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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 9, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS/AWARDS/PRESENTATIONS:
Public Art Update Presentation Judy Hayner
□ PUBLIC COMMENT ON AN AGENDA ITEM:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Special Event Policy Update City Clerk
C. Social District Permit Recommendation Economic Development
D. Downtown Muskegon Social District Full Launch Economic Development
E. Small Retailer Assistance Program Economic Development
F. Updated Deficit Elimination Plan – Sewer Fund Finance
G. Campbell Field Playground Public Works
H. Beidler Change Order #004 Public Works
I. Harvey Pump Station Electrical Upgrades Public Works – Filtration
J. Asphalt Paver Purchase DPW/Equipment Division
K. MDOT Agreement for Peck Street Public Works
L. Emergency Vactor Repair Public Works
M. Street Sweeping Contract Extension Public Works
N. Lakeside Corridor Improvement Authority Resolution Economic
Development
O. Port City Industrial Park Expansion RFP Economic Development
P. Acquisition of 1259 Sanford from Muskegon County Landbank Economic
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Development
Q. Marina Parking Ordinance/Increase Launch Ramp Fines Public
Safety – REMOVED PER STAFF REQUEST
R. Muskegon Central Dispatch Lease Agreement & Exhibits Public
Safety
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Creation of a Citizen’s Commission on Economic Equality Economic
Development – REMOVED PER STAFF REQUEST
B. Rezoning 685 Access Highway Planning
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 9, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of January 29, 2021 Goal Setting Meeting and the
February 23, 2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 23, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the 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, February 23, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
PUBLIC COMMENT ON AN AGENDA ITEM: No public comments were received.
2021-17 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the February 8, 2021
Worksession Meeting and the February 9, 2021 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Social District Permit Recommendation Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. You handled
the initial eight such requests at your August 25 and September 8 meetings and
added others as they have been since. The attached resolution is for Legends
Bar & Grille LLC seeking a Social District permit from the state and seeking City
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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.
C. Port City Industrial Park Sign Upgrades Economic Development
SUMMARY OF REQUEST: Authorize the award of the Port City Industrial Park Sign
Upgrades project to the local bidder, Port City Signs.
Staff solicited bids for design and construction services to upgrade the (2)
entryway and (6) wayfinding signs within the Port City Industrial Park. The (2)
entryway signs are located at the corners of E. Laketon Avenue and Industrial
Boulevard & E. Sherman Boulevard and Black Creek Road.
Bids received are as follows: Wayfinding Signs
• $132,995.00 – Advanced Signs (Ferrysburg) - $15,435.00
• $133,756.00 – Praise Sign Company (Grandville) - $33,285.00
• $166,633.46 – Port City Signs (Muskegon) - $14,102.00
• $172,665.17 – Vizidef (Comstock Park) - $20,604.12
• $172,668.00 – Universal Signs, Inc. (Grand Rapids) - $10,710.00
• $190,000.00 – Adams Remco (Grand Rapids) - $30,200.00
• $199,875.00 – Postema Sign and Graphics (Grand Rapid) - $42,725.00
Staff is recommending the third low bidder, Port City Signs, on the basis that they
were the only local company who offers a greater quality, value and brand of
LED message center and which includes a larger sign viewing area and a higher
quality resolution. Additionally, Port City Signs is affiliated with Wilde Signs who
fabricated the current wayfinding signs along the Lakeshore Bike Trail so
continuity of design and construction will be maintained. The (2) entryway signs
will feature 5’6” x 16’5” doubled-sided LED electronic message centers. The new
LED entryway sign provides the City the opportunity, at a later date, to consider
soliciting paid advertisements from tenants of the Industrial Park as well as to
promote business activity within this area.
Funds for this project were included in the 20-21 budget and come from the
MEDC state grant for the purchase of the former West Shoreline Correctional
Facility. Approximately $232,000 remains unallocated from the grant. Unspent
funds are required to be returned to the State by July 31, 2021. The collective
bids are below the budgeted amount for the project and no reforecasting
adjustment is anticipated at this time. The project would be completed in Spring
2021.
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* Staff also requests authorization to spend up to an additional $5,000.00 to
support anticipated electrical service upgrades during installation of the (2)
entryway signs.
AMOUNT REQUESTED: $171,633.46 AMOUNT BUDGETED: $232,000
($166,633.46 + $5,000)
FUND OR ACCOUNT: 482-91908
STAFF RECOMMENDATION: To approve the award of the Port City Industrial
Park Sign Upgrades project to Port City Signs and authorize staff to sign the
contract.
E. Sale – 242 Monroe Avenue City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 242 Monroe to Colleen Steinman. The City constructed this house as
part of the phase two of our infill housing program. Our contract to construct the
home was $164,470. We also anticipated $11,512 in sales commissions. The
accepted purchase price is $175,000, and the incurred sales commissions are
$12,250. The City will not contribute funds toward closing costs.
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 242 Monroe Avenue, as described in the purchase agreement.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the consent agenda as presented, minus item D.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2021-18 REMOVED FROM CONSENT AGENDA:
D. Placer.ai Software Subscription Economic Development
SUMMARY OF REQUEST: The Economic Development Department has been
researching various data analysis platforms to help us answer some larger
socioeconomic questions regarding our population and workforce. Placer.ai
would allow the department to use anonymized GPS data from cell phones to
determine critical information to better understand our local economy.
The software proposed will allow our department to conduct research related to
economic development such as commuter trends, retail activity tracking,
shopper demographics, and commercial/industrial attraction projects. It will also
allow us to assist the city with other research, such as attendance information at
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city festivals, the Muskegon Farmers Market, and to track location data for our
tourism industry. Another major benefit of this software will be oriented around
equity. For instance, we will be able to source who is shopping where, and
illustrate retail trends in all of our commercial corridors. This will allow us to see
who is benefitting economically in the city from various businesses, and where
we need to improve our programming and efforts. All of this data is anonymized,
and as part of the subscription agreement we receive unlimited technical
support from Placer.ai staff. We have included some sample reports and
presentations that illustrate the benefits of this program in your packet. This
would be an unbudgeted expenditure that would be reflected in a reforecast
or budget amendment.
AMOUNT REQUESTED: $16,000
AMOUNT BUDGETED: 0 (not included in this year’s budget)
FUND OR ACCOUNT: Planning and Economic Development: Contracted
Services (101-80400-5346)
STAFF RECOMMENDATION: To approve the subscription agreement with
Placer.ai for the term of one year as presented.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the subscription agreement with Placer.ai for the term of one year as
presented.
2nd Motion: Motion by Commissioner German, second by Commissioner
Emory, to table this item to the April 12, 2021 Worksession Meeting.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
Ramsey, German
Nays: None
MOTION PASSES
2021-19 UNFINISHED BUSINESS:
A. Annex Lease Extension – Mercy Health City Manager
SUMMARY OF REQUEST: This item was approved on January 26, 2021. We have
since received a conflict of interest statement from Commissioner Ramsey, the
statement has been posted on the City’s Facebook page and Website. City
staff is seeking authorization to extend the lease agreement with Mercy Health
at the Arena Annex Building for one additional year.
Mercy Health currently leases space for a sports rehabilitation and physical
therapy office. Mercy Health has occupied the space for five years. The city
assumed the lease in 2018 when Ima Jam, Inc. terminated their master lease
with the City. Mercy is seeking to extend their lease for an additional year. The
lease agreement, in combination with a licensing agreement allowing Mercy
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staff to train patients in the facility, generates between $50,000 and $75,000
annually for the facility.
STAFF RECOMMENDATION: Approve the lease extension and authorize the
City Manager to sign.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
approve the lease extension and authorize the City Manager to sign.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, Rinsema-Sybenga
Nays: None
MOTION PASSES
B. 2nd Quarter Budget Reforecast Finance – TABLED FROM 2/9/2021
SUMMARY OF REQUEST: At this time, staff is presenting the 2nd Quarter Budget
Reforecast for FY2020-21. Please see the Finance Director’s 2nd Quarter
Reforecast Highlights below:
General Fund
Revenues: Decrease in Building Permits by $270,000
Revenues: GL 101-00000-4961 reflects the $7,068,674 in revenue from the
Capital Improvement Bond Proceeds.
Expenses: Increase in Fire Department Equipment and Repairs by $69,200.
Expenses: 2020 Capital Improvement Bonds expenses $55,026.
Expenses: Central Dispatch Project capital outlays $3,600,000.
Expenses: Arena Roof HVAC Payoff $2,073,373.
MAJOR STREET FUND
Several capital projects have been moved to the Local Street Funds. Monroe
Street 4th to 3rd for $25,000 and the Frauenthal Alley for $80,000.
PUBLIC IMPROVEMENT FUND
Reduction of Federal Grants by $150,000. Expenditures adjusted accordingly.
Increased projected revenue for the sale of city owned houses to $3,250,000
from Midtown Square II and other homes.
Updated the construction cost to $370,000 for 1192 Pine all three units.
WATER AND SEWER FUNDS
The sewer fund metered sales have increased to reflect the 20% increase as
approved by the City Commission.
DOWNTOWN DEVELOPMENT AUTHORITY
Increase in revenues from the Taste of Muskegon and the Art Fair.
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MERCY HEALTH ARENA
The Arena’s revenue has been negatively impacted by the State’s COVID
restrictions in several key areas such as concessions, ticket sales, and other items.
We expect to receive a $40,000 State Grant to offset some of our lost revenue.
STAFF RECOMMENDATION: To approve the 2nd Quarter FY2020-21 Budget
Reforecast as presented.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to approve the 2nd Quarter FY2020-21 Budget Reforecast as presented.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
2021-20 ANY OTHER BUSINESS: Commissioner German paid tribute to
Shirley Chisholm in recognition of Black History Month. Mayor Gawron shared
that he testified before the General Government Committee in reference to
COVID relief for income tax communities. Commissioner Johnson inquired as to
the status of the City Manager’s evaluation.
PUBLIC COMMENT: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:50 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 9, 2021 Title: Proposed Special Event Policy Changes
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: Special event applications have transitioned to the City Clerk’s Office. Staff reviewed
current policies and is suggesting some updates/changes. Along with a review of the current policy, staff
reviewed fees and made several recommendations as well as the adoption of a policy that allows any event
requesting a waiver of fees to fill out a form to be presented to City Commission for consideration.
Over many years, Parties in the Park has had all fees waived for use of the park and use of city equipment.
Parties in the Park did raise funds and added a new stage built at Hackley Park. This has been an ongoing
practice for many years. We are looking for acknowledgment from City Commissioners to continue this
practice and/or make any necessary changes.
Detailed Summary: Staff held several meetings to discuss proposed fees and changes to the policy. Many
of the proposed changes provide further clarification for staff and applicants. Some of the major changes
include paid parking at the beach, the elimination of deposits, uniformity for insurance requirements, and
increasing the fee for the use of Hackley Park.
Amount Requested: $0 Amount Budgeted:
Fund(s) or Account(s): General Fund Fund(s) or Account(s): N/A
Recommended Motion: To adopt the amended policy, fees, and waiver form and acknowledge the waiver
of city fees for Parties in the Park.
CITY OF MUSKEGON
SPECIAL EVENT POLICY
The City of Muskegon has many parks and facilities available for use. A
Special Event Application is required for any public event held on City
property or requiring City services. While there are several City departments
involved in the special event process, this policy centralizes the
administration of special events with the City’s Clerk’s Office. Call (231) 724-
6705 for any questions.
For events where alcohol is served, applicants must also obtain
approval from the State of Michigan Liquor Control Commission and the Muskegon Police
Department (231-724-6750), in addition to completing the Special Event Application. Liquor
license approval is a separate process from the Special Event Application, with its own fees and
regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For
State of Michigan liquor license regulations and information, please visit the State of Michigan’s website
at www.michigan.gov/lara.
SPECIAL EVENT APPLICATION PROCEDURE
I. Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the City Clerk’s Office at least thirty (30) days prior to the event. The
non-refundable Application fee must be paid at the time the Application is submitted.
Application fee schedule:
Events occurring during peak event season Events occurring outside of peak season
April 15 – September 30 January 1 – April 14 / October 1 – Dec. 31
$100 fee for applications submitted 60 days or more $100 fee for applications submitted 60 days or
prior to the event date more prior to the event date
$250 fee for applications submitted 45-59 days prior $200 fee for applications submitted 45-59 days
to the event date prior to the event date
$400.00 fee for applications submitted 30-44 days $300.00 fee for applications submitted 33-44 days
prior to the event prior to the event
Applications submitted less than 30 days prior to $400 fee for applications submitted less than 30
the event date will not be accepted. days prior to the event
Application fees may be waived for Veteran’s groups. In addition, the City’s recognized Neighborhood
Associations are entitled to one Application fee waiver per year in addition to National Night Out
festivities, provided that the Application is submitted to the City Clerk’s Office at least 30 days in advance
of the event date.
The Application shall be submitted on the appropriate form. The Application fee must be paid at the
time of Application submission or the Application will not be considered. The City of Muskegon
Request for Special Event Application form can be found on the City’s website at www.muskegon-
mi.gov, or you may call (231) 724-6705 to have one mailed/e-mailed to you, or visit the Clerk’s Office
on the 1st floor of City Hall, Monday – Thursday from 8:30 am. until 5:00 p.m. excluding holidays.
Block Parties. The City has a separate Block Party Policy and Application. Contact the City Clerk’s
Office for further information about block parties.
4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4th of July,
including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for
picnicking during this holiday.
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Reserving event dates for multiple years. As long as prior year event fees are paid in full, established
events may reserve their event date(s) and location for future years. A completed special event
Application must be received by February 1 of each year in order to hold the date(s) and location.
II. Event Requirements
All Special Event permittees must adhere to the following rules and regulations. Failure to do
so may result in the applicant having any conditional approvals revoked, being held responsible for
any damages and/or denial of future event Applications.
(a) Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director if city police and/or fire officials may be required. The applicant/organization will be
responsible for payment of public safety personnel services. See Fee Schedule (Section V) for fee
estimates. If an event is cancelled with less than 72 hours’ notice, the applicant/organization will be
responsible for paying two hours’ pay per officer, per union contract requirements. Applicants are not
allowed to provide their own public safety staff (police/fire/medical) without prior approval of the City of
Muskegon’s Public Safety Director.
(b) Liability Insurance. The applicant must provide proof of liability insurance naming the City
of Muskegon as an additional insured. You may use an insurance agent of your choice. An acceptable
certificate of insurance must be submitted no later than 10 days before the event date. See Section IV
“Liability Insurance Requirements” for the required language and insurance policy amount.
(c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
(d) Digging & Staking. Digging or staking at into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to
event set-up. The applicant will also be responsible for paying an electrician to locate underground utility
lines and a City employee to location irrigation/water lines, if required. A penalty of $100 will be charged
for an unapproved staking and the Applicant Organization will be responsible for the cost of any
damages to underground utilities, including irrigation lines, caused by digging or staking.
(e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-
site, or provide their own generator. When using City electrical panels, the applicant shall read the meter
before and after the event, and report those numbers to the City’s special event coordinator upon
request. City fire hydrants may be used as a water source for a fee (see Fee Schedule - Section V) for
cost. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
(f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical,
and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required
inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule
(Section V) for costs. For events having multiple tents, contact the City’s Building Official for inspection
fees.
(g) Food trucks. Any food trucks or vendors using deep fryers and/or propane cylinders must
be inspected and approved by the Fire Marshal prior to participation in a special event. These vendors
are required to have no less than a 5 lbs ABC-type fire extinguisher which has a current inspection tag
and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or grease is used
as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793.
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(h) Camping/Campgrounds. Approval must be given by the City Commission to have camping
at your event at least 60 days before the event. The City Clerk will submit the request to the City
Commission. Events that include overnight camping or a campground area also require a permit from
the Muskegon County Health Department and Department of Environment, Great Lakes and Energy.
To obtain information about this permit, call (231) 724-6208. A copy of an approved permit must be
provided to the City.
(i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the
day after the event.
(j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of City
facilities after the event. This includes the removal of trash from the site (do not leave full trash cans on
site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup
measures, including but not limited to entry and cleaning of property by City personnel with costs
charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to
ensure satisfactory clean-up.
(k) Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
(l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake
Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685-
6851) special event approval.
(m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231-
724-6793) and must also obtain the appropriate permits from the City Clerk’s Office.
(n) Compliance with all regulations. Special Event applicants/organizations are responsible
to ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances,
rules and regulations may result in the denial of future special event requests.
III. Special Event Application Processing
(a) Application Intake. Clerk’s Office staff shall be responsible for intake of Special Event
Applications and dissemination to appropriate City staff for review and approval. The Application fee
must be submitted with the Application. Liquor license Applications shall be filed with the Public Safety
Director.
(b) Event Approval. The City will issue a conditional approval or denial no later than 30 days
after the Application date whenever possible. Preliminary approval may be given to allow the applicant
to advertise the event, with final details to be worked out with staff. An approval letter will be issued,
listing conditions of approval.
(c) Application Denial. If City staff reviews an Application and denies same, it shall be stated
in writing the reasons for the denial. An appeal of that decision may be made to the City Commission,
whose decision shall be final.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City will result in
denial of the event Application and/or future Special Event requests until paid in full.
(e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the City Clerk’s Office to request a meeting. There may
also be instances when City staff may require a meeting with the applicant. Failure to attend a requested
meeting may result in denial of the Application.
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(f) Street Closures/Barricading. Requests for City road closings/barricading require approval
of the Public Safety Director and the DPW Superintendent. City Clerk’s Office staff will forward requests
to the appropriate personnel once the Application and fee are submitted. The applicant is responsible
for all associated costs, which may include barricades, public safety services, etc. City Commission
approval may be required in some cases. If a street closure is approved for an event, the Applicant must
provide written notification to all businesses and residences located along the affected street(s) at least
10 days prior to the event date. Changes to street closures requested within 30 days of the event date
will incur a $50 fee. No route and/or road closure changes will be allowed within 14 days of an event.
Streets shall not be closed prior to 6:00 p.m. the day before the event and must be open by 6:00
a.m. the day following the conclusion of the event.
(f)(1) Parking along event routes. The applicant shall be responsible for posting “No Parking”
signs along the closed streets of an event route at least 48 hours in advance of the event date.
The City’s Department of Public Works may have No Parking signs available for use. However,
the applicant/organization must attach 5 ½” by 8 ½” addendums to the signs noting the name of
the event and date and time the parking restrictions will be in effect.
(g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
applicant must provide written notification to all residents and businesses along the route as stated
above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide the names and
addresses of affected homes and businesses to be notified. The applicant is responsible for any public
safety and/or DPW costs for street closures (barricades, police presence at intersections if needed, etc).
(g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path,
there is a trail use fee that will be billed upon completion of the event (see Fee Schedule) to help cover
trail maintenance expenses. In addition, any events using the path must post signage at trail entry
points on the day of the event, notifying users that there is an event occurring on the trail. Signs may
be generic, such as “EVENT ON BIKE PATH TODAY” (organizations using the path for events may share
signs to reduce costs). The City’s Parks Supervisor can assist you in locating sign placement locations.
(h) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.
IV. Liability Insurance Requirements
Liability insurance in the amount of $1,000,000 in coverage naming the City of Muskegon as an
additional insured is required for all events. You may contact an insurance agent of your choice to obtain
the liability insurance coverage. A copy of the certificate of insurance must be submitted no later than
10 days before the event.
Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers thereof; it
is understood and agreed that by naming the City of Muskegon as additional insured, coverage
afforded is considered to be primary and any other insurance the City of Muskegon may have in
effect shall be considered secondary and/or excess.”
SCHEDULE B – LIABILITY INSURANCE REQUIREMENTS
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V. Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses,
Inspections, Park use fees)
ITEM / SERVICE RENTAL FEE (plus labor if necessary)
55-gallon metal trash can $5.00 each
Plastic trash bags (1 case) $40.00 per case or actual cost
Snow fence – 50 ft per roll $30.00 per roll
Fence posts – 1 needed for every 10 ft $3.00 per post
Picnic tables $10.00 each
Fire hydrant use (installation & removal of
$100.00 flat rate per hydrant
hydrant tree, water testing, and water usage)
DPW/Parks personnel labor costs $60.00/hour
(Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged
PUBLIC SAFETY SERVICES / FEES
NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
Liquor licenses will not be issued within 15 days of an event.
Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event)
Special liquor license (non-profit)/Return event
$125.00 (if applied for at least 45 days in advance of event)
Organization located outside City of Muskegon
Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event)
Special liquor license (all) within 15-44 days of
$250.00
event
Liquor license/Temporary authorization –
$40.00 ($60 if within 15-44 days of event)
existing business/club
Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½)
Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays)
INSPECTIONS
Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees)
Contact the building inspection department to see if
Electrical or plumbing inspections
these are required
Fire Department inspection of food trucks Included with application fee
PARK USE FEES
Hackley Park exclusive use fee $100/hour or $500/day
Harbour Towne Beach user fee $1500.00 per event
Trail bicycle/walking paths $200 per event
Pere Marquette Park user fees (applicable May 15 through September 15)
Events less than 100 people $100 per event (includes 1 parking pass)
Events with 100 - 250 people $200 per event (includes 2 parking passes)
Events with 250 – 500 people $350 per event (includes 5 parking passes)
Events with 500 - 2000 people $500 per event (includes 10 parking passes)
Events over 2000 people $1500.00 per event (includes 20 reserved parking spaces
and 20 parking passes)
Parking spaces for event use $10 per parking space reserved per day and each vehicle
must have Beach Parking pass
Exclusive use fee of Ovals parking lot area $250 per day and each vehicle must have Beach Parking
pass
Camping at Pere Marquette Park $20 per night per camper or tent*
*The City Commission may opt to collect a percentage of
camping revenue for larger events in lieu of the $20 per unit
Route changes for parades, races/walks or any event requiring street closures - Any changes made within
30 days of the event date will incur a $50 fee. No road closure changes are allowed with 14 days of an event.
-5-
CITY OF MUSKEGON
SPECIAL EVENT POLICY
2018
The City of Muskegon has many fine parks and facilities available for use
your event. A Special Event Application is required for any public event held
on City property or requiring City services. While there are several City
departments involved in the special event process, this policy centralizes the
administration of special events with the City’s Planning Department Clerk’s
Office. Call (231) 724-6705 for any questions.
For events where alcohol is served, applicants must also obtain
approval from the State of Michigan Liquor Control Commission and the Muskegon Police
Department (231-724-6750), in addition to completing the Special Event Application. Liquor
license approval is a separate process from the Special Event Application, with its own fees and
regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For
State of Michigan liquor license regulations and information, please visit the State of Michigan’s website
at www.michigan.gov/lara.
SPECIAL EVENT APPLICATION PROCEDURE
I. Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Planning Department City Clerk’s Office at least thirty (30) days
prior to the event. The non-refundable application fee must be paid at the time the application is
submitted.
Application fee schedule:
Events occurring during peak event season Events occurring outside of peak season
April 15 – September 30 January 1– April 14 / October 1 –Dec. 31
$100 fee for applications submitted 60 days or more $100 fee for applications submitted 60 days or
prior to the event date more prior to the event date
$250 fee for applications submitted 59-45 days prior $200 fee for applications submitted 59-45 days
to the event date prior to the event date
$400.00 fee for applications submitted 44-30 days $300.00 fee for applications submitted 44-30 days
prior to the event prior to the event
Applications submitted less than 30 days prior to $400 fee for applications submitted less than 30
the event date will not be accepted. days prior to the event
Deposit required: $200 (events < 500 people) $500 (events > 500 people)
Application fees may be waived for Veteran’s groups. In addition, the City’s recognized Neighborhood
Associations are entitled to one application fee waiver per year in addition to National Night Out
festivities, provided that the Application is submitted to the Planning Department City Clerk’s Office at
least 30 days in advance of the event date.
The Application shall be submitted in writing and must be on the appropriate form. The application fee
must be paid at the time of Application submission. The deposit ($200 or $500) must be paid upon
event approval (we will send you an invoice). The City of Muskegon Request for Special Event form
can be found on the City’s website at www.muskegon-mi.gov, or you may call 231.724.67025 to have
one mailed/e-mailed to you, or visit the Planning Department City Clerk’s Office on the 2nd 1st floor of
City Hall, Monday – Friday Thursday from 8:30 am. until 5:00 p.m. excluding holidays.
Block Parties. The City does not permit street closures for block parties. We encourage the use of City
parks or for these gatherings. The City has a separate Block Party Policy and Application. Contact the
City Clerk’s Office for further information about block parties.
-1-
4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4th of July,
including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for
picnicking during this holiday.
-2-
Reserving event dates for multiple years. Established events may reserve their event date(s) for future
years. A completed special event application must be received by February 1 of each year in order to
hold the date(s).
II. Event Requirements
All Special Event permittees must adhere to the following rules and regulations. Failure to do
so may result in the applicant being held responsible for any damages, forfeiture of all or part of your
deposit, and/or denial of future event applications. having any conditional approvals revoked, being
held responsible for any damages and/or denial of future event applications.
(a) Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director as to whether or not, and how many, city police and/or fire officials may be required.
The applicant/organization will be responsible for payment of public safety personnel service. See Fee
Schedule (Section V, page 5) for fee estimates. If an event is cancelled with less than 72 hours’ notice,
the applicant/organization will be responsible for paying two hours’ pay per officer, per contract
requirements. Applicants are not allowed to provide their own public safety staff (police/fire/medical)
without prior approval of the City of Muskegon’s Public Safety Director.
(b) Liability Insurance. The applicant must provide proof of liability insurance naming the City
of Muskegon as an additional insured. You may use an insurance agent of your choice. An acceptable
certificate of insurance must be submitted no later than 10 days before the event date. See Page 4,
Section IV “Liability Insurance Requirements” for the required language and insurance policy amount.
(c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
(d) Digging & Staking. Digging or staking into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to
event set-up. The applicant will also be responsible for paying an electrician to locate underground utility
lines and a City employee to locate irrigation/water lines, if required. A penalty of $100 will be charged
for an unapproved staking and the Applicant Organization will be responsible for the cost of any
damages to underground utilities, including irrigation lines, caused by digging or staking.
(e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-
site, or provide their own generator. When using City electrical panels, the applicant shall read the meter
before and after the event, and report those numbers to the City’s special event coordinator upon
request. City fire hydrants may be used as a water source for a fee [see Fee Schedule (Section V, page
5) for cost]. It is the responsibility of the applicant to provide acceptable hoses for potable water usage,
which meet Health Department requirements.
(f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical,
and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required
inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule
(Section V, page 5) for costs. For events having multiple tents, contact the City’s Building Official for
inspection fees.
(g) Food trucks. Any food trucks or vendors using deep fryers and/or propane cylinders
must be inspected and approved by the Fire Marshal’s office prior to participation in a special event.
These vendors are required to have no less than a 5 lb ABC-type fire extinguisher which has a current
inspection tag and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or
grease is used as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793.
-3-
(h) Camping/Campgrounds. Approval must be given by the City Commission to have camping
at your event at least 60 days before the event. The City Clerk will submit the request to the City
Commission. Events that include a campground area also require a permit from the Muskegon County
Health Department and Department of Environment, Great Lakes and Energy. To obtain information
about this permit, call (231) 724-6208. A copy of an approved permit must be provided to the City.
-4-
(i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the
day after the event.
(j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of City
facilities after the event. This includes the removal of trash from the site (do not leave full trash cans on
site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup
measures, including but not limited to entry and cleaning of property by City personnel with costs
charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to
ensure satisfactory clean-up.
(k) Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
(l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake
Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685-
6851) special event approval.
(m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231-
724-6793) and must also obtain the appropriate permits from the City Clerk’s Office.
(n) Compliance with all regulations. Special Event applicants/organizations are responsible
to ensure that all applicable laws and ordinances are followed. Failure to comply with all city ordinances,
rules and regulations may result in the denial of future special event requests and/or the forfeiture of
your deposit.
III. Special Event Application Processing
(a) Application Intake. Planning Department City Clerk’s Office staff shall be responsible for
intake of Special Event Applications and dissemination to appropriate City staff for review and approval.
The application fee must be submitted with the application. Liquor license applications shall be filed with
the Public Safety Director.
(b) Event Approval. The City will issue an approval or denial no later than 30 days after the
application date whenever possible. Preliminary approval may be given to allow the applicant to
advertise the event, with final details to be worked out with staff. An approval letter will be issued, listing
conditions of approval.
(c) Application Denial. Where City staff reviews an Application and denies same, it shall state
in writing the reasons for the denial. An appeal of that decision may be made to the City Commission,
whose decision shall be final.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City may will result
in denial of the event application and/or future Special Event requests until paid in full.
(e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the Planning Department City Clerk’s Office to request a
meeting. There may also be instances where City staff requires a meeting with the applicant. Failure to
attend a requested meeting may result in denial of the application.
(f) Street Closures/Barricading. Requests for City road closings/barricading require approval
of the Public Safety Director and the DPW Superintendent. Planning City Clerk’s Office staff will forward
requests to the appropriate personnel once the application and fee are submitted. The applicant is
responsible for all associated costs, which may include barricades and public safety services. City
Commission approval may be required in some cases. If a street closure is approved for an event, the
Applicant must provide written notification to all businesses and residences located on the affected
street(s) at least 10 days prior to the event date. Changes to street closures requested within 30 days
-5-
of the event date will incur a $50 fee. No route and/or road closure changes will be allowed with 14 days
of an event.
Streets shall not be closed prior to 6:00 p.m. the day before the event and must be open by 6:00
a.m. the day following the conclusion of the event.
Street closures will not be approved for block party-type events.
-6-
(f)(1) Parking along event routes. The applicant shall be responsible for posting “No Parking”
signs along the closed streets of an event route at least 48 hours in advance of the event date.
The City’s Department of Public Works may have No Parking signs available for use. However,
the applicant/organization must provide attach 5 ½” by 8 ½” addendums to the signs noting the
name of the event and date and time the parking restrictions will be in effect.
(g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the
application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
applicant must provide written notification to all residents and businesses along the route as stated
above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide you with the names
and addresses of affected homes and businesses to be notified. The applicant is responsible for any
public safety and/or DPW costs for street closures (barricades, police presence at intersections if
needed, etc).
(g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path,
there is a trail use fee that will be billed upon completion of the event (see Fee Schedule on pg
5) to help cover trail maintenance expenses. In addition, any events using the path must post
signage at trail entry points on the day of the event, notifying users that there is an event
occurring on the trail. Signs may be generic, such as “EVENT ON BIKE PATH TODAY”
(organizations using the path for events may share signs to reduce costs). The City’s Parks
Supervisor can assist you in locating sign placement locations.
(h) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.
IV. Liability Insurance Requirements
You may contact an insurance agent of your choice to obtain liability insurance coverage. If you
are not sure which classification (below) your event falls under, contact the City’s special event
coordinator at (231) 724-6702.
Liability insurance in the amount of $1,000,000 in coverage naming the City of Muskegon as an
additional insured is required for all events. You may contact an insurance agent of your choice to obtain
the liability insurance coverage. A copy of the certificate of insurance must be submitted no later than
10 days before the event.
Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers thereof;
it is understood and agreed that by naming the City of Muskegon as additional insured, coverage
afforded is considered to be primary and any other insurance the City of Muskegon may have in
effect shall be considered secondary and/or excess.”
• LOW RISK (L) SCHEDULE -B – LIABILITY Requires $300,000 liability insurance
INSURANCE coverage.
REQUIREMENTS
No physical activity by participants and no severe exposure to spectators. Examples of low-risk events include
such things as indoor or outdoor meetings, small theatrical performances, auctions, and social gatherings (with
no alcoholic beverages).
• MEDIUM RISK (M) - Requires $500,000 liability insurance coverage.
Limited physical activity by participants and minimal exposure to spectators. Examples of medium-risk events
include dances, animal shows, political rallies, flea markets, picnics, parades with no floats, and family- type
concerts. Also included is any event with a crowd size of 500 to 10,000.
-7-
• HIGH RISK (H) - Requires $1,000,000 liability insurance coverage.
Major participation by participants and/or moderate to severe exposure to spectators. Events in this category
include team or individual sporting events (non-professional), circuses and carnivals with rides, parades with
floats, and marathons or similar races. Also included is any event with a crowd size of over 10,000 but under
25,000. Examples of events requiring high risk insurance coverage are: Parties in the Park, Rebel Road, Seaway
Run, Girls on the Run, and most events with alcohol licenses.
-8-
V. Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses,
Inspections, Park use fees)
ITEM / SERVICE RENTAL FEE (plus labor if necessary)
55-gallon metal trash can $5.00 each
Plastic trash bags (1 case) $40.00 per case or actual cost
Snow fence (wood)-50 ft per roll $30.00 per roll
Fence posts-1 needed for every 10 ft $3.00 per post
Picnic tables $10.00 each
Fire hydrant use (installation & removal of
$100.00 flat rate per hydrant
hydrant tree, water testing, and water usage)
DPW/Parks personnel labor costs $60.00/hour
(Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged
PUBLIC SAFETY SERVICES / FEES
NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
Liquor licenses will not be issued within 15 days of an event.
Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event)
Special liquor license (non-profit)/Return event
$125.00 (if applied for at least 45 days in advance of event)
Organization located outside City of Muskegon
Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event)
Special liquor license (all) within 15-44 days of
$250.00
event
Liquor license/Temporary authorization –
$40.00 ($60 if within 44-15 days of event)
existing business/club
Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½)
Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays)
INSPECTIONS
Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees)
Contact the building inspection department to see if
Electrical or plumbing inspections
these are required
Fire Department inspection of food trucks Included with application fee
PARK USE FEES
Hackley Park exclusive use fee $200 if utilizing the entire park (includes the stage)
$100/hour or $500/day
Hackley Park stage use fee $50 if using only the stage area
Harbour Towne Beach user fee $1500.00 per event
Lakeshore Trail bicycle/walking path $200 per event
Pere Marquette Park user fees (applicable Memorial Day through Labor Day May 15 through September 15)
Events less than 100 people $100 per event (includes 1 parking pass)
Events with 100 - 250 people $200 per event (includes 2 parking passes)
Events with 250 – 500 people $350 per event (includes 5 parking pass)
Events with 500 - 2000 people $500 per event (includes 10 parking pass)
Events over 2000 people $1500.00 per event (includes 20 reserves parking spaces
and 20 parking passes)
Parking spaces for event use $10 per parking space reserved per day and each vehicle
must have Beach Parking pass
Exclusive use fee of Ovals parking lot area $200 $250 per event day and each vehicle must have
Beach Parking pass
Camping at Pere Marquette Park $20 per night per camper or tent*
*The City Manager Commission may opt to collect a
percentage of camping revenue for larger events in lieu of
-9-
the $20 per unit
Route changes for parades, races/walks or any event requiring street closures: Any changes made within
30 days of the event date will incur a $50 fee. No road closure changes are allowed with 14 days of an event.
- 10
CITY OF MUSKEGON
SPECIAL EVENT
FEE WAIVER
APPLICATION
City Clerk’s Office ● 933 Terrace St ● Muskegon, MI 49440 ● 231-724-6705
This form must be submitted at least 30 days before your event date. In rare cases the City Commission may
consider an application up to 30 days after the invoice is sent.
ORGANIZATION’S INFORMATION
EVENT TITLE:
Applicant Name:
Organization Name:
Non-Profit I.D. or Tax Exempt #:
Address:
City State Zip
Phone: ( ) Cell: ( )
Email Address: Fax: ( )
EVENT INFORMATION
Event Type (please select all that apply):
□ Race (run, walk, bike, etc.) □ Tournament Type:
□ Parade □ Pass-Through
□ Street Fair/Festival □ Fundraiser Benefitting:
□ Concert □ Other
Event Location:
Why are you requesting to waive the Special Event Fee?
Page 1 of 2
Please identify the hardship incurred (please attach additional pages, if necessary):
Please identify how your organization benefits the community as outlined in the criteria below.
Please be specific (attach additional pages, if necessary):
CRITERIA CONSIDERED
The City will consider the following when reviewing a special event fee waiver request:
• Raises funds to supplement City budgeted services.
• Raises funds for programs normally funded by the City.
• Raises funds for Non-Profit groups, which have contributed substantially to the community.
• Raises funds for elderly citizens or youth organizations.
Event Representative (signature) Date
Page 2 of 2
Rev. 03-19
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3-9-2021 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 Capone’s Speakeasy & Pizzeria and 794
Kitchen & Bar 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
and virtually online on the city’s Facebook page on the 9th day of March, 2021 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/Capone’s Speakeasy & Pizzeria, 794 Pine.
b. Jim & Gary’s LLC, dba/794 Kitchen & Bar, 794 Pine.
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 March 9, 2021 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: 03-9-2021 Title: Downtown Muskegon Social District
full launch
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: Requesting authorization to have the Muskegon City Clerk’s Office sell
biodegradable Social District cups and have the city cover the 2021 social district expenses.
Detailed Summary: The Muskegon City Commission approved the Downtown Muskegon Social
District in August. It has been operating 11 a.m.-11 p.m., seven days a week in a limited area since
mid-September. The DMSD needs to be expanded to its full area and open to all 22 potential
establishments. Please see an accompanying memo outlining the full launch of the DMSD slated
for mid-April.
Amount Requested: Up to $25,000 Amount Budgeted: none
Fund(s) or Account(s): Potential no-interest Fund(s) or Account(s):
loan from the Downtown Muskegon Business
Improvement District to be paid back by cup
sales
Recommended Motion: I move to authorize the Muskegon City Clerk’s Office to sell 16-ounce
Downtown Muskegon Social District Cups for 35 cents apiece to cover city costs and authorize up
to $25,000 to launch and operate the DMSD through the end of 2021.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
To: The Muskegon City Commission
From: Dave Alexander, DDA manager
Re: April full launch of the Downtown Muskegon Social District
Date: 3-2-2021
Commissioners:
I will be on your work session agenda March 8 to provide an update on the Downtown
Muskegon Social District and discuss a request for your support of a full launch of the district in
mid April.
You approved the DMSD in August with a district plan and its submission to the Michigan Liquor
Control Commission. We were able to get a limited portion of district up and running the third
week of September. It has been operating from 11 a.m. to 11 p.m., seven days a week along
Western Avenue from Sixth Street to First Street. The DMSD has grown to about eight
establishments (each having your recommended approval for LCC social district license) and
operated to my knowledge without incident. It has been enthusiastically embraced by
establishments, downtown promoters and many customers. The DMSD has the potential to
create a vibrant, active downtown day in and day out this summer and going forward for years
to come.
It is time to fully launch the district from Eighth to Pine along Western and parts of Clay Avenue.
We hope to do that sometime in mid April, which will open the district up to a potential of 22
total establishments with more new establishments the future. To this point, the Clerk’s Office
has been selling 25-cent SD stickers used on approved and licensed SD establishment’s own
cups. We have probably sold 7,000 stickers among the participants from mid fall through late
winter.
To help the city launch with all establishments, I have put together a working team of Dan
McKisson, Parkland’s food and beverage executive, and Michael Brower of Pigeon Hill along
with Tom Schultz of Tyler sales and staff of the Muskegon Lakeshore Chamber of Commerce.
We have come up with a plan that was to be presented to the entire DMSD establishments
Wednesday March 3 and then to you next week.
Michael Brower and Tom Schultz helped estimate the potential SD sales. They estimate that
700,000 drinks (beer, wine and spirits) are sold in the district by all establishments each year
and that a conservative estimate of 15 percent could be in SD cups. That could mean 105,000
SD cup sales for 2021.
My estimate of full launch and 2021 basic operational costs would be about $25,000. We need
to purchase 30 more “Wind Signs” and graphics used to mark the district’s “common area”
boundaries just like the 16 we now have in place. The quote for those signs and graphics is
$11,600. The remaining $13,300 would cover targeted private security services, additional trash
collection costs of the city, possible limited marketing and any other incidentals.
We now need to launch with biodegradable district cups with the DMSD logo and each
establishment affixing their own identifying sticker. With a cost of about 11 cents for the cup
and the need to cover 2021 costs of about $25,000, my advisory group came to a 35-cent per
cup cost. Downtown will work with Pigeon Hill and the Clerk’s Office to get an initial order of
24,000 cups purchased and sold to participating establishments.
I will be asking for City Commission on March 9 to approve two elements of this plan:
1. Agreeing to have the Clerk’s Office sell 16-ounce DMSD cups for 35 cents apiece.
2. Authorizing up to $25,000 to fund the DMSD full launch in 2021 with cup sales to
reimburse city expenses overtime. The cup sales will only cover the city’s costs.
I have the approval of the Downtown Muskegon Business Improvement District to front the city
up to $25,000 from its $77,000 cash reserves. This would be a no-interest loan to fund the
launch to be paid back over time from cup sales. This gives the Finance Department at least one
option for funding the 2021 DMSD.
The DMSD could generate more or less revenue in 2021. Additional revenues will go to lower
cups costs in 2022 or be used directly to enhance the DMSD as determined by the
establishments. A revenue shortfall will be made up in 2022 sales. Going forward, the SD cup
charge could be set to generate additional revenues for district improvements such as fire
features for the winter, more promotion or entertainment on common-area stages. The
establishments will make those decisions.
Muskegon Social District Plan
Introduction:
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed in to
law on July 1, 2020. This is enabling legislation that would allow Michigan municipalities to
establish Social Districts that would allow for “common areas” where two or more contiguous
licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms) could sell
alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all City Hall departments is designing a Muskegon
Social District and the policies, parameters and management of this new community
development tool. This Muskegon Social District Plan is being shared with potential license
holder users for refinement of the plan, a final draft will be presented to the Muskegon City
Commission for approval and sent on to the Michigan Liquor Control Commission for state
concurrence.
Management:
The Muskegon Social District would be created and managed by the city through its economic
development department and downtown manager. The district management and operations
would be assisted by the city’s public safety, public works, clerk and finance departments.
District boundaries:
The Muskegon Social District would have a common area south of Shoreline Drive with the
potential of expanding to the north in the future.
The initial Muskegon Social District would be mainly along West Western Avenue from Eighth
Street to Pine Street, including portions of Clay Avenue, Morris Avenue, Third Street and
Jefferson Street. (map attached)
Streets in the Social Districts would remain open to traffic and for parking, unless parking
spaces are given to outdoor dining. The district is being proposed with the expectation of
certain properties being developed that would include future businesses with liquor licenses
that might expand the common area.
Potential participating license holders:
Muskegon Social District -- The Eagles, Tipsy Toad, Mike’s Bar, Pigeon Hill, Burl & Sprig, Top
Shelf, Mercy Health/Rad-Dads, Dr. Rolf’s, Racquets, Smash, Walker’s, the CIM’s Courses, Unruly,
Boar’s Belly, 18th Amendment, WMSO/The Block, Farmers Market, Hennessy’s, Nipotes, 794
Kitchen, Capone’s, and Rake.
Participating license holders would be asked to sign a Social District agreement with the city,
which must approve social district permits issued by the MLCC. This allows a license holder to
sell alcoholic beverages in special district cups in its service area to be taken into the common
area for consumption.
Non-alcohol businesses within the district:
There are businesses which could be in the common area and allow for Social District beverages
to be brought into those places of business. Examples would be retail outlets such as Vintage
Redefined, Harris and Willow, Western Market and the Century Club Center.
Operations:
The Muskegon Social Districts would operate year round but the district’s seasonal road
closures along with outdoor services and amenities would be from May 1 to Oct. 31. Operations
would be seven days a week. The common areas would be open from 11 a.m. until 11 p.m.
Before 11 a.m. and after 11 p.m., Social District beverages would not be able to be possessed
nor consumed in the common areas. After hours, consumption of alcoholic beverages would
have to be contained within the license holders’ service areas.
It is the intent of city administration to begin implementing the Muskegon Social Districts in
2020, if possible. An initial roll out might not be a full Muskegon Social District but by the spring
of 2021 the entire Muskegon Social District plan would be implemented.
District designation and marking:
The boundaries of the Muskegon Social Districts would be clearly designated and marked with
signs and graphics on streets and sidewalks. The signs could be accompanied by a trash
receptacle for customers to dispose of used district cups as they exit the district.
Social District financing:
The Muskegon Social District established, implemented and managed by the City of Muskegon
must generate enough revenue to cover its costs. A number of funding models could pay for
the Muskegon Social District. The options include a surcharge on beverages purchased for
possession and consumption in the common areas though an upcharge on cups that would
need to be purchased through the city. Participating establishments could handle the surcharge
however they choose within their product price structure. The cup could contain a sponsor logo
or message that could generate dollars for the district. The district establishments could charge
a small daily fee for a wrist band to be a common area user. And finally, a district fee for
participating license holders in the Muskegon Social District could generate further revenues.
One or a blending of these funding methods would be explored and implemented by consensus
of the city and the participating establishments. Revenues would pay for initial implementation
such as signs and trash receptacles and ongoing costs such as the cups, security-enforcement,
sanitation, marketing-promotion and entertainment.
Social District logo and beverage containers:
The Muskegon Social Districts should have a name for branding and marketing purposes but
must have a special logo for use on the non-glass district beverage cups of no more than 16
ounces. The cups of various colors and/or stickers to differentiate among license holders must
also have a logo or name identifying the establishment. Muskegon Social District cups may not
be reused, must remain in the establishment where they were purchased or in the common
area and may not be taken into an establishment that did not sell the beverage.
Muskegon Social District will explore the use of cups that can be recycled or composted.
Security-enforcement:
Security and enforcement in the Muskegon Social Districts would be provided by the Muskegon
Police Department. The Muskegon Social District may hire certified private security personnel
to assist within the district.
Insurance:
The city would insure its management and operation of the Muskegon Social District through its
municipal umbrella insurance policy. Participating license holders would be left to secure their
own liability insurance as they deem necessary.
Sanitation:
The Muskegon Public Works Department with heavy assistance from participating
establishments would provide sanitation within the district including trash removal, litter pick
up on a daily basis and deployment of portable toilets, if needed. Each participating license
holder would be required to have a city provided trash receptacle outside of its entrances for
the disposal of district cups and empty those receptacles when needed. The city would
maintain its current downtown trash receptacles and could expand the number in areas where
establishments are not available to assist.
Marketing and promotion:
The Muskegon Social District should have a branded name for marketing purposes and a
distinctive logo. Marketing would be done through traditional free media and paid advertising
along with extensive social media. The district needs its own Facebook page, other social media
accounts and website.
Entertainment/food trucks:
The Muskegon Social District has the opportunity to provide entertainment on a regular basis
and food trucks when warranted. The district includes three small stages to provide various
musical acts, including Olthoff Stage, Alcoa Square and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical
entertainment. Finally, food trucks could be introduced to drive visitors into the district and
create a street-fair atmosphere when deemed necessary.
Festivals/special events:
The state’s Social District law does not allow special event liquor licenses to participate in a
Social District. Such special licenses are the backbone of several large festival events historically
within Muskegon’s Social Districts. Going forward, the Muskegon Social District and its
participating license holders seem to favor allowing these “beer tents” with no alcoholic
beverage entering or exiting special-event licensed area. But ongoing coordination and
collaboration with downtown events and festivals would be needed.
Muskegon Social District - South
Muskegon Social District
1 The Eagles
2 Tipsy Toad Tavern
3 Mike’s Inn
4 Pigeon Hill Brewing
5 Burl and Sprig
6 Top Shelf 17 18 20
16 19
7 Mercy Health Arena/Rad Dads
8 Dr. Rolf’s BBQ
9 Legends
10 Smash Wine Bar & Bistro
11 Walker’s The Foundation
12 The CIM’s Courses
13 Unruly Brewing 14 15
14 The Block 13
15 18th Amendment
16 Farmers Market
17 Nipote’s 11
18 794 Kitchen & Bar 10
9 12
19 Capone’s Speakeasy
20 Rake Beer Project 7
8
5 6
4
3
2
1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3/8/2021 Title: Small Retailer Assistance Program
Submitted By: Pete Wills Department: Economic Development
Brief Summary: Approve modifications to the City’s Small Retailer Assistance Program.
Detailed Summary:
The Small Retailer Assistance Program was established to aid in the creation of more small retail
businesses and to aid existing small retail businesses negatively impacted by COVID-19. Current grant
incentives include: Rental Assistance Grant, Retail Renovation Grant, CV Rental Assistance Grant,
and CV Capital Grant.
Rental Assistance Grant (new business) – intended to help small retailers open new storefronts in
traditional brick and mortar buildings. Grantees reimbursed 50% of monthly rent, up to $5,000.
Changes include: Existing micro-retailers with under 300 sf of space will be eligible for assistance
when they move to their own space with their own street frontage.
Retail Renovation Grant (new or existing business) – intended to assist in creation of more
rentable retail spaces. Grantees reimbursed 50% (up to $5,000) of renovation costs associated with
upgrading defunct space into usable retail suite. No changes
CV Rental Assistance Grant (existing business) – intended to help existing small retailers continue
operations in storefronts located in traditional brick and mortar buildings. Grantees reimbursed 75% of
their monthly rent, up to $5,000. Changes include: Change to “CV Assistance Grant” / grantees to be
reimbursed 75% of their business operating losses, rather than monthly rent, up to $5,000 / remove
eligibility requirement that applicant “employ no more than five people” / permit “retailers or restaurants
who are independent and locally-owned” to now be eligible applicants / remove requirement to offer
retail goods for sale / remove requirement to possess an executed rental agreement / revise location
requirement that applicant be in a traditional brick and mortar building, rather than a “retail suite”,
which is visible from the street / allow applicant to demonstrate “significant” business loss rather than
proving “greater than 50%” business loss & remove reference to comparable “prior months/years” /
permit business to be reimbursed 75% of business operating losses upon providing evidence of
business operating losses.
CV Capital Grant (existing business) – intended to help existing small retailers continue operations
in storefronts located in traditional brick and mortar buildings. Grantees reimbursed 75% of their
expenses up to a total of $5,000 for renovations associated with modifying storefront in response to
COVID-19 distancing guidelines and reduced capacity requirements. No changes
Amount Requested: NA Amount Budgeted: NA
Fund(s) or Account(s): NA Fund(s) or Account(s): NA
Recommended Motion: Approve staff modifications to the City’s Small Retailer Assistance
Program.
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: March 9, 2020 Title: Updated Deficit Elimination Plan –
Sewer Fund
Submitted By: Beth Lewis Department: Finance
Brief Summary: To approve an updated Deficit Elimination plan and resolution for the Sewer Fund
and direct staff to submit plan to the State of Michigan.
Detailed Summary: At the January 26, 2021 a deficit elimination plan for the Sewer was adopted
and sent to the State. The State has requested an update to our plan that includes the projected
budgets through deficit elimination. The deficit elimination plan and resolution for the Sewer Fund
are attached.
Amount Requested: na Amount Budgeted: na
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the deficit elimination resolution for the Sewer 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:
DEFICIT ELIMINATION PLAN
City of Muskegon
State ID Number 61-2020
Sewer Fund
March 1, 2021
At June 30, 2020 the City of Muskegon Sewer Fund had a deficit unrestricted net position of $3,595,965. The City has
been running an operations deficit for several years in the Sewer Fund. This deficit was in part created by high water
levels on our local lakes which caused infiltration into our system. We recently calculated that in calendar year 2019 for
each unit of usage that we billed for we paid the County to treat 1.64 units.
The Staff proposed an immediate 20% rate increase. The City Commission concurred and approved the rate increase on
January 12, 2021 with an effective date of January 1, 2021. Staff is hopeful that at June 30, 2021 the fund will have an
operations surplus. A 5% rate increase for FY2021-22 has been assumed.
Also part of this deficit is the fact that during FY2019-2020 we had received SRF financing from the state for
$11,500,000. This funding required the City to incur costs and then be reimbursed. This caused our Current Liabilities to
increase dramatically over our Current Assets. We received 75% forgiveness on this financing which we will be able to
show has revenue in our FY2021-22 fiscal year after all funds are expended and reimbursed and the first principal bond
payment is made.
After concurrence with our auditor we are projecting our deficit will be eliminated in FY2021-22.
CITY OF MUSKEGON
SEWER FUND
PROPOSED PROPOSED
FY2019-20 FY2020-21 FY2021-22
OPERATION REVENUE
Charges for Service $ 8,272,639 8,929,716 9,810,862
Other $ 125,199 145,000 135,000
Total Operating Revenue $ 8,397,838 9,074,716 9,945,862
OPERATING EXPENSES
Administration $ 476,958 508,522 628,522
Wastewater Treatment $ 6,978,294 6,000,000 6,200,000
Wastewater Maintenance $ 1,852,145 1,870,974 1,908,393
Depreciation $ 462,846 514,128 667,974
Total Operating Expenses $ 9,770,243 8,893,624 9,404,889
NONOPERATING REVENUES (EXPENSES)
Investment Earnings $ 1,209 1,209 1,209
Interest Expense $ (7,200) (7,500) (7,800)
Bond forgiveness 8,625,000
Bond Issuance Costs $ (56,625) (45,500)
Total Nonoperating Revenue(expense) $ (62,616) (51,791) 8,618,409
Change in Net Position $ (1,435,021) $ 129,301 $ 9,159,382
Net Position at beginning of year $ 11,695,671 $ 10,260,650 $ 10,389,951
Net position at end of year $ 10,260,650 $ 10,389,951 $ 19,549,333
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.______________
WHEREAS City of Muskegon’s Sewer Fund had a $3,595,965 unrestricted net position
deficit balance on June 30, 2020; and
WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan
be formulated by the local unit of government and filed with the Michigan Department of
Treasury:
NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of
Muskegon rescinds Resolution No. 2021-07C adopted on January 26, 2021 and adopts
the following as the City of Muskegon’s Sewer Fund Deficit Elimination Plan:
CITY OF MUSKEGON
SEWER FUND
PROPOSED PROPOSED
FY2019-20 FY2020-21 FY2021-22
OPERATION REVENUE
Charges for Service $ 8,272,639 8,929,716 9,810,862
Other $ 125,199 145,000 135,000
Total Operating Revenue $ 8,397,838 9,074,716 9,945,862
OPERATING EXPENSES
Administration $ 476,958 508,522 628,522
Wastewater Treatment $ 6,978,294 6,000,000 6,200,000
Wastewater Maintenance $ 1,852,145 1,870,974 1,908,393
Depreciation $ 462,846 514,128 667,974
Total Operating Expenses $ 9,770,243 8,893,624 9,404,889
NONOPERATING REVENUES (EXPENSES)
Investment Earnings $ 1,209 1,209 1,209
Interest Expense $ (7,200) (7,500) (7,800)
Bond forgiveness 8,625,000
Bond Issuance Costs $ (56,625) (45,500)
Total Nonoperating Revenue(expense) $ (62,616) (51,791) 8,618,409
Change in Net Position $ (1,435,021) $ 129,301 $ 9,159,382
Net Position at beginning of year $ 11,695,671 $ 10,260,650 $ 10,389,951
Net position at end of year $ 10,260,650 $ 10,389,951 $ 19,549,333
Adopted this _______day of March 2021
By:__________________________________
Stephen J. Gawron
Its Mayor
By:__________________________________
Ann Marie Meisch, MMC
Its Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City commission, held on March
9, 2021. The meeting was properly held and noticed pursuant to Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1967.
CITY OF MUSKEGON
By: ________________________________
Ann Marie Meisch, MMC
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 9th, 2021 Title: Campbell Field Playground
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to approve the purchase of several items related to the construction
of a new playground at Campbell Field.
Detailed Summary:
The City was unsuccessful in our grant application to MDNR to fund improvements at Campbell
Field, however staff is still moving forward on several of the identified improvements that were
previously shared for public comment and are attached. This work is being completed utilizing the
city matching funds that were generated from the PILOT Agreement with Royale Glen Apartments
($156K).
To that end City Staff is requesting permission to move forward with the playground replacement at
Campbell Field including contracting for the construction of the playground pad, purchase of
playground surfacing tiles and contracting installation services for a new playground.
The equipment for the new playground was purchased through the Beidler Street Sanitary Sewer
Project (590/591-91854) and originally planned to be placed at the Beidler Street tot-lot as a
replacement for the equipment that was removed there to facilitate the sewer installation. Through
staff discussion and coordination with the Campbell Field neighborhood we are now proposing to
install the new playground structure at Campbell Field and develop and alternate plan for the Beidler
Street tot-lot at a later date.
First, staff proposes to engage with Wing Contracting, which is currently contracted as the low bidder
to install the concrete pad for the Aamodt Park Playground, to install the concrete at Campbell Field.
The cost of this is TBD but estimated at approximately $8K and would be handled as a change order
under the current agreement for Aamodt Park. This change order would be over the % thresholds
available for approval at the staff level.
Second, staff recommends purchase of playground surfacing tiles along with professional
playground installation services from Sinclair Recreation. They are the cities preferred vendor for
playground services and the suppliers of the already purchased playground equipment. The cost
for these items is $35,752.40.
Staff will return with additional requests at a later date to utilize more of the remaining funds towards
completion of items at Campbell Field.
Amount Requested: $43,752.40 Amount Budgeted: $156,000
Fund(s) or Account(s): 404 Fund(s) or Account(s): 404
Recommended Motion:
Authorize staff to approve a change order with Wing Construction to provide the concrete work for
the new playground pad at a cost not to exceed $8K and authorize staff to contract with Sinclair
Recreation for the purchase of playground surfacing tiles and playground installation services in
the amount of $35,752.40
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
GameTime c/o Sinclair Recreation 02/16/2021
PO Box 1409 Quote #100535-01-15
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
Campbell Field T ile & Installation of Equipment
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
1860 Tile - DuraSAFE Premium Sinclair Recreation - Area Two - DuraSAFE Tile Surfacing 3.25" Thick for 6' CFH- $17.34 $32,252.40
Includes installation, adhesive and shipping
1 INSTALL Installation - Installation of PrimeTime Structure and Swings $3,500.00 $3,500.00
Contract: OMNIA Sub Total $35,752.40
Total $35,752.40
Comments
Price does not include excavation, removal of existing equipment, concrete pad, coring of holes 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.
Payment terms: Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those
services and project completion. Retainage not accepted.
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.
Page 1 of 2
GameTime c/o Sinclair Recreation 02/16/2021
PO Box 1409 Quote #100535-01-15
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
Campbell Field T ile & Installation of Equipment
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: $35,752.40
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.
Page 2 of 2
LAWN
CONCRETE
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 9th, 2021 Title: Beidler Change Order #004
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to approve Change Order #004 to the sewer project work on Beidler
Street in the Campbell Field Neighborhood.
Detailed Summary:
Final quantity measurements have been completed for the water and sewer work conducted
throughout the Campbell Field Neighborhood on Crowley, Beidler, Young, and Pulaski Streets and
the project has been recommended for final acceptance and closeout.
Change Order #004 represents an increase to the Contract value of $9,847.24. Combined with the
previously approved Change Orders #001-#003 the total change order value for the project stands
at $38,077.86 on an original contract value of $5,465,514.75 for a net final increase of 0.7%. The
approved project budgets contained a contingency of ~6% so this final balancing does not exceed
the budgeted contingency. Future reforecasts will reduce the total budgeted cost of this project.
Amount Requested: $5,503,592.61 Amount Budgeted: $5,793,445.64
($5,465,514.75 + 6%)
Fund(s) or Account(s): 590/591-91854 Fund(s) or Account(s): 590/591-91854
Recommended Motion:
Authorize staff to approve Change Order #004 to the Westwood Sewer Project with Kamminga
and Roodvoets in the amount of $9,847.24 for a total net change on the project of $38,077.86.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CHANGE ORDER NO.: 4
Owner: City of Muskegon Owner’s Project No.: 91854
Engineer: Prein&Newhof Engineer’s Project No.: 1280552
Contractor: Kamminga & Roodvoets Contractor’s Project No.:
Project: Wastewater System Improvements
Contract Name: Contract 1: Beidler Sanitary Sewer Replacement
Date Issued: 2/17/2021 Effective Date of Change Order: 2/17/2021
The Contract is modified as follows upon execution of this Change Order:
Description:
- Balance final contract quantities based on final installed quantities
- Install additional pavement markings requiring replacement
- Install four concrete bin blocks at dead end roads to restrict access to traffic
- Balance unused electrical allowance amounts from the Lift Station and Grinder Station lump sum
pay items.
Attachments:
See Attached Detail Sheet and Contractor Pricing
Change in Contract Times
[State Contract Times as either a specific date or a
Change in Contract Price number of days]
Original Contract Price: Original Contract Times:
Substantial Completion:
$ 5,465,514.75 Ready for final payment:
[Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved
Order No. 1: Change Orders No.1 to No. [Number of previous
Change Order]:
Substantial Completion:
$ 28,230.62 Ready for final payment:
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ 5,493,745.37 Ready for final payment:
[Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order:
Substantial Completion:
$ 9,847.24 Ready for final payment:
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ 5,503,592.61 Ready for final payment:
Recommended by Engineer (if required) Accepted by Contractor
By: By:
Title: Project Manager Title:
Date: Date:
Authorized by Owner Approved by Funding Agency (if applicable)
By: By:
Title: Director of Public Works Title:
Date: Date:
This document is a Modified version of EJCDC® C 941, Change Order.
Copyright© 2018 NSPE, ACEC and ASCE. All rights reserved.
Page 1 of 8
S:\2018\2180552 City of Muskegon\PEC\Contract 01 Beidler\Change Orders\Change Order 4\Change Order 4 2021-02-17 - Balancing
Balancing Change Order
For (contract): Project Number:
Contract 1: Beidler Sanitary Sewer Replacement 2180552
Application Date:
February 17, 2021
Section 1: Balance Base Quantities
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
1 1 Lsum 545,000 $545,000.00 1.00 $545,000.00 0.00 $0.00
2 1 Lsum 20,000 $20,000.00 1.00 $20,000.00 0.00 $0.00
3 1 Lsum 102,000 $102,000.00 1.00 $102,000.00 0.00 $0.00
4 44 Ea 165 $7,260.00 48.00 $7,920.00 4.00 $660.00
5 16 Ea 600 $9,600.00 17.00 $10,200.00 1.00 $600.00
6 3 Ea 85 $255.00 3.00 $255.00 0.00 $0.00
7 2 Ea 4,175 $8,350.00 4.00 $16,700.00 2.00 $8,350.00
8 1 Lsum 12,000 $12,000.00 1.00 $12,000.00 0.00 $0.00
9 55 Ea 250 $13,750.00 41.00 $10,250.00 -14.00 -$3,500.00
10 35 Ea 1,200 $42,000.00 25.00 $30,000.00 -10.00 -$12,000.00
11 3,695 Ft 6 $22,170.00 1,310.00 $7,860.00 -2,385.00 -$14,310.00
12 80 Ft 20 $1,600.00 14.00 $280.00 -66.00 -$1,320.00
13 8,900 Ft 7 $57,850.00 8,305.00 $53,982.50 -595.00 -$3,867.50
14 7,790 Ft 4 $33,107.50 5,965.00 $25,351.25 -1,825.00 -$7,756.25
15 2,060 Syd 9 $18,025.00 1,787.38 $15,639.58 -272.62 -$2,385.43
16 15,050 Syd 5 $69,230.00 14,582.90 $67,081.34 -467.10 -$2,148.66
17 1,305 Syd 8 $10,113.75 810.75 $6,283.28 -494.25 -$3,830.47
18 1 Lsum 10,000 $10,000.00 1.00 $10,000.00 0.00 $0.00
19 1 lsum 15,000 $15,000.00 0.93 $13,928.77 -0.07 -$1,071.23
20 1 Lsum 10,000 $10,000.00 0.00 $0.00 -1.00 -$10,000.00
21 250 Ton 55 $13,750.00 501.70 $27,593.50 251.70 $13,843.50
22 43 Ea 150 $6,450.00 10.00 $1,500.00 -33.00 -$4,950.00
23 300 Ft 4 $1,050.00 170.00 $595.00 -130.00 -$455.00
24 1 Ea 1,700 $1,700.00 1.00 $1,700.00 0.00 $0.00
25 54 Sta 4,000 $216,000.00 75.71 $302,840.00 21.71 $86,840.00
Page 2 of 8 of pages
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
26 165 Syd 7 $1,196.25 37.80 $274.05 -127.20 -$922.20
27 17,790 Syd 10 $177,900.00 17,107.77 $171,077.70 -682.23 -$6,822.30
28 830 Syd 10 $8,300.00 1,377.78 $13,777.80 547.78 $5,477.80
29 137 Syd 9 $1,267.25 195.52 $1,808.56 58.52 $541.31
30 2,700 Ton 112 $302,400.00 3,003.21 $336,358.96 303.21 $33,958.96
31 100 Ton 120 $12,000.00 106.18 $12,741.60 6.18 $741.60
32 100 Ton 120 $12,000.00 110.98 $13,317.60 10.98 $1,317.60
33 273 Ton 150 $40,950.00 37.83 $5,674.50 -235.17 -$35,275.50
34 165 Syd 60 $9,900.00 144.92 $8,695.20 -20.08 -$1,204.80
35 1,600 Syd 41 $65,600.00 1,677.06 $68,759.46 77.06 $3,159.46
36 7,685 Ft 16 $124,881.25 7,174.75 $116,589.69 -510.25 -$8,291.56
37 95 Ft 24 $2,280.00 101.00 $2,424.00 6.00 $144.00
38 5,860 Sft 4 $22,268.00 6,851.45 $26,035.51 991.45 $3,767.51
39 3,005 Sft 5 $15,025.00 2,298.65 $11,493.25 -706.35 -$3,531.75
40 2,310 Sft 6 $13,629.00 2,129.70 $12,565.23 -180.30 -$1,063.77
41 200 Ft 34 $6,700.00 214.50 $7,185.75 14.50 $485.75
42 60 Sta 1,700 $102,000.00 66.64 $113,288.00 6.64 $11,288.00
43 11 Ea 450 $4,950.00 25.00 $11,250.00 14.00 $6,300.00
44 1,180 Ft 3 $3,481.00 82.00 $241.90 -1,098.00 -$3,239.10
45 180 Ft 8 $1,440.00 11.00 $88.00 -169.00 -$1,352.00
46 120 Ft 5 $600.00 136.00 $680.00 16.00 $80.00
47 1,093 Ft 65 $71,045.00 1,218.50 $79,202.50 125.50 $8,157.50
48 166 Ft 120 $19,920.00 173.50 $20,820.00 7.50 $900.00
49 16 Ft 180 $2,880.00 0.00 $0.00 -16.00 -$2,880.00
50 0 Ft 265 $0.00 0.00 $0.00 0.00 $0.00
51 2 Ea 400 $800.00 4.00 $1,600.00 2.00 $800.00
52 5 Ea 500 $2,500.00 1.00 $500.00 -4.00 -$2,000.00
53 1 Ea 700 $700.00 1.00 $700.00 0.00 $0.00
54 0 Ea 1,225 $0.00 0.00 $0.00 0.00 $0.00
55 0 Ea 2,000 $0.00 0.00 $0.00 0.00 $0.00
56 13 Ea 1,100 $14,300.00 12.00 $13,200.00 -1.00 -$1,100.00
Page 3 of 8 of pages
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
57 16 Ea 1,700 $27,200.00 19.00 $32,300.00 3.00 $5,100.00
58 0 Ea 9,000 $0.00 0.00 $0.00 0.00 $0.00
59 6 Ea 825 $4,950.00 7.00 $5,775.00 1.00 $825.00
60 1 Ea 825 $825.00 2.00 $1,650.00 1.00 $825.00
61 23 Ea 825 $18,975.00 24.00 $19,800.00 1.00 $825.00
62 19 Ea 625 $11,875.00 22.00 $13,750.00 3.00 $1,875.00
63 7 Ft 350 $2,450.00 11.00 $3,850.00 4.00 $1,400.00
64 0 Ea 650 $0.00 0.00 $0.00 0.00 $0.00
65 0 Ea 875 $0.00 0.00 $0.00 0.00 $0.00
66 1,581 Ft 80 $126,480.00 1,546.00 $123,680.00 -35.00 -$2,800.00
67 295 Ft 100 $29,500.00 295.00 $29,500.00 0.00 $0.00
68 603 Ft 190 $114,570.00 603.00 $114,570.00 0.00 $0.00
69 2,292 Ft 119 $272,748.00 2,288.50 $272,331.50 -3.50 -$416.50
70 2,050 Ft 120 $246,000.00 2,062.00 $247,440.00 12.00 $1,440.00
71 64 Ft 80 $5,120.00 65.00 $5,200.00 1.00 $80.00
72 0 Ft 90 $0.00 0.00 $0.00 0.00 $0.00
73 365 Ft 100 $36,500.00 333.00 $33,300.00 -32.00 -$3,200.00
74 383 Ft 110 $42,130.00 383.00 $42,130.00 0.00 $0.00
75 225 Ft 165 $37,125.00 225.00 $37,125.00 0.00 $0.00
76 60 Ft 800 $48,000.00 60.00 $48,000.00 0.00 $0.00
77 26 Ea 3,500 $91,000.00 26.00 $91,000.00 0.00 $0.00
78 50 VF 350 $17,465.00 52.30 $18,305.00 2.40 $840.00
79 1 Ea 5,000 $5,000.00 2.00 $10,000.00 1.00 $5,000.00
80 9 Ea 7,100 $63,900.00 10.00 $71,000.00 1.00 $7,100.00
81 0 Ea 4,500 $0.00 0.00 $0.00 0.00 $0.00
82 6 Ea 450 $2,700.00 11.00 $4,950.00 5.00 $2,250.00
83 6 Ea 550 $3,300.00 8.00 $4,400.00 2.00 $1,100.00
84 18 Ea 650 $11,700.00 23.00 $14,950.00 5.00 $3,250.00
85 0 Ea 2,000 $0.00 0.00 $0.00 0.00 $0.00
86 1,135 Ft 50 $56,750.00 1,266.50 $63,325.00 131.50 $6,575.00
87 39 Ea 250 $9,750.00 42.00 $10,500.00 3.00 $750.00
Page 4 of 8 of pages
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
88 19 Ea 350 $6,650.00 21.00 $7,350.00 2.00 $700.00
89 1 Ea 450 $450.00 2.00 $900.00 1.00 $450.00
90 0 Ea 500 $0.00 0.00 $0.00 0.00 $0.00
91 1 Ea 700 $700.00 1.00 $700.00 0.00 $0.00
92 8,162 Ft 2 $18,364.50 6,445.20 $14,501.70 -1,716.80 -$3,862.80
93 59 Ft 40 $2,360.00 59.00 $2,360.00 0.00 $0.00
94 1,343 Ft 70 $94,010.00 1,274.30 $89,201.00 -68.70 -$4,809.00
95 3,002 Ft 80 $240,160.00 3,076.00 $246,080.00 74.00 $5,920.00
96 8 Ea 1,200 $9,600.00 10.00 $12,000.00 2.00 $2,400.00
97 1 Ea 750 $750.00 0.00 $0.00 -1.00 -$750.00
98 1 Ea 9,000 $9,000.00 1.00 $9,000.00 0.00 $0.00
99 4 Ea 7,350 $29,400.00 4.00 $29,400.00 0.00 $0.00
100 1 Lsum 55,000 $55,000.00 1.00 $55,000.00 0.00 $0.00
101 1 Lsum 525,000 $525,000.00 1.00 $525,000.00 0.00 $0.00
102 24 Ft 60 $1,440.00 87.00 $5,220.00 63.00 $3,780.00
103 2 Ea 1,100 $2,200.00 2.00 $2,200.00 0.00 $0.00
104 1,270 Ft 4 $5,397.50 1,339.50 $5,692.88 69.50 $295.38
105 260 Syd 9 $2,275.00 218.59 $1,912.66 -41.41 -$362.34
106 1,805 Syd 5 $8,303.00 1,811.00 $8,330.60 6.00 $27.60
107 189 Syd 8 $1,464.75 376.40 $2,917.10 187.40 $1,452.35
108 1,835 Syd 10 $18,350.00 1,609.50 $16,095.00 -225.50 -$2,255.00
109 320 Ton 112 $35,840.00 341.81 $38,282.72 21.81 $2,442.72
110 255 Syd 41 $10,455.00 267.06 $10,949.46 12.06 $494.46
111 1,335 Ft 16 $21,693.75 1,338.00 $21,742.50 3.00 $48.75
112 1,700 Sft 4 $6,460.00 3,906.50 $14,844.70 2,206.50 $8,384.70
113 440 Sft 6 $2,596.00 254.90 $1,503.91 -185.10 -$1,092.09
114 30 Ft 34 $1,005.00 34.00 $1,139.00 4.00 $134.00
115 1 Ea 450 $450.00 2.00 $900.00 1.00 $450.00
116 1,308 Ft 60 $78,480.00 1,331.90 $79,914.00 23.90 $1,434.00
117 1,282 Ft 62 $79,484.00 1,315.00 $81,530.00 33.00 $2,046.00
118 8 Ea 550 $4,400.00 14.00 $7,700.00 6.00 $3,300.00
Page 5 of 8 of pages
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
119 3 Ea 600 $1,800.00 4.00 $2,400.00 1.00 $600.00
120 1 Ea 575 $575.00 2.00 $1,150.00 1.00 $575.00
121 2 Ea 1,100 $2,200.00 2.00 $2,200.00 0.00 $0.00
122 3 Ea 1,525 $4,575.00 4.00 $6,100.00 1.00 $1,525.00
123 4 Ea 675 $2,700.00 4.00 $2,700.00 0.00 $0.00
124 3 Ea 725 $2,175.00 4.00 $2,900.00 1.00 $725.00
125 1 Ea 1,000 $1,000.00 1.00 $1,000.00 0.00 $0.00
126 1 Ea 6,000 $6,000.00 1.00 $6,000.00 0.00 $0.00
127 57 Ea 450 $25,650.00 55.00 $24,750.00 -2.00 -$900.00
128 31 Ea 500 $15,500.00 54.00 $27,000.00 23.00 $11,500.00
129 3,285 Ft 62 $203,670.00 2,878.50 $178,467.00 -406.50 -$25,203.00
130 30 Ea 1,600 $48,000.00 3.00 $4,800.00 -27.00 -$43,200.00
131 3 Ea 250 $750.00 2.00 $500.00 -1.00 -$250.00
132 7 Ea 3,100 $21,700.00 7.00 $21,700.00 0.00 $0.00
133 1,930 Ft 5 $9,650.00 1,163.00 $5,815.00 -767.00 -$3,835.00
134 500 Ft 7 $3,250.00 132.00 $858.00 -368.00 -$2,392.00
135 9 Ea 1,400 $12,600.00 10.00 $14,000.00 1.00 $1,400.00
136 2 Ea 1,700 $3,400.00 3.00 $5,100.00 1.00 $1,700.00
137 60 Ea 250 $15,000.00 34.00 $8,500.00 -26.00 -$6,500.00
138 82 Ft 65 $5,330.00 96.00 $6,240.00 14.00 $910.00
139 2 Ea 1,100 $2,200.00 2.00 $2,200.00 0.00 $0.00
140 1 Ea 1,700 $1,700.00 1.00 $1,700.00 0.00 $0.00
141 1 Ea 350 $350.00 1.00 $350.00 0.00 $0.00
142 1 Ea 825 $825.00 1.00 $825.00 0.00 $0.00
143 2 Ea 825 $1,650.00 2.00 $1,650.00 0.00 $0.00
144 150 Syd 9 $1,387.50 112.15 $1,037.39 -37.85 -$350.11
145 440 Ton 112 $49,280.00 436.38 $48,874.56 -3.62 -$405.44
146 29 Ton 150 $4,350.00 12.34 $1,851.00 -16.66 -$2,499.00
147 372 Syd 41 $15,252.00 332.03 $13,613.23 -39.97 -$1,638.77
148 400 Sft 4 $1,520.00 0.00 $0.00 -400.00 -$1,520.00
149 345 Sft 5 $1,725.00 0.00 $0.00 -345.00 -$1,725.00
Page 6 of 8 of pages
CURRENT BASE QUANTITIES INSTALLED DIFFERENCE
Item
No. Quantity Unit Unit Price Total Amount Total Quantity Total Paid to Date Quantity Total Amount
150 1,947 Ft 16 $31,638.75 1,934.80 $31,440.50 -12.20 -$198.25
151 677 Ft 78 $52,806.00 664.50 $51,831.00 -12.50 -$975.00
152 9 Ea 1,600 $14,400.00 9.00 $14,400.00 0.00 $0.00
157 1 Ea 285 $285.00 1.00 $285.00 0.00 $0.00
162 1 Ea 450 $450.00 1.00 $450.00 0.00 $0.00
167 1 Ea 2,494 $2,494.00 1.00 $2,494.00 0.00 $0.00
172 183 Ft 26 $4,831.20 183.00 $4,831.20 0.00 $0.00
177 46 Syd 44 $2,021.13 46.25 $2,021.13 0.00 $0.00
182 110 Ft 28 $3,113.00 142.50 $4,032.75 32.50 $919.75
187 1 Lsum 16,303 $16,302.50 1.00 $16,302.50 0.00 $0.00
192 1 Lsum 1,290 $1,290.00 1.00 $1,290.00 0.00 $0.00
197 3 Ea 212 $636.00 5.00 $1,060.00 2.00 $424.00
202 1 Ea 860 $860.00 1.00 $860.00 0.00 $0.00
207 7 Ft 74 $481.00 6.50 $481.00 0.00 $0.00
212 449 Cyd 26 $11,660.79 449.01 $11,660.79 0.00 $0.00
217 1 LS 1,787 $1,787.00 1.00 $1,787.00 0.00 $0.00
222 1 LS 2,819 $2,819.00 1.00 $2,819.00 0.00 $0.00
227 1 LS 12,480 $12,480.00 1.00 $12,480.00 0.00 $0.00
232 8 Day 1,523 $12,180.00 8.00 $12,180.00 0.00 $0.00
237 1 LS 1,960 $1,960.00 1.00 $1,960.00 0.00 $0.00
242 227 Ft 15 $3,405.00 227.00 $3,405.00 0.00 $0.00
247 3,494 Dollar 1 $3,494.00 3,494.00 $3,494.00 0.00 $0.00
252 1 Lsum 1,661 $1,661.00 1.00 $1,661.00 0.00 $0.00
Total Section 1 $5,493,745.36 $5,528,015.24 $34,269.88
Page 7 of 8 of pages
Section 2: Miscellaneous Extras
Description Total Amount
257 Service Garage Customized Hatching, White (45 feet @ $10.50 per foot) $472.50
262 Handicap Symbol, Blue (2 @ $52.50 each) $105.00
267 Left Turn Symbol, White (1 @ $131.25 each) $131.25
272 Parking Lines, 4" Yellow (204 feet @ $1.89 per foot) $385.56
277 Parking Lines, 4" White (290 feet @ $1.89 per foot) $548.10
282 Parking Lines, 4" Blue (230 feet @ $2.04 per foot) $469.20
287 Pavt Mrkg, White Chevron (4 @ $105.00 each) $420.00
292 Concrete Bin Block (4 @ $565 each) $2,260.00
297 Balance Unused Electrical Allowance, Lift Station ($2,574 out of $12,000 allowance used) -$9,426.00
302 Balance Unused Electrical Allowance, Grinder Station ($211.75 out of $20,000 allowance used) -$19,788.25
Total Section 2 -$24,422.64
TOTAL CHANGE ORDER NO. 4 $9,847.24
Page 8 of 8 of pages
Tyler DeNooyer
From: Dave Lehner
Sent: Monday, November 30, 2020 2:07 PM
To: Tyler DeNooyer; Jeff Talsma; Matthew R. Hulst
Cc: Brad Kreider; Thomas Hollman
Subject: RE: City of Muskegon Beidler
Due to the amount of time this will take to match the existing the price will be $10.00 per/lft.
Dave Lehner
Scheduling
P.K. Contracting Inc.
Phone 269-385-3222
Fax 269-385-3264
Cell 616-893-4408
From: Tyler DeNooyer [mailto:tdenooyer@preinnewhof.com]
Sent: Monday, November 30, 2020 2:01 PM
To: Jeff Talsma ; Matthew R. Hulst
Cc: Dave Lehner ; Brad Kreider
Subject: RE: City of Muskegon Beidler
Jeff,
Thank you for the pricing, we will review it ASAP.
What was not included was the white “hatching” between the lanes at the Betten service garage (picture provided
previously). Can you also provide pricing for that as well (45 feet in total)?
Thanks,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Jeff Talsma
Sent: Monday, November 30, 2020 1:47 PM
To: Tyler DeNooyer ; Matthew R. Hulst
1
Cc: DaveL@pkcontracting.com; Brad Kreider
Subject: FW: City of Muskegon Beidler
Tyler/Matt,
Please see pricing below from PK, please add 5% prime contractor markup.
Please advise if acceptable, also note if accepted PK can begin this work as soon as tomorrow Tuesday 12/1
Thank you!
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Dave Lehner
Sent: Monday, November 30, 2020 1:40 PM
To: Jeff Talsma
Subject: RE: City of Muskegon Beidler
Jeff,
See pricing for RD painted markings.
If acceptable we will start tomorrow.
Handicap Symbol, Blue 2 EA - $50.00 EA
Left Turn Symbol, White 1 EA - $125.00 / EA
4” Yellow (Parking Lines) 300 ft Betten - $1.80 / LFT
4” White (parking Lines ) 300 ft West Village Mall - $1.80 / LFT
4” Blue (Accessible Parking Spot, includes cross hatch) 100 ft - $1.95 / LFT
White Arrows at Betten Service Garage 4 EA (they look like a carot) - $100.00 / EA
White Left Turn arrow 1 EA West Village Mall - $125.00 / EA
Thanks,
Dave Lehner
Scheduling
P.K. Contracting Inc.
Phone 269-385-3222
Fax 269-385-3264
Cell 616-893-4408
From: Jeff Talsma [mailto:talsmje@kandrinc.com]
Sent: Wednesday, November 25, 2020 8:53 AM
To: Dave Lehner
Cc: Brad Kreider ; Tyler DeNooyer ; Tyler DeNooyer
2
Subject: FW: City of Muskegon Beidler
Dave,
I reached out regarding this again on Monday and have not heard back? Any luck? They are looking to have this work
completed yet this year if at all possible.
Let me know, Thank you!
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Jeff Talsma
Sent: Monday, November 23, 2020 12:53 PM
To: Dave Lehner (DaveL@pkcontracting.com)
Cc: Brad Kreider
Subject: RE: City of Muskegon Beidler
Dave,
Where are we at on pricing for this?
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Jeff Talsma
Sent: Monday, November 9, 2020 3:04 PM
To: Dave Lehner (DaveL@pkcontracting.com)
Cc: Brad Kreider
Subject: FW: City of Muskegon Beidler
Dave,
See below and attached from Prein & Newhoff for Betten stripping questions.
Per the first email they should be fine using regular dry at this point.
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Tyler DeNooyer
Sent: Monday, November 9, 2020 2:56 PM
To: Jeff Talsma
Cc: Matthew R. Hulst
Subject: RE: City of Muskegon Beidler
Jeff,
3
I have attached two pictures for your reference.
The four white arrows are approximately 3 feet wide and 3 feet tall. I can get exact measurements if needed.
Also not included below was the white lane divider hatching at the Betten Service Garage (see attached picture). There
is approximately 45 feet of this hatching which will also need to be included pricing.
Thank you,
Tyler DeNooyer, P.E.
Prein&Newhof
t. 231-798-0101
f. 231-798-0337 c. 616-481-0693
Website | Blog | LinkedIn
From: Jeff Talsma
Sent: Monday, November 9, 2020 1:37 PM
To: Matthew R. Hulst
Cc: Tyler DeNooyer
Subject: FW: City of Muskegon Beidler
Matt/Tyler,
See below do you have a picture of the arrows at the Betten service garage?
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Dave Lehner
Sent: Monday, November 9, 2020 1:36 PM
To: Jeff Talsma
Cc: Brad Kreider
Subject: RE: City of Muskegon Beidler
Jeff,
Are all markings regular dry paint?
We don’t have a carrot template for an arrow. Do you have a picture?
Handicap Symbol, Blue 2 EA
Left Turn Symbol, White 1 EA
4” Yellow (Parking Lines) 300 ft Betten
4” White (parking Lines ) 300 ft West Village Mall
4” Blue (Accessible Parking Spot, includes cross hatch) 100 ft
White Arrows at Betten Service Garage 4 EA (they look like a carot)
White Left Turn arrow 1 EA West Village Mall
Dave Lehner
4
Scheduling
P.K. Contracting Inc.
Phone 269-385-3222
Fax 269-385-3264
Cell 616-893-4408
From: Jeff Talsma [mailto:talsmje@kandrinc.com]
Sent: Monday, November 09, 2020 1:28 PM
To: Dave Lehner
Cc: Brad Kreider
Subject: FW: City of Muskegon Beidler
Dave,
Please see below for the Biedler project in Muskegon, can you provide pricing and a tentative schedule as to when we
may be able to get this completed yet this year?
Let me know, Thank you!
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Matthew R. Hulst
Sent: Monday, November 9, 2020 12:34 PM
To: Jeff Talsma
Cc: Tyler DeNooyer
Subject: City of Muskegon Beidler
Jeff,
The pavement markings in the parking lots at Betten need to be replaced where they were removed. The plan is to put
them back to where they were. Approximate quantities are below.
Handicap Symbol, Blue 2 EA
Left Turn Symbol, White 1 EA
4” Yellow (Parking Lines) 300 ft Betten
4” White (parking Lines ) 300 ft West Village Mall
4” Blue (Accessible Parking Spot, includes cross hatch) 100 ft
White Arrows at Betten Service Garage 4 EA (they look like a carot)
White Left Turn arrow 1 EA West Village Mall
Basically we need to put it back how it was. I can have Tyler mark up a plan if you prefer. This can be waterborne or
regular dry depending on what they are still using right now. I am fine doing this as a lump sum item for parking lot
striping. Let me know if you have questions and need any clarifications. It would be nice to get this yet this year if
possible.
5
Thank you,
Matthew Hulst, P.E.
Prein&Newhof
t. 231-798-0101 x.1211
f. 231-798-0337
Website | Blog | LinkedIn
6
Tyler DeNooyer
From: Jeff Talsma
Sent: Monday, November 2, 2020 10:13 AM
To: Matthew R. Hulst
Cc: Tyler DeNooyer; Brad Kreider
Subject: RE: City of Muskegon Beidler
Matt,
The proposed price would be $565.00/Ea
Please advise if you would like to proceed and we will get them coming, Thank you!
Jeff Talsma
Kamminga and Roodvoets Inc.
Phone: (616) 949-0800 Ext. 130
Fax: (616) 949-1894
From: Matthew R. Hulst
Sent: Monday, October 26, 2020 3:27 PM
To: Jeff Talsma
Cc: Tyler DeNooyer
Subject: City of Muskegon Beidler
Jeff,
The City would like to add some concrete bin blocks to the ends of Beidler and Pulaski. I am thinking two concrete bin
blocks at each location, 6 ft long. Could you please provide a cost to provide and place them following completion of
restoration? Locations would be 107+75 Pulaski and 128+90 Beidler.
Let me know if you have any questions regarding this.
Thank you,
Matthew Hulst, P.E.
Prein&Newhof
t. 231-798-0101 x.1211
f. 231-798-0337
Website | Blog | LinkedIn
1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 03/09/2021 Title: Harvey Pump Station Electrical Upgrades
Submitted By: Joe Buthker Department: Public Works - Filtration
Brief Summary: Staff is requesting authorization to contract with Wirtz Electric & Communications
for electrical upgrades at the Harvey Pump Station.
Detailed Summary:
The Harvey Pump Station is critical to the distribution of drinking water to the City of Muskegon
and its wholesale customers. The electrical power for the entire facility is distributed through the
original motor control center (MCC) installed in 1964. This MCC is well beyond its expected service
life of 40 years, and it was recommended to staff that it be replaced for reasons of reliability and
safety. As part of this project, the soft starters in this MCC that control the two constant speed
water pumps will be upgraded to variable frequency drives (VFDs) to improve both reliability and
efficiency.
Staff is also recommending the replacement of the existing armored cable that feeds the MCC.
Similar cable at the pump station experienced a seal failure that resulted in water entering
electrical equipment, and this project provides an ideal opportunity to prevent a similar occurrence.
The base bid for this scope of work includes the cost to run new conduit between the MCC and the
pump motors. However, this cost will be deducted from the total cost listed below if an inspection
of the original conduit shows it to be reusable for this project.
Proposals were solicited from five electrical contractors for the purchase, install, and startup of all
equipment. Three proposals were received. Staff recommends this project be awarded to the
lowest bidder, Wirtz Electric & Communications. This project was budgeted as part of the ongoing
upgrades to the Harvey Pump Station.
Base Bid Feed Cable Total
Wirtz Electric & Communications 289,033.00 6,233.00 295,266.00
Parkway Electric 300,645.00 7,945.00 308,590.00
Newkirk Electric Associates 328,560.00 10,985.00 339,545.00
Amount Requested: $295,266.00 Amount Budgeted: $1,040,000.00
Fund(s) or Account(s): 591-92007-5346 Fund(s) or Account(s): 591-92007-5346
Recommended Motion:
Authorize staff to contract with Wirtz Electric & Communications for $295,266.00 to perform
electrical upgrades at the Harvey Pump Station.
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: 3/9/2021 Title: Asphalt Paver Purchase
Submitted By: Joe Buckingham Department: Equipment
Brief Summary:
The Equipment Division is requesting permission to purchase one Asphalt Paver from Michigan Cat,
the authorized, Mi-Deal contract holder. We will be re-forecasting the Equipment budget for the third
quarter to reflect deleting two truck purchases and then allocating an additional $7,000.00 to cover the
purchase of this Paver.
Detailed Summary:
The Equipment Division and Highway Department have been trading services with another local
Community for the use of their paver as needed. This machine is aging rapidly and will soon be
obsolete with nowhere to buy repair parts. That is why this purchase in imperative to our paving
projects to maintain the quality of service our citizens have come to expect. This machine will also
allow the City to take on many more projects to ease the burden of always needing to hire a
contractor for slightly lager paving projects in our Parks and Alleyways.
Amount Requested: $90,335.00 Amount Budgeted: $90,335.00
Fund(s) or Account(s): 661 Fund(s) or Account(s): 661
Recommended Motion: Authorize staff to move forward with purchase of a LeeBoy paver
through Michigan CAT in the amount of $90,335.00 under the Mi-Deal Contract.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 09, 2021 Title: MDOT Agreement for Peck Street
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting approval of the contract with MDOT for the reconstruction of
Peck Street from Merrill Avenue north to Apple Avenue and approval of the resolution authorizing
the Mayor and Clerk to sign the contract.
Detailed Summary: This is the standard contract governing projects that are constructed using
federal funds through MDOT. The estimated cost for the project construction is $843,138.82 with
$381,810 of that being federal surface transportation funding and the remainder will be accounted
for in the Cities 21-22 Budget for Major Streets (~$300K / 202-92002) and Water (~$250K / 591-
92002) funds.
Work on this portion of Peck Street is planned to commence after the 4th of July and continue into
September, hence the budgeting for these projects will fall in next fiscal year.
Amount Requested: $ 0 Amount Budgeted: $ 0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Approve the attached contract and resolution and authorize the mayor and clerk to sign both.
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 __________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR ROADWAY RECONSTRUCTION WORK ALONG PECK
STREET FROM MERRILL AVENUE NORTH TO APPLE AVENUE, INCLUDING
HOT MIX ASPHALT SURFACING, CONCRETE CURB AND GUTTER, WATER
MAIN AND PERMANENT PAVEMENT MARKING WORK.
Moved by Commissioner ________________ and supported by Commissioner
______________ the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 20-5553 between the
Michigan Department of Transportation and the City of Muskegon for the
Reconstruction of Peck Street between Merrill Avenue and Apple Avenue within
the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 20-5553 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 9TH day of March, 2021.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
DECEMBER 10, 2019. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
2/8/2021 1:16 PM
AASHTOWare Project™ Version 4.4 Revision 034
Tabulation of Bids Report v1
Call Number: 020 Contract ID: 61000-205371 Project(s): 21A0187
Letting Date: February 05, 2021 Region(s): Muskegon TSC Counties: Muskegon County
Contract Time: 10/01/21 COMPLETION DATE
Contract Description: 0.24 mi of hot mix asphalt reconstruction, concrete curb, gutter, sidewalk and ramps, storm sewer, watermain and
pavement markings on Peck Street from Merrill Avenue northerly to Apple Avenue (M-46) in the city of Muskegon,
Muskegon County. This is a Local Agency project. ** 890 Ea or 890 K or Comb/Jt. 890 Cb, J **In addition to the
above minimum prequalification requirement for prime contractors this project includes subclassifications of Cb, Ea, J
and K. If the prime contractor is not prequalified in those subclassifications it must use prequalified subcontractors.
Those subcontractors must be designated prior to award of the contract to the confirmed low bidder.
List of Vendors
Rank Vendor ID/Name Total Bid Percent Of Low Bid Percent Of Estimate
0 -EST- - Engineer's Estimate $890,058.05 105.56% 100.00%
1 05076 - McCormick Sand, Inc. $843,138.82 100.00% 94.73%
2 01272 - Wadel Stabilization, Inc. $857,484.60 101.70% 96.34%
3 00152 - Kamminga & Roodvoets, Inc. $878,449.55 104.19% 98.70%
4 02123 - Brenner Excavating, Inc. $878,699.36 104.22% 98.72%
5 06627 - Jackson-Merkey Contractors, Inc. $974,673.35 115.60% 109.51%
6 02499 - Schippers Excavating, Inc. $979,467.90 116.17% 110.05%
7 03665 - Al's Excavating, Inc. $1,041,929.90 123.58% 117.06%
Page: 1 of 44
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 9th, 2021 Title: Emergency Vactor Repair
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking authorization to repair the sewer vactor truck.
Detailed Summary:
The sewer vactor is in need of substantial repairs above the normal authorization limits. Staff
approved the repairs in accordance with the purchasing policy emergency guidelines to minimize
the down time for this critical piece of equipment and is requesting permission after the fact.
In accordance with the purchasing policy staff solicited three bids for this work and is recommending
award of the work to the low bidder St. John Truck and Trailer in the amount of $24,680.50. Bids
were received as follows:
• St Johns Truck and Trailer - $24,680.50
• Jack Doheny Company - $36,982.86
• AIS Equipment – Declined to Bid
Amount Requested: $24,680.50 Amount Budgeted: $24,680.50
Fund(s) or Account(s): 661 Fund(s) or Account(s): 661
Recommended Motion:
Authorize staff to approve the repairs to the sewer vactor at St Johns Truck and Trailer in the
amount of $24,680.50
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: 3/9/2021 Title: Street Sweeping Contract Extension
Submitted By: Doug Sayles Department: Public Works
Brief Summary:
To exercise the option for a 1-year contractual extension as outlined in the previous 3-year contract
with TRI-US SERVICES, INC., to provide Street Sweeping Services for 2021.
Detailed Summary:
The Department of Public Works is requesting permission to enter into a 1-year contractual
extension agreement with TRI-US SERVICES, INC., which is provided for in the 2018-2020 Street
Sweeping Contract. TRI-US SERVICES has held their previous 3-year contract price of
$269,349.00 for 2021.
Amount Requested: $269,349.00 Amount Budgeted: $269,349.00
Fund(s) or Account(s): 101-60523/204-60440 Fund(s) or Account(s): 101-60523/204-60440
Recommended Motion: Authorize staff to enter into a Contractual Street Sweeping Agreement
with TRI-US SERVICES, 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:
To: Honorable Mayor and City Commission
From: DPW Staff
Date: 3/9/2021
Re: Street Sweeping Extension-2021
The DPW Staff is requesting permission to exercise its contractual option (per the
2018-2020 contract) to enter into 1-year contractual agreement with TRI-US
SERVICES, INC, to provide street sweeping services for 2021.
TRI-US SERVICES, INC., 78 Ball Creek NW, Kent City. Mi has been our sole
street sweeping contractor from 1997 to present. During the course of those years
they have provided excellent service to our community and its residents. They also
have been the low bidder in each of the 6 previous bids (1997-99, 2002-4, 2006-8,
2010-12, 2014-16 and 2018-2020). They have either held their price or added a
slight increase each time an extension (2000/2001/2005/2009/2013,2017) has been
approved.
1997 thru 1999 contract 3 year totals
TRI-US SERVICES, INC. bid $104,130.76 x 3 years $312,392.28
SANI-SWEEP, INC. bid $123,867.76 x 3 years $371,603.28
2002 thru 2004 contract 3 year totals
TRI-US SERVICES, INC. bid $113,662.24 x 3 years $340,986.72
SANI-SWEEP, INC. bid $156,879.56 x 3 years $470,638.68
2006 thru 2008 contract 3 year totals
TRI-US SERVICES, INC. bid $148,981.60 x 3 years $446,944.80
SANI-SWEEP, INC. bid $203,602.40 x 3 years $610,807.20
2010 thru 2012 contract 3 year totals
TRI-US SERVICES, INC. bid $139,700.50 x 3 years $419,101.50
SANI-SWEEP, INC. bid $190,057.60 x 3 years $570,172.80
2014 thru 2016 contract 3 year totals
TRI-US SERVICES, INC. bid $202,135.50 x 3 years $606,406.50
SANI-SWEEP, INC. bid $330,009.60 x 3 years $990,028.80
1
2018 thru 2020 contract 3 year totals
TRI-US SERVICES, INC. bid $269,349.00 x 3 years $808,047.00
NO OTHER BIDS RECEIVED
TRI-US SERVICES, INC. 1 year totals
2000 contract extension $104,130.76 x 1 year-(held price) $104.130.76
2001 contract extension $107,775.33 x 1 year-(3.5% fuel surcharge) $107,775.33
2005 contract extension $137,866.40 x 1 year-(fuel/operating costs) $137,866.40
2009 contract extension $148,981.60 x 1 year-(held price) $148, 981.60
2013 contract extension $139,700.50 x 1 year-(held price) $139, 700.50
2017 contract extension $202,235.50 x 1 year-(held price) $202, 135.50
At this time staff is proposing to enter into a 1 year contract extension with TRI-US
SERVICES, INC and they have submitted the following proposal:
2020 contract extension ----City of Muskegon Roadways------------ $251,034.50
State of Michigan (MDOT) Roadways--$ 18,315.00
TOTAL $269,349.00
TRI-US SERVICES, INC. has held their 2018-2020 contract price of $269,349.00
for the proposed 2021 contract extension. They continue to provide us with excellent
customer service and meet all of our special request needs with little or no prior
notice. They will continue to sweep the city roadways 4 times during the period
from April 1st to October 15th, 2021 as stipulated in the previous 2018-2020 contract.
Therefore, at this time, staff is recommending to the Commission to approve the
request to enter into agreement with TRI-US SERVICES, INC.
2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3/9/2021 Title: Lakeside Corridor Improvement
Authority Resolution
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The Lakeside BID Board has petitioned the City to allow for the creation of a
Corridor Improvement Authority and corresponding Tax Increment Financing Plan. A public
hearing to take comments concerning the creation of the Authority and its boundaries has taken
place, allowing for the creation of the Corridor Improvement Authority by the City Commission
through adopting the attached ordinance.
Detailed Summary:
The Lakeside Business Improvement District Board has requested a Corridor Improvement
Authority to generate TIF revenues and eventually phase out their Business Improvement District
special assessment. On October 27th the City Commission held a required public hearing to review
submitted comments on the establishment of the Authority and it’s boundaries. Per Public Act 280
of 2005, not less than 60 days must pass after the public hearing in order for taxing authorities to
be notified and give any feedback on the creation of the CIA. This has taken place, and now the
Commission may establish the Lakeside Corridor Improvement Authority by adoption of the
provided resolution. The next steps will involve appointing the current Lakeside BID Board as the
CIA Board members after the resolution has been adopted and sent to the Michigan Secretary of
State. Once appointed, the CIA Board can adopt and submit a Tax Increment Financing Plan to
the state and begin TIF capture.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to adopt the resolution establishing the Lakeside Corridor
Improvement Authority as presented, and to direct staff to submit the adopted resolution to the
Michigan Secretary of State.
For City Clerk Use Only:
Commission Action:
Resolution _________
Resolution to Establish a Corridor Improvement Authority in the
Lakeside District and to Define the Boundaries of the Authority
Whereas; The City of Muskegon has complied with the noticing and hearing requirements
provided in Public Act 57 of 2018, Part 6, titled “The Corridor Improvement Authority Act”
and;
Whereas; The State of Michigan allows for Corridor Improvement Authority formation,
pursuant to Public Act 57 of 2018, “Recodified Tax Increment Financing Act” in key business
corridors outside of traditional downtowns that:
- Are adjacent to or are within 500 feet of a road classified as an arterial or collector
according to the Federal Highway Administration manual "Highway Functional
Classification - Concepts, Criteria and Procedures"
- Contain at least 10 contiguous parcels or at least 5 contiguous acres
- More than 1/2 of the existing ground floor square footage in the development area is
classified as commercial real property under section 34c of the general property tax act,
1893 PA 206, MCL 211.34c
- Residential use, commercial use, or industrial use has been allowed and conducted under
the zoning ordinance or conducted in the entire development area, for the immediately
preceding 30 years
- Are presently served by municipal water or sewer
- Are zoned to allow for mixed use that includes high-density residential use, and;
Whereas; the district boundaries as presented in Exhibit A comply with the required provisions
stated above, and;
Whereas; The City has made substantial improvements to the streetscape, lighting, and
landscaping in the corridor that improves the aesthetic and accessibility of the business district
that will require significant ongoing maintenance, and;
Whereas; The Lakeside Business Improvement District Board has requested the establishment
of a TIF district for the purposes of funding maintenance and marketing of their district;
Now, Therefore be it Resolved; that the City Commission of the City of Muskegon hereby
establishes the Lakeside Corridor Improvement Authority pursuant to Public Act 57, Section 6
and provides the Authority with all rights and functions therein within the geographic boundary
and description attached as Exhibit A.
EXHIBIT A
DISTRICT MAP AND DESCRIPTION
DISTRICT BOUNDARY DESCRIPTION: ALL PARCELS ABUTTING OR ACCESSED
BY LAKESHORE DRIVE ORIGINATING AT CLIFFORD STREET AND CONTINUING
EASTWARD TO ROBINSON STREET LOCATED IN THE CITY OF MUSKEGON
REVISED PLAT OF 1903.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3/9/2021 Title: Port City Industrial Park Expansion
RFP
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The site preparation work at the former Shoreline Correctional Facility is complete,
and though we still await the outcome of a recent EDA grant application for some utility capacity
improvements the time is right to seek submissions for potential end-users and/or builders. The
attached RFP seeks one or more developers to partner with the city by developing the 63 acre site.
Detailed Summary:
Over the past year, the Economic Development department has submitted the site for
consideration in 5 confidential MEDC RFI’s, all of which were either national or North America
wide. We did achieve third in a statewide agribusiness attraction project as well. However, one “big
fish” end-user attraction is fairly rare and highly competitive, and now that we have seen a slow
down in these types of requests from MEDC during the pandemic the department would like to try
casting a wider net for potential development. The site should garner significant interest, and this
document contains the necessary details for manufacturers and builders to submit potential
construction projects. The RFP is authored to accommodate multiple potential users, considering
the size of the development area. This RFP would be pushed my press release, social media,
trade publications/professional associations, and by working with our county Economic
Development partner GMED.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to endorse the Request for Proposals for the Port City Industrial
Park Expansion as presented.
For City Clerk Use Only:
Commission Action:
Request for Proposals
City of Muskegon, Michigan
2500 S. Sheridan – 63 Acre Industrial Opportunity
Publication Date:
Submittal Due Date:
All Submittals to:
City of Muskegon, attn. Jake Eckholm, Director of Economic Development
933 Terrace Street, Muskegon MI 49440
TABLE OF CONTENTS
I. INTRODUCTION 3
II. DEVELOPMENT OPPORTUNITY OVERVIEW 4
- Site Description
- Zoning and Development Standards
- Redevelopment Objectives
- Specific Areas of Interest
III. DESIRED DEVELOPER QUALIFICATIONS 5
IV. SUBMISSION FORMAT AND CONTENTS 6
V. EVALUATION CRITERIA 7
VI. RESPONSE DEADLINE 7
VII. INQUIRIES 8
VIII. SELECTION PROCEDURE AND TIMELINE 8
IX. EXHIBITS 9
2
I. INTRODUCTION
The City of Muskegon is seeking developers and end-users with experience and capability in
implementing quality industrial, office, or warehousing facilities. The City’s objective is to
negotiate and enter into an agreement with the selected developer(s) to construct and operate
one or more business uses at the city-owned property located at 2500 S. Sheridan Road, which is
located in the Port City Industrial Park. The site total is 63 +/- acres in size, and respondents to
this Request for Proposals may propose developments ranging from 5 acres to 63 acres in land
use. The ideal proposal will create new jobs, tax base, and public good in the city limits of
Muskegon, and bring the potential for future growth for the community.
The objective of this RFP is to determine the level of interest and number of qualified available
developers for the concept identified above. Responses to this RFP should provide general ideas
and strategies for the development of the site including resumes and relevant qualifications for
the development team. The City will review qualification packages to select experienced and
qualified developers to advance to the final selection process which may include a more detailed
proposal leading to the selection of a preferred developer(s), and the eventual disposition of the
development site through sale or lease under mutually beneficial financial terms. The City will
look favorably on respondents that possess the capacity and interest to carry their development
from concept to implementation, including design/build capability, site concepts, access to
capital, and site management strategy. The City of Muskegon is open to spec industrial/office
building space at this site.
The City of Muskegon has experienced significant growth and development in all sectors,
including its industrial corridors. The selected development team will successfully demonstrate
how their concept will bring new and valuable offerings to this environment and what benefit
their development will bring to the further redevelopment of the Muskegon community. The City
will favorably review developments which satisfy the stated Areas of Interest, which are listed in
detail in the following section.
Depending on the number and quality of responses received, the City reserves the right to
request additional information from some or all respondents, or to issue additional requests to
advance the review process. This process does not obligate the City of Muskegon or any of its
agents, assigns, or employees to select or negotiate with any development team or to accept
offers which the City, in its sole judgment, determines not to be in the best interest of the City
and its residents. The city may offer to enter agreements with multiple developers in the
development area, depending on the size of proposed projects. Thank you for your interest in
this exciting development opportunity.
3
II. OVERVIEW OF DEVELOPMENT OPPORTUNITY
A. Site Description
The site is located in the southeastern corner of the Port City Industrial Park, primarily accessed
from Laketon Avenue or Sherman Boulevard in the City of Muskegon. The site is located 1.5 miles
from entrance ramps to U.S. 31, and 4 miles from Interstate 96. Additionally, the site is 6 miles
from deep water port and rail transit. The site is conveniently located in a secluded area on the
dead-end of Olthoff Drive in the industrial park, making it ideal for both industrial and
office/warehousing uses. Site photos and overhead are attached in the Exhibits.
The site was formerly a corrections facility operated by the State of Michigan, and the City
acquired the site for reuse in early 2019. Since that time, the City of Muskegon has utilized
available state grant dollars to remove all structures, hard surfaces, and defunct in-ground
infrastructure to create a truly “Greenfield” site that is ideal for redevelopment. The city retains
additional state grant funds that can be committed to infrastructure improvements for the
development, such as additional load capacity or improved access. There is also a sizeable pile of
aggregate that can be contributed to the project as base for a pad or parking.
There is ample existing utility access to serve most any manner of industrial or commercial use
available at the entrance to the site. A public utility map is included in the exhibits. The city has
conducted preliminary environmental assessments which are also attached in the exhibits. In
short, the site is clean, high and dry, and awaiting investment. Tours of the site are available by
request by emailing the point of contact listed in this Request for Proposals.
B. Zoning & Development Standards
The development site is within the City’s Industrial zoning district. This zoning designation allows
for all forms of manufacturing and production either as a use by right or with a Special Use Permit.
The following are generally appropriate form elements and uses in this district:
- Pre-engineered steel construction/clear span production buildings
- Medium to large building footprint
- Large parking facilities
- Trucking parking and docking amenities
- Active-use office construction
- Warehousing/logistics operations
- “Heavy” industry such as foundry or press facilities
C. Redevelopment Objectives
4
This RFP seeks and favors an industrial/commercial end user or creative developer of
industrial/commercial building projects to construct a development that meets the following
goals and objectives. The City’s desired outcome for the site is one or more installations that will
serve as a further catalyst for gains in the production market share for the Muskegon area. The
successful development proposal will incorporate forward-thinking approaches to production
space, site layout, and shipping logistics to ensure that the available space is maximized for future
growth. The City envisions a final product that results in a large expansion to the Port City
Industrial Park, and as such the development should:
- Create living wage jobs (living wage here is defined as an aggregate average of $14.49/hr
wages for all non-supervisory employees).
- Create a substantial gain in real property tax value within the city limits through new
construction.
- Create particular opportunity for city residents to attain employment.
- Create substantial positive economic impact for the City’s service economy by increasing
the industrial/commercial utilization in the Port City Industrial Park.
- Interact well with existing commercial/industrial/institutional users.
D. Specific Areas of Interest
The City is specifically interested in a developments that will complement the existing sectors
featured in the regional economy. These include the automotive, aerospace, plastics/molding,
office/institutional furniture, food processing/agribusiness, and alternative energy sectors of
production. The region also features significant warehousing and logistics enterprise, and a large
portfolio of corporate office workspaces. The market demand for this type of development has
been articulated by continued upward pressure on production demand and strong recovery in
the local industrial market despite the challenges posed by the COVID-19 pandemic and its
related economic fallout. The Development Area is capable of accommodating one or more end
users that fall into these Areas of Interest.
Additionally, the City is also interested in expanding its offerings in the market for incubating local
manufacturing and industry. The community has limited available small to midsize production
space available, and as such has commonly seen businesses leave the city limits upon achieving
a certain level of growth. This location is an ideal option for speculative build and hold industrial
building stock, as long as such a concept also fulfills the other stated goals in this RFP, including
capacity for job creation and new tax base for the community.
III. DESIRED DEVELOPER QUALIFICATIONS
The City is seeking responses from developers who are interested in undertaking one or more of
the development concepts described in this RFP. In this context, the terms “Developer” and
“Developer Qualifications” apply to the development entity itself and the proposer’s professional
5
team assembled to execute and manage the project. It is the City’s expectation that the site be
repurposed and developed into an addition to the Port City Industrial Park with active uses onsite.
Although we reserve the right to select a development group with less experience, or non-
traditional experience, the City is seeking a developer and supporting professional team that
possesses a strong combination of the following qualifications and experience:
- Experience developing, managing, and/or operating a business function consistent with
the required uses in this RFP.
- Experience in new-build construction of large scale office/production space.
- Experience operating and managing a business in a diverse community.
- Experience working with municipal government in business, community events, or other
public/private collaborative ventures.
- Clearly defined qualifications regarding experience in the field of the development
proposed (i.e., if a manufacturing end-user then please include a detailed description of
current business operations)
- Ability to successfully navigate the concept-to-production development process for the
proposed use.
IV. SUBMISSION FORMAT AND CONTENTS
Submittals must include one (1) original of the response, two (2) unbound hard copies and one
(1) electronic copy (PDF) of the response. Every effort should be made to make proposals as
concise as possible. Submissions must address the following sections in order to be considered
complete and ensure consideration.
Section I – Qualifications and Experience - Cover Letter
RFP responses should include a cover letter providing an introduction to the company and
resumes of the respondent’s professional team and the firm’s areas of expertise. The letter
should clearly show how the development team meets the minimum qualifications as outlined
in SECTION III of the RFP.
Section II – Proposed Development Vision and Program
Responses should describe the overall vision and a recommended development program to bring
the concept to fruition. This section should include introductory plans regarding design, scope,
buildout, potential end-use, potential job creation, buildout valuation, and other relevant details
6
related to the proposed development. This section should also illustrate the desired timeline
requested by the developer to implement the proposed project.
Section III – Conceptual Financial Structure/ Financial Stability
Provide a conceptual financial structure, including private sources of funding and a proposed
structure for providing compensation for the City owned real estate (e.g., real property purchase,
ground lease, other proposed site control agreement etc.) The City has significant flexibility with
respect to disposition options and methods for compensation and as a result encourages and
welcomes financial proposals which maximize the value of the resulting developments and their
positive economic and community impacts to the industrial corridor. Justification for the use of
public fund contributions such as tax abatements and proposed repayment mechanisms should
be provided if public financing/incentives is included as part of the proposal.
Provide evidence of the developer’s financial capability to undertake the project. Evidence should
cover the last (5) years. If your proposal is being submitted by a partnership of two or more
entities, provide evidence for each firm or individual that would be a part to the project. Suitable
documentation includes audited or reviewed financial statements, partnership or corporation
tax returns, bank or financial institution commitments, or other verifiable information
demonstrating financial stability necessary to support a project of this scope. Submission of this
RFP provides consent to the City or its assigns to confirm the information provided in response
to this question.
All respondents will be required to allow the City to inspect and examine their company
operating information and financial statements during the selection process. Each firm shall
submit its legal firm name or names, headquarters address, local office addresses, state of
incorporation, and key firm contact names.
V. EVALUATION CRITERIA
The City of Muskegon supports the further creation of a vibrant and successfully addition to our
main industrial district to complement current existing enterprises. Accordingly, City staff will
evaluate responses based on the criteria stated within this document. Given the scale of the
anticipated development, developer qualifications and experience will be assigned the greatest
value including but not limited to the following;
- Anticipated Living-Wage job creation
- Projected new taxable value added to the community
- Developer qualifications and experience (as identified in Section of this RFQ)
- Viability of concepts in proposed development vision and program (as identified in
Section IV of this RFQ)
7
- Conceptual financial structure (as identified in Section IV of this RFQ)
- Financial history/stability (as identified in Section IV of this RFQ)
- Ability to attract a diverse employment base representative of all members of the
Muskegon community.
VI. RESPONSE DEADLINE
Responses to this Request for Proposals must be submitted (one original, two unbound copies,
and one electronic copy) by no later than 5:00pm on April 30th, 2021. Responses received after
this date and time will not be considered, though the City reserves the right to renew or extend
the submission deadline. Please address responses to:
City of Muskegon
Attention: Jake Eckholm
Director of Economic Development
933 Terrace Street
Muskegon, MI 49440
Jake.Eckholm@shorelinecity.com
VII. INQUIRIES
Any inquiries regarding this Request for Proposals or the desired project generally must be
submitted in writing via email. All such written inquiries must be submitted by 5:00pm on April
28th, no further inquiries will be accepted after this date and time. Inquiries should be submitted
to:
Jake Eckholm
Economic Development Director
City of Muskegon, Michigan
Jake.Eckholm@shorelinecity.com
VIII. SELECTION PROCEDURE AND TIMELINE
After the submission deadline, responses to this RFP will be reviewed by a committee of city
Economic Development staff. Those shortlisted for further consideration will be invited to answer
any requests for additional information or clarification of their submittal. A preferred developer
will then be selected and recommended to the City Commission. Pending approval, all
respondents will be notified of the outcome of the selection process. From this point the
preferred developer will be asked to enter negotiations for more specific terms and obligations
on behalf of both parties, the developer and the City. Upon successfully completion of these
8
terms, the City and the developer will enter into a binding Development Agreement following
final review and approval by the City Commission of the City of Muskegon.
The following is a preliminary schedule and general timeframe for the RFP response and selection
process. Any and all of these dates are subject to change at the discretion of the City.
3/15/2021: RFP Issued
4/28/2021: Inquiries on RFP due by 5:00pm
4/30/2021: Responses to RFP due by 5:00pm
5/10/2021: Preferred Developer(s) recommended to City Commission
5/11/2021: Negotiations between Preferred Developer(s) and the City
6/23/2021: Development Agreement(s) presented to City Commission for final approval
9
IX. EXHIBITS
A. Full Parcel Overhead (Site bordered in RED, all structures removed)
10
B. Current Site Condition Photos
11
C. Existing Utility Capacity Map
12
D. Environmental Assessments and Other Documents
13
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3/9/2021 Title: Acquisition of 1259 Sanford from
Muskegon County Landbank
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: Now that we have finalized the funding sources and passed HUD’s administrative
review for the EACH program, we are ready to construct owner occupied homes for low-mod
families. We own two of the three lots for the development, and must acquire this last lot from the
Muskegon County Land Bank in order to execute the development agreement and being
construction.
Detailed Summary:
The City’s development of owner-occupied home construction in partnership with Community
enCompass has cleared administrative review by HUD, and we are ready to order homes and
commence construction. Now that the development is assured, we need to acquire the only lot not
currently under site control by the city to ensure that we can utilize the Brownfield TIF. Tim
Burgess with the County Land Bank is very supportive of the program and our application is
pending per Commission approval. The offered price on the lot we are recommending is one dollar
at this time, though it is up to the County Treasurer to accept the price and this is not guaranteed.
Amount Requested: $1 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: A motion to approve the acquisition of 1259 Sanford from the Muskegon
County Land for the development of a single family home, pending Land Bank approval.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 8, 2021 Title: Marina Parking Ordinance / Increase
Launch Ramp Fines
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Amending current Marina Parking ordinances 92-74 (1)(a) include parking
restrictions and enforcements for marina parking.
Adding (1a) no parking on grass/unimproved area in city parking launch ramp area and fines that
go along with that addition.
Detailed Summary: See attached amended ordinance and amended Marina parking fees
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approval to amend Parking Ordinance 92-74 (1)a and fines associated
with this ordinance.
Check if the following Departments need to approve the item first:
Police Dept. ☐
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF MUSKEGON
AND MUSKEGON CENTRAL DISPATCH
This Amendment (“Amendment”) is made effective on January 1, 2021 (“Effective
Date”) by and between the City of Muskegon, a Michigan municipal corporation, with offices
located at 933 Terrace Street, Muskegon, Michigan 49440 (“Landlord”), and Muskegon Central
Dispatch, a Michigan non-profit corporation, with offices located at 770 Terrace Street,
Muskegon, Michigan 49442 (“Tenant”). Landlord and Tenant, may each be referred to as a
“Party” or collectively as “Parties”.
Background
A. Landlord and Tenant entered into a Lease effective on October 10, 2006 for a
portion of the West Western Avenue Fire Station located at 770 Terrace Street,
Muskegon, Michigan. More specifically, Tenant leased approximately Two
Thousand Three Hundred Fifty-Four (2,354) square feet of office space, plus
shared space.
B. Tenant’s current rental payment is 17.6% of the debt service from the City of
Muskegon 2006 Public Improvement Bonds attributable to the Western Avenue
Fire Station (The City of Muskegon 2006 Public Improvement Bond is
$5,400,000, of which $3,696,970 is attributable to the Western Avenue Fire
Station.) plus 17.6% of the operation and maintenance expenses of the Western
Avenue Fire Station.
C. Tenant now desires to increase the amount of space in the existing West Western
Avenue Fire Station, which will increase the rental payment based upon the City
of Muskegon 2006 Public Improvement Bond.
D. Landlord has agreed to construct an addition to the West Western Avenue Fire
Station and lease the entire addition to Tenant.
E. Landlord will pay for improvements needed by Tenant to the existing West
Western Avenue Fire Station and a to be constructed building from the proceeds
of a yet to be issued City of Muskegon 2020 Capital Improvement Bond in a not
to exceed amount of $11.1 million, of which approximately $329,710 shall be
used for the West Western Avenue Fire Station improvement and addition for the
use of Tenant.
Therefore, for good and valuable consideration, and the mutual promises contained
in this Amendment, the Parties agree to amend the Lease as follows:
1. Description of Leased Premises. Paragraph 1 shall be revised to read as follows:
Lease of Premises. Landlord leases to Tenant, and Tenant rents from Landlord,
approximately 6,982 square feet of office space, of which 4,582 square feet was
leased pursuant to the original lease and an additional 2,400 square feet are added
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Page 1
as part of this First Amendment plus shared space, in the existing West Western
Avenue Fire Station (“Revised Premises”), together with all improvements
located thereon, subject to all the terms and conditions of this lease. The Premises
is specifically depicted on the site plan attached as Exhibit A.
a. Shared Facilities. Landlord and Tenant shall have shared use of
those facilities identified on Exhibit A.
b. Parking. Landlord shall designate four parking spaces at the
Property for exclusive use by Tenant.
2. Term. Paragraph 2 shall be revised as follows:
Initial Term. The term of this First Amendment shall commence on
January 1, 2021 shall continue until December 31, 2045, unless sooner
terminated according to the terms of this lease.
Option to Renew. Tenant shall have the option to renew the term of the
lease for five (5) successive periods of five (5) years each. Tenant must
exercise its option to renew by written notice to Landlord at least 90 days
before expiration of the then existing term. The rental rate during any such
renewal shall be mutually agreed to and if no agreement is made, the lease
shall terminate after a one-year written notice provided by either party.
3. Rental Amount. Paragraph 5 shall be revised as follows:
Rental. Tenant shall pay to Landlord an annual rental amount from the
effective date of this Lease Amendment through December 31, 2033 as
follows:
a. Tenant shall pay 20.24% of the debt service from the City of
Muskegon 2006 Public Improvement Bonds attributable to the
Western Avenue Fire Station. (The City of Muskegon 2006 Public
Improvement Bond is $5,400,000, of which $3,696,970 is
attributable to the Western Avenue Fire Station), as provided
shown on Exhibit B;
b. Tenant shall pay 100% of the debt service from the City of
Muskegon 2020 Capital Improvement Bond attributable to
improvements and additions of the Fire Station for the use of
Tenant, as provided on Exhibit B; and
c. Tenant shall pay for a portion of the operation and maintenance
expenses (“CAM”) of the Western Avenue Fire Station, as
provided on Exhibit B.
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From January 1, 2034 through December 31, 2045, Tenant shall pay an annual
rental amount as follows:
a. Tenant shall pay an annual amount as indicated on Exhibit B; and
b. Tenant shall pay for a portion of the operation and maintenance
expenses (“CAM”) of the Western Avenue Fire Station, as
provided on Exhibit B.
Such payments shall be made in equal monthly installments, in advance, without any
setoff or deductions, on or before the first day of each month during the term of this
lease. The rent shall be payable at the address for Landlord listed above.
4. Repairs and Maintenance. Paragraph 8 shall be revised as follows:
Repairs and Maintenance. Landlord shall maintain in good condition and repair
and shall make any necessary capital replacements of the electrical wiring system,
and the roof and structural walls, to the extent necessary to preserve Tenant’s
intended use and enjoyment, with such cost being already included in the CAM
portion of Exhibit B. Landlord shall maintain in good condition and repair and
shall make necessary capital replacements of the boiler(s) and all common
elements, with the cost being split 80% to be paid by Landlord and 20% to be
paid by Tenant, with Landlord billing separately for such expenses. Any expense
related to the heating or air condition system, including the control vents, or any
specialty systems, i.e., in order to cool computer rooms, to cool server rooms, to
heat or cool space used exclusive by the Landlord or Tenant, shall be the
obligation of the entity using the space. Landlord shall be responsible for all
snow plowing and landscaping at the Property. Repairs or replacements
necessitated by the negligent acts of the Tenant shall be made at the expense of
the Tenant. Tenant shall keep and maintain the Premises in good and sanitary
order and condition, and will deliver the same to Landlord at the expiration of the
Term in as good a condition as when received, except for reasonable use and wear
thereof.
5. Utilities; Janitorial. Paragraph 10 shall be revised as follows:
Utilities; Janitorial. Landlord shall provide gas (heat), electric, water and sewer
utilities for the entire Property during the term of the lease, and Tenant shall pay
as additional monthly rent its 20.24% of the utility expenses. Tenant shall be
responsible for providing janitorial for the space it rents in the building and
Landlord shall be responsible for providing janitorial service for the remainder of
the building. Landlord shall provide garbage service for the building. Each party
shall be responsible for its own telephone service.
6. Condition of Premises. Paragraph 11 shall be revised as follows:
Condition of Premises. Except as Landlord and Tenant may otherwise agree in
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Page 3
writing, Tenant’s entry into possession shall constitute conclusive evidence that
Tenant accepts the Premises "as is," in its existing condition. No representation,
statement or warranty, express or implied, has been made by or on behalf of
Landlord as to such condition, or as to the use that may be made of the Premises.
In no event shall Landlord be liable to Tenant for any defect in the Premises, or
for limitations on its use. No representation or warranty of habitability, express or
implied, has been made by or on behalf of Landlord to Tenant.
At the termination of this lease, Tenant shall return the Premises and all
equipment, appliances and fixtures in as good a condition as when Tenant took
possession, ordinary wear and tear excepted, and upon Tenant’s failure to do so,
Landlord may restore the Premises, including equipment, appliances and fixtures
to such condition and Tenant shall be responsible to pay the cost of said
restoration.
Notwithstanding any other provision, any furniture or fixtures purchased by
Tenant, especially those items purchased using “surcharge funds”, shall remain
the property of Tenant and shall not become property of the Landlord, upon
termination of the Lease.
7. Fire or Casualty; Condemnation. Paragraph 14 shall be revised as follows:
Fire or Casualty; Condemnation. In the event the Premises are totally
destroyed by fire, wind, or other causes beyond the control of the Landlord, or are
condemned or otherwise taken by authority of local, state or federal government,
then in any of these events the lease 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 Landlord except the extent the insurance covers Tenant’s
improvements. In the event there is a lose to property acquired by “surcharge
funds”, the insurance proceeds shall be used to replace the damaged property and
provided to Tenant. If the Premises are damaged by fire, rain, wind or other such
causes, so as to render the same partially untenable or partially unfit for use, but
are repairable within a reasonable time, then this lease shall remain in full force
and effect, but Tenant’s rent shall be proportionately reduced until the Premises
are repaired.
8. Risk of Loss. Paragraph 16 shall be revised as follows:
Risk of Loss. During the term of this lease, and any extension or renewal thereof,
the risk of loss, with respect to all risks insurable under a fire and extended
coverage insurance policy meeting the requirements of the laws of the State of
Michigan, together with the risk of loss with respect to all uninsurable losses to
the Premises which are subject to the control or prevention by Tenant, shall rest
upon Tenant. In the event there is a loss to property acquired by Tenant using
“surcharge funds”, the property shall remain owned by Tenant.
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Page 4
9. Tenant’s Default and Repossession. Paragraph 19 shall be revised as follows:
Tenant’s Default and Repossession. If the Premises shall be deserted or
vacated, or if there shall be a default in the payment of rent or any part thereof for
more than seven days after written notice of such default by the Landlord, or if
there shall be default in the performance of any other covenant, agreement,
condition, rule or regulation herein contained or incorporated herein by reference
for more than seven days after written notice of such default by the Landlord, this
lease (if the Landlord so elects) shall thereupon become null and void, and the
Landlord shall have the right to reenter or repossess the Premises, either by
summary proceedings, surrender, or otherwise, and dispossess and remove
therefrom the Tenant, or other occupants thereof, and their effects, without being
liable to any prosecution therefor. In such case, the Landlord may, at its option,
re-let the Premises or any part thereof, as the agent of the Tenant, and the Tenant
shall pay the Landlord the difference between the rent reserved and agreed to be
paid by the Tenant for the portion of the term remaining at the time of reentry or
repossession and the amount, if any, received or to be received under such re-
letting for such portion of the term. Tenant agrees to pay all expenses and
damages incurred by Landlord as a result of Tenant’s default, including
Landlord’s reasonable attorney fees.
In the event that Landlord is required to commence eviction proceedings or
proceedings to otherwise enforce collection of rents or enforce and protect the
rights of Landlord hereunder, Tenant shall be responsible to pay Landlord’s costs,
expenses and fees, including reasonable actual attorney fees, which shall be
incurred by Landlord as a result of such proceedings. In case any such suit is
settled before judgment is entered therein, such costs, expenses and fees,
including reasonable actual attorney fees, shall nevertheless be recoverable by
Landlord as part of said settlement.
If Tenant shall fail to perform any of its obligations hereunder, Landlord may, if it
so elects, and after five days' prior notice to Tenant, cure such default at Tenant’s
expense, and Tenant agrees to reimburse Landlord (as additional rent) for all costs
and expenses incurred as a result thereof upon demand.
In the event of a Default and Repossession, if Landlord sells any of Tenant’s
property which has been acquired by Tenant using “surcharge funds”, the money
shall be turned over to the County of Muskegon and deposited in to the Muskegon
County “Surcharge Fund”.
10. Holding Over. Paragraph 23 shall be revised as follows:
Holding Over. It is agreed that any holding over by the Tenant upon expiration
of the term of this lease or any renewal or extension hereof, shall operate as an
extension of this lease from month to month only and Tenant shall be obligated to
pay rent at the annual rate provided for in Exhibit B for 2045 times 1.05.
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Page 5
11. No other Modification. Except as expressly modified by the terms of this First
Amendment, the Lease between the City of Muskegon and Muskegon Central
Dispatch shall remain in full force and effect. In the event of any inconsistency or
conflict between the City of Muskegon and Muskegon Central Dispatch, the
provisions of this First Amendment shall control.
LANDLORD: CITY OF MUSKEGON
By_____________________________________
Stephen Gawron, Mayor
Date: __________________
_______________________________________
Ann Marie Meisch, City Clerk
Date: __________________
TENANT: MUSKEGON CENTRAL
DISPATCH
By: ___________________________________
Name: ______________________
Title: ______________________
Date: __________________
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Page 6
Here are the numbers based on changes:
Note that the yellow is debt service, the blue is rent (no debt) and the peach is Common Area
Maintenance.
LEASE 1 LEASE 2 CAM CHARGE TOTAL
2021 $ 61,894.93 $ 403,633.19 $ 15,180.00 $ 480,708.12
2022 $ 62,033.78 $ 387,341.25 $ 15,407.70 $ 464,782.73
2023 $ 60,080.42 $ 390,120.00 $ 15,638.82 $ 465,839.23
2024 $ 58,623.14 $ 387,640.00 $ 15,873.40 $ 462,136.53
2025 $ 59,677.84 $ 389,847.75 $ 16,111.50 $ 465,637.09
2026 $ 58,581.44 $ 391,612.00 $ 16,353.17 $ 466,546.61
2027 $ 56,777.25 $ 387,856.50 $ 16,598.47 $ 461,232.22
2028 $ 54,973.05 $ 388,496.00 $ 16,847.45 $ 460,316.50
2029 $ 53,168.86 $ 388,473.00 $ 17,100.16 $ 458,742.02
2030 $ 51,364.67 $ 387,906.75 $ 17,356.66 $ 456,628.08
2031 $ 49,560.27 $ - $ 17,617.01 $ 67,177.28
2032 $ 47,130.66 $ - $ 17,881.26 $ 65,011.93
2033 $ 45,299.55 $ - $ 18,149.48 $ 63,449.03
2034 $ 54,984.00 $ - $ 18,421.73 $ 73,405.73
2035 $ 56,083.68 $ - $ 18,698.05 $ 74,781.73
2036 $ 57,205.35 $ - $ 18,978.52 $ 76,183.88
2037 $ 58,349.46 $ - $ 19,263.20 $ 77,612.66
2038 $ 59,516.45 $ - $ 19,552.15 $ 79,068.60
2039 $ 60,706.78 $ - $ 19,845.43 $ 80,552.21
2040 $ 61,920.91 $ - $ 20,143.11 $ 82,064.03
2041 $ 63,159.33 $ - $ 20,445.26 $ 83,604.59
2042 $ 64,422.52 $ - $ 20,751.94 $ 85,174.46
2043 $ 65,710.97 $ - $ 21,063.22 $ 86,774.19
2044 $ 67,025.19 $ - $ 21,379.17 $ 88,404.35
2045 $ 68,365.69 $ - $ 21,699.85 $ 90,065.55
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 3/9/21 Title: Rezoning 685 Access Hwy
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 685 Access Hwy from I-1, Light Industrial to I-2,
General Industrial by Asphalt Paving, LLC.
Detailed Summary: The Planning Commission will meet for a special meeting on Thursday, March
4 to hold two public hearings for this proposed project. The first hearing will be a request to rezone
the property. The second hearing will be a request for a special use permit to operate an asphalt
plant in an I-2 district, contingent upon the successful rezoning of the property.
The company currently runs the asphalt company at 1000 E Sherman Blvd and is proposing to
move operations to 685 Access Hwy, which would free up the Sherman property for more
appropriate commercial uses.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to rezone the property at 685 Access Hwy from I-
1, Light Industrial to I-2, General Industrial
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Hearing, Case 2021-04: Request to rezone a portion of the property at 685 Access Hwy from I-1, Light Industrial
to I-2, General Industrial by Asphalt Paving, Inc.
SUMMARY
1. The currently vacant property is 20.5 acres and is accessed off of Getty St.
2. Most of the property is zoned I-1, Light Industrial. A portion of the property on the western edge is zoned
OSC, Open Space Conservation. The applicant is not proposing to rezone this portion of the property as
they do not intend to utilize it.
3. The applicant currently runs an asphalt plant at 1000 E Sherman Blvd (near the corner of Getty St) and
would like to move the operations to 685 Access Hwy.
4. Asphalt plants are allowed in I-2 districts with the issuance of a special use permit. Please see the zoning
ordinance excerpt on I-2 districts.
5. The northern end of Getty St is characterized by light to general industrial uses; including L3 (Muskegon
Township), aggregate storage, an auto parts/disabled vehicle yard and other small industrial shops.
6. Notice was sent to everyone within 300 feet of this property.
Aerial Map
Zoning Map
Aerial Map of Existing Location at 1000 E Sherman Blvd
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 685 Access Hwy from I-1, Light
Industrial to I-2, General Industrial
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 685 Access Hwy from I-1, Light
Industrial to I-2, General Industrial
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BL0CK 1 LOT 3 DESC AS: LOT 3 BLOCK 1 LYING
S OF US 31 ACCESS HIGHWAY ELY OF E LINE OF STATE HIGHWAY US 31 AND WLY OF A 100 FT RR ROW
RUNNING THROUGH BLOCK 1 EXC FOLLOWING 2 DESC PARCELS EXCEPTION 1 COM AT INT OF S LINE
ACCESS HIGHWAY AND E LINE SD BLK 1 (BEING C/L OF GETTY ST) FOR POB TH W ALG S LINE SD HIGHWAY
700 FT TH S AT RT ANG TO SD ACCESS HIGHWAY TO NWLY LINE OF 100 FT RR ROW TH NELY ALG SD RR
ROW TO E LINE OF SD BLK 1 TH NLY ALG E LINE SD BLK TO POB OF EXC 1 EXCEPTION 2 COM AT INT OF
C/L OF GETTY ST AND S LINE ACCESS HIGHWAY TH W ALG SD S LINE SD HIGHWAY 583.00 FT TH S AT RT
ANG TO SD HIGHWAY 100.00 FT TH W PAR TO SD HIGHWAY 117.00 FT FOR POB TH N AT RT ANG TO SD
HIGHWAY 99.15 FT TO S LINE SD ACCESS HIGHWAY TH WLY ALG ARC OF 11
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 685 Access Hwy from I-1 to I-2)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby
certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 9th day of March 2021, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2021 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 9, 2021, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 685 Access Hwy from I-1 to I-2:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BL0CK 1 LOT 3 DESC AS: LOT 3 BLOCK 1 LYING
S OF US 31 ACCESS HIGHWAY ELY OF E LINE OF STATE HIGHWAY US 31 AND WLY OF A 100 FT RR ROW
RUNNING THROUGH BLOCK 1 EXC FOLLOWING 2 DESC PARCELS EXCEPTION 1 COM AT INT OF S LINE
ACCESS HIGHWAY AND E LINE SD BLK 1 (BEING C/L OF GETTY ST) FOR POB TH W ALG S LINE SD HIGHWAY
700 FT TH S AT RT ANG TO SD ACCESS HIGHWAY TO NWLY LINE OF 100 FT RR ROW TH NELY ALG SD RR
ROW TO E LINE OF SD BLK 1 TH NLY ALG E LINE SD BLK TO POB OF EXC 1 EXCEPTION 2 COM AT INT OF
C/L OF GETTY ST AND S LINE ACCESS HIGHWAY TH W ALG SD S LINE SD HIGHWAY 583.00 FT TH S AT RT
ANG TO SD HIGHWAY 100.00 FT TH W PAR TO SD HIGHWAY 117.00 FT FOR POB TH N AT RT ANG TO SD
HIGHWAY 99.15 FT TO S LINE SD ACCESS HIGHWAY TH WLY ALG ARC OF 11
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall,
933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2021 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
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PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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