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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 13, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. New Affordable Housing Project Approved Planning & Economic
Development
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
B. Approval of Minutes City Clerk
C. Election Purchases – Grant Expenditures City Clerk
D. Prized Steelhead Sculpture Purchase City Manager
E. Social District Permit Recommendation Economic Development
F. Amendment to Bonding Resolution Finance
G. General Fund Transfers for FY 2019-20 Finance
H. Coronavirus Aid, Relief, and Economic Security Act (CARES Act)-CDBG
COVID 19 Finding, Total Allocation Community & Neighborhood
Services
I. Update to the Lot Sale Policy Planning
J. NEZ Certificate for 318 Terrace Point Planning
K. Risers Indoor Soccer Club Contract Finance
L. Ratification and Confirmation of Commission Actions since April 30, 2020
City Attorney
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M. Streamlining Brownfield Plan Amendment Public Hearing Process
Economic Development
N. Addition to the Fee Schedule – Mobile Food Vending Zoning Approval
Planning
O. Filtration Plant Transit Van DPW/Equipment
P. High Service Pump Rebuilt DPW/Filtration
Q. Musketawa Trail Connector Resolution Public Works
R. Beach Street Utility Special Assessment Public Works
S. Traffic Control Orders DPW/Traffic & Engineering
T. Aamodt Park Improvements Public Works
□ PUBLIC HEARINGS:
A. Business Improvement District Public Hearing Economic Development
B. IFT Transfer at 2420 Remembrance Drive Planning
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the September 22, 2020 Regular Meeting and the
September 29, 2020 Special 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
SEPTEMBER 22, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
REMOTE MEETING
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, September 22, 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: Public comments were received.
2020-66 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQEUST: To approve the minutes of the August 31, 2020 Special
Worksession meeting and the September 8, 2020 Regular City Commission
meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. MERS Representatives Finance
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
official employee representative attending the MERS conference will be Josh
DeHoag from the Police Unit.
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It is recommended that Kenneth Grant (Assistance Finance Director) be
designated as the City’s employer delegate.
STAFF RECOMMENDATION: Certification of Kenneth Grant and Josh DeHoag
to be the City’s officer and employee delegates at the virtual MERS annual
business meeting on September 24, 2020.
C. Alum Rapid Mixer Public Works – Filtration
SUMMARY OF REQUEST: Filtration plant is requesting approval to procure
custom designed new rapid mixer from Fusion Fluid Equipment to replace the
current mixer.
Filtration Plant had two rapid mixers from Texas based firm Mastrrr to feed alum
and were prone to frequent failure of bearings. Two years ago, we contacted
Fusion Fluid, a local firm, to provide a custom designed solution with
replaceable parts. The new mixer was procured and installed in January 2019
and has been running well. Plant is requesting to procure one more custom
designed unit to replace the remaining Mastrrr mixer at a cost of $23,793. The
funding will come from budgeted item for Water Filtration Plant – WMRWA
Eligible in the 20/21 Budget for $500,000.
AMOUNT REQEUSTED: $23,793 AMOUNT BUDGETED: $500,000
FUND OR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to procure mixer from Fusion Fluid
Equipment at cost of $23,793.
F. Amendment to the Zoning Ordinance Planning
SUMMARY OF REQUEST: Staff-initiated request to amend the Form Based Code,
Urban Residential section of the zoning ordinance to restrict three and four unit
homes to parcels that have an alley or other recorded rear access easement
for vehicles.
STAFF RECOMMENDATION: To approve the rezoning request.
J. Lakeside Corridor Improvement Authority Economic Development
SUMMARY OF REQUEST: The Lakeside BID Board and the Lakeside District
Association have requested that the City allow the establishment of a Corridor
Improvement Authority, pursuant to Public Act 57 of 2018.
The Lakeside Business Improvement District Board has recommended a special
assessment amount to fund BID improvements in the Lakeside Corridor, but
would like to establish a TIF District to eventually replace the extra assessment on
property owners in that corridor. This compromise was originally discussed in
2019, prior to the approval and creation of the Lakeside BID. The CIA would act
similarly to the Downtown Development Authority, collecting TIF funds that
would be used to make improvements, maintain streetscaping and
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landscaping, and to promote the business corridor. In your packet is a resolution
of intent that begins the public hearing and notice process to establish the CIA.
Staff has also provided an information packet on Corridor Improvement
Authorities, their operations, and what they can statutorily use their funding to
do. The Resolution of Intent provided in the packet would begin the process and
staff would complete all required publications and postings prior to the hearing
at the second regular meeting in October.
STAFF RECOMMENDATION: To approve the Resolution of Intent to Establish a
Lakeside Corridor Improvement Authority and schedule the required public
hearing as presented.
N. Social District Permit Recommendation Economic Development
STAFF RECOMMENDATION: 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 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 eight such requests at your August 25 and September 8 meetings. The
attached resolution is for Smash Wine Bar which is 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.
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.
O. Election Grant City Clerk
SUMMARY OF REQUEST: The City of Muskegon has received an Election Grant
from the Center for Tech and Civic Life that requires no match. Staff is
requesting to purchase items as spelled out in the grant for Election use.
We are investigating the cost of additional needed services/items related to
Elections and a detailed report will be given to Commission at a later date.
The grant specifically indicates the funds may be used for Elections only and the
existing budget for Elections may not be reduced. Funds must be spent by
December 31st of this year. The grant indicates we will be receiving $433,580. We
are currently confirming this amount.
The grant is to purchase a high-speed tabulator, standard tabulator, Election
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booths, computers for precincts, meals for workers, signage, and marketing of
the Election including billboards, radio, and television ads. We are also
investigating the possibility of drive-up voting as well as mobile
voting/registration and other activities. The grant also stipulates that the funds
can be used as hazard pay for Election Workers. We would request a one-time
increase of $5 per hour for Election staff and Election workers.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Ramsey to
approve the consent agenda as presented, except item D, E, G, H, I, K, L and M.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-67 REMOVED FROM CONSENT AGENDA:
D. Muskegon Fire Department Boat Motor Replacement Public Safety
SUMMARY OF REQUEST: Unit 73 (Rescue/Recovery Boat) has experienced
outboard motors problems for some time. The motors were NOT reliable and
spent time in the shop during the summer months. Baker Marine advised that the
starboard motor had a piston malfunction and was not worth fixing due to the
fact that engine is 20 years old. A new dual motor system was recommended to
replace our current twin Mercury Optima 150hp outboards. We will also sell
and/or trade in the existing motors that may reduce the overall cost of the
replacement project. I recommend at this time that the motors be purchased,
installed and serviced by Sports Fisherman’s of Muskegon.
AMOUNT REQUESTED: $28,186
FUND OR ACCOUNT: 101-50336-5770
STAFF RECOMMENDATION: Approve the purchase request for two boat
motors.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to approve the purchase request for two boat motors.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
E. Muskegon Fire Department Engine Purchase Public Safety
SUMMARY OF REQUEST: The Fire Department is currently in need of a second
reserve engine. We are requesting the approval for the purchase of a pre-
owned 2001 Spartan/KME fire apparatus to replace Reserve Engine 22. An
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inspection was completed and staff recommended the purchase of this
apparatus to enhance our capabilities at Fire to provide a dependable Reserve
Engine when a frontline engine is in need of repair. Inspecting Fire Staff advised
this asking price was fair. Please review the attached picture and description
from Deputy Director Paulson.
AMOUNT REQUESTED: $35,000
FUND OR ACCOUNT: 101-50336-5720
STAFF RECOMMENDATION: Purchase approval for a used Fire Engine from
Saginaw Township Fire Department.
Motion by Commissioner Johnson second by Commissioner German to approve
the purchase of a used Fire Engine from Saginaw Township Fire Department.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
G. Amendment to the Zoning Ordinance – Marihuana Overlay District
Planning – SECOND READING
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2331 of the
zoning ordinance to include 863 and 885 E Apple Avenue into the marihuana
facilities overly district. Second reading to include 863 and 885 E Apple into the
marihuana facilities overly district.
STAFF RECOMMENDATION: To amend Section 2331 of the zoning ordinance
to expand the marihuana facilities to include 863 E. Apple and 885. E Apple
Avenue for provisioning, retail, and microbusiness use.
Motion by Commissioner German second by Commissioner Johnson to amend
Section 2331 of the zoning ordinance to expand the marihuana facilities overlay
district to include 863 E. Apple Avenue for provisioning, retail and microbusiness
use.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Gawron, and Hood
Nays: Emory, Johnson, and Ramsey
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga second by Commissioner Emory to
amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to include 885 E. Apple Avenue for provisioning, retail and
microbusiness use.
ROLL VOTE: Ayes: Rinsema-Sybenga and Gawron
Nays: Emory, Johnson, Hood, Ramsey, and German
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MOTION FAILS
H. 1601 Beach Lease Amendment Development Services
SUMMARY OF REQUEST: Staff is seeking direction on an amendment to the
current lease with 1601 Beach LLC to further extend the boundary of the land
being leased for The Deck at Pere Marquette Park.
The owners of 1601 Beach LLC are planning an additional expansion to their
restaurant, The Deck. The expansion is south of the recent expansion toward the
walkway to the pier and will include relocating the stage to reduce noise
impacts on the neighborhood, two additional bars, a new snack bar, a gear
shop, and revised concrete entrance at the south end of the existing building. In
order to proceed with the expansion, the lease agreement needs to be
modified to account for the additional land associated with the expansion.
STAFF RECOMMENDATION: To approve/deny the lease amendment with
1601 Beach LLC and authorize the mayor and clerk to sign.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to approve the lease amendment with 1601 Beach LLC and authorize the Mayor
and Clerk to sign.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
I. Lakeside BID Special Assessment Recommendation Economic
Development
SUMMARY OF REQUEST: The Lakeside BID Board has voted to petition the City
Commission to establish a Special Assessment District inclusive of all commercial
parcels in the BID in order to raise funds for public maintenance and
improvements.
The Lakeside Business Improvement District Board has recommended a special
assessment amount to fund BID improvements in the Lakeside Corridor for a
period of 3 years, with potential to renew the assessment at the end of the term
depending on the amount of TIF capture by their desired Corridor Improvement
Authority. The attachments to this cover sheet reflect the costs per square foot
of every address in the BID, as well as a map outlining the BID district approved
by the Commission last year. The total anticipated capture of this assessment is
$24,011.03, which will be used by the BID Board to provide for winter
maintenance of sidewalks, plowing, landscaping, maintenance, and marketing
materials for the district. The attached Resolution of Intent to create the special
assessment district will start the process, and staff will complete all required
publications and postings prior to the proposed hearing date of October 27th
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during the regular commission meeting.
STAFF RECOMMENDATION: To approve the Resolution of Intent to Establish a
Special Assessment District in the Lakeside BID and schedule the required public
hearing for October 27th during the Regular Commission Meeting.
Motion by Mayor Gawron second by Commissioner Rinsema-Sybenga to
approve the Resolution of Intent to Establish a Special Assessment District in the
Lakeside BID and schedule the required public hearing for October 27th during
the Regular Commission Meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
K. Jackson Hill Infill Housing Development Economic Development
SUMMARY OF REQUEST: Now that the necessary lots have been added to the
Brownfield Redevelopment Plan, local developer/contractors Rudy and Greg
Briggs are interested in utilizing a Brownfield TIF to construct single family homes
for the city in order to increase value and stabilize the primarily residential
Jackson Hill neighborhood. They have submitted firm bids and propose acting
as the builder and developer on behalf of the City, which will remain the owner
of the lots and partner with Mr. Briggs to market the homes.
Since mid-2019, Economic Development Department staff have been working
with Rudy and Greg Briggs on potentially utilizing our Brownfield TIF Program to
develop and market single family homes in the Jackson Hill Neighborhood. Most
importantly, the focus of this program has been to identify, empower, and retain
developers of color to benefit from some of the same incentive programs we
have been utilizing to great effect. This evening I would request that the
Commission authorize staff to work with the Community Foundation for
Muskegon County make a PROGRAM RELATED INVESTMENT of $355,000 to
undertake construction of the first two homes in this multi-year development
project. The City would also loan $75,000 from its Economic Development
Revolving Loan Fund, the CFFMC would be repaid upon of the sale of the
homes. The City would be repaid with tax increment financing. Attached are
the proposed development agreement as drafted by the City Attorney, the
map featuring the locations of the first two homes (highlighted in RED), the
design criteria of the proposed homes, and the firm bids by the developers.
AMOUNT REQUESTED: $75,000 AMOUNT BUDGETED:N/A, CFFMC FUNDS
FUND OR ACCOUNT: ED Revolving Fund
STAFF RECOMMENDATION: To approve the Development Agreements for
new home construction between the City of Muskegon and Rudy Briggs, and to
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authorize the Community Foundation for Muskegon County to release funds
from the City’s Donor Advised Fund as presented.
Motion by Commissioner German second by Commissioner Rinsema-Sybenga,
to approve the Development Agreements for new home construction between
the City of Muskegon & LRS Enterprises and authorize Economic Development
Funds for $75,000.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
Johnson
Nays: None
MOTION PASSES
L. 2189 Larue Lot Sale City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to include 2183 Larue
in the infill housing program and authorize the sale of the vacant city lot for the
construction of a custom single-family home.
The lot has been vacant for many years. Our records indicate that the city
purchased the lot for $0 following tax foreclosure in 2010. The neighbor at 2183
has recently demonstrated interest in purchasing the lot to construct a garage.
Staff believes the better use of the lot would be the construction of a new single-
family home. The interested neighbor seems satisfied with the sale as long as it is
for an owner-occupied new home. The new owner was originally looking to
build as part of Midtown Square Phase 2, but could not find a vacant lot that
met his needs/ expectations. It is usual/customary for us to provide access to our
list of city-owned sites for home builders. Mr. Dusendang used that list to find the
lot at 2189 Larue; his client approved of the location, and they are moving fast
to construct the home. This house will be sold at actual cost, and not subsidy will
be necessary; its inclusion in the scattered site brownfield will help offset the
costs of other housing construction.
STAFF RECOMMENDATION: Add 2189 Larue to the West Urban Properties Infill
Housing Development Agreement, and authorize the lot sale under the same
terms as the other building sites.
Motion by Commissioner Emory second by Commissioner Rinsema-Sybenga to
add 2189 Larue to the West Urban Properties Infill Housing Development
Agreement, and authorize the lot sale under the same terms as the other
building sites.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Johnson, and
Gawron
Nays: Emory
MOTION PASSES
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M. Lakeview Lofts Phase II Bridge Loan Economic Development
SUMMARY OF REQUEST: On July 28, 2020, the City Commission authorized the
issuance of a short-term bridge loan to support Lakeview Loft’s Phase II. Staff is
seeking permission to convert the bridge loan into a traditional loan with an 84-
month amortization schedule.
As staff worked through the due diligence associated with the bridge loan for
Phase 2, a number of discussions took place with the original Phase 1 secured
debtors. The Community Foundation is one of those debtors that would need to
agree to allow Phase 2 to proceed with the City’s bridge loan being repaid
ahead of their collateralized loan for Phase 1. The Community Foundation’s
leadership has an interest in reducing their investment in Phase 1 to open up
new investment opportunities for their funds related to social equity. To solve this
issue, staff is asking that instead of repaying the bridge loan upon closing of the
senior debt on Phase 2, the $450,000 would go toward the CFFMC Loans
($300,000 to the Westgate Fund and $150,000 to the City’s cemetery perpetual
care fund). The City would then hold a new $450,000 position on Phase 1. The
developers have agreed to $12,000 in interest accrual through March 2022;
beginning April 1, 2022, the loan will be repaid on an 84-month amortization at
5% interest. Monthly payments would be $6,529.87; total interest income would
be $98,509.
AMOUNT REQUESTED: $450,000 AMOUNT BUDGETED: CAPITAL FUND
FUND OR ACCOUNT: ED REVOLVING FUND
STAFF RECOMMENDATION: Motion to rescind to Economic Development
Loan previously granted to 351 II LLC, and replace it with a loan in the $450,000
to be repaid in equal monthly payments starting April 1, 2022, and ending
March 1, 2029; interest rate to be 5%; monthly payment to be $6,529.87.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to rescind the Economic Development Loan previously granted to 351 II LLC, and
replace it with a loan in the $450,000 to be repaid in equal monthly payments
starting April 1, 2022, and ending March 1, 2029; interest rate to be 5% monthly
payment to be $6,529.87. Security for the loan is from Phase I only.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood
to call the question.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Gawron, Hood, and
Ramsey
Nays: Emory and Johnson
MOTION PASSES
ROLL VOTE: Ayes: Ramsey, Rinsema-Sybenga, Gawron, and Hood
Nays: German, Emory, and Johnson
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MOTION PASSES
2020-68 UNFINISHED BUSINESS:
A. Sale of Vacant Lot – 1867 Hoyt Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
vacant lot at 1867 Hoyt Street to Kirsten A. Bremer Trust of 1875 Hoyt Street.
The City Property Sale Policy requires that buildable lots should only be sold for
new home construction. The adjacent property owner would like to use it to only
build a garage. Staff recommends against the sale as it is an attractive
redevelopment lot adjacent to Moon School and the McLaughlin Grow garden.
Also, there is enough room on the applicant’s current properly to construct a
garage.
The City obtained this property from the State of Michigan through the tax
reversion process in 2003. The adjacent property owner would like to buy this
property to combine with their adjacent property to construct a garage on it
within 1 year of closing. The sale price is $3,450.00 plus costs associated with the
closing and registering the deed.
STAFF RECOMMENDATION: Authorize the City Mayor and Clerk to sign the
Purchase Agreement and deed and allow staff to complete the property sale.
Motion by Commissioner Johnson second by Vice Mayor Hood to authorize the
City Mayor and Clerk to sign the Purchase Agreement and deed to allow Staff to
complete the property sale.
ROLL VOTE: Ayes: Emory, Johnson, and German
Nays: Rinsema-Sybenga, Gawron, Hood, and Ramsey
MOTION FAILS
2020-69 NEW BUSINESS:
A. Jackson Hill, McLaughlin & Angell Rezonings Planning
SUMMARY OF REQUEST: Staff-initiated requested to rezone all single-family (R-1,
R-2, R-3) and duplex (RT) parcels in the McLaughlin, Angell and Jackson Hill
neighborhoods to Form Based Code, Urban Residential (FBC-UR).
The Planning Commission voted 8-1 to recommend approval to the City
Commission.
STAFF RECOMMENDATION: To approve the request to rezone all single-family
(R-1, R-2, R-3) and duplex (RT) parcels in the McLaughlin, Angell and Jackson Hill
neighborhoods to Form Based Code, urban Residential (FBC-UR).
Motion by Commissioner Rinsema-Sybenga second by Commissioner Ramsey to
approve the request to rezone all single-family (R-1, R-2, R-3) and duplex (RT)
parcels in the McLaughlin, Angell and Jackson Hill neighborhoods to Form
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Based Code, Urban Residential (FBC-UR)
Motion by Commissioner German second by Commissioner Ramsey to
table this item and mail notices to all residents/property owners in the
affected area.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Mayor Gawron suggested a waiver of the $5 fee for lead service for customers
with irrigation metering. The Public Works Director, Leo Evans, is under the
impression that the City Treasurer was able to add the irrigation metering line
item to the customers regular bill. This is to be confirmed.
Commissioner Ramsey shared some news as the liaison to the Downtown Arts
Council. The “Prized Steelhead” art sculpture by Sherri Balaskovitz is being
considered for purchase, several organizations as well as the Muskegon
Chamber has raised some funds to purchase and install this piece and will be
asking for a contribution from the City to make this possible.
Commissioner Ramsey spoke about the need for policy and procedure review
and revision.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 11:02 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 29, 2020 @ 7:30 A.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
Special Meeting
Minutes
Present: Mayor Stephen Gawron, Vice Mayor Eric Hood and Commissioners
Teresa Emory, Ken Johnson, Willie German, Jr., Dan Rinsema-Sybenga, and
Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
Absent: None
PUBLIC COMMENT ON AGENDA ITEMS: Public Comments were received.
2020-70 150TH Celebration Financials
SUMMARY OF REQUEST: City Staff is sharing financial information related to the
150th Celebration. Commission action to-date has budgeted $250,000 for
expenses and $20,000 for revenues associated with the event. The Commission
approved deficit for the event was $230,000. Actual net expenditures for the
event totaled -$120,033. Staff IMPROVED on the Commission-approved budget
by $110,000.
Commissioner Johnson launched an inquiry into the 150th Celebration after
mistakenly reading the budget. Mr. Johnson inadvertently added columns
together that should not have been added. A full explanation from the City
Manager is attached.
STAFF RECOMMENDATION: To accept the results of the internal audit of the 150th
Celebration and end all formal inquiries into the City’s various funds.
Motion by Commissioner Rinsema-Sybenga second by Commissioner German,
to accept the results of the internal audit of the 150th Celebration and end all
formal inquiries into the City’s various Funds.
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ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, Hood, and Ramsey
Nays: German, Emory, and Johnson
MOTION PASSES
2020-72 Farmers Market Deficit
SUMMARY OF REQUEST: Staff recently learned that the Farmers Market NET
position greatly underperformed City Commission approved budget for FY 2019-
20. At the same time, staff learned that the NET position of the fund was trending
to greatly under-perform current budgeted figures for FY 2020-21. Staff is seeking
additional funding to operate the Farmers Market through June 30,2021.
Staff made the decision to begin cutting costs at the Farmers Market
immediately upon receiving a report from the Finance Department that
indicated that the fund was grossly underperforming the Commission-approved
budget. In the recent past, as City Manager, I would have used my discretion to
approve the expenses and wait for a Commission meeting to address the
shortfall. With this situation coming on the heels of the Commission calling for the
review of funds/expenses from previous fiscal years to look for unapproved
spending, and the previous results of the Coronavirus Economic Relief effort, I
felt that I could follow no other course than to significantly reduce the spending
at the Market immediately. The expectation is to address this at the City
Commission Meeting.
AMOUNT REQUESTED: $150,000
FUND OR ACCOUNT: General Fund
STAFF RECOMMENDATION: To authorize the transfer of $45,000 from the
General Fund to offset costs related to the Farmers Market in FY 2019-20 and an
additional $105,000 to offset costs related to the Farmers Market in FY 2020-21.
Motion by Commissioner Johnson second by Commissioner Ramsey to authorize
the transfer of $45,000 from the General Fund to offset costs related to the
Farmers Market in FY 2019-20 and an additional $105,000 to offset costs related
to the Farmers Market in FY 2020-21.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2020-73 Election Grant Expenditures To-Date
SUMMARY OF REQUEST: City Commissioners previously authorized the City Clerk
to expend all Election Grant Funds in the amount of $433,580. Staff wanted to
bring Commission up-to-date on purchases made thus far in the amount of
$190,915.60.
Page 2 of 4
Several other purchases/marketing expenses are in process and we will update
the Commission at the next meeting.
At this time, we have purchased the following:
Hart High Speed Tabulator - $98,335
6 carts for ballots - $719.88
200 voting booths - $25,982
Chair and mechanics to lift desks from Lakeshore Furniture - $2,438.72
16 laptops from Dell - $16,768
Marketing Coordinator Carla Flanders - $6,000
Lamar Billboards - $10,420
Trailer - $19,849
Election Worker Shirts - $5,080
Replacement Drop Box by Police Department - $3,888
Adams Outdoor Billboards - $1,435
In addition, we have used many Election Workers the past week to process
absentee ballots and purchased lunches for them as well. We do not have a
total on this expenditure yet, but will in the future – most likely after the Election.
AMOUNT REQUESTED: $190,915.60 AMOUNT BUDGETED: $433,580
STAFF RECOMMENDATION: To acknowledge and approve the purchases
made in the amount of $190,915.60 for the November Election as authorized by
the Commission on September 22, 2020.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Emory to
acknowledge and approve the purchases made in the amount of $190,915.60
for the November Election as authorized by the Commission on September 22,
2020.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
2020-73 Closed Session – Consider Periodic Personnel Evaluation of City
Manager as it Relates to the Covid 19 Economic Stimulus Package
Launched in March 2020
Motion by Commissioner German second by Commissioner Ramsey to go into
closed session to consider periodic personnel evaluation of city manager as it
related to the Covid-19 Economic Stimulus Package launched in March 2020.
Page 3 of 4
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga second by Commissioner Ramsey to
come out of closed session. – All in favor.
MOTION PASSES
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga
to pursue mediation, pursue a deputy director and social media engagement
specialist, and to schedule monthly meetings with the City Manager.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
Public Comment: No public comments were received.
Adjournment: The City Commission meeting adjourned at 12:39 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: Election Purchases Grant -
Expenditures
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: City Commissioners previously authorized the City Clerk to expend all Election
Grant Funds in the amount of $433,580. Staff wanted to bring Commission up-to-date on
purchases made thus far in the amount of $42,784.18
Several other purchases/marketing expenses are in process and we will update the Commission at
the next meeting.
Detailed Summary: At this time, we have purchased the following:
effectv -Comcast- $3,000.50
Outfront - Geocaching, - $1000.00
Lakeshore Creative Services – Online Ads - $1,000
WZZM, Fox, Wood TV Commercials - $10,400
Iheart, Cumulus, WUVS-The Beat - $7,660
Mlive - $3,151
Cisco Phones with Headsets for office - $940.80
Trailer generator $949
Lights for Precinct 3 & 4 $516
Walkie Talkies for Drive Thru Voting - $492.87
6 scanners for precincts $466.81
Election Source $2,291.76
Computer cords & USB’s for Precincts - $347
Overhead Door in Clerk’s Office - $10,425
PPE Supplies - $143.44
Amount Requested: $42,784.18 Amount Budgeted: $433,580
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To acknowledge and approve the purchases made in the amount of
$42,784.18 for the November Election as authorized by the Commission on September 22, 2020.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: Prized Steelhead Sculpture Purchase
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking permission to utilize a portion of the proceeds from the beach
parking program to purchase the “Prized Steelhead” sculpture currently displayed in front of the
Oltoff Stage for $4,000.
Detailed Summary: The Muskegon Lakeshore Chamber of Commerce commissioned a number of
public art pieces as part of the 2020 Lakeshore Art Festival. Although the festival was cancelled
due to COVID-19, the art pieces were still installed around the downtown. This piece was
completed by Muskegon city resident Sherri Balaskovitz. The original commission price was
$9,500. Thanks to other donors and a reduction from the artist, we are able to purchase the piece
for $4,000. Staff intends to install the art piece along the channel to help welcome boaters into
Muskegon Lake. There will likely be other insignificant costs associated with the installation- the
Department of Public Works will handle that work internally.
Amount Requested: $4,000 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the purchase of the Prized Steelhead at a cost not to exceed
$4,000.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
380 West Western Suite 202
Muskegon, MI 49440
PHONE (231) 724-3177
FAX (231) 728-7251
www.muskegon.org
Mr. Franklin Peterson
DATE: 09/23/2020
City of Muskegon
933 Terrace Street INV. NO.: 80459
Muskegon, MI 49440
ACCOUNT NO.: 241
TERMS: Net Due
DESCRIPTION DATE DUE AMOUNT
Contribution for "Prize Steelhead" sculpture, to be located 09/23/2020 4,000.00
at Margaret Drake Elliott Park / Channel Park
Artist: Sherri Balaskovitz
09/23/2020 to 09/23/2020
Please make checks payable to: Total 4,000.00
Muskegon Lakeshore Chamber of Commerce 0.00
Amt Paid
Investment payments are deductible as an ordinary and necessary business
expense. Balance Due 4,000.00
Appreciate your business.
INVOICE MEMO:
Note: Please make check payable to Muskegon Lakeshore Chamber Foundation, a 501(c)(3) charitable
organization.
ACCOUNT NO.: 241 INV. NO.: 80459 To pay with VISA/Master Card, complete below:
Billing Address for Card:
Amount Due: $4,000.00
Amount to Charge:
Mr. Franklin Peterson
City of Muskegon Card #:
933 Terrace Street
3 digit code from back of card:
Muskegon, MI 49440
Expiration Date:
Signature:
Name (Print)
MUSKEGON LAKESHORE CHAMBER OF COMMERCE
380 WEST WESTERN SUITE 202, MUSKEGON, MI 49440 - PHONE: (231) 724-3177 - FAX: (231) 728-7251
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10-13-2020 Title: Social District Permit recommendation
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 eight such requests at your Aug.
25 and Sept. 8 meetings. The attached resolution is for Topshelf Liquor Bar & Pizza and Dr. Rolf’s
Barbeque 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 APPROVAL
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 at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
on the 13th day of October, 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. JPN III LLC, dba/Topshelf Liquor Bar & Pizza, 500 W. Western Ave.
b. Dr. Rolf’s Barbeque LLC, 477 W. Western Ave.
c.
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.
Stephen J Gawron, Mayor
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 October 13, 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 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: October 13, 2020 Title: Amendment to Bonding Resolution
Submitted By: Beth Lewis Department: Finance
Brief Summary: To approve an amendment to the Resolution Authorizing Issuance of 2020 Capital
Improvement Bonds originally approved on September 8, 2020. The amendment authorizes bonds
to be issued in more than one series and be either taxable or tax exempt. The total authorization of
up to $8,000,000 is unchanged.
Detailed Summary: After additionally research by our Bond Counsel the refinancing of the roof and
heating, ventilation and cooling improvements at the Mercy Health Arena can’t be done with tax
exempt bonds. The City is the owner of Arena however we lease a substantial amount of space to
for profit entities making tax exempt bonds not possible at the Arena. So as to not change the
scope of the bonds, two series instead on one will need to be issued. The exact amount of each
series will not be known until we get closer to sale date. The amount of the two series will not
exceed $8,000,000.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendment to the Resolution Authorizing Issuance of
2020 Capital Improvement Bonds.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
AMENDMENT TO
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 on October 13, 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 Village, including water, sewer and road
improvements; c) acquire police department body camera equipment; and d ) refinance existing
obligations to finance a new roof and heating, ventilation and cooling improvements to Mercy
Health Arena (the “Refinancing Component”); including all related site improvements (the
“Project”); and
WHEREAS, on September 8, 2020, at a regular meeting which was conducted remotely
via technological means in compliance with Governor Whitmer’s Executive Order No. 2020-154
(COVID-19); the City Commission approved a Resolution Authorizing the Issuance of 2020
Capital Improvement Bonds (Limited Tax General Obligation) (the “Original Resolution”)
authorizing the City to borrow the principal amount of not to exceed Eight Million Thousand
Dollars ($8,000,000) and issue capital improvement bonds 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, in consultation with Bond Counsel, has determined that the
Refinancing Component of the Project must be financed on a taxable basis; and
WHEREAS, the City desires to amend the Original Resolution pursuant to this Amendment
to the Original Resolution (the “Amendment,” and together with the Original Resolution, the
“Resolution”) and to ratify the actions taken by the City Commission in approving the Original
Resolution at the September 8, 2020 meeting.
NOW, THEREFORE, BE IT RESOLVED THAT:
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
1. Definitions. Capitalized terms used in this Amendment but not defined in this
Amendment shall have the meanings assigned them in the Original Resolution.
2. Amendment and Restatement of Section 1 of the Original Resolution. Section
1 of the Original Resolution is amended and restated in its entirety as follows:
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 one or more series and on either a taxable (the
“Taxable Bonds”) or a tax-exempt basis (the “Tax-Exempt Bonds,” and together
with the Taxable Bonds, the “Bonds”), 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. Each 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. Each issue of 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 have such designations 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”).
Each issue of 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 for the Tax-Exempt Bonds and not to exceed five percent (5.00%) per
annum for the Taxable Bonds, 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”).
3. Amendment and Restatement of Section 11 of the Original Resolution. Section
11 of the Original Resolution is amended and restated in its entirety as follows:
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 Tax-Exempt 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 Tax-Exempt Bond proceeds and moneys deemed
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-2-
to be Tax-Exempt 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.
4. Ratification of Original Resolution. The City Commission hereby ratifies and
confirms the approval of the Original Resolution. Except as explicitly amended or amended and
restated as provided herein, each provision of the Original Resolution remains unchanged and in
full force and effect.
5. 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 October 13, 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 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
36651733.3\063684-00051
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
-3-
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: General Fund Transfers for FY2019-20
Submitted By: Beth Lewis Department: Finance
Brief Summary: During the close out of fiscal year 2019-20 and based on the financial results for
the fiscal year ended June 30, 2020, staff transferred from the General Fund $20,000 to the
Engineering Fund, $10,000 to the State Grants fund, $7,500 to the Tree Replacement Fund and
$800,000 to the Mercy Health Arena Fund to eliminate fund balance deficits. Staff is requesting
formal approval of these General Fund transfers.
Detailed Summary: At the close of FY2019-20 three funds were in a fund balance deficit and
required a transfer from the General Fund to eliminate the deficit. The Engineering Fund needed a
$20,000 transfer because of lower revenues caused by COVID19, the State Grants Fund needed a
$10,000 transfer because of a write off and the Tree Replacement Fund needed a $7,500 transfer
for expenses incurred in anticipation of grant monies. The FY2019-20 budget called for a General
Fund transfer of $235,000 to the Mercy Health Arena Fund however due to lost revenue from
COVID19 a $800,000 transfer was needed.
Please note that in the State Grants Fund it does not to appear to have need a transfer however
$63,473 grant reimbursement was received but not paid out until after the end of the fiscal year.
The Fund Balance needs to cover the $63,473 payment.
Amount Requested: $837,500 Amount Budgeted: $235,000
Fund(s) or Account(s):General Fund Fund(s) or Account(s):
Recommended Motion: To approve the General Fund transfers of $20,000 to the Engineering
Fund, $10,000 to the State Grants Fund, $7,500 to the Tree Replacement Fund and $800,000 to
the Mercy Health Arena Fund.
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: Coronavirus Aid, Relief, and Economic
Date:10/13/2020 Security Act (CARES Act) - CDBG COVID19
Funding, Total Allocation
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To review the total allocations for CARES Act - CDBG COVID19 funding. First
round funding allocations were $585,238, combined with third round allocations of $209,326 equal
$794,564. $158,918 will be used for Administrative Costs and $635,651 will be used for the following
eligible activities: Child Care, Utilities, Businesses, Food Assistance, Parks, and Youth.
Please see attachments: Letter from HUD.
Amount Requested: Amount Budgeted: $794,564
Fund(s) or Account(s): CARES Act Fund(s) or Account(s):
COVID19 2020, Total Allocation
Recommended Motion: To approve activities and budget for the CARES Act – CDBG
COVID19 funding at the next City Commission Meeting, October 27th, 2020.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
=
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
September 11, 2020
The Honorable Steve Gawron
Mayor of Muskegon
933 Terrace Street
Muskegon, MI 49443
Dear Mayor Gawron:
I am pleased to inform you of a special allocation to your jurisdiction of Community
Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus
(COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March
27, 2020, to respond to the growing effects of this historic public health crisis.
The CARES Act made available $5 billion in Community Development Block Grant
Coronavirus (CDBG-CV) funds. Of this amount, the Department immediately allocated $2 billion
on March 27, 2020, the same day President Trump signed the Act, based on the fiscal year 2020
CDBG formula; this constituted the first round of CDBG-CV funds. Next, $1 billion was required
by the Act to be allocated to States and insular areas within 45 days of enactment of the Act; HUD
accomplished this on May 11, 2020, and this constituted the second round of CDBG-CV funds.
Finally, the remaining $2 billion in CDBG-CV funds was required by the Act to be allocated to
states and local governments at the discretion of the Secretary on a rolling basis; HUD
accomplished this on September 11, 2020, and this constituted the third round of CDBG-CV funds.
Additionally, up to $10 million will be set aside for technical assistance.
Accordingly, this letter informs you that your jurisdiction’s allocation for the third round is
$209,326. Your cumulative amount for all allocation rounds is $794,564.
The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases,
for the annual FY2019 and FY2020 CDBG grants in these unprecedented times. The public
comment period is reduced to not less than 5 days, grantees may use virtual public hearings when
necessary for public health reasons, the public services cap is suspended during the emergency, and
States and local governments may reimburse costs of eligible activities incurred for pandemic
response regardless of the date.
In addition, the CARES Act authorizes the HUD Secretary to grant waivers and alternative
requirements of statutes and regulations the HUD Secretary administers in connection with the use
of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative
requirements can be granted when necessary to expedite and facilitate the use of funds to prevent,
www.hud.gov espanol.hud.gov
prepare for, and respond to coronavirus.
The CDBG CARES Act Federal Register Notice (FR-6218-N-01) was released on August
10, 2020. The notice describes the allocations and grant procedures applicable to the CDBG-CV
grants. It also describes the program flexibilities, waivers, and alternative requirements that apply to
the CDBG-CV grants as well as the fiscal year 2019 and 2020 CDBG grants. As further such
flexibilities become available, they will be posted on HUD’s website and distributed to grantees.
The Department will also support grantees with technical assistance.
As you develop your plan for the use of these grant funds, we encourage you to consider
approaches that prioritize the unique needs of low- and moderate–income persons and the
development of partnerships between all levels of government and the private for-profit and non-
profit sectors. You should coordinate with state and local health authorities before undertaking any
activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight,
reporting, and the requirement that each grantee have adequate procedures to prevent the
duplication of benefits (DOB). HUD will provide guidance and technical assistance on DOB, the
prevention of fraud, waste, and abuse, and on documenting the impact of this program for
beneficiaries.
Reminder, all CPD Grantees must ensure they maintain active Dun and Bradstreet Numbering
System (DUNS) numbers in the System for Award Management (SAM) system. Entities must have
an active and unexpired DUNS before execution of grant agreements to avoid delays in the
obligation of funds- which will delay your ability to drawdown funds in the Integrated
Disbursement & Information System (IDIS). Grantees are required to maintain an active SAMs
registration by re-activating their DUNS number annually in the SAM system for the entire
drawdown period of their grants. DUNS numbers can be registered and renewed each year at the
following website: https://www.sam.gov/SAM/.
The Office of Community Planning and Development (CPD) is looking forward to working
with you to successfully meet the urgent and complex challenges faced by our communities. If you
or any member of your staff has questions, please contact your local CPD Field Office Director or
CPDQuestionsAnswered@hud.gov.
Sincerely,
John Gibbs
Acting Assistant Secretary
for Community Planning and Development
U.S. Department of Housing and Urban Development
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Update to the Lot Sale Policy
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff has prepared an updated lot sale policy that outlines procedures and
incentives to direct the use and sale of vacant, city-owned residential properties.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the lot sale policy as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
October 2020
City of Muskegon
Policy for the Use & Sale of City-Owned Residential Property
Objective
The City of Muskegon owns a significant number of vacant lots throughout the city. These lots cost
money to maintain and do not generate taxes, but they do offer opportunities for infill housing
development and public use. Selling vacant lots for residential development will create much needed
housing options, expand the residential tax base and alleviate the City of maintenance costs. Citizen lead
initiatives like urban farms, community gardens and the Neighborhood Empowerment Program (adopt-
a-lots) are all resources the City can utilize to defer maintenance costs and reduce blight while the lots
are being marketed for sale. There are also instances in which the City may wish to hold on to a vacant
lot or acquire additional land to combine with an existing property. Vacant lots can also be valuable to
complete existing/planned projects or to offer easements to essential/recreation services. In order to
utilize City-owned vacant lots to their fullest potential, the City has developed this policy for their use
and sale to private ownership.
Lot Types
Buildable Lots – Buildable lots are defined as lots suitable in size and configuration under Zoning
Ordinance regulations for the construction of housing units. Some City-owned lots are much larger than
needed to construct various housing types. Where applicable, staff will split or combine lots to create
the best potential for future development. Staff may also recommend that only a portion of a buildable
lot be sold if it is in the best interest for future development and if the remaining portion is also a buildable
lot. As a condition of sale, the buyer must commence construction 1 within 18 months of the date of
purchase of the property or it will revert back to the City's ownership, free and clear of any claim of the
buyer.
Non-Buildable Lots – Non-buildable lots are defined as lots that are insufficient in size or configuration
for new construction under Zoning Ordinance regulations. These lots may only be sold to adjacent
property owners, neighborhood organizations, or valid non-profit agencies to expand, improve, or
beautify the property. In the event that multiple adjacent owners seek to purchase a property, the City
shall divide the property in the most equitable manner.
1
“Commence Construction” means that a buyer has been issued a residential building permit by the City of
Muskegon and also (in the sole opinion of the City of Muskegon’s Building Official) that at least seventy-five
percent (75%) of the dwelling has been completed.
1
October 2020
Lot Use
The following is a list of potential uses for City-owned vacant lots.
Buildable Lots and Large Blocks of Land
Permanent Use Options (listed in order of highest priority):
• Easement/sale – The first step is to check if all or a portion of the property can be used for an
easement (or sale) to an existing or planned development project.
• New housing development – If no other project can use the land, it will be marketed for sale for
residential development. Preference will be given to projects with higher density and, where
applicable, staff reserves the right to split or combine lots to create the best potential for future
development.
• Public space – The use of the lot for a park or other type of community gathering place. Most lots
may not be appropriate for public spaces, such as those located in close proximity to existing
public parks or neighboring houses.
• Yard addition – Only non-buildable lots should be sold to adjacent property owners. Non-buildable
portions of existing buildable lots can be sold to adjacent property owners for expanded yard space
as long as the unsold portion of the property remains buildable.
Temporary Use Options (listed in order of highest priority):
• Community garden – Groups that agree to maintain the lot may use it for gardening. Please see
Section 2313 of the Zoning Ordinance for guidelines on community gardens.
• Adopt-A-Lot – Neighborhood Organizations may adopt lots as part of the Neighborhood
Empowerment Program. Please see the Neighborhood Empowerment Program brochure.
Non-Buildable Lots
Permanent Use Options (listed in order of highest priority):
• Easement/sale – The first step is to check if all or a portion of the property can be used for an
easement (or sale) to an existing or planned development project.
• Yard addition – If the lot cannot be used for a nearby project, it should be sold to an adjacent
property owner who may take advantage of the landscaping grant (see below).
• Public space – The use of the lot for a park or other type of community gathering place. Most lots
may not be appropriate for public spaces, such as those located in close proximity to existing
public parks or neighboring houses.
Temporary Use Options (listed in order of highest priority):
• Community garden – Groups that agree to maintain the lot may use it for gardening. Please see
Section 2313 of the Zoning Ordinance for guidelines on community gardens.
• Adopt-A-Lot – Neighborhood Organizations may adopt lots as part of the Neighborhood
Empowerment Program. Please see the Neighborhood Empowerment Program brochure.
2
October 2020
Lot Sales
Buildable Lot Sales
Lot Price – 75% of the True Cash Value. Sale price reimbursements are available for the following:
• Duplex or Small Multiplex Development (where permitted by zoning) – 100% price reimbursement
• Single-Family House that meets the following design standards 2:
o Open front porch of at least 60 sf – 20% price reimbursement
o Picture or bay window - 20% price reimbursement
o Alley-loaded parcel – 20% price reimbursement
o Shutters or other acceptable window treatments – 20% price reimbursement
o Underground sprinkling – 20% price reimbursement
Development Incentives – In addition to price reimbursements, additional incentives include:
• Neighborhood Enterprise Zone (NEZ) Certificate – For those properties already located in a NEZ
District, NEZ certificates will be offered using the following scale:
o Single-family house: 3 years
o Single-family house that incorporates three of the five above listed Design Standards: 6 years
o Duplex: 12 years (owner-occupied unit only)
o Small Multiplex: 15 years (owner-occupied unit only)
• Water/Sewer Connection Discount – Discounted water/sewer connection fees will be given for the
following housing developments:
o Duplex – 50% reduction
o Small Multiplex – 100% reduction
o Three or more single-family houses (all built within 18 months) – 100% reduction
How to Purchase – The Planning Department may approve the sale of buildable lots for residential
development as long as all of the above requirements are met. The City Commission will review the sale
of any lots that do not meet all of the above requirements. All parties must be current on local taxes.
Projects that do not meet these requirements must seek approval from the City Commission.
2
Price reimbursements will be awarded to approved projects after verification of project completion.
3
October 2020
Non-Buildable Lot Sales
Lot Price – $1
Landscaping Incentive – Non-buildable lots that are used for beautification or creation of natural habitat
may be eligible for a landscaping grant.
• Landscaping Grant – This grant is intended to assist in the beautification of neighborhoods by
transforming underutilized land into attractive landscapes and/or natural habitats. Natural
landscaping projects with a mixture of native species as well as animal/pollinator habitat
improvements are eligible for support. For every $1,500 an applicant spends on landscaping, they
will be reimbursed $250 (up to $1,000). Applicants must submit a landscaping plan with estimates
to the Planning Department. Approved applicants will complete the project as described in the
application and submit receipts to the Planning Department in order to receive the grant funds.
o Grant Requirements – Decorative/natural landscaping projects must include the following
elements:
- A mixture of at least three different decorative plant species.
- Decorative ground substrate such as woodchips or landscaping rocks.
- Landscaping area must be at least 100 square feet total and be located within 20 feet of the
front property line.
- Landscaping must be a focal point and not solely used as a buffer between properties.
- Landscaping may not interfere with zoning ordinance requirements for clear vision at
intersections, alleys, and driveways.
- Watering/maintenance plan and/or drainage pipes where rain gardens are created.
How to Purchase: The Planning Department may approve the sale of non-buildable lots to adjacent
property owners, neighborhood organizations and non-profit agencies. Properties will be sold to
qualifying parties on a first come, first serve basis. All parties must be current on local taxes. Once
payment is received (lot price plus cost of deed registration) the City will register the deed with the
Muskegon County Register of Deeds.
4
October 2020
Lot Sale Terms
Closing Costs
All closing costs will be split between the buyer and the seller.
Property Survey
All costs and activities associated with a survey are the sole responsibility of the buyer.
Environmental
Properties will be sold as is. Any environmental analysis is the sole responsibility of the buyer.
Title Evidence/Insurance
Quieting title of tax reverted properties sold and properties split for minimal amounts such as non-
buildable lots, shall be the responsibility of the buyer. City staff may choose to quiet title on certain
lots deemed necessary for development plans.
Financing
Financing the acquisition of City-owned property and subsequent construction (if applicable) is the
sole responsibility of the buyer. Failure to provide proof of adequate financing may be used as a basis
for denial of a sale.
Deeds
All sales will be handled as quit claim deeds.
Appeal Procedure
Any denial of a sale can be appealed to the City Commission.
Applicability
Pursuant to the above, the City will periodically implement neighborhood marketing strategies. Elements
of this policy may be superseded by a marketing strategy, if said strategy is approved by the City
Commission as an exception to this policy, and only while said strategy is being utilized to market
properties identified by the strategy.
5
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: NEZ Certificate for 318 Terrace Point
Submitted By: Mike Franzak Department: Planning
Brief Summary: An application for a Neighborhood Enterprise Zone (NEZ) certificate has
been received from Chad and Marisa Doane for the new construction of a home at 318
Terrace Point. The applicant has met local and state requirements for the issuance of the NEZ
certificate.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the NEZ certificate at 318 Terrace Point for 12 years.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Chad and Marisa Doane to construct a new home at 318 Terrace Point in the
Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Chad and Marisa Doane, LLC be
approved.
Adopted this 13th day of August, 2020.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
10/8/2020
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 13, 2020.
By: ________________________
Ann Meisch
City Clerk
10/8/20
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Risers Indoor Soccer Club Contract
Submitted By: Mike VanderMolen Department: Finance
Brief Summary: City staff is requesting approval of the attached lease with the Muskegon Risers
Indoor Soccer Club. This is a long-term lease with extension opportunities.
Detailed Summary:
The Muskegon Risers are looking to deepen their commitment to the Muskegon community and
the downtown with a long-term lease with the Mercy Health Arena. Some of their goals are listed:
• Increase resources dedicated to soccer programming for underprivileged youth.
• Facilitating adult social and competitive soccer leagues through our newly formed city
soccer association which is registered with Michigan Soccer Association.
• Investing in their own outdoor practice and game facility inside the City of Muskegon.
• Expanding the women’s team into a full-season operation.
With this contract the city will receive 100% of concession revenue, which gives the arena flexibility
with how concessions are managed. The ticket facility fee will be more consistent with the other
sports team tenants, reaching $2.00 per ticket by year 5 of the contract. The facility fees go directly
toward keeping the arena viable.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approval of the contract.
For City Clerk Use Only:
Commission Action:
Shared Use Agreement
This Shared Use Agreement (the “Agreement”) is effective on _____________, 2020, between
the City of Muskegon, a Michigan municipal corporation ("City"), and Zonifi, LLC, a Michigan limited
liability company, doing business as “Muskegon Risers Soccer Club” ("MRSC").
City and MRSC agree as follows:
1. Use of Premises. City agrees to permit MRSC to use, and MRSC agrees to occupy
and use, a certain portion of the commercial space identified on the attached Exhibit A ("Premises"),
located at 470 W Western Ave, Muskegon MI 49440 and commonly known as the “Mercy Health
Arena,” together with all improvements located thereon, subject to all of the terms and conditions of
this Agreement.
a. The dates and times in which MRSC chooses to use the Premises shall be subject
to the dates previously reserved by other groups under their respective shared use agreement
with the City or other agreements relating to the use of the Premises. MRSC acknowledges and
agrees that WC Hockey, LLC (aka the “Muskegon Lumberjacks”) shall have first priority to
schedule event dates at the Premises.
b. The City and MRSC agree to reasonably work together to coordinate event use
dates that do not conflict with other groups using or leasing the Premises. The provision of such
dates by MRSC to City shall allow reasonable time for preparation and execution by both parties.
2. Term. The term of this Agreement shall commence on December 1, 2020 and
end on November 30, 2025 (“Term”).
During the Term, MRSC shall only occupy the Premises from 8 am to 11 pm on mutually
agreeable dates, along with any other dates and times that are mutually agreed to in writing in advance;
provided that MRSC will occupy the Premises for at least 6 dates between December 1 and April 30
(“Season”) of each year during the Term (and it is anticipated that MRSC will occupy the Premises for 12
dates between December 1 and April 30 of each year during the Term).
Notwithstanding the foregoing, in the event that MRSC’s soccer season is reduced or cancelled
for reasons beyond MRSC’s control, such as a health emergency, MRSC shall not be required to occupy
the Premises for the minimum 6 dates during that season.
3. Option to Renew. MRSC shall have an option to renew this Agreement on the
expiration of the initial Term of the Agreement for two additional terms of five years, by giving written
notice of renewal to City 90 days before this Agreement expires. The renewal shall default to the same
terms and conditions as stated in this Agreement. During each stated period of renewal, both parties
reserve the right to renegotiate terms and conditions.
Page 1 of 7
4. Rent/Facility Fee. MRSC shall pay to City as rent of the Premises $1,500.00 per
date for the first 6 dates each Season. This amount shall be collected by the City from the ticket revenue
settlement for each date that MRSC occupies the Premises. For any additional dates that Season, the
amount collected from the ticket revenue settlement by City shall be $4,050 per date.
5. Ticketing. MRSC shall receive 100% of all net revenue from ticket sales by way
of settlement from City. City shall distribute settlement within 5 business days of each respective
occupancy date. Additional ticketing fees shall be collected by City; City shall collect a $.10 per ticket fee
to be paid on settlement by team and City shall collect a $1.00 facility fee per ticket in years 1 and 2,
$1.50 in years 3 and 4, $2.00 in years 5 to 15. All stated ticket fees shall be paid by ticket buyer as an
additional cost to the base ticket pricing established by MRSC.
6. Cancellation/No Refund Policy. MRSC shall be obligated to pay full rent for the
Premises for dates reserved by MRSC, whether or not MRSC actually uses the Premises, unless MRSC
provides City written notice of such cancellation no later than 5 days before such scheduled event.
MRSC would not be responsible for paying rent for cancellations solely caused by the City or occurrences
outside of MRSC’s control (e.g., pandemic, unusual weather events, acts of God)
7. Concessions. City will receive 100% of all net revenue from concession sales at
the Premises during MRSC’s occupancy dates. Any concession promotions or discounts will be as
mutually agreed upon by the parties.
8. Parking. City will receive 100% of all net revenue from parking sales at the
Premises during MRSC’s occupancy dates. Any parking promotions or discounts will be as mutually
agreed upon by the parties.
9. Event Operations. City agrees to provide the following arena soccer event
operations as part of this Agreement;
a. Conversion of Premises surface and boards to facilitate arena soccer
competition. This includes removal of all glass from side boards, installation of arena soccer
goals, coverage of ice with subfloor and field turf, taping field turf with specified boundaries and
markings, installation and storage of semi-permanent dasherboards. Conversion of the Premises
also encompasses a return to its original state by City.
b. Ticketing system management and support. This includes advance event
creation in ticketing system and a dedicated box office staff for advance ticket sales and
fulfillment of ticket orders during normal Premises business hours and on specified MRSC
occupancy dates.
c. Staff for events operated through the City’s ticketing system, including an
adequate number of ticketing staff at all dedicated entry points on Premises, ushers and security
personnel. Audiovisual production staff shall be provided by MRSC, either directly or through a
third party approved by City.
Page 2 of 7
d. MRSC shall have access to all audiovisual production equipment owned by City
during rental period, including monitors, computers, microphones, lighting and sound boards.
10. Possession. MRSC will have exclusive possession of the Premises on its
previously reserved occupancy dates. City will be allowed continued access to the Premises, so long as
such access does not disturb MRSC’s permitted use of the Premises – with determination of what
constitutes a disturbance to be at MRSC’s commercially reasonable discretion.
11. Use of Premises. MRSC shall primarily use and occupy the Premises for amateur
and professional soccer games, and may also use the Premises for other athletic and entertainment
related activities, so long as all uses of the Premises comply with the terms of this Agreement. MRSC
shall not use the Premises in a manner that constitutes a violation of any applicable law, order, or
ordinance. MRSC shall not commit or allow any waste in or about the Premises, nor shall MRSC cause or
permit any nuisance
MRSC shall have exclusive use of the Premises, subject to existing shared use and lease
agreements, during the entire Term for soccer-related activities, and MRSC must provide written
consent in advance for any other soccer-related activities; provided, however, that MRSC will not
unreasonably withhold consent for any events hosted by schools, colleges, universities, or under-17
youth soccer clubs.
12. Signage and Advertising. MRSC shall only place, erect or maintain at the
Premises such signs, lettering, decorations, or advertising as are permitted by law; and any such items
that MRSC desires to erect on the Premises in a permanent manner (including on the field turf) must be
approved in advance by City in writing. Upon vacating the Premises after each occupancy date (unless
otherwise provided by City in writing), MRSC agrees to remove all signs or other such items and to repair
all damage caused by such removal.
MRSC shall have the right to sell all non-permanent advertising for dasherboards, videoboards
and field turf at Premises during MRSC’s occupancy dates.
13. Taxes and Utilities. City shall pay all real property taxes and assessments on the
Premises and property in which the Premises is located, and provide gas (heat), electric, internet, water
and sewer for the entire Premises during the term of the Agreement, the costs of which are included as
part of MRSC’s rent.
14. Repairs and Maintenance. City shall maintain in good condition and repair and
shall make any necessary capital replacements of the heating and air conditioning plant system, the
electrical wiring system, and the roof and structural walls, to the extent necessary to preserve MRSC's
intended use and enjoyment. Repairs or replacements necessitated by the negligent acts of the MRSC
shall be made at the expense of the MRSC. MRSC shall keep and maintain the Premises in good and
sanitary order and condition.
15. Alterations or Improvements. MRSC may not make any alterations,
improvements, additions, and changes to the Premises without City’s prior written approval.
Page 3 of 7
16. Condition of Premises. MRSC acknowledges that there will be other users of the
Premises during the Term, and agrees to immediately let City know if there is any condition at the
Premises preventing MRSC from using the space during its occupancy.
17. Insurance and Indemnity.
a. City shall procure and maintain in full force and effect fire and extended
coverage insurance with an all-risk endorsement on the Premises and immediately surrounding
property in which the Premises is located for its full insurable replacement cost (excluding
foundations and excavation).
b. MRSC shall, at its sole cost and expense, procure and maintain in full force and
effect during the term of this Agreement, comprehensive general public liability insurance
against claims for personal injury, death, or property damage occurring on, in, or about the
Premises in a minimum amount of $1,000,000 in respect of personal injury or death to any one
person, and of not less that $1,000,000 in respect of any one occurrence, and of not less than
$1,000,000 for property damage.
c. All insurance policies required hereunder, which may be so-called "blanket
policies," shall: (i) name City and MRSC as insureds; (ii) be payable as provided in paragraph 14;
and, (iii) be purchased from companies reasonably satisfactory to City.
d. Subject to the other provisions of this Agreement, MRSC shall indemnify and
hold City harmless from all claims, demands, actions, losses, damages and liabilities and all fees,
costs and expenses (including reasonable attorneys' fees) relating to or in any way arising with
regard to the Premises or from the use of the Premises, from any cause whatsoever.
18. Fire or Casualty; Condemnation. In the event the Premises are totally destroyed
by fire, wind, or other causes beyond the control of the City, or are condemned or otherwise taken by
authority of local, state or federal government, then in any of these events the use term shall cease and
terminate as of the date of such destruction, condemnation or taking. In the event of any loss or
damage by fire or other casualty for which the building or improvements on the Premises may be
insured, all amounts payable upon any policy or policies of insurance shall be paid to City.
19. Assignment and Subletting. MRSC may not assign this Agreement or sublet all
or any part of the Premises at any time during the Term of this Agreement without the prior written
consent of City.
Page 4 of 7
20. Default. The violation of any term, provision or condition of this Agreement by
MRSC, including the failure to pay any amounts owed to City shall be an event of default.
Notwithstanding the foregoing, prior to declaring a default, City agrees to provide MRSC with a written
notice of default, specifying the nature of the default, and what actions are required to be taken by
MRSC to cure the default. MRSC shall have three (3) business days thereafter to cure the default,
provided MRSC shall have such extended period as may be required beyond the three (3) business days
if the nature of the cure is such that it reasonably requires more than three (3) business days and MRSC
commences the cure within the three (3) business day period and thereafter continuously and diligently
pursues the cure to completion. In such event, City may suspend MRSC’s continued use of the Premises
until such time as MRSC cures the default. In the event of a non-monetary default and a failure of MRSC
to cure as provided above, City may elect to terminate this Agreement as its sole remedy. In the event
of a monetary default, in addition to terminating this Agreement, City shall be permitted to initiate legal
proceeding to recover any monies owed under this Agreement. In such event, the prevailing party in
any litigation or other legal proceedings arising under this Agreement shall be entitled to
reimbursement from the non-prevailing party for reasonable attorneys’ fees and expenses.
21. Miscellaneous.
a. Entire Agreement. This Agreement shall constitute the entire
agreement, and shall supersede any other agreements, written or oral, and any
contemporaneous or prior negotiations and representations that may have been made or
entered into, by and between the parties with respect to the subject matter of this Agreement
and shall not be modified or amended except in a subsequent writing signed by the party
against whom enforcement is sought.
b. Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of, and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
c. Severability. Should any one or more of the provisions of this
Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall not in any way be
impaired or affected.
Page 5 of 7
City and MRSC have caused this Agreement to be effective as of the day and year first above
written.
City – MRSC –
By: _______________________________ By: ___________________________
Name: ___________________ Name: __Matthew Schmitt______
Title: ___________________ Title: __President/Owner______
Date: ___________________ Date: _______________________
Page 6 of 7
Exhibit A:
Premises is defined as all area indicated inside the blue outline.
Also Included in premises but not pictured include the following area on the lower level:
All locker rooms and other space not dedicated to the Muskegon Lumberjacks or the Reeths Puffer organizations.
Page 7 of 7
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: Ratification and Confirmation of
Commission Actions since April 30, 2020
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Staff is requesting approval of the attached resolution to ratify and confirm, nunc pro tunc,
all of the City Commission’s actions, ordinances, and resolutions approved at City Commission meetings
held after April 30, 2020, which were conducted remotely via technological means in compliance with the
Executive Orders Including, but not limited to, the approval of the Bond Resolutions.
Detailed Summary:
Amount Requested: Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the resolution confirming and ratifying City Commission actions,
ordinances, and resolutions approved at City Commission meetings held after April 30, 2020.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
RESOLUTION RATIFYING AND CONFIRMING PRIOR
CITY COMMISSION APPROVALS
___________________________________
CITY OF MUSKEGON
County of Muskegon, State of Michigan
___________________________________
Minutes of a meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held on the ___ day of _________, 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 Commission has previously approved various actions, ordinances and
resolutions at City Commission meetings held after April 30, 2020, which were conducted remotely
via technological means in compliance with Governor Whitmer’s executive orders related to the
COVID-19 pandemic (the “Executive Orders”),; and
WHEREAS, in a recent opinion issued by the Michigan Supreme Court on October 2, 2020,
in the case of Midwest Institute of Health, PLLC v Whitmer, the Supreme Court held that the
Governor did not have authority to issue executive orders related to the COVID-19 pandemic under
either the Emergency Management Act of 1976 or the Emergency Powers of the Governor Act of
1945 after April 30, 2020; and
WHEREAS, the City Commission desires to ratify and confirm, nunc pro tunc, its actions
and resolutions approved at City Commission meetings held after April 30, 2020, which were
conducted remotely via technological means in compliance with the Executive Orders including,
but not limited to, the approval of the Bond Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Ratification. The City Commission hereby ratifies and confirms, nunc pro tunc, all
of the City Commission’s actions, ordinances and resolutions approved at City Commission
meetings held after April 30, 2020, which were conducted remotely via technological means in
compliance with the Executive Orders including, but not limited to, the approval of the Bond
Resolution.
RESOLUTION DECLARED ADOPTED.
YEAS:
NAYS:
ABSTAIN:
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan,
at a meeting held on __________, 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 1976, 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
36662191.1\088888-01672
-2-
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/20 Title: Streamlining Brownfield Plan
Amendment public hearing process
Submitted By: Pete Wills Department: Economic Development
Brief Summary: To streamline the process by which the City Commission currently approves a
Brownfield Plan Amendment. Permit staff, rather than the City Commission, to set the date of a
public hearing to approve a Brownfield Plan Amendment. The change would apply only to the
consideration of Brownfield Plan Amendments.
Detailed Summary: Currently, as a matter of practice, the City Commission adopts a resolution to
set the date for a public hearing to consider approval of a Brownfield Plan Amendment. The City
Commission then conducts the public hearing at their next regularly scheduled meeting. According
to state statute, the Brownfield Redevelopment Financing Act, MCL 125.2664, states “…the
governing body shall hold a public hearing on the brownfield plan. By resolution, the governing
body may delegate the public hearing process to the authority or to a subcommittee of the
governing body subject to final approval by the governing body.” It goes on to outline the
requirements of certain content to be included in the notice for a public hearing. The statute
provides discretion to the governing body when developing the public hearing process. Therefore,
shifting the practice of setting the public hearing date for a Brownfield Plan Amendment from the
City Commission to staff seeks to create an efficiency in this multi-step adoption process.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to set the date of public hearing to consider Brownfield Plan Amendments.
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: 10/13/20 Title: Addition to the Fee Schedule –Mobile
Food Vending Zoning Approval
Submitted By: Mike Franzak Department: Planning
Brief Summary: To create a fee for the application for a temporary use permit for mobile food
vending.
Detailed Summary: The Commission recently passed an amended Temporary Use ordinance
(zoning ordinance) that allows for mobile food vending on private property (whereas the City Code
of Ordinances dictates rules for on-street mobile food vendors).
The zoning ordinance allows temporary use permits from 1-89 days to be reviewed by staff.
Permits for 90 days-1 year require notice to the surrounding properties and possibly a Planning
Commission, if anyone from the public requests a public hearing.
In addition to the fees (in lieu of taxes) required by the Clerks Office (see attached), the City should
also charge a fee for the zoning ordinance review. These fees should cover the cost of the mailing
and the public hearing, if necessary. Staff recommends a $100 fee to cover the mailing and an
additional $400 if a public hearing is requested. The cost of a regular special use permit is $500.
Staff would also like to clarify that temporary permits for 90 days-1 year should only require a
mailing/public hearing one time for the same business at the same location. Renewal permits
should not require additional notices/hearings.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Recently Amended Temporary Use Ordinance
SECTION 2324: TEMPORARY BUILDINGS, STRUCTURES AND USES
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec. 50-301
thru 50-304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts and all Form
Based Code context areas except Urban Residential and Lakeside Residential; under the
following conditions:
(1) Food trucks and trailers must be placed at least ten feet away from any
principal structure and at least five feet from any lot line. They may be
placed on grass, pavement or in the parking lot, but may not impede proper
vehicular flow on the site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be reviewed
administratively.
(4) Permits for mobile food vending between 90 days and one year will require
the notification of all properties within 300 feet. If no concerns are received
within 15 days, the permit application will be reviewed administratively. If
there are concerns, a public hearing at the Planning Commission will be
required. Administrative and Planning Commission reviews must use the
following review standards:
i. Will the use contribute to the vitality and experience of the business
district?
ii. Will the use support or detract from existing brick and mortar
establishments?
iii. Is there an appropriate separation distance between temporary and
permanent uses so as to not impair the long-term viability of nearby
businesses?
iv. Will the use add variety to the types of food or beverage offerings in
the district or compete with area businesses in close proximity?
v. Will the proposed mobile food vendor contribute to the general
aesthetic of the business district and include high quality materials
and finishes?
Current Annual Application Fees From the Clerks Office
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Filtration Plant Transit Van
Submitted By: Joe Buckingham Department: DPW/Equipment
Brief Summary:
The Equipment Division is requesting permission to purchase one (1) Cargo Utility Van from Gorno
Ford the Mi-Deal State contract holder. The purchase price of this vehicle is $37,300.00
Detailed Summary:
The City of Muskegon Filtration Plant is requesting this Utility Van to assist them with more space
to accommodate off site maintenance activities at booster stations and water tower sites. This will
replace a smaller truck that will be handed back to the Equipment Division for placement
elsewhere. This purchase was included in the 20/21 Capital Budget.
The small difference between requested amount and budgeted amount will be adjusted in the
reforecast.
Amount Requested: $37,300.00 Amount Budgeted: $35,000.00
Fund(s) or Account(s): 661-60932-5720 Fund(s) or Account(s): 661-60932-5720
Recommended Motion: Authorize staff to purchase one (1) Cargo Utility Van in the amount of
$37,300.00 from Gorno Ford.
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: 10/13/2020 Title: High Service Pump Rebuilt
Submitted By: Sanjeev Mungarwadi Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to contract with Wylie Electric Motor Service for
the rebuilding one of the high service pumps at the filtration plant.
Detailed Summary:
Staff solicited bids from three firms as follows for rebuilding one of the high service pumps at the
filtration plant:
• Wylie Electric Motor Service - $9,957.00
• HECO - $22,853.50
• Jones Electric Company - $11,313.00
Staff is recommending award to the low bidder with the funds to be drawn from the Water Filtration
Plant – WMRWA Eligible line item in the 20/21 budget.
Amount Requested: $9,957.00 Amount Budgeted: $500,000.00
Fund(s) or Account(s): 591 Fund(s) or Account(s): 591
Recommended Motion:
Authorize staff to contract with Wylie Electric Motor Service in the amount of $9,957.00 for
rebuilding one high service pump at the filtration plant.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
WYLIE ELECTRIC MOTOR SERVICE INC
331 CARMEN DRIVE PO BOX 127 QUOTATION
FERRYSBURG, MI 49409 Ref Quote Number: 1675
Quote Date: Aug 13, 2020
Voice: 616-846-6131
Fax: 616-846-0109 Page: 1
Attn: __________________________________
Fax: __________________________________
Number of Pages: _______________________
Quoted To:
CITY OF MUSKEGON
1350 KEATING AVENUE
MUSKEGON, MI 49442
Customer ID Good Thru Payment Terms Sales Rep
MUSKEGON CITY 9/12/20 Net 30 Days
Quantity Item Description Unit Price Amount
1.00 RECONDITION US ELECTRIC 300HP 1180RPM 5009P 9,957.00 9,957.00
FR.2300V 3PH VERTICAL HOLLOW SHAFT MOTOR
ID#C523847-582 85-18722
WORK SCOPE:
REMOVE FROM PERE MARQUET LOCATION
DISASSEMBLE TEST ALL COMPONENTS CLEAN PARTS
DIP & BAKE STATOR WINDINGS BALANCE ROTATING
ASSEMBLY INSTALL NEW BEARINGS
ASSEMBLE TEST PAINT DELIVER AND REINSTALL
*************************
1.00 RECONDITION GE 250HP 1190RPM 449TP24 FR. 460V 3PH 6,424.00 6,424.00
M/N 5KS449ST7031
WORK SCOPE:
REMOVE FROM QUARTERLINE LOCATION DIASSEMBLE
TEST ALL COMPONENTS CLEAN PARTS DIP & BAKE
STATOR WINDINGS BALANCE ROTATING ASSEMBLY
INSTALL NEW BEARINGS ASSEMBLE
TEST PAINT DELIVER AND REINSTALL
Not applicable; quote for work on
Muskegon County - Eastside Water
System pump. We solicited bids
jointly with county for this work.
Pricing does not include freight
THIS QUOTE GOOD FOR 30 DAYS.
QUOTED BY DAVID D'AVIGNON
JOB QUOTE
HECO INC
3509 SOUTH BURDICK STREET QUOTE NO 00018110
KALAMAZOO, MI 49001-4835
QUOTE DATE 9/14/2020
UNITED STATES
(269)-381-7200 PAGE 1
S 006000 S CITY OF MUSKEGON
O COD CUSTOMER - NON TAXABLE H MAIN CITY OF MUSKEGON BUILDING
L PLEASE GET APPROVAL I MUSKEGON, MI
D BEFORE SHIPPING AND GET P
KALAMAZOO, MI 49001
T T
O O
CUSTOMER PO # PO RELEASE # MISC NUMBER
NAMEPLATE DATA
HP:300; SYNC. RPM:1200; VOLTAGE:2300; FRAME:5009P; MFG:US; AMPS:75; TYPE/CAT #:HU; DESIGN:B; INS. CLASS:B; CODE:G; SF:1.15;
ACT. RPM:1180
SPECIAL INSTRUCTIONS
FINISH WATER TURBINE UNIT#4
LABOR CODE / ITEM ID DESCRIPTION UNIT QTY UNIT PRICE EXTENSION
PICK UP REPAIR JOB
DISMANTLE FOR COMPLETE RECONDITION
CLEAN AND RECONDITION STATOR
CLEAN AND RECONDITION ROTOR
CLEAN AND PAINT ALL MAJOR PARTS
LABOR & MATERIALS TO DIP STATOR
CLEAN/GRIND VARNISH/VPI OFF STATOR
BORE & SLEEVE INSULATED HOUSING
DYNAMIC BALANCE ROTOR ASSEMBLY
INSTALL NEW BEARINGS
FINAL ELECTRICAL TEST
ASSEMBLE ALL PARTS
FINAL TEST RUN MOTOR AT FULL RATED VOLTS
PERFORM VIBRATION SPECTRUM ANALYSIS
PREPARE, MASK, AND PAINT MOTOR
FINAL GREEN TAGGING
DELIVERY REPAIR JOB
(2) 7226 BEARINGS
6219 BEARING
PAINT, HARDWARE, TAGS
INSULATED SLEEVE
EASA CERTIFIED REPAIR & EFFICIENCY
ENVIRONMENTAL WASTE HANDLING FEE
Total Estimate 7,861.00
TOTAL 7,861.00
JOB QUOTE
HECO INC
3509 SOUTH BURDICK STREET QUOTE NO 00018110
KALAMAZOO, MI 49001-4835
QUOTE DATE 9/14/2020
UNITED STATES
(269)-381-7200 PAGE 2
S 006000 S CITY OF MUSKEGON
O COD CUSTOMER - NON TAXABLE H MAIN CITY OF MUSKEGON BUILDING
L PLEASE GET APPROVAL I MUSKEGON, MI
D BEFORE SHIPPING AND GET P
KALAMAZOO, MI 49001
T T
O O
CUSTOMER PO # PO RELEASE # MISC NUMBER
Quotation
Valid for 30 calendar days from the above date
Estimate does not include Sales Tax if applicable.
Estimate does not include Freight if applicable.
Quotations and Orders are per our Standard Terms and Conditions;
Copy Available Upon Request.
Received Date:
By:
JOB QUOTE
HECO INC
3509 SOUTH BURDICK STREET QUOTE NO 00018112
KALAMAZOO, MI 49001-4835
QUOTE DATE 9/14/2020
UNITED STATES
(269)-381-7200 PAGE 1
S 006000 S CITY OF MUSKEGON
O COD CUSTOMER - NON TAXABLE H MUSKEGON, MI
L PLEASE GET APPROVAL I
D BEFORE SHIPPING AND GET P
KALAMAZOO, MI 49001
T T
O O
CUSTOMER PO # PO RELEASE # MISC NUMBER
NAMEPLATE DATA
DES:RIGGING SERVICES FOR; MISC:(1) UNIT AT MUSKEGON CITY STN; MISC02:(1) UNIT AT MUSKEGON COUNTY STN
SPECIAL INSTRUCTIONS
No special instructions
LABOR CODE / ITEM ID DESCRIPTION
LABOR, MATERIAL AND EQUIPMENT TO COMPLETE THE FOLLOWING:
MOBILIZE
ELECTRICALLY DISCONNECT BOTH UNITS
REMOVE BOTH UNITS FROM SERVICE (SAME DAY)
TRANSPORT
RETURN, INSTALL AND ALIGN 300HP UNIT (DAY 1)
ELECTRICALLY CONNECT 300HP UNIT (DAY 1)
RETURN INSTALL & ALIGN 250HP UNIT (DAY 2)
ELECTRICALLY CONNECT 250 UNIT (DAY 2)
DEMOBILIZE
PER DIEM/MILEAGE
Total Estimate 29,985.00
TOTAL 29,985.00
This would be split with county as
this portion of the quote is for the
labor on both pumps. We
combined the previous page with
1/2 this amount for the net bid
Quotation from HECO related to work for the
City of Muskegon
Valid for 30 calendar days from the above date
Estimate does not include Sales Tax if applicable.
Estimate does not include Freight if applicable.
Quotations and Orders are per our Standard Terms and Conditions;
Copy Available Upon Request.
NET HECO Bid = $7,861.00 + (0.5 x $29,985.00) = $22,853.50
Received Date:
By:
Complete Electric Motor Sales and Service. Pa rtners In Service
with Ha ll Electric
1965 Sanford Street ● Muskegon, MI 49441 ● 231-726-5001 ● Fax: 231-722-4761 ● EMAIL: hjec@halljones.com
August 25, 2020
Josh
City of Muskegon Water Filtration
RE: 300 HP US Repair
We are pleased to submit the following quote for repair of US Electric 300 HP 1180 RPM
5009P Frame 2300Volts. Price is based on information known at this time.
Quote amount: $11,313.00
Breakdown as follows:
Remove from Lakefront water plant station:
Labor to remove $1,110.00
Rebuild motor:
Disassemble, Clean, Test, Reinsulate as needed, $8,703.00
Balance rotor, Replace bearings, Replace oil,
Assemble, Test, Paint, Pick up and delivery
Labor to reinstall motor: $1,110.00
Authorized pump service man to reset pump heights $ 390.00
for efficiency:
Machining of housing and or shafts to be quoted at time of disassembly.
Should you have any questions, please do not hesitate to contact me.
Mike Passage
Supervisor
MP/vc
Motor Sales & Service • Servo Specialists • Vibration Analysis • Thermography • Electrical Contracting Services • Marine Vessel Wiring
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Musketawa Trail Connector Resolution
Submitted By: Leo Evans Department: Public Works
Brief Summary: MDOT requires a resolution of support prior to obligation of funding for the 2021
project to finalize the connection between the Laketon Trail and the Musketawa Trail in the City of
Muskegon.
Detailed Summary:
The City of Muskegon has received grants from both the MDNR and MDOT to facilitation
completion of this project. The obligation of the MDOT funds requires submittal of a resolution of
support and commitment to provide future maintenance for the trail.
The total project estimate is $780,478.50 with Federal TAP funding of $400,586.00 and MDNR
Recreational Trail Program funding of $315,000. The local match to the construction contract will
be subject to the bid results but is estimated in the range of $65,000 at this time.
The project design is completed and staff is working to finalize the last of the easements required
to submit the project for bidding. We expect to have the project out for bids, through MDOT, in
February of 2021 with construction to take place in the Spring/Summer of 2021.
There will be a formal agreement brought to the Commission for consideration after the project is
bid per standard practice on MDOT administered projects.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): 202-99118 Fund(s) or Account(s): 202-99118
Recommended Motion:
Approve the attached resolution and authorize the Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
Resolution No.___________
Resolution of Support for the
Musketawa Trail Connector
Transportation Alternative Project
WHEREAS;
The Federal Highway Administration Moving Ahead for Progress in the 21st Century (MAP-21)
Act of 2012 allows States to distribute funds for Transportation Alternative Projects (TAP); and
The City of Muskegon is committed to enhancing the City street system and work with other
local agencies, state agencies, and non-profit organizations to provide additional pedestrian non-
motorized facilities; and
The provision of non-motorized facilities for pedestrians are eligible Transportation Alternative
Program activities; and
The Michigan Department of Transportation (MDOT) has conditionally committed 2021 TAP
funds for the Musketawa Trail Connector project.
THEREFORE BE IT RESOLVED;
The City Commission for the City of Muskegon requests the Michigan Department of
Transportation to proceed with obligation of Transportation Alternative Funds for the
Musketawa Trail Connector project as follows:
Total Estimated Cost - $780,478.50
Federal Funds - $400,586.00
Local Funds - $379,892.50*
* - Includes $315,000 from MDNR Recreational Trail Program
The City of Muskegon will provide local match funds, and will be responsible for the long term
maintenance of the non-motorized trail after construction is complete.
The City of Muskegon designates the DPW Director as the Project Engineer, who shall approve
all construction documents, attend the Grade Inspection meeting, pre-construction meeting, and
final project review. In addition, the DPW Director shall be available for meetings with the
Michigan Department of Transportation and shall assure that the Project Record Files are
maintained.
This resolution adopted.
Ayes___________________________________________________________________
Nays___________________________________________________________________
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on October 13, 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.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Beach St. Utility Special Assessment
Submitted By: Leo Evans Department: Public Works
Brief Summary: To set the date for a public hearing on the proposed special assessment for Beach
Street from Wilcox Avenue to Ohio Avenue at the November 24th, 2020 City Commission meeting.
Detailed Summary:
Staff has been petitioned by property owners along Beach Street to have the aerial communication
utilities (Frontier Communications and Comcast Cable) buried within the above referenced limits.
Staff has reviewed the request and additional documentation/detail is attached along with a
preliminary staff summary.
Staff is requesting permission to set the 1st Public Hearing for the creation of the Special
Assessment District for November 24th, 2020. Upon approval of the Public Hearing date staff will
mail notices to all impacted properties via the attached notice and solicit formal responses from all
impacted parties via mailers.
Staff will present all the attached documents at the public hearing along with the results of the
survey card for consideration in establishing the district.
It is staff position that the property owners are the sole beneficiaries of this assessment and as
such would bear 100% of the assessment cost should this assessment be approved.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Set the 1st Public Hearing Date for the purpose of establishing the special assessment district for
Beach Street Aerial Utility Burials for November 24th, 2020 and authorize staff to send the notices
and survey cards to the impacted property owners.
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
Resolution No.___________
Resolution At First Hearing Creating Special Assessment District
For Beach Street from Wilcox Avenue to Ohio Avenue
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on November 24, 2020 at 5:30 o'clock 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 November 24, 2020, there were ______% objections by the owners
of the property in the district 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 to construct the project
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 proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
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 front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that 100% of the cost of the street improvement will be paid by special assessments.
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, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on November 24, 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.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
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 October 14, 2020
Clerk
(231)724-6705 Notice of Public Hearing for the Creation of a Special Assessment District
FAX (231)724-4178
Comm. & Neigh. As petitioned by the impacted residents and in an effort towards neighborhood improvement, the Muskegon City
Services Commission is proposing that a special assessment district be created for the following project:
(231)724-6717
FAX (231)726-2501
Beach Street Aerial Utility Burial
Computer Info.
Technology
(231)724-4126 The specific locations of the special assessment district and the properties proposed to be assessed are:
FAX (231)722-4301
Engineering All parcels abutting Beach Street from Wilcox Avenue north to Ohio Avenue
(231)724-6707
FAX (231)727-6904
The City Commission proposes that the property owners by means of special assessments will share the cost of
Finance the improvement. You may examine preliminary plans and cost estimates at the City Department of Public
(231)724-6713
FAX (231)726-2325 Works during regular business hours - between 8:00 A.M. and 4:30 P.M. on weekdays, except holidays.
Fire Department
(231)724-6795
Take notice that a public hearing for this proposed assessment will be held by the City of Muskegon Commission
FAX (231)724-6985 on November 24, 2020 at 5:30 PM. The meeting will be held at the City Commission Chambers or remotely as
Human Resources
circumstances allow.
Co. (Civil Service)
(231)724-6442 Please complete the enclosed survey card and return via the enclosed envelope to Leo Evans at the Department
FAX (231)724-6840
of Public Works. The results of the survey cards received on or before November 24, 2020 will be presented at
Income Tax the public hearing. Alternatively you may attend the meeting in person in lieu of returning the survey card.
(231)724-6770
FAX (231)724-6768
Further, please understand that you have a right to protest your assessment either in writing or in person at the
Mayor’s Office
(231)724-6701
hearing. If the special assessment roll is confirmed (at a later hearing) you will have thirty (30) days from the
FAX (231)722-1214 date of the roll’s confirmation to file a written appeal with the Michigan State Tax Tribunal. However, unless
Planning/Zoning
you protest at this hearing or at the hearing confirming the roll, either in person, by your agent or representative,
(231)724-6702 or in writing before or at the hearing, your right to appeal to the Michigan Tax Tribunal will be lost.
FAX (231)724-6790
Police Department By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in
(231)724-6750 writing at or before the hearing, the improvement shall not be made unless the City Commission determines by
FAX (231)722-5140
affirmative vote of all its members that the safety or health of the public necessitates the improvement.
Public Works
(231)724-4100 If you have any further questions feel free to contact me at the phone / email listed below.
FAX (231)722-4188
SafeBuilt Sincerely,
(Inspections)
(231)724-6715
FAX (231)728-4371
Treasurer Leo Evans
(231)724-6720 DPW Director
FAX (231)724-6768
231-724-6920
Water Billing Leo.Evans@shorelinecity.com
(231)724-6718
FAX (231)724-6768
Enclosures
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
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that a special assessment district be created for the following project:
BEACH STREET AERIAL UTILITY BURIAL
The specific locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Beach Street from Wilcox Avenue north to Ohio Avenue
The City Commission proposes that the property owners by means of special assessments will share the
cost of the improvement. You may examine preliminary plans and cost estimates at the City Department
of Public Works during regular business hours - between 8:00 A.M. and 4:30 P.M. on weekdays, except
holidays.
Take notice that a public hearing for this proposed assessment will be held by the City of Muskegon
Commission on November 24, 2020 at 5:30 PM. The meeting will be held at the City Commission
Chambers or remotely as circumstances allow.
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL’S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment
in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by
affirmative vote of all its members that the safety or health of the public necessitates the improvement.
PUBLISH: November 14, 2004 Ann Marie Meisch, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Ann Marie Meisch, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
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 October 1, 2020
Clerk
(231)724-6705 RE: Special Assessment Report – Beach Street Utility Relocation
FAX (231)724-4178
Comm. & Neigh.
Services
Mayor / Commissioners / City Manager Peterson;
(231)724-6717
FAX (231)726-2501
Please find below and enclosed a summary of a citizen initiated petition to have the aerial utility lines
Computer Info. along Beach Street from Wilcox Avenue north to Ohio Avenue buried within the Beach Street right-
Technology
(231)724-4126 of-way.
FAX (231)722-4301
Engineering A citizen led petition was presented to the Engineering Department requesting to have the aerial
(231)724-6707
FAX (231)727-6904 communication lines along Beach Street from Wilcox Avenue north to Ohio Avenue buried to
improve aesthetics and sight lines of the beach from the properties abutting Beach Street on the
Finance
(231)724-6713 easterly side within the above limits. A map of the impacted area is included as Attachment A.
FAX (231)726-2325
Fire Department The preliminary citizen report indicated that an estimated >50% of the front footage was in support of
(231)724-6795
FAX (231)724-6985
this project based on preliminary estimates of costs and front footage. A spreadsheet showing the
preliminary responses from the residents is included as Attachment B.
Human Resources
Co. (Civil Service)
(231)724-6442 After hearing of the positive response from the impacted parcels engineering made contact with the
FAX (231)724-6840
impacted utilities and requested a formal quote to complete this work. The results of those requests
Income Tax are included as Attachment C1 and Attachment C2 and shows that the estimated cost for the
(231)724-6770
FAX (231)724-6768 completion of the construction for this work is $134,678.51. In addition to the construction costs
Mayor’s Office
there are anticipated mailing and publication costs of $4,000 associated with this special assessment.
(231)724-6701 Leading to an estimated total cost of $138,678.51. A summary of the anticipated cost per parcel
FAX (231)722-1214
based on front footage and assumed at 100% coverage is included as Attachment D based on a 10-
Planning/Zoning year repayment period.
(231)724-6702
FAX (231)724-6790
Police Department
County Assessor office is aware of the project and has concurred that an assessment based on front
(231)724-6750 footage is appropriate for this situation. In addition the Assessor has concluded that the benefits to
FAX (231)722-5140
the property exceed the estimated cost.
Public Works
(231)724-4100
FAX (231)722-4188 At this time staff is recommending that the Commission establish a date for the first public hearing to
consider establishment of a special assessment district for this project work.
SafeBuilt
(Inspections)
(231)724-6715
FAX (231)728-4371
Treasurer
(231)724-6720 Leo Evans
FAX (231)724-6768 City of Muskegon
Water Billing Public Works Director
(231)724-6718
FAX (231)724-6768
Attachments A, B, C1, C2, D
Water Filtration CC – J. Schrier, S. Petersen, K. Grant
(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
ATTACHMENT A Aerial utility relocation area
Beach Street;
Area Map Wilcox north to Ohio
ATTACHMENT B
Preliminary Responses
ATTACHMENT C1
Frontier
Communications FRONTIER ENGINEERING
860 Terrace St.
Cost Estimate Muskegon, MI 49440
September 11, 2020
City of Muskegon
Attn: Leo Evans
Mukegon, MI. 49441
Dear Mr. Evans,
Re: Relocating Frontier Communications cable from aerial to buried – Est: 35314.
This is in response to your request for Frontier Communications to perform the following work: To
relocate the existing overhead aerial cable to buried cable on Beech St from Wilcox to Ohio.
We have estimated the cost of this work effort will be $75,000.00. This signed agreement, along with the
full advance payment, must be returned before this work will be scheduled.
If you agree to these terms, please sign on page 2 and forward this signed letter of agreement and check
for $75,000.00 made payable to Frontier Communications to the attention of Neil Orlowski at the address
listed below. In additioni please email a copy of signed letter to me at david.b.flermoen@ftr.com.
Frontier Communications
Attn: Neil Orlowski
14450 Burnhaven Drive
Burnsville, MN. 55306
If you are signing for a company or other entity, then by signing below, you warrant that you are
authorized to bind the company or entity to the terms of this letter agreement. Upon receipt of your signed
agreement and advance payment, your work order will be released to our Construction Department for
scheduling.
Frontier shall not be responsible to the extent its performance is delayed or prevented due to causes
beyond its control, including but not limited to acts of God or the public enemy, terrorism, civil commotion,
embargo, acts of government, any law order, ordinance, regulation, or requirement of any government,
fires, explosions, weather, quarantine, strikes, labor disputes, lockouts, and other causes beyond the
reasonable control of Frontier Communications.
Please be advised that the price estimate quoted above is only valid for sixty (60) days from the date of
this letter. If this work request is cancelled after you have signed the agreement, you will be billed for any
engineering and construction cost incurred after the date of signature that may include the cost to place
and/or remove facilities.
Page | 1
If this signed agreement and the advance payment is not received within this sixty (60) day period, we will
assume you do not want the work to be undertaken and the project will be cancelled.
Should you have any questions or concerns regarding these terms, please contact me at 231-727-1134.
Sincerely,
Dave Flermoen Robin Williams
Dave Flermoen Robin Williams
Specialist – OSP Engineer Manager, Network Operations
Frontier Communications Frontier Communications
860 Terrace St. 3249 Forest Rd
Muskegon, MI 49440 Gaylord, MI 49735
231-727-1319 (o) 989-732-8503 (o)
231-327-0539 (c) 517-230-1226 (c)
I agree to the terms of this agreement:
Accepted (Signature): __________________________________________________________
Name & Title (Print): ____________________________________________________________
Company: ___________________________________________________________________
Billing Address: _______________________________________________________________
Telephone #: _________________________________________________________________
Date: _______________________________________________________________________
Page | 2
ATTACHMENT C2
Comcast Cable
Communications
Comcast Cable Communications, LLC. Cost Estimate
41112 Concept Drive
Plymouth, MI 48170
9/22/20
SENT VIA SECOND DAY MAIL
Leo Evans
1746 Beach St Muskegon, MI 49441
RE: Removal and/or Relocation of Comcast Facilities – Request #JB0000434858
You have requested that Comcast undertake to remove and/or relocate its facilities located at or near
1746 Beach St Muskegon, MI 49441 . In order for Comcast to begin work on
such removal and/or relocation, it is necessary that the enclosed Comcast Line Removal and/or
Relocation Agreement (“Agreement”) be completed and returned to my attention at the following
address:
25626 Telegraph Rd Southfield, MI 48033
If there are multiple owners of the property, each owner must sign the Agreement. If any owner is
married, that person’s spouse must sign, as well. I have enclosed extra copies of the Agreement for your
records. Upon our receipt of the fully executed Agreement and payment in the amount of $
59678.51 , as specified in the Agreement, we will commence the requested
removal and/or relocation. Please understand that this amount represents an estimate to complete the
work and may increase if additional work is needed or additional expenses incurred by Comcast in
completion of the work.
Very truly yours,
Jason Brown
Construction Coordinator 2
3500 Patterson Ave SE
Grand Rapids MI, 49512
Email: Jason_Brown6@cable.comcast.com
Desk: (734) 359 1942
Cell: (231) 726 0862
COMCAST LINE REMOVAL AND/OR RELOCATION AGREEMENT
This Removal and/or Relocation Agreement (“Agreement”) is entered into by and between 1746
BEACH ST MUSKEGON MI 49441 , with an address of 1746 BEACH ST MUSKEGON MI
49441 (“Owner”), and Comcast (“Comcast”) (Comcast and the Owner
are sometimes together referred to herein as the “Parties”).
WHEREAS, Owner has requested that Comcast relocate its cable facilities located at Owner’s property in
the City/Township of Muskegon Township , Muskegon County,
Michigan (the “Property”), more particularly described as:
Commonly known as: 1746 BEACH ST MUSKEGON MI 49441
Tax Parcel No.: 23-2175755
NOW, THEREFORE, the Parties agree as follows:
1. Payment. Owner, as consideration for the above-referenced removal/relocation, shall pay to
Comcast, a fee of $ 59678.51 to cover the costs and expenses incurred by Comcast.
The fee must be made by cashier’s or certified bank check payable to “Comcast” and delivered
to Comcast together with this signed Agreement prior to commencement of the above-
referenced removal and/or relocation. Any part of the fee remaining after the completion of
the removal and/or relocation of Comcast’s, will be refunded by Comcast to Owner. In the
event the fee is insufficient to cover the cost of the removal and/or relocation, Owner shall pay
to Comcast the outstanding amount due within seven (7) days of the receipt of a written invoice
from Comcast. If Owner does not pay within seven (7) days, Comcast may file a lien against the
Property in addition to seeking all other remedies available to it at law or in equity.
2. Representations and Warranties. In making and executing this Agreement, Owner represents
and warrants as follows:
a. Owner is the fee simple owner of the property free and clear of all liens and
encumbrances other than building and use restrictions of record, has full power and
authority to execute and deliver this Agreement to Comcast and agrees to be fully
bound by its terms.
b. Owner has had an opportunity to consult legal counsel of Owner’s choice concerning
its/his/her respective rights and concerning the advisability of executing this Agreement.
3. Enforcement of this Agreement. If Comcast must enforce this Agreement through litigation,
collection, or the filing of a lien, Comcast shall be entitled to collect all costs and fees incurred in
connection with prosecuting such action, including actual attorney’s fees and court costs,
including any costs or fees incurred in connection with enforcing, modifying, vacating, and/or
collecting any lien, order or judgement any fees and costs incurred in connection with any
appeal and/or post-judgement collection activity.
4. Entire Agreement. This Agreement constitutes the entire agreement of the Parties. There are
no other agreements, written or oral, expressed or implied, between the Parties except as set
forth herein.
5. Construction. This Agreement shall be construed according to Michigan law. If any term,
provision, or conditioned contained in this Agreement shall, to any extend, be invalid or
unenforceable, the remainder of this Agreement (or the application of such term, provision, or
condition to persons or circumstances other than those in respect of which it is invalid or
unenforceable) shall not be affected thereby and each term, provision, or condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
ACCEPTED AND AGREED THIS DAY OF , 20 .
“Owner” “Comcast”
Comcast
By: Jason Brown
Its:
Date: Date: 9/22/20
Jason Brown
Construction Coordinator 2
3500 Patterson Ave SE
Grand Rapids MI, 49512
Email: Jason_Brown6@cable.comcast.com
Desk: (734) 359 1942
Cell: (231) 726 0862
ATTACHMENT D
Beach St. Wilcox to Ohio Utility Relocation
Information from Muskegon County GIS (Approximate Measurements) Estimated Cost Per
L. Evans (2020-09-22) Parcel
$138,678.51 Project Total (Estimated)
$14,561.24 Annualized (10 Years @ 5% INT)
Beach St (Wilcox to Ohio)
Parcel # Owner Address Frontage (FT) % Share Annual Cost Consenting
61-24-200-760-0010-00 ROSSO MARSHA J 1636 BEACH ST 47.858 3.78% $549.87
61-24-200-760-0009-00 EATON KEVIN G 1646 BEACH ST 50.051 3.95% $575.06
61-24-200-760-0008-00 SQUIRE DOREEN M TRUST 1650 BEACH ST 49.08 3.87% $563.91
61-24-200-760-0007-00 ANDERSON TRUST 1656 BEACH ST 50.171 3.96% $576.44
61-24-200-760-0006-00 DIAL STELLA 1662 BEACH ST 51.244 4.04% $588.77
61-24-200-760-0005-00 FELSKE JON A/KERSTIN M 1668 BEACH ST 50.168 3.96% $576.41
61-24-200-760-0004-00 1682 BEACH STREET LLC 1682 BEACH ST 50.09 3.95% $575.51
61-24-200-760-0003-00 LEWIS JEFFREY/JULIE 1686 BEACH ST 49.897 3.94% $573.29
61-24-200-760-0002-00 NESSELROAD SAM 1692 BEACH ST 49.916 3.94% $573.51
61-24-200-760-0001-00 JOHNSON TIMOTHY W 1704 BEACH ST 96.836 7.64% $1,112.60
61-24-505-002-0001-00 NEHRA GERALD P/JENSEN PEGGY TRUST 1710 BEACH ST 54.715 4.32% $628.65
61-24-505-002-0002-00 BAKER JOHN C/LEAH C 1718 BEACH ST 53.212 4.20% $611.38
61-24-505-002-0003-00 STOHR JANET 1730 BEACH ST 63.68 5.02% $731.65
61-24-505-002-0004-00 KABER RHONDA 1736 BEACH ST 61.53 4.86% $706.95
61-24-505-002-0005-00 POPPEN BEACH HOUSE LLC 1746 BEACH ST 57.49 4.54% $660.53
61-24-505-002-0006-00 STONE JIM/DORIS K TRUST 1752 BEACH ST 59.46 4.69% $683.17
61-24-505-002-0007-00 MCINTYRE EMILY 1762 BEACH ST 67.9 5.36% $780.14
61-24-505-002-0008-00 MCINTYRE WILLIAM P/ELAINE E 1770 BEACH ST 57.02 4.50% $655.13
61-24-505-001-0004-00 MOLITOR MARK/KYM 1786 BEACH ST 69.29 5.47% $796.11
61-24-505-001-0005-10 THOMAS BERNADETTE M 1790 BEACH ST 66.706 5.26% $766.42
61-24-505-001-0006-00 GRIFO FORD A 1796 BEACH ST 111.037 8.76% $1,275.76
Total $14,561.24
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: Traffic Control Orders
Submitted By: Doug Sayles/Leo Evans Department: Traffic/Engineering
Brief Summary: Approval of Traffic Control Orders #60, #61, #62, #63, #64 and #65.
Detailed Summary: To approve submitted Traffic Control Orders, #60, #61, #62, #63, #64 and #65
and authorize staff to remove/install various traffic control devices.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve removal/installation of various Traffic Control Devices as
outlined in the submitted Traffic Control Orders.
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
Traffic Control Order
No. 60-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Stop” signs on the Northwest
and Southeast corners of Denmark Street at Crozier Avenue.
Location: Denmark Street @ Crozier
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 61-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Yield” signs on the Southeast
and Northeast corners of Philo Avenue at Denmark Street and on the Northeast corner of Sisson
Avenue at Denmark Street.
Location: Denmark Street @ Philo and Sisson Avenues
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 62-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Yield” signs on the Southeast
and Northwest corners of Austin Street at Holbrook Avenue.
Location: Austin Street @ Holbrook Avenues
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 63-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Yield” signs on the Northeast
and Southwest corners of Forest Avenue at Hudson Street.
Location: Forest Avenue @ Hudson Street
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 64-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Yield” signs on the Northeast
and Southwest corners of Ada Avenue at Burton Road.
Location: Ada Avenue @ Burton Road
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 65-(2020)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Install “Yield” signs on the Northwest
and Southeast corners of Holt Street at Hill Avenue.
Location: Holt Street @ Hill Avenue
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/13/2020 Title: Aamodt Park Improvements
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting authorization to construct a new playground and picnic shelter
at Aamodt Park.
Detailed Summary:
Staff has worked closely to develop a proposed improvement plan for Aamodt Park that we fell will
greatly benefit the park and improve the usage at the site. The proposed project includes two
primary improvements:
• Replacement of the existing playground equipment on the site. The existing equipment
was installed in 1995 and has served its useful life. The current equipment is not compliant
with current standards nor is it maintainable any longer. The proposed playground would
be provided through the Parks Department preferred vendor (Sinclair Recreation) that has
most recently done work at the Pere Marquette playground. Sinclar Recreation is offering a
one-time grant to the city that covers approximately ½ the cost of the equipment for
purchases made prior to October 31, 2020. The grant results in a net savings of
approximately $30K to the city on this project. A rendering of the proposed playground is
included with the packet.
• Construction of a picnic shelter pavilion within the park. This will mostly be completed by
staff. The picnic shelter will be approximately 30 FT x 30 FT with electric.
The funding for the project is largely provided through CDBG dollars. CNS has identified $100K to
support this project. The total estimated cost is $140K with the difference being allocated to the
General Fund. A capital number has been created to track costs and will be shown in the
upcoming reforecast.
At this time staff is seeking authorization for the following three items, not to exceed $130,000 in
aggregate without returning to the Commission for further consideration.
• To purchase the playground equipment and installation services from Sinclair Recreation
• Solicit bids for the playground foundation and award to the low bidder.
• Procure materials for the construction of the pavilion
Amount Requested: $130,000 Amount Budgeted: $0
Fund(s) or Account(s): 101-92043-5346 Fund(s) or Account(s): 101-92043-5346
Recommended Motion:
Authorize staff to purchase the playground equipment and installation services from Sinclair
Recreation in the amount of $96,385.10, and authorize staff to solicit bids for the playground
foundation and pavilion materials and award those contracts provided the aggregate cost for the
three items does not exceed $130,000.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DATE: 10/8/2020
EASTSIDE PARKS - 2020 COST ESTIMATE
PARK ITEM ITEM TOTAL
REESE FIELD
SITE PREP $ 9,900.00
SPLASH PAD
PAVILION $ 11,300.00
PAVING $ 2,800.00
TOTAL: $ 24,000.00
AAMODT PARK
SITE PREP $ 2,000.00
PAVILION #REF!
PLAYGROUND #REF!
TOTAL: #REF!
SHELDON PARK
PAVING $ 9,995.00
RESTROOM/PAVILION
TOTAL: $ 9,995.00
Beukema Playfield
SITE PREP $ -
PAVILION $ 11,300.00
PAVING $ 13,895.00
TOTAL: $ 25,195.00
Grand Total: #REF!
Date:
REESE FIELD IMPROVEMENTS
MUSKEGON, MI
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUC
Item Unit Total Quantity Unit Cost
SITE PREPARATION
SITE CLEARING AND GRUBBING SY 1800 $5.50
SPLASH PAD
PAVILLION
MATERIAL (WEBBER LUMBER) 0
CONCRETE 0
ELECTRICAL 0
LABOR 0
PAVING
SIDEWALK, CONC, 4 INCH SFT 560 $5.00
SUBTOTAL
10/8/2020
EASTSIDE PARKS - 2020
CTION COST
Unit Total Item Total
$ 9,900.00
$ 9,900.00
$ 1,000.00
$ 3,000.00
$ 2,800.00
$ 4,500.00
$ 11,300.00
$ 2,800.00
$ 2,800.00
$24,000.00
AAMODT PARK IMPROVEMENTS
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST (10/05/2020 - L. Evans)
Item Description Unit Quantity Unit Cost Total Cost Funding Notes
SITE PREPARATION
REMOVAL OF EXISTING PLAYGROUND & SIDEWALK LSUM 1 $2,000.00 $ 2,000.00 Parks Performed In-House, Estimate of Labor + Equipment Costs
PAVILLION
MATERIAL (WEBBER LUMBER) LSUM 1 $10,000.00 $ 10,000.00 Parks From Matt Beerman estimate based off matching pavillion at McLaughlin Park. All work to be
CONCRETE LSUM 1 $3,000.00 $ 3,000.00 Parks performed with in-house staff, less the electrical work which would be contracted through
ELECTRICAL LSUM 1 $2,800.00 $ 2,800.00 Parks Windemueller Electric
LABOR LSUM 1 $4,500.00 $ 4,500.00 Parks
PLAYGROUND
CONCRETE PAD & PREP WORK LSUM 1 $20,000.00 $ 20,000.00 Parks Based on ballpark quote from Tridonn - Would need to obtain formal quotes
PLAYGROUND EQUIPMENT LSUM 1 $62,125.00 $ 62,125.00 CDBG Sinclair Quote
PLAYGROUND SURFACE TILES LSUM 1 $43,146.00 $ 43,146.00 CDBG Sinclair Quote
INSTALLATION LSUM 1 $18,250.00 $ 18,250.00 CDBG Sinclair Quote
FREIGHT LSUM 1 $2,199.74 $ 2,199.74 CDBG Sinclair Quote
SINCLAIR GRANT LSUM 1 -$29,335.64 -$ 29,335.64 CDBG Sinclair Quote
TOTAL $ 138,685.10
CDBG - SUBTOTAL $ 96,385.10
Parks - SUBTOTAL $ 42,300.00
Date: 10/8/2020
EASTSIDE PARKS - 2020
SHELDON PARK IMPROVEMENTS
MUSKEGON, MI
ELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION CO
Item Unit Total Quantity Unit Cost Total Cost Item Total
PAVING
CURB AND GUTTER REMOVAL FT 20 $7.50 $ 150.00
SIDEWALK REMOVAL SFT 0 $10.00 $ .00
CURB RAMP OPENING , CONC FT 10 $20.00 $ 200.00
DETECTABLE WARNING SURFACE FT 40 $40.00 $ 1,600.00
SIDEWALK, CONC, 4 INCH SFT 1,609 $5.00 $ 8,045.00
$ 9,995.00
RESTROOMS/PAVILIOIN
SUBTOTAL $9,995.00
Date: 10/8/2020
EASTSIDE PARKS - 2020
BEUKEMA PLAYFIELD IMPROVEMENTS
MUSKEGON, MI
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
Item Unit Total Quantity Unit Cost Total Cost
SITE PREPARATION
SITE CLEARING AND GRUBBING SY 0 $5.50 $ .00
IN-HOUSE WORK
PAVILLION
MATERIAL (WEBBER LUMBER) 0 $ 1,000.00
CONCRETE 0 $ 3,000.00
ELECTRICAL 0 $ 2,800.00
LABOR 0 $ 4,500.00
PAVING
CURB AND GUTTER REMOVAL FT 10 $7.50 $ 75.00
SIDEWALK REMOVAL SFT 25 $10.00 $ 250.00
CURB RAMP OPENING , CONC FT 10 $20.00 $ 200.00
DETECTABLE WARNING SURFACE FT 10 $40.00 $ 400.00
SIDEWALK, CONC, 4 INCH SFT 2,594 $5.00 $ 12,970.00
SUBTOTAL $25,195.00
Item Total
$ .00
$ 11,300.00
$ 13,895.00
GameTime c/o Sinclair Recreation 10/02/2020
PO Box 1409 Quote #100535-01-03
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
Aamodt Park - Option 3 - CASH WITH ORDER
City of Muskegon Ship to Zip 49440
Attn: Leo Evans
PO BOX 536
MUSKEGON, MI 49443-0536
Phone: 231-724-6920
leo.evans@shorelinecity.com
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Custom PrimeTime Structure $57,046.00 $57,046.00
(1) 32076 -- Trinet (Med) W/Pt Connection
(1) 18699 -- Storefront Panel 36"
(1) 12215 -- Crunch Bar Prime Time
(1) 19247 -- How Tall Am I
(1) 18679 -- Bongos
(1) 19698 -- Sloped Funnel Climber Barrier (Dbl)
(1) 19001 -- Entry Way
(1) 19291 -- 2' Kickplate W/ Rung
(1) 19674 -- Erratic Climber (Metal) 7'-8'
(1) 19099 -- Schooner (7'-6" & 8')
(1) 19215 -- Rung Enclosure W/ Steering Wheel
(1) 19427 -- Single Spiral
(1) 19327 -- Pod Climber
(1) 19252 -- Scramble Up (3')
(1) 19355 -- 4'-0"/5'-0" Dbl Bubble Climber Attach
(9) 18201 -- 36" Tri Punched Deck P/T
(1) 19089 -- Chain Link (5' & 5'6")
(1) 19125 -- Wave Zip Slide (6')
(1) 19015 -- Transfer Platform W/ Barrier (5')
(1) 19320 -- Ergo Link (3' Rise)
(1) 19005 -- Transfer System W/Barrier (2' Rise)
(1) 18200 -- 36" Sq Punched Deck P/T 1.3125
(5) G12069 -- 3 1/2"Uprt Ass'Y Galv 14'
(2) 12068 -- 3 1/2"Uprt Ass'Y Alum 13'
(2) 12026 -- 3 1/2" Uprt Ass'Y Alum 11'
(6) 12027 -- 3 1/2" Uprt Ass'Y Alum 12'
(3) 12024 -- 3 1/2" Uprt Ass'Y Alum 9'
1 90777 GameTime - Kidnetix Twirl $5,079.00 $5,079.00
2350 Sof Surface Tile Sinclair Recreation - DuraSAFE "Premium" 4.25" for an 8' CFH- $18.36 $43,146.00
Includes adhesive and installation and shipping
Page 1 of 3
GameTime c/o Sinclair Recreation 10/02/2020
PO Box 1409 Quote #100535-01-03
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
Aamodt Park - Option 3 - CASH WITH ORDER
Quantity Part # Description Unit Price Amount
1 INSTALL Installation - Installation of PrimeTime Structure $18,250.00 $18,250.00
Contract: OMNIA Sub Total $123,521.00
Grant ($29,335.64)
Freight $2,199.74
Total $96,385.10
Comments
Price does not include excavation, removal of existing equipment, concrete pad or concrete curb required for T ile.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICIALLY
IDENTIFIED ABOVE IN QUOTE.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 30, with full payment to allow for processing, and
your order will ship within 3-5 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Page 2 of 3
GameTime c/o Sinclair Recreation 10/02/2020
PO Box 1409 Quote #100535-01-03
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
Aamodt Park - Option 3 - CASH WITH ORDER
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders and drainage provisions.
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $96,385.10
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY IDENTIFIED ABOVE IN
QUOTE. IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED.
Quote prepared by: Jeremy Bosman
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:10-13-2020 Title: Business Improvement District public
hearing
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: A public hearing has been scheduled to receive comment a proposed Downtown
Muskegon Business Improvement District special assessment roll for 2021-2023.
Detailed Summary: The Muskegon City Commission approved a three-year renewal of the
downtown BID at its September 8, 2020 meeting, including the district and special assessment
rate. The special assessment roll includes 103 parcels and annually would generate $114,818.66
for the BID. At the September 8, 2020 meeting, there were four property owners with 12 parcels
objecting to the BID that represented 5.8 percent of the total assessment and 11.6 percent of the
total parcels. The three-year BID budget would focus downtown work on seasonal landscaping,
winter sidewalk snow removal and administration. The City Commission created a Board of
Assessors that includes Commissioners Ken Johnson and Michael Ramsey, who along with the
city assessor will certify the special assessment roll. After hearing public comment, the attached
resolution would confirm the BID’s special assessment roll for three years.
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 confirm the
Downtown Muskegon Business Improvement District special assessment roll for the winter tax bills
of 2020, 2021 and 2022 and have the Mayor and Clerk sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION CONFIRMING THE SPECIAL ASSESSMENT ROLL
OF THE DOWNTOWN MUSKEGON
BUSINESS IMPROVEMENT DISTRICT
2021-2023
City of Muskegon
County of Muskegon, Michigan
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission created a special assessment district covering the properties
set forth in Exhibit A attached to this resolution on September 8, 2020, at a first
public hearing.
2. The City Commission had a public hearing Oct. 13, 2020, at 5:30 p.m. at the City
Commission Chambers to hear comments on the proposed BID special assessment
roll. Notice was given by mail and publication as required by law.
3. The City has reviewed the special assessment roll which is based a special
assessment in the district levying on “Class A” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of $0.08/sf with no assessment to
exceed $4,000 and “Class B” Properties, as defined in the BID Bylaws, shall be
assessed an annual assessment of $0.04/sf with no assessment to exceed $2,000.
4. The City Commission has heard all objections to the special assessment roll filed
before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the BID special assessment roll submitted by the Board of Assessors is hereby
approved.
2. That the assessments levied will be placed on the Winter 2020, 2021 and 2022
property tax bills.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor to endorse the resolution bearing the date of this resolution which is the date
of confirmation.
This resolution adopted.
Ayes
___________________________________________________________________
____________________________________________________________________________
Nays
___________________________________________________________________
____________________________________________________________________________
CITY OF MUSKEGON
By ________________________________
Stephen J. Gawron, Mayor
By _________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on October 13, 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 CONFIRMING THE SPECIAL ASSESSMENT ROLL
OF THE DOWNTOWN MUSKEGON
BUSINESS IMPROVEMENT DISTRICT
2021-2023
Exhibit A
2021-2023 BUSINESS IMPROVEMENT DISTRICT - ASSESSMENT ROLL Three Year List
Properties highlighted in gray are opposed to the BID.
% OF ASSESSED ASS'MT BASED
PARCEL NO. PROPERTY ADDRESS ZIP OWNER OWNER STREET ADDRESS OWNER CITY OWNER STATE OWNER ZIP AREA (SF) ASS'MT AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-433-000-0003-00 926 2ND ST 49440 HSD II LLC 272 W CLAY AVE MUSKEGON MI 49440 871.2 $ 69.70 0.034293553 0.002743484 A
61-24-433-000-0002-00 930 2ND ST 49440 HSD II LLC 272 W CLAY AVE MUSKEGON MI 49440 871.2 $ 69.70 0.034293553 0.002743484 A
61-24-433-000-0001-00 934 2ND ST 49440 HSD II LLC 272 W CLAY AVE MUSKEGON MI 49440 871.2 $ 69.70 0.034293553 0.002743484 A
61-24-205-563-0006-00 902 3RD ST 49440 HUME PROPERTIES LLC 900 3RD ST STE 302 MUSKEGON MI 49440 56628 $ 4,000.00 2.229080933 0.178326475 A CAP
61-24-605-000-0001-00 939 3RD ST 49440 939 THIRD STREET LLC 75 W WALTON AVE STE A MUSKEGON MI 49440 66211.2 $ 4,000.00 2.606310014 0.208504801 A CAP
61-24-205-567-0001-50 955 3RD ST 49440 939 THIRD STREET LLC 75 W WALTON AVE STE A MUSKEGON MI 49440 103237.2 $ - 4.063786008 0.325102881 A CONT. 939 3RD
61-24-205-351-0007-00 1100 3RD ST 49441 VENTURE ONE MANAGEMENT LLC 2964 LAKESHORE DR W604 MUSKEGON MI 49441 9147.6 $ 731.81 0.360082305 0.028806584 A
61-24-205-367-0001-00 1115 3RD ST 49441 SIGMA PROPERTIES LLC 3261 SPRINGBROOK DR NW GRAND RAPIDS MI 49544 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-367-0016-00 1121 3RD ST 49441 SQUARE TWO DEVELOPMENT 202 44TH ST SW STE1 GRAND RAPIDS MI 49548 1742.4 $ 139.39 0.068587106 0.005486968 A
61-24-205-367-0015-00 1125 3RD ST 49441 SQUARE TWO DEVELOPMENT LLC 202 44TH SW GRAND RAPIDS MI 49548 6534 $ 522.72 0.257201646 0.020576132 A
61-24-205-367-0014-00 1129 3RD ST 49441 MJ PLACE LLC 3497 MACARTHUR RD MUSKEGON MI 49442 1306.8 $ 104.54 0.051440329 0.004115226 A
61-24-205-367-0013-00 1133 3RD ST 49441 NAP DEVELOPMENT LLC 202 44TH ST SW STE 1 GRAND RAPIDS MI 49548 4791.6 $ 383.33 0.18861454 0.015089163 A
61-24-205-367-0012-00 1137 3RD ST 49441 LEMKE DELORES J/LEMKE KIM A 1137 3RD ST MUSKEGON MI 49441 4791.6 $ 383.33 0.18861454 0.015089163 A
61-24-205-367-0011-00 1141 3RD ST 49441 AGUILAR LUIS 8726 S HUSTON CHICAGO IL 60617 2178 $ 174.24 0.085733882 0.006858711 A
61-24-205-365-0001-00 1144 3RD ST 49441 ALLIANCE PREFERRED PROPERTIES LLC 2752 SCHINDLER DR NW GRAND RAPIDS MI 49544 124581.6 $ 4,000.00 4.903978052 0.392318244 A CAP
61-24-205-367-0011-10 1147 3RD ST 49441 IIS PROPERTIES LLC 202 44TH ST SW STE 1 GRAND RAPIDS MI 49548 6098.4 $ 487.87 0.24005487 0.01920439 A
61-24-205-379-0001-00 1157 3RD ST 49441 S & R KADO LLC 3902 CANYON CREEK DR SW GRAND RAPIDS MI 49534 18295.2 $ 1,463.62 0.720164609 0.057613169 A
61-24-205-379-0011-00 1185 3RD ST 49441 CAREY AND ASSOCIATES LLC 101 E STREET SE WASHINGTON DC 20003 18295.2 $ 1,463.62 0.720164609 0.057613169 A
61-24-205-317-0007-00 1208 8TH ST 49440 CORE DEVELOPMENT LLC 794 PINE ST #210 MUSKEGON MI 49442 24829.2 $ 1,986.34 0.977366255 0.0781893 A
61-24-205-174-0009-00 28 E CLAY AVE 49442 WITT LEE A TRUST 1501 RUDDIMAN DR MUSKEGON MI 49445 49222.8 $ 3,937.82 1.937585734 0.155006859 A
61-24-485-000-0000-00 878 JEFFERSON ST 49440 JEFFERSON PROFESSIONAL CONDOMINIUM 878 JEFFERSON ST MUSKEGON MI 49440 37461.6 $ 2,996.93 1.474622771 0.117969822 A
61-24-205-329-0001-00 885 JEFFERSON ST 49440 HENNESSY HOLDING LLC 1074 JEFFERSON ST MUSKEGON MI 49440 16988.4 $ 1,359.07 0.66872428 0.053497942 A
61-24-205-330-0008-00 896 JEFFERSON ST 49440 896 JEFFERSON LLC PO BOX 809 MUSKEGON MI 49443 9147.6 $ 731.81 0.360082305 0.028806584 A
61-24-792-000-0000-00 316 MORRIS AVE 49440 HINMAN LAKE LLC 750 TRADE CENTRE WAY STE 100 PORTAGE MI 49002 186436.8 $ 4,000.00 7.338820302 0.587105624 A CAP
61-24-792-000-0001-00 316 MORRIS AVE 49440 HINMAN LAKE LLC 750 TRADE CENTRE WAY STE 100 PORTAGE MI 49002 21344.4 $ - 0.840192044 0.067215364 A CONT. 316 MORRIS
61-24-205-563-0008-11 340 MORRIS AVE 49440 MUSKEGON GSA LLC PO BOX 13470 RICHMOND VA 23225 50094 $ 4,000.00 1.971879287 0.157750343 A CAP
61-24-205-563-0008-10 372 MORRIS AVE 49440 FOUNDRY SQUARE LLC 370 MID OAK DR NORTH MUSKEGON MI 49445 347173.2 $ 4,000.00 13.6659808 1.093278464 A CAP
61-24-233-000-0001-00 387 MORRIS AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 24829.2 $ 1,986.34 0.977366255 0.0781893 A
61-24-233-000-0002-00 401 MORRIS AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 24393.6 $ 1,951.49 0.960219479 0.076817558 A
61-24-205-174-0004-00 750 PINE ST 49442 BOLEN DAVID L PO BOX 113 ROTHBURY MI 49452-0113 19602 $ 1,568.16 0.771604938 0.061728395 A
61-24-205-174-0008-00 772 PINE ST 49442 WITT LEE A TRUST 1501 RUDDIMAN DR MUSKEGON MI 49445 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-175-0021-00 777 PINE ST 49442 ELENBAAS HOLDINGS LLC 777 PINE ST MUSKEGON MI 49442 15681.6 $ 1,254.53 0.617283951 0.049382716 A
61-24-205-177-0005-00 794 PINE ST 49442 COREPARK INVESTMENTS LLC 794 PINE ST SUITE 210 MUSKEGON MI 49442 21780 $ 1,742.40 0.85733882 0.068587106 A
61-24-205-176-0015-00 813 PINE ST 49442 NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-177-0007-00 820 PINE ST 49442 NW MILL REAL ESTATE LLC 820 PINE ST MUSKEGON MI 49442 26571.6 $ 2,125.73 1.045953361 0.083676269 A
61-24-205-176-0013-00 821 PINE ST 49442 NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 1742.4 $ 139.39 0.068587106 0.005486968 A
61-24-205-556-0001-00 149 SHORELINE DR 49440 HOT ROD HARLEY DAVIDSON 149 SHORELINE DR MUSKEGON MI 49440 396831.6 $ 4,000.00 15.62071331 1.249657064 A CAP
61-24-205-562-0001-00 715 TERRACE ST 49440 MOKA CORPORATION 715 TERRACE ST STE 201 MUSKEGON MI 49440 117612 $ 4,000.00 4.62962963 0.37037037 A CAP
61-24-205-175-0010-00 790 TERRACE ST 49440 BRIGGS RUBIN O 311 W MUSKEGON MUSKEGON MI 49440 14810.4 $ 1,184.83 0.582990398 0.046639232 A
61-24-205-175-0015-00 806 TERRACE ST 49440 RIEGLER PROPERTIES LLC 806 TERRACE ST MUSKEGON MI 49440-1123 14810.4 $ 1,184.83 0.582990398 0.046639232 A
61-24-205-175-0016-00 820 TERRACE ST 49440 CZM PROPERTIES LLC 700 TERRACE POINT RD #400 MUSKEGON MI 49440 12196.8 $ 975.74 0.480109739 0.038408779 A
61-24-205-330-0001-00 835 TERRACE ST 49440 CIHAK CHARLES W/LINDA B 835 TERRACE ST MUSKEGON MI 49440 8276.4 $ 662.11 0.325788752 0.0260631 A
61-24-205-176-0001-00 860 TERRACE ST 49440 FRONTIER COMMUNICATIONS 401 MERRITT 7 NORWALK CT 06851 81892.8 $ 4,000.00 3.223593964 0.257887517 A CAP
61-24-205-175-0020-00 98 W CLAY AVE 49440 NIPOTE'S LLC 1251 SPENCER WOODS DR MUSKEGON MI 49445 1742.4 $ 139.39 0.068587106 0.005486968 A
61-24-205-176-0003-00 103 W CLAY AVE 49440 EAST OF EDEN LLC 103 W CLAY AVE MUSKEGON MI 49440 6098.4 $ 487.87 0.24005487 0.01920439 A
61-24-205-175-0018-00 118 W CLAY AVE 49442 FRONTIER COMMUNICATIONS 401 MERRITT 7 NORWALK CT 06851 18295.2 $ 1,463.62 0.720164609 0.057613169 A
61-24-205-176-0005-00 121 W CLAY AVE 49440 JILLIAN & JORDAN LLC 675 RICHMOND NW GRAND RAPIDS MI 49504 4791.6 $ 383.33 0.18861454 0.015089163 A
61-24-205-330-0003-00 163 W CLAY AVE 49440 165 CLAY LLC PO BOX 809 MUSKEGON MI 49443 5227.2 $ 418.18 0.205761317 0.016460905 A
61-24-205-330-0002-00 165 W CLAY AVE 49440 165 CLAY LLC PO BOX 809 MUSKEGON MI 49443 4791.6 $ 383.33 0.18861454 0.015089163 A
61-24-205-330-0004-00 173 W CLAY AVE 49440 DOOM INVESTMENTS LLC 5302 S 184TH AVE HESPERIA MI 49421 6534 $ 522.72 0.257201646 0.020576132 A
Page 1 of 3
2021-2023 BUSINESS IMPROVEMENT DISTRICT - ASSESSMENT ROLL Three Year List
Properties highlighted in gray are opposed to the BID.
% OF ASSESSED ASS'MT BASED
PARCEL NO. PROPERTY ADDRESS ZIP OWNER OWNER STREET ADDRESS OWNER CITY OWNER STATE OWNER ZIP AREA (SF) ASS'MT AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-433-000-0004-00 296 W CLAY AVE 49440 EILEEN MARIE LLC 296 W CLAY AVE MUSKEGON MI 49440 1306.8 $ 104.54 0.051440329 0.004115226 A
61-24-138-000-0104-00 297 W CLAY AVE 104 49440 JANSKI LLC PO BOX 1225 MUSKEGON MI 49443 28314 $ 2,265.12 1.114540466 0.089163237 A
61-24-205-351-0005-00 275 W MUSKEGON AVE 49440 SPIRIT SPE PORTFOLIO CA C-STORES LL 1410 COMMONWEALTH DR SUITE 202 WILMINGTON NC 28403 18295.2 $ 1,463.62 0.720164609 0.057613169 A
61-24-205-176-0012-00 66 W WEBSTER AVE 49440 NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 6098.4 $ 487.87 0.24005487 0.01920439 A
61-24-205-330-0010-00 136 W WEBSTER AVE 49440 136 WEST WEBSTER AVENUE LLC 926 SAN JOSE DR SE GRAND RAPIDS MI 49506 18730.8 $ 1,498.46 0.737311385 0.058984911 A
61-24-205-555-0001-00 100 W WESTERN AVE 49442 THEBO JOYCE M REVOCBLE LIVING TRUST 45995 MEADOW CIRCLE E MACOMB MI 48044 17424 $ 1,393.92 0.685871056 0.054869684 A
61-24-205-175-0001-00 111 W WESTERN AVE 49442 SINGLE TRIP PARTNERS LLC 3935 BRAEBURN DR MUSKEGON MI 49441 27442.8 $ 2,195.42 1.080246914 0.086419753 A
61-24-205-175-0006-00 121 W WESTERN AVE 49440 FIRST GENERAL CREDIT UNION 589 E ELLIS RD MUSKEGON MI 49441 16552.8 $ 1,324.22 0.651577503 0.0521262 A
61-24-234-000-0001-00 285 W WESTERN AVE 49440 PARKLAND MUSKEGON INC 75 W WALTON AVE MUSKEGON MI 49440 11325.6 $ 906.05 0.445816187 0.035665295 A
61-24-233-000-0024-00 292 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 380 W WESTERN AVE SUITE 202 MUSKEGON MI 49440 14374.8 $ 1,149.98 0.565843621 0.04526749 A
61-24-233-000-0015-00 295 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 8276.4 $ 662.11 0.325788752 0.0260631 A
61-24-233-000-0014-00 299 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 8276.4 $ 662.11 0.325788752 0.0260631 A
61-24-233-000-0013-00 307 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 16552.8 $ 1,324.22 0.651577503 0.0521262 A
61-24-233-000-0012-00 325 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 7840.8 $ 627.26 0.308641975 0.024691358 A
61-24-204-000-0000-00 333 W WESTERN AVE 49440 NEW TREND INVESTMENTS LLC 8868 WATER ST MONTAGUE MI 49437 9147.6 $ 731.81 0.360082305 0.028806584 A
61-24-233-000-0006-00 350 W WESTERN AVE 49440 BLIND PIG PROPERTIES LLC 800 FIRST ST #357 MUSKEGON MI 49443 4791.6 $ 383.33 0.18861454 0.015089163 A
61-24-233-000-0007-01 351 W WESTERN AVE 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 7405.2 $ 592.42 0.291495199 0.023319616 A
61-24-233-000-0005-00 356 W WESTERN AVE 49440 CENTURY CLUB DEVELOPMENT LLC PO BOX 732 MUSKEGON MI 49443-0732 5662.8 $ 453.02 0.222908093 0.017832647 A
61-24-233-000-0004-00 360 W WESTERN AVE 49440 RUSSELL BLOCK DEVELOPMENT LLC PO BOX 732 MUSKEGON MI 49443-0732 7840.8 $ 627.26 0.308641975 0.024691358 A
61-24-233-000-0025-00 376 W WESTERN AVE 49440 RUSSELL BLOCK DEVELOPMENT LLC PO BOX 732 MUSKEGON MI 49443-0732 3049.2 $ 243.94 0.120027435 0.009602195 A
61-24-233-000-0008-00 379 W WESTERN AVE 49440 SIDOCK PROPERTIES LLC 45650 GRAND RIVER AVE NOVI MI 48374 22651.2 $ 1,812.10 0.891632373 0.07133059 A
61-24-432-000-0005-00 380 W WESTERN AVE 49440 FRESHER START LLC 4426 CHERRYWOOD CT MUSKEGON MI 49441 10454.4 $ 836.35 0.411522634 0.032921811 A
61-24-205-566-0009-00 428 W WESTERN AVE 49440 939 THIRD STREET LLC 75 W WALTON AVE STE A MUSKEGON MI 49440 11761.2 $ 940.90 0.462962963 0.037037037 A
61-24-205-313-0005-00 441 W WESTERN AVE 49440 PH HOLDING LLC 895 4TH STREET MUSKEGON MI 49440 12196.8 $ 975.74 0.480109739 0.038408779 A
61-24-205-566-0013-00 442 W WESTERN AVE 49440 G & Z PROPERTIES LLC 442 W WESTERN AVE MUSKEGON MI 49440 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-566-0014-00 446 W WESTERN AVE 49440 446 W WESTERN AVE LLC 446 W WESTERN AVE MUSKEGON MI 49440 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-567-0001-10 450 W WESTERN AVE 49440 450 W WESTERN LLC 4880 RAMBLING CREEK DR MUSKEGON MI 49441 9583.2 $ 766.66 0.377229081 0.030178326 A
61-24-205-313-0006-00 451 W WESTERN AVE 49440 COREPARK INVESTMENTS LLC 794 PINE ST #210 MUSKEGON MI 49442 9583.2 $ 766.66 0.377229081 0.030178326 A
61-24-205-314-0001-00 471 W WESTERN AVE 49440 LAKESHORE MUSEUM CENTER 430 W CLAY AVE MUSKEGON MI 49440 3049.2 $ 243.94 0.120027435 0.009602195 A
61-24-205-314-0001-10 477 W WESTERN AVE 49440 HISSOM PROPERTIES LLC 18878 GREENWOOD CT SPRING LAKE MI 49456 2613.6 $ 209.09 0.102880658 0.008230453 A
61-24-205-314-0002-00 479 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 6534 $ 4,000.00 0.257201646 0.020576132 A CAP
61-24-205-314-0002-00 479 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 1306.8 $ - 0.051440329 0.004115226 A CONT. 479 W WESTERN
61-24-205-314-0003-00 489 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 22215.6 $ - 0.874485597 0.069958848 A CONT. 479 W WESTERN
61-24-205-567-0001-20 490 W WESTERN AVE 49440 PORT CITY CIO BLDG 490 W WESTERN AVE MUSKEGON MI 49440 7405.2 $ 592.42 0.291495199 0.023319616 A
61-24-205-314-0005-00 495 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 9583.2 $ - 0.377229081 0.030178326 A CONT. 479 W WESTERN
61-24-205-567-0001-40 500 W WESTERN AVE 49440 500 WEST WESTERN AVE LLC PO BOX 809 MUSKEGON MI 49443 10018.8 $ 801.50 0.394375857 0.031550069 A
61-24-205-314-0006-00 505 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 10018.8 $ - 0.394375857 0.031550069 A CONT. 479 W WESTERN
61-24-205-315-0001-00 521 W WESTERN AVE 49440 BABBITT E C/P R TRUST 4473 CHERRYWOOD CT MUSKEGON MI 49441 14374.8 $ 1,149.98 0.565843621 0.04526749 A
61-24-205-315-0003-00 545 W WESTERN AVE 49442 HERITAGE MEMORIAL GARDEN 4473 CHERRYWOOD COURT MUSKEGON MI 49441 12632.4 $ 1,010.59 0.497256516 0.039780521 A
61-24-205-315-0004-00 555 W WESTERN AVE 49440 INGALLS REAL ESTATE ACQUISITION LLC 555 W WESTERN AVE MUSKEGON MI 49440 11325.6 $ 906.05 0.445816187 0.035665295 A
61-24-205-315-0005-10 557 W WESTERN AVE 49440 ESTHER ENTERPRISES LLC 3519 EVANSTON AVE MUSKEGON MI 49442 871.2 $ 69.70 0.034293553 0.002743484 A
61-24-205-315-0006-00 563 W WESTERN AVE 49440 3M INVESTMENTS LLC 565 W WESTERN AVE STE B MUSKEGON MI 49440 10018.8 $ 801.50 0.394375857 0.031550069 A
61-24-205-316-0001-00 587 W WESTERN AVE 49442 EBEE PROPERTIES LLC 1685 68TH ST SE CALEDONIA MI 49316 12196.8 $ 975.74 0.480109739 0.038408779 A
61-24-205-316-0004-00 591 W WESTERN AVE 49440 NORTH EAST BUSINESS ASSOC LLC 5691 17 MILE RD CEDAR SPRINGS MI 49319 3049.2 $ 243.94 0.120027435 0.009602195 A
61-24-205-316-0005-00 593 W WESTERN AVE 49440 MULDER WESTERN AVE LLC 1586 W HARBOUR TOWNE CIR MUSKEGON MI 49441 10454.4 $ 836.35 0.411522634 0.032921811 A
61-24-205-316-0007-00 605 W WESTERN AVE 49440 WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON MI 49440 3484.8 $ 278.78 0.137174211 0.010973937 A
61-24-205-316-0008-00 607 W WESTERN AVE 49442 WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON MI 49440 4356 $ 348.48 0.171467764 0.013717421 A
61-24-205-316-0009-10 609 W WESTERN AVE 49440 EMP LLC 16149 BAIRD CT SPRING LAKE MI 49456 2613.6 $ 209.09 0.102880658 0.008230453 A
61-24-205-318-0001-10 683 W WESTERN AVE GRAND TRUNK LLC 1007 MOORINGS CT NORTH MUSKEGON MI 49445 2178 $ 174.24 0.085733882 0.006858711 A
61-24-205-314-0001-20 W WESTERN AVE 49442 TRILLIUM 505PARK OWNER LLC 25 COMMERCE AVE SW STE 100 GRAND RAPIDS MI 49503 2613.6 $ - 0.102880658 0.008230453 A CONT. 479 W WESTERN
Page 2 of 3
2021-2023 BUSINESS IMPROVEMENT DISTRICT - ASSESSMENT ROLL Three Year List
Properties highlighted in gray are opposed to the BID.
% OF ASSESSED ASS'MT BASED
PARCEL NO. PROPERTY ADDRESS ZIP OWNER OWNER STREET ADDRESS OWNER CITY OWNER STATE OWNER ZIP AREA (SF) ASS'MT AMT PROPERTIES ON SQ FTAGE CLS NOTES
61-24-233-000-0007-02 351 W WESTERN AVE EAST 49440 351 W WESTERN LLC PO BOX 927 MUSKEGON MI 49443 7405.2 $ 592.42 0.291495199 0.023319616 A
61-24-233-000-0024-02 W WESTERN AVE UNIT 24B 49440 DOWNTOWN MUSKEGON DEVELOPMENT CO 380 W WESTERN AVE SUITE 202 MUSKEGON MI 49440 28749.6 $ 2,299.97 1.131687243 0.090534979 A
61-24-233-000-0007-03 351 W WESTERN AVE WEST 49440 351 W WESTERN LLC PO BOX 927 MUSKEGON MI 49443 6969.6 $ 557.57 0.274348422 0.021947874 A
SQUARE FOOTAGE ASSESSED: SQUARE FOOTAGE ASSESSED: 2540419.2 $ 114,818.66
TOTAL OF ASSESSMENTS
ANNUALLY
ASSESSMENT AMOUNT
CLASS AMT PER SF MAX CAP
A 0.08 $4,000.00
BOARD OF ASSESSORS
*The total of objecting assessments is $6,725.67 which is 5.8% of the total assessment
Donna B. VanderVries
Kenneth Johnson
Michael Ramsey
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 13, 2020 Title: IFT Transfer at 2420 Remembrance
Dr
Submitted By: Mike Franzak Department: Planning
Pursuant to Public Act 198 of 1974, as amended, James Street Capital Holdings of
Brief Summary:
America No 4 Inc, 2420 Remembrance Dr, has requested the transfer of the Industrial Facilities Tax
Exemption Certificate (IFT) from KLO Acquisition, LLC.
Detailed Summary: The original IFT (#2018-170) was granted to KLO Acquisition and will expire
on 12/31/2029.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the transfer of IFT# 2018-170 to James Street Capital Holdings
of America No 4 Inc.
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 No.
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR TRANSFER
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE #2018-170
James Street Capital Holdings of America No 4 Inc.
WHEREAS, pursuant to P.A 198 of 1974, M.C.L. 207.551 et seq., as amended, after duly noticed public hearing held on
July 10. 2018, this Commission by resolution established an Industrial Development District as requested by the City of
Muskegon, including the property at 2420 Remembrance Dr, Muskegon, MI 49442; and
WHEREAS, the City of Muskegon approved an application from KLO Acquisition, LLC requesting an Industrial Facilities
Exemption Certificates (IFT# 2018-170) for real property investments located at 2420 Remembrance Dr, Muskegon,
Michigan 49442; and
WHEREAS, James Street Capital Holdings of America No 4 Inc. has filed an application for a transfer of Industrial
Facilities Exemption Certificate #2018-170 with respect to the $17,166,206 in real property within the Industrial
Development District; and
WHEREAS, the applicant, the Assessor, and a representative of the affected taxing units were given written notice of the
transfer application and were offered an opportunity to be heard on said application; and
WHEREAS, James Street Capital Holdings of America No 4 Inc has substantially met all the requirements under Public
Act 198 of 1974 for the transfer of Industrial Facilities Exemption Certificates #2018-170; and
WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of
Muskegon, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus
the SEV of personal and real property thus exempted; and
NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of Muskegon that:
1. The City of Muskegon finds and determines that the granting of the transfer of an Industrial Facilities Exemption
Certificate considered together with the aggregate amount of certificates previously granted and currently in force under
Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of
substantially impeding the operation of the City of Muskegon, or impairing the financial soundness of a taxing
unit which levies ad valorem property taxes in the City of Muskegon.
2. The application from James Street Capital Holdings of America No 4 Inc for a transfer of Industrial Facilities
Exemption Certificates #2018-170, with respect to real property on the following described parcel situated within the
Industrial Development District to wit:
3. The Industrial Facilities Exemption Certificate when issued shall remain in force for the remaining years approved
under Industrial Facilities Exemption certificate 2018-170 with an end date of 12/31/2029.
Adopted this 13th Day of October 2020.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on October 13, 2020.
______________________________
Ann Meisch
Clerk
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933
Terrace Street, Muskegon, Michigan 49441, (“City”) and James Street Capital Holdings
of America No 4 Inc (“Company”).
Recitals:
A. The Company has applied to City to transfer IFT #2018-170 pursuant to the
provisions of Act 198 of the Public Acts of 1974, as amended, which act requires a
contract between the City and the Company to be agreed and submitted with the
Company’s subsequent anticipated application for an industrial facilities exemption
certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City’s determination whether or not to create the
district.
C. The Company intends to operate the facility set forth in its application (“project”).
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission.
1.2 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the State
Tax Commission. It shall maintain the said levels of employment diversity during
the period of the certificate.
Page 1
1.3 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting of
the certificate by the State Tax Commission.
1.4 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.5 The Company shall not appeal the valuation of any real or personal property
at the facility to the Michigan Tax Tribunal or the State Tax Commission.
1.6 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs, investment,
the meeting of all goals and the timely installation and utilization of equipment
and improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.7 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
1.8 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.9 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
1.10 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to create the district and receive, process, and approve
thereafter the Company’s application for an industrial facilities exemption certificate.
The City may consider this contract in a meeting separate from and prior to the meeting
in which the City considers the creation of the district and approval of the application for
certificate. Further, the City shall require the submission of this contract signed by the
Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
Page 2
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company’s property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company’s rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the IFT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Page 3
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll.
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the property of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
Page 4
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By _________________________
Stephen J. Gawron, Mayor
Date _________________________
and___________________________
Ann Meisch, Clerk
Date _________________________
By___________________________
Its______________________
Date _________________________
Page 5
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