed for a period of five years. The CIP will
outline and prioritize all proposed capital projects, including land acquisitions, land improvements,
construction projects and equipment purchases having estimated costs over $50,000 and useful
lives of four or more years. As resources are available, the most current year of the CIP will be
incorporated into the current year of the City’s operating budget. The CIP will be reviewed and
updated annually prior to the beginning of the operating budget cycle.
III. REVENUE POLICY
The City will strive to maintain a diversified and stable revenue system to shelter it from short-run
fluctuations in any one revenue source. The revenue mix should combine elastic and inelastic
revenue sources to minimize the effect of an economic downturn.
The City will estimate its annual revenues using the best information available.
The City will establish all user charges at a level related to the cost of providing the services and
will annually revise user fees (with review by the City Commission) to adjust for the effects of
inflation, program changes or other factors.
The City will set fees and user charges for each enterprise fund, such as the Water Fund and
Sewer Fund, at a level that fully supports the total direct and indirect costs of the activity. Costs
shall include the cost of annual depreciation of capital assets.
The City will set fees for other user activities, such as recreation services, at a level to support the
direct and appropriate indirect costs of the activity.
The City will aggressively pursue collections of delinquent accounts receivable utilizing
appropriate legal means (including outside collection agents) to enforce payment of amounts
owed.
IV. FUND BALANCE POLICY INCLUDING GASB STATEMENT 54 POLICIES
Fund balance is an important indicator of the City’s financial position. Maintaining reserves is
considered a prudent management practice. Adequate fund balances are maintained to allow the
City to continue providing services to the community in case of unexpected emergencies or
requirements and/or economic downturns.
GENERAL FUND
It will be the City’s policy to maintain an unassigned General Fund fund balance equal to at least
thirteen percent (13%) of total actual General Fund Revenues for the preceding year. This level
of fund balance is consistent with the municipal fiscal stress indicator system used by the
Michigan Department of Treasury to monitor the financial health of local units.
FUND BALANCE REPORTING IN GOVERNMENTAL FUNDS
Fund balance will be reported in governmental funds under the following categories using the
definitions provided by GASB Statement No. 54:
Nonspendable fund balance – includes amounts that cannot be spent because they are either
(a) not in spendable form or (b) legally or contractually required to be maintained in-tact.
Nonspendable amounts will be determined before all other classifications and consist of the
following items (as applicable in any given fiscal year):
The City will maintain a fund balance equal to the balance of any long-term outstanding
balances due from others (including other funds of the government)
The City will maintain a fund balance equal to the value of inventory balances and prepaid
items
The City will maintain a fund balance equal to the corpus (principal) of any permanent funds
that are legally or contractually required to be maintained in-tact
The City will maintain a fund balance equal to the balance of any land or other nonfinancial
assets held for sale
Restricted fund balance – includes amounts that can be spent only for the specific purposes
stipulated by the constitution, external resource providers, or through enabling legislation.
Committed fund balance – includes amounts that can be used only for the specific purposes
determined by a formal action of the government’s highest level of decision-making authority.
Commitments will only be used for specific purposes pursuant to a formal action of the City
Commission.
Assigned fund balance – includes amounts intended to be used by the government for specific
purposes but do not meet the criteria to be classified as restricted or committed. In governmental
funds other than the general fund, assigned fund balance represents the remaining amount that is
not restricted or committed.
The City Commission delegates to the City Manager the authority to assign amounts to be used
for specific purposes. Such assignments cannot exceed the available (spendable, unrestricted,
uncommitted) fund balance in any particular fund.
Unassigned fund balance – includes the residual classification for the government’s general
fund and includes all spendable amounts not contained in the other classifications. In other funds,
the unassigned classification should be used only to report a deficit balance from overspending for
specific purposes for which amounts had been restricted, committed, or assigned.
BUDGET STABILIZATION FUND
The City will continue to maintain on its books a budget stabilization fund (as originally created
under PA 30 of 1978). However, for year-end reporting purposes (in accordance with
requirements of GASB 54), the City’s budget stabilization fund will be reported as an assigned
fund balance of the general fund for the purpose of public improvements.
.
V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY
The City will establish and maintain those funds required by law and sound financial
administration. Only the minimum number of funds consistent with legal and operating
requirements will be established, however, because unnecessary funds result in inflexibility,
undue complexity, and inefficient financial administration.
An independent full scope audit of all City funds will be performed on an annual basis. Selection
of the independent auditor will be made by the City Commission.
The City will prepare a Comprehensive Annual Financial Report (CAFR) in accordance with
Generally Accepted Accounted Principles (GAAP) as outlined by the Governmental Accounting
Standards Board (GASB). It will be the City’s goal to complete the annual audit and prepare the
CAFR within 120 days of the end of the fiscal year.
The City shall submit annually its CAFR to the Certificate of Achievement for Excellence in
Financial Reporting Program sponsored by the Government Finance Officers Association.
Recommendations made by GFOA reviewers shall be incorporated into the City’s CAFR for the
subsequent year.
VI. DEBT POLICY
EXTERNAL DEBT
The City of Muskegon will not use long-term debt to finance current operations.
The City of Muskegon will follow a policy of full disclosure and report all material facts about its
financial condition in a timely manner.
The retirement of bonds issued by the City (or its component units and authorities) will be equal to
or less than the useful life of the project being funded.
Whenever possible the City of Muskegon (including its authorities) will limit its issuance of debt to
a maximum of $10 million per calendar year to maintain the yield advantages associated with
bank qualified obligations.
The City will structure bond issues to maintain level or decreasing debt service schedules and
maintain debt service payments as a predictable and manageable part of the operating budget.
“Pay-As-You-Go” financing will be used when practical. However, when the City utilizes long-term
debt financing it will ensure that the debt is financed soundly by:
• Conservatively projecting revenue sources that will be utilized to repay the debt.
• Financing the improvement over a period not greater than the useful life of the
improvement, and
• Determining that the benefits to be derived outweigh the total costs (including interest
costs) of the project.
Capital lease, certificates of participation, and lease-purchase financing will be treated as debt
financing and be subject to the same policies.
The City will award sale of its bonds to the responsible bidder whose bid produces the lowest “true
interest cost” (TIC) to the City over the life of the bond issue.
The City (and its Authorities) will normally issue debt through a competitive process in which
formal bids will be solicited from as many interested parties as possible. Under some
circumstances, it is in the City’s best interest to issue debt through a negotiated sale process
instead of using a competitive process. The negotiated sale process will only be used when: 1)
the nature of the debt issue is unique and requires particular skills from the investment banks
involved, 2) the interest rate environment or other economic factors that may affect the issue are
particularly volatile and the negotiated sale process can provide needed stability or, 3) the debt
issue is bound by a closing deadline. In all cases where the negotiated process is utilized, the
underwriter/manager will be selected by a competitive review of their fees, qualifications, and
recent performance.
INTERFUND LOANS
In some situations it may be cost effective to loan money from one City fund to another in lieu of
borrowing from external sources. Such interfund loans may only be made with formal approval of
the City Commission including establishment of a fixed repayment schedule. Interest on interfund
loans will be charged at the rate then available on U.S. Treasury notes having a comparable
maturity.
VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY
CAPITALIZATION THRESHOLDS
Fixed assets are assets of a long-term character (i.e. a minimum useful life of two years) which
are intended to continue to be held and used, such as land, buildings, improvements other than
buildings, machinery, vehicles and equipment. This policy is intended to establish guidelines for
accounting for, capitalizing and depreciating fixed assets held by the various City funds.
Category Capitalization Threshold (Unit Cost)
Land $ N/A
Land Improvement 10,000
Buildings 10,000
Equipment 10,000
Vehicles 10,000
Office Equipment and Furniture 10,000
Only those items having unit costs in excess of the threshold limits specified above will be
considered fixed assets for purposes of City accounting records. Fixed assets in the City’s
proprietary type funds (i.e. Enterprise, Internal Service) shall be capitalized in the year of purchase
and depreciated over their estimated useful lives. Fixed assets of all other funds shall be
maintained by the City and depreciated over their estimated useful lives and shown on the City’s
full accrual Government Wide Statement. These include certain public domain general fixed
assets consisting of improvements such as roads, bridges, curbs and gutters, streets and
sidewalks, drainage systems, and lighting systems.
General fixed assets are valued at historical cost or estimated historical cost if actual cost is not
available. Donated assets are valued at their estimated fair value on the date donated. Property
and equipment of the enterprise funds and internal service funds are carried at cost.
DEPRECIATION AND ESTIMATED USEFUL LIFE
Depreciation of Fixed Assets in the City’s Proprietary Funds shall be accomplished using the
simple straight life method. The estimated useful life of assets will be based on IRS policies, past
experience, or other reliable sources. Useful lives typically will not exceed fifty (50) years.
VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS
Under the Michigan Municipal Risk Management Authority (MMRMA) program the City is self-
insured for the first $150,000 of any single liability claim. A portion of the City’s annual “premium”
paid to MMRMA is set aside in a reserve account to cover this retained risk and no disbursement
can be made from this reserve without prior authorization from the City.
When a claim is made against the City, all pertinent information is turned over to MMRMA. The
“claims adjusting” section of MMRMA then investigates the claim thoroughly and recommends a
course of action to the City (e.g. deny claim, settle for no more than X dollars, etc.).
The following policy will govern the handling of such liability claims:
• The City Manager or the Finance Director is authorized to approve settlements up to
$15,000 provided that the settlement is consistent with the recommendation of the
MMRMA.
• Settlements for amounts less than $15,000 which are not consistent with the
recommendation of MMRMA may only be authorized with concurrence of the City
Attorney and timely notification of the City Commission.
• Proposed claim settlements in excess of $15,000 must be reviewed and approved by the
City Commission.
IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS
During the normal course of conducting its business, the City invoices outside parties for a variety
of reasons ranging from taxes, fines, or penalties to the sale of City services or goods. Most
billings are paid promptly and the majority of those that are not are ultimately collected through
discontinuance of service, use of third-party collection services, or other means. However, it is
periodically necessary to adjust the City’s receivable records by “writing-off” accounts deemed to
be uncollectible or by making an adjustment to reflect the negotiated settlement of a disputed
account.
The City’s policy for adjusting accounts receivable shall be:
The City shall maintain in its general ledger records delinquent accounts receivables for the
five most recent years. A reserve for estimated uncollectible accounts receivable shall be
maintained in the general ledger. The reserve will be equal to one-half of the fund’s
delinquent accounts receivable outstanding as of each June 30th. At the close of each fiscal
year, the City will write-off any balances remaining uncollected that are more than five years
old. Accounts that are written-off may be turned over to a private collection agency for
additional collection efforts.
For receivables under five years old preliminary authorization for adjustments or write-offs of
individual accounts receivable for amounts not in excess of $15,000.00 may be given by the
City Manager or other responsible official designated by the City Manager (e.g. the City
Treasurer in the case of water bills).
The adjustment or write-off of individual accounts receivable for amounts in excess of
$15,000.00 shall be approved by the City Commission on an individual basis.
Adjustments to accounts receivable which are determined by the City Treasurer to be necessary
due to administrative error may be made without going through the procedure outlined above.
X. POLICY FOR ADJUSTING DELINQUENT REAL & PERSONAL
PROPERTY TAXES
The City’s policy for adjusting delinquent personal property taxes shall be as follows:
• A reserve for estimated uncollectible personal property taxes shall be maintained in each
fund having delinquent personal property tax receivables. The reserve will be equal to
one-half of the fund’s delinquent personal property taxes outstanding as of each June
30th.
• The City shall only maintain in its general ledger records delinquent personal property tax
receivables for the two most recent years in an attempt to comply with the GASB 60 day
rule. At the close of each fiscal year, the City will write-off any balances remaining
uncollected that are more than two years old. Balances written off may be turned over to
a private collection agency for additional collection efforts.
Real property taxes that become delinquent are turned over to the County treasurer for collection.
The City is generally made whole at the outset of the collection process and only “charged back”
for those taxes that remain delinquent after 2-3 years of unsuccessful collection effort. If in the
City’s judgment a delinquent account will ultimately be uncollectible through this process the City
will escrow the funds received from the County to cover an eventually charge back.
XI. INVESTMENT POLICY
The Director of Finance serves as the City’s Investment Officer as defined in Michigan Compiled
Laws (MCL) Chapter 129.91.
This Investment Policy replaces any previously dated investment policies, guidelines or lists of
authorized investments.
SCOPE
This Policy shall apply to the investment management of all financial assets under control of the
City.
To the extent practical, all excess cash, except for cash in certain restricted and special accounts,
shall be pooled for investment purposes. The investment income derived from the pooled
investment account shall be allocated to the contributing funds based upon the proportion of the
respective average balances relative to the total pooled balance. Interest earnings shall be
distributed to individual funds on a monthly basis.
OBJECTIVES
The City's principal investment objectives are (in order of importance):
• SAFETY: Preservation of capital and protection of investment principal.
• LIQUIDITY: Maintenance of sufficient liquidity to meet anticipated cash flows.
• YIELD: Attainment of a market value rate of return.
PRUDENCE
The standard of prudence to be used for managing the City's assets shall be the “prudent investor
rule” which in general states that investments shall be made with the judgment and care that
under the circumstances then prevailing, persons of prudence, discretion and intelligence would
exercise in the management of their own affairs, not in regard to speculation but in regard to the
permanent disposition of their funds, considering the probable income as well as the probable
safety of their capital.
The City recognizes that no investment is totally risk less and that the investment activities of the
City are a matter of public record. Accordingly, the City recognizes that occasional measured
losses are inevitable in a diversified portfolio and shall be considered within the context of the
overall portfolio's return, provided that adequate diversification has been implemented and that the
sale of a security is in the best long-term interest of the City.
The Director of Finance and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the City Commission and appropriate action is
taken to control adverse developments.
DELEGATION OF AUTHORITY
The Director of Finance may delegate the authority to conduct investment transactions and to
manage the operation of the investment portfolio to the Assistant Finance Director and/or the City
Treasurer. No person may engage in an investment transaction except as expressly provided
under the terms of this Investment Policy.
The City may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the City's financial resources.
AUTHORIZED SECURITIES AND TRANSACTIONS
All investments of the City shall be made in accordance with MCL Chapter 129.91 - 129.96 (Act
20 of 1943). Any revisions or extensions of these sections of MCL will be deemed to be part of
this Investment Policy immediately upon being enacted.
INVESTMENT DIVERSIFICATION AND LIQUIDITY
It is the intent of the City to diversify the investments within the portfolio to avoid incurring
unreasonable risks inherent in over investing in specific instruments, individual financial
institutions or maturities. The maximum investment in each of the following categories shall not
exceed 25% of the total portfolio: Commercial Paper, Eligible Bankers Acceptances and
uninsured Certificates of Deposit.
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. The City shall maintain at least 10% of its total portfolio in cash and/or
instruments maturing in 30 days or less.
SELECTION OF BROKER/DEALERS
Broker/dealers will be selected by the Director of Finance on the basis of their expertise in public
cash management and their ability to provide services for the City's account. Approved
broker/dealers and the firms they represent shall be licensed to do business in the State of
Michigan and as such are subject to the provisions of Michigan Statutes relating to the investment
of public funds. Broker/dealers shall attest in writing that they have received and reviewed a copy
of this Policy.
The City may purchase commercial paper, CD’s and other securities from direct issuers as long
as they meet the criteria outlined in the Authorized Securities and Transactions section of this
Policy.
SELECTION OF DEPOSITORY BANKS
Periodically, through a Request for Proposal process, the City shall select a bank to provide
checking account and other banking services for the City. To be eligible for authorization, a bank
must (1) be a member of the FDIC, (2) be eligible to be a depository of funds belonging to the
State of Michigan, (3) maintain a permanent office within the City of Muskegon and, (4) be
financially stable and sound as periodically determine through credit analysis provided through a
reputable bank rating service.
Notwithstanding provision (3) in the preceding paragraph, Time Certificates of Deposit described
in the section of this policy, “Authorized Securities and Transactions” may be purchased from
authorized banks if they meet requirements of Act 20.
SAFEKEEPING AND CUSTODY
The Director of Finance shall select a bank to provide safekeeping and custodial services for the
City. The custodian bank will be selected on the basis of its ability to provide services for the
City's account and the competitive pricing of its safekeeping related services, and shall be
financially stable and sound as periodically determined through credit analysis provided through a
reputable bank rating service.
The Director of Finance shall maintain a file of the credit rating analysis reports performed for the
custodian bank. Bank credit analysis shall be performed on a semi-annual basis.
REPORTING
Accounting and reporting on the City’s investment portfolio shall conform to Generally Accepted
Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB)
recommended practices. On a monthly basis, the Director of Finance shall submit to the City
Commission an investment report, listing the investments held by the City, the current market
valuation of the investments and performance results. The report shall include a summary of
investment earnings during the period.
XII. PETTY CASH USES AND LIMITS
Petty cash accounts may be established in such locations and in such amounts as may be
determined necessary by the City Manager. Petty cash disbursements up to $300.00 are
permitted for the following purposes: 1) for the expedited purchase of minor goods or services, 2)
to provide immediate reimbursement to employees for travel or other costs paid out of their own
pocket in the conduct of City business and, 3) to provide immediate refunds to customers as
warranted. All uses of petty cash must be fully supported by receipts or other appropriate
documentation. Petty cash procedures shall be reviewed periodically by the City’s Finance
Department.
Employees traveling on City business may receive a petty cash travel advance of up to $300.00
from the City Treasurer’s Office to be used for travel purposes. The employee’s department head
must approve travel advances. Cash advances of more than $300.00 are discouraged and will
only be made upon written authorization of the employee’s department head and the City
manager.
In order to distinguish travel advance requests from expense reporting, while simplifying the
process to the extent possible, there is a separate form for that purpose. Please note that with
the Request for Petty Cash Travel Advance form, the requesting party must acknowledge that
receipts and any money owed the City must be returned within ten days of return from travel. If
the money and/or expense documentation is not returned, the employee authorizes the full
amount of the travel advance to be deducted from their paycheck along with a $5.00 processing
fee. The Request for Petty Cash Travel Advance forms are available through the City Treasurer’s
Office.
Note that all travel expenses should be reported on the Travel Expense Reporting Form as soon
as possible upon returning from travel. Travel Expense Reporting Forms are available on the
City’s Intranet Page.
XIII. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE
From time to time the City sells real estate that it owns. It is City policy that, unless required by
law or by specific direction of the City Commission, proceeds from such property sales shall be
deposited to the City’s Public Improvement Fund to be used to finance general purpose capital
needs.
In the case of tax reverted property sold by the City, sale proceeds will first be used to reimburse
appropriate City funds for expenses incurred in maintaining and selling the property. Any
remaining sale proceeds will be distributed to the City and other taxing jurisdictions in the same
manner as regular property taxes.
XIV. PROCUREMENT CARD PROGRAM POLICY
GENERAL
Regular government purchasing methods, such as purchase orders, can be cumbersome and
costly in relation to the value of goods being purchased. To promote operational efficiency, the
City has adopted a procurement card purchasing program for use with small dollar value
purchases.
A number of unique controls have been developed for the procurement card program. These
controls will ensure that cards can be used only for specific purchases and within specific dollar
limits. In addition, documentation of all purchases is required by each cardholder with further
approval from the department head and the City Manager’s office before payment is made.
The unique procurement card issued by the City has the employee’s name embossed on it
together with the City’s tax-exempt status. No one other than the employee whose name is on the
card may use the card. CITY ISSUED PROCUREMENT CARDS MAY ONLY BE USED BY
DESIGNATED CITY EMPLOYEES FOR THE PURCHASE OF GOODS OR SERVICES FOR
THE OFFICIAL BUSINESS OF THE CITY OF MUSKEGON. UNDER NO CIRCUMSTANCES IS
THE PROCUREMENT CARD TO BE USED FOR PERSONAL PURCHASES.
DESIGNATION OF RESPONSIBLE OFFICIAL
The Finance Director is designated as the official responsible for overseeing compliance with this
procurement card policy including procurement card issuance, accounting for procurement card
transactions, monitoring and payment of procurement card statements.
TRANSACTION AMOUNTS
The procurement card may be used for purchases of individual items up to $2,500.00 in value.
The total monthly dollar value of transactions on each procurement card will generally be limited
to $5,000.00. The City Manager may establish higher monthly credit limits for employees whose
positions require higher than normal use of the procurement card. The total combined authorized
credit limit of all procurement cards issued by the City shall not exceed five percent of the City’s
total budget for the current year. All purchases made with a City procurement card must be fully
supported by receipts, invoices, and other documentation. Such documentation is to be attached
to the monthly procurement card statement and cardholder’s reconciliation.
CREDIT CARD REBATES/REWARDS
To the extent the City earns rebates or rewards from use of procurement cards, the rebates will
be recorded as general fund income used to offset the costs of bank service charges.
CREDIT CARD USE FOR LARGE RECURRING ITEMS
Some vendors accept credit card payment for large recurring bills such as electric bills and solid
waste collection. Since the City can earn rebates on credit card use, it may be to the City’s benefit
to pay these bills via credit card. The City manager and/or finance director will inform the City
commission of these opportunities in advance and will establish special use credit card accounts
that are electronically restricted to the specific type of transaction/vendor.
EMERGENCY TRANSACTION AMOUNTS
In the event of an extended emergency, the City Manager is authorized to establish higher
procurement card limits on a temporary basis so that City employees may procure goods and
services necessary to deal with the emergency. In no event are emergency transaction limits to
be in effect for more than thirty days.
INTEREST COSTS AND SALES TAX
It is the City’s policy to pay in full each month on or before the due date the total balance due on
its procurement cards thereby avoiding interest charges. As a municipality, the City is exempt
from payment of state sales tax. City procurement card users are expected to exercise care in
conducting transactions to ensure that they are not incorrectly charged for sales tax.
OTHER PURCHASING POLICIES
The procurement card is a supplement to other purchasing procedures such as purchase orders.
As with the other purchasing methods, the following conditions must be met when using your
procurement card.
• Each single purchase may be comprised of multiple items, but the total cannot exceed the
single purchase dollar limit on your procurement card.
• When purchases exceed the established dollar limits, the normal procedures of using
purchase orders must be followed unless written authorization is given by the employee’s
department head.
• The least expensive item that meets your basic needs should be bought and competitive
quotes must be obtained in accordance with existing purchasing policies.
• Cardholders must follow normal budgetary control procedures to ensure that sufficient
funds are available prior to making purchase.
• Use of the procurement card does not relieve the cardholder from complying with Federal,
State and City ordinances, regulations, policies and procedures.
• Use of the procurement card is not intended to replace effective procurement planning
which enable volume discounts.
• Purchases are not to be split to circumvent procurement regulations.
RESTRICTIONS ON USE
The following list covers purchases for which procurement cards use is prohibited:
• Cash advances through bank tellers or teller machines.
• Traveler’s Checks.
• Purchase of gasoline or diesel fuel for City vehicles except in emergencies (use City
pumps or Fuelman System).
• Purchase of items stocked in City inventory unless required in emergencies.
• Additional specific restrictions as deemed necessary by individual departments.
XV. ELECTRONIC PAYMENTS
Modern technology makes it possible to transfer funds electronically in lieu of issuing paper
checks. This technology offers many benefits to users including lower transaction costs, reduced
opportunities for fraud, and better cash management control. The City has effectively utilized this
technology for several years for purposes such as direct deposit of employee paychecks and
automatic payment of customers’ water bills. The City supports continued use and expansion of
electronic payments technology for payment of vendors and other uses provided appropriate
internal controls are established. The City Manager and Finance Director, in conjunction with the
City’s independent auditors, are authorized to develop the necessary procedures and controls for
expanded use of this technology in the City of Muskegon.
XVI. ACCEPTANCE OF CREDIT CARD PAYMENTS
The City has studied the costs and benefits of accepting credit card payments from customers
and has determined that credit card acceptance significantly enhances customer service and
provides administrative and other benefits to the City that outweigh the associated costs.
Accordingly, the City’s policy shall be to accept credit cards for payment of all City bills and
invoices except routine payment of property taxes. The City Treasurer or Income Tax
Administrator may permit payment by credit card for property taxes in specific collection cases
where they have determined it is in the City's best interest to do so.
XVII. TRAVEL POLICY AND GUIDELINES
SCOPE
This policy applies to all City of Muskegon elected officials, employees, board members,
volunteers and others when travelling on official City business and/or travelling at City expense.
AUTHORIZED TRAVEL
In the normal course of conducting City business, employees are required to travel for purposes
of work-related meetings, training opportunities, professional conferences, or other business
purposes. As part of the annual budget process, departments’ request funding for travel purposes
for the coming year. Department heads have full authority to approve travel for their employees
(without additional authorization) within limits of the department's approved travel budget. Travel
that is significantly beyond the parameters of the department's travel budget should be approved
by the City Manager together with a corresponding budget adjustment if required.
TRAVEL COSTS
The City recognizes that its employees are responsible adults who take the same care in incurring
travel expenses while on City business as when traveling on personal business. Accordingly, this
policy does not establish rigid cost limits for lodging, meals, or other travel costs. Instead, the
following general guidelines are offered while recognizing that special circumstances may dictate
that employees incur costs beyond these guidelines:
Lodging - Lodging costs should generally range between $75.00 - $150.00 per night depending on
location (based on single occupancy and including local taxes which the City is not exempt from).
Employees are relied upon to use their good judgment in selecting safe and economical
accommodations.
Two important factors to remember when making hotel reservations: 1) you should always ask for
special "government" rates that are typically deeply discounted from regular rates and, 2) you
should identify the travel as official City business exempt from state sales tax and inquire as to
any specific documentation requirements the hotel may have.
Costs for in-room movies, exercise rooms, or other hotel services not included in the basic room
rate are not reimbursable by the City.
Meals - Meal costs should generally not exceed $40.00 per person for each full day of travel
(including gratuities and taxes). For partial day travel or individual meal reimbursements, the
following limits will apply:
Breakfast $8.00 Travel Before 8:00 AM
Lunch $10.00 Travel Before 12:00 Noon
Dinner $22.00 Travel Before 6:00 PM
Individual meal limits will apply regardless of whether or not reimbursement is sought for other
meals during the day. For example, it is not permissible to “skip” breakfast and lunch in order to
be reimbursed $40.00 for a dinner; instead, the dinner will only be reimbursed up to the $22.00
limit specified above. Often lunch or other meals are included in the registration price of a seminar
or conference. It is expected that employees attending these functions will partake in these
meals. The City will not reimburse meal costs if the employee chooses to forgo the conference
meal and dine elsewhere.
Transportation - Vehicle travel may be by either City vehicle or the employee's private vehicle. If a
private vehicle is used, reimbursement will be based on the number of miles traveled times the
allowable IRS business mileage rate in effect at that time. Air travel is generally used for
destinations more than 300 miles away. Employees are encouraged to take advantage of
discounted airfares and should utilize the Muskegon County Airport whenever possible.
Employees may elect to use private vehicles for travel to destinations more than 300 miles away
and will be reimbursed based on the current IRS mileage rate or equivalent round trip coach
airfare for that destination, whichever is less. However, no reimbursement will be made for added
lodging or meal costs incurred because of the extra travel time.
Employees who elect to use their own vehicle should be aware that under the laws of the State of
Michigan, every vehicle owner is required purchase insurance that is the primary coverage for that
vehicle. While using a private vehicle for City travel, any automobile liability insurance coverage in
force for the City is excess coverage only for the employee/vehicle owner.
Other Costs - Other incidental costs (such as parking, ground transport, phone calls), should not
exceed an average of $15.00 per day. Rental car costs generally will not be reimbursed by the
City as it is expected that employees will utilize lodging in close proximity to the conference or
other event. In extraordinary circumstances where the employee deems it necessary to rent a
car, reimbursement will only be made with the written authorization of the City manager.
Traveling With Spouse - There is no objection to employees inviting their spouse to travel along
on City business. However, the City will pay for none of the spouse’s travel expenses and care
should be taken to maintain separate records of the employee's reimbursable travel costs.
PAYING FOR TRAVEL COSTS
Methods available for employees to pay travel costs include the following:
City Credit Card - Employees who have been issued a City of Muskegon credit card should use it
to pay their travel costs. Additionally, in each department a credit card holder is designated to use
their card to pay for other employees' travel costs that can be readily handled in advance (e.g.
airline tickets, conference registration, hotel, etc.).
Personal Credit Card - Employees who have not been issued a City credit card may find it
convenient to pay travel costs on their own personal credit card and receive cash reimbursement
from the City.
Petty Cash Advance - Employees traveling on City business may receive a petty cash travel
advance of up to $300.00 from the City Treasurer’s Office to be used for travel purposes. The
employee’s department head must approve travel advances. Cash advances of more than
$300.00 are discouraged and will only be made upon written authorization of the employee’s
department head and the City manager.
In order to distinguish travel advance requests from expense reporting, while simplifying the
process to the extent possible, there is a separate form for that purpose. Please note that with
the Request for Petty Cash Travel Advance form, the requesting party must acknowledge that
receipts and any money owed the City must be returned within ten days of return from travel. If
the money and/or expense documentation is not returned, the employee authorizes the full
amount of the travel advance to be deducted from their paycheck along with a $5.00 processing
fee. The Request for Petty Cash Travel Advance forms are available through the City Treasurer’s
Office.
Note that all travel expenses should be reported on the Travel Expense Reporting Form as soon
as possible upon returning from travel. Travel Expense Reporting Forms are available on the
City’s Intranet Page.
REPORTING REQUIREMENTS FOR TRAVEL EXPENSE REIMBURSEMENT
Travel expense reporting has been simplified to the extent possible. The following guidelines
apply to travel expense reporting:
• Travel expenses are to be reported on the Travel Expense Reporting Form included with this
pamphlet as soon as possible upon returning from travel.
• Only expenses for which cash reimbursement is sought by the employee need to be reported.
Expenses paid in advance or expenses paid by City credit card should not be included on the
Travel Expense Reporting Form.
• Expenses must always be supported by receipts or other documentation.
• If total expenses to be reimbursed are $300.00 or less, you may obtain immediate
reimbursement from the City Treasurer's Office.
• If total expenses to be reimbursed are more than $300.00, they will be reimbursed as a
separately itemized, non-taxable category on the employee's regular bi-weekly paycheck.
Accordingly, travel expense report forms must be submitted to the Finance Office with all
necessary approvals no later than 5:00PM on the Friday prior to payday for reimbursement on
that paycheck.
DOUBLE-DIPPING
It should go without saying that City expects honest and ethical behavior from its employees in
handling travel expense matters. Travel expenses that are partially or fully paid by outside parties
(such as federal agencies) are not to also be submitted for reimbursement from the City. Any
employee found to be deliberately misreporting travel expenses will be subject to disciplinary
action as well as potential prosecution.
LOCAL BUSINESS EXPENSES
In addition to travel expenses, it is sometimes appropriate for City employees to incur costs on
behalf of boards or committees or in the course of entertaining visiting guests. Department heads
have full authority to approve such costs (within budgetary limits) and the same general guidelines
as outlined above for employee travel expenses should be followed.
XXVIII. CELL PHONE POLICY
GOAL
It is the goal of the City to provide cellular telephones to City employees who need them to
perform the essential functions of their jobs.
SAFETY
The first concern of the City is the safety of their employees and the public. Employees should
use proper safety procedures at all times when using a cellular phone, especially while operating
equipment, driving on City business or performing similar duties. This includes pulling to the side
of the road if feasible when making or receiving a cellular phone call. Text messages under no
circumstances should be sent or viewed while driving.
POLICY
Department Heads and Supervisors may request cellular phones for employee use when the
expense and use of the phone is justifiable in terms of improved service and responsiveness to
citizens and/or other employees. Cellular phones should be provided only when they are required
for the employee to perform essential functions of his/her job. Additionally at the discretion of the
Department Head/Supervisor enhanced features or smart phones may be requested. Smart
phones or a phone with enhanced features will require an employee to share in the cost. This
amount will be determined by Finance annually. The City realizes the phone will be used for
personal use as well as City use however excessive use or abuse of the phone and/or phone
services could result in additional charges or cancellation of phone services.
It is the responsibility of the Department Head/Supervisor to review the monthly statements and
report any concerns to the Finance Department.
With approval from the City Manager and Department Head an employee may elect to use his/her
own cellular phone for City business. The phone must be fully available during the employee’s
scheduled work hours. Employees using their personal cellular phone will be reimbursed per
month for the use of their phone. This reimbursement is taxable income to the employee and the
amount will be determined by Finance annually. Certain employees who are required to have
enhanced phone features/smart phones for their job may be reimbursed at a higher rate with
approval from the City Manager.
XIX. CASH HANDLING POLICY FOR DEPARTMENTS ACCEPTING
PAYMENTS FROM CITIZENS
This policy is intended as a guide and supplement to other measures which should exist
surrounding the collection, timely deposit, and recording of collections in the records at each City
location.
For some City departments that have higher volumes of cash transactions, a cash register is used
to record receipt transactions. All transactions must be entered in the register and a receipt
must be issued to each customer. For other departments, the method for recording and
balancing is with a receipt book that has pre-numbered receipts. This method is acceptable with
the understanding that all transactions are entered, and a receipt is issued to every customer.
The pre-numbered receipt books are issued to City departments by the treasurer’s office.
City departments handling cash have starting cash, which is used for making change for their
customers. When balancing out the daily transactions, you first remove the starting cash
amount. The receipts should offset the money (cash and checks) that you have remaining. If
this is not the case, then, you have an overage or a shortage. This must be noted on your pink
“cash-out” slip/sheet. Two signatures are required for all deposits. If a discrepancy (shortage or
overage) occurs, the department’s authorized person (usually the department head) must review
and sign the cash-out slip/sheet.
For departments that have a cash register, on a daily or other periodic basis, you should enter a
summary of the receipt transactions into the GEMS Financial System’s Cash Receipts module on
a “cash sheet” and generate a “Cash Receipts Edit” report. The “Cash Receipts Edit” report,
cash register transaction summary tape, money received, an adding machine tape and/or item
count of checks and the “cash-out” sheet should be hand delivered to the City Treasurer’s office
each day. The treasurer’s office will issue a receipt for the total amount deposited.
For departments without a cash register, on a daily or other periodic basis, you should prepare a
deposit report detailing the receipt transactions being deposited. Each deposit report includes all
pre-numbered receipt numbers used by the department since the last report, even if the receipt
was voided. The deposit report, money received, an adding machine tape and/or item count of
checks and the “cash-out” sheet should be hand delivered to the City Treasurer’s office each day.
The treasurer’s office will issue a receipt for the total amount deposited.
If assistance is needed in reference to any of the above, please contact the treasurer’s office.
XX. ACCOUNTS PAYABLE
The City fully recognizes the importance of paying its vendors and suppliers in a timely manner.
Late vendor payments result in higher costs as well as damage to the City’s reputation.
Accordingly, it is City policy to issue accounts payable (A/P) checks on the second and fourth
Fridays of each month. This cycle will ensure that (provided timely departmental approvals are
obtained) vendor payments will be made within 30 days of invoice receipt.
City departments are expected to plan their payment transactions around the regular A/P check
cycle; off-cycle A/P checks will not be permitted without the approval of the Finance Director or
Assistant Finance Director. In emergency situations where payment cannot wait for the regular
A/P check cycle, arrangements can be made with the Finance Department to electronically
transfer funds to the vendor’s account.
XXI. ACCOUNTS RECEIVABLE AND BANKRUPTCY
ACCOUNTS RECEIVABLE BILLING OUTSOURCE
The City’s Collection Agency will handle billings for the following types of invoices:
• Environmental
• Demolition and Board Ups
• Impounds
• Vacant Building
The Collection Agency will generate the initial invoice along with any follow up/delinquent notices,
pre-collection notices and collection notices. In an attempt to promote timely payment, invoices for
environmental and demolition issues paid within the first 30 days will receive a 20% discount.
These invoices will only be recorded as revenue to the City when they are paid.
Environmental Invoices can be appealed through the Planning department within 30 days from the
date of the original invoice.
ACCOUNTS RECEIVABLE PROCEDURES
Each department will input invoices through the City’s A/R system software for billing types not
handled by the Collection Agency. The Treasurer’s Office will process the Receivables every
Friday and mail out the invoices. Each department should periodically but no less than monthly
review invoices their office has initiated for payment. It is up to the individual departments to
monitor the payment of their accounts and notify the Finance Division of problems. The
Treasurer’s Office will review and turn over to the Collection Agency invoices outstanding for 90 or
more days.
LEGAL ACTION
Legal action may be used only as a last resort to collect on delinquent accounts. On the advice of
the Collection Agency it will be up to the City Treasurer and/or Income Tax Administrator / Deputy
Treasurer to determine which accounts warrant such action taking into consideration time and
added costs in collecting the delinquent account(s).
SETTLEMENTS
From time to time, debtors may want to enter into negotiations regarding their delinquent
account(s). The City Treasurer and/or Income Tax Administrator / Deputy Treasurer will have the
authority to enter into meaningful settlement negotiations with the debtor for accounts under
$15,000.
OBSERVATION OF COLLECTION LAWS
The City Treasurer and/or Income Tax Administrator / Deputy Treasurer will ensure that all
Federal, State and local laws are observed and understood by all whom engage in collection
activities on behalf of the City of Muskegon.
BANKRUPTCIES
Bankruptcy notices should always be forwarded to the Income Tax Administrator / Deputy
Treasurer, regardless of whether the department receiving the notice of bankruptcy has an
outstanding receivable balance due from the debtor or not. Other departments throughout the
City may also have business pending with the debtor and must be notified of the bankruptcy
status.
Upon receipt, the Income Tax Administrator / Deputy Treasurer will circulate a notice to various
departments which typically deal with receivable accounts and who may be maintaining a
collection account with the debtor. Departments wishing to be included in the routing on a regular
basis should contact the Income Tax Administrator / Deputy Treasurer.
If a department receives correspondence from the Income Tax Administrator / Deputy Treasurer
requesting information on outstanding debts involved in a bankruptcy, the department should
return to the Income Tax Administrator / Deputy Treasurer the requested information, with
supporting documents, within seven days of receipt. The Income Tax Administrator / Deputy
Treasurer will consolidate information from the City as a whole and prepare and file a claim on a
timely basis.
Departments utilizing an outside collection agency should notify the agency that upon receipt of a
bankruptcy notice, the agency is required to close and return the account to the City immediately.
Under no circumstances is an outside agency, such as a collection agency, to file a bankruptcy
claim on behalf of the City.
The Income Tax Administrator / Deputy Treasurer will review certain accounts that may be
forwarded to the City Attorney’s Office for consideration due to the complexity of the bankruptcy
proceeding.
Upon receipt of a bankruptcy discharge or dismissal, the Income Tax Administrator / Deputy
Treasurer will notify all departments involved.
XXII. PAYROLL
DEDUCTIONS
The City is required to make various deductions from employee paychecks for taxes, pension
contributions, union dues and other purposes mandated by law, union contracts, or terms of
employment. Additionally, the City offers a range of “voluntary” deduction programs deemed to be
of general benefit to employees. These include deferred compensation retirement savings,
additional life insurance purchase, and U.S. Savings Bonds.
From time to time, outside firms (typically offering investment and/or insurance products)
approach the City about including their programs on the City’s voluntary payroll deduction menu.
Although such programs are touted as “employee benefits having no-cost to the City”, the fact is
that these programs can entail significant costs not only for payroll administration, but also in
terms of employee time consumed in marketing or educational efforts. The City’s general policy
will be to deny such requests. However, the City may elect to implement voluntary deduction
programs it deems to be worthwhile.
DIRECT DEPOSIT
The City encourages Direct Deposit of payroll checks both as a means to improve operational
efficiency and reduce opportunities for fraud. To the extent allowed by state law, the City may
elect to mandate all employees be paid via Direct Deposit. The following polices will govern the
City’s Direct Deposit practices:
•New employees will be given the choice of full direct deposit to one or multiple financial
institution and/or accounts or to receive a paper check.
•Current employees will no longer be able to choose partial direct deposit and receipt of a
paper check.
•Employees who currently direct deposit a portion of their payroll and receive a paper check
will not be allowed to make any changes to their deposit accounts or amounts unless they
are switching to full direct deposit.
•To the extent allowed by state law, the City may elect to mandate all employees be paid via
Direct Deposit.
XXIII. SOCIAL SECURITY NUMBER PRIVACY POLICY
Section 1. Purpose
The purpose of this policy is to protect confidential information from individuals and businesses
that have contact with the City of Muskegon.
Section 2. Definitions
(a) "Computer", "computer network", or "computer system" mean those terms as defined by the
City of Muskegon’s Information Technology Department
(b) "Mailed" means delivered by United States mail or other delivery service that does not require
the signature of recipient indicating actual receipt.
(c) "Person" means an individual, partnership, Limited Liability Company, association, corporation,
public or nonpublic elementary or secondary school, trade school, vocational school, community
or junior college, college, university, state or local governmental agency or department, or other
legal entity.
(d) "Publicly display" means to exhibit, hold up, post, or make visible or set out for open view,
including, but not limited to, open view on a computer device, computer network, website, or other
electronic medium or device, to members of the public or in a public manner.
(e) "Website" means a collection of pages of the world wide web or internet, usually in HTML
format, with clickable or hypertext links to enable navigation from 1 page or section to another,
that often uses associated graphics files to provide illustration and may contain other clickable or
hypertext links.
Section 3. Prohibited use of social security number of employee, student, or
other individual; exceptions.
(1) Except as provided in subsection (2), a person shall not intentionally do any of the following
with the social security number of an employee, student, or other individual:
(a) Publicly display all or more than 4 sequential digits of the social security number.
(b) Subject to subsection (3), use all or more than 4 sequential digits of the social security number
as the primary account number for an individual. However, if the person is using the social
security number under subdivision (c) and as the primary account number on the effective date of
this act, this subdivision does not apply to that person until January 1, 2006.
(c) Visibly print all or more than 4 sequential digits of the social security number on any
identification badge or card, membership card, or permit or license.
(d) Require an individual to use or transmit all or more than 4 sequential digits of his or her social
security number over the internet or a computer system or network unless the connection is
secure or the transmission is encrypted.
(e) Require an individual to use or transmit all or more than 4 sequential digits of his or her social
security number to gain access to an internet website or a computer system or network unless the
connection is secure, the transmission is encrypted, or a password or other unique personal
identification number or other authentication device is also required to gain access to the internet
website or computer system or network.
(f) Include all or more than 4 sequential digits of the social security number in or on any document
or information mailed or otherwise sent to an individual if it is visible on or, without manipulation,
from outside of the envelope or packaging.
(g) Subject to subsection (3), beginning January 1, 2006, include all or more than 4 sequential
digits of the social security number in any document or information mailed to a person, unless any
of the following apply:
(i) State or federal law, rule, regulation, or court order or rule authorizes, permits, or
requires that a social security number appear in the document.
(ii) The document is sent as part of an application or enrollment process initiated by the
individual.
(iii) The document is sent to establish, confirm the status of, service, amend, or terminate
an account, contract, policy, or employee or health insurance benefit or to confirm the
accuracy of a social security number of an individual who has an account, contract,
policy, or employee or health insurance benefit.
(iv) The document or information is mailed by a public body under any of the following
circumstances:
(a) The document or information is a public record and is mailed in
compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246
(b) The document or information is a copy of a public record filed or recorded with a
county clerk or register of deeds office and is mailed by that office to a person
entitled to receive that record.
(c) The document or information is a copy of a vital record recorded as provided by
law and is mailed to a person entitled to receive that record.
(v) The document or information is mailed by or at the request of an individual whose
social security number appears in the document or information or his or her parent or
legal guardian.
(2) Subsection (1) does not apply to any of the following:
(a) A use of all or more than 4 sequential digits of a social security number that is authorized or
required by state or federal statute, rule, or regulation, by court order or rule, or pursuant to legal
discovery or process.
(3) It is not a violation of subsection (1)(b) or (g) to use all or more than 4 sequential digits of a
social security number if the use is any of the following:
(a) An administrative use of all or more than 4 sequential digits of the social security number the
ordinary course of business, by a person or a vendor of a person or a vendor or contractor of a
person, to do any of the following:
(i) Verify an individual’s identity, identify an individual, or do another similar administrative
purpose related to an account, transaction, product, service, or employment or
proposed account, transaction, product, service, or employment.
(ii) Investigate an individual’s claim, credit, criminal, or driving history.
(iii) Detect, prevent, or deter identity theft or another crime
(iv) Lawfully pursue or enforce a person’s legal rights, including, but not limited to, an
audit, collection, investigation, or transfer of a tax, employee benefit, debt, claim,
receivable, or account or an interest in a receivable or account.
(v) Lawfully investigate, collect a spousal obligation or tax liability.
(vi) Provide or administer employee or health insurance or membership benefits, claims,
or retirement programs.
(b) A use of all or more than 4 sequential digits of a social security number as a primary account
number that meets both of the following;
(i) The use began before the effective date of this act.
(ii) The use is ongoing, continuous, and in the ordinary course of business. If the use is
stopped for any reason, this subdivision no longer applies.
Section 4. Privacy policy
(1) Effective January 1, 2006, all employees for the City of Muskegon are required to abide by the
Social Security Policy.
(a) All information that contains social security numbers must be handled discretely and remain
confidential
(b) Prohibits unlawful disclosure of the social security numbers.
(c) Employees will only have access to social security numbers on a need to know basis and if it
pertains the ordinary course of business.
(d) All documents that contain social security numbers must be shredded or destroyed in a
manner that information is no longer legible.
Section 5. Exemption from disclosure
All or more than 4 sequential digits of a social security number contained in a public record are
exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, pursuant to section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243.
Sec. 6. Violation of Privacy Policy
(1) A person who violates section 3 with knowledge that the person's conduct violates this act is
guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not
more than $1,000.00, or both.
(2) An individual may bring a civil action against a person who violates section 3 and may recover
actual damages. If the person knowingly violates section 3, an individual may recover actual
damages or $1,000.00, whichever is greater. If the person knowingly violates section 3, an
individual may also recover reasonable attorney fees. Except for good cause, not later than 60
days before filing a civil action, an individual must make a written demand to the person for a
violation of section 3 for the amount of his or her actual damages with reasonable documentation
of the violation and the actual damages caused by the violation. This subsection does not apply to
a person for conduct by an employee or agent of the person in violation of a privacy policy created
pursuant to section 4 or in compliance with the fair credit reporting act, 15 USC 1681 to 1681v, or
subtitle A of title V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809, if the person has taken
reasonable measures to enforce its policy and to correct and prevent the reoccurrence of any
known violations.
XXIV. WATER AND SEWER POLICIES
CHARGES FOR LATE PAYMENTS
Bills not paid by the due date shall be subject to a service charge equal to ten (10%) percent of
the billing. In the event a delinquent bill must be spread on the taxes, for the purpose of covering
associated administrative costs, an additional service charge equal to twenty (20%) percent with a
minimum service charge of $25.00 and a maximum service charge of $100.00 of the original
delinquent billing amount shall be charged.
ADJUSTMENT OF BILLS FOR MAJOR LEAKS
RESIDENTIAL WATER/SEWER LEAK ADJUSTMENT REGUALTIONS
The purpose of these regulations is to promote water conservation by encouraging customers to
promptly fix leaks and plumbing problems and to establish guidelines that provide fair and
consistent treatment of customers requesting leak adjustments.
TYPES OF ADJUSTMENTS
1) Adjustments for leaks where water was discharged into the sanitary sewer
system.
2) Adjustments for leaks where water was not discharged into the sanitary sewer
system.
RULES
No more than one leak adjustment will be allowed in any two year (24 month) period.
No more than two consecutive billing periods will be adjusted.
The request must be made within 30 days of the due date for the period initially involved and must
be accompanied by the following:
• A written statement from the customer describing the nature of the problem, the
date repairs were completed, and copies of the paid receipts for services and/or
supplies (where applicable).
• Current readings (at the time of the request) from both the meter and remote
device to be furnished by customer.
Leak adjustments will be based on metered usage experience after repairs are made and will be
made only if usage is demonstrably reduced (after adjusting for any extenuating circumstances).
If lost water entered the sanitary sewer system, leak adjustments to the customer’s water and
sewer billing will equal 25% of the estimated loss for no more than two billing periods.
If the lost water did not enter the sanitary sewer system (i.e. leaks in crawl spaces or into the
ground) water charges will be adjusted 25% of the estimated loss for no more than two billing
periods and sewer charges will be adjusted to normal usage based on prior year’s usage patterns.
If a leak is suspected but cannot be detected by the occupant or owner, additional assistance may
be requested from the Water Maintenance Department at no charge to the customer.
SHUTOFF PRACTICES
While the City is authorized to shut off water service for any delinquent bill, the City will normally
shut off water or sewer service if the charges to the premises or the meter in question are
delinquent in the amount of $50.00 or more. This amount and practice shall vary, and the
threshold amount for shutoff may be changed by the decision of the City Manager, from time to
time, to an amount less or more than $50.00. This decision shall be made by the City Manager
based on the administrative and enforcement availability and capability of City personnel, and the
cost incurred by the City by using this method of enforcement.
BILLING INITIATION AND SERVICE CHANGES
Because state law dictates that a municipality that provides municipal water and sewer service to
a property shall have a lien against the premises, the City requires that the legal property owner
sign on for water and/or or sewer billing service and sign off for water and/or sewer service. The
owner must approve any billing changes by signing an application for service form located at the
Treasurer’s Office/Water Billing Department. Positive identification is required to be provided.
BILLING CYCLES
For the purpose of reading water meters and billing customers, the city is divided into districts.
The meters for each district are read monthly and the customer accounts are also billed each
month with bills being due at least 15 days after the billing date.
E-BILLING
City water and sewer customers can sign up to receive their monthly bill in paperless format via
the internet. Customers that agree to receive their monthly water and sewer bill via the internet
help save paper, printing and postage costs and also receive a credit on their monthly bill.
AUTOMATIC PAYMENT (AUTOPAY)
City water and sewer customers can sign up to automatically pay their water and sewer bill in the
Automatic Pay program. Under the Automatic Pay program the customer’s water bill payment is
automatically deducted from their bank checking account or charged to their credit card account
each month when the bill is due. Customers enrolled in the Automatic Pay program receive a
credit on their monthly bill.
WATER/SEWER AFFIDAVIT
Property owners who desire, pursuant to MCL123.165, to avoid a tenant’s unpaid water/sewer bill
from becoming a lien against the real estate, may execute an affidavit and file it with the City of
Muskegon Water/Sewer Billing Department, 933 Terrace Street, Muskegon, MI 49440, together
with a deposit of an amount which may be established from time to time by the Muskegon City
Commission. A copy of the executed lease agreement must also be provided. The owner is
required to use the affidavit form provided by the City. The requirements and contents of the
affidavit are as follows:
1) The written lease with tenant; said lease must specifically provide that the tenant, not the
owner of the property, is directly responsible for all water and sewer bills associated with
the unit under lease to that tenant.
2) The affidavit must be filled in completely, accurately, signed and notarized. If it is not
correctly and completely filled out, signed and notarized, any benefits allowed pursuant
to MCL 123.165 will not be available to the property owner.
3) If there is more than one property owner or tenant; said affidavit must provide all
applicable names. All required data must provide for said affidavit to be valid and
enforceable.
4) The affidavit must contain the exact date upon which the tenant’s written lease
terminates. If the lease is extended, the extension must be in writing and the new
termination date provided to the City with an affidavit containing the new information.
5) The required deposit must be paid at the time of submission of the affidavit to the City.
XXV. POVERTY EXEMPTION INCOME GUIDELINES
The guidelines shall include but not be limited to the specific income and asset levels of the
claimant and all persons residing in the residence, including any property tax credit returns filed in
the current or immediately preceding year.
To be eligible, a person shall do all of the following on an annual basis:
1) Be an owner of and occupy as a principal residence the property for which an
exemption is requested.
2) File a claim with the City Assessor or Board of Review, accompanied by Federal and
State Income tax returns for all persons residing in the residence, including any
property tax credit returns filed in the immediately preceding year or current year. or a
form 4988, if applicable.
3) Produce a valid driver’s license or other form of positive identification if requested.
4) Produce a deed, land contract, or other evidence of ownership of the property for
which an exemption is requested if requested.
5) Meet the Federal poverty income guidelines as defined and determined annually by
the United States Office of Management and Budget (or its successor).
6) Total household assets, except for the principal residence being claimed, essential
household goods, and one motor vehicle, may not exceed one quarter (25%) of the
Federal poverty guideline for the entire household. Assets include, but are not limited
to real estate, motor vehicles, recreational vehicles and equipment, time shares,
certificates of deposit, savings accounts, checking accounts, stocks, bonds, life
insurance, retirement funds, antiques and collectibles, etc. Assets do not include
basic essential household goods such as furniture, appliances, dishes and clothing.
The value of assets will not be reduced by the amount of any indebtedness owed on
such assets, or any indebtedness otherwise owed by the applicant or members of the
household.
7) The applicant must be able to produce evidence as requested that they have owned
and occupied the residence for a minimum of two years before tax day of the year in
which they seek the exemption.
8) The State Equalized Value of the property for which the exemption is claimed shall
not exceed the mean average for residentially-classed properties in the City of
Muskegon for the current tax year.
The Board of Review shall follow the above stated policy and Federal guidelines in granting or
denying an exemption, unless the Board of Review determines there are substantial and
compelling reasons why there should be a deviation from the policy and Federal guidelines and
these are communicated in writing to the claimant.
sc
XXVI. INCOME TAX POLICIES
PAYMENT AGREEMENTS
The City of Muskegon Income Tax Office does accept payment agreements. The terms of the
agreement are as follows:
• Twenty five percent (25%) of the total tax due for all years must be paid plus a $15.00 fee.
• The remaining balance must be paid one year from the inception of the agreement.
• All future tax liabilities must be paid on time. This includes withholding tax payments if
required.
• Interest and penalties will continue to accrue until the payment plan is paid in full.
• The City of Muskegon has the right to void this agreement at anytime.
If the taxpayer does not remain current on their payment agreement the City of Muskegon has the
right to pursue payment through the court system or a collection agency.
WRITE OFF POLICY
The Income Tax Department may write off income tax liability deemed not collectable due to
death or other reason. The Income Tax Administrator is authorized after ten (10) years to review
and to write off total tax liability of a taxpayer up to $15,000. Income Tax liability over $15,000
requires City Commission approval before a write off can occur.
PROOF OF RESIDENCY
The City of Muskegon Income Tax follows the State of Michigan law to determine residency.
Resident means an individual domiciled in the city. Domicile means a place where a person has
true, fixed and permanent home and principle residence.
Michigan law defines principal residence as the one place where a person has his or her true,
fixed, and permanent home to which, whenever absent he or she intends to return and that shall
continue as a principal residence until another principal residence is established.
In order to verify a person’s claim that a particular property is a principal residence, the City of
Muskegon will accept various documents that, taken together, to establish that the person or
persons is a resident. Examples include drivers license, voter registration card, state identification
cards, property tax records, mortgage deeds, rental agreements, income tax records and other
documentation. No one of these factors taken alone is controlling over any other factor.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/2019 Title: Equipment Replacement
Submitted By: Joe Buckingham Department: DPW/Equipment
Brief Summary: The Equipment Division is requesting permission to purchase one (1)
Caterpillar Backhoe coming from Michigan CAT, the Mi Deal State Contract holder. This
machine will replace one we are trading in.
Detailed Summary:
Amount Requested: $109,290.05 Less trade Amount Budgeted: $120,000.00
in of $20,000.00 for our machine. Final price
of $89,290.05
Fund(s) or Account(s): Equipment CIP fund Fund(s) or Account(s): 661-60932-5720
Recommended Motion: Authorize staff to purchase one Caterpillar backhoe for a final price of
$89,290.05.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Sept. 24, 2019 Title: Development and Reimbursement
Agreement, Midtown/Nelson Brownfield
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: Approval of the Development and Reimbursement Agreement for the Midtown
Square II and Nelson Neighborhood Infill Housing Brownfield between the city and its Brownfield
Redevelopment Authority
Detailed Summary: The Brownfield Plan Amendment for Midtown Square II and the Nelson
Neighborhood Infill Housing was approved by the Authority on April 9, 2019. This agreement
outlines how the Authority will reimburse the city for eligible costs in the construction of 20 housing
units in the Nelson Neighborhood through future tax capture. The city will seek an approximately
$3 million commercial loan and have the residential units built by Dusendang Contractors. The city
will receive reimbursement of 5 percent per annum for the cost of borrowing for an estimated total
amount of $302,406. The Muskegon Brownfield Redevelopment Authority approved the agreement
at its Sept. 10, 2019 meeting.
Amount Requested: none immediately Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Midtown Square II and Nelson Neighborhood Infill Housing
Development and Reimbursement Agreement and authorize the mayor and city clerk to sign the
same.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:09/24/19 Title: Thermal Imaging Cameras (TIC)
Submitted By: Director Jeffrey Lewis Department: Fire Department
Brief Summary: Seeking approval to purchase two (2) Avon Thermal Imaging Cameras (TIC) at a
cost of $10,060.00 and six (6) Seek units at a cost of $3,957.50. The total cost of $13,748.80 is
below the approved 2019/2020 budgeted amount of $14,096.00.Thermal Imaging Cameras are
used to locate victims and hidden fires during fire-fighting efforts. The two (2) Avon TIC units will
be placed on Engines 23 & 25. The six (6) personal size TIC units are to be worn by the
firefighters.
Detailed Summary:
Amount Requested: $13,748.80 Amount Budgeted: $14,096.00
Fund(s) or Account(s): 101-50336-5720 Fund(s) or Account(s): 101-50336-5720
Recommended Motion: Commission approval for the purchase of eight (8) Thermal Imaging
Cameras for Fire Department use in detection and rescue efforts for a total cost of
$13,748.80.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 09/24/2019 Title: Melching – Change Order #005
Submitted By: Leo Evans Department: Public Works
Brief Summary: Melching Demolition has provided a proposal to crush all of the existing concrete
and asphalt and leave it on site at the West Shoreline Correctional Facility. The crushed concrete
and asphalt would be used by city crews performing maintenance work and for city funded public
projects with excess material to be sold.
Detailed Summary: Change Order #005 represents an approximately $100K increase in the
contract value with Melching. For this price Melching will crush all of the existing concrete and
asphalt on site. Concrete will be crushed into popular gradations that can be used for city projects,
or sold to private developments. Asphalt will be crushed into millings for use on city projects,
and/or to be sold for private developments. Payment for the contract increase will be made from
the grant funds allocated towards this site. Any proceeds from sale of excess material are
proposed to be deposited into the Local Street fund to potentially be used to fund a future project.
Amount Requested: $101,250.00 Amount Budgeted: $0
Fund(s) or Account(s): 482-91908-5346 Fund(s) or Account(s):
Recommended Motion:
Authorize staff to sign Change Order #005 to the demolition contract with Melching Demolition in
the amount of $101,250.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 09/24/2019 Title: Water Filtration Plant – CE Contract
Submitted By: Leo Evans Department: Public Works
Brief Summary: Consumers Energy has provided a contract relative to the water filtration plant that
allows them to suspend electrical service to the water filtration plant under certain peak conditions
at which time the water filtration plant will operate under generator power.
Detailed Summary: Consumers Energy retains the right to suspend electrical service to the water
filtration plant under certain peak conditions and provided proper notice to the plant. These
occurrences are limited to five (5) occurrences annually each not to exceed 4 hours. Consumers
Energy will compensate the City for enrollment in this program. Staff has reviewed the contract
and performed the necessary load testing of the plant to ensure compliance with the agreement.
The contract has been reviewed by legal counsel. Staff is recommending the 4 year option, which
includes an annual payment in the amount of $28,000/Year to the city.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Authorize staff to sign the 2020 Emergency with Generator Commercial and Industrial Demand
Response Customer Agreement with Consumers Energy for a period of 4 years.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
2020 EMERGENCY WITH GENERATOR COMMERCIAL AND
INDUSTRIAL INDUSTRIAL DEMAND RESPONSE CUSTOMER AGREEMENT
Customer and Consumers Energy are referred to herein collectively as the “Parties” and each individually as a
“Party” to this Agreement.
Effective Date of Agreement: 6/1/20-9/30/20
(Month/Day/Year)
Company: Customer:
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
a Michigan Corporation (Legal Name)
ONE ENERGY PLAZA 1900 BEACH ST
JACKSON MI 49201-2357 (Street & Number)
1900 BEACH ST MUSKEGON, MI 49441
(City, State & Zip Code)
1. Initial Term: Shall commence on June 1, 2020 and shall run through (select one):
September 30, 2020 (1 year)
September 30, 2021 (2 years)
September 30, 2022 (3 years)
September 30, 2023 (4 years)
2. This Agreement will become effective on the date identified above and will extend for an Initial Term
through the end date identified above. The Customer must notify Consumers Energy Company
(“Consumers Energy” or the “Company”) by September 1st in the final year of the Initial Term of their
desire to renew participation in the Demand Response Program (“Program”) through the execution of
a new Program Agreement and the amount of reduction/nomination kW for the following Program
Period (June 1 through October 1). Customer participation under this Agreement shall be based on the
limitations, terms and eligibility as described in the Company’s Program and the Company’s Electric
Rate Book, as approved by the Michigan Public Service Commission. Notice of renewal of participation
in the Program by the Customer to the Company shall be made in writing and mailed using the United
States Post Office first-class mail. Customer’s notice to renew participation in the Program shall be sent
to Consumers Energy Company, Attention: Customer Services – DR Program, 165 W Michigan Avenue,
Jackson, MI 49201.
3. Payment Revisions. The Company will notify each customer enrolled in a multi-year agreement by July 1
of the price for the following Program Period and will submit a contract change order to the customer
identifying any necessary changes and requesting signatures of approval. If either the Program’s
Emergency Capacity Payments or Emergency Event Energy Payments increase by greater than 10%
year to year, this Agreement shall automatically terminate and the customer and the Company may
reopen negotiations for a new Program Agreement for the following year. If the Parties mutually agree
to new annual payment amount(s), the new payment(s) shall become effective June 1 of the following
year and continue throughout the Program Period beginning June 1 (i.e. June 1 through September
30). In the event that the Program’s Emergency Capacity Payment or Emergency Event Energy
Payment increase by less than 10% year over year, the new payment amount(s) shall become
effective on June 1 and continue throughout the Program Period beginning June 1 (i.e. June 1 through
September 30).
4. Program Description. Participants in the Program help reduce peak demand when energy use is the highest
and maintain a ready supply of energy for Michigan. Participants will receive an annual Emergency
Form 1569 5-2019 2020 Season – Emergency with Generator Page 1 of 8
Capacity Payment for the capacity amount specified in this Agreement within 60 days of the Effective Date
of the Agreement.
5. Administration Solutions. Customer agrees to work with Consumers Energy to develop an appropriate
energy reduction plan for Customer’s business; and (ii) to provide Consumers Energy access and use of
contact, billing and energy usage data, and facility information concerning each Site Address (as
defined below) (“Customer Data”). Consumers Energy shall manage Customer’s curtailable electrical
capacity in the Program and upon notification by Consumers Energy and acceptance by Customer,
provide real-time support to Customer during demand response events (“Demand Response Events”);
and enable data transfer, monitoring and reporting of meter data and provide technical assistance,
maintenance, repair and hosting of the System. In addition, as necessary, Consumers Energy will
coordinate with Customer to capture kilowatt-hour (“kWh”) pulses from Customer’s primary utility meter
to provide Customer near real-time, Internet-enabled power monitoring.
6. System. Consumers Energy may equip one or more of Customer facility addresses (each address is
referred to as a “Site Address”) as identified on the Site Address Attachment attached hereto with the
System, which includes site devices owned by Consumers Energy that can enable direct load
management, power metering, data collection, near real-time data communication, and Internet-
based reporting and analytics. There shall be no cost to the Customer associated with the System
equipment or installation of the System equipment.
7. Customer Support Requirements.
a. Representations and Warranties. Customer holds all applicable licenses and/or permits pursuant to
the Agreement that are required for the proper participation in the Program.
b. Demand Response Performance. Customer has the intent and ability to generate and/or reduce
electrical demand to achieve Accepted Capacity (as defined below) at each Site Address when
notified by Consumers Energy Demand Response Events.
c. Acceptance Testing. At each Site Address where the site devices are installed, Customer agrees to
collaborate with Consumers Energy in a timely manner in testing, enabling and maintaining the
System.
d. Energy Reduction Plan. Customer must provide to Consumers Energy their Energy Reduction Plan
describing the equipment and steps that will be taken to meet their curtailment nomination.
8. Program Rules. The terms of this Agreement reflect the current Program terms and conditions, which may
be amended from time to time by Consumers Energy. The current terms are summarized below:
Program Availability During the Program period of June 1 – September 30, emergency events
could be called at any time Monday through Friday between 11 am and
7 pm in response to Midcontinent Independent System Operator, Inc.
(“MISO”) reliability emergencies (“Emergency Event(s)”). Customer is
required to participate in any Emergency Event called by MISO.
Event Frequency and Duration Emergency Events – Up to five (5) events during the Program Period, each
up to four hours each.
Advanced Notification Emergency Events – Customer will receive at least a thirty (30) minute but
no more than a twelve (12) hour notice in advance of an Emergency
Event. Customers are advised to estimate load reduction capability over
a twelve (12) hour timeframe for planning purposes.
Form 1569 5-2019 2020 Season – Emergency with Generator Page 2 of 8
Dispatch Readiness Test After Customer’s Energy Reduction Plan has been reviewed by Consumers
Energy and Customer’s site installation has been completed, Customer will
receive an email from Consumers Energy asking Customer to select a date
to participate in a thirty (30) minute Dispatch Readiness Test of Customer’s
Energy Reduction Plan. The Dispatch Readiness Test is optional to the
Customer but recommended by Consumers Energy.
Audit Consumers Energy may call one (1), one-hour audit (“Audit”) per
Program Period to confirm Contracted Capacity (as defined below). If
called, this audit is required as the Customer’s program payment will be
determined by performance.
Online Portal Customer will have access to an online portal “Dashboard” where
Customer can monitor their performance during both an Emergency and
Economic Event. Portal will be activated before the season starts on June
1 and will remain active until the season concludes on September 30.
9. Customer capacity.
a. Contracted Capacity. For purposes of this Agreement, “Contracted Capacity” shall represent the
Customer’s performance obligation (in kilowatts (“kW”). The Contracted Capacity shall be based on
an analysis of Customer’s prior summer consumption data and pre-enrollment load reduction testing.
b. Delivered Capacity. For purposes of this Agreement, an event’s “Delivered Capacity” shall be
defined as the amount of load in kW reduced for each hour in a Demand Response Event.
Delivered Capacity for each event hour is calculated as the difference between the measured
energy demand and the baseline energy demand. Consumers Energy will use a MISO-approved
baseline calculation method. MISO’s default baseline is the Ten Day Baseline. The Ten Day Baseline
is calculated as the average hourly demand from the previous ten (10) non-weekend non-holiday
non-event days prior to the event. Customer is required to reduce the full amount specified as
Contracted Capacity for the hourly average of an emergency event. An alternative baseline may
be used, so long as it is pre-approved by MISO.
10. Environmental. In order for the engine to be considered an emergency stationary engine under 40 CFR
Part 60 Subpart IIII, 40 CFR Part 60 Subpart JJJJ and/or 40 CFR Part 63 Subpart ZZZZ any operation other
than emergency operation, maintenance and testing, emergency demand response, and operation
in non-emergency situations for up to 50 hours per calendar year, as described in the applicable
regulation(s), is prohibited. If Customer does not operate the engine according to these requirements,
the engine will not be considered an emergency engine and must meet all requirements for non-
emergency engines in the applicable regulations.
Emergency Demand Response Events per this contract are considered non-emergency situations (not
to exceed 50 hours per calendar year). Power supplied as part of a financial arrangement with
Consumers Energy must meet all of the following conditions:
a. The engine is dispatched by the local balancing authority or local transmission and distribution
system operator.
b. The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert
potential voltage collapse or line overloads that could lead to the interruption of power supply in a
local area or region.
c. The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC,
regional, state, public utility commission or local standards or guidelines.
d. The power is provided only to the facility itself or to support the local transmission and distribution
system.
Form 1569 5-2019 2020 Season – Emergency with Generator Page 3 of 8
e. The owner or operator (Customer) identifies and records the entity that dispatches the engine and
the specific NERC, regional, state, public utility commission or local standards or guidelines that are
being followed for dispatching the engine. The local balancing authority or local transmission and
distribution system operator may keep these records on behalf of the engine owner or operator.
11. Payments to Customer.
a. Emergency Capacity Payments. Consumers Energy will pay Customer an Emergency Capacity
Payment price of $25/kW (“Capacity Rate”) of Contracted Capacity capped at 120% per Program
Period as defined in section 9(b) above for a one (1) year contract; $26/kW for a two (2) year
contract, $27/kW for a three (3) year contract and $28/kW for a four (4) year contract. Consumers
Energy will pay Customer the Capacity Rate multiplied by the Contracted Capacity. The Capacity
Payment will be made within sixty (60) days of the Effective Date of the Agreement by both Parties.
b. Emergency Event Energy Payments. In Program Periods when one or more Emergency Events are
called, Consumers Energy will pay Customer an energy payment of $50/MWh multiplied by the
event’s Delivered Capacity multiplied by the hours for each such event as defined in section 9(b)
above.
c. Underperformance. If Customer fails to deliver their total Contracted Capacity for an Emergency
Event ordered by Consumers Energy, as provided for in this Agreement, the following shall occur: (i)
Customer shall be assessed the real time commodity price ($/MWh), as determined by the MISO
Midwest Energy Market, for the kW curtailment which was underperformed per event; and (ii)
Customer’s future Contracted Capacity will be reduced to the amount of load reduced during the
Emergency Event for the balance of this Agreement.
12. Payment Timing. After an Emergency Event and Customer’s Delivered Capacity has been verified,
Consumers Energy shall make Emergency Event Energy Payments for Customer’s participation by the
issuance of credits to the Customer’s bill.
13. Cancellation. Customer may cancel this Agreement any time before December 31, 2019. Cancellation
requests must be submitted in writing to: ConsumersEnergy.DemandResponseProgram@cmsenergy.com.
If Customer cancels after program equipment has been installed, Customer will incur a cancellation fee
of $300.
14. Confidentiality.
a. Nondisclosure to Third Parties. In performing under the Agreement, each Party to this Agreement will
be exposed to certain Confidential Information (as hereinafter defined) of the other Party. Each Party
on its own behalf and on behalf of its employees, contractors and agents (collectively,
“Representatives”) agrees not to, except as required by applicable law or regulation, use or disclose
such Confidential Information without the prior written consent of the other Party, either during or
after the Term. To protect Confidential Information, each Party agrees to: (i) limit dissemination of
Confidential Information to only those Representatives having a “need to know”; (ii) advise each
Representative who receives Confidential Information of the confidential nature of such information;
and (iii) have appropriate agreements, policies and/or procedures in place with such
Representatives sufficient to enable compliance with the confidentiality obligations contained
herein. The term “Confidential Information” means all information which is disclosed, either orally or in
written form, by either Party or its Representatives and shall be deemed to include: (w) any notes,
analyses, compilations, studies, interpretations, memoranda or other documents prepared by either
Party or its Representatives which contain, reflect or are based upon, in whole or in part, any
Confidential Information furnished to a receiving Party or its Representatives pursuant hereto; (x) any
information concerning the business relationship between the Parties; and (y) Customer Data.
b. Exclusions from Confidential Information. Notwithstanding the obligations in Section 14(a) above,
Confidential Information does not include any information that:
Form 1569 5-2019 2020 Season – Emergency with Generator Page 4 of 8
i. is or becomes generally known to the public without breach of any obligation owed to the
disclosing Party;
ii. was known to the receiving Party prior to its disclosure by the disclosing Party without breach of
any obligation owed to the disclosing Party;
iii. is received from a third party without the receiving party having any knowledge of any breach by
such third party of any obligation owed to the disclosing Party; or
iv. was independently developed by the receiving Party without reference to or reliance upon the
disclosing Party’s Confidential Information.
15. Limitation of Liability. Consumers Energy’s and its contractors’ and subcontractors’ liability hereunder is
limited to direct actual damages as the sole and exclusive remedy, and total damages under the
Agreement shall not exceed $100,000 or the total amounts paid to Consumers Energy under the
Agreement, whichever is less. In no event shall either Party, its parent, officers, directors, partners,
shareholders, employees or affiliates, or any contractor or subcontractor or its employees or affiliates, be
liable to the other Party for special, indirect, exemplary, punitive, incidental or consequential damages of
any nature whatsoever connected with or resulting from performance or non-performance of obligations
under the Agreement, including without limitation, damages or claims in the nature of lost revenue,
income or profits, loss of use, or cost of capital, irrespective of whether such damages are reasonably
foreseeable and irrespective of whether such claims are based upon negligence, strict liability contract,
operation of law or otherwise.
16. Additional Terms.
a. Customer also agrees, with respect to Consumers Energy’s management of the System, it:
i. receives a limited, revocable, non-transferrable and non-exclusive right to use and access
during the Term the System and shall use the System solely for its internal use subject to the terms
of the Agreement and not for the benefit of any third party. Except as expressly permitted in the
Agreement, Customer agrees that it shall not receive any right, title or interest in, or any license
or right to use or access, the System or any patent, copyright, trade secret, trademark or other
intellectual property rights therein by implication or otherwise;
ii. shall use the System in accordance with all applicable law;
iii. shall not and shall prohibit causing or permitting, the copying, reverse engineering, disassembly,
decompilation or attempting to derive the source code of the System, or other intellectual
property of Consumers Energy or creation of any derivative work thereof;
iv. expressly disclaims any passing of title to the System, any trade names, trade dress, trademarks,
service marks, commercial symbols, copyrightable material, designs, logos and/or any other
intellectual property of Customer;
v. shall not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks
from the System and to use reasonable care to prevent the System and Consumers Energy’s
intellectual property rights contained in the software from damage and unauthorized use.
b. Miscellaneous. Customer may not assign any of its rights or delegate any of its performance
obligations hereunder without the prior written consent of Consumers Energy. The Agreement,
including all attachments, constitutes the entire agreement between Customer and Consumers
Energy and may only be amended in writing signed by each of the Parties. If any of its provisions shall
be held invalid or unenforceable, this Agreement shall be construed as if not containing those
provisions and the rights and obligations of the Parties hereto shall be construed and enforced
accordingly. This Agreement shall be binding upon the Parties together with their successors and
permitted assigns. Each Party shall be responsible for its Representatives’ compliance with the
Form 1569 5-2019 2020 Season – Emergency with Generator Page 5 of 8
Agreement. Customer shall promptly notify Consumers Energy in writing of any changes occurring
during the Term to the Customer address(es) set forth in this Agreement.
c. Force Majeure. The Parties to this Agreement shall be excused from any failure or delay in the
performance of their obligations if such obligations are prevented from being fulfilled due to Force
Majeure. A Party unable to fulfill any obligation hereunder (other than an obligation to pay money
when due) by reason of Force Majeure, shall give notice and the full particulars of such Force
Majeure to the other Party in writing or by telephone as soon as reasonably possible after the
occurrence of the cause relied upon. Telephone notices given pursuant to this article shall be
confirmed in writing as soon as reasonably possible and shall specifically state full particulars of the
Force Majeure, the time and date when the Force Majeure occurred and when the Force Majeure is
reasonably expected to cease. The Party affected shall exercise due diligence to remove such
disability with reasonable dispatch, but shall not be required to accede or agree to any provision not
satisfactory to it in order to settle and terminate a strike or other labor disturbance. A “Force Majeure”
shall include any act, event, or occurrence beyond the Party’s reasonable control, which the Party,
despite its best efforts, is unable to prevent, avoid, overcome, delay or mitigate, including but not
limited to: floods, epidemics, earthquakes, quarantine, blockade, war, insurrection or civil strife or
terrorism, provided, however, that Force Majeure shall in no event include (i) failure of Subcontractors
or Suppliers to deliver services, materials or components or receipt from any Subcontractor or Supplier
of defective services, material or components unless same were themselves caused by a Force
Majeure Event; (ii) technological impossibility; (iii) a governmental act or failure to act, or order or
injunction, caused by any act or failure to act of the Seller or any Subcontractor or Supplier; (iv) strikes
or work stoppages; or (v) inclement weather.
d. Warranty Limitations. THE SYSTEM (AND ANY SOFTWARE, HARDWARE, OR OTHER COMPONENT
THEREOF) AND ALL SERVICES HEREUNDER ARE PROVIDED AS IS BY CONSUMERS ENERGY WITHOUT ANY
WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
e. Governing Law; Actions; Etc.: This Agreement shall be deemed a Michigan contract and shall be
governed by and interpreted in accordance with the laws of the State of Michigan; excluding any
conflicts of laws principles that would result in this Agreement being interpreted in accordance with
any different law. Venue for any lawsuit arising out of or in connection with this Agreement shall be
exclusively in the courts of the State of Michigan or a Federal court sitting in the State of Michigan.
Any legal action against Consumers Energy relating to this Agreement or the breach thereof shall be
commenced within one year from the date on which the claimed breach, default or other cause of
action arose (and, without limiting the foregoing, in all events not later than one year after the date
of completion or other cessation of performance of the work hereunder). This Agreement is intended
for the benefit of the parties herein only and does not grant any rights to any third parties unless
otherwise specifically stated herein. If Customer defaults in the timely performance of any of its
obligations hereunder, then Consumers Energy may, at its option, and in addition to any and all other
rights or remedies it may have hereunder or at law or equity, terminate this Contract by written notice
to Customer.
Form 1569 5-2019 2020 Season – Emergency with Generator Page 6 of 8
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this Agreement by
their authorized representatives as of the Effective Date.
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
(Customer)
By: By:
(Signature) (Signature)
JJ Carpenter
(Print or Type Name) (Print or Type Name)
7/23/2019
(Date) (Date)
Form 1569 5-2019 2020 Season – Emergency with Generator Page 7 of 8
SITE ADDRESS ATTACHMENT
SITE ADDRESSES
CONTRACT ESTIMATED
ACCOUNT METER CAPACITY
SITE NAME SITE ADDRESS NUMBER NUMBER (kW)
CITY OF MUSKEGON 1900 BEACH ST MUSKEGON, MI 49441 100000360717 80042878 kW
Form 1569 5-2019 2020 Season – Emergency with Generator Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/2019 Title: Establish Policy and Application for Block
Parties
Submitted By: LeighAnn Mikesell Department: Planning
Brief Summary: Staff is seeking to establish a policy, application, and fees to allow for block parties
which close city streets. The goal is to encourage neighborhood cohesion while placing reasonable
restrictions to ensure safety and minimize risk for complaints.
Detailed Summary: To establish a block party policy, application, and associated fees.
APPLICATION *Application fee may be refunded if the application is denied by the city.
$50*
FEE Application fee will not be refunded if event is cancelled by the applicant.
CLEANING FEE **Will be charged to the applicant after the event if city property is not returned to its
$60/hour**
If required original condition and/or trash is left on city property.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s):
Recommended Motion: Approve the block party policy, application, and fees as proposed.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
BLOCK PARTY POLICY
2020
The City of Muskegon has 15 distinct neighborhoods and encourages
neighbors to build community. Block party-type events involving the closure of
any portion of a city street require a Block Party Permit. While there are several
City departments involved in the approval process, this policy centralizes the
administration of block party events with the City’s Planning Department.
Consumption of alcohol beverages on any public property including streets, terraces, and
sidewalks is strictly prohibited.
BLOCK PARTY APPLICATION PROCEDURE
I. Application Submission & Fees
Applications shall be filed with the Planning Department at least thirty (30) days prior to the
Block Party date. Applications will be accepted between April 1 and September 30 of each year for
block parties to be held in that same calendar year. Block parties will be allowed May 1 through
October 31 only. The application fee must be paid at the time the application is submitted.
The Block Party Application fee is $50.00.
The Application shall be submitted in writing on the appropriate form. The application fee
must be paid at the time of Application submission. The cleaning fee, if applicable, must be paid
within 30 days of the invoice date. The CITY OF MUSKEGON BLOCK PARTY APPLICATION form
can be found on the City’s website at www.muskegon-mi.gov, or you may call 231.724.6702 to have
one mailed/e-mailed to you, or visit the Planning Department on the 2nd floor of City Hall, Monday –
Friday from 8:30 am. until 5:00 p.m. excluding holidays.
II. Block Party Application Processing
(a) Application Intake. Planning Department staff shall be responsible for intake of Block
Party Applications and dissemination to appropriate City staff for review and approval. The
application fee and signed Block Party Petition must be submitted with the application.
(b) Approval. The City will issue an approval or denial no later than 20 days after the
application date whenever possible. You will be provided with a signed, approved permit which you
should keep available during the block party. Any approval is granted for the date and time specified
only. No alternate dates or times are permitted without submitting an additional application and fee.
(c) Application Denial. Where City staff reviews an Application and denies same, it shall
state in writing the reasons for the denial.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City may result in
denial of the application and/or future requests.
III. Event Requirements
All permittees must adhere to the following rules and regulations. Failure to do so may result in the
applicant being held responsible for any damages and/or denial of future applications.
(a) Applicant. The applicant must reside on the block and is responsible for the event
including obtaining and returning barricades, set up and removal of barricades, cleanup of the public
right of way, and maintaining a 10-foot wide clear lane for emergency vehicles.
(b) General Conditions. The Block Party may take place during daylight hours only. No
admission fees may be charged. Entertainment must not interfere with neighbors who do not live on
-1-
the block. All participants must comply with all local, state, and federal laws, codes, and regulations.
No parked or moving vehicles shall be located within the venue during the event. Block Party
applications will be considered once per year per block. The city limits Block Parties to five per year
per neighborhood.
(c) Block Party Petitions. All residents on the block must be contacted before the application
is submitted. For multi-unit dwellings/apartments, each unit must be contacted. At least 51% of the
residents on the block must be in favor of the party and must complete and sign the “Block Party
Petition” form.
(d) Street Closure. Block parties may only be held on local streets approved by the City
Engineer. Only one block may be closed for one day for each Block Party. The street must be
accessible to emergency vehicles and personnel at all times. No block parties will be approved on
major streets or bus routes. Approved special events, planned road work, and other factors will be
considered when reviewing applications. The applicant must make access arrangements for
businesses and residents on the street to be closed, and all sidewalks must remain open for public
use. Barricades may be put in place to close streets up to 2 hour(s) prior to start of event, to allow for
set-up. The street must be clean, free of equipment, and restored to public access with the
barricades removed within one hour of the conclusion of the Block Party.
(e) Barricades. City-owned barricades are to be used for all street closures. No other items
can be used to block the street. Barricades must be used during daylight hours only, and must be
easily removed for access by emergency vehicles. The applicant must pick up and return barricades
to the Department of Public Works, 1350 E. Keating Avenue. Costs to replace or repair any damaged
barricades will be invoiced to the applicant.
(f) Damages. The city reserves the right to charge the applicant for costs relating to damages
to city property and/or equipment.
(g) Inflatables. Inflatables, tents, and other items requiring staking are strictly prohibited on
city property, including the roadway, sidewalks, and terraces (the area between the street and
sidewalk).
(h) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of
City property after the event. This includes the removal of trash from the site (do not leave full trash
cans on site). The City shall have the right to enforce cleanup measures, including but not limited to
entry and cleaning of property by City personnel with costs charged to the property owner or event
applicant. The fee for clean-up done by city personnel is $60.00 per hour.
(i) Noise. Block Party participants must comply with the city’s noise ordinance. Applicants
are instructed to be particularly mindful of parties near churches, schools, hospitals, and other
properties more sensitive to noise.
(j) Liability Insurance. The applicant must provide proof of $300,000 liability insurance
coverage naming the City of Muskegon as an additional insured. You may use an insurance agent of
your choice. Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all
boards, commissions and/or authorities and board members, including employees and
volunteers thereof; it is understood and agreed that by naming the City of Muskegon as
additional insured, coverage afforded is considered to be primary and any other insurance the
City of Muskegon may have in effect shall be considered secondary and/or excess.”
An acceptable certificate of insurance must be submitted no later than 10 days before the event date.
(k) Compliance with all regulations. Block Party applicants/organizations are responsible to
ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances,
rules and regulations may result in the denial of future block party requests.
-2-
BLOCK PARTY – QUICK REFERENCE GUIDE
* BEFORE *
1. Review the City’s “Block Party Policy”.
2. Make sure your proposed location is not on a restricted
street (no major streets or bus routes).
3. Contact an insurance agent to obtain a liability insurance
policy covering your event.
4. Contact all neighbors on the affected block and obtain the
required signatures on the “Block Party Petition”
5. Complete the “Block Party Application”.
6. Visit the Planning Department in City Hall (room 202) to
submit the application, fee, signed petition, and proof of
liability insurance.
You will be notified of application approval or denial within 20
days of application submission
7. Pick up barricades from the Department of Public Works
building at 1350 E Keating Ave. between 9:00 AM and
3:00 PM Monday through Friday, excluding holidays.
Note that they are not open on Saturday or Sunday!
* DURING *
1. Have your signed/approved Block Party Permit available
2. Make sure no vehicles are parked in the block party area
3. Set up barricades at both ends of the block – you may set
out barricades up to 2 hours before event start time.
4. Maintain a 10-foot clear lane for emergency vehicles
* AFTER *
1. Make sure all trash is picked up and removed from
the area
2. Remove street barricades
3. Return barricades to Department of Public Works building
-3-
2020 CITY OF MUSKEGON BLOCK PARTY APPLICATION
An application is required for any Block Party using City property. The application and fee must be submitted
to the City of Muskegon Planning Department at least 30 days prior to the Block Party.
Return completed application with payment to the City of Muskegon Planning Department,
P.O. Box 536, 933 Terrace St., Muskegon, MI 49443-0536. Telephone: 231.724.6702
►BLOCK PARTY FEES
*Application fee may be refunded if the application is denied by the city.
APPLICATION FEE $50* Application fee will not be refunded if event is cancelled by the applicant.
CLEANING FEE **Will be charged to the applicant after the event if city property is not returned to its
$60/hour** original condition and/or trash is left on city property.
If required
► I. BLOCK PARTY SUMMARY
NEIGHBORHOOD
BLOCK PARTY DATE
Must be between May 1 and October 31
START: END:
TIME OF BLOCK PARTY
Start and end times must be during daylight hours
STREET TO BE CLOSED
STREET NAME:
BETWEEN WHICH STREETS
(limited to one block only)
STREET NAME:
► II. APPLICANT INFORMATION
APPLICANT / RESPONSIBLE
PARTY’S NAME
APPLICANT ADDRESS
APPLICANT PHONE NO(s).
APPLICANT E-MAIL ADDRESS
CONTACT NAME & PHONE
NUMBER DURING EVENT
Representative must be on site and available during event hours
► III. LIABILITY WAIVER
APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a
claim or file a lawsuit against the City arising out of the use of City property.
Use of City facilities is at your own risk, with participants exercising his/her own free choice to participate
voluntarily in this activity, and participants assume responsibility for any and all such risks and dangers.
Page | 1
► IV. REQUIREMENTS OF THE BLOCK PARTY PERMIT
1. Applicant shall comply with all rules and regulations of the City of Muskegon Block Party Policy.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. Applicant shall save the City of Muskegon harmless from all claims.
4. At least 51% of the residents on the block must be in favor of the party and must sign the petition.
5. City property will be left clean and free of litter. Failure of the applicant to satisfactorily clean the
site may result in the City cleaning the site and billing the applicant for its services.
6. The City reserves the right to deny changes to the application once final approval is given.
7. Failure to provide any requested information in a timely manner or providing false information may
result in denial or revocation of the block party permit.
With my signature, I certify that I have read and agree to the City of Muskegon Block Party Policy
and all items listed on this application. I further certify that I have contacted all households
and/or businesses on the affected block and have obtained their signatures on the Block Party
Petition form which is included with this application.
I agree to abide by all applicable ordinances & regulations.
______________________________________________________________________________________
Signature of Applicant Date
Thank you for helping us help you make your event safe and successful.
Block party application submission
checklist:
_____ City of Muskegon Block Party Application
_____ $50 application fee
_____ Block Party Petition with neighbor signatures
_____ Copy of Liability Insurance Policy
CITY STAFF USE ONLY:
Approved by:
___________________________________________________________________ ________________________
Name Date
___________________________________________________________________
Title
Page | 2
City of Muskegon
BLOCK PARTY PETITION
APPLICANT’S NAME(S)
BLOCK PARTY DATE
Must be between May 1 and October 31
START: END:
TIME OF BLOCK PARTY
Start and end times must be during daylight hours
STREET TO BE CLOSED
STREET NAME:
BETWEEN WHICH STREETS
(limited to one block only)
STREET NAME:
We, the undersigned, have been notified that the applicant(s) listed above is/are organizing a block
party to be held on the street I/we live on. By signing this petition, I/we indicate that we are not opposed
to the event and understand that that the street listed above will be closed to vehicular traffic during the
times of the party shown above.
Printed name & signature of block resident Address
1.________________________________________________________ _____________________________
2.________________________________________________________ _____________________________
3.________________________________________________________ _____________________________
4.________________________________________________________ _____________________________
5.________________________________________________________ _____________________________
6.________________________________________________________ _____________________________
7.________________________________________________________ _____________________________
8.________________________________________________________ _____________________________
9.________________________________________________________ _____________________________
10._______________________________________________________ _____________________________
11._______________________________________________________ _____________________________
12._______________________________________________________ _____________________________
13._______________________________________________________ _____________________________
14._______________________________________________________ _____________________________
Use back of sheet for additional signatures if necessary.
If you have concerns about the City of Muskegon approving this block party or if you have questions about the
block party permitting process, please contact the Planning Department at (231) 724-6702.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: Rezoning of 1713 7th St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to rezone the property at 1713 7th St from I-2, Heavy
Industrial to B-4 General Business and MC, Medical Care. This area is categorized by many
different uses. In addition to residential homes, the Rescue Mission, Norchuck Supply, Keene
Lumber, a carpentry shop and other small businesses are located in the direct vicinity. Staff feels
that downzoning from heavy industrial to general business is appropriate for this neighborhood
Detailed Summary: The Planning Commission unanimously recommended approval at their
September meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the rezoning from I-2, Heavy Industrial to B-4 General
Business and MC, Medical Care.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt:
STAFF REPORT
September 12, 2019
Hearing, Case 2019-23: Staff initiated request to rezone the property at 1713 7th St from I-2, Heavy
Industrial to B-4 General Business and MC, Medical Care (northeast corner of property).
SUMMARY
1. The property measures 2.7 acres and is zoned I-2, General Industrial.
2. Park Street Storage, which was demolished in 2018, was previously located on this site. The City
now owns the property.
3. The City has been working with Catholic Charities of West Michigan on a land swap deal that
would give this property to them and they would give their current building at the corner of
3rd/Houston to the City. Catholic Charities of West Michigan would use this new property to
construct a new office building (in the area zoned B-4) and also a rehab center (in the area zoned
MC). The City would work with developers to create a mixed-use development on the corner of
3rd/Houston.
4. This area is categorized by many different uses. In addition to residential homes, the Rescue
Mission, Norchuck Supply, Keene Lumber, a carpentry shop and other small businesses are
located in the direct vicinity. Staff feels that a downzoning from heavy industrial to general
business is appropriate for the neighborhood.
5. Please see the zoning ordinance excerpts for I-2, B-4 and MC districts.
1713 7th St
Depiction of how parcel would be rezoned. Outline near 7th/Dale would be MC, Medical Care.
The rest of the parcel would be B-4, General Business.
Zoning Map
Aerial View
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1713 7th St from I-2,
General Industrial to B-4, General Business and MC, Medical Care.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1713 7th St from I-2, General
Industrial to B-4, General Business and MC, Medical Care.
CITY OF MUSKEGON REVISED PLAT OF 1903 COM E LN BLK 450 AT POINT 10 FT S OF NE COR LOT
9 FOR POB TH W ALONG CL OF 20 FT VAC ALLEY 174.35 FT TO POINT IN CL 9 FT E OF E LN LOT 6
SD BLK 450 & 10 FT S OF NE COR LOT 6 SD BLK 450 (SD VAC ALLEY REFERRED TO: RNG E/W
FROM SEVENTH ST TO E LN LOT 6 BLK 450) TH N ALNG CL OF VAC ALLEY RNG N/S FROM DALE
AVE THRU BLK 450 259.21 FT TO S LN DALE AVE TH E 174.45 FT TO E LN BLK 450 TH S ALNG E LN
SD BLK 258.95 FT TO POB -BEING ALL LOTS 10-14 BLK 450 INCL E 1/2 VAC ALLEY ABUTTING SD
LOTS & N 1/2 OF VAC ALLEY RNG E/W ABUTTING LOT 10 BLK 450 ALSO COM E LN BLK 450 AT
POINT 10 FT S OF NE COR LOT 9 SD BLK FOR POB TH S ALONG E LN SD LOT 9 & LOT 8 SD BLK &
ALONG E LN IF EXTENDED S 110.08 FT TH W PAR WITH S LN SD BLK 450 186.7 FT TH N PAR WITH E
LN SD BLK 450 64.3 FT TH W 13.25 FT TH N PAR WITH E LN SD BLK 2.15 FT TH W 148.72 FT TO W LN
SD BLK AT A POINT 303.27 FT TO NW COR SD BLK TH N ALNG W LN SD BLK 450 303.27 FT TO NW
COR SD BLK 450 TH E ALNG N LN 174345 FT TO CL OF VAC ALLEY RNG N/S FROM DALE AVE THRU
SD BLK 450 TH S ALNG CL SD ALLEY 259.21 FT TO POINT ON CL VAC ALLEY SD CL BEING 9 FT E
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 1713 7th St from I-2 to B-4 and MC)
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 24th day of September, 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 September 24, 2019, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 1713 7th St from I-2 to B-4 and
MC:
CITY OF MUSKEGON REVISED PLAT OF 1903 COM E LN BLK 450 AT POINT 10 FT S OF NE COR LOT
9 FOR POB TH W ALONG CL OF 20 FT VAC ALLEY 174.35 FT TO POINT IN CL 9 FT E OF E LN LOT 6
SD BLK 450 & 10 FT S OF NE COR LOT 6 SD BLK 450 (SD VAC ALLEY REFERRED TO: RNG E/W
FROM SEVENTH ST TO E LN LOT 6 BLK 450) TH N ALNG CL OF VAC ALLEY RNG N/S FROM DALE
AVE THRU BLK 450 259.21 FT TO S LN DALE AVE TH E 174.45 FT TO E LN BLK 450 TH S ALNG E LN
SD BLK 258.95 FT TO POB -BEING ALL LOTS 10-14 BLK 450 INCL E 1/2 VAC ALLEY ABUTTING SD
LOTS & N 1/2 OF VAC ALLEY RNG E/W ABUTTING LOT 10 BLK 450 ALSO COM E LN BLK 450 AT
POINT 10 FT S OF NE COR LOT 9 SD BLK FOR POB TH S ALONG E LN SD LOT 9 & LOT 8 SD BLK &
ALONG E LN IF EXTENDED S 110.08 FT TH W PAR WITH S LN SD BLK 450 186.7 FT TH N PAR WITH E
LN SD BLK 450 64.3 FT TH W 13.25 FT TH N PAR WITH E LN SD BLK 2.15 FT TH W 148.72 FT TO W LN
SD BLK AT A POINT 303.27 FT TO NW COR SD BLK TH N ALNG W LN SD BLK 450 303.27 FT TO NW
COR SD BLK 450 TH E ALNG N LN 174345 FT TO CL OF VAC ALLEY RNG N/S FROM DALE AVE THRU
SD BLK 450 TH S ALNG CL SD ALLEY 259.21 FT TO POINT ON CL VAC ALLEY SD CL BEING 9 FT E
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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 24, 2019 Title: Community Relations Committee
Recommendations
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: Staff is seeking approval of the recommendations by the Community
Relations Committee to accept the resignations of Scott Banninga from the
CDBG/Citizen’s District Council-Citizen representing Ward 2 and Clyde Whitehouse-
Business Improvement District-Assessed property owner and to accept the appointment of
Kathy Dennison to the Business Improvement District.
Detailed Summary:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To concur with the recommendations of the Community Relations
Committee and approve the resignations and appointment.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: CAPER 2018
Submitted By: Oneata Bailey Department: Community & Neighborhood
Services
Brief Summary: Request to conduct a Public Hearing of the 2018 Consolidated Annual Performance
Evaluation Report (CAPER) for projects funded with CDBG and HOME HUD
Entitlements to the City of Muskegon, Community & Neighborhood Services
Department.
Detailed Summary:
https://www.muskegon-mi.gov/cresources/CAPER%202019-2020.pdf
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To close the public hearing and submit the 2018 CAPER including any public
comments received during the 20 day comment period ending September 27, 2019.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 24, 2019 Title: Royale Glen Partnership
Submitted By: Frank Peterson Department: City Manager
Brief Summary: The owner of Royale Glen are requesting a five-year term extension and a 3
percentage point reduction in the annual PILOT Payments at Royale Glenn Apartments. In
exchange, the ownership group is committing to invest $600,000 in apartment
upgrades/improvements and $156,000 for improvements at Campbell Field.
Detailed Summary: Campbell Field previously housed the West Little League program. Over the
past 20+ years, local participation in little league baseball has waned significantly. As a result,
Campbell Field has only one field that is properly maintained by Muskegon Catholic Central, and
three fields that are poorly maintained for the majority of the year. Staff is proposing that the three
unmaintained fields be removed, and the space be reforested with appropriate trees. Additionally,
the current playground would be removed and replaced, and a walking trail would be added,
connecting Royale Glen Apartments to the new playground. Royale Glen is home to many families
with children that would benefit from additional access to the park as well as the upgrades to the
rental units. We envision Campbell Field eventually functioning similarly to Seyferth Park. The
park project would be at least partially financed by a $156,000 contribution from Royale Glenn
Apartments. Any costs above that amount would be financed by the City’s General Fund. The
PILOT reduction is expected to cost the city approximately $5,500 annually. If this is agreeable to
Commissioners, staff will begin engaging the neighborhood relative to their desires for the park.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize staff to negotiate an amendment to the Royale Glen PILOT
Agreement to include an extension to April 1, 2030, a 1% City Service Fee, 1% PILOT Fee, and a
requirement to invest at least $600,000 in capital maintenance at Royale Glen and at least
$156,000 in capital improvements at Campbell Field Park..
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 24, 2019 Title: Construction Agreement – Clark
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking authorization to enter into the construction management
agreement with Clark Construction for the construction of the Downtown Convention Center. The
Construction costs are $17,203,211, which is on target with the latest engineer estimate and will
keep the entire project within the current $19.4 Million budget.
Detailed Summary: The convention center will be funded via a 30-year general obligation bond,
which is expected to be issued in October. The annual payments, currently estimated at
$1,050,000 annually will be paid via the terms of a development agreement that sets aside hotel
room revenues to meet the debt obligations. Staff is recommending that Clark not be obligated to
obtain a performance bond as part of this project, as all subcontractors have completed
background evaluations and staff is confident in their respective ability to perform.
Amount Requested: $17,203,211 Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s):
Recommended Motion: Waive the performance bond requirements for the Convention Center
Project, authorize the Construction Management Contract with Clark Construction in the amount of
$17,203,211, and authorize the Mayor to sign the contract.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
EXHIBIT A -
Clarifications/Assumptions
August 30, 2019
Muskegon Convention Center EXHIBIT A
Basis of Estimate for GMP
PROJECT SCOPE
1. This document is an outline of the assumptions and clarifications made for this
Construction Drawing Set estimate on drawings and specifications from
Progressive AE (“PAE”) as listed below under the Document List.
2. A Design Development (“DD”) estimate was submitted on 2/12/19 for team review
based on the PAE Design Development Drawings dated 1/21/19.
a. The original DD Estimate included $18,340,882 in direct estimate construction
costs and a total (including Contingency, supervision/GC’s/fee/etc.) of
$20,398,218.
b. A team VE session was held in April 2019 with the PAE, Construction Simplified
(“CS”), and Clark (“CCC”) team to propose, estimate, and review potential
scope changes and/or reductions. Based upon the items identified on the
“190408 CS Tracking Story” summary from the meeting, the team agreed to a
scope and design that was estimated as having a total project cost of
$17,219,469. The directive to the design team was for the design progression
to include the items agreed to as part of this VE session.
3. Clark issued the following Bid Packages as part of the procurement process:
a. Bid Package #1 – Hotel chiller relocation, dated 3/7/19
b. Bid Package #2 – Earthwork / Utilities & Hotel Electrical, dated 6/26/19
c. Bid Package #3 – Concrete Foundations / Flatwork, Site Concrete, dated
7/8/19
d. Bid Package #4 – Balance of Work, dated 8/12/19
DOCUMENT LIST
1. PAE drawings as noted in Exhibit G – List of Documents, attached
2. PAE specifications as noted in Exhibit G – List of Documents, attached
BASIS OF ESTIMATE
1. The following items are included per the Construction Documents or specified
allowances
a. Stabilization of existing Delta Hotel (formerly Holiday Inn Muskegon)
foundations
b. Reinforcing of LC Walker Arena roof as shown and as required to support
additional snow loading
c. Remove and repair roofing as needed for LC Walker Arena
d. Selective demolition of items “D01-D18” for LC Walker Arena retrofitting work
1|Page
Muskegon Convention Center
e. Snow melt system, piping, manifold, skid, and associated equipment for a
complete system
f. The convention center will have a stand-alone Fire Alarm system and will not
have annunciation capabilities to communicate with either the LC Walker Arena
or adjacent Delta Hotel (formerly Holiday Inn Muskegon)
g. Insulated metal wall panels – three (3) colors, repeating pattern
h. Low Voltage conduit/raceway only (wire/terminations by Owner)
ALLOWANCES
1. An allowance of $200,000 is included for a 3rd Street Entrance into the existing
hotel. PAE is to work to design to this budget to be procured by Clark.
CLARIFICATIONS / ASSUMPTIONS
1. No costs are included for any LEED requirements or documenting staff for LEED.
2. No BIM efforts or processes have been included.
3. All sales taxes are currently included, per direction of Owner’s Representative
4. Clark will ensure that the subcontractors participate in the commissioning-assist
process
5. Existing sprinkler system water pressure capacity is high enough to meet capacity
of design load, based on City of Muskegon calculations provided
6. Assumed normal working hours
7. Construction cleaning is included prior to turnover to owner. Final building clean
by Owner.
EXCLUSIONS
1. Exterior and Interior signage (by Owner).
2. Jockey pump and/or new fire protection service.
3. Containment/hazardous soil removal (by Owner)
4. Liquidated damages
5. Lightning protection of all existing and new buildings
6. Voice system including speakers
7. Division 27 Communications
8. Low voltage wiring
9. Card readers (by Owner)
10. Utility consumption costs during construction (by Owner)
11. Security cameras, head-end equipment and security cabling (review w/ CS)
12. Electrical feeds and fiber feeds for additional service
13. Dumpsters for Owner FF&E
14. Third party testing or commissioning (except for testing and balancing)
END OF DOCUMENT
2|Page
EXHIBIT B - GMP
Budget Summary
Muskegon Convention Center
Exhibit B - GMP Budget Summary
Client: City of Muskegon Project New Muskegon Convention Center
Location: Muskegon, MI Updated: 9/10/2019
Job Number 2811 By: DK / TW / RC
1 Building and Sitework Area Cost Total
GMP Estimate Summary
**Estimate Based on the Progressive AE Construction Drawings
Bid Pack #1 - Chiller Relocation $ 68,840
Bid Pack #2 - Site $ 1,122,861
Bid Pack #3 - Concrete $ 1,263,397
BC 1 - Soil Stabilization $ 333,000
BC 4 - Masonry $ 690,207
BC 5 - Structural Steel $ 1,745,000
BC 6 - General Trades $ 839,532
BC 7A - Metal Wall Panels $ 999,767
BC 7B - EPDM Roofing $ 600,920
BC 8 - Glass & Glazing $ 698,910
BC 9A - Metal Studs & Drywall Accoustical $ 2,403,350
BC 9B - Flooring & Wall Tile $ 677,564
BC 9C - Painting $ 170,000
BC 10 - Folding Panel Partitions $ 393,300
BC 14 - Elevators $ 190,500
BC 21 - Fire Supression $ 87,170
BC 22 - Plumbing $ 787,900
BC 23 - HVAC $ 1,272,000
BC 22/23 - Combined Bid Savings $ (86,900)
ELECTRICAL $ 1,052,500
ALLOWANCE - 3RD STREET ENTRANCE $ 200,000
ALLOWANCE - PARKING GARAGE UPGRADING COSTS $ 134,000
54,689 SF Subtotal:
$ 15,643,818
Contingency
2 Design and Estimating Contingency 0.00% $ -
Escalation Contingency 0.00% $ -
Construction Contingency $ 400,000
Buyout Contingency TBD
Subtotal:
$ 400,000
Supervision, General Conditions, Bonding, Insurances
3 General Conditions $ 136,840
Project Staffing $ 469,969
Building Permit Cost - added in 4/8/19 VE Mtg $ 111,000
CM Bond - removed via 4/8/19 VE session, approved by FP $ -
GLI Insurance (based on total project ) 0.60% 17,203,211 $ 103,219
Subcontractor Default Insurance - removed via 4/8/19 VE session, approved by FP $ -
Subtotal:
$ 821,028
Subtotal Construction Cost Subtotal:
4 $ 16,864,846
Construction Fee
5 Clark Construction Fee $ 300,000
Preconstruction Services (lump sum) $ 38,365
Subtotal:
$ 338,365
Total Construction Cost Subtotal:
6 $ 17,203,211
Potential VE Items:
Estimated Bid Bid
1 Remove operable partitions (Owner to procure later) $ (301,780)
2 Paint in leu of interior brick $ (86,200) $ (215,000)
3 Ceiling grid and pads in leu of wood ceiling $ (177,330) $ (155,000)
4 Polished concrete in leu of Terrazzo flooring $ (186,375) $ (146,650)
5 Move Generators for Hotel and Convention Center to the Ground $ (120,000) $ (120,000)
6 Reduce acoustic baffle ceiling by 1/2 $ (171,120) $ (113,500)
7 Paint in lieu of fabric wrapped wall panels $ (34,450) $ (112,850)
8 Using Carrier as approved manufacturer ILO Trane $ (100,000)
9 Relocate and reuse existing hotel generator. $ (90,000) $ (90,000)
10 Paint in lieu of wood veneer wall paneling $ (44,200) $ (60,000)
11 Paint in lieu of porcelain wall tiles $ (106,674) $ (56,340)
12 Paint in leu of wall coverings. $ (28,340) $ (40,000)
13 Standard carpet in leu of specified carpet $ (41,106) $ (34,536)
Standard steel stairs with standard railing in leu of glazed decorative
14 guardrail. $ (33,750) $ (19,800)
15 Paint in lieu of high impact wall protection $ (22,080) $ (14,550)
16 Standard finish window frame in leu of custom finish $ (32,755) $ (9,275)
17 Standard glass in leu of custom $ (87,514) $ -
Dry Fire Suppression System in exterior canopy (add to base bid if
18 $ 25,000 $ 18,062
req'd)
19 Move door 112B to column line 9, leading to MECHANICAL STAIR S3. $ (45,000) TBD
20 Resizing/relocation of mechanical room TBD
21 Add top layer of sound board to roofing system $ 25,920
22 Reduction of parking garage upgrade costs TBD
23 Reduction of 3rd St. entrance design TBD
24 Use of furring channel ILO z-girt for metal panels TBD
25 Reduction of glass into top of box into conference space TBD
26 Alternate supplier for park benches TBD
27 Flooring VE / Dean List TBD
28 Substitute operable partition fabric $ (50,200)
29 Remove subdivided operable partitions TBD
30 Use Moderco for operable partitions ILO base bid $ (91,520) TBD
$ (1,687,019)
Potential GMP Total Including Potential VE Items Subtotal:
$ 15,516,193
Items currently in the GMP Budget that were not included in original $17.2M program
Estimated
Site electric (DD budget = $25k, final bid = $273,845 $ 248,845
Added / additional generator for Hotel (per Safe-Built requirements) TBD
Steel retrofits for LC Walker $ 22,500
Steel retrofits for hotel $ 14,820
Selective demo for Delta Hotel steel retrofits TBD
Original Option #4 Combined Entry (budget: $562,954, current estimate: $996,912) $ 433,958
Post Bid Addendum 1 - concrete changes only $ 124,326
Post Bid Addendum 1 - TBD (civil, per 8/30/19 PAE discovery) TBD
Snow melt system $ 154,940
Hotel dumpster enclosure $ 33,330
Parking Garage Upgrading Costs $ 134,000
Site stabilization ($333,000 low bid) vs. jet grouting 4' only ($50,000) $ 283,000
$ 1,449,719
EXHIBIT C -
Contingency
Muskegon Convention Center Project
Clark Construction Co.
Exhibit C – Construction Contingency Definition and Use
September 10, 2019
The GMP shall include a contingency (hereinafter the “Contingency”) in an amount as defined in Exhibit
B – GMP project budget (exclusive of insurance, and bonding). Subject to the exceptions set forth in this
Exhibit C, the Contingency shall be available for Construction Manager’s use with Owner’s prior written
approval, for planned reimbursement of costs and expenses: (1) reasonably incurred by the
Construction Manager in performing the Work; (2) of a type that are reimbursable under this Agreement
as a Cost of the Work; and (3) that are not otherwise the basis for Change Order; including, by way of
example, but not limited to: (a) Work items inadvertently omitted during the estimating and bidding
process (which were reasonably inferable from the Contract Documents) by the Construction Manager,
provided Subcontractor items of work inadvertently omitted in their proposal are not to be reimbursed;
(b) schedule recovery costs associated with weather and other causes of delay that are not otherwise
compensable and not the result of actions or lack of action by the Construction Manager; (c) cost
increases due to unanticipated local labor and material conditions; (d) interfacing omissions between
and from the various categories of work; (e) additional costs incurred due to the withdrawal or
disqualification of a Subcontractor bid forming basis for the Guaranteed Maximum Price prior to
execution of a written Subcontract; and (f) additional costs incurred as a result of the failure of a
Subcontractor to perform corrective work.
No sums may be charged to the Contingency except with prior written approval of Owner, and then only
to the extent that such costs have or will be incurred by Construction Manager. Not more than five
percent (5%) of the Contingency shall be available for General Conditions Costs in excess of the base
contract General Conditions. Notwithstanding anything to the contrary, no sums may be charged to the
Contingency for costs which arise out of Construction Manager’s (or its Subcontractors) intentional
misconduct, gross negligence or a material breach of this Agreement or the executed subcontractor
agreements. Construction Manager shall not be entitled to payment of sums from the Contingency to
the extent: (i) such sums may be properly chargeable to a Subcontractor or other responsible person or
entity directly against the Subcontractor, or (ii) Construction Manager failed to notify Owner or its
insurance carrier, if applicable, of the event which results in the claim to the Contingency in a timely
fashion. Any Contingency remaining as of Final Completion shall revert back to Owner.
EXHIBIT D -
Milestone Schedule
2018 2019 2020 2021
Original
ID Description Start Finish Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Duration
Muskegon Convention Center
CM Selection
5 Issue CM RFQ 0 10/29/18A Issue CM RFQ
10 CM RFQ Response 13 10/29/18A 11/14/18A CM RFQ Response
15 Evaluate RFQ / Shortlist to RFP 5 11/15/18A 11/21/18A Evaluate RFQ / Shortlist to RFP
20 Issue CM RFP 0 11/26/18A Issue CM RFP
25 CM RFP Response 16 11/26/18A 12/17/18A CM RFP Response
30 Evaluate RFP / Shortlist to Interview 2 12/18/18A 12/19/18A Evaluate RFP / Shortlist to Interview
35 CM Interviews / CM Selection 5 12/20/18A 12/28/18A CM Interviews / CM Selection
40 Notice to Commence Pre-Construction Services 0 12/31/18A Notice to Commence Pre-Construction Services
Design & Approvals
45 Development of 50% DD Drawings 45 10/29/18A 01/04/19A Development of 50% DD Drawings
50 Complete Sitework Design/Early Release 4 04/12/19A 06/25/19A Complete Sitework Design/Early Release
55 Complete Footing/Foundations Design/Release 1 04/12/19A 07/01/19A Complete Footing/Foundations Design/Release
60 Complete Balance of Work Design/Release 72 04/12/19A 08/09/19A Complete Balance of Work Design/Release
65 Phase 1 and Phase 2 Approval 0 07/08/19A Phase 1 and Phase 2 Approval
Preconstruction
70 DD Budget Development 15 01/07/19A 01/25/19A DD Budget Development
75 GMP Development from DD Set 15 01/28/19A 02/15/19A GMP Development from DD Set
Procurement
80 PAE Bid Pack 2 Site Package Complete 0 06/25/19A PAE Bid Pack 2 Site Package Complete
85 Bid Pack 2 Sitework Bidding Period 11 06/26/19A 07/11/19A Bid Pack 2 Sitework Bidding Period
90 Pre-Bid Walk through Sitework 0 07/02/19A Pre-Bid Walk through Sitework
95 Bid Pack 2 Pre-Bid RFI's Due 0 07/04/19A Bid Pack 2 Pre-Bid RFI's Due
100 Bid Pack 2 Sitework Pre-Awards 5 07/12/19A 07/18/19 Bid Pack 2 Sitework Pre-Awards
105 Bid Pack 2 Issue Subcontracts / Release Submittals 5 07/19/19 07/25/19 Bid Pack 2 Issue Subcontracts / Release Submittals
110 Engineered Shoring Submittals 30 07/26/19 09/05/19 Engineered Shoring Submittals
115 Temp Shoring Material Procurement 30 07/26/19 09/05/19 Temp Shoring Material Procurement
120 Sitework / Utility Submittals 10 07/26/19 08/08/19 Sitework / Utility Submittals
125 PAE Bid Pack 3 Footings/Foundations Package Complete 0 07/01/19A PAE Bid Pack 3 Footings/Foundations Package Complete
130 Bid Pack 3 Footings/Foundations CC Review 4 07/01/19A 07/05/19A Bid Pack 3 Footings/Foundations CC Review
135 Bid Pack 3 Footings/Foundations Bidding Period 14 07/08/19A 07/25/19 Bid Pack 3 Footings/Foundations Bidding Period
140 Bid Pack 3 Footings/Foundations Pre-Bid RFI's Due 0 07/17/19A Bid Pack 3 Footings/Foundations Pre-Bid RFI's Due
Data Date
145 Bid Pack 3 Footings/Foundations Pre-Awards 3 07/26/19 07/30/19 Bid Pack 3 Footings/Foundations Pre-Awards
150 Bid Pack 3 Footings/Foundations Issue Contracts 3 07/31/19 08/02/19 Bid Pack 3 Footings/Foundations Issue Contracts
155 Foundation / Rebar Submittals 15 08/05/19 08/23/19 Foundation / Rebar Submittals
Project Finish
Project Start
160 PAE Bid Pack 4 Balance of Work 0 08/09/19A PAE Bid Pack 4 Balance of Work
165 Bid Pack 4 Balance of Work CC Review 10 08/09/19 08/22/19 Bid Pack 4 Balance of Work CC Review
170 Bid Pack 4 Balance of Work - Bidding Period 15 08/12/19A 09/05/19A Bid Pack 4 Balance of Work - Bidding Period
Start Date: 10/29/18 City of Muskegon / County of Muskegon
Finish Date: 01/29/21 Muskegon Convention Center
Data Date: 07/18/19
Run Date: 09/10/19 09.10.19 GMP Exhibit D
Exhibit D - Milestone Schedule.ppx Page 1A
2018 2019 2020 2021
Original
ID Description Start Finish Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Duration
175 Bid Pack 4 Pre Bid RFI's Due 0 08/23/19A Bid Pack 4 Pre Bid RFI's Due
180 Bid Pack 4 Balance of Work Pre-Awards 4 09/06/19 09/11/19 Bid Pack 4 Balance of Work Pre-Awards
185 Issue Subcontracts / Release Submittals 5 09/12/19 09/18/19 Issue Subcontracts / Release Submittals
190 MEP Submittals 29 09/19/19 10/29/19 MEP Submittals
195 MEP Lead Times 74 10/30/19 02/12/20 MEP Lead Times
200 Architectural Submittals 29 09/19/19 10/29/19 Architectural Submittals
205 Architectural Lead Times 74 10/30/19 02/12/20 Architectural Lead Times
Construction
Muskegon Events
Clark Construction
210 Taste of Muskegon 2019 5 06/19/19A 06/25/19A Taste of Muskegon 2019
215 "Ridestock" Bike Week 2019 5 07/18/19A 07/21/19A "Ridestock" Bike Week 2019
220 MI Irish Music Festival 2019 5 09/09/19 09/13/19 MI Irish Music Festival 2019
225 Taste of Muskegon 2020 5 06/17/20 06/23/20 Taste of Muskegon 2020
230 "Ridestock" Bike Week 2019 5 06/29/20 07/03/20 "Ridestock" Bike Week 2019
235 MI Irish Music Festival 2019 5 09/14/20 09/18/20 MI Irish Music Festival 2019
Site
Clark Construction
240 Summary - Site Construction 81 07/26/19 11/15/19 Summary - Site Construction
245 Phase 1 and Phase 2 Soil Study 20 07/29/19A 08/23/19 Phase 1 and Phase 2 Soil Study
250 Mobilization / Secure Site 1 08/15/19 08/15/19 Mobilization / Secure Site
255 SWPP Installation 5 08/16/19 08/22/19 SWPP Installation
260 Install Security / Construction Fencing 3 08/16/19 08/20/19 Install Security / Construction Fencing
265 Demolition 32 08/21/19 10/03/19 Demolition
270 Strip Site 10 08/26/19 09/06/19 Strip Site
275 Balance Site 10 09/02/19 09/13/19 Balance Site
280 Owner Move Utilities 34 09/16/19 10/31/19 Owner Move Utilities
285 Site Utilities 30 09/16/19 10/25/19 Site Utilities
290 Excavations 35 09/30/19 11/15/19 Excavations
295 Temp Engineered Shoring 14 10/14/19 10/31/19 Temp Engineered Shoring
300 Fill Site to Grade 15 11/18/19 12/09/19 Fill Site to Grade
Building
Clark Construction
Data Date
305 Summary - Building Construction 272 12/09/19A 12/23/20 Summary - Building Construction
310 Footings/Foundations 35 09/30/19 11/15/19 Footings/Foundations
315 Structural Steel Main Level Framing & Deck 13 11/18/19 12/05/19 Structural Steel Main Level Framing & Deck
Project Finish
Project Start
320 Elevator Shafts 20 11/25/19 12/23/19 Elevator Shafts
325 Structural Steel Lower Roof & Deck 16 12/06/19 12/30/19 Structural Steel Lower Roof & Deck
330 Structural Steel High Roof & Deck 16 12/31/19 01/21/20 Structural Steel High Roof & Deck
Start Date: 10/29/18 City of Muskegon / County of Muskegon
Finish Date: 01/29/21 Muskegon Convention Center
Data Date: 07/18/19
Run Date: 09/10/19 09.10.19 GMP Exhibit D
Exhibit D - Milestone Schedule.ppx Page 2A
2018 2019 2020 2021
Original
ID Description Start Finish Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Duration
335 Exterior Framing 35 01/02/20 02/19/20 Exterior Framing
340 Exterior Finishes 60 02/20/20 05/13/20 Exterior Finishes
345 Sitework & Hardscapes between LC Walker & Convention Center15 03/26/20 04/15/20 Sitework & Hardscapes between LC Walker & Convention Center
350 LC Walker Main Ticket Booth Entrance Open 0 06/02/20A LC Walker Main Ticket Booth Entrance Open
355 Exterior Windows 35 02/06/20 03/25/20 Exterior Windows
360 Roofing 25 03/26/20 04/29/20 Roofing
365 Elevator Installation 31 04/21/20 06/02/20 Elevator Installation
370 Building Enclosed 0 04/29/20 Building Enclosed
375 M/E Overhead RI 60 04/30/20 07/22/20 M/E Overhead RI
380 Concrete Floors 25 04/30/20 06/03/20 Concrete Floors
385 Remaining Landscaping / Hardscapes 18 05/14/20 06/08/20 Remaining Landscaping / Hardscapes
390 Metal Studs 35 06/04/20 07/22/20 Metal Studs
395 Mechanical/Electrical in-wall Rough-in 35 07/23/20 09/09/20 Mechanical/Electrical in-wall Rough-in
400 Hanging and Finishing 50 08/06/20 10/14/20 Hanging and Finishing
405 Painting/Wallpaper 30 09/17/20 10/28/20 Painting/Wallpaper
410 Interior Brick 35 08/13/20 09/30/20 Interior Brick
415 Ceilings 20 10/01/20 10/28/20 Ceilings
420 Flooring 27 10/15/20 11/20/20 Flooring
425 M/E Finishes 25 10/29/20 12/02/20 M/E Finishes
430 Final Cleaning 15 12/03/20 12/23/20 Final Cleaning
Closeout
All Areas
Clark Construction
440 Punchlist 42 12/03/20A 12/31/20A Punchlist
450 Substantial Completion 0 12/31/20A Substantial Completion
455 Owner FFE 0 12/31/20A Owner FFE
460 Closeout 22 12/31/20A 01/29/21A Closeout
Data Date
Project Finish
Project Start
Start Date: 10/29/18 City of Muskegon / County of Muskegon
Finish Date: 01/29/21 Muskegon Convention Center
Data Date: 07/18/19
Run Date: 09/10/19 09.10.19 GMP Exhibit D
Exhibit D - Milestone Schedule.ppx Page 3A
EXHIBIT E - List of
Documents
EXHIBIT GE
SECTION 000115
LIST OF DRAWING SHEETS
1. LIST OF DRAWINGS PREPARED BY PROGRESSIVE AE
SHEET TITLE
NO.
GENERAL
TD003
TD001 TITLE DRAWING 8/21/19
8/9/19
G001 ABBREVIATIONS, SYMBOLOGY, ACCESSIBILITY 8/9/19
G100 LOWER LEVEL CODE COMPLIANCE PLAN 8/9/19
G101 MAIN LEVEL CODE COMPLIANCE PLAN 8/9/19
CIVIL
C101 TOPOGRAPHIC SURVEY 7/9/19
C102 DEMOLITION PLAN 8/21/19
7/9/19
C201 SITE LAYOUT PLAN 8/21/19
7/9/19
C301 SITE GRADING AND STORMWATER PLAN 8/21/19
7/9/19
C302 SOIL EROSION PLAN 7/3/19
C401 SITE UTILITY PLAN 8/21/19
7/30/19
C402 PUBLIC UTILITY PROFILE 7/30/19
C501 SITE DETAIL SHEET 7/3/19
L101 SITE LANDSCAPE PLAN 8/21/19
8/9/19
IR101 SITE IRRIGATION PLAN 8/9/19
STRUCTURAL
S001 GENERAL NOTES 7/3/19
S002 DESIGN CRITERIA AND SCHEDULES 8/21/19
8/13/19
S003 SPECIAL INSPECTIONS 7/3/19
S004 FOUNDATION LOADS AND UNDERPINNING PLAN 8/13/19
S100A FOUNDATION PLAN – PART A 7/3/19
S100B FOUNDATION PLAN – PART B 8/13/19
S101A MAIN LEVEL FRAMING PLAN – PART A 8/13/19
S101B MAIN LEVEL FRAMING PLAN – PART B 8/21/19
8/13/19
S102A LOW ROOF FRAMING PLAN - PART A 8/9/19
8/21/19
S102B LOW ROOF FRAMING PLAN - PART B 8/9/19
8/21/19
S103 HIGH ROOF FRAMING PLAN 8/9/19
8/21/19
S201 ELEVATIONS 8/9/19
8/21/19
S202 ELEVATIONS 8/9/19
8/21/19
S203 ELEVATIONS AND TRUSS PROFILES 8/9/19
8/21/19
S301 CONCRETE DETAILS 8/13/19
S302 CONCRETE DETAILS 8/13/19
S303 CONCRETE DETAILS 8/13/19
S304 CONCRETE DETAILS 8/13/19
S305 CONCRETE DETAILS 8/13/19
S306 CONCRETE DETAILS 8/13/19
S401 MASONRY DETAILS 8/9/19
S402 MASONRY DETAILS 8/9/19
S501 STEEL DETAILS 8/9/19
S502 STEEL DETAILS 8/9/19
S503 STEEL DETAILS 8/21/19
8/9/19
S504 STEEL DETAILS 8/21/19
8/9/19
S505 STEEL DETAILS 8/9/19
8/21/19
S506 STEEL DETAILS 8/9/19
Muskegon Convention Center 000115-1
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Section 000115-List of Drawing Sheets, Version 2
EXHIBIT GE
SECTION 000115
LIST OF DRAWING SHEETS
ARCHITECTURAL
AD100 LOWER LEVEL DEMOLITION PLAN 8/9/19
AD101 MAIN LEVEL DEMOLTION PLAN 8/9/19
A100A LOWER LEVEL FLOOR PLAN - PART A 8/9/19
A100B LOWER LEVEL FLOOR PLAN - PART B 8/9/19
A101A MAIN LEVEL FLOOR PLAN - PART A 8/9/19
A101B MAIN LEVEL FLOOR PLAN - PART B 8/9/19
8/21/19
A103 ROOF PLAN 8/21/19
8/9/19
A110A A LOWER LEVEL REFLECTED CEILING PLAN - PART A 8/9/19
8/21/19
A110B LOWER LEVEL REFLECTED CEILING PLAN - PART B 8/9/19
A111A MAIN LEVEL REFLECTED CEILING PLAN - PART A 8/21/19
8/9/19
A111B MAIN LEVEL REFLECTED CEILING PLAN - PART B 8/9/19
A120A LOWER LEVEL FINISH PLAN - PART A 8/9/19
A120B LOWER LEVEL FINISH PLAN - PART B 8/9/19
A121A MAIN LEVEL FINISH PLAN - PART A 8/21/19
8/9/19
A121B MAIN LEVEL FINISH PLAN - PART B 8/9/19
8/21/19
A201 EXTERIOR ELEVATIONS 8/9/19
A202 EXTERIOR ELEVATIONS 8/9/19
A301 BUILDING SECTIONS 8/9/19
A302 BUILDING SECTIONS 8/9/19
A311 WALL SECTIONS 8/9/19
A312 WALL SECTIONS 8/9/19
A313 WALL SECTIONS 8/9/19
A314 WALL SECTIONS 8/9/19
A321 EXTERIOR DETAILS 8/9/19
A322 EXTERIOR DETAILS 8/9/19
A323 EXTERIOR DETAILS 8/9/19
A324 EXTERIOR DETAILS 8/9/19
A401 ENLARGED FLOOR PLANS AND ELEVATIONS 8/9/19
A402 ENLARGED FINISH FLOOR PLANS 8/9/19
A501 INTERIOR ELEVATIONS 8/9/19
A502 INTERIOR ELEVATIONS 8/9/19
A503 INTERIOR ELEVATIONS 8/9/19
A504 INTERIOR ELEVATIONS 8/9/19
A505 INTERIOR ELEVATIONS 8/9/19
A511 INTERIOR DETAILS 8/9/19
A512 INTERIOR DETAILS 8/9/19
A601 DOOR AND WINDOW SCHEDULES 8/9/19
A602 FINISH MATERIAL LIST AND DETAILS 8/9/19
8/21/19
A801 VERTICAL CIRCULATION 8/9/19
A802 VERTICAL CIRCULATION 8/9/19
FIRE PROTECTION
FP100A LOWER LEVEL FIRE PROTECTION PLAN - PART A 8/9/19
FP100B LOWER LEVEL FIRE PROTECTION PLAN - PART B 8/9/19
FP101A MAIN LEVEL FIRE PROTECTION PLAN - PART A 8/9/19
8/21/19
FP101B MAIN LEVEL FIRE PROTECTION PLAN - PART B 8/9/19
PLUMBING
P001 GENERAL PLUMBING INFORMATION 8/21/19
8/9/19
PUF100A UNDERFLOOR PLUMBING PLAN - PART A 8/9/19
8/21/19
Muskegon Convention Center 000115-2
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Section 000115-List of Drawing Sheets, Version 2
EXHIBIT GE
SECTION 000115
LIST OF DRAWING SHEETS
PUF100B UNDERFLOOR PLUMBING PLAN - PART B 8/9/19
8/21/19
P100A LOWER LEVEL PLUMBING PLAN - PART A 8/9/19
8/21/19
P100B LOWER LEVEL PLUMBING PLAN - PART B 8/9/19
8/21/19
P101A MAIN LEVEL PLUMBING PLAN - PART A 8/9/19
8/21/19
P101B MAIN LEVEL PLUMBING PLAN - PART B 8/9/19
8/21/19
MECHANICAL
M001 GENERAL MECHANICAL INFORMATION 8/9/19
MH100A LOWER LEVEL HVAC PLAN - PART A 8/9/19
MH100B LOWER LEVEL HVAC PLAN - PART B 8/9/19
MH101A MAIN LEVEL HVAC PLAN - PART A 8/21/19
8/9/19
MH101B MAIN LEVEL HVAC PLAN - PART B 8/21/19
8/9/19
MH103 ROOF MECHANICAL PLAN 8/9/19
MP100A LOWER LEVEL HYDRONIC PLAN - PART A 8/21/19
8/9/19
MP100B LOWER LEVEL HYDRONIC PLAN - PART B 8/9/19
MP101A MAIN LEVEL HYDRONIC PLAN - PART A 8/9/19
MP101B MAIN LEVEL HYDRONIC PLAN - PART B 8/9/19
M301 ENLARGED MECHANICAL PLANS 8/21/19
8/9/19
M601 MECHANICAL SCHEDULES 8/9/19
8/26/19
ELECTRICAL
ED100 SITE ELECTRICAL DEMOLITION PLAN 8/21/19
7/9/19
ES100 SITE ELECTRICAL PLAN 8/21/19
7/9/19
E001 ELECTRICAL NOTES AND ABBREVIATIONS 8/9/19
EP100A LOWER LEVEL POWER AND SYSTEMS PLAN - PART A 8/28/19
8/9/19
EP100B LOWER LEVEL POWER AND SYSTEMS PLAN - PART B 8/9/19
8/28/19
EP101A MAIN LEVEL POWER AND SYSTEMS PLAN - PART A 8/9/19
8/21/19
EP101B MAIN LEVEL POWER AND SYSTEMS PLAN - PART B 8/9/19
8/28/19
EP102 ROOF POWER AND SYSTEMS PLAN 8/9/19
8/28/19
EL100A LOWER LEVEL LIGHTING PLAN - PART A 8/9/19
EL100A LOWER LEVEL LIGHTING PLAN - PART A 8/9/19
EL101A MAIN LEVEL LIGHTING PLAN - PART A 8/9/19
EL101B MAIN LEVEL LIGHTING PLAN - PART B 8/9/19
E501 ELECTRICAL RISER DIAGRAM 8/21/19
8/9/19
E502 ELECTRICAL DETAILS 8/21/19
8/9/19
E601 ELECTRICAL SCHEDULES 8/9/19
E602 LOW VOLTAGE LIGHTING ZONE SCHEDULE 8/9/19
E603 AV ONE LINE DIAGRAM 8/9/19
8/28/19
E604 ELECTRICAL SCHEDULES 8/9/19
8/28/19
END OF SECTION
Muskegon Convention Center 000115-3
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Section 000115-List of Drawing Sheets, Version 2
EXHIBIT GE
TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 0102 PROJECT INFORMATION 8/9/19
00 0115 LIST OF DRAWING SHEETS 8/9/19
00 3100 AVAILABLE PROJECT INFORMATION 8/9/19
00 4325 SUBSTITUTION REQUEST FORM - DURING PROCUREMENT 8/9/19
00 5433 DIGITAL/ELECTRONIC MEDIA DATA PROTOCOL - USE AGREEMENT 8/9/19
00 5433.01 DIGITAL/ELECTRONIC MEDIA DATA PROTOCOL EXHIBIT 8/9/19
00 6313 REQUEST FOR INTERPRETATION FORM 8/9/19
00 6325 SUBSTITUTION REQUEST FORM - DURING CONSTRUCTION 8/9/19
DIVISION 01 - GENERAL REQUIREMENTS
01 1000 SUMMARY 8/9/19
01 2500 SUBSTITUTION PROCEDURES 8/9/19
01 3000 ADMINISTRATIVE REQUIREMENTS 8/9/19
01 4000 QUALITY REQUIREMENTS 8/9/19
01 4533 CODE-REQUIRED SPECIAL INSPECTIONS 8/9/19
01 5713 TEMPORARY EROSION AND SEDIMENT CONTROL 8/9/19
01 6000 PRODUCT REQUIREMENTS 8/9/19
01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS 8/9/19
01 7800 CLOSEOUT SUBMITTALS 8/9/19
DIVISION 02 - EXISTING CONDITIONS
02 4100 DEMOLITION 8/9/19
DIVISION 03 - CONCRETE
03 1000 CONCRETE FORMING AND ACCESSORIES 8/9/19
03 2000 CONCRETE REINFORCING 8/9/19
03 3000 CAST-IN-PLACE CONCRETE 8/9/19
DIVISION 04 - MASONRY
04 0511 MORTAR AND MASONRY GROUT 8/9/19
04 2000 UNIT MASONRY 8/9/19
04 2616 ADHERED MASONRY VENEER 8/26/19
8/9/19
DIVISION 05 - METALS
05 1200 STRUCTURAL STEEL FRAMING 8/9/19
05 2100 STEEL JOIST FRAMING 8/9/19
05 3100 STEEL DECKING 8/9/19
05 4000 COLD-FORMED METAL FRAMING 8/9/19
05 5000 METAL FABRICATIONS 8/9/19
05 5100 METAL STAIRS 8/9/19
05 5213 PIPE AND TUBE RAILINGS 8/9/19
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05 5305 METAL GRATINGS AND FLOOR PLATES 8/9/19
05 7000 DECORATIVE METAL 8/9/19
05 7313 GLAZED DECORATIVE METAL RAILINGS 8/9/19
DIVISION 06 - WOODS, PLASTICS, AND COMPOSITES
06 1000 ROUGH CARPENTRY 8/9/19
06 4100 ARCHITECTURAL WOOD CASEWORK 8/9/19
06 8316 FIBERGLASS REINFORCED PANELING 8/9/19
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07 0150.19 PREPARATION FOR RE-ROOFING 8/9/19
07 1300 SHEET WATERPROOFING 8/9/19
07 2100 THERMAL INSULATION 8/9/19
07 2119 FOAMED-IN-PLACE INSULATION 8/21/19
8/9/19
07 2500 WEATHER BARRIERS 8/9/19
07 4213 METAL WALL PANELS 8/9/19
07 4213.19 INSULATED METAL WALL PANELS 8/9/19
07 4213.23 METAL COMPOSITE MATERIAL WALL PANELS 8/9/19
07 4214 METAL WINDOW PANELS 8/9/19
07 5200 MODIFIED BITUMINOUS MEMBRANE ROOFING 8/9/19
07 5300 ELASTOMERIC MEMBRANE ROOFING 8/9/19
07 6200 SHEET METAL FLASHING AND TRIM 8/9/19
07 7100 ROOF SPECIALTIES 8/9/19
07 7200 ROOF ACCESSORIES 8/9/19
07 7711 COMPOSITE FRAMING SUPPORT (CFS) SYSTEM 8/9/19
07 8100 APPLIED FIREPROOFING 8/9/19
07 8123 INTUMESCENT FIREPROOFING 8/9/19
07 8400 FIRESTOPPING 8/9/19
07 9100 PREFORMED JOINT SEALS 8/9/19
07 9200 JOINT SEALANTS 8/9/19
07 9513 EXPANSION JOINT COVER ASSEMBLIES 8/9/19
DIVISION 08 - OPENINGS
08 1113 HOLLOW METAL DOORS AND FRAMES 8/9/19
08 1116 ALUMINUM DOORS AND FRAMES (INSULATED CORE) 8/9/19
08 1416 FLUSH WOOD DOORS 8/9/19
08 3100 ACCESS DOORS AND PANELS 8/9/19
08 3323 OVERHEAD COILING DOORS 8/9/19
08 3613 SECTIONAL DOORS 8/9/19
08 4313 ALUMINUM-FRAMED STOREFRONTS 8/9/19
08 4413 GLAZED ALUMINUM CURTAIN WALLS 8/9/19
08 5619 ALUMINUM SLIDING PASS WINDOW 8/9/19
08 7100 DOOR HARDWARE 8/9/19
08 800 0 GLAZING 8/9/19
DIVISION 09 - FINISHES
09 2116 GYPSUM BOARD ASSEMBLIES 8/9/19
09 3000 TILING 8/9/19
09 5100 ACOUSTICAL CEILINGS 8/9/19
09 5424 WOOD CEILINGS AND WALLS 8/21/19
8/9/19
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09 6500 RESILIENT FLOORING 8/9/19
09 6813 TILE CARPETING 8/9/19
09 7200 WALL COVERINGS 8/9/19
09 8400 ACOUSTICAL BLADES 8/9/19
09 8430 SOUND-ABSORBING WALL AND CEILING UNITS 8/9/19
09 9123 INTERIOR PAINTING 8/9/19
DIVISION 10 - SPECIALTIES
10 1400 SIGNAGE 8/9/19
10 2113.17 PHENOLIC TOILET COMPARTMENTS 8/21/19
8/9/19
10 2210 SIDE-FOLDING CLOSURES 8/9/19
10 2239 FOLDING PANEL PARTITIONS 8/9/19
10 2600 WALL PROTECTION 8/9/19
10 2800 TOILET ACCESSORIES 8/9/19
10 4400 FIRE PROTECTION SPECIALTIES 8/9/19
10 5113 METAL LOCKERS 8/21/19
8/9/19
DIVISION 11 - EQUIPMENT
11 1313 LOADING DOCK BUMPERS 8/9/19
11 1316 LOADING DOCK SEALS AND SHELTERS 8/9/19
11 1319.13 LOADING DOCK LEVELERS 8/9/19
11 1321 LOADING DOCK SAFETY EQUIPMENT 8/9/19
11 5213 PROJECTION SCREENS 8/9/19
DIVISION 12 - FURNISHINGS
12 2400 WINDOW SHADES 8/9/19
12 3600 COUNTERTOPS 8/9/19
12 4813 ENTRANCE FLOOR MATS AND FRAMES 8/9/19
DIVISION 14 - CONVEYING EQUIPMENT
14 2100 ELECTRIC TRACTION ELEVATORS DIVISION 21 - FIRE SUPPRESSION 8/9/19
21 0500 COMMON WORK RESULTS FOR FIRE SUPPRESSION 8/9/19
21 0523 8/9/19
GENERAL-DUTY VALVES FOR WATER-BASED FIRE-SUPPRESSION PIPING 8/9/19
21 0553 IDENTIFICATION FOR FIRE SUPPRESSION PIPING AND EQUIPMENT 8/9/19
21 1200 FIRE-SUPPRESSION STANDPIPES 8/9/19
8/9/19
21 1300 FIRE-SUPPRESSION SPRINKLER SYSTEMS 8/9/19
DIVISION 22 - PLUMBING
22 0516 EXPANSION FITTINGS AND LOOPS FOR PLUMBING PIPING 8/9/19
22 0519 METERS AND GAUGES FOR PLUMBING PIPING 8/9/19
22 0523 GENERAL-DUTY VALVES FOR PLUMBING PIPING 8/9/19
22 0553 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT 8/9/19
22 0719 PLUMBING PIPING INSULATION 8/9/19
22 1005 PLUMBING PIPING 8/9/19
22 1006 PLUMBING PIPING SPECIALTIES 8/9/19
22 3000 PLUMBING EQUIPMENT 8/9/19
22 4000 PLUMBING FIXTURES 8/26/19
8/9/19
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DIVISION 23 HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)
23 0516 EXPANSION FITTINGS AND LOOPS FOR HVAC PIPING 8/9/19
23 0517 SLEEVES AND SLEEVE SEALS FOR HVAC PIPING 8/9/19
23 0519 METERS AND GAUGES FOR HVAC PIPING 8/9/19
23 0523 GENERAL-DUTY VALVES FOR HVAC PIPING 8/9/19
23 0553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 8/9/19
23 0593 TESTING, ADJUSTING, AND BALANCING FOR HVAC 8/9/19
23 0713 DUCT INSULATION 8/9/19
23 0719 HVAC PIPING INSULATION 8/9/19
23 0800 COMMISSIONING OF HVAC 8/9/19
23 0913 INSTRUMENTATION AND CONTROL DEVICES FOR HVAC 8/9/19
23 0923 DIRECT-DIGITAL CONTROL SYSTEM FOR HVAC 8/9/19
23 0993 SEQUENCE OF OPERATIONS FOR HVAC CONTROLS 8/9/19
23 2113 HYDRONIC PIPING 8/9/19
23 2113.13 HYDRONIC SNOWMELT PIPING 8/9/19
23 2114 HYDRONIC SPECIALTIES 8/9/19
23 2123 HYDRONIC PUMPS 8/9/19
23 2500 HVAC WATER TREATMENT 8/9/19
23 3100 HVAC DUCTS AND CASINGS 8/9/19
23 3300 AIR DUCT ACCESSORIES 8/9/19
23 3423 HVAC POWER VENTILATORS 8/9/19
23 3600 AIR TERMINAL UNITS 8/9/19
23 3700 AIR OUTLETS AND INLETS 8/9/19
23 5100 BREECHINGS, CHIMNEYS, AND STACKS 8/9/19
23 5216 CONDENSING BOILERS 8/9/19
23 5700 HEAT EXCHANGERS FOR HVAC 8/9/19
23 7413 PACKAGED OUTDOOR CENTRAL-STATION AIR-HANDLING UNITS 8/9/19
23 8126.13 SMALL-CAPACITY SPLIT-SYSTEM AIR CONDITIONERS 8/9/19
23 8200 CONVECTION HEATING AND COOLING UNITS 8/9/19
DIVISION 26 - ELECTRICAL
26 0519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 8/9/19
26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 8/9/19
26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 8/9/19
8/28/19
26 0533.13 CONDUIT FOR ELECTRICAL SYSTEMS 8/9/19
26 0533.16 BOXES FOR ELECTRICAL SYSTEMS 8/9/19
26 0533.23 SURFACE RACEWAYS FOR ELECTRICAL SYSTEMS 8/9/19
26 0536 CABLE TRAYS FOR ELECTRICAL SYSTEMS 8/9/19
26 0548 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS 8/9/19
26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 8/9/19
26 0573.15 ARC FLASH HAZARD 8/9/19
26 0583 WIRING CONNECTIONS 8/9/19
26 0801 ELECTRICAL INSPECTION, TESTING AND START-UP 8/9/19
26 0923 LIGHTING CONTROL DEVICES 8/21/19
8/9/19
26 1316 MEDIUM-VOLTAGE FUSIBLE INTERRUPTER SWITCHES 8/21/19
8/9/19
26 2200 LOW-VOLTAGE TRANSFORMERS 8/9/19
26 2413 SWITCHBOARDS 8/9/19
26 2416 PANELBOARDS 8/9/19
26 2716 CABINETS AND ENCLOSURES 8/9/19
26 2726 WIRING DEVICES 8/9/19
26 2816.16 ENCLOSED SWITCHES 8/9/19
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26 2923 VARIABLE-FREQUENCY MOTOR CONTROLLERS 8/9/19
26 3213 ENGINE GENERATORS 8/28/19
8/9/19
26 3600 TRANSFER SWITCHES 8/9/19
26 5100 INTERIOR LIGHTING 8/9/19
26 5600 EXTERIOR LIGHTING 8/9/19
DIVISION 27 - COMMUNICATIONS
27 0500 COMMON WORK RESULTS FOR COMMUNICATIONS 8/9/19
27 0526 GROUNDING AND BONDING FOR COMMUNICATION SYSTEMS 8/9/19
27 1000 STRUCTURED CABLING SYSTEMS 8/9/19
27 1005 STRUCTURED CABLING FOR VOICE AND DATA 8/9/19
27 1100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS 8/9/19
27 4100 AUDIO VIDEO SYSTEMS 8/9/19
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 1000 ACCESS CONTROL 8/9/19
28 2000 VIDEO SURVEILLANCE 8/9/19
28 4600 FIRE DETECTION AND ALARM 8/9/19
DIVISION 31 - EARTHWORK
31 1000 SITE CLEARING 8/9/19
31 2200 GRADING 8/9/19
31 2316 EXCAVATION 8/9/19
31 2319 DEWATERING 8/9/19
31 2323 FILL 8/9/19
31 4000 SHORING AND UNDERPINNING 8/9/19
31 5000 EXCAVATION SUPPORT AND PROTECTION 8/9/19
31 6615 HELICAL FOUNDATIONS PILES 8/9/19
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 1123 AGGREGATE BASE COURSES 8/9/19
32 1216 ASPHALT PAVING 8/9/19
32 1313 CONCRETE PAVING 8/9/19
32 1723.13 PAINTED PAVEMENT MARKINGS 8/9/19
32 1726 TACTILE WARNING SURFACING 8/9/19
32 3300 SITE FURNISHINGS 8/9/19
32 8400 UNDERGROUND IRRIGATION SYSTEM 8/9/19
32 9219 SEEDING 8/9/19
32 9300 PLANTS 8/9/19
DIVISION 33 - UTILITIES
33 0110.58 DISINFECTION OF WATER UTILITY PIPING SYSTEMS 8/9/19
33 0513 MANHOLES AND STRUCTURES 8/9/19
33 1416 SITE WATER UTILITY DISTRIBUTION PIPING 8/9/19
33 3113 SITE SANITARY SEWERAGE GRAVITY PIPING 8/9/19
33 4100 SUBDRAINAGE 8/9/19
33 4211 STORMWATER GRAVITY PIPING 8/9/19
33 7119 ELECTRICAL UNDERGROUND DUCTS, DUCTBANKS, AND MANHOLES 8/9/19
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: DDA On-Premise Liquor License for
the LC Walker Arena
Submitted By: Mike Franzak Department: Planning
Brief Summary: To approve the Resolution for a Downtown Development Authority On-Premise
Liquor License for the LC Walker Arena. The Liquor Control Commission allows for additional
liquor licenses within Downtown Development Authority Districts under certain conditions.
Detailed Summary: This license would cover all alcohol sales within the arena; including Rad
Dad’s, Carlisle’s and concessions.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the DDA On-Premise Liquor License for the L.C. Walker Arena
and authorize the Mayor and Clerk to sign the resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _________
A resolution concerning the issuance of a Downtown Development Authority District On-Premises
Liquor License pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. The City of Muskegon has applied for a Downtown Development Authority District On-Premises
Liquor License for the premises at 470 W Western Ave, which is located within an area established
by the City Commission as a redevelopment project area pursuant to 436.1521a(1)(b) of the
Michigan Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific location “ABOVE
ALL OTHERS”.
3. This resolution was approved at the regular meeting of the City Commission on September 24,
2019.
City Commission Findings
The City Commission is satisfied that:
1. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less
than $75,000 for the build-out and improvements of the building that will house the licensed
premises, which amounts shall be expended before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to
the general public, with a seating capacity of not less than 50 persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon to approve the
application of the City of Muskegon for a Downtown Development Authority District On-
Premises Liquor License for the premises at 470 W Western Ave, pursuant to 436.1521a(1)(b) of
the Michigan Compiled Laws, and recommends to the Michigan Liquor Control Commission the
issuance of said requested license “ABOVE ALL OTHERS”.
Adopted this 24th day of September, 2019.
AYES: ______________________________________________________
NAYES: ______________________________________________________
ABSENT: ______________________________________________________
By: ________________________
Stephen J. Gawron
Its Mayor
By: ________________________
Ann Meisch, MMC
Its Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: Recreational Marihuana Regulatory
Ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to amend the City Code of Ordinances and adopt a
Recreational Marihuana Regulatory Ordinance under the Michigan Regulation and Taxation of
Marihuana Act.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Recreational Marihuana Regulatory Ordinance as part of
the City Code of Ordinances.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Michigan Regulation and Taxation of Marihuana Act (MRTMA)
General Notes
The State will begin processing applications November 1. Municipalities must pass an opt out resolution
if they do not want to permit MRTMA businesses. Those that do want to permit them should pass a
regulatory and zoning ordinance.
MMFLA (Medical) and MRTMA (Recreational) license holders under common ownership may locate at the
same location.
Growing outside is permissible under certain circumstances. Staff does not encourage these at this time
due to the location of the proposed district and possible environmental concerns.
Please see the attached Emergency Rules white paper established July 3, 2019 by the Michigan
Department of Licensing and Regulatory Affairs. The paper established the following license types.
Staff has prepared a proposed zoning ordinance. It is an amendment to the existing Medical Marihuana
Facilities Overlay District and would include regulations for both Medical and Recreational Marihuana
Facilities.
Please see the Social Equity Program attachment.
MRTMA License Types
1. Grower
• Class A – 100 plant limit
• Class B – 500 plant limit
• Class C – 2,000 plant limit
2. Processor
• May purchase marihuana only from a marihuana grower or a marihuana processor and
sale of marihuana-infused products or marihuana only to a marihuana retailer or another
marihuana processor.
3. Secure transporter
• May store and transport marihuana and money associated with the purchase or sale of
marihuana between marihuana establishments for a fee upon request of a person with
legal custody of that marihuana or money.
4. Retailer
• May purchase or transfer of marihuana only from a marihuana grower or marihuana
processor and sale or transfer to only an individual 21 years of age or older. Referred to
as provisioning center under MMFLA.
5. Safety compliance facility
• May take marihuana from, test marihuana for, and return marihuana to only a licensed
marihuana grower, marihuana processor, marihuana retailer, or marihuana
microbusiness.
6. Microbusiness
• May cultivate up to 150 plants
• May process and package marihuana
• May conduct retail sales to customers but not other marihuana establishments
Special License Types – The Emergency Rules established these additional license types.
7. Marihuana Event Organizer – Licensee may apply for Temporary Marihuana Event licenses from
the Michigan Regulatory Agency (MRA).
8. Temporary Marihuana Event – This license allows a Marijuana Event Organizer to run an event,
which has been approved by the local municipality, where the onsite sale or consumption of
marijuana products, or both, are authorized at a specific location for a limited time. Licensed
Retailers and Microbusinesses may participate. The Marijuana Event Organizer is required to hire
security and ensure that all rules and requirements for onsite consumption of marijuana products
are followed. Events may last 1-7 days. May only be held at a venue expressly approved by a
municipality for the purpose of holding a temporary marihuana event
9. Designated Consumption Establishment – Allows the license holder, with local approval, to
operate a commercial space that is licensed by the MRA and authorized to permit adults 21 years
of age and older to consume marijuana and marijuana products on premises. A Designated
Consumption Establishment license does not allow for sales or distribution of marijuana or
marijuana product, unless the license holder also possesses a Retailer or Microbusiness license.
A person that allows consumption of marihuana products on the premises of a nonresidential
location and charges a fee for entry, sells goods or services while individuals are consuming on
the premises, or requires membership for entry shall acquire a designated consumption
establishment or temporary marihuana event license.
10. Excess Marihuana Grower – Allows a licensee
who already holds five adult-use Class C
Grower licenses to expand their allowable
marijuana plant count.
Marihuana Excise Tax Fund
The tax fund for the MMFLA (Medical) has sunset since
recreational marihuana has passed. Municipalities
were set to receive a distribution of the fund created
by the 3% sales tax. Now, only municipalities that have
operating “retailers” and “microbusinesses” will get a
share of the excise tax fund, which is created from a
10% tax.
State License Fee’s – In addition to a one-time $6,000 enrollment fee, the following permit fees exist.
DRAFT
09/17/19
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
PERMITTING RECREATIONAL MARIHUANA ESTABLISHMENTS
1. Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon,
Michigan, Sections 34-______ through 34-______ are adopted as follows:
Sec. 34-____ Purpose and Intent.
It is the intent of this ordinance to opt-in to the Michigan Regulation and Taxation
of Marihuana Act, being Initiated Law 1 or 2018, (MCS Sections 333.27951 through
333.27967).
Section 34- ____ Definitions.
Words used in this Ordinance shall have the meaning as defined in the Michigan
Regulation and Taxation of Marihuana Act, being Initiated Law 1 or 2018, (MCS
Sections 333.27951 through 333.27967), as may be amended.
Sec. 34-___ MMFLA Opt-In Provision
Pursuant to Section 6 of the Michigan Regulation and Taxation of Marihuana Act,
being Initiated Law 1 or 2018, (MCS Sections 333.27951 through 333.27967), the
City will authorize Permits for marihuana establishments.
Sec. 34-____ Permit Required for MMFLA Activity.
(1) Any person or entity that wishes to operate as a marihuana establishment
pursuant to the Michigan Regulation and Taxation of Marihuana Act, being Initiated
Law 1 or 2018, (MCS Sections 333.27951 through 333.27967) in the City shall obtain
a Permit from the City and must obtain a State Operating License prior to opening or
operating.
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(2) The application and inspection fee for the Permit required by this section
shall be set from time to time by the City by resolution.
(3) In addition to an annual reapplication and inspection fee, the City may
assess an annual fee of no more than $5,000.00 to help defray the administrative and
enforcement costs associated with the operation of the marihuana establishments
operating in the City.
(4) No Permit issued under this section shall be transferable.
(5) All Permits issued under this section shall be renewed annually and
subject to annual inspection and renewal fees as set from time to time by the City by
resolution.
(6) The City may limit the number of Permits issued under this section, and
may revise this limit from time to time.
(7) A person or entity that receives a Permit under this section shall display its
Permit and, when issued, its State License in plain view clearly visible to City
officials and State authorized agents.
(8) No person or entity that opened or operated a facility doing business or
purporting to do business as a marihuana establishment prior to the adoption of this
ordinance shall be considered a lawful use.
Sec. 34-___ MMFLA Location Requirements.
(1) Marihuana establishments are permitted in those zones and subject to
requirements provided for in the City’s Zoning Ordinance.
(2) The marihuana establishments shall meet all applicable written and duly
promulgated standards of the City and, prior to opening, Applicants shall demonstrate
to the City that the location meets the rules and regulations promulgated by the State,
if any.
Sec. 34-___ Application Procedure.
(1) All Applicants for Permits required by this section shall file an application
with the Clerk. This application shall be signed by the Applicant if an individual, or
by all partners if a partnership, by a managing member if a limited liability company,
or by the president of a corporation.
(2) The Applicant may be requested to provide any information required by the
Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 or 2018,
(MCS Sections 333.27951 through 333.27967).
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(3) The Permit shall be approved if the Applicant meets all City requirements
unless a due diligence investigation discloses tangible evidence that the conduct of
the Applicant’s business would pose a substantial threat to the public health, safety,
or general welfare.
Sec. 34-___ Permit Revocation and Review.
(1) A Permit granted under this section may be revoked or not renewed for
any of the following reasons:
(a) Any fraud or misrepresentations contained in the Permit
application;
(b) Any knowing violation of this ordinance;
(c) Loss of the Applicant’s State Medical Marihuana Facility License;
(d) Failure of the Applicant to obtain a State Medical Marihuana
Facility License within a reasonable time after obtaining a Permit under
this section;
(e) Conducting business in an unlawful manner or in such a way as to
constitute a menace to the health, safety, or general welfare of the public;
(f) The violation of any of the conditions of issuance or continuation
of a certificate of registration;
(g) Fraud, misrepresentation or any false statement made in the
operation of the business;
(h) Failure to pay personal property taxes, or timely file
documentation or returns required for such taxes;
(i) Failure to pay city income taxes, failure to withhold city income
tax from employees, failure to remit to the City withheld city income
taxes, or timely file documentation or returns required for such taxes;
(j) Failure to pay any outstanding amounts owed the city (such as fees
for inspections or property services, water or sewer bills, municipal civil
infraction fines applicable to the business or its premises, current special
assessment, installments, etc.);
(k) Failure to pay registration fees imposed pursuant to this chapter
and resolution of the city commission;
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(l) Failure or inability of an applicant to meet and satisfy any of the
requirements and provisions of this chapter;
(m) Failure to allow inspection of the business premises at a reasonable
time; or
(n) Failure to allow inspection of hazardous material storage records at
a reasonable time.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
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 ____ day of
_______________, 2019, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.
Date:_______________________, 2019
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2019, the City Commission of
the City of Muskegon amended Chapter____________, Article ___________ of the
Muskegon City Code, summarized as follows:
1. Section __________ is amended to provide_____________.
2. Section ____________ is amended to add ______________.
Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this
publication.
Published: _________________, 2019 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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DRAFT
09/17/19
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
PROHIBITION OF RECREATIONAL MARIHUANA ESTABLISHMENTS
1. Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon,
Michigan, Sections 34-______ through 34-______ are adopted as follows:
Sec. 34-_____ Purpose and Intent.
It is the intent of this ordinance to opt-out of the Michigan Regulation and
Taxation of Marihuana Act, being Initiated Law 1 of 2018 (MCL Sections 333.27951
through 333.27967).
Section 34-____ Definitions.
Words used herein shall have the definitions as provided for in Initiated Law 1 of
2018, MCL 333.27951 et seq., as may be amended.
Section 34- ______ No Marihuana Establishments.
The City of Muskegon hereby prohibits all marihuana establishments within the
boundaries of the City pursuant to Initiated Law 1 of 2018, MCL 333.27951 et seq.,
as may be amended.
Section 34- ______ Violations and Penalties
1. Any person who disobeys, neglects or refuses to comply with any provision of
this ordinance or who allows or consents to any of the same shall be deemed to be
responsible for the violation of this ordinance. A violation of this ordinance is
deemed to be a nuisance per se.
2. A violation of this ordinance is a municipal civil infraction, for which the fines
shall not be less than $100 nor more than $500, in the discretion of the Court. The
foregoing sanctions shall be in addition to the rights of the City to proceed at law
or equity with other appropriate and proper remedies. Additionally, the violator
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shall pay costs which may include all expenses, direct or indirect, which the City
incurs in connection with the municipal civil infraction.
3. Each day during which any violation continues shall be deemed a separate
offense.
4. In addition, the City may seek injunctive relief against persons alleged to be in
violation of this ordinance, and such other relief as may be provided by law.
5. This ordinance shall be administered and enforced by the Muskegon Police
Department, Zoning Administrator or by such other person(s) as designated by the
City Commission from time to time.
Section 34- ________ Severability
The provisions of this ordinance are hereby declared to be severable. If any
clause, sentence, word, section or provision is hereafter declared void or
unenforceable for any reason by a court of competent jurisdiction, it shall not affect
the remainder of such ordinance which shall continue in full force and effect.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
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 ____ day of
_______________, 2019, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.
Date:_______________________, 2019
________________________________
Ann Marie Meisch, MMC
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City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2019, the City Commission of
the City of Muskegon amended Chapter____________, Article ___________ of the
Muskegon City Code, summarized as follows:
1. Section __________ is amended to provide_____________.
2. Section ____________ is amended to add ______________.
Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this
publication.
Published: _________________, 2019 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/24/19 Title: Amendment to the Medical Marihuana
Facilities Overlay District to also allow
Recreational Marihuana facilities
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff initiated request to amend Section 2330 of the zoning ordinance, the Medical
Marihuana Facilities Overlay District, to also allow for Recreational Marihuana facilities under the
Michigan Regulation and Taxation of Marihuana Act.
Detailed Summary: Staff is proposing to amend the current Medical Marihuana Facilities Overlay
District to also allow for Recreational Marihuana Facilities. The building and site requirements are
essentially the same for recreational and medicinal facilities and they would be allowed within the
same overlay district, as depicted on the map. The Planning Commission voted 7-1 in favor of
recommending approval of the ordinance.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendments to Section 2330 of the Zoning Ordinance to
also allow for Recreational Marihuana Facilities.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Deletions are in red, additions are highlighted.
SECTION 2331: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICT
A Medical Marihuana Facilities Overlay District is hereby created as outlined in Figures 23-2. Within said overlay district
only, Medical Marihuana Facilities and Recreational Marihuana Facilities to the extent licensed pursuant to City Code
Sections 34-201 through 34-208 and (to be determined) are permitted.
A. Overlay District:
1. Location: Please see Figure 23-2 for the location of the overlay district. Within the entire overlay district,
licenses for Provisioning Centers, Growers, Processors, Secure Transporters and Safety Compliance
Facilities are permitted for Medical Marihuana Facilities. A smaller area within the overlay district allows
for Recreational Marihuana licenses for Retailers, Microbusiness, Designated Consumption Establishments,
Temporary Marihuana Events, Growers, Processors, Secure Transporters and Safety Compliance Facilities.
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word
marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana;
nor may pictures of a leaf or leaves, green cross or any other rendering which would depict
marihuana/marijuana be displayed on a sign or any part of the building.
2. Building and Site Amenities. All Grower and Processor facilities must meet the following amenity
requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can enter for
delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the
building.
c. Lighting. There shall be ornamental lighting on the exterior of the building at all ingress and egress
doors. There shall also be at least one decorative street lamp with banner brackets every 30 feet
of linear road frontage. The Zoning Administrator may require these lamps to be located off-site
within the overlay district to create a cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new construction
projects shall require underground sprinkling. Please see Part G, Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or bus shelter
located on site. The Zoning Administrator may require any of these over another to keep a
diversified look throughout the district. Properties that cannot meet these requirements because
of site conditions may allow the Zoning Administrator to locate these amenities anywhere within
the district or within 500 feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated carbon filtration
system for odor control and be maintained in working order.
3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals and unused plant
material.
4. Security. There must be a security presence in place on the property at all times, either by licensed security
guard(s) and/or security cameras. A floor plan with security details is required.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment Requirements:
1. Hours. Provisioning Centers may operate between the hours 8 am and 8 pm.
Provisioning Centers, Retailers and Microbusinesses and Designated Consumption Establishments may
operate between the hours 8 am and 12 pm.
2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word
marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana;
nor may pictures of a leaf or leaves, green cross or any other rendering which would depict
marihuana/marijuana be displayed on a sign or any part of the building. Windows shall remain free and
clear of all advertising.
3. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and Designated
Consummation Establishments must meet the following amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can enter for
delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the
building.
c. Security shutters. The interior of all windows shall require security shutters that give the
appearance of shutters or window shades. Metal bars and gates are prohibited.
d. Lighting. There shall be ornamental lighting on the exterior of the building at all ingress and egress
doors. There shall also be at least one decorative street lamp with banner brackets every 30 feet
of lineal road frontage. The Zoning Administrator may require these lamps to be located off-site
within the overlay district to create a cohesive look for the district.
e. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new construction
projects shall require underground sprinkling. Please see Part G, Landscaping Requirements.
f. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or bus shelter
located on site. The Zoning Administrator may require any of these over another to keep a
diversified look throughout the district. Properties that cannot meet these requirements because
of site conditions may allow the Zoning Administrator to locate these amenities anywhere within
the district or within 500 feet of its boundaries.
g. Carbon filtration system. The building shall be equipped with an activated carbon filtration
system for odor control and be maintained in working order.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure and out of
public view. Walk-up and drive thru windows are not permitted.
5. Security. There must be a security presence in place on the property at all times, either by licensed security
guard(s) and/or security cameras. A floor plan with security details is required.
D. Safety Compliance Facility Requirements:
1. Indoor Activities. All activities of a marihuana safety compliance facility shall be conducted within the
structure and out of public view.
2. Building and Site Amenities. All Safety Compliance Facilities must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the
building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress and egress
doors. There shall also be at least one decorative street lamp with banner brackets every 30 feet
of lineal road frontage. The Zoning Administrator may require these lamps to be located off-site
within the overlay district to create a cohesive look for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall be irrigated.
All new construction projects shall require underground sprinkling. Please see Part G, Landscaping
Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or bus shelter
located on site. The Zoning Administrator may require any of these over another to keep a
diversified look throughout the district. Properties that cannot meet these requirements because
of site conditions may allow the Zoning Administrator to locate these amenities anywhere within
the district or within 500 feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by licensed security
guard(s) and/or security cameras. A floor plan with security details is required.
4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how they will be disposed
of must be provided. The plan must also show how marihuana plants and products will be disposed.
E. Secure Transporter Requirements:
1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure transport vehicle
overnight. Outdoor storage, excluding transport vehicles is prohibited.
2. Building and Site Amenities. All Secure Transporter buildings must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the
building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress and egress
doors. There shall also be at least one decorative street lamp with banner brackets every 30 feet
of lineal road frontage. The Zoning Administrator may require these lamps to be located off-site
within the overlay district to create a cohesive look for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall be irrigated.
All new construction projects shall require underground sprinkling. Please see Part G, Landscaping
Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or bus shelter
located on site. The Zoning Administrator may require any of these over another to keep a
diversified look throughout the district. Properties that cannot meet these requirements because
of site conditions may allow the Zoning Administrator to locate these amenities anywhere within
the district or within 500 feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by licensed security
guard(s) and/or security cameras. A floor plan with security details is required.
F. Temporary Marihuana Event Requirements:
1. Temporary Marihuana Events may be held within the allowed area for Recreational Marihuana Facilities,
including parking lots and the public right-of-way, with the issuance of all necessary local and state permits.
G. Landscaping Requirements:
1. All required front setbacks shall be landscaped with a minimum of two canopy or shade trees, four understory
or evergreen trees and four shrubs, for each 30 lineal feet of road frontage. Access ways from public rights-
of-way through required landscape strips shall be permitted, but such access ways shall not be subtracted from
the lineal dimension used to determine the minimum number of trees and shrubs required.
2. All terraces (area between street and sidewalk) shall be landscaped with a minimum of one canopy tree for
each 20 lineal feet of road frontage.
Properties that cannot meet these landscaping requirements because of site conditions may allow the Zoning
Administrator to locate the required landscaping anywhere within the overlay district or within 500 feet of its
boundaries. Required understory trees, evergreen trees and shrubs may be replaced with canopy trees within the
terrace at a 1:1 ratio.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2330 of the zoning ordinance to amend the Medical Marihuana Facilities Overlay District
to include Recreational Marihuana facilities, pursuant to the City’s Regulatory Marihuana Facilities Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
That Section 2330, the Medical Marihuana Facilities Overlay District is hereby amended and renamed the Marihuana
Facilities Licensing Overlay District and now allows provisions for Recreational Marihuana Facilities.
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 24th day of
September, 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 September 24, 2019, the City Commission of the City of Muskegon adopted an ordinance to
amend Section 2330 of the zoning ordinance to include recreational marihuana facilties within the current overlay
district.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in
the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2019. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
MC
SIXTH
SEVENTH
PARK
SEAWAY
LAKETON B-4 LAKETON
LAKETON
I-2 OSR
I-2 R-1 ALPHA
COMMERCE
R-1
JEFFERSON
SIXTH
FIFTH
HOLBROOK
B-2 HOLBROOK
B-4
TEMPLE
R-1
SANFORD
I-1
PARK
PECK
YOUNG
MUSKEGON HEIGHTS
MUSKEGON HEIGHTS
PROPOSED MMFLA & RECREATIONAL DISTRICT
B-4 GENERAL BUSINESS
I-1 B-2
I-1
CONVENIENCE COMPARISON BUSINESS
LIGHT INDUSTRIAL
SEAWAY
I-2 GENERAL INDUSTRIAL
MC MEDICAL CARE
OSR OPEN SPACE RECREATION
R-1 SINGLE-FAMILY RESIDENTIAL
MUSKEGON HEIGHTS
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