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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 14, 2020 @ 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:
A. Recognition of Inclusive Leadership Academy
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Muskegon Fire Department Turnout Gear Public Safety
C. Arena Digital Sign Replacement Information Technology
D. Addendum Lease Agreement for HVAC/Dehumidification Upgrades at
Mercy Health Arena Finance
E. Metro Act Permit ACD Extension Public Works
F. Metro Act Permit Charter Update Public Works
G. Janitorial Services Public Works
H. Vehicle Charging Stations Public Works
I. Urban Deer Management Public Works
J. Rezoning of 190 Wood Street Public Works
K. Easement Agreement Planning
L. Termination of Restrictive Covenant Planning
M. Termination of Interests Planning
N. Third Amendment to Shared Use Agreement Finance
O. CRC Resignation, Removal, Appointment and Re-Appointment
Recommendations City Clerk
Page 1 of 2
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ 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.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: January 9, 2020
Here is a quick outline of the items on our agendas:
Work Session:
1. Leo Evans and his team will present an updated plan to address the urban deer situation.
We have developed a plan that we believe will have a positive impact on the deer
population size while minimizing the impact on our budget. The plan as proposed should
cost approximately $12,000-$13,000. As part of the plan, we have decided to process
deer that are harvested. They will then be donated to the Men’s Rescue Mission; the
deer will help feed our homeless population. This is included in the cost estimates.
2. Mike Franzak will present our plan to implement paid beach parking for the upcoming
summer. The proposed system will allow for the flexibility to provide free passes to
residents. We anticipate the repayment of capital expenses will take less than two
summers.
3. Staff will present the final changes to the city’s tax incentive policy.
4. Staff will present a plan to sell land at the former Park Street Storage site to the Men’s
Rescue Mission. The new land will allow the mission to expand their offerings to include
more job training, community services, and transitional housing. This will be done
adjacent to the new Catholic Charities site – the two entities are aware of the respective
project and have expressed that their individual activities will likely benefit each
organization.
5. LeighAnn Mikesell will present a recent staff-initiated agreement to provide economic
development resources to the City of Roosevelt Park. We have been doing this somewhat
informally for the City of North Muskegon since this summer, and we would like to ensure
that the Commission is agreement with the cooperation.
Regular Session:
1. Under Honors/Awards:
a. Recognition of the Inclusive Leadership Academy. Dwana Thompson will be in
attendance to acknowledge our recent graduating class and also to notify the
public of the next session.
2. 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. We are seeking permission to purchase new turnout gear for the recently-hired
firefighters.
c. We are seeking permission to replace the digital marquee sign at the arena. We
were originally planning to simply replace the sign board to read “Mercy Health
Arena,” however, the digital sign needs replacement. The proposal will build a
sign that is of higher-quality (in terms of LED light size) than the new sign that was
installed at the Mart Dock. We believe this sign will provide better opportunities
to market community events, as well.
d. We are seeking a change order to the dehumidification replacement contract for
the Mercy Health Arena. The additional cost is associated with a number of issues,
including a delay in receiving the equipment and the discovery of a number of
damaged water lines that previously served as steam lines.
e. Approval of a Metro Act permit with ACD.
f. Approval of a Metro Act permit with Charter.
g. Authorization to award the janitorial services contract to Goodwill.
h. Authorization to purchase and install three electric vehicle charging stations.
i. Approval of the urban deer management plan as discussed at the Work Session.
j. Approval of the rezoning of 190 Wood Street.
k. Approval of an easement agreement to accommodate the Hartshorn Marina
Village Development and maintain access to the Hartshorn boat launch.
l. Termination of the restrictive covenant related to the lots in the industrial park
that were recently sold for marijuana based businesses.
m. Termination of any easement interests at the property recently transferred to
Catholic Charities.
n. We are seeking approval of the third amendment to the lease with the Muskegon
Lumberjacks. This will codify a number of mutually-agreeable changes.
Let me know if you have any questions/comments/concerns
Frank
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 14, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the December 9, 2019 Worksession Meeting, the
December 10, 2019 Regular Meeting, and the January 6, 2020 Organizational 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, December 9, 2019
5:30 p.m.
City Commission Chambers
MINUTES
2019-94
Present: Mayor Stephen Gawron and Commissioners Turnquist, Warren, Johnson, German,
and Rinsema-Sybenga.
Absent: Vice Mayor Eric Hood.
State Representative Terry Sabo and Senator Jon Bumstead Presentation to
Commissioner Turnquist and Commissioner Warren
Both Representative Sabo and Senator Bumstead presented Commissioners Turnquist and
Warren a letter of thanks for their years of service on the City Commission.
Audit Presentation by Eric VanDop - Transmittal of June 30, 2019 Comprehensive Annual
Financial Report
Eric VanDop of Brickley Delong presented to 2019 Comprehensive Annual Financial Report. Mr.
VanDop did provide an overview of the report.
The CAFR includes the annual independent auditor’s report as required by state law. At this
time the CAFR is being formally transmitted to the City Commission. The CAFR has been
prepared in accordance with all current Governmental Accounting Standards Board (GASB)
pronouncements and also includes the single audit of federal grants received by the City.
Mr. VanDop thanked the Finance Department, Treasurer, and City Commission for a job well
done.
Arena Restrooms - Phase 2
The construction of the two new restrooms along the concourse is now complete. Platinum
provided the lowest qualified bid for that work earlier this fall. They completed the work on-time
and on-budget. In the time since the onset of the original restroom construction project, it has
become clear that a number of major repairs/improvements are needed in the other existing
restrooms (much of the plumbing is original to the building). Additionally, we remain under code
requirements for female toilets. The timing for those repairs is very good from a project
sequencing standpoint, as we still have the Western Ave. restrooms in place (demolition will
occur starting in March) and Platinum is still on site finishing their punch list. Staff asked
Platinum to extend their pricing from the first phase to the second phase. Staff is satisfied that
they have done so, and expects that the best value for the project will come from awarding the
renovation of the second phase of restroom work to Platinum as well. The price is slightly higher
because additional work will be required in the locker rooms below the restroom - but will result
in much-needed improvements to locker room lighting and aesthetics, and will make future
restroom renovations easier because plumbing will be more accessible.
Amount requested is $281,000.
This item will be considered by the City Commission at its December 10, 2019 meeting.
LC Walker Arena Naming Rights
As part of the current lease with the Muskegon Lumberjacks, both parties agreed to actively sell
sponsorships that would mutually benefit the City and the team. WC Hockey has facilitated the
development of the sponsorship agreement between the City, Mercy Health, and WC Hockey.
The gross revenue associated with the sponsorship is $1.6 million, to be paid over the next 8.5
years. The Mercy Health name will remain on the arena for 15 years.
City Manager Frank Peterson gave an overview and answered questions of the Commission.
Gary Allore of Mercy Health made a presentation.
Commissioner German left at 8:17 pm.
The Worksession meeting adjourned at 8:20 pm.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 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, December 10, 2019,
Mayor Stephen Gawron, opened the meeting with a blessing, 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, 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.
Absent: Vice Mayor Eric Hood
HONORS AND AWARDS:
A. Recognition of LLS, Inc – Good Buddy Bucks Program
The Mayor and City Commission recognized and thanked LLS Inc., for its
participation in the eighth year of the successful “Good Buddy Bucks” program
which rewards youth for displaying “Good Character” and allow youth to
positively interact with law enforcement.
B. Recognition of Max McKee/Mart Dock for Sponsorship and Participation in
Youth Activities
The Mayor and City Commission recognized and thanked Mac McKee and Mart
Dock for sponsorship and participation in numerous area youth activities and
youth/police relationship building activities.
C. Firearm Activity Information Presentation Public Safety
Public Safety Director Chief Jeffrey Lewis, Captain Shawn Bride, and Sergeant
Jeff Felinski gave a presentation to the Mayor, City Commission, and the public
entitled Intelligence-Led Policing & Community Relations – A Comprehensive
Strategy for Reducing Gun Violence.
Page 1 of 10
PUBLIC COMMENT ON AGENDA ITEMS: Comments were received from the
public.
2019-95 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the November 26, 2019
regular meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Transmittal of June 30, 2019 Comprehensive Annual Financial Report
Finance
SUMMARY OF REQUEST: The City’s June 30, 2019 Comprehensive Annual
Financial Report (CAFR) will be distributed to the City Commissioner via email
and hard copy. The CAFR is also be available on the City’s website. The CAFR
includes the annual independent auditor’s report as required by state law. At
this time the CAFT is being formally transmitted to the City Commission. The CAFR
has been prepared in accordance with all current Governmental Accounting
Standards Board pronouncements and also includes the single audit of federal
grants received by the City.
STAFF RECOMMENDATION: To accept the June 30, 2019 Comprehensive
Annual Financial Report and authorize staff to transmit the CAFR to appropriate
federal, state, and private agencies.
https://www.muskegon-
mi.gov/cresources/2019%20CAFR%20Web%20Version.pdf
C. Equipment Replacement DPW/Equipment Division
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one International 2021 HV607 Cab and Chassis from West Michigan
International, the Mi Deal State contract holder. We are also asking permission
for Terex Utilities to build and assemble the aerial boom and body of the truck.
The amount requested is $179,509.80.
STAFF RECOMMENDATION: Authorize staff to move forward with the
purchase.
D. MDOT Agreement – Lakeshore Drive at Beach Street Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the contact with MDOT
for the construction of the round-a-bout at Lakeshore Drive and Beach Street
and approval of the resolution authorizing the Mayor and Clerk to sign the
contract.
This is the standard contract governing projects that are constructed using
federal funds through MDOT. The estimated cost for the project construction is
$274,800 with $250,000 of that being eligible for reimbursement with federal
Page 2 of 10
funds through the Congest, Mitigation and Air Quality (CMAQ) program.
STAFF RECOMMENDATION: Approve the contract and resolution and
authorize the Mayor and Clerk to sign both.
E. Coastal Zone Grant Application Public Works
SUMMARY OF REQUEST: Staff is requesting Commission approval to apply for a
Coastal Zone Grant through the Michigan Department of Environment, Great
Lakes and Energy (MDEGLE) and approval of the resolution.
Staff is working towards the submittal of a grant application to the MDEGLE for a
Coastal Zone Grant. The focus of the grant application will be based on
providing the city with a management plan for the 10+ miles of coastline on
Lake Michigan and Muskegon Lake that can be incorporated into the City’s
master Plan to guide decision about projects that fall along the coastline. The
grant is also intended to help identify best practices for mitigating damage from
flooding and erosion. Grans provide a 50/50 match and applications are due
December 20th.
FINANCIAL IMPACT: $15,000 + In-Kind Services
STAFF RECOMMENDATION: Authorize staff to apply for the coastal zone grant
and approve the resolution of support.
G. Approval of Lead Abatement Contract for 602 Ada
Community & Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the lead abatement
of 602 Ada to Badgerows Building and Remodeling for the City of Muskegon’s
Homebuyers Program through Community and Neighborhood Services.
The Lead Abatement Contract for 602 ADA received two bids. Community and
Neighborhood Services would like to award the contract to Badgerows Building
and Remodeling for $39,925.
• Nassau Construction - $39,950 (Incomplete bid received)
• Badgerows Building and Remodeling - $39,925
STAFF RECOMMENDATION: To award Badgrerows building and Remodeling
the lead abatement contract for 602 Ada in the amount of $39,925 for the
Community and Neighborhood Services Office.
H. Approval of Rehab Contract for 602 Ada
Community & Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
602 Ada to Custom Exteriors for the City of Muskegon’s Homebuyers Program
through Community and Neighborhood Services.
The Rehabilitation Contract for 602 Ada received three bids. Community and
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Neighborhood Services would like to award the contract to Custom Exteriors for
$82,560. The following bids include roof/alternative bids.
• Nassau Construction - $80,135
• Badgerows Building and Remodel - $87,049 (excludes plumbing,
electrical, and mechanical costs)
• Custom Exteriors - $82,560
STAFF RECOMMENDATION: To award Custom Exteriors the rehabilitation
contract for 602 Ada in the amount of $82,560 for the Community and
Neighborhood Services Office.
I. Approval of Rehab Contract for 567 Leonard
Community & Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
567 Leonard to Badgerows Building and Remodeling for the City of Muskegon’s
Homebuyers Program through Community and Neighborhood Services.
The Rehabilitation Contract for 567 Leonard has be bid twice, with no bidders*.
Since the property has been owned by the City for ten months, CNS sought out
a contractor to finish the rehab project. Badgerows Building and Remodeling
has given a price of $47,850.00 – excluding the Plumbing, Electrical, and
Mechanical costs, which are as follows:
• Shield Plumbing - $7,230.00
• Jewett Heating and Cooling - $6,200.00
• Belasco Electric - $10,663.00
*The only other bid received was from an ineligible contractor
STAFF RECOMMENDATION: To award Badgerows Building and Remodeling
the rehabilitation contract for 567 Leonard in the amount of $47,850.00 (($71,943
including plumbing, mechanical, and electrical), for the Community and
Neighborhood Services Office.
K. Revocation of Alley Vacation Resolutions Planning
SUMMARY OF REQUEST: Request to rescind the resolution that vacated the alley
behind the MATS bus station and the proposed Leonard Building that fronts
Western Avenue.
STAFF RECOMMENDATION: To adopt the resolution rescinding the resolution
that vacated the alley behind the MATS bus station and the proposed Leonard
Building that fronts Western Avenue.
M. Arena Restrooms – Phase 2 City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the proposal from Platinum
Construction to renovate the two remaining public restrooms in the arena.
Page 4 of 10
The construction of the two new restrooms along the concourse is now
complete. Platinum provided the lowest qualified bid for that work earlier this
Fall. They complete the work on-time and on-budget. In the time since the onset
of the original restroom construction project, it has become clear that a number
of major repairs/improvements are needed in the other existing restrooms (much
of the plumbing is original to the building). Additionally, we remain under code
requirements for female toilets. The timing for those repairs is very good from a
project sequencing standpoint, as we still have the Western Avenue restrooms in
place (demolition will occur starting in March) and Platinum is still on site finishing
their punch list. Staff asked Platinum to extend their pricing from the first phase to
the second phase. Staff is satisfied that they have done so, and expects that the
best value for the project will come from awarding the renovation of the second
phase of restroom work to Platinum as well. The price is slightly higher because
additional work will be required in the locker rooms below the restroom – but will
result in much-needed improvements to locker room lighting and aesthetics,
and will make future restroom renovations easier because plumbing will be more
accessible.
STAFF RECOMMENDATION: Authorize the City Manager to accept the
proposal of $266,173.69 from Platinum Contracting Group, and authorize a
contingency budget of $14,826.31 (5.5%)
N. Community Relations Committee Recommendations Clerk
SUMMARY OF REQUEST: To accept the addition, resignations, removals and
appointments for various Community Relations Committees.
• Addition of two positions to the Lakeside Business Improvement District
• Resignation of Doug Pollock and Gary Post from the downtown Business
Improvement District and Poppy Sias-Hernandez from the Community
Development Block Grant/Citizen’s District Council
• Removals of Dian Murray-McKinley and Destinee Keener from the Equal
Opportunity Committee
• Appointments of Ron Jenkins and Allen Serio to the Lakeside Business
Improvement District; Kim Martens to the Farmers Market Advisory Board,
Bruce Lindstrom and Bob Tarrant reappointed to the downtown Business
Improvement District
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the additions, resignations,
removals, and appointments.
Commissioner Rinsema-Sybenga disclosed the fact that his wife works for
Community enCompass, an organization that is a party in a consent agenda
item above.
Page 5 of 10
Motion by Commissioner Warren, second by Commissioner Johnson, to accept
the consent agenda as presented, except items F, J, and L.
ROLL VOTE: Ayes: Gawron, Warren, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2019-96 ITEMS REMOVED FROM CONSENT AGENDA:
F. Allocation of Expected Muskegon County Senior Millage Additional Funds
Community & Neighborhood Services
SUMMARY OF REQUEST: To approve allocations for $85,546 of Muskegon County
Senior Millage funds. This funding is specific to our Senior Citizens, age 60 and
older, to coordinate and provide services, programs, and/or activities in our
jurisdiction.
Planning Division is asking for Commission approval to fund the following
programs:
The Power of Produce for Senior Citizens on Tuesdays at the Farmers market. The
Fruitport Lions and the Shoreline Branch of the Lions manage the program to
reimburse Farmers through a token-reimbursement system. The Clerk’s Office is
asking for funds to extend the program period into the fall season. - $5,000
Department of Public Works has been replacing water lines in the city. For every
replacement ($6,000), these allocated dollars will cover ½ of the cost for a senior
citizen, age 60 or above. The Water Department will use these funds to offset
their annual cost of water lines replaced in our city. - $35,000
Muskegon County Senior Millage Major Home Repair program through the
Community and Neighborhood Services Department is currently closed. This
Major repair program will allow for us to serve our citizens who live in housing
that is substandard – a threat to safety, health and live. The need has been
greater than our budget. We will utilize these funds to stretch our CDBG funding
of Priority Housing repairs to cover us until we receive our 2020 allocations from
HUD. - $42,046
Muskegon Senior Housing Assistance is a newly framed program to offer Seniors
(60 or older) rental deposits if moving into any of our four senior high-rise
locations: Jefferson Tower, Hartford Terrace, Bayview Towers, or Berkshire. These
deposits are to be kept in-house for other seniors who do not have an adequate
deposit to move in. - $3,000
STAFF RECOMMENDATION: To accept and allocation additional Muskegon
County Senior Millage award for 2020.
Page 6 of 10
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to accept and allocate the additional Muskegon County Senior Millage award
for 2020.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
J. Approval of Neighborhood Enterprise Zone Certificate for 1245 5th Street
Planning
SUMMARY OF REQUEST: Community encompass has requested the issuance of
a Neighborhood Enterprise Zone Certificate for the newly constructed home at
1245 5th Street. The estimated cost of the new home is $177,000.
STAFF RECOMMENDATION: Approve the NEZ Certificate for 1245 5th Street.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the NEZ Certificate for 1245 5th Street.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
L. Non-Union Pay Benefits City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the 2020 Non-Union
Employee Wage and Benefit Program.
The following changes are proposed:
1. Cost of living adjustment of 1.9%
2. Increase in employee residency incentive from 4% to 4.5%
3. Increase in employer contribution to retirement for non-pension
employees from 6% to 9%
4. One-time bonus for employees: 0-10 years ($250); 11-20 years ($500);
21+ years ($750)
The additional cost for the fiscal year will be $87,830. No budget amendment will
be necessary.
STAFF RECOMMENDATION: Approve the 2020 non-union Employee Wage
and Benefit Program.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the 2020 Non-Union Employee Wage and Benefit Program.
Page 7 of 10
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Warren
Nays: None
MOTION PASSES
2019-97 PUBLIC HEARINGS:
A. Public Hearing on the Docks Brownfield Plan, 1490 Edgewater Economic
Development
SUMMARY OF REQUEST: To hold a public hearing on the request for a Brownfield
Plan Amendment for The Docks, 1490 Edgewater for Damfino Development LLC
and to consider the resolution.
Damfino Development proposes a local-only tax capture brownfield plan for the
former Pigeon Hill sand mine property at the west end of Muskegon lake. Plans
are for 240 residential site condominiums needing $18.5 million in initial private
capital. The 30-year plan identifies $20,097,500 in eligible expenses plus interest
on borrowing until tax increments pay for the expenses. Part of eligible expenses
is of an estimated $3 million for public infrastructure for the city’s construction of
the traffic circle at Beach Street and Lakeshore Drive, improvements to
Edgewater Street and other roads surrounding the development. The plan
estimates The Docks would create $111.4 million in new property value in the city
after 30 years. The plan also includes $10,000 a year administrative fee to the
city. If the 30-year plan pays off expenses early, the city can have up to five
years of additional tax capture for a brownfield revolving fund. The
reimbursement to the developer vs. City would be done on a prorated basis.
STAFF RECOMMENDATION: To close the public hearing and approve the
Brownfield Plan Amendment for The Docks, 1490 Edgewater for Damfino
Development LLC with the resolution authorizing the Mayor and City Clerk to
sign.
PUBLIC HEARING COMMENCED:
Scott Musselman spoke about the project. An attorney from Warner Norcross
also spoke.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing and approve the Brownfield Plan Amendment for The
Docks, 1490 Edgewater for Damfino Development LLC with the resolution,
authorizing the Mayor and City Clerk to sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
German
Nays: None
MOTION PASSES
Page 8 of 10
2019-98 NEW BUSINESS:
A. 1601 Beach Lessor Agreement Development Services
SUMMARY OF REQUEST: Staff is requesting authorization to sign a lessor
agreement to facilitate funding for the expansion of The Deck restaurant by
1601 Beach LLC at Pere Marquette Park.
The owners of 1601 Beach LLC are planning an expansion to their restaurant, the
Deck, and require funding to do so. Their loan is being guaranteed by the Small
Business Administration who requires a lessor agreement be made between
Community Shores Bank (lender) and the City of Muskegon (property owner).
This agreement outlines procedures and remedies for a potential default on the
loan.
STAFF RECOMMENDATION: Approve the lessor agreement with Community
Shores Bank related to the lease with 1601 Beach LLC and authorize the mayor
and clerk to sign.
Motion by Commissioner Warren, second by Commissioner German, to approve
the lessor agreement with Community Shores Bank related to the lease with 1601
Beach LLC and authorize the mayor and clerk to sign.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
B. Arena Naming Rights Sponsorship City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the naming-rights
sponsorship with Merch Health.
As part of the current lease with the Muskegon Lumberjacks, both parties
agreed to actively sell sponsorships that would mutually benefit the City and the
team. WC Hockey has facilitated the development of the sponsorship
agreement between the City, Mercy Health, and WC Hockey. The gross
revenue associated with the sponsorship is $1.6 Million, to be paid over 15 years.
The Mercy Health name will remain on the arena for 15 years.
STAFF RECOMMENDATION: To approve the Agreement and authorize the
mayor and clerk to sign.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Turnquist,
to approve the agreement with changes by counsel and amended exhibit C
and authorize the Mayor to sign.
ROLL VOTE: Ayes: Johnson, Gawron, Rinsema-Sybenga, and Turnquist
Nays: German
Page 9 of 10
Abstained: Warren
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Comments were received from the
public.
ADJOURNMENT: The City Commission meeting adjourned at 9:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 10 of 10
CITY OF MUSKEGON
ORGANIZATIONAL MEETING
JANUARY 6, 2020
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The City of Muskegon Organizational Meeting was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m., Monday, January 6, 2020. Pastor D.W.
Tolbert, New Hope Baptist Church, opened the meeting with prayer, after which
the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Commissioners Eric Hood, Willie German, Jr.,
Michael Ramsey, Teresa Emory, Dan Rinsema-Sybenga, and Ken Johnson, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Meisch.
2020-01
A. Oath of Office Ceremony 92nd District State Representative, Terry Sabo,
issued the oath of office to Commissioner Eric Hood, Commissioner Willie
German, Jr., Commissioner Michael Ramsey, and Commissioner Teresa
Emory.
B. Election of Vice-Mayor
Motion by Commissioner Rinsema-Sybenga, second by Commissioner
Johnson to appoint Eric Hood as Vice Mayor.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory,
and Johnson
Nays: German
MOTION PASSES
C. Setting Commission Meetings: 5:30 p.m. – 2nd and 4th Tuesdays each
month.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner
Johnson to set the City Commission Meetings for 5:30 p.m. the 2nd and 4th
Tuesdays of each month.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
Johnson, and Gawron
1
MOTION PASSES
D. Setting Worksession Meetings: 5:30 p.m. – Mondays preceding the 2nd
Tuesday each month.
Motion by Commissioner German, second by Commissioner Rinsema-
Sybenga to set the Worksession Meetings for 5:30 p.m. the Mondays
preceding the 2nd Tuesday of each month.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
MOTION PASSES
E. Appointment of City Manager: Franklin J. Peterson.
Motion by Vice Mayor Hood, second by Commissioner Johnson to appoint
Franklin J. Peterson as City Manager.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron,
Hood, and Ramsey
MOTION PASSES
F. Appointment of City Clerk: Ann Marie Meisch.
Motion by Commissioner Johnson, second by Commissioner German to
appoint Ann Marie Meisch as City Clerk.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
Ramsey, and German
MOTION PASSES
G. Appointment of City Treasurer: Sarah Petersen.
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga to appoint Sarah Petersen as City Treasurer.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
MOTION PASSES
H. Appointment of City Auditor: Elizabeth Lewis.
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga to appoint Elizabeth Lewis as City Auditor.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
MOTION PASSES
I. Appointment of City Assessor and Deputy Assessor:
County Equalization Director Donna VanderVries
Deputy Director Dan VanderKooi
2
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga to appoint Donna VanderVries and Dan VanderKooi as City
Assessor and Deputy Assessor.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga,
Emory, and Johnson
MOTION PASSES
J. Designation of City Fund Depositories:
Fifth Third Bank (Main Depository)
Huntington Bank
Comerica Bank
PNC Bank
Motion by Commissioner Rinsema-Sybenga, second by Commissioner
German to designate the City Fund Depositories: Fifth Third Bank (Main
Depository), Huntington Bank, Comerica Bank, and PNC Bank.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory,
Johnson, and Gawron
MOTION PASSES
K. Designation of Firm to Act as Legal Counsel: Parmenter Law.
Motion by Vice Mayor Hood, second by Commissioner Johnson to
designate Parmenter Law to act as legal counsel.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
MOTION PASSES
2020-02 NEW BUSINESS
A. NEW BUSINESS
Appointments of Ex-Officio Members to various Boards and Committees
by Mayor Gawron are as follows:
Community Relations Committee (CRC) – Dan Rinsema-Sybenga
Community Development Block Grant – Citizen’s District Council (CDC) –
Ken Johnson
Equal Opportunity Committee (EOC) – Eric Hood and Willie German, Jr.
Farmer’s Market Advisory Committee – Teresa Emory
Historic District Commission (HDC) – Teresa Emory
Housing Board of Appeals (HBA) – Michael Ramsey
Housing Commission – Willie German, Jr.
Planning Commission – Eric Hood
3
Zoning Board of Appeals (ZBA) – Willie German, Jr.
Land Bank Authority - Eric Hood
West Michigan Regional Shoreline Development Commission (WMSRDC) –
Ken Johnson
Public Safety Director, Jeffrey Lewis, gave an update on an incident that took
place in the City today at the request of Commissioner German.
Meeting Adjourned at 6:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/14/2020 Title: Arena Digital Sign Replacement
Submitted By: Jim Maurer Department: Information Technology
Brief Summary:
Currently, the Arena’s digital sign located on Shoreline drive is not functioning. The
electronics, manufactured in 1997, are continually breaking down.
We have spent months working with multiple vendors on quotes for a new 10mm LED
message board with updates to the marquee for the Arena. Four offers were received
ranging from $65,888 to $108,117; we are recommending the Vizidef proposal for $65,888.
Detailed Summary:
Amount Requested: $65,888 Amount Budgeted: $65,888
Fund(s) or Account(s): Arena Fund(s) or Account(s): Arena
Recommended Motion:
Approve the Vizidef quote for $65,888
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
Information Technology
Memorandum
To: Frank Peterson, City Manager
From: Jim Maurer, Information Technology Director
Date: 12/10/2019
Re: Quotes for Arena Sign
Attached are four quotes to replace the sign and retrofit the existing structure at the LC
Walker Arena. We did not do an RFP but instead called individual companies.
As shown in the table below, the lowest quote is from Vizidef for $65,888, which is $42,229
less than Tischco and $33,672 less than Postema (they installed the sign at the Mart Dock).
Vizidef Tischco Advanced Signs Postema (Watchfire)
Remove old base and new $28,482 $7,600 $12,116 $15,285
10mm LED Display $28,436 $96,717 $74,500 $84,275
Information Technology – Arena Sign Quotes
Warranty 5 year + 3 sup NA 5 year 5 year
Implementation + Shipping $8,970 $3,800
Location Walker (Ward) Muskegon Ferrysburg (Nige GR (did Mart Dock)
Total $65,888 $108,117 $86,616 $99,560
Amount over lowest bidder > $42,229 $20,728 $33,672
Replacement is recommended because of the numerous problems we are having with our
old sign from 1997.
The Advance Signs quote came from Nigel Hawryliw, who was employed at the Arena.
The quote from Vizidef is from Ward LaDuke, who is LeighAnn’s partner; Ward also
provided us with a quote for work on audio/visual equipment back in 2016.
Thank you,
Jim Maurer
Technology Director
933 Terrace Street
Muskegon MI, 49443
WATCH MUSKEGON
(231) 724-6964 · ShorelineCity.comEEE
P a g e 1 of 1
Vizidef Quote
$65,888
120.00 in (+/-)
192.00 in (+/-) existing cabinet
4.00 in
4.00 in
60 in (+/-)
existing
cabinet Flex face, retro to LED, repaint
2.25 in
300.00 in
90 in EMC Existing sign to be re-worked to
(+/-)
accommodate new message center
30.00 in Existing base to be repainted with
new surface applied vinyls / digital print
168 in EMC
42.01 in
ELEVATION - SIDE A
Digital Prints Required
Typeface is Georgia Bold MAP to match Grey TBD on opaque white w/
Lime Green Scotchcal European Blue Scotchcal
(to match existing) #3630-136 #3630-137
matte overlaminate
DRAWING #171,770A
" = 1'-0"
ONE (1) EXISTING D/F ILLUMINATED PYLON SIGN
CUSTOMER SIGNATURE: DATE: TO BE REFURBISHED
The designs, details and plans represented herein are the property of Valley City Sign; specifically developed for your personal use in connection with the project being planned for Vizidef - LC Walker Arena
you by Valley City Sign. They are not to be shown to anyone outside of your organization, nor are they to be used, reproduced, exhibited or copied in any fashion whatsoever. All or
PHOTOSCAN (S): No DESIGNER: JV
any part of these designs (except registered trademarks) remain the property of Valley City Sign. Colors represented are being viewed by various web browsers, computer monitors
and printers, therefore an exact representation of colors shown cannot be guaranteed via these methods. For true color matching, please request a material sample. DATE: 9.13.19 JV
HOURS: 1.75 SALES: 32(SU)
PROPERT Y OF VALLEY CIT Y SIGN
19-VDi-4822 - City Of Muskegon - New LED Wall and Marquee Face Lift
4751 3 Mile Road NW
Suite A
Grand Rapids MI 49534
(616) 710-1247
support@vizidef.com
Proposal for: City Of Muskegon
Solution Proposed: New LED Wall and Marquee Face Lift
Proposal #: 19-VDi-4822
Date: 9/13/2019
Quoted By: Ward LaDuke
ward@vizidef.com
Customer Address: 933 terrace street
Muskegon mi 49443
Customer Contact: Jim Maurer
Phone: (231) 724-6964
Email: jim@shorelinecity.com
Solution Configuration:
This quote includes standard ground shipping and/or freight costs as estimate only, actual shipping billed with final invoice.
A formal Scope of Work will be provided once the design is discussed and fine tuned to meet the expectation for the space.
This proposal encompasses a New LED Message Board and updates to the Marquee for LC Walker Arena
Project Address:
470 W Western Ave
Muskegon MI 49440
Itemized List:
Qty. Product Description Unit Price Ext. Price
New LED Wall and Marquee Face Lift
FS10 SMD LED Display .724 sq/m per side - .975 m (W) x .762 m (H) 3.2' (W) x 2.5' (H))
Dual Sided Back-To-Back LED Wall System
>7500nits Brightness, Front Serviceable Cabinet
• Uniform color and high contrast ratio, bringing up fresh and natural image
• Low power consumption and fine heat release
• Super wide viewing angle increasing its value by covering more audience 160o
(Horizontal), 160o(Vertical) • No deformation under sunlight by the use of anti-UV
modules
• Long service time and low attenuation by applying duel channels for heat dissipation
• High protection grade of IP65 achieved by applying duel channels for heat dissipation
• High protection grade of IP65 achieved by patented mask design with waterproot and
1 dustproof fucntion • Safe and reliable operation ensured by stable signal and power $28,436.36 $28,436.36
supply
• NovaStar video processing and NovaCare comprehensive status monitoring hardware
included
• NovaStar LED Wall procesor included
• Ubiquiti WiFi Trantmit/Receive Bridge between building and marquee
• Eaton power distribution for both sides, 1 - 20amp circuits required per side
• EMI RFI Power Line Filter and Lightning Protection Surge Protector
• 5 Year Zero-Failure Warranty on LED Components
• 3 Year Warranty on Power Supplys, receiving cards, cables and other supporting
hardware
• Vizidef Maintenance & Support Services are available
Valley City Sign will provide:
• Retro top sign to have new retainers and new flex faces. (industry best)
1 • Change sign to be internally illuminated with all LED lighting, (3 yr parts / labor warranty) $28,482.00 $28,482.00
• Remove existing lower signs, Fab and prep and help install new msg centers, filler pcs.
• All parts and Labor included
Vizidef Implementation
Implementation to include but not limited to project coordination, cost calculations/site
1 survey, installation materials, travel, offsite fabrication/quality check, onsite installation, $7,507.55
engineering, programming, CAD drawings, and clerical support.
1 Estimated Shipping & Handling $1,465.65
9/13/2019 15:29:03 1
19-VDi-4822 - City Of Muskegon - New LED Wall and Marquee Face Lift
Pricing is valid for 30 days
Equipment Total: ($ 56,918.36)
Tax: ($ - )
S&H: ($ 1,465.65)
Service Support: ($ 7,507.55)
Total: ($ 65,891.56)
4751 3 Mile Road NW
Suite A
Grand Rapids MI 49534
(616) 710-1247
support@vizidef.com
Vizidef A/V Service & Support
Qty. Product Code Product Description Extended Price
Vizidef Basic Support Service - 1 year Warranty - will include Priority Queuing with
Freshdesk Online Customer Support Software and Helpline Call Support during normal
Basic Support Services -
1
1 year
business hours, Remote Diagnostics & Troubleshooting where major troubles are Included
responded to within four hours and a minor troubles are responded to within the next
business day, and included On-Site technician.
Vizidef Basic Support Services - 3 year Warranty - will include Priority Queuing with
Freshdesk Online Customer Support Software and Helpline Call Support during normal
Basic Support Services -
1
3 year (Cost per year)
business hours, Remote Diagnostics & Troubleshooting where major troubles are $1,288.74
responded to within four hours and a minor troubles are responded to within the next
business day, and included On-Site technician.
Terms & Conditions
All content, products, shipping, labor and pricing in this quote are confidential, and are only estimates based on understood customer needs, current pricing and availability, and are
subject to change, which will be reflected in progress via Change Orders for Customer approval and thusly at time of Invoice. Customer acknowledges and trusts that this Quote,
Change Orders, if applicable, and subsequent corresponding Invoice(s) dually serve as a Bill of Lading should one not be provided at time of delivery, and that the purchase of
equipment changes its title and ownership to the Customer at FOB Shipping Point. Technical labor services (CAD, Programming and Engineering) are and can be provided
independently from all general equipment labor, and installation labor and services are documented as being performed after title of equipment and purchases transfers to the
Customer.
If necessary, based on the scale and extent of this quote, a scope of work may be provided to further confirm customer and Vizidefs responsibilities. A customer signature here is
required to confirm approval of this quote and to commence any further work by Vizidef. Dually, should Customer accept any work performed by Vizidef or receipt of equipment
according to any interpretation of what is proposed in this quote without signing this Quote, its corresponding Scope of Work (if applicable) or other contract/agreement (if applicable),
Customer regardless acknowledges and agrees Customer’s financial responsibility for payment in full for the price outlined here in this Quote, Change Orders, if applicable, and
subsequent corresponding Invoice(s) if price is determined different, according to the following terms unless specified otherwise: TBD
This proposal does not include any permits.
If found, all hazardous material will be abated by others.
All equipment to be installed will be installed by Vizidef or approved Vizidef Subcontractor or unless otherwise negotiated with the client to use members of the clients staff. Final
connections and programming are done by Vizidef.
This proposal does not include any new electrical power.
All new products are guaranteed to be as specified by the manufacturers documentation and are provided with the manufacturer's standard product warranty. All refurbished
components, if applicable, are covered by Vizidef direct warranty. Customer is responsible for any electrical service, environmental conditions, and cable work needed to support the
quoted products unless otherwise specified on the quote. Any changes to the above product and/or scope of work will require the written authorization by both Vizidef and the
customer. The grand total does not include taxes and freight charges are only estimates based on standard ground shipping, and as applicable theses final cost will be added to the
invoice.
In order to ensure delivery of a quality system, Vizidef employs a process that requires testing in quality control at our facility. Our standard process requires eight weeks from receipt
of purchase order and signed scope of work for Vizidef to arrive on site. Specific project completion dates will be discussed during the initial project team call/meeting.
By signing below, Customer makes an offer to purchase the products and/or service above from Vizidef. Vizidef’s acceptance of this offer to purchase shall be evidenced by the
conversion of the Quote into a Vizidef Invoice, and the return of the Invoice and Invoice number to the customer.
Any and all custom design, product creation and system design work are considered intellectual property of Vizidef and can not be used by the client without written consent to the
client from Vizidef. Any unauthorized use of the aforementioned intellectual property without expressed written consent from Vizidef can and will be pursued under the fullest extent of
the law.
The reception of a Purchase Order qualifies as a signature of this quote document and the client agrees to the pricing and conditions listed above.
By: _____________________________ Title: ___________________________________ Date: ____________
9/13/2019 15:29:03 2
Vizidef Tel. (616) 818-5182
4751 3 Mile Road NW
Grand Rapids MI 49534 http://vizidef.com
What Our Warranty Means to You
(Warranty Summary)
Vizidef Live Surface Media™ displays are designed to help you communicate critical
messages with your audience. Acknowledging the importance of this, we developed
a warranty solution that exceeds the demand for our clients requirements. We are
backing our innovative displays with the following
5 Year Zero-Failure Warranty
○ All equipment is under a 5 Year Zero-Failure Warranty to maximize and
maintain the highest quality of LED display to satisfy a multitude of
applications. This provides worry-free operation for up to 5 years from the
date of installation.
Vizidef Service Support
○ All 5 Year Zero-Failure Warranty displays include a minimum 1 Year Vizidef
Service Support contract that warranties all workmanship up to 12 months
after the date of installation. Additional coverage can be purchased prior to
installation.
○ Vizidef 1 year Service Support Warranty - 1 year Warranty will includes
Priority Queuing with Freshdesk Online Customer Support Software and
Helpline Call Support during normal business hours, Remote Diagnostics &
Troubleshooting where major troubles are responded to within four hours and
a minor troubles are responded to within the next business day. Vizidef offers
additional Service Level Agreements (SLA) that include on-site services, all
repairs and maintenance, as well as offering enhancements to the on-site
spares kit.
Industry Standard vs Vizidef Standard
○ Our competitors provide a 0.5% LED failure rate; this may seem low but in
comparison a display with 1 million LED’s an acceptable failure rate is
anything below 5,000 individual LED’s. These failures would not be covered
under their existing warranty leaving the customer paying for the repair.
○ At Vizidef we find this to be unacceptable. That is why we offer a
Zero-Failure 5 year guarantee. If a single pixel on your display goes out,
we will repair or replace it for up to 5 years after installation, so that your
display will always be of the highest quality.
Vizidef LLC 5 Year Zero-Failure Warranty
1
Vizidef Tel. (616) 818-5182
4751 3 Mile Road NW
Grand Rapids MI 49534 http://vizidef.com
(The Fine Print)
This Standard Limited Warranty applies to all displays sold by Vizidef to End Users,
Resellers or Distributors, unless otherwise stated (these displays are referred to in this
Warranty as a “Display” or the “Displays” or “LED Wall(s)”). As used in this Warranty, the
term Display includes the associated Vizidef controller devices.
Effective Date: The effective date for the beginning of Warranty Period is from the date of
shipment of a Display from Vizidef directly to an End User or the first date of shipment of a
Display by a Vizidef Reseller or Distributor to their customer.
Warranty: Vizidef warrants to the End User that the Display will be free from defects in
material and workmanship under normal use as intended by Vizidef for the standard
Warranty Period. This warranty applies only to the Display as originally installed at the End
User’s location and does not cover Displays resold beyond the initial installation, nor
displays used as rentals or other temporary installations.
Warranty Exclusions:
This warranty does not apply (i) to any Displays or controller devices where the serial
number has been removed or obliterated or (ii) to any Displays sold by a Reseller to an
End User and then resold or rented.
Failure to perform appropriate regular maintenance as required and in accordance with
maintenance schedule specified by Vizidef will void the Warranty.
End Users/Customers are required to use appropriate shipping materials to return Displays
(we recommend retaining the original packaging/crating and shipping materials, where
possible). In the unlikely event components of the Display need to be returned to Vizidef for
manufacturing service support, the End User/Customer is required to pay the shipping and,
if located outside the USA, export the components involved for repair to Vizidef support
manufacturer. Vizidef will then pay the return shipping back to the End User/Customer of
the repaired or replaced components.
Vizidef LLC 5 Year Zero-Failure Warranty
2
Vizidef Tel. (616) 818-5182
4751 3 Mile Road NW
Grand Rapids MI 49534 http://vizidef.com
This warranty does not cover:
(a) Display damage or loss including theft occurring during shipment from
Vizidef facilities to the End User or distributor. (failure of Displays at the time of
installation is covered under this Warranty)
b) Display damage or failure to LEDs beyond the recommended life. Generally,
Vizidef LEDs have a recommended life of ten years.
(c) Display damage or failure associated with connecting or interfacing a Display
with a device that has not been approved by by Vizidef.
(d) Display damage or failure associated with any repairs to the Display within the
Warranty Period by any repair personnel who have not been authorized or approved
by Vizidef.
(e) Display damage or problems caused by the use of non-approved replacement
parts by unauthorized repair personnel.
(f) Display damage or failure caused by misuse, improper handling, improper
moving, improper power source attached, accidents, fire, flood, lightning, earthquake
or other natural disaster or man-made disasters including power
surge(s), vandalism, terrorism, tampering, environmental conditions,inappropriate
storage and any unsecure mounting or hanging.
(g) Display damage or failure caused by improper installation/alignment or set-up or
by service personnel who have not been approved by Vizidef.
(h) Display damage or failure caused by any Display modifications except as
performed by Vizidef personnel or their authorized Service Partners.
(i) Display damage or failure caused by use of Displays while in motion unless on a
platform or other movable device specifically approved by Vizidef.
(j) Use of Displays beyond Vizidef authorized tolerances which are set
or calibrated by Vizidef prior to shipment.
(k) Display failure due to normal wear and tear including rips and dents.
Considered Defect/Failure:
Vizidef will repair or replace a Display Board should even a single pixel fail to operate
normally meaning fail to light at all, fail to light a component (RGB), being “stuck” on a
color or become intermittent (weakened solder joint); if an electrical or electronic
components fails to operate normally (power supply, digital communication boards, display
interface unit, etc); or a mechanical failure (except in non-covered instances listed above)
of the Display cabinet or Vizidef supplied mounting hardware.
Territory and Time of Repair:
The Warranty applies to Displays sold world-wide, however the removal/reinstallation and
the shipping of failed components to Vizidef remains the responsibility of the purchaser. This
Warranty does not obligate Vizidef to provide any on-site warranty service at the location of
the Display. Vizidef offers Service Level Agreements (SLA) that include on-site services,
including all repair and maintenance, as well as offering enhancements to the on-site spares
kit. There are three levels of SLA available that include various levels of on-site spares and
response windows. See your Vizidef representatives for more details.
Vizidef LLC 5 Year Zero-Failure Warranty
3
Vizidef Tel. (616) 818-5182
4751 3 Mile Road NW
Grand Rapids MI 49534 http://vizidef.com
Warranty Process:
Vizidef or their authorized Service Partner must be notified of the defect during the
Warranty Period. The End User/Customer should email support@vizidef.com or call (616)
818-5182 or notify the appropriate authorized Service Partner immediately on discovering
the defect. A Freshdesk Support Ticket number will be provided by follow up email or at the
time of the call. Vizidef will repair or replace the defective parts without charge during the
Warranty Period. Vizidef will make all reasonable efforts to complete the repair as quickly as
practicable.
Vizidef may stage parts at the End Users/Customers location. These parts should be kept in
a secure and accessible place. If Vizidef or its authorized Service Partner does not have
parts on site, then parts will be set via overnight delivery at Vizidef’s expense during the
Warranty Period. Surcharged/duties may apply for shipment of parts to International
locations and these will be the responsibility of the End User/Customer.
In making any repair under warranty, Vizidef or their authorized repair Service Partner may
use new or refurbished parts. Vizidef warrants replacement parts used in making warranty
repairs for the remainder of the original Warranty Period.
This warranty may be supplemented or modified by other programs offered by Vizidef, if
applicable, including Vizidef extended Warranty Periods and/or by express written
agreement with Vizidef. This warranty does not apply to obsolete, refurbished or
demonstration Displays offered for sale by Vizidef except as expressly agreed in writing.
EXCEPT AS OTHERWISE EXPRESSLY AGREED BY VIZIDEF IN WRITING, THIS WARRANTY
APPLIES IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, AND
VIZIDEF MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, WRITTEN,
ORAL OR STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OR CONDITION OF NON INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE, ALL OF WHICH OTHER WARRANTIES OR
CONDITIONS ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIZIDEF WILL HAVE NO
LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, WHETHER OR
NOT VIZIDEF HAS BEEN ADVISED THAT ANY SUCH DAMAGES MAY OCCUR.
Vizidef LLC 5 Year Zero-Failure Warranty
4
Vizidef Tel. (616) 818-5182
4751 3 Mile Road NW
Grand Rapids MI 49534 http://vizidef.com
VIZIDEF SPECIFICALLY DISCLAIMS ANY LIABILITY DUE TO DEATH, DAMAGES OR INJURY
DUE TO INAPPROPRIATE USE, MOUNTING OR HANGING OF THE SPECIFIED DISPLAYS. THIS
WARRANTY IS GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, USA AND MAY NOT
BE ASSIGNED.
Service Level Agreement (SLA):
Vizidef offers an annualized Service Level Agreement on its Displays and controllers for
additional charge(s). Such Service Level Agreement(s) covers labor and travel-related costs
for the contracted period.
SLA Pricing:
The available SLA programs are priced according to the SLA Pricing Schedule, available from
your Vizidef Representatives.
Additional Warranty Periods/Special Requirements:
Additional Warranty Period/Special Requirements are to be determined at the time of the
original sale.
Out of Warranty:
Repair/Replacement of Displays that are out of warranty will be subjected to MSRP pricing
and standard repair labor rates.
Vizidef LLC 5 Year Zero-Failure Warranty
5
Postema Quote
$99,560
Company: City of Muskegon We recycle fluorescent lamps,
plastics, aluminum, and steel.
Ask us about energy efficient lighting.
Contact: James Maurer
j@postman.org Quotation
231-724-6964 Quote Date: 11/26/2019
Project: L.C. Walker Arena Quotation valid for 60 days
470 W. Western TERMS:
Muskegon, MI 49440 Deposit - 75%, Net Due 15 Days
Description Amount:
Provide (2) 5ft x 16ft painted embossed polycarbonate pan faces to replace the existing $9,885.00
faces and provide "Watch Muskegon" vinyl graphics for upper portion of the sign. Includes
fabrication of a mounting structure for display attachment and preparing display for installation.
Provide one, double sided, WatchFire - 16mm full color LED Display, 7'-5" x 14'-3" $53,675.00
Includes Temperature Sensor and 4G Wireless Cellular with Life-of-Sign data plan.
Modification of existing sign and installation of the new signage $5,150.00
Software Setup and basic training $250.00
Michigan Sales Tax not included
TRUE 5 Year Electronic Display Warranty
Above pricing includes a 5 year factory parts warranty from Watchfire and a 5 year labor
warranty from Postema Sign and Graphics.
Optional 10mm Resolution Upgrade
Change electronic display to be a Watchfire 10mm full color display, Add $30,600.00 plus tax
Note: PERMIT expenses and acquisition fees are NOT included in the above pricing.
11/26/2019 Total: $68,960.00
Jim Vantol Date Upon Approval, please sign
& return to Postema Sign
with your deposit.
All electrical circuits are to be
ran to the sign location by
Approval Date the business owner.
Advanced Quote
$86,616
SIGNAGE PROPOSAL
Date: 11/21/19
Bill to: Jim Maurer
Address:
City/State/ZIP: Muskegon, MI 49440
Contact: Jim Maurer
Phone:
Email: jim.maurer@shorelinecity.com
Specifications: 10mm SMD LED Display Quote
Electro-Matic-
(1) 7’h x 14’4”w Double Sided 10mm SMD Full Color Electro-Matic L.E.D digital display.
This display Pluto Manager Pro Software, Brightness Sensor, and Temperature sensor capable of
full hd video, text, and animation graphics display. Wi-Fi Wireless Communication Package
included and set up software included.
LED Display Value: $74,500.00
Remove and Install-
Three service technicians with two service vehicles and one crane truck to remove two double-
sided sign cabinets. Install new LED Display and connect power. After all signs have been
installed make sure everything is lighting properly if power supplied by owner.
Install: $4,000.00
Total: $78,500.00
- Five year labor warranty, and five year on parts
- Permit additional
- Final electric by owner
__________________________________________________________________
Terms: 50% down with balance due on completion of job
Terms and Conditions
Sketch Deposit: The sketch deposit covers minimal costs involved in developing a concept. It does not cover the actual purchase price of a custom design, with a
quoted minimum price. The sketch remains the property of the designer.
PRICE QUOTATION GOODFOR 30 DAYS.
PRICES as indicated above, are minimum estimates for art or sign work only. Photostats, typography, photographs, overtime changes and/or time additions, delays
caused by the client, special consultations and all other work expenses that cannot be estimated accurately in advance will be billed extra unless otherwise specified
FINISHED art, mechanicals , and signs will be released for use by the clients only. Mechanicals, original sketches and materials other than signs originated by the
designer are the property of the designer, and will be held for the client, unless otherwise shown.
Sign remains the property of ADVANCED SIGNS until it is completely paid for. If not paid for in ninety (90) days, ADVANCED SIGNS may remove sign, unless
otherwise agreed.
SPECIAL conditions on client's purchase order in no way negate the above Conditions of Sale. In ordering the work described above, the client accepts all of these
conditions whether noted on this purchase order or not.
IF UNUSUAL DIGGING conditions (i.e.: ledge, water, etc.) are encountered in ground installations, this contract is binding: however, an additional cost based on our
labor, plus ___% on subcontract labor and materials, will be added to the above price.
THE CLIENT agrees to pay all costs of collection in the event of default of payment by the client, including a reasonable attorney's fee. In the event of delinquent
payments, the client will be charged a rate of ___% interest every month after the first 30 days.
QUOTED BY _ _________________NIGEL___________________________________Date _________11-21-19_________________________.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work above as specified. Payment will be
made as outlined above.
Signature __________________________________________Date ______________
401 2ND STREET * PO BOX 67 * FERRYSBURG MI 49409 * PH 616-846-4667 * FAX 616-846-3263
SIGNAGE PROPOSAL
Date: 11/22/19
Bill to:
Address:
City/State/ZIP: Muskegon, MI 49440
Contact: Jim Maurer
Phone:
Email: jim.maurer@shorelinecity.com
Specifications: New Pylon Sign Faces with LED Display
Fabrication-
(2) 60”h x 228”w Single sided stretch sign faces with LED lighting and high performance vinyl
graphics applied.
Value: $4,469.00
(2) 60”h x 228”w aluminum retro-fit kit for existing sign cabinet
Value: $1,447.00
Remove and Install-
Two Service Technicians with One Service Vehicle and One Crane Truck to install signage.
After all signs have been installed make sure everything is lighting properly if power supplied by
owner.
Install: $2,200.00
Total: $8,116.00
- Five year labor warranty, and five year on parts
- Permit additional
- Final electric by owner
__________________________________________________________________
Terms: 50% down with balance due on completion of job
Terms and Conditions
Sketch Deposit: The sketch deposit covers minimal costs involved in developing a concept. It does not cover the actual purchase price of a custom design, with a
quoted minimum price. The sketch remains the property of the designer.
PRICE QUOTATION GOODFOR 30 DAYS.
PRICES as indicated above, are minimum estimates for art or sign work only. Photostats, typography, photographs, overtime changes and/or time additions, delays
caused by the client, special consultations and all other work expenses that cannot be estimated accurately in advance will be billed extra unless otherwise specified
FINISHED art, mechanicals , and signs will be released for use by the clients only. Mechanicals, original sketches and materials other than signs originated by the
designer are the property of the designer, and will be held for the client, unless otherwise shown.
Sign remains the property of ADVANCED SIGNS until it is completely paid for. If not paid for in ninety (90) days, ADVANCED SIGNS may remove sign, unless
otherwise agreed.
SPECIAL conditions on client's purchase order in no way negate the above Conditions of Sale. In ordering the work described above, the client accepts all of these
conditions whether noted on this purchase order or not.
IF UNUSUAL DIGGING conditions (i.e.: ledge, water, etc.) are encountered in ground installations, this contract is binding: however, an additional cost based on our
labor, plus ___% on subcontract labor and materials, will be added to the above price.
THE CLIENT agrees to pay all costs of collection in the event of default of payment by the client, including a reasonable attorney's fee. In the event of delinquent
payments, the client will be charged a rate of ___% interest every month after the first 30 days.
QUOTED BY _______________NIGEL______________________________________Date ___________11-22-19_______________________.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work above as specified. Payment will be
made as outlined above.
Signature __________________________________________Date ______________
401 2ND STREET * PO BOX 67 * FERRYSBURG MI 49409 * PH 616-846-4667 * FAX 616-846-3263
Tischco Quote
$108,117
OVER 20 YEARS OF INDUSTRY EXPERIENCE
2107 Henry Street, Muskegon, MI 49441
Telephone 231.755.5529 Cell 231.578.2308
Fax 231.755.0959
Email: service@tischcosigns.com
December 02, 2019
Jim Maurer
LC Walker Arena.
We are pleased to submit our proposal and pricing for the following Sign Package.
Tischco to provide (2) 5’x16’ pan faces to main DI section of pylon sign.
Faces to be embossed pans and back painted with approved art work.
The section above the main ID section will have the “Watch Muskegon” logo
Logo to be applied in a non lit, fleet graphic vinyl print.
The current LED display and lower sign cabinets (Pepsi & Bud) will be removed
And replaced with a 10mm Ebesco LED message center.
Matrix Pixel Height 224 x 416.
Active Display Height size of LED display. 7’4 ¼’’ x 13’7 ¾’’
Daystar Media Software included.
Communication WIFI
(2) 5’x16’ sign faces…………………………………………………………………$ 6,700.00
“ Watch Muskegon “ graphics………………………………………………… $ 900.00
Two 7’4 ¼’’x 13’ 7 ¾’’ 10mm displays……………………………………. $ 96.717.00
Steel support, mounting angle, electrical hardware,
shop labor and installation of signs ……………………….……….…..$ 3,800.00
Our terms of trade are 75% deposit upon acceptance and balance upon completion of
installation. Our prices do not include sales tax, town planning permit fees, engineering
drawings, or any legal fees. Estimated lead time would be approximately 6-8 weeks from
the dare of acceptance of our proposal, subject to local government and management
approval of the new signs.
Thank you for the opportunity to bid on this project as we look forward to doing
business with you. If you have any questions, please feel free to contact me.
Kind Regards,
Matthew Tisch
Tischco Signs and Service, 231-755-5529
-
Control unit of our current sign
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 14, 2020 Title: Addendum Lease Agreement for
HVAC/Dehumidification Upgrades at Mercy
Health Arena.
Submitted By: Beth Lewis Department: Finance
Brief Summary: In May 2019 the Commission approved the lease agreement with Team Financial
for the HVAC/Dehumidification Upgrades at the Mercy Health Arena. The work is complete
however some additional mechanical & plumbing work needed to be done and new return lines in
the Locker Rooms and NW Concourse Restrooms were needed because existing lines ruptured.
The additional costs were $76,872.39 and staff is seeking authorization to sign an addendum to
the lease agreement with Team Financial for $76,872.39.
Detailed Summary: After work began to upgrade the Dehumidification and HVAC systems the
original supplier of the Dehumidification Unit back out. A new supplier had to be secured creating
a delay that put strain on our old system that required Hurst to do a lot of troubleshooting and
repairs to keep the system going until the new one arrived. This also includes the work done to
replace heating return lines on an emergency basis after they ruptured. Please note on the
attached backup that they did take the rebates they will get from DTE and Consumers Energy off
the additional amount we are being charged.
Amount Requested: $76,872.39 Amount Budgeted: $0
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s):
Fund
Recommended Motion: To authorize staff to sign an addendum to the Lease Agreement with
Team Financial for $76,872.39 for HVAC/Dehumidification upgrades at Mercy Health Arena.
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: January 14, 2020 Title: Metro Act Permit ACD extension
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Approve the extension of an existing Metro Act permit from ACD.net to access and use the public
right-of-way within the city.
Detailed Summary:
KEPS Technologies, Inc dba ACD.net, currently holds a Metro Act permit with the City of
Muskegon. That agreement is set to expire on 2/10/2020. ACD.net has requested a five year
extension, to the date of 2/10/2025.
Amount Requested: none Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Approve the extension to Metro Act permit for ACD.net.
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: January 14, 2020 Title: Metro Act Permit Charter update
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Approve the modification to an existing Metro Act permit from Charter Communications LLC to
access and use the public right-of-way within the city.
Detailed Summary:
Charter applied for and was granted a Metro Act permit from the City of Muskegon in 2014 with a
term of 15 years. The Metro Act permit was obtained to allow for Charter to provide data services
to commercial customers.
In keeping with section 2.1 of the Metro Act form, Charter is providing the attached map and
description as an update.
Amount Requested: none Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Approve the update to Metro Act permit for Charter Communication.
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: January 14, 2020 Title: Janitorial Services
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve a janitorial contract with Goodwill Industries of West
Michigan to provide services at City Hall and the Public Works building.
Detailed Summary:
Staff solicited bids for a new 3 year janitorial contract (with a 4th year option) for City Hall and
Public Works buildings. There were three bidders for the contract. The three year bid total for the
contract was as follows:
• Professional Building Services - $142,230.00
• Goodwill Industries of West Michigan - $145,668.32
• Reliant Professional Cleaning - $236,656.00
Staff is recommending the contract be awarded to the second low bidder; Goodwill Industries West
Michigan. Goodwill Industries West Michigan bid total for the three (3) year contract is 2.4%
($3,438.32) higher than the low bidder. Goodwill is based within the City of Muskegon and eligible
for local preference. In addition Goodwill provides opportunities that encourage social equity in the
community. Being locally based and providing additional social equity programs in the community
resulted in staff recommending Goodwill be awarded the contract.
Both of the two low bid firms had positive references and either are deemed qualified to complete
the work as described.
Amount Requested: $145,668.32 (3-Years) Amount Budgeted: $145,668.32 (3-Years)
Fund(s) or Account(s): Fund(s) or Account(s):
101-60265-5346 101-60265-5346
642-60442-5346 642-60442-5346
Recommended Motion:
Authorize staff to award the City Hall and Public Service Building janitorial contract to Goodwill
Industries West Michigan for three years in the amount of $145,668.32 with an optional 4th Year at
$49,000.00.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
JANITORIAL SERVICES CONTRACT 2014 - 2017
BIDDERS LIST - AS READ
PRESENT BID BOND
CONTRACTOR FOR PREBID* (Yes/No) YEAR 1 YEAR 2 YEAR 3 YEAR 4 (Optional) TOTAL
1 Reliant Cleaning X
2 Goodwill Industries of West Michigan X
3 CSM Services X N/A Will not be submitting bid.
4 Mark Zervas X
5 Tru Clean X
*Bids will not be considered from any contractor that did not have a representative present for the manditory pre-bid meeting held on Tuesday, March 18th, 2014
*Release/Relief of Bid Bonds- Bid Bonds will be released to the unsuccessful bidder(s) upon the contract being awarded by City Commission on/or about April 8th, 2014
*Bid Closing/Bid Closed - Tuesday, March 25 2014 @ 2:00 pm
*Bids As-Read - Will be posted to our website by Tuesday, March 25th or Wednesday, March 26th. Please visit our website at www.shorelinecity.com. Select "BIDS"
*Bid Tabulations- Will be posted to our website at www.shorelinecity.com as soon as the numbers are verified. No later than Friday, March 28th, 2014
Thank you to all who have submitted their Bids. Questions, please contact the Engineering Department at 231.724.6707
CITY OF MUSKEGON JANITORIAL SERVICES 2020-23
BID TABULATION 12/17/19
CONTRACTOR Reliant Professional Cleaning Inc.
ADDRESS 216 N. 7th St., Grand Haven, MI 49417
TOTAL 3 YR TOTAL 4 YR
YEAR 1 YEAR 1 / MTH YEAR 2 YEAR 2 / MTH YEAR 3 YEAR 3 / MTH YEAR 4 (OPT) YEAR 4 / MTH CONTRACT CONTRACT
PUBLIC SERVICE BUILDING $ 24,220.00 $ 2,018.33 $ 25,356.00 $ 2,113.00 $ 26,472.00 $ 2,206.00 $ 28,104.00 $ 2,342.00 $ 76,048.00 $ 104,152.00
CITY HALL $ 51,840.00 $ 4,320.00 $ 53,544.00 $ 4,462.00 $ 55,224.00 $ 4,602.00 $ 58,020.00 $ 4,835.00 $ 160,608.00 $ 218,628.00
ALL SITES $ 76,060.00 $ 78,900.00 $ 81,696.00 $ 86,124.00 $ 236,656.00 $ 322,780.00
CONTRACTOR Goodwill Industries of West Michigan, Inc.
ADDRESS 271 East Apple Ave., Muskegon, MI 49442
TOTAL 3 YR TOTAL 4 YR
YEAR 1 YEAR 1 / MTH YEAR 2 YEAR 2 / MTH YEAR 3 YEAR 3 / MTH YEAR 4 (OPT) YEAR 4 / MTH CONTRACT CONTRACT
PUBLIC SERVICE BUILDING $ 14,000.00 $ 1,166.67 $ 14,000.00 $ 1,166.67 $ 14,500.00 $ 1,208.33 $ 14,500.00 $ 1,208.33 $ 42,500.00 $ 57,000.00
CITY HALL $ 34,334.16 $ 2,861.18 $ 34,334.16 $ 2,861.18 $ 34,500.00 $ 2,875.00 $ 34,500.00 $ 2,875.00 $ 103,168.32 $ 137,668.32
ALL SITES $ 48,334.16 $ 48,334.16 $ 49,000.00 $ 49,000.00 $ 145,668.32 $ 194,668.32
% Over Low Bid 1.95% 1.95% 3.35% 3.35%
CONTRACTOR Professional Building Services
ADDRESS 1540 Hendrick Rd., Norton Shores, MI 49441
TOTAL 3 YR TOTAL 4 YR
YEAR 1 YEAR 1 / MTH YEAR 2 YEAR 2 / MTH YEAR 3 YEAR 3 / MTH YEAR 4 (OPT) YEAR 4 / MTH CONTRACT CONTRACT
PUBLIC SERVICE BUILDING $ 13,770.00 $ 1,147.50 $ 13,770.00 $ 1,147.50 $ 13,770.00 $ 1,147.50 $ 13,770.00 $ 1,147.50 $ 41,310.00 $ 55,080.00
CITY HALL $ 33,640.00 $ 2,803.33 $ 33,640.00 $ 2,803.33 $ 33,640.00 $ 2,803.33 $ 33,640.00 $ 2,803.33 $ 100,920.00 $ 134,560.00
ALL SITES $ 47,410.00 $ 47,410.00 $ 47,410.00 $ 47,410.00 $ 142,230.00 $ 189,640.00
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 14, 2020 Title: Vehicle Charging Stations
Submitted By: Leo Evans Department: Public Works
Brief Summary: The Department of Public Works is requesting approval to purchase and install (3)
Vehicle Charging Stations.
Detailed Summary: The Department of Public Works is requesting to purchase (3) Chargepoint car
charging stations and have Windemuller install the stations for $28,460.00. Staff is recommending
replacement of the existing station at Pere Marquette Park, replacement of the existing station at
Western/1st and installation of a new station on Western Avenue near the CVB. Staff is
recommending we decline the 4th location (Morris/3rd) at this time.
Consumers Energy has awarded us $15,000.00 in grants ($5,000.00 per unit) and the Community
Foundation will contribute at least $8,140.00 to help fund the project. With those contributions the
net cost to the city is $5,320.00.
Amount Requested: $28,460.00 - $15,000.00 Amount Budgeted: $0
- $8,140.00 = $5,320.00
Fund(s) or Account(s): Fund(s) or Account(s):
404 (Public Improvement)
Recommended Motion: Authorize staff to contract with Windemuller Electric for the purchase and
installation of three (3) Chargepoint Electric Vehicle Charging Stations for a total cost of
$28,460.00 and authorize the City to accept the funding from Consumers Energy and the
Community Foundation to partially offset the cost of this project.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
September 27, 2019
Doug Sayles
City of Muskegon
1350 E. Keating Ave.
Muskegon Mi.
Project: Charge-point car charging stations.
Project #TJV19-237
Dear Doug,
This proposal is for labor, material and equipment to complete the following:
Western and 6th street location.
Furnish and install 2- new 2-pole 40 amp breakers and 1- 20 single pole breaker in the existing service panel.
Trench and install 1- 1-1/4” PVC conduit and wiring from the existing panel, NE approx. 35’ to the new charging station.
Furnish and install concrete base and 1- new Chargepoint CT 4021-GW-1 Dule Output bollard mount charger.
Furnish and install 2- 4” bollard bumper posts on each side of the car charger.
Included in price is (2)- 1 year prepaid Commercial Cloud Plan, (1)-1 year Prepaid Assure Plan, (1)- support activation,
and (1)- Support site validation cost.
Shipping cost.
Electrical Permit. Staff recommends
Note: Consumers may require a longer Commercial and Assure plan for the rebate.
declining this
option at this time.
Cost for this installation is $ $14,980.00
Morris and 3rd street location.
Furnish and install 2- new 2-pole 40 amp breakers and 1- 20 single pole breaker in the existing service panel.
Trench and install 1- 1-1/4” PVC conduit and wiring from the existing panel, NE approx. 45’ to the new charging station.
Furnish and install concrete base and 1- new Chargepoint CT 4021-GW-1 Dule Output bollard mount charger.
Furnish and install 2- 4” bollard bumper posts on each side of the car charger.
Included in price is (2)- 1 year prepaid Commercial Cloud Plan, (1)-1 year Prepaid Assure Plan, (1)- support activation,
and (1)- Support site validation cost.
Shipping cost.
Electrical Permit.
Note: Consumers may require a longer Commercial and Assure plan for the rebate.
Cost for this installation is $ $14,980.00
1st and Western Ave. (Trade in)
Disconnect and remove the existing Chargepoint charger, wiring, and concrete base.
Furnish and install a new concrete base for the new Chargepoint charger station.
Trench and install 1- 1-1/4” PVC conduit and wiring from the existing location, SE approx. 30’ to the new charging station
location.
Furnish and install 2- 40 amp circuits and 1- 20 amp circuit for the new Chargepoint CT 4021-GW-1 Dule Output bollard
mount charger.
Furnish and install 2- 4” bollard bumper posts on each side of the car charger.
Included in price is (2)- 1 year prepaid Commercial Cloud Plan, (1)-1 year Prepaid Assure Plan, (1)- support activation,
and (1)- Support site validation cost.
Shipping cost.
AUTOMATION | COMMUNICATIONS & IT | ELECTRICAL | OUTDOOR UTILITIES | RENEWABLE
ENERGY
Corporate Headquarters: 1176 Electric Avenue - Wayland, MI 49348 | 800.333.3641 | 616.877.8770
Mid Michigan Branch: 2936 Venture Drive - Midland, MI 48640 | 989.631.2023
Northern Michigan Branch: 1714 Northern Star Drive - Traverse City, MI 49696 | 800.891.5319 | 231.935.4800
Other Michigan Locations: Big Rapids | Kalamazoo | Petoskey | Whitehall windemuller.us
Electrical Permit.
Cost for this installation is $ $7,520.00
Note: Consumers may require a longer Commercial and Assure plan for the rebate.
Pere Marquette Park (Trade in)
Disconnect and remove the existing Chargepoint charger, from the existing concrete base.
Furnish and install 1 additional- 40 amp circuit for the new Chargepoint CT 4021-GW-1 Dule Output bollard mount
charger.
Included in price is (2)- 1 year prepaid Commercial Cloud Plan, (1)-1 year Prepaid Assure Plan, (1)- support activation,
and (1)- Support site validation cost.
Shipping cost.
Electrical Permit.
Cost for this installation is $ $5,960.00
Note: Consumers may require a longer Commercial and Assure plan for the rebate.
Notes:
1. These prices do not reflect the consumers Rebate of $5000.00 per new location charger station.
2. This proposal does not include the cutting and removal/ replacement of the stamped concrete at the 1st and Western
location.
3. Consumers may require a longer Commercial and Assure plan for the rebates.
4. Signs for charging stations are not included in these prices.
This proposal is valid for 30 days.
Thank you for the opportunity to provide a proposal for your requirements. If you have any questions, please feel free to contact
us.
Sincerely,
Tim VanderPloeg
Outdoor Utilities Manager
Accepted by_____________________ Printed Name__________________
Purchase Order_____________________ Date_______________________
AUTOMATION | COMMUNICATIONS & IT | ELECTRICAL | OUTDOOR UTILITIES | RENEWABLE
ENERGY
Corporate Headquarters: 1176 Electric Avenue - Wayland, MI 49348 | 800.333.3641 | 616.877.8770
Mid Michigan Branch: 2936 Venture Drive - Midland, MI 48640 | 989.631.2023
Northern Michigan Branch: 1714 Northern Star Drive - Traverse City, MI 49696 | 800.891.5319 | 231.935.4800
Other Michigan Locations: Big Rapids | Kalamazoo | Petoskey | Whitehall windemuller.us
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 13, 2020 Title: Urban Deer Management
Submitted By: Wyatt Eggleton Department: Public Works
Brief Summary:
Staff is bringing forward a Cooperative Service Agreement and Work Initiation Document with the
United States Department of Agriculture (USDA) and a Damage and Nuisance Control Permit with
the Michigan Department of Natural Resources (MDNR) for Urban Deer Management within the
City of Muskegon. All three items are on the agreement for consideration at the January 14th, 2020
Commission Meeting.
Detailed Summary:
This USDA Agreement is the culmination of the research and efforts that have been put into this
program. If approved the USDA will work with the City and private land owners to set up baiting
stations. The USDA will make one trip to set up the bait station which will then in the interim be
manned by the city as needed, after the bait stations are active the USDA will provide
sharpshooters for 4-5 nights to cull deer at the bait stations. The number of deer to be culled is still
pending receipt of the final nuisance permit from MDNR but is anticipated to be in the range of 20-
40 with early indications being towards the higher end of that range.
The MDNR agreement is still a draft though we expect very little changes going forward. It still
requires review from the statewide whitetail deer supervisors before issuance. The permit outlines
the maximum allowable harvest to be set at 30 animals and spells out additional conditions
including the allowable timeframes.
During the nights of the cull DPW and PD will have staff on hand to ensure public safety and assist
with the handling and transporting of any culled animals.
USDA will collect samples from the animals for disease testing, and the city will be informed of any
tests that are determined positive for disease. The remainder of the animal will be transported to
Public Works for temporary storage before being transferred onto a processor. The city will work
with the non-profit group Sportsmen Against Hunger to have the animals processed with all meat
to be donated to local charity groups.
The USDA portion of this work is defined as $12,906.57 for one (1) setup visit and four-five (4-5)
trips to cull animals. USDA will cull as many animals as possible up to the maximum allowable
under our MDNR nuisance permit. City DPW and PD staff will have additional costs involved with
staffing these events and transporting animals. Processing costs are covered by Sportsmen
Against Hunger. Total estimated cost for the cull is estimated in the range of $20K.
Amount Requested: $12,906.57 USDA Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Authorize staff to sign the Cooperative Services Agreement and Work
Initiation Document with the United States Department of Agriculture (USDA) and a Damage and
Nuisance Control Permit with the Michigan Department of Natural Resources (MDNR).
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
(7/2019 version)
WS Agreement Number: ________________-RA
WBS:______________________________
[optional] Cooperator PO: _________________
COOPERATIVE SERVICE AGREEMENT
between
The City of Muskegon
and
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE
The purpose of this Cooperative Service Agreement is to assist the City of Muskegon by
providing lethal removal of white-tailed deer in areas with high numbers of complaints and
damage.
ARTICLE 2 – AUTHORITY
APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C.
§§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat.
1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and
private agencies, organizations, and institutions while conducting a program of wildlife services
involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species
that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry,
animal husbandry, wildlife, and human health and safety.
ARTICLE 3 - MUTUAL RESPONSIBILITIES
The cooperating parties mutually understand and agree to/that:
1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and
made a part hereof. The parties may mutually agree in writing, at any time during the
term of this agreement, to amend, modify, add or delete services from the Work Plan.
2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private
sector service providers available to provide wildlife damage management (WDM)
services that the Cooperator is seeking from APHIS-WS.
3. There will be no equipment with a procurement price of $5,000 or more per unit purchased
directly with funds from the cooperator for use on this project. All other equipment
purchased for the program is and will remain the property of APHIS-WS.
4. The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.
1
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
Cooperator agrees:
1. To designate the following as the authorized representative who shall be responsible for
collaboratively administering the activities conducted in this agreement;
City of Muskegon:
Wyatt Eggleton
1350 E Keating Ave
Muskegon, MI 49442
(231) 724-6988
Wyatt.eggleton@shorelinecity.com
2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan.
APHIS-WS will be considered an invitee on the lands controlled by the Cooperator.
Cooperator will be required to exercise reasonable care to warn APHIS-WS as to
dangerous conditions or activities in the project areas.
3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified
in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial
Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised
and signed by both parties before services resulting in additional costs are performed. The
Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS
within 30 days of the date of the submitted invoice(s). Late payments are subject to
interest, penalties, and administrative charges and costs as set forth under the Debt
Collection Improvement Act of 1996.
4. To provide a Tax Identification Number or Social Security Number in compliance with
the Debt Collection Improvement Act of 1996.
5. As a condition of this agreement, the Cooperator ensures and certifies that it is not
currently debarred or suspended and is free of delinquent Federal debt.
6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and
time of any proposed meeting related to the program.
7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.
8. To obtain the appropriate permits for removal activities for species listed in the Work Plan
and list USDA, APHIS, Wildlife Services as subpermitees.
ARTICLE 5 – APHIS-WS RESPONSIBILITIES
APHIS-WS Agrees:
1. To designate the following as the APHIS-WS authorized representative who shall be
responsible for collaboratively administering the activities conducted in this agreement.
APHIS-WS State Director:
Anthony G. Duffiney
2803 Jolly Rd, Suite 100
Okemos, MI 48864
(517) 336-1928
anthony.g.duffiney@usda.gov
2. To conduct activities at sites designated by Cooperator as described in the Work and
Financial Plans. APHIS-WS will provide qualified personnel and other resources
necessary to implement the approved WDM activities delineated in the Work Plan and
Financial Plan of this agreement.
3. That the performance of wildlife damage management actions by APHIS-WS under this
agreement is contingent upon a determination by APHIS-WS that such actions are in
compliance with the National Environmental Policy Act, Endangered Species Act, and
any other applicable federal statutes. APHIS-WS will not make a final decision to
conduct requested wildlife damage management actions until it has made the
determination of such compliance.
4. To invoice Cooperator for actual costs incurred by APHIS-WS during the performance of
services agreed upon and specified in the Work Plan. Authorized auditing representatives
of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and
records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted
by Federal law and regulations.
Select billing frequency: Monthly or Quarterly
(Default frequency will be Quarterly)
ARTICLE 6 – CONTINGENCY STATEMENT
This agreement is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so
appropriate. This agreement may also be reduced or terminated if Congress only provides
APHIS-WS funds for a finite period under a Continuing Resolution.
ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with
any other organization or individual for the purpose of providing wildlife damage management
services exclusive of those provided for under this agreement.
ARTICLE 8 – CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall
be admitted to any share or part of this agreement or to any benefit to arise therefrom.
ARTICLE 9 – LAWS AND REGULATIONS
This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31
U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis
to nonfederal recipients, in accordance with all applicable laws, regulations and policies.
ARTICLE 10 – LIABILITY
APHIS-WS assumes no liability for any actions or activities conducted under this agreement
except to the extent that recourse or remedies are provided by Congress under the Federal Tort
Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
ARTICLE 11 – NON-DISCRIMINATION CLAUSE
The United States Department of Agriculture prohibits discrimination in all its programs and
activities on the basis of race, color, national origin, age, disability, and where applicable, sex,
marital status, familial status, parental status, religion, sexual orientation, genetic information,
political beliefs, reprisal, or because all or part of an individual’s income is derived from any
public assistance program. Not all prohibited bases apply to all programs.
ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS
This agreement shall become effective on 01 January 2020 and shall continue through 01 April
2020, not to exceed five years. This Cooperative Service Agreement may be amended by mutual
agreement of the parties in writing. The Cooperator must submit a written request to extend the
end date at least 10 days prior to expiration of the agreement. Also, this agreement may be
terminated at any time by mutual agreement of the parties in writing, or by one party provided
that party notifies the other in writing at least 60 days prior to effecting such action. Further, in
the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the
obligation to provide services under this agreement.
In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury
requires a Taxpayer Identification Number for individuals or businesses conducting business with
the agency.
Cooperator’s Tax ID No.: _ _ _ _ _ _ _ _ _
APHIS-WS’s Tax ID: 41-0696271
Cooperator:
_______________________________________ _______________________
City of Muskegon Date
Wyatt Eggleton
1350 E Keating Ave
Muskegon, MI 49442
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
_______________________________________ _______________________
Anthony G. Duffiney, State Director Date
USDA, APHIS, WS
2803 Jolly Rd, Suite 100
Okemos, MI 48864
Prepared by (APHIS-WS employee): Earl Krom
WORK PLAN
In accordance with the Cooperative Service Agreement between the City of Muskegon
and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection
Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and
budget of this project during the period of this agreement.
Program Objective
The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and
other resources from damage associated with wildlife. Wildlife Services activities are conducted
in cooperation with other Federal, State and local agencies; private organizations and individuals.
The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach
(sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods
may be used or recommended to reduce wildlife damage. These methods include the alteration of
cultural practices as well as habitat and behavioral modification to prevent damage. However,
controlling wildlife damage may require that the offending animal(s) are killed or that the
populations of the offending species be reduced.
Plan of Action
At the request of the City of Muskegon Wildlife Services will remove white-tailed deer.
Management will include the lethal removal by permit from the Michigan Department of Natural
Resources. This agreement will allow for one set-up trip prior to the management effort and then
four subsequent nights of deer removal. Wildlife Services will utilize suppressed firearms from
vehicles, ground blinds and elevated stands. Wildlife Services will assist with field dressing and
preparation for transport from the site for donation.
FINANCIAL PLAN
Cost Element Full Cost
Personnel Compensation $8,292.39
Travel $660.00
Vehicles $320.00
Other Services N/A
Supplies and Materials $425.00
Equipment $453.27
Subtotal (Direct Charges) $10,150.66
Pooled Job Costs 11.00% $1,116.57
Indirect Costs 16.15% $1,639.33
Aviation Flat Rate Collection N/A
Agreement Total $12,906.57
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but may not exceed: $12,906.57
Cooperator Financial Point of Contact: APHIS-WS State Financial Point of Contact:
Wyatt Eggleton Mandy Hight, Budget Analyst
1350 E Keating Ave 2803 Jolly Rd, Suite 100
Muskegon, MI 49442 Okemos, MI 48864
(231) 724-6988 (517) 318-3462
Wyatt.eggleton@shorelinecity.com mandy.hight@usda.gov
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0579-0335. The time OMB Approved
required to complete this information collection is estimated to average .059 hours per response, including the time for reviewing instructions, 0579-0335
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 1. 2. 12 / 19 / 2019
WILDLIFE SERVICES Work Initiation MM DD YYYY
WORK INITIATION DOCUMENT FOR WILDLIFE DAMAGE MANAGEMENT Document Number
3. TYPE OF WORK INITIATION DOCUMENT (mark all that apply):
SECTION 1
a.
Private Property Temporary ✔ Non-Private Property Assign to These Special Groups
b.
Adjacent Landowner Amendment to a Amendment to Existing c.
Work Initiation Doc. Work Initiation Doc. d.
4. Cooperator’s Name
Last First Middle
5. Cooperator’s Address
Street City
SECTION 2
Where will work be performed?
(give address or directions, if different from above) 3157 Dune St. & 3205 W Sherman Blvd.
6. Business/Farm/Ranch/or Common Name Beachwood & Kruse Park 7. MI 49441
State ZIP Code
8. Owner’s or Representative’s Name City of Muskegon 9. - -
(If different from Cooperator’s) Cooperator Telephone Number
10. Owner’s or Representative’s Address 933 Terrace St. Muskegon, MI 49440
(if different from Cooperator’s)
Street City State ZIP Code
11. WS Employee and Work Location 12. Land Class Information: 13. Adjoining Property Work 14. Species Information:
Information: Land Class Acres Information Document Number(s):
Earl Krom 1. PUBLIC 5.44 1. 1. White-tailed Deer
WS Employee Name
SECTION 3
2. PUBLIC 26.53 2. 2.
Muskegon 3. PUBLIC 75.8 3. 3.
County
4. 4. 4.
Michigan Total Acres 107.77 15. If box is checked, attachment
State lists additional species.
16. In consideration of the benefits to be derived from the proper management of damage caused by those species listed in Section 3 Item 14. (and Item 15., if applicable), I, the
undersigned cooperator or cooperator’s representative, do hereby give my consent and concurrence to the Animal and Plant Health Inspection Service (APHIS) (to include its officials,
SECTION 4
employees, and agents) to use, upon lands owned, leased, or otherwise controlled by me, and identified by this Work Initiation Document, the following methods and devices:
Firearms
COMPONENTS: 1. ______________________________ Night vision/infrared equipment
2. ___________________________________ Spotlights
3. _______________________________
Prebait
4. ____________________________________________ monitoring camera
5. ___________________________________ 6. _______________________________
If box is marked, an attachment lists additional methods or devices.
17. I, the cooperator or cooperator’s representative, have been informed of the methods and the manner in which the control materials and devices listed in Section 4 will
be used, and of the possible hazards associated with their use. I understand that APHIS, (to include its officers, employees and agents) will: exercise reasonable
SECTION 5
precautions to safeguard all persons to prevent injury to animal life other than those listed in Section 3, Item 14. (and Item 15., if applicable); guard against the mishandling
of control devices and materials; and exercise due caution and proper judgment in all wildlife damage management operations. I understand that APHIS, WS, will maintain
restricted use pesticide application records on applications made under the Work Initiation Document, and that APHIS, WS, will provide copies of the records or record
information promptly upon the property owner’s or cooperator’s request. I understand that APHIS may collect Global Positioning System (GPS) coordinates at the project
site as part of component or activity tracking or as wildlife disease monitoring or research data.
18. In consideration of these understandings and of the benefits to be derived, I, the cooperator or cooperator’s representative, agree to: take reasonable precautions to
prevent injury to livestock and other domestic animals; assume responsibility for injury to my property under my control, when said injury is not the result of negligence on
SECTION 6
the part of APHIS; assist in maintaining such warning signs as APHIS may place for the purpose of notifying persons entering onto such lands of the possible hazards
associated with wildlife damage management measures in use thereon; and to give adequate warning of these possible hazards to persons I authorize to enter onto such
lands. Further, in recognition of the benefits to be derived from the use of specified methods and devices authorized by this Work Initiation Document, I, the cooperator or
cooperator’s representative, agree not to concurrently use or allow to be used upon lands covered by this Work Initiation Document, any toxic material that might
reasonably be expected to take a species listed above in Section 3, Item 14. (and Item 15., if applicable) unless such use of said toxicant is agreed to by APHIS in writing.
SPECIAL CONSIDERATIONS:
see attachment
SIGNATURE AND TITLE (Landowner, Lessee, or Administrator) TELEPHONE NUMBER ADDRESS DATE
SIGNATURE AND TITLE (APHIS Representative) TELEPHONE NUMBER ADDRESS DATE
WS FORM 12A
MAR 2010
Instructions for Completing WS Form12A
Work Initiation Document for Wildlife Damage Management
Section 1 – Basic Work Initiation Information Item
1. Work Initiation Document Number - Record the assigned number for this document.
2. Date - Enter the date the form is completed.
3. Type of Document - Record the type of Work Initiation Document by marking the appropriate box(es).
Hint: A Work Initiation Document may have more than one characteristic.
Example: A Work Initiation Document can be a Temporary and Urban Document.
Assign to Special Groups: If this Work Initiation Document is to be tracked by special groups which are serviced, list them
in this item.
Section 2 – Items in this Section capture data about the Cooperator
4. Enter name of cooperator as it appears on the cooperative service agreement, cooperative service field agreement,
Memorandum of Agreement or Understanding, or as it appears in the cooperator’s business references.
5. Enter the cooperator’s address and alternate address or location if the primary address is different from the site where
the work will be done.
6. Enter the name of the cooperator’s business, farm, or ranch, if applicable.
7. Enter the State abbreviation and the ZIP Code.
8. Enter the name of the owner or cooperator’s representative if it is different from the cooperator name, the area code,
and telephone number of the owner.
9. Enter the Cooperator’s telephone number, including the area code.
10. Enter the property owner’s address (or property owner’s representative’s work address if this is a non-private
agreement), including the ZIP Code even if it is the same as item 6. NOTE: If the cooperator’s address in Item 5 is also
the address of the owner, you need not complete this item.
Section 3 – Information about the WS employee conducting activities, the property being worked on, and the species
being addressed is captured in this Section
11. Employee Name, County and State - In this subsection, record the name of the WS employee, and the State and
county for the site where the work is being performed.
12. Land Class - Record the land class being worked on, and enter the number of acres for that land class. Record the
total acres by summing all entries in the “Acres” column.
13. Adjoining Property - If the Work Initiation Document allows you to work on an adjoining property as part of the project,
you must have additional Work Initiation Documents signed by those adjoining land owners/managers. The Work
Initiation Document numbers for those properties go in this subsection.
14. Species/Codes - List the names of the species that will be targeted during the damage management activities. Official
MIS abbreviations for the names of the species may be used.
15. Additional Species - If more species are targeted than can be entered in this block, mark this box and attach the
WS Form 12A Addendum listing them.
Section 4 – Component Use Information
16. Components - List the type of components that will be used in the wildlife damage management activity.
If more components are to be used than can be entered in the available space, mark this box in this Section and attach
the WS Form 12A Addendum listing them.
Section 5 – Work Initiation Considerations – WS Responsibilities
17. Allow the cooperator to read this section, or alternately, read it to the cooperator before signatures are affixed.
Section 6 – Work Initiation Considerations – Cooperator Responsibilities
18. Allow cooperator to read this section, or alternately, read it to the cooperator before signatures are affixed.
Section 7 – Special Considerations
19. Special Considerations - If any special considerations are agreed to for this project, enter them in this Section.
Section 8 – Signatures/Dates
20. Obtain the signature and address of the landowner, lessee, administrator, or representative of the project land(s). Enter
a date when the document was signed.
21. The WS employee completing the form signs and enters the official title, telephone number, address, and date. Provide
a copy to the cooperator after signature; keep one copy for your files, provide one copy to the State Office, and provide
copies to other WS personnel/offices, as appropriate. The Privacy Act Notice required to be given to the cooperator is
on the back of the Cooperator Copy of this form.
Privacy Act Notice
Title 5, United States Code, Section 552a(e)(3) requires that each agency that maintains a system of records provide each
individual from whom the agency solicits information with the following information.
Authority for Requesting Information
Title 7, United States Code, Section 426-426c, and Title 16 United States Code, Section 667, authorizes officers, agents,
and employees of USDA, APHIS, Wildlife Services, to conduct a program of wildlife service’s and to enter into agreements
with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions for the purpose of
conducting such services.
Nature of Your Disclosure of Information
Disclosure of information solicited by USDA, APHIS, and Wildlife Services, is voluntary.
Principal Purpose for Which the Information is Solicited
Information is solicited from you for the purpose of executing and implementing agreements for control of wildlife damage.
Routine Uses Which May be Made of the Information
The routine uses which may be made of the information are:
Routine use 1 permits disclosure to cooperative State government officials, employees, or contractors, as necessary to
carry out the program; and other parties engaged to assist in administering the program. Such contractors and other parties
will be bound by the nondisclosure provisions of the Privacy Act. This routine use assists the agency in carrying out the
program, and thus is compatible with the purpose for which the records are created and maintained;
Routine use 2 permits disclosure to the appropriate agency, whether Federal, State, local, or foreign, charged with the
responsibility of investigating or prosecuting a violation of law or of enforcing, implementing, or complying with a statute,
rule, regulation, or order issued pursuant thereto, of any record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal, or regulatory in nature, and either arising by general statute or
particular program statute, or by rule, regulation, or court order issued pursuant thereto;
Routine use 3 permits disclosure to the Department of Justice when the agency, or any component thereof, or any
employee of the agency in his/her official capacity, or any employee of the agency in his/her individual capacity where the
Department of Justice has agreed to represent the employee, or the United States, in litigation, where the agency
determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in
such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and
necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of the records to the
Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the
records were collected;
Routine use 4 permits disclosure for use in a proceeding before a court or adjudicative body before which the agency is
authorized to appear, when the agency, or any component thereof, or any employee of the agency in his/her official
capacity, or any employee of the agency in his/her individual capacity where the agency has agreed to represent the
employee, or the United States, where the agency determines that litigation is likely to affect the agency or any of its
components, is a party to litigation or has an interest in such litigation, and the agency determines that use of such records
is relevant and necessary to the litigation; provided, however, that in each case, the agency determines that disclosure of
the records to the court is a use of the information contained in the records that is compatible with the purpose for which the
records were collected;
Routine use 5 permits disclosure to appropriate agencies, entities, and persons when the agency suspects or has
confirmed that the security or confidentiality of information in the system of records has been compromised; the agency has
determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property
interests, a risk of identity theft or fraud, or a risk of harm to the security or integrity of this system or other systems or
programs (whether maintained by the agency or another agency or entity) that rely upon the compromised information; and
the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the
agency’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
Routine use 6 permits disclosure to USDA employees or contractors, partner agency employees or contractors, or private
industry employees to identify patterns, trends, or anomalies indicative of fraud, waste, or abuse.
Routine use 7 permits disclosure to the National Archives and Records Administration or to the General Services
Administration for records management inspections conducted under 44 U.S.C. §§ 2904 and 2906.
Effects of Failure to Furnish Information
Failure to provide the solicited information will not subject you to penalties or adverse consequences.
Attachment:
The City of Muskegon agrees that it has reviewed the area where the activities will be conducted and certifies that
either 1) the area where activities will be conducted contains no school zones, as defined by 18 U.S.C. 921(a)
(25) and 922(q); or 2) that all schools that have a school zone within the area where activities will be conducted
have approved the program activities as described in this Agreement and Work Plan, in accordance with 18 USC
922(q).
Michigan Department of Natural Resources – Wildlife Division DNR USE ONLY
Permit for:
DAMAGE AND NUISANCE ANIMAL CONTROL PERMIT
Issued under the authority of Act 451, P.A. 1994, as amended. Damage Concerns
Failure to comply with the provisions of this permit may result in criminal prosecution. Safety Concerns
PERMITTEE INFORMATION
Name of Permittee LED District WLD Region Date
City of Muskegon; contact, Wyatt Eggleton 7 SW
Address County Section-Town-Range
1350 E. Keating Muskegon T10N-R17W;Sec 28,33,34
City, State, ZIP Code Telephone Number E-mail Address
Muskegon, MI. 49442 231-724-6988 wyatt.eggleton@shoreli
necity.com
Type and Extent of Damage or Safety Issue Estimated Number and Wildlife Species Causing Damage
Increasing number of car/deer accidents, 40-50
citizen complaints, landscape damage, and
threat of Lyme disease.
CONTROL PERMIT
Under authority of Section 324.40114(4), Act 451, PA. 1994, and orders established thereunder, permission is hereby granted for following
conditions:
Method Permitted: Trapping Shooting Other:
Species: Beaver Muskrat Deer Birds (Verify USFWS Permit) Other:
Bluffton and Beachwood neighborhoods, and
Location: Above Location Specific Location: other sites in the area.
Kill Tag #’s (deer only): 159670 through159699, inclusive (30 total)
City of Muskegon responsible for collection, transport, and processing deer
for human consumption. Heads to be turned over to DNR upon request, for
disease monitoring. Under terms of the USDA urban deer control permit, no
more than 2 gal. of bait at one time will be allowed in a 10'x10' site to
Disposal Instructions: insure safe and efficient removal of deer.
Duration of Permit From: January 15, 2020 To: March 31, 2020
Signature (Biologist/Conservation Officer Issuing Permit) Date
NOTICE TO PERMITTEE
The State of Michigan is not liable for damage caused by wildlife. The State of Michigan does not have the legal authority to enforce
protection to landowners from damage caused by wildlife. Permits shall expire on or before December 31 of the year issued. Permits may not
be in effect on lands or waters open to hunting and/or trapping for game animals during their respective seasons. Under the conditions set
forth in this permit, the permittee is authorized to engage individuals and nuisance animal control companies to effectively control damage
caused by wildlife. The cost of all control measures undertaken shall be the responsibility of the permittee.
Control of damage caused by protected migratory birds requires acquisition of a federal permit, issued by the US Fish and Wildlife Service. If
issued, the federal US Fish and Wildlife Service permit will become your state authorization. A copy will be provided to the State by the US
Fish and Wildlife Service. Actions taken outside of the authority granted by this permit, or violations of the terms and conditions of this permit
may result in criminal prosecution.
Permittee hereby releases, waives, discharges, and covenants not to sue the State of Michigan, its departments, officers, employees, and
agents, from any and all liability to Permittee, its officers, employees, and agents, for all losses, injury, death or damage, and any claims or
demands thereto, on account of injury to person or property, or resulting in death of Permittee, its officers, employees or agents, in reference
to the activities authorized by this permit. Permittee hereby covenants and agrees to indemnify and save harmless, the State of Michigan, its
departments, officers, employees and agents, from any and all claims and demands, for all loss, injury, death or damage, that any person or
entity may have or make, in any manner, arising out of any occurrence related to (1) issuance of this permit; (2) the activities authorized by
this permit; and (3) the use or occupancy of the premises which are the subject of this permit by the permittee, its employees, contractors, or
its authorized representatives. I understand that I am required by law to complete the FINAL REPORT portion of this permit upon completion
of all control activities or expiration of this permit, whichever occurs first, and submit to the address specified on the Final Report (page 2).
By signing, I agree to the instructions and terms and conditions as stated.
1 PR9133 (Rev. 10/07/2015)
Permittee Signature Date
2 PR9133 (Rev. 10/07/2015)
Michigan Department of Natural Resources – Law Enforcement Division/Wildlife Division
DAMAGE AND NUISANCE ANIMAL CONTROL PERMIT
FINAL REPORT
Complete this FINAL REPORT upon completion of control activities, or expiration of this permit (December 31 of year issued),
whichever occurs first, and submit to the address specified below.
Permittee Date
City of Muskegon; contact, Wyatt Eggleton
Address County Section-Town-Range
1350 Keating Muskegon T10N-R17W; Sec.
28,33,34
City, State, ZIP Code Telephone Number E-mail Address
Muskegon, MI. 49442 231-724-6988 wyatt.eggleton@shoreli
necity.com
Date Control Activities Ceased Number and Type of Wildlife Taken Method of Disposal of Wildlife Taken
I certify that I have complied with all the provisions of this permit as stated upon page 1 of this permit.
Permittee Signature Date
Submit Final Report to (Filled out by DNR Employee):
District or Wildlife Office Muskegon SGA
Department MICHIGAN DEPARTMENT OF NATURAL RESOURCES
Address 7600 Messinger Rd.
3 PR9133 (Rev. 10/07/2015)
City, State, ZIP Code Twin Lake, MI. 49457
4 PR9133 (Rev. 10/07/2015)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/14/20 Title: Rezoning of 190 Wood St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 190 Wood St from RM-1, Low Density Multi-
Family Residential to B-4, General Business District, by SYP Leasing, LLC.
Detailed Summary: The Planning Commission unanimously recommended approval of the
rezoning at their December meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the rezoning of 190 Wood St from RM-1, Low Density Multi-
Family Residential to B-4, General Business.
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 STAFF REPORT EXCERPT
December 12, 2019
SUMMARY
1. The property is accessible from Bayou St, which is located off the Moses Jones Parkway.
2. The parcel measures 12.5 acres and is zoned RM-1, Low Density Multi-Family Residential.
3. The property has been mostly vacant in the recent past, only being used for indoor storage with the
existing buildings on site. However, one of the buildings is on the dangerous buildings list and the
potential buyer would plan to demo it. He would only keep the steel frame building.
4. The potential buyer is proposing to use the remaining building for indoor storage and would also like
to store a fleet of business vehicles outside. The outdoor storage of fleet vehicles in conjunction with
a business is considered a change of use, so the rezoning is required.
5. The applicant is only requesting to rezone a portion of the property to B-4. Please see the map on the
following pages that depicts the portion to be rezoned.
6. A portion of the property is located in the flood zone, please see the Flood Map on the following
pages.
7. Please see the zoning ordinance excerpt on B-4 Zones.
190 Wood St
1
2
Zoning Map
Aerial View
3
Flood Map
Portion to be Rezoned
4
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 190 Wood
St from RM-1, Low Density Multi-Family Residential to B-4, General Business.
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 190 Wood St
from RM-1, Low Density Multi-Family Residential to B-4, General Business.
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLKS 4 5 & 127 DESC AS FOLS
COM @ NE COR BLK 4 FOR POB TH S 00D 15M 08S ALG E LN BLK 4 142.74 FT TH S 71D 23M
20S W 173.32 (RECORDED AS 173.53 FT) TO A POINT 197.97 FT S OF NW COR BLK 4 TO LN BET
BLKS 4 & 5 TH S 00D 15M 37S E ALG BLK LN 303.19 FT TO SE COR BLK 5 TH S 89D 58M 53S W
ALG S LN BLK 5 460.29 FT TH N 00D 05M 00S W PAR TO E LN WOOD ST 100.00 FT TH S 89D 58M
53S W 660.00 FT TO E LN WOOD ST TH N 00D 05M 00S W ALG E LN 34.84 FT TO N LN BUTLER
ST TH N 60D 30M 30S W ALG N LN 18.16 FT TO CL VAC PORTION WOOD ST AS RECORDED IN L
1578 P 340 MUSKEGON COUNTY RECORDS TH N 00D 05M 00S W ALG CL 226.59 FT TH S 89D
55M 00S W 16.50 FT TO POINT ON E LN LOT 9 BLK 127 & EXTENSION OF LN BET LOTS 3 & 4
BLK 127 THROUGH LOT 9 TH N 64D 48M 50S W ALG EXTENSION LOT LN 46.04 FT TO CL OF 20
FT VAC ALLEY RECOR'D IN L 1460 P 40 LYING IN BLK 127 TH N 23D 56M 00S E ALG CL 189.97
FT TO SLY LN BAYOU ST TH S 66D 07M 09S E ALG SLY LN 169.40 FT TO N LN BLK 5 TH N 89D
58M 24S E ALG N LN 1122.48 FT TO POB
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
1
CERTIFICATE (Rezoning 190 Wood St fromRM-1 to B-4)
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 14th day of January 2020, 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: ___________________, 2020 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
2
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 14, 2020, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning for 190 Wood St from
RM-1 to B-4:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLKS 4 5 & 127 DESC AS FOLS
COM @ NE COR BLK 4 FOR POB TH S 00D 15M 08S ALG E LN BLK 4 142.74 FT TH S 71D 23M
20S W 173.32 (RECORDED AS 173.53 FT) TO A POINT 197.97 FT S OF NW COR BLK 4 TO LN BET
BLKS 4 & 5 TH S 00D 15M 37S E ALG BLK LN 303.19 FT TO SE COR BLK 5 TH S 89D 58M 53S W
ALG S LN BLK 5 460.29 FT TH N 00D 05M 00S W PAR TO E LN WOOD ST 100.00 FT TH S 89D 58M
53S W 660.00 FT TO E LN WOOD ST TH N 00D 05M 00S W ALG E LN 34.84 FT TO N LN BUTLER
ST TH N 60D 30M 30S W ALG N LN 18.16 FT TO CL VAC PORTION WOOD ST AS RECORDED IN L
1578 P 340 MUSKEGON COUNTY RECORDS TH N 00D 05M 00S W ALG CL 226.59 FT TH S 89D
55M 00S W 16.50 FT TO POINT ON E LN LOT 9 BLK 127 & EXTENSION OF LN BET LOTS 3 & 4
BLK 127 THROUGH LOT 9 TH N 64D 48M 50S W ALG EXTENSION LOT LN 46.04 FT TO CL OF 20
FT VAC ALLEY RECOR'D IN L 1460 P 40 LYING IN BLK 127 TH N 23D 56M 00S E ALG CL 189.97
FT TO SLY LN BAYOU ST TH S 66D 07M 09S E ALG SLY LN 169.40 FT TO N LN BLK 5 TH N 89D
58M 24S E ALG N LN 1122.48 FT TO POB
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 ____________________, 2020 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January14, 2020 Title: Easement Agreement
Submitted By: LeighAnn Mikesell Department: Planning
Brief Summary: Staff is seeking approval of the attached easement agreement. This easement
agreement will allow for access to the to the development as well as access to the Hartshorn boat
launch.
Detailed Summary: As part of the planned development, the access road that services the
Hartshorn boat launch will be replaced with a non-motorized path and green space. A new access
point for the boat launch will be installed as part of the development along the western edge of the
Fricano Center property. The owners are granting the City a permeant easement to access the
boat launch as well as a temporary easement to access the boat launch during Phase 1
construction. In return, the City is providing the developer a permanent easement to access the
development along the north side of the railroad tracks. Once these easements are recorded, we
should see construction within 60-90 days.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Approve the Agreement and authorize the City Manager to sign.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") has been made as of
________, 2019 ("Effective Date"), by and between the CITY OF MUSKEGON, a Michigan
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49442 ("Grantor"), and
HARBOR WEST, LLC, a Michigan limited liability company, of 108 South University, Suite 6,
Mount Pleasant, Michigan 48858 ("Grantee").
Recitals
A. Grantor owns the real estate located in the City of Muskegon, Muskegon County,
Michigan, as legally described on Exhibit A attached to this Agreement, subject to easements,
restrictions, encumbrances, and reservations affecting it ("Grantor Parcel").
B. Grantee owns the real estate located in the City of Muskegon, Muskegon County,
Michigan, as legally described on Exhibit B attached to this Agreement, subject to easements,
restrictions, encumbrances, and reservations affecting it ("Grantee Parcel").
C. Grantor Parcel and Grantee Parcel are contiguous. Grantor desires to grant
Grantee an easement for ingress to and egress from West Western Avenue, over and across
Grantor Parcel, to the drive located on the Grantee Parcel for purposes of accessing the marina's
public boat launch.
D. Grantor and Grantee and their respective heirs, personal representatives,
distributees, executors, administrators, successors and assigns are referred to in this Agreement
collectively as "Owners" and individually as "Owner." Grantor Parcel and Grantee Parcel are
referred to in this Agreement collectively as "Parcels" and individually as "Parcel."
E. This Agreement is exempt from the real estate transfer taxes under MCL §§
207.505(a) and 207.526(a) because the value of the consideration shown is less than One
Hundred and no/100 Dollars ($100.00).
Agreement
In consideration of the facts described above and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, Grantor and Grantee agree
as follows:
1. Grant of Driveway Easement. Grantor grants for the benefit of the Grantee
Parcel, a perpetual, non-exclusive easement ("Driveway Easement") over, across and through
the Grantor Parcel for the maintenance and use of the existing driveway, and all replacements
thereof located on the Grantor Parcel and depicted on Exhibit C attached to this Agreement
("Driveway"), subject to easements, restrictions, encumbrances, and reservations affecting it, for
the purpose of ingress and egress to and from West Western Avenue, over and across Grantor
Parcel, to the drive located on the Grantee Parcel for purposes of accessing Grantee Parcel. The
Driveway Easement is to be used solely for pedestrian and vehicular transportation and for other
future modes of transportation for access to Grantor Parcel and Grantee Parcel by the Owners,
their tenants, agents, employees, contractors, invitees, licensees, guests, and customers
(collectively, "Affiliates").
2. Enjoyment of Property. Grantee must conduct its activities under this
Agreement so as not to interfere unreasonably with Grantor's peaceful enjoyment of Grantor
Parcel.
3. Obstructions. The Driveway Easement are to remain open and unobstructed by
any buildings, fences, trees, barriers, banners, or other structures, so as to permit the Owners and
their Affiliates unimpeded access across the Driveway Easement in accordance with the terms of
this Agreement. Furthermore, the location of the Driveway Easement (collectively
"Easements") may not be changed, altered or modified in any way without the written approval
of the Owners.
4. Repair and Maintenance. Grantee must maintain and repair, at its sole cost, the
Driveway in a good and passable condition consistent with the practices prevailing in the
operation of driveways of similar quality in Muskegon County, Michigan. Such maintenance
and repair is to include, without limitation, the following (collectively, "Maintenance"):
(a) Maintaining, restriping, repairing and resurfacing, when necessary,
all paved surfaces in a level, smooth and evenly covered condition with the type
of surfacing material originally installed or such substitute as is in all respects
equal or superior in quality, use and durability;
(b) Removing all papers, debris, filth and refuse and thoroughly
sweeping the Driveway, all to the extent reasonably necessary to keep the
Driveway in a clean and orderly condition;
(c) Removing snow and ice, patching, and removing debris as needed
for seasonal weather;
(d) Maintaining, repairing and replacing, when reasonably necessary,
all traffic directional signs, markers and lines;
(e) Operating, maintaining, repairing and replacing, when reasonably
necessary, such artificial lighting facilities as are reasonably required;
-2-
(f) Maintaining all landscaped areas including, without limitation,
replacing shrubs and other landscaping as is reasonably necessary; and
(g) While performing any such repair or maintenance, Grantee will use
its best efforts not to disrupt any operations on Grantor's Parcel and will give
written notice to Grantor before any temporary closing of the Driveway for such
repair or maintenance.
5. Improvements. Except as otherwise provided herein, Grantee may upgrade or
otherwise make improvements to the Driveway only upon the advance written consent of
Grantor, which consent may not be unreasonably withheld, delayed or conditioned. The costs of
any upgrades or improvements to the Driveway will be paid in the same manner as the
Maintenance costs unless otherwise agreed to in writing by the Owners.
6. Encumbrances. The Easements are made subject to all covenants, conditions,
restrictions, encumbrances, and easements of record as of the date this Agreement is recorded.
The Owners acknowledge that each Owner may grant other easements over and across their
respectively owned Parcel so long as such easements do not interfere with the use of the
Easements.
7. Property Taxes. The Owner of the Grantor Parcel will pay all real property taxes
and special assessments levied against Grantor Parcel, without any reimbursement from the
Owner of Grantee Parcel for any portion thereof. The Owner of Grantee Parcel will pay all real
property taxes and special assessments against Grantee Parcel, without any reimbursement from
the Owner of Grantor Parcel for any portion thereof.
8. Insurance and Indemnification. Each Owner will carry insurance to protect it
in connection with the ownership, use, and Maintenance of the Easements. Each Owner will
furnish to the other party, if requested, evidence of the insurances described in this Paragraph.
Each Owner will indemnify and hold the other Owner harmless from all claims, judgments, costs
and expenses (including, without limitation, reasonable attorneys' fees) incurred by the second
Owner arising in connection with or as a direct or indirect result of the first Owner's exercise of
the rights granted or breach of the obligations imposed in this Agreement; provided, however,
the Grantor's indemnification and hold harmless obligations shall only be to the extent permitted
under Applicable Laws.
9. Compliance with Laws. Each Owner will comply with all applicable laws,
codes, ordinances, rules, and regulations (collectively, "Applicable Laws") governing the
maintenance and use of the Easements.
10. Damage. If either Owner, or an Affiliate of either Owner, causes any damage to
the Easements or the other Owner's Parcel, then the responsible party will immediately cause and
pay for the repair of such damage.
-3-
11. Default. If an Owner fails to comply with any provision herein, including,
without limitation, the obligation to pay any maintenance costs or property taxes and assessments
("Defaulting Owner"), then the other Owner ("Non-Defaulting Owner") may upon ten (10)
days’ prior written notice to the Defaulting Owner, cure the default by the payment of money or
performance of other action for the account of the Defaulting Owner. The foregoing right to cure
may not be exercised if within ten (10) days of the written notice: (i) the Defaulting Owner cures
the default; or (ii) if the default is curable, but cannot reasonably be cured within that time
period, the Defaulting Owner begins to cure such default within such time period and thereafter
diligently pursues such cure to completion. The ten (10) day notice period will not be required
if, using reasonable judgment, the Non-Defaulting Owner gives reasonable notice of its intent to
cure to the Defaulting Owner. Within ten (10) days following written demand, including copies
of paid invoices, the Defaulting Owner must reimburse the Non-Defaulting Owner any sum
reasonably expended by the Non-Defaulting Owner to cure the default. The Non-Defaulting
Owner also has the right to restrain by injunction any violation or threatened violation by the
Defaulting Owner of any of the terms, covenants, or conditions hereof, or to obtain a decree to
compel performance if any such term, covenant, or condition is not adequate. In addition to all
other rights and remedies, the Non-Defaulting Owner may place a lien on the Defaulting Owner's
Parcel for such amount owed, together with interest at the maximum legal rate, plus attorneys'
fees necessary for collection. The Non-Defaulting Owner may, in addition to, or instead of,
foreclosure, obtain a personal judgment against the owner of the Defaulting Owner's Parcel who
failed to pay the real property taxes and special assessments. All remedies are cumulative and
will be deemed additional to any and all other remedies to which the Owners may have at law or
in equity.
12. Notices. All notices, requests, claims, demands, and other communications
hereunder must be in writing and delivered by personal delivery, a recognized overnight courier
service, or postage prepaid registered mail, return receipt requested to the parties at their
addresses first indicated above or to such other address or such additional recipient as any Owner
may have furnished to the others in writing in accordance herewith. All notices will only be
effective upon receipt or refusal.
13. Duration and Effect. The Easements burden the Grantor Parcel and benefit the
Grantee Parcel. This Agreement will continue in effect perpetually and constitute an easement
and a covenant running with the land; but nothing contained in this Agreement will be construed
as a conveyance by Grantor of its rights in the fee to Grantor Parcel. Grantor and Grantee will
automatically be released from all liability thereafter arising under this Agreement upon
conveyance of their respective entire interest in the real property burdened or benefited by this
Agreement.
14. Amendments. This Agreement may be amended, modified or terminated (in
whole or in part) from time to time by written document executed and acknowledged by all of
the Owners and duly recorded in the Muskegon County Register of Deeds, Michigan, or in such
other office as may from time to time by law be charged with the duty of maintaining the public
records of Muskegon County, Michigan, and will not otherwise be amended, modified or
terminated during the term hereof.
-4-
15. Owners Bound. The terms and conditions of this Agreement bind and benefit
each Owner and their respective heirs, personal representatives, distributees, executors,
administrators, successors, and assigns.
16. Governing Law. This Agreement is governed by and will be construed in
accordance with the laws of the State of Michigan.
17. Entire Agreement. This Agreement contains the entire understanding of Grantor
and Grantee and the parties acknowledge that there have been no representations or
understandings other than those expressly set forth in this Agreement.
18. Counterparts. This Agreement may be executed in one or more counterparts,
each such counterpart being deemed an original and all such counterparts taken together
constituting but one and the same instrument.
The Grantor and Grantee signed this Easement Agreement as of the date first set
forth above.
-5-
THE CITY OF MUSKEGON
By
Frank Peterson, City Manager
Grantor
STATE OF MICHIGAN )
) ss:
COUNTY OF __________________ )
The foregoing instrument was acknowledged before me this __________, 2019,
by Frank Peterson, as City Manager of the CITY OF MUSKEGON, a Michigan municipal
corporation, for the corporation.
Notary public, State of Michigan, County of
My commission expires
Acting in the County of
-6-
HARBOR WEST, LLC
By
W. Sidney Smith, Manager
Grantee
STATE OF MICHIGAN )
) ss:
COUNTY OF __________________ )
The foregoing instrument was acknowledged before me this __________, 2019,
by W. Sidney Smith, as Manager of HARBOR WEST, LLC, a limited liability company, for the
limited liability company.
Notary public, State of Michigan, County of
My commission expires
Acting in the County of
This instrument was prepared by and return to:
Rob M. Davies
WARNER NORCROSS + JUDD LLP
900 Fifth Third Center
111 Lyon Street, NW
Grand Rapids, Michigan 49503-2487
Telephone: (616) 752-2000
18771913
-7-
EXHIBIT A
Grantor Parcel Legal Description
Except:
EXHIBIT B
Grantee Parcel Legal Description
Parcel 4:
THOSE PARTS OF BLOCKS 574 AND 575, REVISED PLAT (OF 1903) OF THE CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEASTERLY CORNER OF BLOCK 574 OF SAID REVISED PLAT (OF 1903) OF THE CITY
OF MUSKEGON; THENCE NORTH 88°43’ WEST 270.42 FEET (M=NORTH 84°41’53” WEST 270.27
FEET) TO A POINT ON THE NORTHERLY LINE OF WEST WESTERN AVENUE FOR A POINT OF
BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF WEST WESTERN AVENUE 457.28 FEET
(M=NORTH 80°29’18” WEST 457.02 FEET); THENCE NORTH 2°04’ WEST 492.92 FEET; THENCE
SOUTH 47°05’ EAST 236.7 FEET; THENCE CONTINUING SOUTH 47°04’ EAST TO A POINT 100
FEET NORTH OF AND NORTH 1°40’ WEST OF THE POINT OF BEGINNING. TOGETHER WITH
THE C & O RAILWAY COMPANY RIGHT OF WAY RUNNING THROUGH THE ABOVE DESCRIBED
PARCEL, EXCEPT THAT PART WHICH WAS DEEDED TO THE CITY OF MUSKEGON AS
RECORDED IN LIBER 2138, PAGES 751 AND 752.
The property address and tax parcel number listed below are provided solely for informational
purposes, without warranty as to accuracy or completeness. If the information listed below is
inconsistent in any way with the legal description listed above, the legal description listed
above shall control.
Property Address: 1000 W. Western Avenue, Muskegon, Michigan
Tax Parcel No.: 61-24-205-574-0001-10
And
EXHIBIT C
Site Plan
[Insert]
FINAL EASEMENT TEMPORARY EASEMENT PERMANENT EASEMENT
TO CITY TO CITY TO DEVELOPER
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/14/20 Title: Termination of Restrictive Covenant
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to terminate the restrictive covenant that states that structures may not
be placed within the vacated alleys adjacent to lots 3 & 4 of the Seaway Industrial Park.
Detailed Summary: In 2019, the City Commission approved a purchase agreement for the sale of
lots 3 & 4 of Seaway Industrial Park. After performing title work, it was discovered that there is a
restrictive covenant on the property relating to the alley vacations that were executed in 2003. The
restrictive covenant states: “No structure shall be placed in the easement which, in the sole
judgment of the City, will interfere with the repair or maintenance of utilities in the easement, public
or private.” However, there are no active utilities within these vacated alleys. The buyer is
requesting that the City sign the “Termination of Restrictive Covenant” document.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Termination of Restriction resolution and authorize staff to
sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
TERMINATION OF RESTRICTION
Pursuant to that certain Resolution #2003-85(f), Resolution to Vacate Public Alleys, recorded in
Liber 3578, Page 352, of the Muskegon County Register of Deeds (the “Resolution”), the Muskegon City
Commission vacated and discontinued the alleys legally described as:
All existing alleys in Blocks 1 through 4 of the Young & Williams Additions, of the City
of Muskegon, County of Muskegon, State of Michigan.
The Resolution also contains the following restrictive covenant: “No structure shall be placed in the
easement which, in the sole judgment of the City, will interfere with the repair or maintenance of utilities
in the easement, public or private” (the “Restriction”). The City hereby terminates this Restriction
effective as of the date set forth below. Except as otherwise provided in this Termination of Restriction,
the Resolution shall remain in full force and effect.
IN WITNESS WHEREOF, this instrument is dated this _______ day of January, 2020.
CITY OF MUSKEGON:
_______________________________
Mike Franzak, Planning Director
STATE OF MICHIGAN )
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of January, 2020, by Mike
Franzak, as Planning Director of and on behalf of the City of Muskegon.
_________________________________
____________________, Notary Public
State of Michigan, County of Muskegon
My commission expires: ____________
Acting in the County of Muskegon
Prepared by and when recorded return to:
PARMENTER LAW
Christopher L. Kelly
601 Terrace St., Suite 200
Muskegon, MI 49440
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 1/14/20 Title: Termination of Interests
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request for the City to terminate and release all of its easements, rights and
interests; which relates to vacated alleys on the property that Grand Rapids Catholic Diocese will
be purchasing from the City (former Park St Storage location).
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Termination of Interests document and authorize staff to
sign.
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: January14, 2020 Title: Third Amendment to Shared Use
Agreement
Submitted By: Beth Lewis Department: Finance
Brief Summary: Staff is seeking approval of the third amendment to the lease agreement with WC
Hockey. This amendment will codify a number of changes that are in the process of being
implemented.
Detailed Summary: We are proposing amendments to four sections of the lease to accommodate
mutually-desirable changes, as follows:
1. Paragraph 12 is being updated to match the changes approved by the city commission
related to splitting the gross revenue from the naming rights deal as well as the other
dominate signage deals. The City will retain 80% of the gross naming rights revenue. The
team will retain 80% of the other dominant signage revenue outlined in the exhibit.
2. Paragraph 14. The Lumberjacks previously agreed to undertake a certain amount of
construction in the facility and be reimbursed for those costs only if they exercised their first
option to extend the lease. Here, we are acknowledging that the work is complete and the
cost was $260,215.35. It will be deducted from their rent in years 3-7.
3. Paragraph 18 is being amended to allow for additional ticketing for the city. The city will
use these tickets, in-part to meet some of the obligations associated with the Mercy Health
naming rights sponsorship.
4. Language was added to account for the studio space we will be providing to WZZM.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Approve the Agreement and authorize the City Manager and City Clerk to
sign.
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: 1/14/2020 Title: CRC Resignation, Removal, and
Appointment and Re-Appointment
Recommendations
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: To accept removals, appointments, and re-appointments for various community
relations committees, boards, authorities, and commissions.
Detailed Summary: To accept removals, appointments, and re-appointments for various
community relations committees, boards, authorities, and commissions as follows:
• Removals of Carrie Johnson and Eleanor Canter of the Community Development Block
Grant/Citizen’s District Council.
• Appointments/Reappointments to the following boards:
Board of Review
Reappoint: Mary Jamieson (Citizen) and Clinton Todd (Citizen)
Appoint: Martha Bottomley (Citizen)
Citizen Police Review Board
Reappoint: David Bukala (Law Enforcement Official), Ruby Clark (Neighborhood Association
Rep.), and Josie James (Member of Minority Based Org.)
CDBG/CDC
Appoint: James Chabot (Citizen Ward 1) and Marie Cisneros (Citizen at Large)
Construction Code Board of Appeals
Reappoint: Bion Boucher (Architect), Harold Callender (Plumbing), James Fox (Electrical), and
Michael McPhall (Fire)
Downtown Development Authority
Reappoint: Paul Edbrooke (Citizen) and Michael Kleaveland (Interest in the District)
Election Commission
Reappoint: Casey Allard (Citizen)
Equal Opportunity Committee
Reappoint: Kimberly Williams (Ward 4)
Appoint: Jared Gazarek (Citizen Ward 2), Patsy Petty (Citizen Ward 1), and Ana Zuber (Citizen
At Large)
Historic District Commission
Reappoint: Steven Radtke (Citizen) and Kimi George (Resides or Has Interest in Historic
District)
Housing Code Board of Appeals
Reappoint: Kim Burr (Citizen) and Boyd Arthur (Citizen)
Housing Commission
Appoint: Jake Eckholm (Citizen)
Income Tax Board of Review
Appoint: Carrie Frees (Resident)
Local Development Finance Authority
Reappoint: Andy Wible (Citizen)
Appoint: Todd Halterman (Citizen)
Local Officers Compensation Commission
Reappoint: Dwayne Lang (Citizen)
Planning
Reappoint: Bryon Mazade (Citizen) and Jill Montgomery-Keast (Citizen)
Appoint: Larry Spataro (Citizen)
Zoning Board of Appeals
Reappoint: Ernest Fordham (Citizen) and Jonathan Witmer (Citizen)
Appoint: Terry Puffer (Citizen)
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.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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