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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 8, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
REMOTE MEETING
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Big Red Development Proposal - Presentation Development Services
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Community Relations Committee Recommendations City Clerk
C. Purchase Agreement 580 Catherine Ave City Manager
D. Purchase Agreement 271 Merrill Ave City Manager
E. Reeths Puffer Hockey Lease City Manager
F. Arena Marquee Change Order 1 City Manager
G. Arena Rent Reduction City Manager
H. Arena Social Distancing Investments City Manager
I. Second Floor Window Coverings City Manager
J. City Hall Lighting City Manger
K. Muskegon Historic District Commission Certified Local Government
Application Planning
L. Edgewater Street Engineering Study Public Works
M. Jefferson & Strong Change Order #001 Public Works
N. DPW Laborer Position Public Works
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O. Lakeshore Trail Repairs Public Works
P. Mausoleum Repairs Public Works
Q. Citizens Participation Plan (CPP) Amendment Community &
Neighborhood Services
R. MERS Supplemental Contribution Finance
S. Resolution Authorizing Issuance of 2020 Capital Improvement Bonds
Finance
T. Social District Permit Recommendations Economic Development
□ PUBLIC HEARINGS:
A. Business Improvement District (BID) Public Hearing Economic
Development
□ UNFINISHED BUSINESS:
A. Amendment to Zoning Ordinance – Marihuana Overlay District
Planning
B. Amendment to Zoning Ordinance – Marihuana Overlay District
Planning
□ 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.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Big Red Development Proposal
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is presenting a development proposal to construct single and multi-family
housing for rent and purchase in three urban core neighborhoods. A subsequent proposal will
include a mixed use development at Angell School.
Detailed Summary: The initial proposal includes the sale of 55 lots scattered throughout the Angell,
Jackson Hill, and McLaughlin neighborhoods with the goal of increasing to at least 100 lots.
Homes will be offered for rent and for sale, depending on what the market will bear and will be
priced for working class singles and families in the 80-120% area median income level. Some
properties will include new construction while others will include renovation of existing structures.
The developers are interested in partnering with the local business community to manage and
service the properties.
The developers are requesting that each property be sold for $1 and that water and sewer
connection fees be covered by the city. To protect their investment, the developers are also
requesting first right of refusal on additional lots and homes that the city acquires within ½ mile of
their current investments.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: None at this time. The developers want to present their idea for
consideration.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Development Agreement
This DEVELOPMENT AGREEMENT (the “Agreement”) is made on the ___ day
of ___________, 2020, by and between the CITY OF MUSKEGON, a Michigan
municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440
(the “City”) and BIG RED DEVELOPMENT, LLC, a Michigan limited liability
company, whose registered address is 9 East Main Avenue, Zeeland, Michigan 49464
(“Big Red”) (collectively the “Parties”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended (“Act 381”), the Muskegon
Brownfield Authority adopted a brownfield plan on ______________ (the “Brownfield
Plan”), as well as other, municipally-owned, vacant lots and properties, including those
on the site maps collectively attached as Exhibit A (collectively the “Property” and/or
the “Lots”).
B. The Property, and some of the Lots, are included in the City’s Scattered
Site Brownfield Project, as amended by the Muskegon Brownfield Redevelopment
Authority.
C. Big Red intends to redevelop the Property into approximately fifty-five (55)
units of scattered site residential homes are located and in which a certain percentage of
units are allocated to tenants with income levels between 80% and 120% of the Area
Median Income (“AMI”) (collectively the “affordable units”), as defined by the Michigan
State Housing Development Authority (the “Project”).
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NOW, THEREFORE, the Parties agree as follows:
1. Project Completion.
Big Red agrees to purchase the Property in fifty-five (55) separate parcels
(collectively the “Lots”), will be responsible for all survey work associated with all Lot
line adjustments. Water and sewer connection fees shall be the responsibility of the City
and all other inspection and permit fees shall be the responsibility of Big Red.
2. Rental Rates.
Big Red shall cap the monthly rental rate of the income-restricted units to meet the
RENT LIMITS established annually by the Michigan State Housing Development
Authority for a Muskegon County family earning 120% AMI and renting a 3-bedroom
home.
3. 435 East Isabella Property (the “Home”).
A. The Home shall be purchased for $1.00;
B. Contingencies of the purchase:
i. Mutually agreed upon and satisfactory inspection;
ii. Variance to allow 3 separate tenants (back building as 3rd living
space);
iii. Lot next door (to the east) and across the street (to the north) to be
included as two (2) of the Lots;
iv. Free hook-ups for sewer and water on this Home.
4. Vacancy Assistance and Strategic Alliances.
The City and Big Red will take all steps necessary to form strategic alliances with
non-profit entities, including but not limited to Community Encompass, in order to
facilitate the rental of homes renovated and/or constructed on the Lots.
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5. Term of Agreement.
Big Red’s obligations under this Agreement shall terminate on December 31, 2029
or upon a sale of any real property that results in an uncapping of the Lots’ Taxable
Value (the “Term”).
6. Right of First Refusals/Options.
Lots and/or Foreclosed Homes/Dwellings Located within One-Half (1/2) Mile of
the Lots. Big Red shall have a right of first refusal and the option to purchase any empty
lot and/or home/dwellings foreclosed on, which become owned by the City of Muskegon
through any means, for a price negotiated between the Parties per vacant lot or
home/dwelling, to the extent such vacant lots, homes and/or dwellings become available
within one-half (1/2) mile of any of the Lots.
7. Notices.
All notices shall be given by registered or certified mail addressed to the Parties at
their respective addresses as shown above. Any party may change the address by written
notice sent by registered or certified mail to the other party.
8. Assignment.
Big Red shall have the right to assign all of its rights and delegate all of its
obligations under this Agreement to either an existing or a newly created entity, provided,
however, that no assignment shall operate as a release of Big Red. Except as otherwise
set forth above, neither party may assign its rights or delegate its obligations under this
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Agreement without the consent of the other party, which consent may be withheld in such
other party’s sole discretion.
9. Arbitration.
Any and all disputes, controversies, or claims arising out of or in connection with
or relating to this Agreement, or any breach or alleged breach thereof, shall, on the
request of either party, be submitted to and settled by arbitration in the State of Michigan
pursuant to the rules, then in effect, of the American Arbitration Association (or at any
other place or under any other form of arbitration mutually acceptable to the Parties
involved). This Agreement to arbitrate shall be specifically enforceable under the
prevailing arbitration law. Notice of the demand for arbitration shall be filed, in writing,
within a reasonable time after the claim, dispute, or other matter in question arose where
the party asserting the claim should reasonably have been aware of it, but in no event
later than the applicable Michigan statute of limitations. Cost of arbitration shall be
shared equally by the Parties, provided that each party shall pay for and bear the cost of
his or her own experts, evidence, and attorney fees. Judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction to do so.
10. Entire Agreement.
This Agreement and its Exhibits supersede all agreements previously made
between the Parties relating to the subject matter. There are no other understandings or
agreements between them.
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11. Non-Waiver.
No delay or failure by any party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
12. Headings.
Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
13. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
14. Counterparts.
This Agreement may be executed in two or more counterparts, via email or
facsimile, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
15. Binding Effect.
The provisions of this Agreement shall be binding upon and inure to the benefit of
all the Parties and their respective heirs, legal representatives, successors and assigns.
*****
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The Parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON
By:
Its:
BIG RED DEVELOPMENT, LLC
By:
Its:
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EXHIBIT A
Parcel Purchase Agreement
This PARCEL PURCHASE AGREEMENT (the “Agreement”) is made on the ___
day of ___________, 2020, by and between the CITY OF MUSKEGON, a Michigan
municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440
(the “Seller”) and BIG RED DEVELOPMENT, LLC, a Michigan limited liability
company, whose registered address is 9 East Main Avenue, Zeeland, Michigan 49464
(“Purchaser”) as follows:
BACKGROUND
Purchaser and Seller entered into a Development Agreement concurrently with this
Agreement which contemplates that Purchaser will purchase approximately fifty-five (55)
separate parcels of land (the “Lots”). The Lots are located in the City of Muskegon,
Muskegon County, Michigan and are depicted on Exhibit A attached to the Development
Agreement.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Phase Parcels. Seller agrees to sell and Purchaser agrees to purchase the
parcels, as depicted on Exhibit A attached to the Development Agreement and
incorporated by reference herein. The precise description of each Project and any
individual building sites within each Property will be agreed to by the Parties prior to
closing, as contemplated by the Development Agreement.
2. Purchase Price. The Purchase Price shall be One Dollar ($1.00) for each
parcel. The Purchase Price shall be delivered at Closing in immediately available funds
subject to the terms and conditions stated in this Agreement. The Purchaser’s obligations
under this Agreement are not contingent upon financing.
3. Investigation Period; Right to Terminate. The “investigation period” shall
expire ninety (90) days following the date this Parcel Purchase Agreement has been
executed by both Parties (the “effective date”). During the investigation period, the
Purchaser shall have the right to have the Parcel inspected, surveyed, evaluated, analyzed,
tested, appraised and/or assessed for any matter whatsoever, including but not limited to,
market value; soil conditions; location of flood plains; presence of wetland and necessary
mitigation, if any; storm water drainage systems; presence of environmental
contamination; health and safety conditions; access to utilities; access to public roads;
zoning; entitlement; compliance with laws, codes and ordinances and any other matter
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desired by the Purchaser. The Seller hereby grants the Purchaser and the Purchaser’s
agents, employees, representatives, consultants, and contractors a nonexclusive license
during the term of this Agreement, to enter and have access to the Parcel for purposes of
having such investigations performed and the right to discuss the Parcel and the conditions
related thereto with governmental authorities. During the investigation period, and any
extensions thereof, the Purchaser has sole discretion to terminate this Agreement. All
investigations, testing, and inspections by the Purchaser shall be at the Purchaser’s sole
cost and expense. Any permits or permitting requested or required by the Purchaser shall
be at the Purchaser’s sole cost and expense, and at the Purchaser’s sole risk. The Purchaser
may extend the investigation period for up to an additional ninety (90) days if the Purchaser
in good faith decides to do so based on information learned during the investigation period.
4. Payment of Property Taxes. The Purchaser shall have no obligation to pay
any amount for property taxes that may have been assessed through the date of Closing,
and such property taxes shall be abated until such time as any rentable and/or sellable
structure is constructed on each respective Lot and/or parcel.
5. Closing Deadline; Schedule. The Parties agree to schedule closings at the
earliest possible time following the latter end of the investigation period, or any extension
thereof.
6. Seller’s Closing Deliveries. At the Closing, the Seller shall deliver to the
Purchaser the following items, which shall be in a form and substance satisfactory to the
Purchaser:
A. A warranty deed conveying to the Purchaser Seller’s interest to the
Parcel, executed and acknowledged by the Seller in recordable form;
B. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by
the Seller.
7. Purchaser’s Closing Deliveries. At Closing, the Purchaser shall deliver to
the Seller:
A. The Purchase Price; and
B. Such other documents, including a signed Closing Statement, as are
necessary and appropriate for the consummation of this transaction by
the Purchaser.
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8. Special Assessments. The Seller agrees to disclose to the Purchaser, in
writing, information regarding any outstanding special assessments on the Parcel, within
ten (10) days of execution of this Agreement.
9. Title. It is the Purchaser’s obligation to order a commitment for an owner’s
policy of title insurance from Devon Title Agency (the “Title Policy”) within ten (10) days
of the date of this Agreement. If the Purchaser has any objections to matters disclosed in
the title commitment, the Purchaser has the right to terminate this Agreement without
further obligation.
10. Representations and Warranties of the Seller. The Seller hereby
represents and warrants to the Purchaser that to the best of the Seller’s knowledge, as of
the date hereof and on the date of Closing, which representations and warranties shall
survive Closing, but without additional investigation by the Seller:
A. The Seller has the right, power and authority to enter into this
Agreement and to sell the Parcel in accordance with the terms hereof,
and the Seller has granted no option or right of first refusal to any
other person or entity to purchase the Parcel and has not entered into
any contract to sell the Parcel as of the date of the Agreement. The
individuals signing this Agreement and all other documents executed
or to be executed pursuant hereto on behalf of the Seller are and shall
be duly authorized to sign the same on the Seller’s behalf and to bind
the Seller thereto.
B. Except as disclosed in the writing to the Purchaser by the Seller, the
Seller has not received any notice of, and has no knowledge within
the past ten (10) years, of existing violations on the Parcel or any
portion thereof of any zoning, building, fire, health, pollution,
environmental protection, hazardous or toxic substance or waste
disposal law or ordinance.
C. At the Closing, there will be no parties in possession of the Parcels or
entitled to possession thereof other than the Seller. There will be no
leases, agreements, options or other instruments or agreements in
effect with respect to the Parcel.
D. There are no existing or pending condemnations or sales in lieu
thereof with respect to the Parcel, or any part thereof, nor have any
such actions, suits, proceedings or claims been threatened or asserted.
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E. There are no delinquent assessments. Except for any ordinary
accruals of dues, no future assessments against the Parcel has been
announced.
F. There is no litigation, proceeding or investigation pending or, to the
Seller’s knowledge, threatened against or involving Seller or the
Parcel, and the Seller does not know or have reason to know of any
grounds for any such litigation, proceeding or investigation, which
could have an adverse impact on the Purchaser or the Purchaser’s title
to or use of the Parcel, either before or after Closing.
G. The Seller has not received any notice of assessment or proposed
assessment in connection with the Parcel.
H. The Seller is not a “foreign person” as that term is defined in Section
1445 of the Internal Revenue Code of 1986, as amended.
I. Except as set forth in documents provided by the Seller to the
Purchaser, the Parcels and the Seller are in full compliance with all
requirements of federal, state and local environmental, health or safety
laws, regulations and administrative or judicial decrees, as amended
(the “Environmental Laws”).
J. With the exception of the documents available in the public domain
and the documents provided by the Seller to the Purchaser, there are
no reports, studies, appraisals, engineering reports, agreements with
governmental authorities, wetland studies or reports, flood plain
studies or reports related to the Parcel of which Seller is aware within
the last ten (10) years, or that are in the Seller’s possession or control.
11. Representations and Warranties of the Purchaser. The Purchaser hereby
represents and warrants to the Seller, which representations and warranties shall survive
Closing, that as of the date hereof, and on the date of Closing:
A. The Purchaser has the full power and authority to execute, deliver and
perform this Agreement and all of the Purchaser’s obligations under
this Agreement; and
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B. The individuals signing this Agreement and all other documents
executed or to be executed pursuant hereto on behalf of the Purchaser
are and shall be duly authorized to sign the same on the Purchaser’s
behalf and to bind the Purchaser thereto.
12. Indemnification. The Seller agrees to indemnify and hold the Purchaser and
its managers, members, and successors and assigns and their members, managers and
representatives (the “Purchaser Group”) harmless from and against any and all liabilities,
claims, demands, and expenses, of any kind or nature, including but not limited to all
expenses related thereto, including, without limitation, court costs and attorney’s fees for
matters (i) arising or accruing prior to the Closing and which are in any way related to the
ownership, maintenance, or operation of the Parcel; and/or (ii) arising from or related to
the inaccuracy or breach of any of Seller’s representations and warranties. The Purchaser
agrees to indemnify and hold the Seller and its managers, members, and successors and
assigns and their members, managers and representatives (the “Seller Group”) harmless
from and against any and all liabilities, claims, demands, and expenses, of any kind or
nature, including but not limited to, all expenses related thereto, including, without
limitation, court costs and attorney’s fees for matters (i) arising or accruing after the
Closing and which are in any way related to the Purchaser’s ownership, maintenance, or
operation of the Parcel; and/or (ii) arising from or related to the inaccuracy or breach of
any of the Purchaser’s representations and warranties. It is expressly stipulated and agreed
that the provisions of this section shall survive Closing.
13. Default and Remedies.
A. Purchaser’s Default; Seller’s Remedy. If the Purchaser fails to close
on the purchase of the Parcel, the Seller may, as its sole and exclusive
remedy, terminate this Agreement by giving an appropriate Notice of
Default as provided below.
B. Seller’s Default; Purchaser’s Remedy. If the Seller fails to close on
the purchase of the Parcel, the Purchaser may, as its sole and exclusive
remedy, terminate this Agreement by giving an appropriate Notice of
Default as provided below.
C. Notice of Default. In the event either party declares the other to be in
default, such declaration shall be in writing, with an outline of the
actions required to cure such default. The recipient of such notice of
default shall have fifteen (15) days to cure the alleged default.
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14. Attorneys’ Fees. The prevailing party in any legal proceeding brought under
or with relation to this Agreement or transaction shall be entitled to recover court costs,
reasonable attorneys’ fees and all other litigation expenses from the non-prevailing party.
15. Sale and Assignment of Agreement. The Purchaser shall have the right to
assign all of its rights and delegate all of its obligations under this Agreement to either an
existing or a newly created entity, provided however, that no assignment shall operate as a
release of the Purchaser. Except as otherwise set forth above, neither party may assign its
rights or delegate its obligations under this Agreement without the consent of the other
party, which consent may be withheld in such other party’s sole discretion.
16. Miscellaneous.
A. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
B. This Agreement shall be governed by and construed under the laws of
the State of Michigan.
C. This Agreement supersedes all prior discussions and agreements
between the Seller and the Purchaser with respect to the conveyance
of the Parcel and all other matters contained herein and constitutes the
sole and entire agreement between the Seller and the Purchaser with
respect thereto. This Agreement may not be modified or amended
unless such amendment is set forth in writing and signed by both the
Seller and the Purchaser.
D. All notices, payments, demands or requests required or permitted to
be given pursuant to this Agreement shall be in writing and shall be
deemed to have been properly given or served effective on the second
(2nd) business day after being deposited in the United States mail,
postpaid and registered or certified with return receipt requested; or
when sent by private courier service for same-day delivery or one day
after being sent by private courier service for next day delivery.
Notices shall be sent via email and also to the respective addresses set
forth below:
To Seller: THE CITY OF MUSKEGON
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
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To Purchaser: BIG RED DEVELOPMENT, LLC
Attn: Timothy A. Hoesch
9 East Main Avenue
Zeeland, MI 49464
tim@hvplaw.com
E. This Agreement shall inure to the benefit of and bind the Parties hereto
and their respective heirs, legal representatives, successors and
permitted assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first written above.
CITY OF MUSKEGON
By:
Its:
BIG RED DEVELOPMENT, LLC
By:
Its:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the August 25, 2020 regular City Commission 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 MEETING
AUGUST 25, 2020 @ 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
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, August 25, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
2020-55 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 10, 2020
Worksession Meeting, August 11, 2020 Regular City Commission Meeting, and
August 12, 2020 Goal Setting Prep Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Rezoning of 55 Ottawa St, 61 Ottawa St, and 65 Bank St Planning
SUMMARY OF REQUEST: Request to rezone 55 Ottawa Street, 61 Ottawa Street,
and 65 Bank Street from WM, Waterfront Marine, to I-2, General Industrial.
STAFF RECOMMENDATION: To approve the request to rezone 55 Ottawa
Street, 61 Ottawa Street, and 64 Bank Street from WM, Waterfront Marine, to I-2,
General Industrial.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
approve the consent agenda as presented, except item B.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
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and Johnson
Nays: None
MOTION PASSES
2020-56 REMOVED FROM CONSENT AGENDA:
B. Transfer of Ownership of the Arch (Art Piece) to County of Muskegon City
Manager
SUMMARY OF REQUEST: Staff is seeking permission to sign the attached Deed of
Gift for the Arch, a sculpture that has been housed in several locations until it
found its home at 7th and Western Avenue next to the historic Union Depot in
2016. Staff wishes to transfer ownership and responsibility to the County as it
currently sits on Muskegon County property.
STAFF RECOMMENDATION: To authorize the City Manager to sign the Deed
of Gift to transfer ownership of the Arch to the County of Muskegon.
Motion by Commissioner Emory second by Commissioner Rinsema-Sybenga, to
authorize the City manager to sign the Deed of Gift to transfer ownership of the
Arch to the County of Muskegon.
ROLL VOTE: Ayes: None
Nays: Hood, Ramsey, German, Rinsema-Sybenga, Emory, and
Gawron
MOTION FAILS
2020-57 NEW BUSINESS:
A. Resolution for Designation of City Street in Honor of Bishop Wells Vice
Mayor Hood
SUMMARY OF REQUEST: A request has been received to designate Valley Street
and the corner of Getty Street and Delano Avenue as Bishop Nathaniel Wells Jr.
Way to honor his legacy and leadership within the community.
STAFF RECOMMENDATION: To approve the resolution to designate Valley
Street and the corner of Getty Street and Delano Avenue as Bishop Nathaniel
Wells, Jr. Way.
Motion by Vice Mayor Hood second by Commissioner German, to approve the
resolution and designate Valley Street and the corner of Getty Street and Delano
Avenue as Bishop Nathaniel Wells Jr. Way.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
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B. Request to Fly Mexican Flag City Clerk
SUMMARY OF REQUEST: Latinos Working for the Future is requesting to have the
Mexican Flag flown at City Hall in celebration of Mexican Independence Day
which is September 16, 2020. They are requesting that the flag be raised on
September 12, 2020 during a flag raising ceremony and taken down on
September 20, 2020. They are also requesting to host a mini event to raise the
flag as well as having a drive by community children’s PPE giveaway.
STAFF RECOMMENDATION: To grant the request of Latinos Working for the
Future and allow them to host a mini flag raising event on September 12, 2020 in
conjunction with a drive-by community children’s PPE giveaway and to allow
the Mexican Flag to be flown September 12, 2020 through September 20, 2020
at City Hall.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
grant the request of Latinos Working for the Future and allow them to host a mini
flag raising event on September 12, 2020 in conjunction with a drive-by
community children’s PPE giveaway and to allow the Mexican Flag to be flown
September 12, 2020 through September 20, 2020 at City Hall.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
C. First Responder Hazard Pay Premium Program Finance
SUMMARY OF REQUEST: To authorize staff to apply for reimbursement under the
State of Michigan’s First Responder Hazard Pay Premium Program.
As part of the State of Michigan’s CARES Act the First Responder Hazard Pay
Premium Program will reimburse employers for hazard pay premiums paid to
eligible employees who have performed hazardous duty or work involving
physical hardship related to COVID 19 up to $1,000 per employee.
During the months of April and May the City paid all sworn police, fire personnel,
and employees working a full 40 hours who were deemed essential a flat $100
per week. Additionally, all employees that were expected to directly interact in
a face-to-face capacity with residents of handle mail or cash from outside of
City hall were paid an additional $2.50 per hour for all hours worked. Under the
State CARES Act Public Safety and Public Health Payroll Reimbursement
Program the City was able to apply for reimbursement of all Police and Fire
wages and payroll expenditures for April and May. So we expected to be
reimbursed all the essential duty and hazard duty pay and payroll costs paid to
Police and Fire along with their regular pay and payroll costs.
Fire personnel have spoken to the State and confirmed that they would also be
Page 3 of 9
eligible to receive an additional $1,000 per employee that the city could be
reimbursed for. The Finance office has confirmed this. The reimbursement would
only be for up to $1,000 per employee and would not reimburse the City for their
payroll costs. We have 92 First Responders and have estimated the payroll costs
to be $18,581.
The application will be submitted as payment is pending approval of funds
availability. The State has earmarked $100,000,000 for this program.
AMOUNT REQUESTED: $18,581
STAFF RECOMMENDATION: To authorize staff to apply for the State of
Michigan’s CARES Act First Responder Hazard Pay Premium Program.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to authorize staff to apply for the State of Michigan’s CARES Act First Responder
Hazard Pay Premium Program.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
D. Consumers Energy Easements Development Services
SUMMARY OF REQUEST: Staff is seeking direction for two lease agreements to
provide Consumers Energy permanent access to trim, cut down, and control
any trees, brush, and other vegetation. The easements also allow the company
to maintain, inspect, survey, replace, reconstruct, improve, remove, replace,
change the size, enlarge, and protect their electric facilities adjacent to the
easement. Please note that Consumers Energy will not use the easements to
construct additional facilities.
As compensation of the easements, Consumers Energy agrees to pay the city
$11,800 based on property values in the area. City staff propose to use the funds
to plant trees throughout the urban core of the city with many targeted for the
downtown area. Please note that the requirements for each easement are
different based on how close the Consumer’s line is to the City of Muskegon
property line.
For the 0005-00 parcel, the Consumers line is 70’ from the city’s property line, and
a 10’ wide easement is needed to remove “danger trees” only. Danger trees
are trees that could exceed 35’ in height and fall into the line.
For the 0003-00 parcel, the Consumers line is 35’ from the city’s property line. This
requires a 5’ easement to remove all vegetation, and a 40’ wide easement to
remove “danger trees.”
FUND OR ACCOUNT: Tree Replacement
Page 4 of 9
STAFF RECOMMENDATION: To approve or deny the two easement
agreements with Consumers Energy and authorize the mayor and clerk to sign.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the two easement agreements with Consumers Energy and authorize
the mayor and clerk to sign.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
E. Social District Plan and Map Approval Economic Development
SUMMARY OF REQUEST: With state enabling legislation for Social Districts, city
staff is proposing a Downtown Muskegon Social District for approval of a plan
and district map and filling them with the Michigan Liquor Control Commission.
Public Act 124 of 2020 allows cities to create Social Districts and within them
Common Areas where alcoholic beverages from participating licensed
establishments can be possessed and consumed outside of the establishments’
service areas. A Downtown Muskegon Social District was presented at the
August City Commission work session designed to create fun and new energy in
the downtown, while assisting participating restaurants and bars to expand
business during COVID-19 restrictions. The district would be managed by the
city’s downtown manager in conjunction with a number of city departments.
The plan addresses a year-round, seven-day-a-week Social District in terms of
marked boundaries, hours of operation, enforcement, security, design of a
district cup, sanitation, marketing and entertainment. Since the work session, the
draft plan and accompanying map have been changed to eliminate the Social
District and Common Area north of Shoreline Drive and at this time the ability to
carry district alcoholic beverages across Shoreline Drive. The other change was
an expansion of the financing options to include fees per cup, annual
establishment participation fees, daily patron wristband fees and potential
district sponsorship revenues. Staff has brought together a working group of
participating establishment representatives to come to a consensus on a
funding model that would pay for all of the city’s cost in implementing and
managing the district. A resolution supporting the Downtown Muskegon Social
District plan and accompanying district map is attached. If approved, the
resolution, plan and map will be sent the Michigan Liquor Control Commission,
operational details set and implementation begun. Participating licensee permit
recommendation approvals are being requested in a separate agenda item.
STAFF RECOMMENDATION: To approve the Downtown Muskegon Social
District and Map and direct the Clerk and Mayor to file it with the Michigan
Liquor Control Commission and authorize staff to implement.
Page 5 of 9
Motion by Commissioner Rinsema-Sybenga second by Commissioner Emory, to
approve the Downtown Muskegon Social District and Map and direct the clerk
and mayor to file it with the Michigan Liquor Control Commission and authorize
staff to implement.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
F. Social District Permit Recommendations Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. The attached
resolution includes the names of the establishments initially seeking a Social
District permit from the state and seeking City Commission recommended
approval. The Social District plan identifies 22 potential participating licensees
within the district. Beyond this initial group of permit applicants, other licensed
establishments may file a Social District permit application in the future.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
Motion by Vice Mayor Hood second by Commissioner Johnson, to approve the
resolution recommending Michigan Liquor Control Commission approval of
Social District permits in the Downtown Muskegon Social District and to direct the
City Clerk to certify the City Commission action with the MLCC.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
G. EDA (Economic Development Administration) Public Works and Economic
Adjustment Assistance Program Grant Economic Development
SUMMARY OF REQUEST: Staff is requesting authorization to apply for a grant
through the Economic Development Administration (EDA) Public Works &
Economic Adjustment Assistance Program, with a commitment of matching
Page 6 of 9
funds, to assist in making necessary infrastructure improvements at the former
state-owned West Shoreline Correctional Facility, currently within the Port City
Industrial Park, located at 2725 Olthoff Drive.
Staff is seeking to apply for a $3,500,000 grant through the EDA Public Works and
Economic Adjustment Assistance Program and commit $700,000 in match
towards a total $4.2M project.
The City took ownership of the 61.96 acre project site on 6/25/19 through the
assistance of a $4 million state grant in 2018. Due care, demolition and site
preparation activities have been completed and approximately $700,000 of the
original grant remains unspent. The EDA grant would result in infrastructure
improvements, including water, sewer and transportation network upgrades to
support future industrial and commercial redevelopment onsite as well as within
the Industrial Park complex. Specific improvements include: up-sizing sanitary
sewer capacity of the Olthoff & DeBaker Gravity Sanitary Sewer line & Sherman
Boulevard Gravity Sanitary Sewer line; extending sanitary & water lateral stub
outs from Olthoff into project site; as well as undergoing pavement
reconstruction of a portion of Keating Avenue which is the last piece of original
road in the Industrial Park.
Total estimated project cost is $4,214,000. Applicant match shared requirement
is 20% and EDA expects to fund at least 80% of project amount. Matching funds
derived from remaining balance of 2018 state grant; approximately $700,000.
Estimated engineering costs of $451,500 is a grant-eligible expense. The City is
well positioned to leverage this redevelopment opportunity as it will make our
region more competitive in attracting new investment and job creation given
the site’s proximity to water/sewer infrastructure, access to a variety of
transportation networks and available workforce.
AMOUNT REQUESTED: $700,000
FUND OR ACCOUNT: 482-91908, State Grants
STAFF RECOMMENDATION: Approve the resolution of support and authorize
the Mayor and Clerk to sign and commit to funding the required match if the
project is selected.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
approve the resolution of support and authorize the Mayor and Clerk to sign and
commit to funding the required match if the project is sealed.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
Page 7 of 9
H. Amendment to the Zoning Ordinance – Marihuana Facilities Overlay
District Expansion Planning
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the
zoning ordinance to expand the marihuana facilities overlay district to several
other locations.
STAFF RECOMMENDATION: To approve the request to amend Section 2331
of the zoning ordinance to expand the marihuana facilities overly district as
presented.
Motion by Commissioner Rinsema-Sybenga second by Commissioner German,
to approve the request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district not as presented but minus
District 1, 2, 3 and 6 – District 4 and 5 for approval.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Gawron, and Hood
Nays: Ramsey, Emory, and Johnson
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: No public comments were
received.
2020-58 CLOSED SESSION:
Attorney/Client Confidential Communication
Motion by Commissioner Rinsema-Sybenga second by Commissioner German,
to go into closed session to discuss Attorney/Client Confidential Communication.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to come out of closed session.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to waive confidentiality and release all contents of the Parmenter Law report to
the public.
Page 8 of 9
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Johnson suggested trying to have the
next general session meeting in person at Hackley Park or at the Mercy Health
Arena, maintaining social distancing, etc., if it can be worked out logistically.
ADJOURNMENT: The City Commission meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 9 of 9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Community Relations Committee
Recommendations
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: To accept the appointment of Sherri Black to the Downtown Development
Authority as a 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 recommendation of the Community Relations
Committee and approve the appointment.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Purchase Agreement 580 Catherine Ave
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to enter into the attached purchase agreement.
Detailed Summary: 580 Catherine was donated to the city from the family of a deceased resident.
Our team rehabbed the home as part of our commitment to create affordable quality home
ownership opportunities in the city’s neighborhoods. All costs associated with closing the estate and
rehabbing the home totaled $95,000. The sales price is $100,000, with the city contributing $4,000
toward closing costs. The gap that exists will be recouped as part of the scattered site brownfield
housing program. The gap for this home is our smallest yet – less than 7% - while the sale price is
also the lowest yet.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager sign the purchase agreement and complete the sale.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Reeths Puffer Hockey Lease
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval amend the shared use agreement with Reeths Puffer’s
varsity hockey team as presented.
Detailed Summary: The agreement extends the relationship with RP Hockey through the 2024-25
season and cleans up some items from the original lease. The lease rate will be paid in two
payments, totaling $26,000 in year 1, and rising slightly in subsequent years.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the change order.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
FIRST AMENDMENT TO
LOCKER ROOM AND ICE RENTAL AGREEMENT
This First Amendment to Shared Use Agreement (“Agreement”) dated effective November 1,
2020, is entered into between the City of Muskegon, a municipal corporation, with offices at 933 Terrace
Street, Muskegon, Michigan 49440 (“Seller”), and Reeths-Puffer Schools, of a Michigan Public School
District (ID 61220), of 991 West Giles Road, Muskegon, Michigan 49445 (“RP Rockets”) (collectively
the “Parties”).
Background
The Parties entered into a Shared Use Agreement dated Effective July 1, 2015 (“Agreement”), and
desire to amend the Agreement as set forth below.
Therefore, the Agreement is amended as follows:
1. Paragraph 1. Leased Premises. Paragraph 1 is deleted in its entirety and replaced with the
following:
Leased Space. Parties agree that RP Rockets have exclusive use of the locker room as defined in
Exhibit A.
2. Paragraph 2. Parking. Paragraph 2 is deleted in its entirety and replaced with the
following:
Parking. Parties agree that RP Rockets have no dedicated parking spaces. RP Rockets players,
coaches, and volunteers shall have access to the same parking spaces generally available to other
arena users.
3. Paragraph 3. Logger Hockey’s and RP Rocket’s Build-Out Obligations. Paragraph 3 is
deleted in its entirety and replaced with the following:
Buildout Obligations. Parties agree that RP Rockets shall be responsible for all buildout and
maintenance within the Leased Space.
4. Paragraph 4. Term. Paragraph 4 shall be amended to a term beginning July 1, 2020 and
Ending June 30, 2025:
5. Paragraph 5. Leased Space Rent. Paragraph 5 is deleted in its entirety and replaced with
the following:
Leased Space Rent. Rent payments and due dates will be as follows:
November 1, 2020* $13,000
March 1, 2021* $13,000
November 1, 2021 $13,325
March 1, 2022 $13,325
November 1, 2022 $13,660
March 1, 2023 $13,660
November 1, 2023 $14,000
March 1, 2024 $14,000
November 1, 2024 $14,350
March 1, 2025 $14,350
*In the event that RP Rockets cannot complete the 2020-2021 hockey season because of COVID-19
related restrictions, the November 1, 2020 and March 1, 2021 rent payments shall be reduced to
$1,500 respectively.
6. Paragraph 6. Additional Rent for RP Rockets’ Build-Out Obligations. Paragraph 6 is
deleted in its entirety.
7. Paragraph 8. Ice Rental Rates (November-March). Paragraph 8 is amended to reflect
Practice Ice and Game Ice is included in the leased space rent.
8. Paragraph 10. Marketing and Branding Opportunities. Paragraph 10 is deleted in its
entirety.
9. Paragraph 11. Merchandising. Paragraph 11 is deleted in its entirety.
10. Paragraph 12. Concessions. Paragraph 12 is deleted in its entirety.
11. Paragraph 13. Additional Training Opportunities. Paragraph 13 is deleted in its entirety
and replaced with the following:
Additional training Opportunities. Parties agree that RP Rockets shall have basic access to Peak
Training Academy. Each member of the team must register with Peak Training Academy and meet
the same membership requirements as other Peak Training Academy members. Access to the
skating treadmill must be arranged directly with Mercy Health.
12. Paragraph 17. Fundraising. Paragraph 17 is deleted in its entirety.
13. Entire Agreement. This Amendment contains the entire understanding among the parties
hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements
and understandings, inducements, or conditions, express or implied, oral or written, except as herein
contained.
14. Counterparts/Electronic Signature. This Amendment may be executed in any number of
counterparts and by different parties to this Amendment on separate counterparts, each of which, when so
executed, will be deemed an original, but all such counterparts will constitute one and the same Amendment.
Any signature delivered by a party by fax or email will be deemed to be an original signature.
15. Full Execution. This Amendment requires the signature of both parties. Until fully
executed, on a single copy or in counterparts, this Amendment is of no binding or effect and if not fully
executed, this Amendment is void.
The Parties hereto have executed this Agreement on the dates set forth below.
City of Muskegon Reeths Puffer
By: By:
Name: Stephen Gawron Name: Tony Schmitt
Title: Mayor Title: Athletic Director
Date: Date:
By: By:
Name: Ann Meisch Name: Bill Zalba
Title: City Clerk Title: Varsity Coach
Date: Date:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Arena Social Distancing Investments
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval to complete the social distancing improvements at the
Mercy Health Arena at a cost not to exceed $25,000.
Detailed Summary: As part COVID-19 response at the arena, there is significant need to provide
space for players – specifically youth players – to social distance while off the city. Typically, we
have four general locker rooms available for players. Each team would use one. This allows two
teams to be on the ice together, and two more to prepare for their game(s). The cycle continues
throughout the day/season. New distancing standards at the arena will require teams to spread out
into two locker rooms. The result would be that all 4 locker rooms would be used by the two teams
on the ice, and no locker rooms would be available for the two teams playing afterward until the on-
ice teams return to their locker room, undress, vacate the room, and the arena staff cleans. We
believe this will cost the arena approximately 60 minutes of downtown for every change over. We
collect on average $285 per hour of ice rental. The down time would cost the arena 16-20 hours of
ice rental each week. Over the course of a 30-week season, this could cost us as much as $170,000.
Staff is recommending that we spend some money expanding the rubber matting down the vacant
tunnel into the former storage area. The large storage area can accommodate two full teams at one
time. We have put together a simple budget for rubber mats at $4,500 for supplies and $500 for
installation. Also paint at $1,500 and erection of a dividing all at $2,500. There will also be a small
amount of asbestos removal estimated at $3,000, and we anticipate need for some benches or
chairs at $3,500 total. We will also have expenses for a storage container at $7,000. We will
undertake the project mostly internally, and only use outside contractors as needed. We are asking
for $22,500 plus $2,500 for contingencies.
Amount Requested: $25,000 Amount Budgeted: $0
Fund(s) or Account(s): Arena Fund Fund(s) or Account(s): N/A
Recommended Motion: Authorize the city manager to expend up to $25,000 to meet social
distancing needs at the arena, with the funds to be drawn from GL Number 254-93015-5300.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: City Hall Lighting
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking approval to complete the lighting upgrade at city hall.
Detailed Summary: As part of the recent second floor renovation efforts, all of the light fixtures in
the renovated area were upgraded to LED. The workspace is visibly different, with the new lighted
areas far-better-lit than the older areas. Staff has spoken to the electrician from the remodel, and
they have quoted the same cost per fixture to expand the project to the remaining areas of city hall.
The cost is approximately $150 per fixture. This includes the removal/disposal of old fixture and
the purchase/installation of the new fixtures, as well as miscellaneous costs (permitting, egress
lighting, etc.). The new lights will utilize 40 watts per fixture vs the current 96 watts per fixture.
Staff has estimated the ROI at 66 months. We are requesting enough funding to complete the
remaining fixtures on the second floor, plus 5% contingency. 66 fixtures x $150 = $9,900 plus 5%
contingency = $10,395. We are seeking to move forward with this contractor as they were already
the low bidder on the remodel project and expect that they would continue to be the low bidder on
the change order.
Amount Requested: $10,395 Amount Budgeted: $0
Fund(s) or Account(s): General Fund Fund(s) or Account(s): N/A
Recommended Motion: Authorize the city manager to expend up to $10,395 with Newton Electric
to replace existing light fixtures on the second floor of city hall, with the funds to be drawn from
General Fund GL Number 101-60265-5300.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Muskegon Historic District Commission
Certified Local Government Application
Submitted By: Jamie Pesch Department: Planning
Brief Summary: Staff is requesting to apply for participation in the Michigan State Historic
Preservation Office’s (SHPO) Certified Local Government (CLG) program
Detailed Summary: The CLG program is a preservation partnership between the City of Muskegon,
SHPO, and the National Park Service focused on promoting historic preservation at the local level.
Once certified as a CLG, the City will gain special access to technical assistance and historic
rehabilitation grant opportunities. There is no application fee or membership dues for the program
and the City is already meeting most of the program’s requirements. The Historic District
Commission recommended approval of the request at their September 1, 2020 meeting.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To apply for the Michigan State Historic Preservation Office’s Certified
Local Government program and for the Mayor to sign the application cover letter.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CENTRAL BUSINESS HISTORIC DISTRICT, MANISTEE
SECTION 1
THE CERTIFIED LOCAL GOVERNMENT PROGRAM
In 1966, Congress passed the National Historic Preservation Act (NHPA) (54 U.S.C. § 300101
et. seq.), which recognized the importance of community identity and its relationship to our built
and cultural environment. Among other things, the act codified federal preservation policy and
provided a platform for supporting preservation at the federal and state levels. This included the
establishment of State Historic Preservation Offices (SHPOs) to guide each state’s preservation
activities in coordination with the U.S. Department of the Interior, National Park Service (NPS).
In recognition of the value of preservation and community engagement at the local level, the
NHPA was amended in 1980 to include a new federal-state-local partnership, the Certified Local
Government (CLG) program. Through this program, local units of government are empowered
to shape the future of the historic fabric of their communities and provided an incentive to build
strong preservation programs in partnership with NPS and SHPOs, which provide technical
assistance and funding support for local efforts.
Nationally, more than 2,000 municipalities have chosen to participate in the CLG program,
linking communities across the country in a common goal of promoting historic preservation as an
integral component of local planning. A list of Michigan’s CLGs is available at the SHPO website.
Certified Local Government Handbook | 1
WHAT IS A CERTIFIED LOCAL GOVERNMENT?
Broadly speaking, a CLG is a local unit of government (county, township, city, or village) that makes a
commitment to historic preservation at the local level. CLGs formally demonstrate this commitment by engaging
in a partnership with SHPO to carry out preservation activities and plan for important historic resources as viable
community assets.
Participation in the CLG program signals that a community is preservation-ready, supporting a vision for its
future that respects the tangible link between the community’s built and cultural environment and its sense of
place. At a basic level, CLGs seek to support this vision by:
Integrating preservation into local planning and decision-making processes;
Identifying, protecting, and telling the story of historic resources and heritage sites in the community;
Planning for and leveraging historic resources as valuable community goods;
Identifying and facilitating opportunities for reinvestment in historic resources; and
Partnering with state and federal programs to support local efforts.
A community that wants to become a CLG follows a certification process through which it works with SHPO to
outline a plan that will allow it to achieve its preservation goals (see Section 4). Once certified as a CLG, a
community gains special access to technical assistance, funding opportunities, and other benefits.
Communities across Michigan routinely and purposefully choose to engage
preservation activities because of their role in supporting community character,
sense of place, economic vitality, and quality of life. From Calumet to Detroit, many
of these communities have taken the next step and joined the CLG program, thus
making a formal commitment to preservation by engaging in a partnership with
SHPO to plan for effective preservation strategies.
22||Certified
CertifiedLocal
LocalGovernment
GovernmentHandbook
Handbook
STATE STREET, ANN ARBOR
MCCAMLEY STREET BRIDGE, BATTLE CREEK
THE BENEFITS OF BECOMING A CLG
CLG status is a point of pride. It ensures the community’s participation in
the national historic preservation program and demonstrates that the From time to time, additional
community is committed to preservation as part of its planning and incentives such as new SHPO
development activities. The CLG program also provides a platform for programs and funding
strong local preservation programs and provides participating opportunities are announced for
communities with access to exclusive benefits and tools. CLGs. To learn more about
current benefits, visit the
STRONG LOCAL PRESERVATION PROGRAMS Michigan SHPO website at
michigan.gov/shpo.
The CLG program provides a proven structure for communities to
effectively coordinate preservation interests at the local level…
to find the convergence points between preservation and other
community planning activities.
Rooted in best practice approaches, the CLG program gives
credibility to local preservation activities, their relationship to broader
planning processes, and their role in sustaining vibrant, culturally rich
communities. The program also promotes preservation activities
consistent with national and state legislation and standards, which
encourage responsible decision-making for the treatment of
important historic resources in the community. In Michigan, this
includes local designation activities and historic district commission
(HDC) practices founded in the legal authority of Michigan’s Local
Historic Districts Act (Public Act 169 of 1970, as amended [PA
169]), and the principles established in the “Secretary of the
Interior’s Standards for Rehabilitation.”
The CLG program also recognizes the role of local stakeholders in the
success of preservation activities. Participation in the CLG program signals
that a community is committed to empowering local stakeholders who wish
to protect, celebrate, and invest in historic resources and working with
them to proactively engage opportunities to sustain the places that
contribute to the community’s sense of place and cultural identity.
Certified Local Government Handbook | 3
PRIORITY SUPPORT AND PROGRAMMING FROM SHPO
The CLG program provides a framework for a strong partnership with the Michigan
SHPO, which provides technical assistance and funding support for preservation
activities in CLG communities across the state.
While SHPO assists all communities, CLGs receive dedicated and prioritized assistance from
SHPO’s CLG Coordinator, who works closely with CLGs as they plan for, build, and engage
local preservation programs. In addition to providing ongoing technical support, SHPO’s CLG
Coordinator regularly visits communities to have on-the-ground discussions about local
preservation strategies; provides feedback on particular issues a community may be facing;
and develops special initiatives to help communities move their preservation programs
forward (see next page for an example).
The CLG Coordinator also works with other SHPO staff to coordinate activities that can help
CLGs meet their preservation goals. Such assistance includes but is not limited to:
Survey Planning: Identifying and documenting places that are important
to the history of the community are the foundation for many preservation
activities; however, the process of planning a survey to identify such sites
can often seem intimidating. SHPO’s Survey Coordinator works closely
with CLGs on best practice approaches to surveys, with the goal of
identifying strategies that are both achievable and meaningful. CLGs may
request a visit from the Survey Coordinator to discuss project goals,
areas of interest, and potential approaches to survey in consideration of
the community’s capacity and resources.
Building Consultations: Communities sometimes struggle with
underutilized downtown buildings, vacant industrial complexes, and other
such “problem” properties. CLGs may request an on-site meeting with
one of SHPO’s historical architects to get feedback on such a property
with the goal of moving discussion forward with local stakeholders. The
architect will complete a quick assessment of the property and discuss
conditions, ideas for redevelopment, and potential problems. They will
also provide a brief post-site visit report and give advice about applying
for a CLG grant for a feasibility study or other investigation.
Archaeological Advice: Communities may hear rumors of a potential
archaeological site or be concerned about a potential threat facing a
known site and be unsure of how best to proceed. CLGs may request a
visit from a SHPO archaeologist to discuss how to determine validity and
the steps needed to locally designate a site to protect it. SHPO
archaeologists can also provide advice on public interpretation of
prehistory and archaeological heritage through exhibits, signage, and
events. They can also help find tribal partners and other experts to get
projects done appropriately.
4 | Certified Local Government Handbook
TECHNICAL ASSISTANCE HIGHLIGHT: COMMUNITY PARTNERSHIP PROJECTS
Communities often have several EAST MICHIGAN AVENUE HISTORIC DISTRICT, SALINE
preservation planning projects that they
would like to complete but lack the
resources and/or capacity to carry out such
projects on their own. This includes access
to professional preservation assistance. In
recognition of this gap and the value of on-
the-ground programs that enable
communities to meet their preservation
goals, SHPO has developed the
Community Partnership Program.
Available only to Michigan’s CLGs and
distinct from grant funding opportunities, the
program allows a community to leverage the
knowledge and experience of SHPO to
complete a local project. Through a yearly
selection process, CLGs can apply to have a
project in one of three areas—identification
(survey), designation (National Register of
Historic Places [NRHP]), or protection
(design guidelines)—completed directly by
SHPO staff in partnership with the local
community.
Through the program, SHPO staff administers and actively completes the project on behalf of the
CLG, conducting historic resource survey, preparing National Register documentation, or developing
design guidelines. CLGs commit to meeting minimum participation requirements, through which the
CLG gets first-hand experience in best practice approaches and engages in HDC training and
community discussions. At the end of the process, the CLG gets a tangible product from SHPO (i.e.,
survey report, National Register nomination, or design guidelines) and is better equipped to engage
preservation activities at the local level, carry out future projects on its own, and/or facilitate
consultant-driven projects.
As a technical assistance and educational initiative, the program’s purpose is to build the capacity of
CLGs in a meaningful way and provide them with tools to make informed decisions about their historic
resources, supporting the goal of the CLG program to develop, support, and enrich local preservation
programs.
Certified Local Government Handbook | 5
GRAND TRUNK WESTERN RAILROAD, MOUNT CLEMENS STATION
HISTORIC PRESERVATION FUND GRANTS
NPS and SHPO support local activities, including preservation Since the start of Michigan’s CLG
planning, education, and rehabilitation projects, through program, SHPO has provided more
annual grant funding exclusive to CLGs. than 150 Historic Preservation Fund
grants totaling more than $3 million
One of the greatest benefits of becoming a CLG is that to CLGs across the state for
participating communities in good standing are eligible to apply for preservation planning, education,
grant funding set aside exclusively for CLGs. Every year, SHPO and rehabilitation projects.
provides at least 10% of its annual funding received from the
National Park Service’s Historic Preservation Fund (HPF) directly
to CLGs through grants for local preservation projects. Since these
are pass-through grants, non-profits (e.g., historical societies,
heritage sites, etc.) in a CLG community can also apply for the
grants in partnership with the local government.
Grant funds have been used across Michigan to jumpstart or
supplement local preservation activities and often serve as a
catalyst for additional investment. HPF grants are provided for two
categories of projects:
Preservation planning, documentation, and education FORD PIQUETTE AVENUE PLANT, DETROIT
projects, including but not limited to historic resource surveys,
National Register of Historic Places nominations, preservation
plans, design guidelines, educational workshops, heritage
tourism materials, and training; and
Rehabilitation projects, including but not limited to the
development of plans and specifications, condition
assessments, and planning studies; and actual rehabilitation
(i.e., physical site-specific work) of historic properties.
Additional information on CLG grant funding and eligible project
activities is provided in Section 6 and on the Michigan SHPO
website at michigan.gov/CLGgrants.
6 | Certified Local Government Handbook
NAPC CAMP TRAINING, KALAMAZOO
TRAINING AND EDUCATION
CLGs have special access to educational and technical materials as well as a variety of training
and outreach opportunities.
When a local government joins the CLG program, SHPO’s CLG Coordinator provides the community
with an in-person orientation to local preservation as well as a “toolkit” of technical guidance and
materials to help guide ongoing preservation activities.
Established CLGs have access to a host of training materials and can participate in workshops, regional
roundtables, webinars, and other community outreach initiatives designed for CLG staff, elected
officials, and HDC members. CLGs can also request one-on-one discussions with SHPO’s CLG
Coordinator to discuss local preservation strategies, to request feedback on particular issues the
community may be facing, or to provide the HDC and its staff with training on issues related to design
review and administration of local historic districts.
In addition, SHPO may elect to set aside a portion of its HPF funds to offer scholarships for CLG staff
and commissioners to attend workshops and conferences presented by the National Alliance of
Preservation Commissions (NAPC) or Michigan Historic Preservation Network (MHPN) or to
collaborate with a CLG to host a workshop on a particular topic.
Certified Local Government Handbook | 7
PARTICIPATION IN THE NATIONAL REGISTER PROGRAM
Like all communities, CLGs can nominate properties to the National Register of Historic Places, which is the
nation’s official list of buildings, structures, sites, objects, and districts deemed worthy of preservation for their
historical, cultural, or architectural significance. Listing of a property in the National Register provides an
opportunity for the community to tell the story of its historic places and allows for certain project activities to be
considered for incentives like grants and federal tax credits, which foster investment in our communities.
CLGs also play a special role in the National Register process. Like the CLG program, the National Register is a
program of the National Park Service but administered at the state level by SHPO. When a property within a
CLG’s jurisdiction is nominated to the National Register, SHPO provides the CLG with the opportunity to review
and comment on the eligibility of the property prior to SHPO making a recommendation for listing to the State
Historic Preservation Review Board and National Park Service. Additional information on a CLG’s role in the
National Register process is provided in Section 3.
ADDITIONAL BENEFITS
CLGs also have access to a variety of other benefits:
• Other Grant Funding: In addition to the CLG subgrant program, CLGs may receive special consideration
for other funding programs in which SHPO participates. For example, certain funds may be set aside
specifically for CLGs or CLGs may receive additional points as part of the scoring criteria for a funding
opportunity. Notice of such opportunities will be distributed to CLGs by SHPO’s CLG program coordinator
as they become available.
• NPS Funding Opportunities: The National Park Service offers a variety of grant programs, some of which
are limited to governmental partners, including Certified Local Governments. For information on the
availability of NPS grants, visit nps.gov/preservation-grants.
• Section 106 Consulting Party: Under Section 106 of the National Historic Preservation Act, federal
agencies are required to consider the effects of their projects on historic properties. As part of this process,
agencies must consult with interested stakeholders, including CLGs, to gather information on historic
properties and potential project effects.
• Participation in Statewide Preservation Planning: CLGs are encouraged to participate in SHPO’s
preservation planning activities, including development of SHPO’s statewide historic preservation plan,
which is intended to encourage appreciation of the state’s cultural resources; address the challenges facing
preservation in Michigan; and, based on stakeholder feedback, establish priorities for preservation actions
across the state.
• Streamlined Process for Preserve America Status: Preserve America is a federal initiative that
encourages and supports community efforts to preserve and enjoy our cultural and natural heritage.
Because CLGs have already demonstrated their commitment to historic preservation by putting in place
tools to support their activities, CLGs that want to pursue Preserve America Community designation can
take advantage of a streamlined application process. For more information on the program, visit
achp.gov/preserve-america.
8 | Certified Local Government Handbook
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 September 8, 2020
Clerk
(231)724-6705
FAX (231)724-4178
State Historic Preservation Officer
Michigan State Historic Preservation Office
Comm. & Neigh.
Services
300 North Washington Square
(231)724-6717 Lansing, MI 48913
FAX (231)726-2501
Computer Info. RE: Certified Local Government Program Application
Technology
(231)724-4126 City of Muskegon, Muskegon County
FAX (231)722-4301
Engineering On behalf of the City of Muskegon, I am pleased to submit an application for participation in
(231)724-6707
FAX (231)727-6904 the Certified Local Government (CLG) program as provided for under the National Historic
Preservation Act, as amended.
Finance
(231)724-6713
FAX (231)726-2325 The City of Muskegon has satisfied the minimum requirements for certification as detailed in
Fire Department the State Historic Preservation Office (SHPO) document “Certified Local Government
(231)724-6795
FAX (231)724-6985
Program: Program Requirements and Certification Handbook.” I understand that upon
completion of the certification process I will sign a Certification Agreement indicating the
Human Resources
Co. (Civil Service) community’s willingness to continue to meet the minimum standards for participation.
(231)724-6442
FAX (231)724-6840
Enclosed with this letter are the application for certification and required supporting
Income Tax
(231)724-6770
documents for your consideration. Please direct all questions and correspondence regarding
FAX (231)724-6768 this application to our designated point of contact for the CLG program:
Mayor’s Office
(231)724-6701 Jamie Pesch
FAX (231)722-1214
933 Terrace Street, Room 202
Planning/Zoning 231-724-4405
(231)724-6702
FAX (231)724-6790 jamie.pesch@shorelinecity.com
Police Department
(231)724-6750 Sincerely,
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
SafeBuilt
Stephen J. Gawron
(Inspections) Mayor, City of Muskegon
(231)724-6715
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Edgewater Street Engineering Study
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to hire Ramboll to complete an engineering study related to
Edgewater Street. The study would be used to determine the best options moving forward as it
relates to addressing the persistent flooding that has plagued that area as a result of the high
water levels within the Great Lakes.
Detailed Summary:
Staff solicited proposals from three firms to complete the work. Two responded with proposals and
after review of the proposals staff is recommending the Ramboll proposal based on their previous
work on shoreline restoration projects in the area and familiarity with the specific needs of this site.
The Engineering study was not included in the proposed 20-21 budget and will need to be added via
a future reforecast to the Local Streets Fund (203). Michigan Transportation Fund (MTF) revenue
projections have increased since the original drafting of the 20-21 budget and this expense is
expected to be offset by increased revenue.
Amount Requested: Not To Exceed $15,300 Amount Budgeted: $0
Fund(s) or Account(s): 203 Fund(s) or Account(s): 203
Recommended Motion:
Authorize staff to hire Ramboll to complete an engineering study related to the persistent flooding
on Edgewater Street.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Jefferson & Strong Change Order #001
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to approve Change Order #001 to the sewer project work on
Jefferson and Strong Streets.
Detailed Summary:
Staff requested pricing from the Contractor to complete additional work on the project. The additional
work included milling and resurfacing an additional block of 3rd Street between Merrill and Mason.
The resurfacing of this additional block allowed for a continuous new pavement surface on 3rd/Strong
from Muskegon Avenue to Peck. Without this addition one block of 3rd Street would have remained
with old pavement upon completion of the project. The original project budgets carried a 6%
contingency. This addition will utilize $49,192.20 of the original contingency ($71,908.31). The
project is nearing completion with only minor changes anticipated that are not anticipated to exceed
the remaining budgeted contingency. As such there will be no adjustment required in the
reforecasting related to this change order.
Staff and the Project Engineer (Prein & Newhof) have reviewed the change order and are supportive.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): 590/591-91856 Fund(s) or Account(s): 590/591-91856
Recommended Motion:
Authorize staff to approve Change Order #001 to the Jefferson-Strong Sewer Project with
Jackson-Merkey Contractors in the amount of $49,192.20.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Change Order
CHANGE ORDER NO.: 1
Owner: City of Muskegon Owner’s Project No.: 91856
Engineer: Prein&Newhof Engineer’s Project No.: 2180552
Contractor: Jackson Merkey Contractors Contractor’s Project No.:
Project: Wastewater System Improvements
Contract Name: Contract 3: Jefferson / Strong Sanitary Sewer Replacement
Date Issued: 9/8/2020 Effective Date of Change Order: 9/8/2020
The Contract is modified as follows upon execution of this Change Order:
Description:
Modify the sanitary sewer manhole #10 from a drop manhole to a standard manhole in accordance with Bulletin 1.
Resurface Third Avenue in accordance with Bulletin 2. Construct a water main drop and relocation of an exisiting fire hydrant
at Sta. 50+40 to provide the necessary clearances to install the proposed storm sewer in accordance with Bulletin 3.
Attachments:
Bulletins 1, 2 and 3. Jackson Merkey pricing.
Change in Contract Price Change in Contract Times
Original Contract Price: Original Contract Times:
Substantial Completion:
$ 1,198,471.75 Ready for final payment:
[Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved
Orders No. 1 to No. [Number of previous Change Order]: Change Orders No.1 to No. [Number of previous
Change Order]:
Substantial Completion:
$ Ready for final payment:
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ 1,198,471.75 Ready for final payment:
[Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order:
Substantial Completion:
$ 49,192.20 Ready for final payment:
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ 1,247,663.95 Ready for final payment:
Recommended by Engineer (if required) Accepted by Contractor
By: By:
Title: Project Engineer Title:Operations Lead
Date: Date: 8/26/2020
Authorized by Owner Approved by Funding Agency (if applicable)
By: By:
Title: Director of Public Works Title:
Date: Date:
Page 1 of 1
S:\2018\2180552 City of Muskegon\PEC\Contract 03 Jefferson Strong\Change Order 1\change order 1 2020-08-20.xlsx
Change Order
For (project): Change No.
Wastewater System Improvements 1
From (Contractor): Date:
Jackson Merkey Contractors 9/8/2020
ITEM VALUE CHANGE
Item Total Decrease in Contract Increase in Contract
No. Description of Change Quantity Change Unit Unit Price Value Price Price
1 Sanitary Drop Manhole, 48 inch Dia - Bulletin 1 -1 ea $6,520.00 -$6,520.00 6,520.00
2 Sanitary Manhole, 48 inch Dia - Bulletin 1 1 lsum $3,600.00 $3,600.00 3,600.00
3 Sanitary Sewer, Bulkhead, 20 Inch - Bulletin 1 1 ea $900.00 $900.00 900.00
4 Sanitary Sewer, Cap, 8 Inch - Bulletin 1 1 ea $425.00 $425.00 425.00
5 Sanitary Sewer, Cap, 10 Inch - Bulletin 1 1 ea $520.00 $520.00 520.00
6 Traffic Control - Bulletin 2 1 Lsum $700.00 $700.00 700.00
7 Cold Milling - Bulletin 2 1820 Syd $5.36 $9,755.20 9,755.20
8 HMA, 13A - Bulletin 2 220 Ton $105.00 $23,100.00 23,100.00
9 Valve Box, Adjust - Bulletin 2 2 Ea $430.00 $860.00 860.00
10 Pavt Mrkg, Polyurea, Sharrow - Bulletin 2 6 Ea $194.25 $1,165.50 1,165.50
11 Pavt Mrkg, Polyurea, 6 inch, Crosswalk, White - Bulletin 2 50 Ft $3.00 $150.00 150.00
12 Pavt Mrkg, Polyurea, 18 inch, Stop Bar, White - Bulletin 2 12 Ft $10.00 $120.00 120.00
13 Pavt Mrkg, Polyurea, 4 inch, Yellow - Bulletin 2 890 Ft $2.75 $2,447.50 2,447.50
14 Dr Structure Cover, Type B - Bulletin 2 3 Ea $365.00 $1,095.00 1,095.00
15 Dr Structure Cover Adj, Case 1 - Bulletin 2 3 Ea $675.00 $2,025.00 2,025.00
16 Water main drop and hydrant relocation, Strong Street - Bulletin 3 1 lsum $8,849.00 $8,849.00 8,849.00
Change Totals $6,520.00 $55,712.20
Net Change In Contract Price $49,192.20
Page 1 of 2
S:\2018\2180552 City of Muskegon\PEC\Contract 03 Jefferson Strong\Change Order 1\change order 1 2020-08-20.xlsx
Bulletin No. 1
Date: February 25, 2020
To: Jackson-Merkey Contractors
From: Prein&Newhof
Wastewater System Improvements – Jefferson/Strong Sanitary Sewer Replacement
Project Title:
SRF #5670-01; DWRF #7449-01
Project #: 2180552
Background:
The owner desires to change the configuration of the proposed sanitary manhole at the intersection of
Strong Avenue and Peck Street. By removing a drop structure and installing sanitary sewer stubs to
the north and south, the manhole configuration will be improved for planned sewer connections in
the future and reduces the need for future manhole corings.
General Scope:
Install the sanitary manhole #10 on Strong Avenue (STA 56+52) in accordance with the attached plans.
Sanitary manhole #10 shall be revised from a drop manhole to a standard manhole. In addition, a north
and south invert shall be added as shown in the revised drawing. The additional north and south inverts
shall be capped immediately at the manhole.
Please review the proposed change to sanitary manhole #10. Please provide costs for the proposed 8-
inch and 10-inch caps per the requirements of the contract documents. Do not hesitate to call if we can be
of assistance.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
C: Dave Baker, City of Muskegon
Leo Evans, City of Muskegon
WATER SERVICE INFORMATION
WATER SERIVCE, CURB STOP AND BOX, 1" (EA)
WATER SERVICE, CORPORATION STOP, 1" (EA)
WATER SERVICE, METER PIT (EA)
PRIVATE SIDE REPLACEMENT
WATER SERVICE, 1" (FT)
FULL REPLACEMENT
STATION HOUSE NUMBER
51+30 LT 86 STRONG X 12
51+70 LT 78 STRONG X 120 1
51+90 RT 1292 JEFFERSON X 15
53+90 RT 1280 SANFORD X 43 1 1
54+50 LT 34 STRONG X 11
54+80 RT 29 STRONG X 13
55+40 RT 23 STRONG X 12
SHEET TOTALS 1 6 226 1 1 1
R
Know what's below.
Callbefore you dig.
March 19, 2020
Mr. Matt Hulst, P.E.
Prein&Newhof
4910 Stariha Drive
Muskegon, MI 49441
Via Email @ mhulst@preinnewhof.com
RE: City of Muskegon
Jefferson/Strong Sanitary Sewer Replacement
Bulletin No. 1
Dear Mr. Hulst,
As requested per Bulletin No. 1 dated February 25, 2020, please review Jackson-Merkey Contractors
price for additional items listed below.
Sanitary Sewer, Bulkhead, 20 Inch 1 Ea $900
Sanitary Sewer, Cap, 8 Inch 1 Ea $425
Sanitary Sewer, Cap, 10 Inch 1 Ea $520
Contact me with any questions or concerns.
Sincerely,
Brian DeLong
C: Tyler DeNooyer – P&N
Gary Merkey - JMC
Bulletin No. 2
Date: July 8, 2020
To: Jackson-Merkey Contractors
From: Prein&Newhof
Wastewater System Improvements – Jefferson/Strong Sanitary Sewer Replacement
Project Title:
SRF #5670-01; DWRF #7449-01
Project #: 2180552
Background:
The owner desires to resurface 490 feet of Third Street from the construction limit to Merrill Ave.
General Scope:
Mill 2 inches off the existing surface, adjust castings and valve boxes and repave at 220 lbs/syd of 13A.
Road is 30 feet wide totaling 1,820 syds. of resurfacing. Limits at 1 st Street is up to the cross walk, limits
at Mason are to the spring point on Mason. Pavement markings will consist of double yellow centerline
and sharrows placed along both lanes.
Work shall be done under the Stage 2 MOT plan with the following modifications, Type III barricades
shall be placed across Mason at 3rd Street signed Road Closed to Through Traffic, Type III barricades
shall be placed across 3rd Street at Merrill signed Road Closed to Through Traffic, the detour directional
signs to be placed at Mason and 3rd Street shall be shifted to the south of 4th Street on Mason Street.
Please review the proposed change to project scope. We would like to use bid prices for the HMA,
adjustments, and pavement markings if Jackson Merkey is in agreement with that. Please provide costs
for milling, additional traffic control, and additional pavement markings required. Do not hesitate to call
if we can be of assistance. I have attached an itemized sheet showing the proposed quantities.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
C: Dave Baker, City of Muskegon
Leo Evans, City of Muskegon
Matthew R. Hulst
From: Patrick Jackson
Sent: Tuesday, August 18, 2020 4:28 PM
To: Matthew R. Hulst
Cc: Gene Couture; Leo Evans; Steve Jackson; Gary Merkey
Subject: RE: City of Muskegon Jefferson/Strong
Hi All:
Please see below for our pricing for Bulletin 2. I included the full table below so you could quickly see the total
cost. Cells highlighted in cream represent new bid items (pricing for remaining items were extensions from our initial
bid). If this Bulletin is approved, we would aim to mill next week and sequence the top course with the rest of the job.
Please let me know if you have any questions.
Thank you,
Patrick
Patrick Jackson
Jackson-Merkey Contractors, Inc.
3430 Lund Avenue
Muskegon, MI 49442
(C) (231) 670-2740
www.jackson-merkey.com
From: Matthew R. Hulst
Sent: Wednesday, July 8, 2020 10:56 AM
To: Gary Merkey ; Patrick Jackson
1
Cc: Gene Couture ; Leo Evans
Subject: City of Muskegon Jefferson/Strong
Gary,
The City would like to look into resurfacing 3rd Street from Merrill to the project limit at Jefferson. Please see Bulletin 2
regarding this request. If you have any questions please give my cell a call 616-914-0557.
Thank you,
Matthew Hulst, P.E.
Prein&Newhof
t. 231-798-0101 x.1211
f. 231-798-0337
Website | Blog | LinkedIn
2
Bulletin No. 3
Date: August 3, 2020
To: Jackson-Merkey Contractors
From: Prein&Newhof
Wastewater System Improvements – Jefferson/Strong Sanitary Sewer Replacement
Project Title:
SRF #5670-01; DWRF #7449-01
Project #: 2180552
Background:
Due to existing utilities, alterations to the proposed storm sewer is required as well as a portion of the
water main on Strong must be lowered.
General Scope:
Storm sewer at Strong and Merrill shall be revised per the enclosed drawing. This work will be
completed with unit pricing and materials onsite.
The 8-inch water main on Strong Street at the proposed crossing of the storm sewer at Sta 50+40 must be
lowered by two feet to provide clearance between the water main and storm sewer. Furthermore, the
hydrant at Sta 50+39 and its hydrant lead requires removal. A new hydrant, hydrant valve, and hydrant
lead must be installed and connected to the 8-inch water main just east of the proposed water main drop.
The existing tee on the 16-inch water main shall be capped east of the existing valve.
Please review the proposed change to project scope. Storm sewer work will be covered under unit
prices. Please provide pricing to drop the 8-inch water main and all associated fittings and to remove and
abandon the existing hydrant and hydrant lead. The City of Muskegon has a hydrant and hyrdrant valve
available for use. Pricing shall be based on using the City of Muskegon provided hydrant and hydrant
valve. Do not hesitate to call if we can be of assistance.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
C: Dave Baker, City of Muskegon
Leo Evans, City of Muskegon
REMOVE HYDRANT AND
HYDRANT LEAD. CAP EAST OF
EXISTING HYDRANT VALVE AT
MAIN. RESTRAIN CAP TO MAIN
OR PROVIDE THRUST BLOCK
LOWER WATER MAIN AT CROSSING WITH STORM
SEWER TO PROVIDE 18 INCHES OF SEPARATION.
INSTALL 8X8X6 TEE EAST OF DROP AND INSTALL NEW
HYDRANT AND HYDRANT VALVE
PROP. 12"
PROP. 12"
26
DR STRUCTURE, 48" DIA 1 EA
DR STRUCTURE COVER, TYPE B 1 EA
SEWER, CL E, 12", TR DET B 94 FT
NOTE USE STRUCTURE J2
DR STRUCTURE TAP, 12" 1 EA
(12' RT)
(REMOVE)
R
Know what's below.
Callbefore you dig.
Matthew R. Hulst
From: Matthew R. Hulst
Sent: Tuesday, August 4, 2020 1:46 PM
To: Patrick Jackson
Cc: Gary Merkey; Scott Hodges; Gene Couture; Tyler DeNooyer
Subject: RE: City of Muskegon Jefferson Strong
Patrick,
Please provide a more detailed breakout with hours and equipment. This seems high and I would like to understand
why.
Thank you,
Matt
On Aug 4, 2020 11:26 AM, Patrick Jackson wrote:
Good Morning Matt:
Thank you for sending over Bulletin 3 and working with us on resolving this challenge. Please see below for our pricing
for the work efforts and materials required for Bulletin 3. This estimate is based on the City providing the hydrant,
valve, and valve box. We will also be including an EOT request connected to this work and some of the associated
delays; however, we will send that over later.
Please let us know if you have any questions.
Thank you,
Patrick
Patrick Jackson
Jackson-Merkey Contractors, Inc.
3430 Lund Avenue
Muskegon, MI 49442
(C) (231) 670-2740
www.jackson-merkey.com
1
From: Matthew R. Hulst
Sent: Monday, August 3, 2020 10:50 PM
To: Gary Merkey ; Patrick Jackson
Cc: Scott Hodges ; Gene Couture ; Tyler DeNooyer
; Dave Baker ; Joel Brookens
Subject: City of Muskegon Jefferson Strong
Gary and Patrick,
Please see attached Bulletin 3. This is regarding some storm sewer revisions to get through the existing water main at
Strong Street and lowering of the water main on Strong for installation of storm sewer. Please provide pricing for the
water main work. This needs to get completed so that the storm can be finished. The City does have a hydrant and
valve available. If other fittings are needed due to timing please contact Dave Baker and Wyatt to see what they have
available.
The storm sewer changes do not require pricing, the structure is already onsite because it was not used at a different
location. Please proceed with the storm sewer revisions. Gene onsite will provide location and inverts. Please let me
know if you have any other questions regarding this work.
Thank you,
Matthew Hulst, P.E.
Prein&Newhof
t. 231-798-0101 x.1211
f. 231-798-0337
Website | Blog | LinkedIn
2
August 27, 2020
2180552
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: Jefferson/Strong Sanitary Sewer Replacement
Change Order 1
Dear Mr. Evans:
Enclosed with this letter is Change Order 1 for the Jefferson/Strong Sanitary Sewer Replacement
project. Change Order 1 includes revisions from Bulletin 1, 2, and 3. Bulletin 1 is a deduct due to a
revision of the sanitary sewer at Sanford Street to better align with the upcoming Sanford
Reconstruction project. Bulletin 2 is to resurface a portion of Third Street outside the project limits
at the City’s request. Bulletin 3 is related to modifications required of the water main at Strong
Avenue to allow installation of storm sewer improvements.
Please review the enclosed Change Order 1 and if approved please sign and return to Jackson
Merkey Contracting and Prein&Newhof. If you have any questions please do not hesitate to ask.
Sincerely,
Prein&Newhof
Matthew R. Hulst, P.E.
Enclosures: Change Order 1
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: DPW Laborer Position
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to create three new full-time positions within the Department of Public
Works under the Laborer classification and to begin the process to fill those positions.
Detailed Summary:
DPW has consistently experienced difficulty in filling the current full time skilled positions as they
contain barriers to employment that do not offer a path for an entry level applicant to hire in and learn
the field. Most all of our positions require a CDL, or state license upon hiring that can limit our pool
of available applicants and disqualify an otherwise good candidate from being eligible.
To try and address that issue staff has recently updated the Laborer position description which
eliminates many of the more difficult prerequisites to be considered eligible for employment.
Applicants will have the opportunity to learn the DPW field, receive training, and become
credentialed while employed and eventually become eligible candidates for our harder to fill
vacancies as they become available. Laborers would be full time limited term employees working
within our current SEIU Unit 2 Contract. The position and pay scale already exists within the union
contract though it has not been utilized for some time.
Staff is proposing to hire three (3) Laborers for DPW. Two (2) would have their home account within
the water fund (590) and one would have their home account within the Major Streets Fund (202).
The new positions would be largely funded through the recently added Lead Service Line fee that
was approved for water bills. The fee anticipates revenue of approximately $750K per year to be
used towards replacement of lead service lines within the city, with the goal to replace 200-300 per
year. By adding the additional staff we anticipate being able to complete a larger number of lead
service line replacements with in house staff as opposed to contracting for the work, while also
creating a succession plan for our skilled positions at DPW.
Amount Requested: Amount Budgeted: $0
Approximately $110,000 (20-21) To be added at future reforecast and will be
$17.67/Hour x 2,080 Hours x 1.35 (Markup) x offset by reduction in 591 Capital line item for
3 EA x 0.75 (Partial Year) = $111,639.06 “Water Service Replacement Unassigned”
(Will be ~$150,000 in a full FY)
Fund(s) or Account(s): 591-60559 & 202- Fund(s) or Account(s): 591-60559 & 202-
60440 60440
Recommended Motion:
Authorize staff to create three (3) full time limited term Laborer positions within the Department of
Public Works and begin the process of filling the positions.
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
JOB DESCRIPTION
LABORER
Supervised By: DPW Supervisors
Supervises: None
Department: Varies
Union Position: SEIU 517M – Unit 2
Position Summary:
This is a manual labor position performing unskilled and semi-skilled tasks often of a physically
demanding nature. Work may be assigned in any of the following areas; Highways, Water/Sewer, Parks,
Cemetery, Traffic, Fleet Maintenance or other union represented departments as necessity requires.
This is a limited term position with a maximum term of two (2) calendar years per employee. This
assignment may be extended beyond the maximum term with approval from the Department Head and
City Manager.
Essential Job Functions:
An employee in this position may be called upon to do any or all of the following essential functions.
These examples do not include all of the duties which the employee may be expected to perform. To
perform this job successfully, an individual must be able to perform each essential function satisfactorily.
1. Punctuality and ability to work 40+ hours per week
2. Ability to perform manual labor typically associated with public works functions. Including, but
not limited to the following:
• Sweep/shovel debris, dirt and snow • Drive trucks and tractors on a
• Load and unload trucks limited basis once approved to do
• Clean ditches and catch basins such work
• Cut and haul brush and weeds • Assist in repair of broken water and
• Trim Trees sewer lines
• Landscape planting & maintenance • Exercise water valves
• Snowplow and shovel snow • Monitor and clean lift stations
• Assist on street and sidewalk • Flush hydrants
maintenance • Assist with operations at the water
• Patch potholes filtration plant
• Shovel and rake asphalt • Assist in cemetery operations
• Form and pour concrete including grave staking, excavation,
• Set traffic barricades etc..
• Rake leaves and assist on leaf picker • Provide additional assistance on
• Mow grass using various equipment simple equipment maintenance
functions
• Repair and replace signage
• Clean vehicles, and shop areas
• Assist with special event operations
Required Knowledge, Skills, Abilities and Minimum Qualifications:
The requirements listed below are representative of the knowledge, skills, abilities and minimum
qualifications necessary to perform the essential functions of the position. Reasonable accommodations
may be made to enable individuals with disabilities to perform the job.
• Education: High school diploma or equivalent is required.
• Ability to perform manual labor for extended periods and withstand exposure to variable weather
conditions.
• Ability to read, write and understand oral instructions.
• State of Michigan Vehicle Operator’s License, a satisfactory driving record, and the ability to
maintain one throughout employment.
• Ability to regularly lift 50 pounds repeatedly for a full shift
• Ability to work in teams under limited supervision and complete tasks in an efficient and timely
manner
• Willingness to learn from skilled workers and supervisors and a continued desire for growth in
employment
• Ability to establish effective working relationships and use good judgement, initiative and
resourcefulness when dealing with coworkers, supervisors, city officials, professional contacts,
the median and the general public
• Ability to respond to emergencies on a 24-hours basis
Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those
an employee encounters while performing the essential functions of the job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to travel to various locations
within the City and work outside the office at field sites, including visiting construction sites with
treacherous terrain, requiring the employee to traverse uneven ground, climb up or crawl down to access
the site, and may involve fumes, dust, chemicals or other hazardous materials, loud machinery and
equipment, and other dangers associated with engineering projects and construction sites. An employee in
this position must have the strength, stamina and physical coordination needed to gain access to the
construction project sites described above, observe and inspect work in progress, and operate hand and
power tools. The employee is occasionally exposed to adverse weather conditions, loud noises, moving
mechanical parts, dust or airborne particles, and fumes. The noise level in the work environment is usually
quiet, and may be loud in field situations.
While performing the duties of this job, the employee is frequently required to communicate with others in
person and on the phone or on a two-way radio. The employee must regularly lift and/or move items of
moderate to heavy weight.
Laborer 2
Revised 12/27/19
Civil Service Approved 8/10/2020
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: SP 92012 Lakeshore Trail Repairs
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Authorize the award of the SP 92012 Lakeshore Trail Repairs including Alternate #001 to the low
bidder, Jackson Merkey Contracting.
Detailed Summary:
Staff solicited bids for repairs to the Lakeshore Trail bike path and shoreline restoration and protection.
The bike path was damaged due to high water events and storms in the fall of 2019, between
Lakeshore Court and Ruddiman Creek.
Bids received are as follows:
• $233,853.00 – Jackson Merkey alternate #1 $10,860.00
• $261,844.00 – Accurate Excavators alternate #1 $12,000.00
• $289,783.00 – Wadel Stabilization alternate #1 $38,000.00
• $296,006.00 – Anlaan Corporation alternate #1 $30,400.00
• $325,280.00 – Hallack Contracting alternate #1 no bid
The project would be constructed in the Fall of 2020 and Spring of 2021 as needed.
The project is still pending receipt of the necessary MDEGLE and USACE permits which are still
outstanding. Permits have been applied for and are in process. A notice to proceed will not be issued
and work cannot begin until the necessary permits are obtained.
Also recommend the acceptance of Alternate #1 in the amount of $10,860.00
Amount Requested: $244,443.00 Amount Budgeted: $250,000
Fund(s) or Account(s): 202-92012 Fund(s) or Account(s): 202-92012
Recommended Motion:
Approve the award of the SP 92012 Lakeshore Trail Repairs including Alternate #001 to the low
bidder, Jackson Merkey Contracting.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
BID TABULATION
City of Muskegon Project Engineer: JDB Date: 8/27/2020
Egineering Department Project Number: SP 92012
Project description: Lakeshore Trail Repairs
Engineers Estimate Jackson Merkey Contractors Accurate Excavators Wadel Stabilization Anlaan Corporation Hallack Contracting
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1500001 Mobilization, Max LSUM 1 $ 14,000.00 $ 14,000.00 $ 13,200.00 $ 13,200.00 $ 8,600.00 $ 8,600.00 $ 28,900.00 $ 28,900.00 $ 16,250.00 $ 16,250.00 $ 27,500.00 $ 27,500.00
2 2090001 Project Cleanup LSUM 1 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 $ 6,000.00 $ 1,500.00 $ 1,500.00 $ 7,500.00 $ 7,500.00 $ 1,250.00 $ 1,250.00
3 3010003 Subbase, LM Cyd 940 $ 18.00 $ 16,920.00 $ 19.00 $ 17,860.00 $ 15.75 $ 14,805.00 $ 30.40 $ 28,576.00 $ 25.00 $ 23,500.00 $ 22.50 $ 21,150.00
4 3020016 Aggregate Base, 6 inch Syd 1610 $ 9.00 $ 14,490.00 $ 10.80 $ 17,388.00 $ 10.75 $ 17,307.50 $ 16.00 $ 25,760.00 $ 20.00 $ 32,200.00 $ 10.00 $ 16,100.00
5 4010094 Culv End Sect, Metal, 12 inch Ea 2 $ 150.00 $ 300.00 $ 350.00 $ 700.00 $ 300.00 $ 600.00 $ 368.00 $ 736.00 $ 450.00 $ 900.00 $ 250.00 $ 500.00
6 4010607 Culv, Cl F, 12 inch Ft 30 $ 20.00 $ 600.00 $ 40.00 $ 1,200.00 $ 25.00 $ 750.00 $ 30.00 $ 900.00 $ 65.00 $ 1,950.00 $ 35.00 $ 1,050.00
7 5010005 HMA Surface, Rem Syd 1268 $ 3.50 $ 4,438.00 $ 5.50 $ 6,974.00 $ 9.00 $ 11,412.00 $ 8.00 $ 10,144.00 $ 12.00 $ 15,216.00 $ 10.00 $ 12,680.00
8 5010033 HMA, 13A Ton 111 $ 90.00 $ 9,990.00 $ 180.00 $ 19,980.00 $ 198.00 $ 21,978.00 $ 180.00 $ 19,980.00 $ 180.00 $ 19,980.00 $ 200.00 $ 22,200.00
9 5010034 HMA, 36A Ton 111 $ 90.00 $ 9,990.00 $ 190.00 $ 21,090.00 $ 209.00 $ 23,199.00 $ 190.00 $ 21,090.00 $ 190.00 $ 21,090.00 $ 200.00 $ 22,200.00
10 8060030 Shared use Path, Grading Ft 834 $ 8.50 $ 7,089.00 $ 13.00 $ 10,842.00 $ 10.00 $ 8,340.00 $ 48.00 $ 40,032.00 $ 25.00 $ 20,850.00 $ 50.00 $ 41,700.00
11 8130007 Riprap, Heavy, LM Cyd 700 $ 110.00 $ 77,000.00 $ 135.00 $ 94,500.00 $ 168.00 $ 117,600.00 $ 127.00 $ 88,900.00 $ 150.00 $ 105,000.00 $ 185.00 $ 129,500.00
12 8160027 Mulch Blanket Syd 300 $ 1.00 $ 300.00 $ 2.25 $ 675.00 $ 1.75 $ 525.00 $ 2.00 $ 600.00 $ 3.00 $ 900.00 $ 2.00 $ 600.00
13 8160062 Topsoil Surface, Furn, 4 inch Syd 870 $ 1.50 $ 1,305.00 $ 4.50 $ 3,915.00 $ 4.75 $ 4,132.50 $ 9.00 $ 7,830.00 $ 7.00 $ 6,090.00 $ 3.00 $ 2,610.00
14 8167011 Hydroseeding Syd 870 $ 1.50 $ 1,305.00 $ 1.70 $ 1,479.00 $ 1.00 $ 870.00 $ 1.00 $ 870.00 $ 1.50 $ 1,305.00 $ 2.00 $ 1,740.00
15 8167050 Large Boulder Ea 49 $ 100.00 $ 4,900.00 $ 450.00 $ 22,050.00 $ 525.00 $ 25,725.00 $ 285.00 $ 13,965.00 $ 475.00 $ 23,275.00 $ 500.00 $ 24,500.00
Total: $ 163,627.00 $ 233,853.00 $ 261,844.00 $ 289,783.00 $ 296,006.00 $ 325,280.00
ALTERNATE #1
alt 1 Ledger Repair Ea 4 $ 2,715.00 $ 10,860.00 $ 3,000.00 $ 12,000.00 $ 9,500.00 $ 38,000.00 $ 7,600.00 $ 30,400.00 $ - $ -
Page 1 of 1
NOTE:
THE IMPROVEMENTS COVERED BY THESE PLANS SHALL BE DONE IN
ACCORDANCE WITH THE MICHIGAN DEPARTMENT OF
CITY OF MUSKEGON
TRANSPORTATION 2012 STANDARD SPECIFICATIONS FOR
CONSTRUCTION, CITY OF MUSKEGON STANDARD SPECIFICATIONS AND IN COOPERATION WITH
THE 2011 MICHIGAN MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. UTILITIES
THESE IMPROVEMENTS HAVE BEEN DESIGNED IN ACCORDANCE WITH
THE 2011 AASHTO GUIDELINES. ELECTRIC
JOEL BROWN
CONSUMERS ENERGY
700 E STERNBERG ROAD
NORTON SHORES, MI 49441
(231) 332-2682
TELEPHONE
PLAN AND PROFILE OF PROPOSED DAVID B. FLERMOEN
FRONTIER COMMUNICATIONS
860 TERRACE STREET
MUSKEGON MI 49440
(231) 727-1319
MDOT STANDARD PLANS TO BE INCLUDED:
R-92-C STEEL GRATES FOR END SECTIONS
R-96-E SOIL EROSION & CONTROL MEASURES
LAKESHORE TRAIL REPAIRS AND NATURAL GAS
VINCENT DUCA
DTE ENERGY
2359 OLTHOFF DRIVE
SHORELINE RESTORATION
MUSKEGON MI 49444
* INDICATES SPECIAL DETAIL INCLUDED IN PROPOSAL/PLANS (231) 578-0488 (CELL)
CABLE
COMCAST
TBA
WATER & SEWER
DAVE BAKER
CITY OF MUSKEGON - DPW
1350 E KEATING AVENUE
MUSKEGON MI 49442
(231) 724-4100
POE STA 74+00 Railroad
Scott Knight - Roadmaster
Michigan Shore Railroad
311 E. Western Ave,
Muskegon, MI 49442
(616) 293-0564
SHEET INDEX
SHEET DESCRIPTION
1. TITLE SHEET
2. STA 52+00 TO 55+00 PLAN & CROSS SECTION
3. STA 59+00 TO 67+50 PLAN & CROSS SECTION
Project location 4. STA 72+00 TO 74+00 PLAN & CROSS SECTION
POE STA 55+00
AREA OF WORK BY OTHERS, UNDER OTHER CONTRACT AND PERMIT POB STA 52+00
Know what's below.
GENERAL NOTES:
ACCESS SITE THOUGH LOCKED GATES
Call before you dig.
1. SURVEY, STATIONING AND LAYOUT WAS DERIVED FROM PAST CONSTRUCTION PLANS DATED 2005. LOCATED HERE, CONTACT CITY FOR ACCESS
LIMITED TOPO AND ELEVATIONS WERE GATHER IN DECEMBER OF 2019 TO EVALUATE THE EXTENT
OF STORM DAMAGE. EXISTING CONDITIONS, INCLUDING ELEVATIONS, ARE SUBJECT TO CHANGE
DUE TO CIRCUMSTANCES OUTSIDE THE CONTROL OF THE CITY OF MUSKEGON. NO GUARANTEE IS
IMPLIED THAT PLANS MATCH EXISTING CONDITIONS. CONTRACTOR IS TO VERIFY EXISTING
CONDITIONS OF THE SITE, MATCH ALL EXISTING MEETS AND COORDINATE WORK ACTIVES WITH
CONSTRUCTION INCLUDES APPROXIMATELY 800 FEET OF SHORELINE
NEIGHBORING CONTRACTORS. POB STA 59+25 RESTORATION AND 1,100 FEET OF HMA BIKE PATH REMOVAL AND
2. FOR PROTECTION OF UNDERGROUND UTILITIES, THE CONTRACTOR SHALL CALL MISS DIG,
RECONSTRUCTION ON A LIMITED ACCESS SITE ALONG MUSKEGON
1-800-482-7171, A MINIMUM OF 3 WORKING DAYS EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS LAKE SHORELINE IN THE CITY OF MUSKEGON, MUSKEGON COUNTY.
PRIOR TO EXCAVATING IN THE VICINITY OF ALL UTILITY LINES. ALL MISS DIG PARTICIPATING
MEMBERS WILL THUS BE NOTIFIED, THIS DOES NOT RELIEVE THE CONTRACTOR THE
RESPONSIBILITY OF NOTIFYING OWNERS WHO MAY NOT BE PART OF THE MISS DIG ALERT SYSTEM.
3. PUBLIC UTILITIES OF ALL TYPES HAVE BEEN SHOWN ON THE PLAN USING AVAILABLE
INFORMATION, BUT ARE NOT GUARANTEED AS ACCURATE OR THAT UTILITIES OTHER THAN THOSE
SHOWN ARE NOT PRESENT.
4. THE CONTRACTOR SHALL SAW CUT ALL MEETS RELATIVE TO SIDEWALK OR PAVEMENT PREPARED UNDER THE SUPERVISION OF:
CONSTRUCTION UNLESS WAIVED BY THE ENGINEER. PAYMENT FOR SAW CUTTING SHALL BE
INCLUDED IN THE PAYMENT FOR THE PAY ITEMS PAVT, REM, MODIFIED, CURB AND GUTTER, REM,
HMA CRUSH AND SHAPE, HMA SURFACE, REM AND SIDEWALK, REM. NO ADDITIONAL PAYMENT WILL
ALLOWED FOR SAW CUTTING.
5. THE CONTRACTOR SHALL PREVENT EROSION AND CONTROL SEDIMENTATION ASSOCIATED WITH
THE PROJECT. KEEP SEDIMENTATION WITHIN THE RIGHT OF WAY (OR CONSTRUCTION LIMITS) AND
OUT OF SURFACE WATERS. CONSTRUCT AND MAINTAIN TEMPORARY EROSION AND SEDIMENTATION
CONTROLS, TO INCLUDE INLET PROTECTION, FABRIC DROPS ON ALL INLET STRUCTURES, NEW AND
EXISTING, AND INSTALL TEMPORARY EROSION, SEDIMENTATION CONTROLS AS DIRECTED BY THE
ENGINEER. THE CONTRACTOR SHALL REMOVE ON A DAILY BASIS SOIL TRACKED ONTO EXISTING
PAVED ROADS, (VACUUM METHODS ARE PREFERRED BUT BROOM SWEEPING IS ACCEPTABLE IF THE
MATERIAL IS REMOVED) THE CONTRACTOR SHALL INSPECT ALL SOIL EROSION / SEDIMENTATION LEO EVANS, P.E.
CONTROL MEASURES ON A WEEKLY BASIS OR AFTER EACH RAINFALL EVENT, CLEAN REPAIR, OR
REPLACE, AS NECESSARY, TO ENSURE PROPER FUNCTION. ALL SOIL EROSION / SEDIMENTATION
CITY ENGINEER CITY OF MUSKEGON
ENGINEERING DEPARTMENT
N
CONTROLS SHALL REMAIN UNTIL ALL DISTURBED AREAS ARE STABILIZED. ALL SOIL EROSION /
SEDIMENTATION CONTROL, EXCEPT FOR THE EROSION CONTROL, INLET PROTECTION, FABRIC DROP 1350 E KEATING AVE
AND SILT FENCE SHALL BE INCLUDED WITH THE PAY ITEM PROJECT CLEAN UP. NO OTHER 55599 MUSKEGON MI 49442
PAYMENT SHALL BE MADE. REGISTRATION NUMBER
CITY OF MUSKEGON Lakeshore Trail and
OFFICE OF THE CITY ENGINEERShoreline Restoration
0 100
200 400
Feet
1:3067.78
J BROOKENS 12/2019 REVISION J BROOKENS
5/15/19 07/2020 PROJECT NO
DRAWN JB SURVEY MC SMITH 2001
CHECKED REVISION 3/18/20 JB AS-BUILT SP 92012
APPROVED REVISION SCALE SHEET NO. 1 of 4
N2
7
E 3 94.79
371
.81
For
me 2%
r
Ter Amoc N2
PLA
. AC Muskegon Lake
min o E3
785
. 2
E. 30'-0" CLEARING LIMIT
al 444 4
.12 Water Elev: 578.14 4/12/01 19'-7"
BICYCLE PATH HMA CHAIN LINK FENCE
582.44 12/5/19
10'-0"
1'-0"
P.C
582 N2 . 3:1
1'-0"
7 PE
E 3 28.21
Slop
LO e
N2 3:1 S
506 7
585 .93 E 3 98.15
578
.40 COMPACTED BACKFILL
GEOTEXTILE STABILIZATION- EXTEND POST FILL AREA 1'-0" TYPICAL
N2
7
E 3 22.64
1'-0"
N2 539
7 .37
E 3 01.90
515 UNDISTURBED, EXISTING GRADE
.31
POB
STA 52+00
P.T P.C
N2 . N2 . Existing Cross Section STA 52+50 TO STA 55+25
7 7
E 3 04.09 E 3 13.01 Scale: 1/4"=1'-0"
612 637
.34 .06
AREA FLOODED FALL OF 2019
BITUMINOUS PATH
30'-0" CHAIN LINK FENCE
10'-0" 15'-0"
Sta 52+00 to 55+00
3'-0"
333 SYD HMA, REM
400 CYD SUBBASE, LM PE
3:1
Slop
e
LO
350 SYD AGGREGATE BASE, 6 INCH 3:1 S
1'-0"
30 TON HMA, 36A
30 TON HMA, 13A P.T
.
300 SYD MULCH BLANKET N2
689
600 SYD TOPSOIL SURFACE, FURN, 4 INCH E3 .8
818 1
COMPACTED BACKFILL
600 SYD HYDROSEEDING .09
N2
5
E 3 24.88 UNDISTURBED, EXISTING GRADE
704
.95
Sta 53+50
30 FT CULV, CL F, 12 INCH
2 EA CULV END SECT, 12 INCH
Proposed Cross Section STA 52+00 TO STA 55+00
Scale: 1/4"=1'-0"
P.C
N2 .
6
E 3 27.27
ACCESS SITE THOUGH 909
POE .26
GATES HERE N2
STA 55+00 6
E 3 80.87
946
.03
N2
6
E 3 38.97
ET X
973 SEE CH LINE
.28 SHE
MAT
N
P.T
N2 .
6
E 3 30.32
98
N 2 6.89
6
0 20
40 80
E 3 15.55
Feet 992
1:480 .22
1 12" 36A HMA WEARING COURSE
1 12" 13A HMA LEVELING COURSE
EX. RAILROAD
2'-0" TRACKS
15'-0" MIN.
10'-0" 2'-0"
TYPICAL SHOULDER
SEPARATION TO RAILROAD
TYPICAL
2% CROSS SLOPE . SLOP
E
1:6 MAX. SLOPE 1:3 MAX
FINISH GRADE
SHOULDER, CL1
CROSSINGS HMA
QUANTITIES THIS SHEET SECTION
DESCRIPTION QUANTITY UNIT
HMA SURFACE, REM 333 SYD
1 Typ Cross Section: Bicycle Path HMA
SUBBASE, LM 400 CUBIC YARD 2 Scale: NTS
AGGREGATE BASE, 6 INCH 350 SYD MIN. AWI
260
RIPRAP, HEAVY LM 0 CUBIC YARD MIXTURE TYPE 36A 165 LBS/Syd PG58-28 TOP(WEARING) COURSE
0.10 GAL/Syd BOND COAT
SHARED USE PATH, GRADING 300 FT MIXTURE TYPE 13A 165 LBS/Syd PG58-28 TOP(WEARING) COURSE 260
HMA, 36A 30 TON REDUCE AIR VOIDS TO 3% FOR EACH HMA MIXTURE
HMA, 13A 30 TON
CULV, CL F, 12 INCH 30 FT
CULV END SECT, 12 INCH 2 EA CITY OF MUSKEGON Lakeshore Trail and
MULCH BLANKET 300 SYD OFFICE OF THE CITY ENGINEERShoreline Restoration
TOPSOIL, FURN, 4 INCH 600 SYD
DRAWN J BROOKENS 12/2019 REVISION J BROOKENS 07/2020 SURVEY MC SMITH 2001 PROJECT NO
HYDROSEEDING 600 SYD CHECKED REVISION AS-BUILT SP 92012
APPROVED REVISION SCALE 1" : 40' SHEET NO. 2 of 4
Sta 62+98 to 67+45 (SECTION B)
STA 59+25 to 61+26 (SECTION A) 500 SYD HMA, REM
225 SYD HMA, REM 270 CYD SUBBASE, LM
70 CYD SUBBASE, LM 650 SYD AGGREGATE BASE, 6 INCH
320 SYD AGGREGATE BASE, 6 INCH 400 CYD RIPRAP, HEAVY
90 CYD RIPRAP, HEAVY Muskegon Lake 30 EACH
45 TON
LARGE BOULDERS
HMA, 36A
10 EACH LARGE BOULDERS
18.5 TON HMA, 36A 0 20 40 80 45 TON HMA, 13A
N
18.5 TON HMA, 13A Water Elev: 578.14 4/12/01
Feet 150 SYD TOPSOIL SURFACE, FURN, 4 INCH
60 SYD TOPSOIL SURFACE, FURN, 4 INCH
1:480
150 SYD HYDROSEEDING
60 SYD HYDROSEEDING 582.44 12/5/19
N2
6
E 3 80.87
946 AREA DAMAGED BY 2019 STORMS AREA DAMAGED BY 2019 STORMS
.03
AREA OF PROPOSED RIPRAP N3 N3
AREA OF PROPOSED RIPRAP P.C 5
N3 .
5
E 4 50.05 E 4 53.93
1 646 648
ET 2
SEE CH LINE
N2
6 E 4 36.15 .20 .17
E 3 38.97 N3
414
.00
A B
SHE
973 129 P.T
.28 P.T E4 . 7
N2 . 406 1 N3 .
MAT
P.C .36 P.C 4
N2 . 9
E 4 82.33
N3
0 N3 .
4 E 4 99.31
9
E 4 59.77 306
.90 E 4 94.32 E 4 74.74
635
.42
294 364 N3 625
.32 .40 2 .74
E 4 91.77
515 447'
201' P.T .79
N3 .
1
E 4 54.91
430
.26
10'
10'
2%
N2 BOARDWALK N3
9
E 4 91.41 STA 67+45
5
E 4 09.18
310 637
.19 BOARDWALK .51
POB BOARDWALK STA 62+98
STA 59+25 STA 61+26
A B
N3
0
E 4 85.87
388
.37
CROSS SECTION A-A CROSS SECTION B-B
TYPICAL STA 59+25 TO 61+26 TYPICAL STA 62+98 TO 67+45
SCALE: H 1:10 V 1:1
SCALE: H 1:10 V 1:1
2' GRAVEL SHOULDER
587 QUANTITIES SECTION A
587
DESCRIPTION QUANTITY UNIT
2' GRAVEL SHOULDER PROPOSED
HMA SURFACE, REM 225 SYD
HMA BIKE PATH
PROPOSED SUBBASE, LM 70 CUBIC YARD
HMA BIKE PATH
586 2' AGGREGATE BASE, 6 INCH 320 SYD
586
RIPRAP, HEAVY LM 90 CUBIC YARD
PROPOSED HEAVY RIPRAP, LARGE BOULDER 10 EACH
APPROX. 1.3 CYD/LFT 2.0' PROPOSED HEAVY RIPRAP, SHARED USE PATH, GRADING 201 FT
APPROX. 2.7 CYD/LFT 18.5 TON
585 HMA, 36A
APPROX. FINISH GRADE 3 585
3 HMA, 13A 18.5 TON
BEFORE STORMS OF 2019 APPROX. FINISH GRADE
1 1
BEFORE STORMS OF 2019 MULCH BLANKET 0 SYD
PLACE LARGE BOULDERS
SPACED APPROX. 20 FT EXISTING HMA BIKE PATH TOPSOIL, FURN, 4 INCH 60 SYD
PLACE LARGE BOLDERS EXISTING HMA BIKE PATH
584 HYDROSEEDING 60 SYD
PROPOSED AGGREGATE BASE, SPACED APPROX. 20 FT 584
GEOTEXTILE LINER UNDER RIPRAP, TO BE
APPROX. 1.0 CYD/LFT GEOTEXTILE LINER UNDER RIPRAP, TO BE PROPOSED AGGREGATE BASE,
INCLUDED IN PAY ITEM "RIPRAP, HEAVY"
INCLUDED IN PAY ITEM "RIPRAP, HEAVY" APPROX. 0.5 CYD/LFT
ORDINARY HIGH PROPOSED CLASS II FILL, ORDINARY HIGH PROPOSED CLASS II FILL, QUANTITIES SECTION B
WATER MARK APPROX. 1.0 CYD/LFT 583 WATER MARK APPROX. 1.8 CYD/LFT
583 DESCRIPTION QUANTITY UNIT
CURRENT LAKE
CURRENT LAKE HMA SURFACE, REM 500 SYD
ELEVATION
ELEVATION SUBBASE, LM 270 CUBIC YARD
AGGREGATE BASE, 6 INCH 650 SYD
582
APPROX. EXISTING FINISH GRADE 582 RIPRAP, HEAVY LM 400 CUBIC YARD
APPROX. EXISTING FINISH GRADE LARGE BOULDER 30 EACH
SHARED USE PATH, GRADING 447 FT
581 HMA, 36A 45 TON
581
HMA, 13A 45 TON
MULCH BLANKET 0 SYD
TOPSOIL, FURN, 4 INCH 150 SYD
HYDROSEEDING 150 SYD
580
580
579
579
60 40 20 0
60 40 20 0
CITY OF MUSKEGON Lakeshore Trail and
OFFICE OF THE CITY ENGINEERShoreline Restoration
DRAWN J BROOKENS 12/2019 REVISION J BROOKENS 07/2020 SURVEY MC SMITH 2001 PROJECT NO
CHECKED REVISION AS-BUILT SP 92012
APPROVED REVISION SCALE 1" : 40' SHEET NO. 3 of 4
ALTERNATE #1
Muskegon Lake
15'-5"
Water Elev: 578.14 4/12/01 14'-0"
582.44 12/5/19 AREA OF PROPOSED RIPRAP PILE SUPPORTED
BOARDWALK
AREA DAMAGED BY 2019 STORMS
N4
0
E 4 09.51
789 P.T
P. .08
N 3C. N4 .
CEN. @ R
N 4449.61
E 4573.60
939 P. 4
N 3 E 4861 .99 N 4C. E 5 09.88
3 121
9
E 4 26.22 61
847
. P.C
N4 .
C P.T P.C
E 5 07.00
058
.75 Plan View
P.T N4 . N4 . .36 SCALE: 1/2"=1'-0"
.
.92 0
N3 . E 4 38.53 0 1
9
E 4 60.78 915 E 4 97.23 E 5 97.59 1
876 .19 946 005 BICYCLE PATH,
.53 .87 .44 33
FROM ORIGINAL HMA
CONSTRUCTION AS BUILT
PLANS TO SHOW
EXISTING CONDITIONS,
BICYCLE PATH, HMA
2%
ALL WORK IS NOT PART
P.T OF THIS CONTRACT
N4 .
10'
2
E 5 40.68 BOARDWALK DECKING TO MEET
027
.85 CONCRETE PAVING FLUSH
8" 2x10 JOIST
GALV. JOIST HANGER
186'
1'-0"
4" GALVANIZED EXPANSION BOLT,
POE 3' ON CENTER
STA 74+00
CEN. @ R.
FINISH GRADE
N 4098.07
BOARDWALK
E 5512.61
4" 8"
STA 72+14
C 2x10 BOARDWALK JOIST
CEN. @ R
N 3593.21
E 5810.56
2x8 NAILER
8" #4 REBAR, CONTINUOUS, TYP. 2"
1'-0" CLEARANCE, MIN.
.
COMPACTED SUBGRADE
CONCRETE BOARDWALK LEDGER SHALL NOT BE PAID FOR
Sta 72+14 TO 74+00 (SECTION C) SEPARATELY BUT PAID FOR AS TIMBER STRUCTURE,
210 SYD HMA, REM BOARDWALK
200 CYD SUBBASE, LM
290 SYD AGGREGATE BASE, 6 INCH 3 Boardwalk Ledger
210 CYD RIPRAP, HEAVY 37 Scale: 1"=1'-0"
9 EACH LARGE BOULDERS
588
17.5 TON HMA, 36A
17.5 TON HMA, 13A
60 SYD TOPSOIL SURFACE, FURN, 4 INCH
60 SYD HYDROSEEDING
587
2' GRAVEL SHOULDER
PROPOSED
HMA BIKE PATH RESET TOP OF LEDGER TO ELEVATION PROVIDE BY ENGINEER,
586 VARIES PER LOCATION
PROPOSED HEAVY RIPRAP,
APPROX. 1.1 CYD/LFT 4"
EXISTING CONCRETE LEDGER
585
3
APPROX. FINISH GRADE
BEFORE STORMS OF 2019 1 INSTALL 12" SONOTUBE
PLACE LARGE BOLDERS FILL WITH CEMENT
EXISTING HMA BIKE PATH
SPACED APPROX. 20 FT
584
PROPOSED AGGREGATE BASE, 4' MIN.
GEOTEXTILE LINER UNDER RIPRAP, TO BE
APPROX. 0.3 CYD/LFT
INCLUDED IN PAY ITEM "RIPRAP, HEAVY"
ORDINARY HIGH PROPOSED CLASS II FILL,
WATER MARK APPROX. 1.0 CYD/LFT 1 TYP LEDGER REPAIR DETAIL
583
4 Scale: 1"=1'-0"
CURRENT LAKE
ELEVATION
582
APPROX. EXISTING FINISH GRADE GENERAL NOTES:
1. THE EXISTING LEDGERS HAVE BEEN UNDER MINDED, ARE SINKING AND PULLING THE REST OF THE BOARD WALK WITH THEM.
THERE IS NO FOOTING OR REAL SUPPORT FOR THE EXISTING LEDGER. THE IDEA IS TO ADD SOME SORT OF SUPPORT FOR THE
LEDGER DURING HIGH WATER EVENTS.
581
2. UNDER BASE BIDS (NO ALTERNATE SELECTED), THE CITY WILL SUPPORT AND SHORE UP THE LEDGERS TEMPORARILY UNTIL BASE
QUANTITIES SECTION C AND RIPRAP IS INSTALLED. CONTRACTOR IS TO COORDINATE WITH THE CITY.
3. METHOD OF INSTALLATION WILL BE DETERMINED BY THE CONTRACTOR. IF A COMPLETE REMOVAL OF THE LEDGER IS DEEMED
DESCRIPTION QUANTITY UNIT
NECESSARY, THEN COMPLETE RE-INSTALLATION NEEDS TO BE INCLUDED IN COST.
HMA SURFACE, REM 210 SYD 4. THE PAY ITEM WILL BE "LEDGER REPAIR" WITH A UNIT OF EACH. EACH LEDGER LOCATION IS CONSIDERED ONE REPAIR. ALL
580 SUBBASE, LM 200 CUBIC YARD WORK, MATERIAL AND EQUIPMENT NEEDED TO RESET EACH LEDGER AT PROPER ELEVATION WILL BE INCLUDED IN THIS PAY ITEM.
60 40 20 0 5. THE CITY MAY ENTERTAIN OTHER ALTERNATE METHODS OF PROVIDING SUPPORT FOR EXISTING LEDGERS.
AGGREGATE BASE, 6 INCH 290 SYD
6. IF THIS ALTERNATE IS DELETED FROM THE CONTRACT, THE CITY MAY PROVIDE WORK UNDER A SEPARATE CONTRACT. THE
RIPRAP, HEAVY LM 210 CUBIC YARD
CONTRACTOR IS TO COORDINATE WITH THE CITY TO ENSURE THE LEDGERS ARE REPAIRED BEFORE THE BIKE PATH HMA TOP
LARGE BOULDER 9 EACH COURSE IS PLACED.
SHARED USE PATH, GRADING 186 FT
CROSS SECTION C-C
HMA, 36A
HMA, 13A
17.5
17.5
TON
TON
CITY OF MUSKEGON Lakeshore Trail and
TYPICAL STA 72+14 TO 74+00 MULCH BLANKET 0 SYD OFFICE OF THE CITY ENGINEERShoreline Restoration
TOPSOIL, FURN, 4 INCH 60 SYD DRAWN J BROOKENS 12/2019 REVISION J BROOKENS 07/2020 SURVEY MC SMITH 2001 PROJECT NO
SCALE: H 1:10 V 1:1
HYDROSEEDING 60 SYD CHECKED REVISION AS-BUILT SP 92012
APPROVED REVISION SCALE 1" : 40' SHEET NO. 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Mausoleum Repairs
Submitted By: Leo Evans Department: Public Works
Brief Summary: Authorize the award of the Mausoleum Wall Restoration including Option #001 to
the low bidder, Midwest Building Maintenance.
Detailed Summary:
Staff solicited bids for repairs to the mausoleum at Evergreen Cemetery. Work includes, repairs to
spalled limestone, tuck pointing, window caulking, and moisture barrier sealant on entire building.
Option #001 includes repairs to the limestone front steps.
Bids received are as follows:
• $29,508.00 – Midwest Building Maintenance Option #001 - $750.00
• $36,750.00 – Kent Companies Option #001 - $575.00
• $97,600.00 – Bornor Restoration Option #001 - $4,200.00
• $120,869.00 – RAM Services Option #001 - $4,300.00
The project would be constructed in the Fall of 2020.
Project will require adjustment in a future reforecast with funding being drawn from the Cemetery
Perpetual Care Fund to cover the capital project costs.
Amount Requested: $30,258.00 Amount Budgeted: $0
Fund(s) or Account(s): 101 Fund(s) or Account(s): 101
Recommended Motion:
Approve the award of the Mausoleum Wall Restoration contract including Option #001 to the low
bidder, Midwest Building Maintenance, in the amount of $30,258.00
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only: Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Title: Citizen Participation Plan (CPP) Amendment
Date:9/8/2020
Submitted By: Oneata Bailey Department: CNS
Brief Summary: The CARES Act (Coronavirus Aid, Relief, and Economic Security Act) promotes the
amendments to our CPP’s comment period. These changes expedite procedures to provide
reasonable notification and access for citizen of no less than 5 days.
Please see attachments. Changes are highlighted.
Amount Requested: 0 Amount Budgeted: 0
Fund(s) or Account(s): 0 Fund(s) or Account(s): 0
Recommended Motion: To approve the amendments made to the CPP.
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
Citizen Participation Plan
The City of Muskegon fully understands that there is a strong correlation between a successful
CDBG/HOME program and the degree of citizen input in the planning, implementation and
assessment process. As a representative of the community the citizens offer first-hand
knowledge of the concerns and needs of the community and their neighborhood that staff may
not be aware of or not realize the importance of. City staff are made aware of issues, suggestions
and important responses to potential city plans, activities and projects.
The City of Muskegon understands the importance of having citizen involvement during and
after the planning and implementation of its Community Development activities. The
Community and Neighborhood Services department staff is responsible to coordinate the duties
of our policy to ensure citizens participate in an advisory role in implementing and assessment of
projects.
Citizen Participation Plan Objectives
The City of Muskegon encourages participation of its citizens, especially those residents who are
extremely low, very low, low and moderate income. Citizens are also encouraged to participate
who reside in high minority concentrated neighborhoods, who are non-English speaking or speak
limited English. Residents are also encouraged to participate that are involved in the housing
area whether it be as a realtor, builder, housing advocate, nonprofit or for profit developers or
residents of Public Housing and or other types of assisted housing residents. All residents
involved in the public service area are also encouraged to participate.
A. The City will provide citizens with reasonable and timely access to all of its committee
meetings, in person or virtually.
B. The City will offer technical assistance from the City’s Community Neighborhood
Services Department to residents and eligible nonprofit in developing proposals,
conducting research, etc.
C. The City’s Community Neighborhood Services department will respond to all formal
complaints submitted to the Community Neighborhood Services department in writing
within 15 days of receipt with a written response.
D. If and when notified the City will supply assistance to residents with mobility problems,
hearing and visual impediments that wish to participate in the City meetings concerning
its CDBG/HOME activities and process and or any other related meeting.
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Participation Plan - REVISED 9-2020.doc
E. The City will consult with local Public Housing authorities when developing any studies
related to housing development, neighborhood revitalization (i.e. Consolidated Plan,
Action Plan, CAPER etc) In order so that the local Public Housing Authority can submit
any related information to be included in the plan and make the information available to
their tenants and or board members.
Citizen District Council
The City of Muskegon, Community Development Block Grant, Citizen District Council
is composed of four (4) Citizens representing each of the four wards, three (3) Citizens
from at large with one (1) non-voting liaison from the City commission.
All members are appointed by the City Commission and their terms are for three (3)
years.
The purpose of the Citizens District Council (CDC) is to act as an advisory board to the
City Commission on all matters dealing with the U.S. Department of Housing and Urban
Development programs concerning the City of Muskegon and it citizenry.
All CDC meetings are open to the public and are subject to the Michigan Open meeting
act, Public Act 276 of 1976 as amended (MCL Section 15.261 et.seq.)
Scope of Participation
• The Citizen District Council will be involved in an advisory capacity in reviewing the
proposed annual Consolidated Plan, any amendments to the existing CDBG/HOME
program, and the Consolidated Annual Performance Evaluation Report (CAPER), prior
to the scheduled Public Hearing.
• The Citizens District Council (CDC) will be briefed on the status and performance of the
programs during its regular meetings, in order that members may provide meaningful
input to assess the effectiveness of the program activities in addressing the 1990 National
Affordable Housing Act (NAHA) and the CDBG National objectives. CDC minutes will
be included in the Consolidated Annual Performance Evaluation Reports (CAPER).
• Access for Information and Records
As part of the City of Muskegon Consolidated Planning Process, the City will make
available to citizens, public agencies, nonprofit and other interested parties the following
information:
• The total amount of funding the City anticipates receiving from the U.S. Department
of Housing and Urban Development each fiscal year.
• The type of activities that will be undertaken with that particular fiscal years funding.
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Participation Plan - REVISED 9-2020.doc
• The estimated amount of funding which will be committed to activities benefiting low
and moderate-income residents.
Amendments and/or Modifications
The City will follow 24CFR 91.505 when making amendments or modifications to the
Consolidated plan, Action Plan or Citizen Participation Plan. An amendment to the Consolidated
Plan or Action Plan will be necessary when one of the following occurs.
1. A change occurs in the City's allocation priorities or a change in the method of distribution of
funds.
2. It is necessary to change the purpose, scope, location or beneficiaries of an activity.
3. An activity is to be carried out using funds from any program covered by the Consolidated
Plan but not previously described in the Action Plan.
Criteria for Substantial Amendment
The City of Muskegon considers an item to be a substantial amendment that significantly affects
the scope of services, purposes or beneficiaries of a project or in combination with other changes
that are greater than 12% of the year’s fiscal CDBG or HOME entitlement amount in question.
Any amendments to the Consolidated Plan will be advertised on our Website, in the City's major
newspaper "the Muskegon Chronicle or Mlive" allowing the citizenry 30 days to comment on the
amendment(s) unless there is a Pandemic, Natural Disaster, or National Crisis then a 5 day
comment period will be used to expedite the needs of the community. The City will review all
comments concerning the changes written or oral. A summary of the comments and views along
with any required replies will be attached to the amendments of the plan.
Period for Citizen Comments
A formal comment period of 30 days will be provided for all Consolidated Plans, Annual Action
Plans, Citizens Participation Plan. In case of Environmental reviews and request for release of
funds activities the City will comply with CFR 24 58.45. In the event of a Pandemic, Natural
Disaster, or National Crisis, we will limit the comment period to 5 days.
In all circumstances a summary of the plan, performance report, or substantial amendment, or
other relevant documentation will be published at the beginning of the formal comment periods.
O:\CLERK\Common\Word\Agenda Items for Next
3 Meeting\2020\090820\12b_Citizen
Participation Plan - REVISED 9-2020.doc
The summary will clearly express the period that comments will be accepted (i.e., 5, 15, 20, or
30 days) as well as the procedure for making comments.
Written comments received during the comment period along with oral comments made during
Public Hearings will be considered. A summary of such comments by citizens, public agencies,
and other interested parties will be attached to the relevant Plan, substantial amendment or
performance report or related document. In a situation where it is not favorable incorporated the
comments will be included in the summary of comments along with an explanation of why it was
not possible to incorporate the comments.
Public Hearings
• The City of Muskegon will hold at least two (2) Public Hearings per year during regular
City Commission meetings in order to obtain comments and suggestions of citizens on
the proposed activities and or complaints.
• In person hearings will not be required during Pandemics, Natural Disasters, or National
Crisis to expedite procedures to provide no less than 5 days for public comment. If virtual
public hearings are offered reasonable notification and access for citizens will be
provided.
• The City of Muskegon Community and Neighborhood Services department will publish a
notice of public hearings in the Muskegon Chronicle, Mlive, City Hall entrances,
Facebook, or other social media sites ten (10) days prior to the Public Hearing date. The
notice will include date, time, place, virtual instructions, and/or procedure of the hearing
and topics to be considered.
Availability and Accessibility to Documents during Public Comment Periods
The City of Muskegon will have the document available for public review and comment at the
following locations:
• Community and Neighborhood Services office, City Hall, 933 Terrace St. 2nd Floor
• City of Muskegon City Clerk’s office, City Hall, 933 Terrace St. 1st Floor
• Hackley Public Library, Research Section, 316 W. Webster Ave, Circulation Desk
• Muskegon Housing Commission, 1080 Terrace Street
• City Website: www.shorelinecity.com
• Facebook: https://www.facebook.com/CityofMuskegon/
• Instagram: https://www.instagram.com/cityofmuskegon/
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Anti-Displacement Policy
The City of Muskegon has attempted to avoid to all extent feasible the involuntary permanent
displacement of persons as a result of federally assisted projects. No displacement is anticipated
to occur as a result from current or projected community development or housing activities to be
under taken by the City. If conditions occur which trigger displacement as defined by applicable
Federal regulations the City will provide all advisory services and financial assistance in
accordance with the Uniform Relocation and Real Property acquisition Policies Act of 1970 and
Section 104(d) of the Housing and Community Development Act of 1987 as amended the City
will take the necessary steps to ensure its subrecipients or CHDO’s and agents are aware of the
necessity of avoiding displacement and that they are also aware of their responsibility should
displacement occur in connection with any of the activities they administer.
O:\CLERK\Common\Word\Agenda Items for Next
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: MERS Supplemental Contribution
Submitted By: Beth Lewis Department: Finance
Brief Summary: The MERS Defined Benefit amount that was expensed each pay period based on
the wages of current Defined Benefit employees was over expensed for the fiscal year FY2019-20
by $89,670.86. Staff is requesting authorization to make a supplemental payment to MERS for
$89,670.86.
Detailed Summary: Each fiscal year based on our required annual contribution to MERS for our
Defined Benefit group Finance calculates a percent of wages to be expenses to MERS contribution
for each employee division each pay. This year, as in several years in the past, the amount
expensed exceeded our required contribution by $89,670.86.
The city can always contribute more than the minimum required contribution and by doing so will
earn additional investment income and may lower future contribution requirements. Staff is
recommending making a supplemental payment to MERS for $89,670.86
Amount Requested: Amount Budgeted: N/A expensed in FY19-20
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize staff to make a supplemental payment to MERS for
$89,670.86.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: September 8, 2020 Title: Resolution Authorizing Issuance of
2020 Capital Improvement Bonds
Submitted By: Beth Lewis Department: Finance
Brief Summary: To approve the Resolution Authorizing Issuance of 2020 Capital Improvement
Bonds not to exceed $8,000,000.
Detailed Summary: The 2020 Capital Improvement Bonds are being issued for additions and
improvements to the Muskegon Central Dispatch 9-1-1 facility and fire station, Hartshorn Marina
including new docks, clubhouse and pool, Hartshorn Village including water, sewer and road
improvements, to acquire police department body camera equipment and the refinancing of
existing financing for a new roof and heating, ventilation and cooling improvements to Mercy
Health Arena not to exceed $8,000,000. The bonds will be payable in 20 annual installments.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Resolution Authorizing Issuance of 2020 Capital
Improvement Bonds not to exceed $8,000,000.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION AUTHORIZING ISSUANCE OF
2020 CAPITAL IMPROVEMENT BONDS
(LIMITED TAX GENERAL OBLIGATION)
___________________________________
CITY OF MUSKEGON
County of Muskegon, State of Michigan
____________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, conducted electronically in conformity with Governor Whitmer’s
Executive Order No. 2020-154 and Executive Order 2020-165, on September 8, 2020, at 5:30 p.m.,
prevailing Eastern Time.
PRESENT: Members
ABSENT: Members
The following preamble and resolution were offered by Member _____________ and
supported by Member ______________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”),
has previously determined that it is necessary to pay to pay all or part of the cost to acquire,
construct, furnish and equip additions and improvements to: a) the Muskegon Central Dispatch 9-
1-1 facility and fire station; b) Hartshorn Marina, including new docks, clubhouse and pool
improvements; c) Hartshorn Marina Village, including water, sewer and road improvements; d)
acquire police department body camera equipment; and e) refinance existing obligations to finance
a new roof and heating, ventilation and cooling improvements to Mercy Health Arena; including
all related site improvements; and
WHEREAS, the City deems it necessary to borrow the principal amount of not to exceed
Eight Million Thousand Dollars ($8,000,000) and issue capital improvement bonds (the “Bonds”
as further defined below) pursuant to Act 34, Public Acts of Michigan, 2001, as amended (“Act
34”), to pay all or part of the cost of the Project; and
WHEREAS, the City has previously published a notice of intent to issue the Bonds in
accordance with Act 34, which provides that the Bonds may be issued without a vote of the electors
of the City unless a proper petition for an election on the question of the issuance of the Bonds is
filed with the City Clerk within a period of forty-five (45) days from the date of publication and
no petition has been filed as of this date; and
WHEREAS, the City desires to negotiate the sale of the Bonds to Robert W. Baird & Co.
(the "Underwriter") within the parameters established by this Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT:
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
1. Authorization of Bonds; Bond Terms. Bonds of the City designated 2020 Capital
Improvement Bonds (Limited Tax General Obligation) (the “Bonds”) are authorized to be issued
in the aggregate principal sum of not to exceed Eight Million Dollars ($8,000,000) for the purpose
of paying all or part of the costs of the Project and the costs incidental to the issuance, sale and
delivery of the Bonds. The issue shall consist of bonds in fully-registered form of the
denomination of $5,000, or multiples thereof not exceeding for each maturity the maximum
principal amount of that maturity, numbered consecutively in order of registration. The Bonds
will be dated as of the date of delivery (or such other date as determined at the time of sale thereof),
be payable on October 1 (or such other date as determined at the time of sale thereof) in the years,
not to exceed twenty (20) annual installments, and in the amounts determined at the time of sale
thereof, and be subject to redemption in the manner and at the times and prices to be determined
at the time of sale by the City Manager, Finance Director or City Clerk (each, an “Authorized
Officer” and collectively, the “Authorized Officers”).
The Bonds shall bear interest at a rate or rates to be determined at the time of sale thereof,
but in any event not to exceed five percent (5.00%) per annum, first payable on April 1, 2021 and
semiannually thereafter each April 1 and October 1, by check or draft mailed by the Transfer Agent
(as hereinafter defined) to the registered owner of record as of the 15th day of the month prior to
the payment date for each interest payment. The record date of determination of registered owner
for purposes of payment of interest as provided in this paragraph may be changed by the City to
conform to market practice in the future. The principal of the Bonds shall be payable at The
Huntington National Bank, Grand Rapids, Michigan, which is hereby selected to act as the transfer
agent for the Bonds (the “Transfer Agent”).
2. Execution of Bonds; Book-Entry-Only Form. The Bonds of this issue shall be
executed in the name of the City with the manual or facsimile signatures of the Mayor and City
Clerk and shall have the seal of the City, or a facsimile thereof, printed or impressed on the Bonds.
No Bond executed by facsimile signatures shall be valid until authenticated by an authorized
officer or representative of the Transfer Agent.
The Bonds may be issued in book-entry-only form through the Depository Trust Company
in New York, New York (“DTC”) and any Authorized Officer is authorized to execute such
custodial or other agreement with DTC as may be necessary to accomplish the issuance of the
Bonds in book-entry-only form and to make such changes in the Bond form within the parameters
of this resolution as may be required to accomplish the foregoing.
3. Transfer of Bonds. The Transfer Agent shall keep the books of registration for this
issue on behalf of the City. Any Bond may be transferred upon such registration books by the
registered owner of record, in person or by the registered owner’s duly authorized attorney, upon
surrender of the Bond for cancellation, accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds
shall be surrendered for transfer, the City shall execute and the Transfer Agent shall authenticate
and deliver a new Bond or Bonds, for like aggregate principal amount. The Transfer Agent shall
require the payment by the bondholder requesting the transfer of any tax or other governmental
charge required to be paid with respect to the transfer.
4. Security for the Bonds; Limited Tax Pledge; Defeasance of Bonds. The City hereby
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-2-
pledges its limited tax full faith and credit for the prompt payment of the principal and interest on
the Bonds. The City shall, each year budget the amount of the debt service coming due in the next
fiscal year on the principal of and interest on the Bonds and shall advance as a first budget
obligation from its general funds available therefor, or, if necessary levy taxes upon all taxable
property in the City subject to applicable constitutional, statutory and charter tax rate limitations,
such sums as may be necessary to pay such debt service in said fiscal year.
The City Treasurer is authorized and directed to open a separate fund to be known as the
2020 CAPITAL IMPROVEMENT BONDS DEBT RETIREMENT FUND (the "Debt Retirement
Fund"), the moneys to be deposited into the Debt Retirement Fund to be specifically earmarked
and used solely for the purpose of paying principal of and interest on the Bonds as they mature.
In the event cash or direct obligations of the United States or obligations the principal of
and interest on which are guaranteed by the United States, or a combination thereof, the principal
of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay
at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any,
and interest on the Bonds, shall be deposited in trust, this resolution shall be defeased and the
owners of the Bonds shall have no further rights under this resolution except to receive payment
of the principal of, premium, if any, and interest on the Bonds from the cash or securities deposited
in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein.
5. Construction Fund; Proceeds of Bond Sale. The City Treasurer is authorized and
directed to open a separate account to be known as the 2020 CAPITAL IMPROVEMENT BONDS
CONSTRUCTION FUND (the “Construction Fund”). The Treasurer shall deposit the proceeds of
the Bonds less accrued interest and capitalized interest, if any, which shall be deposited into the
Debt Retirement Fund. The moneys in the Construction Fund shall be used solely to pay the costs
of the Project and the costs of issuance of the Bonds.
6. Bond Form. The Bonds shall be in substantially the following form with such
changes as may be required to conform the Bond to the final terms of the Bonds established by the
Sale Order:
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-3-
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF MUSKEGON
CITY OF MUSKEGON
2020 CAPITAL IMPROVEMENT BOND
(LIMITED TAX GENERAL OBLIGATION)
Date of
Interest Rate Maturity Date Original Issue CUSIP
Registered Owner: October 1, 20___ ________, 2020
Principal Amount: Dollars
The City of Muskegon, County of Muskegon, State of Michigan (the “City”), acknowledges itself to owe
and for value received hereby promises to pay to the Registered Owner specified above, or registered assigns, the
Principal Amount specified above, in lawful money of the United States of America, on the Maturity Date specified
above, unless prepaid prior thereto as hereinafter provided, with interest thereon (computed on the basis of a 360-day
year consisting of twelve 30-day months) from the Date of Original Issue specified above or such later date to which
interest has been paid, until paid, at the Interest Rate per annum specified above, first payable on April 1, 2021 and
semiannually thereafter. Principal of this bond is payable at the corporate trust office of The Huntington National
Bank, Grand Rapids, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to
the registered owner not less than sixty (60) days prior to any interest payment date (the “Transfer Agent”). Interest
on this bond is payable to the registered owner of record as of the 15th day of the month preceding the interest payment
date as shown on the registration books of the City kept by the Transfer Agent by check or draft mailed by the Transfer
Agent to the registered owner of record at the registered address.
This bond is one of a series of bonds of even Date of Original Issue aggregating the principal sum of
$_______________, issued pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended and
pursuant to a resolution of the City Commission of the City adopted on __________, 2020 for the purpose of paying
the cost of various capital improvements for the City.
This bond, including the interest thereon, is payable as a first budget obligation from the general funds of the
City, and the City is required, if necessary, to levy ad valorem taxes on all taxable property in the City for the payment
thereof, subject to applicable constitutional, statutory and charter tax rate limitations.
Bonds of this issue maturing in the years 20__ to 20__, inclusive, shall not be subject to redemption prior to
maturity. Bonds or portions of bonds of this issue in multiples of $5,000 maturing in the year 20__ and thereafter
shall be subject to redemption prior to maturity, at the option of the City, in any order of maturity and by lot within
any maturity, on any date on or after ____ 1, 20__, at par and accrued interest to the date fixed for redemption.
[Insert Term Bond Provisions, if applicable.]
In case less than the full amount of an outstanding bond is called for redemption, the Transfer Agent, upon
presentation of the bond called in part for redemption, shall register, authenticate and deliver to the registered owner
of record a new bond in the principal amount of the portion of the original bond not called for redemption.
Notice of redemption shall be given to the registered owner of any bond or portion thereof called for
redemption by mailing of such notice not less than thirty (30) days prior to the date fixed for redemption to the
registered address of the registered owner of record. A bond or portion thereof so called for redemption shall not bear
interest after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with
the Transfer Agent to redeem said bond or portion thereof.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-4-
This bond is transferable only upon the registration books of the City kept by the Transfer Agent by the
registered owner of record in person, or by the registered owner’s attorney duly authorized in writing, upon the
surrender of this bond together with a written instrument of transfer satisfactory to the Transfer Agent duly executed
by the registered owner or the registered owner’s attorney duly authorized in writing, and thereupon a new registered
bond or bonds in the same aggregate principal amount and of the same maturity shall be issued to the transferee in
exchange therefor as provided in the resolution authorizing this bond and upon the payment of the charges, if any,
therein prescribed.
It is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to
and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed
in regular and due form and time as required by law, and that the total indebtedness of the City, including this bond
and the series of bonds of which this is one, does not exceed any constitutional, statutory or charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent’s Certificate of Authentication
on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City, by its City Commission, has caused this bond to be signed in the name
of the City by the facsimile signatures of its Mayor and City Clerk and a facsimile of its corporate seal to be printed
hereon, all as of the Date of Original Issue.
CITY OF MUSKEGON
County of Muskegon
State of Michigan
By:
Its: Mayor
(SEAL)
By:
Its: City Clerk
(Form of Transfer Agent’s Certificate of Authentication)
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned resolution.
THE HUNTINGTON NATIONAL BANK
Grand Rapids, Michigan
Transfer Agent
_______________________
Transfer Agent
By:
Authorized:
DATE OF REGISTRATION:
[Bond printer to insert form of assignment]
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-5-
7. Useful Life of Project. The estimated period of usefulness of the Project is hereby
declared to be not less than twenty (20) years.
8. Negotiated Sale. The City Commission has considered the option of selling the
Bonds through a competitive sale and a negotiated sale and, pursuant to the requirements of Act
34, determines that a negotiated sale of the Bonds will allow more flexibility in accessing the
municipal bond market, and to price and sell the Bonds at the time that is expected to best achieve
the most advantageous interest rates and costs to the City, and will provide the City with greater
flexibility in structuring bond maturities and adjusting terms for the Bonds.
9. Bond Purchase Agreement; Delegation to Authorized Officer; Sale Order. The
Authorized Officers are each individually authorized to negotiate the sale of the Bonds to the
Underwriter, negotiate and execute a bond purchase agreement with the Underwriter, execute a
Sale Order specifying the final terms of the Bonds and take all other necessary actions required to
effectuate the sale, issuance and delivery of the Bonds within the parameters authorized in this
resolution.
10. Adjustment of Bond Terms. The Authorized Officers are each individually
authorized to adjust the final bond details as set forth herein to the extent necessary or convenient
to complete the sale of the Bonds and in pursuance of the foregoing are each authorized to exercise
the authority and make the determinations pursuant to Sections 315(1)(d) of Act 34, including but
not limited to determinations regarding interest rates, prices, discounts, maturities, principal
amounts, denominations, date of issuance, interest payment dates, redemption rights, and other
matters within the parameters established by this resolution; provided that the principal amount of
Bonds issued shall not exceed the principal amount authorized in this resolution, the interest rate
on the Bonds shall not exceed 5.00% per annum and the underwriter’s discount shall not exceed
1.50% of the par amount of the Bonds.
11. Tax Covenant. The City shall, to the extent permitted by law, take all actions within
its control necessary to maintain the exclusion of the interest on the Bonds from gross income for
federal income tax purposes under the Internal Revenue Code of 1986, as amended, (the “Code”)
including, but not limited to, actions relating to any required rebate of arbitrage earnings and the
expenditures and investment of Bond proceeds and moneys deemed to be Bond proceeds, and to
prevent the Bonds from being or becoming “private activity bonds” as that term is used in Section
141 of the Code.
12. Continuing Disclosure Undertaking. The City covenants to enter into a continuing
disclosure undertaking for the benefit of the holders and beneficial owners of the Bonds in
accordance with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange
Commission, and each of the Authorized Officers are authorized to execute such undertaking prior
to delivery of the Bonds.
13. Bond Counsel. Miller, Canfield, Paddock and Stone, P.L.C. is hereby approved
as bond counsel for the Bonds, notwithstanding its periodic representation in unrelated matters
of the Underwriter and other parties or potential parties to the transaction contemplated by this
resolution.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-6-
14. Authorization of other Actions. The Authorized Officers are each authorized and
directed to (a) approve the circulation of a preliminary official statement describing the Bonds
and to deem the preliminary official statement "final" for purposes of Rule 15c2-12 of the SEC;
(b) approve the circulation of a final official statement describing the Bonds and to execute the
same on behalf of the City; (c) (d) obtain ratings for the Bonds; (e) pay costs of issuance
including but not limited to transfer agent fees, bond counsel fees, rating agency fees, costs of
printing the Bonds and the preliminary and final official statements, publication of notices, and
any other costs necessary to accomplish sale and delivery of the Bonds; and (f) do all other acts,
take all other necessary procedures, and make such filings with any parties, including the
Michigan Department of Treasury, necessary or desirable to effectuate the sale, issuance and
delivery of the Bonds.
15. Rescission. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
AYES: Members
NAYS: Members
RESOLUTION DECLARED ADOPTED.
____________________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on September 8, 2020, and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, as temporarily modified by Governor Whitmer’s
Executive Order No. 2020-154 and Executive Order No. 2020-165 and that the minutes of said
meeting were kept and will be or have been made available as required by said Act.
____________________________________
Ann Marie Meisch
City Clerk
36454625.4\063684-00051
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-7-
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9-8-2020 Title: Social District Permit
recommendations
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.
Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. You handled the initial five such requests at your Aug. 25
meeting. The attached resolution includes Burl & Sprig and Nipotes which are also seeking a
Social District permit from the state and seeking City Commission recommended approval. The
Social District plan identifies 22 potential participating licensees within the district. Other licensed
establishments may file a Social District permit application in the future.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permits in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVALS
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held virtually, live on the city’s FaceBook page per the
governor’s COVID-19 executive order on open meetings, on the 8th day of September, 2020 at
5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. Burl & Sprig Management LLC, 500 W. Western Suite 300, 49440
b. Nipotes, LLC, 98 W. Clay, 49440
c. Rake Beer Project, LLC, 794 Pine Street, 49442
d.
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on September 8, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:9-8-2020 Title: Business Improvement District public
hearing
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: A public hearing has been scheduled to receive comment on a proposed three-
year renewal of the Downtown Muskegon Business Improvement District special assessments
through a resolution establishing the district, rates and budget for 2021-2023.
Detailed Summary: The Muskegon City Commission has approved the Downtown Muskegon
Business Improvement District three times since 2016 to enhance the public services in the central
business district. The current three-year BID special assessment expires Dec. 31, 2020. The BID
Board recommends a three-year renewal of the BID with a reduced district footprint, the same
special assessment rates providing a reduced budget that would focus work on summer
landscaping and winter sidewalk snow removal. The proposed BID would generate approximately
$113,000 in special assessment revenues each year to be collected on the winter tax bills. Class A
properties, the commercial properties involved in downtown activities and business, would be
assessed $0.08 per square foot of land with a cap of $4,000. Class B properties, those zoned for
industry and manufacturing, would be assessed $0.04 per square foot of land with a cap of $2,000.
Staff will track the number of objections and the percentage of the assessment for the objecting
properties. After hearing public comment, the attached resolution would establish the district, rate,
budget and appoint two commissioners to the Board of Assessors. The special assessment roll
also is attached and would be subject to a second public hearing before the Muskegon City
Commission in October if the district is created.
Amount Requested: None Amount Budgeted: None
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To close the public hearing and approve the resolution to create a
Downtown Muskegon Business Improvement District, special assessment rate and budget for
2021, 2022 and 2023, additionally naming two commissioners to the Board of Assessors.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION APPROVING DOWNTOWN MUSKEGON
BUSINESS IMPROVEMENT DISTRICT
2021-2023
City of Muskegon
County of Muskegon, Michigan
Resolution At First Hearing Creating Special Assessment District For Downtown
Muskegon Business Improvement District (BID) Location and Description of Properties
to be assessed:
See Exhibit A attached to this resolution
RECITALS:
1. By resolution of the City Commission, a hearing has been held on September 8, 2020, at
5:30 p.m. at the City Commission Chambers. Notice was given by mail and publication
as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held on September 8, 2020, there were ______________ objections by
the owners of the property in the city registered at the hearing either in writing received
before or at the hearing or by owners or agents present at the hearing, and the
Commission has considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost, including all assessable
expenses, and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property to be assessed in the district for
downtown improvements and services. The City Commission determines that the
assessments of costs of the City project will enhance the value of the property to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit and remove a burden from the property associated with the
services and improvements to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include all of the
property included in Exhibit A.
2. The City Commission determines to proceed with the special assessment.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners_____________________ and _____________________________ and
the city Assessor who are hereby directed to prepare an assessment roll. Assessments
shall be made upon a benefit basis.
4. It is hereby determined that, based on the estimates of cost for services and
improvements downtown, the City will levy a special assessment in the said district on
“Class A” Properties, as defined in the BID Bylaws, for an annual assessment of $0.08/sf
with no assessment to exceed $4,000 and “Class B” Properties, as defined in the BID
Bylaws, for an annual assessment of $0.04/sf with no assessment to exceed $2,000
commencing with the Winter 2020 tax bill.
5. Upon Submission of the special assessment roll, the City staff is hereby directed to
notify all owners and persons interested in properties to be assessed of the hearing at
which the City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes________________________________________________________________________
Nays
__________________________________________________________________________
CITY OF MUSKEGON
By ________________________________
Ann Marie Meisch, City Clerk
By ________________________________
Stephen J. Gawron, Mayor
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on September 8, 2020.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public acts of 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
CITY OF MUSKEOGN
By ________________________________
Ann Marie Meisch, City Clerk
RESOLUTION APPROVING DOWNTOWN MUSKEGON
BUSINESS IMPROVEMENT DISTRICT
2021-2023
Exhibit A
1
ASS'MT % OF ASSESSED ASS'MT BASED
PARCEL NO. ADD. # STREET NAME OWNER AREA (SF) AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-433-000-0003-00 926 2ND ST HSD II LLC 871.2 $ 69.70 0.033990483 0.002719239 A
61-24-433-000-0002-00 930 2ND ST HSD II LLC 871.2 $ 69.70 0.033990483 0.002719239 A
61-24-433-000-0001-00 934 2ND ST HSD II LLC 871.2 $ 69.70 0.033990483 0.002719239 A
61-24-205-563-0006-00 902 3RD ST HUME PROPERTIES LLC 56628 $ 4,000.00 2.209381373 0.17675051 A CAP
61-24-605-000-0001-00 939 3RD ST 939 THIRD STREET LLC 66211.2 $ 4,000.00 2.583276683 0.206662135 A CAP
61-24-205-567-0001-50 955 3RD ST 939 THIRD STREET LLC 103237.2 $ - 4.027872196 0.322229776 A CONT. 939 3RD
61-24-205-351-0007-00 1100 3RD ST VENTURE ONE MANAGEMENT LLC 9147.6 $ 731.81 0.356900068 0.028552005 A
61-24-205-367-0001-00 1115 3RD ST SIGMA PROPERTIES LLC 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-367-0016-00 1121 3RD ST SQUARE TWO DEVELOPMENT 1742.4 $ 139.39 0.067980965 0.005438477 A
61-24-205-367-0015-00 1125 3RD ST SQUARE TWO DEVELOPMENT LLC 6534 $ 522.72 0.25492862 0.02039429 A
61-24-205-367-0014-00 1129 3RD ST MJ PLACE LLC 1306.8 $ 104.54 0.050985724 0.004078858 A
61-24-205-367-0013-00 1133 3RD ST NAP DEVELOPMENT LLC 4791.6 $ 383.33 0.186947655 0.014955812 A
61-24-205-367-0012-00 1137 3RD ST LEMKE DELORES J/LEMKE KIM A 4791.6 $ 383.33 0.186947655 0.014955812 A
61-24-205-367-0011-00 1141 3RD ST AGUILAR LUIS 2178 $ 174.24 0.084976207 0.006798097 A
61-24-205-365-0001-00 1144 3RD ST ALLIANCE PREFERRED PROPERTIES LLC 124581.6 $ 4,000.00 4.860639021 0.388851122 A CAP
61-24-205-379-0001-00 1157 3RD ST S & R KADO LLC 18295.2 $ 1,463.62 0.713800136 0.057104011 A
61-24-205-379-0011-00 1185 3RD ST CAREY AND ASSOCIATES LLC 18295.2 $ 1,463.62 0.713800136 0.057104011 A
61-24-205-316-0013-00 1150 7TH ST 1150 7TH STREET LLC 14374.8 $ 1,149.98 0.560842964 0.044867437 A
61-24-205-317-0007-00 1208 8TH ST CORE DEVELOPMENT LLC 24829.2 $ 1,986.34 0.968728756 0.0774983 A
61-24-205-174-0009-00 28 E CLAY AVE WITT LEE A TRUST 49222.8 $ 3,937.82 1.920462271 0.153636982 A
61-24-485-000-0000-00 878 JEFFERSON ST JEFFERSON PROFESSIONAL CONDOMINIUM 37461.6 $ 2,996.93 1.461590755 0.11692726 A
61-24-205-329-0001-00 885 JEFFERSON ST HENNESSY HOLDING LLC 16988.4 $ 1,359.07 0.662814412 0.053025153 A
61-24-205-330-0008-00 896 JEFFERSON ST 896 JEFFERSON LLC 9147.6 $ 731.81 0.356900068 0.028552005 A
61-24-205-332-0008-00 935 JEFFERSON ST HAIRITAGE PROPERTIES LLC 3920.4 $ 313.63 0.152957172 0.012236574 A
61-24-792-000-0000-00 316 MORRIS AVE HINMAN LAKE LLC 186436.8 $ 4,000.00 7.27396329 0.581917063 A CAP
61-24-792-000-0001-00 316 MORRIS AVE HINMAN LAKE LLC 21344.4 $ - 0.832766825 0.066621346 A CONT. 316 MORRIS
61-24-205-563-0008-11 340 MORRIS AVE MUSKEGON GSA LLC 50094 $ 4,000.00 1.954452753 0.15635622 A CAP
61-24-205-563-0008-10 372 MORRIS AVE FOUNDRY SQUARE LLC 347173.2 $ 4,000.00 13.54520734 1.083616587 A CAP
61-24-233-000-0001-00 387 MORRIS AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 24829.2 $ 1,986.34 0.968728756 0.0774983 A
61-24-233-000-0002-00 401 MORRIS AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 24393.6 $ 1,951.49 0.951733515 0.076138681 A
61-24-205-174-0004-00 750 PINE ST BOLEN DAVID L 19602 $ 1,568.16 0.76478586 0.061182869 A
61-24-205-174-0008-00 772 PINE ST WITT LEE A TRUST 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-175-0021-00 777 PINE ST ELENBAAS HOLDINGS LLC 15681.6 $ 1,254.53 0.611828688 0.048946295 A
61-24-205-177-0005-00 794 PINE ST COREPARK INVESTMENTS LLC 21780 $ 1,742.40 0.849762067 0.067980965 A
61-24-205-176-0015-00 813 PINE ST NW AMERICA REAL ESTATE LLC 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-177-0007-00 820 PINE ST NW MILL REAL ESTATE LLC 26571.6 $ 2,125.73 1.036709721 0.082936778 A
61-24-205-176-0013-00 821 PINE ST NW AMERICA REAL ESTATE LLC 1742.4 $ 139.39 0.067980965 0.005438477 A
61-24-205-367-0011-10 1147 RD ST IIS PROPERTIES LLC 6098.4 $ 487.87 0.237933379 0.01903467 A
61-24-205-556-0001-00 149 SHORELINE DR HOT ROD HARLEY DAVIDSON 396831.6 $ 4,000.00 15.48266485 1.238613188 A CAP
61-24-205-562-0001-00 715 TERRACE ST MOKA CORPORATION 117612 $ 4,000.00 4.58871516 0.367097213 A CAP
61-24-205-175-0010-00 790 TERRACE ST BRIGGS RUBIN O 14810.4 $ 1,184.83 0.577838205 0.046227056 A
61-24-205-175-0015-00 806 TERRACE ST RIEGLER PROPERTIES LLC 14810.4 $ 1,184.83 0.577838205 0.046227056 A
61-24-205-175-0016-00 820 TERRACE ST CZM PROPERTIES LLC 12196.8 $ 975.74 0.475866757 0.038069341 A
61-24-205-330-0001-00 835 TERRACE ST CIHAK CHARLES W/LINDA B 8276.4 $ 662.11 0.322909585 0.025832767 A
61-24-205-176-0001-00 860 TERRACE ST FRONTIER COMMUNICATIONS 81892.8 $ 4,000.00 3.19510537 0.25560843 A CAP
61-24-205-175-0020-00 98 W CLAY AVE NIPOTE'S LLC 1742.4 $ 139.39 0.067980965 0.005438477 A
61-24-205-176-0003-00 103 W CLAY AVE EAST OF EDEN LLC 6098.4 $ 487.87 0.237933379 0.01903467 A
61-24-205-175-0018-00 118 W CLAY AVE FRONTIER COMMUNICATIONS 18295.2 $ 1,463.62 0.713800136 0.057104011 A
Copy of BID 2021-2023 special assessments.xls
2
ASS'MT % OF ASSESSED ASS'MT BASED
PARCEL NO. ADD. # STREET NAME OWNER AREA (SF) AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-205-176-0005-00 121 W CLAY AVE JILLIAN & JORDAN LLC 4791.6 $ 383.33 0.186947655 0.014955812 A
61-24-205-330-0003-00 163 W CLAY AVE 165 CLAY LLC 5227.2 $ 418.18 0.203942896 0.016315432 A
61-24-205-330-0002-00 165 W CLAY AVE 165 CLAY LLC 4791.6 $ 383.33 0.186947655 0.014955812 A
61-24-205-330-0004-00 173 W CLAY AVE DOOM INVESTMENTS LLC 6534 $ 522.72 0.25492862 0.02039429 A
61-24-433-000-0004-00 296 W CLAY AVE EILEEN MARIE LLC 1306.8 $ 104.54 0.050985724 0.004078858 A
61-24-205-314-0008-00 464 W CLAY AVE SYBENGA DANIEL/RINSEMA SARAH 4356 $ 348.48 0.169952413 0.013596193 A
61-24-138-000-0104-00 297 W CLAY AVE 104 JANSKI LLC 28314 $ 2,265.12 1.104690687 0.088375255 A
61-24-205-351-0005-00 275 W MUSKEGON AVE SPIRIT SPE PORTFOLIO CA C-STORES LL 18295.2 $ 1,463.62 0.713800136 0.057104011 A
61-24-205-176-0012-00 66 W WEBSTER AVE NW AMERICA REAL ESTATE LLC 6098.4 $ 487.87 0.237933379 0.01903467 A
61-24-205-330-0010-00 136 W WEBSTER AVE 136 WEST WEBSTER AVENUE LLC 18730.8 $ 1,498.46 0.730795377 0.05846363 A
61-24-205-555-0001-00 100 W WESTERN AVE THEBO JOYCE M REVOCBLE LIVING TRUST 17424 $ 1,393.92 0.679809653 0.054384772 A
61-24-205-175-0001-00 111 W WESTERN AVE SINGLE TRIP PARTNERS LLC 27442.8 $ 2,195.42 1.070700204 0.085656016 A
61-24-205-175-0006-00 121 W WESTERN AVE FIRST GENERAL CREDIT UNION 16552.8 $ 1,324.22 0.645819171 0.051665534 A
61-24-234-000-0001-00 285 W WESTERN AVE PARKLAND MUSKEGON INC 11325.6 $ 906.05 0.441876275 0.035350102 A
61-24-233-000-0024-00 292 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 14374.8 $ 1,149.98 0.560842964 0.044867437 A
61-24-233-000-0015-00 295 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 8276.4 $ 662.11 0.322909585 0.025832767 A
61-24-233-000-0014-00 299 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 8276.4 $ 662.11 0.322909585 0.025832767 A
61-24-233-000-0013-00 307 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 16552.8 $ 1,324.22 0.645819171 0.051665534 A
61-24-233-000-0012-00 325 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 7840.8 $ 627.26 0.305914344 0.024473148 A
61-24-204-000-0000-00 333 W WESTERN AVE NEW TREND INVESTMENTS LLC 9147.6 $ 731.81 0.356900068 0.028552005 A
61-24-233-000-0006-00 350 W WESTERN AVE BLIND PIG PROPERTIES LLC 4791.6 $ 383.33 0.186947655 0.014955812 A
61-24-233-000-0007-01 351 W WESTERN AVE DOWNTOWN MUSKEGON DEVELOPMENT CO 7405.2 $ 592.42 0.288919103 0.023113528 A
61-24-233-000-0005-00 356 W WESTERN AVE CENTURY CLUB DEVELOPMENT LLC 5662.8 $ 453.02 0.220938137 0.017675051 A
61-24-233-000-0004-00 360 W WESTERN AVE RUSSELL BLOCK DEVELOPMENT LLC 7840.8 $ 627.26 0.305914344 0.024473148 A
61-24-233-000-0025-00 376 W WESTERN AVE RUSSELL BLOCK DEVELOPMENT LLC 3049.2 $ 243.94 0.118966689 0.009517335 A
61-24-233-000-0008-00 379 W WESTERN AVE SIDOCK PROPERTIES LLC 22651.2 $ 1,812.10 0.883752549 0.070700204 A
61-24-432-000-0005-00 380 W WESTERN AVE FRESHER START LLC 10454.4 $ 836.35 0.407885792 0.032630863 A
61-24-205-566-0009-00 428 W WESTERN AVE 939 THIRD STREET LLC 11761.2 $ 940.90 0.458871516 0.036709721 A
61-24-205-313-0005-00 441 W WESTERN AVE PH HOLDING LLC 12196.8 $ 975.74 0.475866757 0.038069341 A
61-24-205-566-0013-00 442 W WESTERN AVE G & Z PROPERTIES LLC 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-566-0014-00 446 W WESTERN AVE 446 W WESTERN AVE LLC 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-567-0001-10 450 W WESTERN AVE 450 W WESTERN LLC 9583.2 $ 766.66 0.373895309 0.029911625 A
61-24-205-313-0006-00 451 W WESTERN AVE COREPARK INVESTMENTS LLC 9583.2 $ 766.66 0.373895309 0.029911625 A
61-24-205-314-0001-00 471 W WESTERN AVE LAKESHORE MUSEUM CENTER 3049.2 $ 243.94 0.118966689 0.009517335 A
61-24-205-314-0001-10 477 W WESTERN AVE HISSOM PROPERTIES LLC 2613.6 $ 209.09 0.101971448 0.008157716 A
61-24-205-314-0002-00 479 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 6534 $ 4,000.00 0.25492862 0.02039429 A CAP
61-24-205-314-0002-00 479 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 1306.8 $ - 0.050985724 0.004078858 A CONT. 479 W WESTERN
61-24-205-314-0003-00 489 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 22215.6 $ - 0.866757308 0.069340585 A CONT. 479 W WESTERN
61-24-205-567-0001-20 490 W WESTERN AVE PORT CITY CIO BLDG 7405.2 $ 592.42 0.288919103 0.023113528 A
61-24-205-314-0005-00 495 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 9583.2 $ - 0.373895309 0.029911625 A CONT. 479 W WESTERN
61-24-205-567-0001-40 500 W WESTERN AVE 500 WEST WESTERN AVE LLC 10018.8 $ 801.50 0.390890551 0.031271244 A
61-24-205-314-0006-00 505 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 10018.8 $ - 0.390890551 0.031271244 A CONT. 479 W WESTERN
61-24-205-315-0001-00 521 W WESTERN AVE BABBITT E C/P R TRUST 14374.8 $ 1,149.98 0.560842964 0.044867437 A
61-24-205-315-0003-00 545 W WESTERN AVE HERITAGE MEMORIAL GARDEN 12632.4 $ 1,010.59 0.492861999 0.03942896 A
61-24-205-315-0004-00 555 W WESTERN AVE INGALLS REAL ESTATE ACQUISITION LLC 11325.6 $ 906.05 0.441876275 0.035350102 A
61-24-205-315-0005-10 557 W WESTERN AVE ESTHER ENTERPRISES LLC 871.2 $ 69.70 0.033990483 0.002719239 A
61-24-205-315-0006-00 563 W WESTERN AVE 3M INVESTMENTS LLC 10018.8 $ 801.50 0.390890551 0.031271244 A
61-24-205-316-0001-00 587 W WESTERN AVE EBEE PROPERTIES LLC 12196.8 $ 975.74 0.475866757 0.038069341 A
Copy of BID 2021-2023 special assessments.xls
3
ASS'MT % OF ASSESSED ASS'MT BASED
PARCEL NO. ADD. # STREET NAME OWNER AREA (SF) AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-205-316-0004-00 591 W WESTERN AVE NORTH EAST BUSINESS ASSOC LLC 3049.2 $ 243.94 0.118966689 0.009517335 A
61-24-205-316-0005-00 593 W WESTERN AVE MULDER WESTERN AVE LLC 10454.4 $ 836.35 0.407885792 0.032630863 A
61-24-205-316-0007-00 605 W WESTERN AVE WESTERN AVE LLC 3484.8 $ 278.78 0.135961931 0.010876954 A
61-24-205-316-0008-00 607 W WESTERN AVE WESTERN AVE LLC 4356 $ 348.48 0.169952413 0.013596193 A
61-24-205-316-0009-10 609 W WESTERN AVE EMP LLC 2613.6 $ 209.09 0.101971448 0.008157716 A
61-24-205-318-0001-10 683 W WESTERN AVE GRAND TRUNK LLC 2178 $ 174.24 0.084976207 0.006798097 A
61-24-205-314-0001-20 W WESTERN AVE TRILLIUM 505PARK OWNER LLC 2613.6 $ - 0.101971448 0.008157716 A CONT. 479 W WESTERN
61-24-233-000-0007-02 351 W WESTERN AVE EAST 351 W WESTERN LLC 7405.2 $ 592.42 0.288919103 0.023113528 A
61-24-233-000-0024-02 W WESTERN AVE UNIT 24B DOWNTOWN MUSKEGON DEVELOPMENT CO 28749.6 $ 2,299.97 1.121685928 0.089734874 A
61-24-233-000-0007-03 351 W WESTERN AVE WEST 351 W WESTERN LLC 6969.6 $ 557.57 0.271923861 0.021753909 A
SQUARE FOOTAGE ASSESSED: 2563070.4 $ 116,630.75
TOTAL OF ASSESSMENTS
ASSESSMENT AMOUNT
CLASS AMT PER SF MAX CAP
A 0.08 $4,000.00
Copy of BID 2021-2023 special assessments.xls
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/8/20 Title: Amendment to the Zoning Ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2331 of the zoning ordinance to include Districts 4 and 5,
excluding 863 and 885 E Apple, into the marihuana facilities overlay district.
Detailed Summary: Second reading that includes the approval of Districts 4 and 5, excluding 863
and 885 E Apple, because of a typo on the first reading.
Staff will also be recommending a first hearing on expanding the district to include the proper
addresses of 863 and 885 E Apple.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to include districts 4 and 5 as presented, excluding
863 and 885 E Apple.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Marihuana Facilities Overlay District to include several other properties.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The following properties will be added to the Marihuana Facilities Overlay District – 623 W Clay, 639 W Clay, 920
Washington Ave, 796 E Apple Ave, 981 S Getty St, 935 S Getty St.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 8th day of September 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.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 25, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend the zoning ordinance to include 623 W Clay, 639 W Clay, 920 Washington Ave,
796 E Apple Ave, 981 S Getty St, 935 S Getty St. into the Marihuana Facilities Overlay District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 9/8/20 Title: Amendment to the Zoning Ordinance
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2331 of the zoning ordinance to include 863 and 885 E Apple
Ave into the marihuana facilities overlay district.
Detailed Summary: First reading that includes adding 863 and 885 E Apple into the marihuana
facilities overlay district. These addresses were left out of the second reading of the first request
because of a typo that listed them as being on Laketon Ave instead of Apple Ave.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
include 863 and 885 E Apple.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Marihuana Facilities Overlay District to include 863 and 885 E Apple Ave.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The following properties will be added to the Marihuana Facilities Overlay District – 863 E Apple Ave and 885 E Apple
Ave.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 8th day of September 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.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 25, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend the zoning ordinance to include 863 and 885 E Apple Ave into the Marihuana
Facilities Overlay District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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