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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 24, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Introduction of New Farmers Market Manager City Clerk
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale – 248 Monroe Avenue Planning
C. Solid Waste Ordinance Amendment City Manager
D. Amity Avenue Bridge Removal Public Works
E. Ottawa Street Bridge Removal Public Works
F. H92102 Wood Street, Apple to Marquette – Milling and Resurfacing Public
Works
G. MDEGLE Grant Assistance Public Works
H. Beukema Playground Public Works
I. Reese Playground Public Works
J. DPW Vehicle Replacement Public Works/Equipment
K. Water Filtration Plant Fencing Public Works/Filtration
L. Approval of Abatement and Building Contractors – 769 Catawba Avenue
Community and Neighborhood Services
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M. Approval and Abatement and Building Contractors – 548 E Dale Avenue
Community and Neighborhood Services
N. Revision to Municipal Senior Millage Funding Allocations CNS
□ PUBLIC HEARINGS:
A. Revocation of IFT – 441 W. Western Avenue Planning
□ UNFINISHED BUSINESS:
A. Pedicab Ordinance City Clerk – TABLED FROM 8/10/21 TO 8/24/21
B. Request for Proposal Approval for YEP Community and
Neighborhood Services
*Commissioner Michael Ramsey has disclosed a Conflict of Interest on this
item as he is employed by Community enCompass. A conflict of interest
arises because Michael Ramsey is either in a decision-making position or in
a position to gain inside information and the conflict must be disclosed
when there is a financial benefit. Commissioner Ramsey will recuse himself
from voting on this item due to the state conflict. This item must receive six
affirmative votes to pass. The Conflict Statement was posted to the City of
Muskegon’s website (shorelinecity.com) and a link to the Conflict
Statement was posted to the City of Muskegon Government Facebook
page on August 17, 2021.
C. Motion to Remove Rezoning of 1128 Roberts Street from the Table City
Clerk
D. Rezoning of 1128 Roberts Street Planning
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
A. Gift Card Committee Update Development Services
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the August 9, 2021 Worksession and August 10, 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 WORKSESSION
Monday, August 9, 2021
5:30 p.m.
City Commission Chambers
933 Terrace Street, Muskegon MI 49440
Minutes
2021-73
Present: Mayor Gawron, Commissioners Rinsema-Sybenga, Emory, Johnson, Ramsey,
and German
Absent: Vice Mayor Hood
Utility Aid Proposal
Staff is seeking input on the proposal for utility aid. The Development Services
Department is proposing utility aid for low income residents under two different
proposals. One proposal is an Energy Saving Incentive Program, the second is a
Conservation Program. Discussion took place regarding the outlined proposals.
Sanitation Policy
Staff is seeking approval of the policy for establishing and reinforcing rules and
regulations related to sanitation. Staff has developed a policy to govern the collection
and disposal of residential refuse and ensure all neighborhoods within the city are
maintained in a clean, orderly condition at all times for the health, safety, and welfare of
the community.
Discussion took place regarding the proposed Sanitation Policy and the item will appear
on the agenda at the August 10, 2021 Regular City Commission meeting.
Firetruck Purchase
Staff is requesting the Fire Department be authorized to enter into a purchase contract
with Halt Fire of Wixom. E23 is a 2006 pumper with 128,758 miles and L41 is a 2006 75
foot aerial device with 100,074 miles. Buying two badly needed units gives us the ability
to save the City $45,000 with a dual apparatus purchase. Using the pre-payment option
provided by the manufacture, Pierce Manufacturing of Wisconsin, the City will save an
additional $22,583.00. E23 and L41 will still be used as back up Fire Trucks when
needed.
Discussion took place regarding this item, it will appear on the regular meeting agenda
on August 10, 2021.
ARP Funding – Housing
City Staff has developed a Request for Qualifications and a draft Development
Agreement for the ARP-funded portion of the in-fill housing program. Staff is seeking
approval to release the RFQ broadly and begin discussions with respondents, with a
goal of bringing development agreements to the City Commission for approval in
September. Staff is recommending that the City Commission allocate $5 Million from
ARP stimulus revenue to accelerate the City’s current infill housing program. Staff
intends to use these dollars to leverage an additional $5 Million in private investment by
requiring each qualified developer to invest half the cost of construction. The proposed
development agreement would include provisions to ensure affordability to buyers
below 120% of the AMI by providing a more-robust down payment assistance program
to income-qualified buyers. Note that the agreements specifically call out owner-
occupied homes because we have the PILOT Infill Program currently focusing on
rentals. Additionally, the agreements call out “single family” homes; this should be
clarified to Commissioners that single-family homes can be either detached from other
single-family homes or attached to other single-family homes (townhouses are an
example of this).
Discussion took place and this item will receive further consideration at the August 10,
2021 Regular City Commission meeting.
Michigan Municipal League – Designation of Voting Delegates
The City Commission needs to select an official and alternate to be in attendance at the
Michigan Municipal League Convention and to cast the vote of the municipality at the
Annual Business Meeting. Discussion took place as to who might be appointed as the
official representative and the alternate representative. This item will appear on the
agenda for consideration August 10, 2021.
Public Comment – No public comments were received.
Adjournment – The Worksession meeting adjourned at 7:52 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 10, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, August 10, 2021, Pastor
Walley Reames, Central Assembly of God, opened the meeting with a prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Teresa Emory, Willie German (left at 7:10
p.m.), and Michael Ramsey, City Manager Frank Peterson, City Attorney John
Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
A. Presentation of Accreditation Award Public Safety
Bob Stevenson and Neal Rossow from the Michigan Association of Chiefs of
Police (MACP) were in attendance to present the Muskegon Police Department
with the Michigan Law Enforcement Accreditation Commission (MLEAC) Award,
in recognition of completion of the accreditation program.
Accreditation status represents a significant professional achievement.
Accreditation acknowledges the implementation of written directives, policies,
and procedures that are conceptually sound and operationally effective.
The MACP and MSA (Michigan Sheriffs’ Association) believe the Michigan Law
Enforcement Accreditation Program will enhance the professionalism of police
organizations in the state.
B. Craig Person – Blue House Development – His Muskegon Story
Craig Person moved to Muskegon in 2014 to pursue his passion for real estate.
He has invested in several properties in the Muskegon area and has taken his
residential redevelopment successes and has become a huge promoter of
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Muskegon’s ongoing transformation. Mr. Person has started a Facebook blog –
“Coffee with Craig – showing others how to start investing in urban
redevelopment and plans to eventually release a full documentary regarding
Muskegon’s resurgence, saying he is proud to call Muskegon his new home. “My
motto is dream big, think big and make a difference,” Person said of now
seeking investment opportunities in the redevelopment of Downtown Muskegon,
“I am all in on Muskegon.”
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-74 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 27, 2021 Regular
Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. AutoPulse Resuscitation Purchase Using Grant Funds Public Safety
SUMMARY OF REQUEST: The Fire Department has received a grant from the
Firehouse Subs Public Safety Foundation to purchase an AutoPulse Resuscitation
device.
The Firehouse Subs Public Safety Foundation has awarded a grant for $17,520.30
to purchase a Zoll AutoPulse Resuscitation System. The AutoPulse® Resuscitation
System is a CPR machine that provides high-quality automated CPR to victims of
sudden cardiac arrest. This is a no-match grant covering the total purchase
price of one (1) Zoll AutoPulse and necessary accessories.
STAFF RECOMMENDATION: To authorize the fire department to accept the
grant of $17,520.30 from the Firehouse Subs Public Safety Foundation to
purchase the Zoll AutoPulse device.
E. Lumberjacks Lease City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the fifth amendment to the
lease agreement with WC Hockey. This amendment will add three additional
five-year options for the team.
STAFF RECOMMENDATION: Approve the Agreement and authorize the City
Manager and Clerk to sign.
I. Designation of Voting Delegates for the Michigan Municipal League
Annual Meeting City Commission
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and,
if possible, to designate one other official to serve as an alternate.
Page 2 of 8
STAFF RECOMMENDATION: To appoint an official representative, Mayor
Stephen J. Gawron, and alternate representative, City Clerk Ann Marie Meisch,
to be in attendance and to cast the vote of the municipality at the Annual
Business Meeting of the Michigan Municipal League Convention.
J. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To concur with the Community Relations Committee
and appoint Virginia Taylor to the Zoning Board of Appeals and to concur with
the District Library board on the reappointment of three members.
The CRC recommends appointing Virginia Taylor to the vacant position on the
Zoning Board of Appeals – Term expiring 1/31/2023. Oneata Bailey, Kevin Huss,
and Greg Borgman – Terms expiring 6/30/2025, will be reappointed to the District
Library board as recommended by the Library Board.
STAFF RECOMMENDATION: To concur with the recommendation of the CRC
and District Library Board on the appointment and reappointments.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
accept the consent agenda as presented, except items B, D, F, G, and H.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2021-75 REMOVED FROM CONSENT AGENDA:
B. Request to Fly Christian Flag City Clerk
SUMMARY OF REQUEST: Michael Hansen is seeking approval to fly the Christian
Flag at Muskegon City Hall the first week of May 2022, during the week of the
National Day of Prayer.
STAFF RECOMMENDATION: To approve the request by Mr. Hansen to fly the
Christian Flag the week of the National Day of Prayer, the first week of May,
2022.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to deny
the request by Mr. Hansen to fly the Christian Flag the week of the National Day
of Prayer, the first week of May 2022.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
Page 3 of 8
D. Purchase Request for Two Fire Apparatuses Public Safety
SUMMARY OF REQUEST: Purchase agreement with Halt Fire of Wixom to
purchase two fire apparatuses to replace E23 – a 2006 pumper and L41 – a 2006
aerial device.
Staff is requesting the Fire Department to enter into a purchase contract with
Halt Fire of Wixom. E23 is a 2006 pumper with 128,758 miles and L41 is a 2006 75
foot aerial device with 100,074 miles. Buying two badly needed units gives us the
ability to save the City $45,000 with a dual apparatus purchase. Using the pre-
payment option provided by the manufacturer, Pierce Manufacturing of
Wisconsin, the City will save an additional $22,583. E23 and L41 will still be used
as back up Fire Trucks when needed.
AMOUNT REQUESTED: $2,063,361.00
FUND OR ACCOUNT: TBD
STAFF RECOMMENDATION: To approve staff to enter into a two-apparatus
purchase agreement with Halt Fire of Wixom Michigan.
Motion by Commissioner Ramsey, second by Commissioner Emory, to approve
staff to enter into a two-apparatus purchase agreement with Halt Fire of Wixom
Michigan.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
F. Sanitation Policy Development Services
SUMMARY OF REQUEST: Staff is seeking approval of the policy for establishing
and reinforcing rules and regulations related to sanitation.
Staff has developed a policy to govern the collection and disposal of residential
refuse and ensure all neighborhoods within the city are maintained in a clean,
orderly condition at all times for the health, safety, and welfare of the
community.
STAFF RECOMMENDATION: To approve the policy establishing rules and
regulations related to sanitation.
Motion by Commissioner Ramsey, second by Commissioner Rinsmea-Sybenga,
to approve the policy establishing rules and regulations related to sanitation.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
Page 4 of 8
G. ARP Infill Housing Program City Manager
SUMMARY OF REQUEST: City staff has developed a Request for Qualifications
and a draft Development Agreement for the ARP-funded portion of the in-fill
housing program. Staff is seeking approval to release the RFQ broadly and
begin discussions with respondents, with a goal of bringing development
agreements to the City Commission for approval in September.
Staff is recommending that the City Commission allocate $5Milion from ARP
stimulus revenue to accelerate the city’s current infill housing program. Staff
intends to use these dollars to leverage an additional $5Million in private
investment by requiring each qualified developer to invest half the cost of
construction. The proposed development agreement would include provisions
to ensure affordability to buyers below 120% of the AMI by providing a more-
robust down payment assistance program to income-qualified buyers. Note that
the agreements specifically call out owner-occupied homes because we have
the PILOT Infill Program currently focusing on rentals. Additionally, the
agreements call out “single family” homes; this should be clarified to
Commissioners that single-family homes can be either detached from other
single family homes or attached to other single family homes (townhouses are
an example of this).
AMOUNT REQUESTED: $5 Million
FUND OR ACCOUNT: State/Federal Grants
STAFF RECOMMENDATION: Allocate $5 Million in ARP stimulus funds to the
infill housing program and authorize the City Manager to broadly release the
RFQ and identify qualified developers for the program.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to
allocate $5 Million in ARP stimulus finds to the infill housing program and
authorize the City Manager to broadly release the RFQ and identify qualified
developers for the program.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
H. 1095 Third Street Redevelopment RFP Economic Development
SUMMARY OF REQUEST: Catholic Charities is in the final stages of relocating
from their former offices at 1095 Third Street to their new location. The
department has prepared a request for proposals for qualified developers to
submit redevelopment plans for the Commission’s consideration.
Over the past eighteen months, the Economic Development department has
worked with Catholic Charities during their efforts to construct their new offices
Page 5 of 8
and relocate. During that time, several interested parties, both local and
regional, have expressed interest in the building for mixed use, federal office
lease space, pure residential, nonprofit, and a variety of other uses. The
document reflects a request for proposals for the future of the site. Staff have
recommended a focus on mixed use, with additional requested emphasis on
residential in multiple modes and price points, activation of the additional lots
adjacent to the building, and an active commercial street front on Third. The
document is presented tonight for review and endorsement to ensure it aligns
with commission’s goals for the site.
STAFF RECOMMENDATION: To endorse the Request for Proposals for the 1095
Third Street Redevelopment RFP as presented.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to endorse the Request for Proposals for the 1095 Third Street Redevelopment RFP
as presented.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2021-76 NEW BUSINESS:
A. Pedicab Ordinance City Clerk
SUMMARY OF REQUEST: City Commission is being asked to consider an
ordinance to allow and regulate Pedicabs. City Commission is also being asked
to consider an amendment to allow consumption or possession of alcoholic
liquors in parks and playgrounds while participating in a pedicab.
The city has been approached by a person wishing to operate a party bike.
Staff has worked with the city attorney and is proposing the Pedicab ordinance
presented as well as an amendment to Chapter 58 Article I to allow
consumption or possession of alcoholic liquors in parks and playgrounds while
participating in a pedicab.
STAFF RECOMMENDATION: To adopt a new ordinance allowing and
regulating Pedicabs and to amend Chapter 58 Article I of the City Code of
Ordinances to allow consumption or possession of alcoholic liquors in parks and
playgrounds while participating in a pedicab.
Motion by Commissioner Ramsey, second by Vice Mayor Hood, to table this
item until the August 24, 2021 meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
Page 6 of 8
MOTION PASSES
B. Representation – Opioid Litigation City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into an
agreement with Grabhorn Law Office and Haney Law Office to represent the
city’s interest in opioid litigation in the State of Michigan.
There have been a series of litigation events related to the dispensing of opioids
across the county. The result has been a number of class-action lawsuits and
related settlements, with additional action likely to come in the near future. Staff
is seeking permission to engage Grabhorn Law Office and Haney Law Office to
represent our interests in the litigation as well as the settlement disbursements.
There will be no direct cost to the city, as the fees will come from the
settlements. Additionally, our actual settlements will not be reduced by the legal
fees because a separate fund has already been established to cover all related
attorney fees for all interested parties.
STAFF RECOMMENDATION: Authorize the City Manager to enter into the
representation agreement as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize the City Manager to enter into the representation agreement as
presented.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, Emory, and
Johnson.
Nays: None
MOTION PASSES
2021-77 ANY OTHER BUSINESS: Mayor Gawron was contacted by the
Muskegon Boxing Club operating out of Smith Ryerson with a request for help
with funding the program. The funding would help with equipment purchases
such as uniforms, headgear, gloves, rings, ropes, etc.
Motion by Commissioner Ramsey, second by Commissioner Emory, to add
$25,000 to contractual services in the Parks Budget for the purpose of
supplementing the boxing program at Smith Ryerson.
ROLL VOTE: Ayes: Hood, Ramsey, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: None
MOTION PASSES
Commissioner Ramsey asked the clerk to provide an explanation in writing
about the discrepancies between what was posted by the City Clerk and
County Clerk in vote totals posted on election night. Commissioner Ramsey
requested an update from the Gift Card Committee.
Page 7 of 8
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 8:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Sale – 248 Monroe Ave.
Submitted By: Hope Griffith Department: Planning Department
Brief Summary: City staff is seeking authorization to sell the City-owned home at 248 Monroe Ave.
to Victoria L. Harthorn & Kim M. Harthorn.
Detailed Summary: 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 $177,900. The City will not contribute funds toward
closing costs.
Amount Requested: None. Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the Code Coordinator to complete the sale of 248 Monroe Ave,
as described in the attached purchase agreement and to have the Mayor and Clerk sign the deed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/24/2021 Title: Solid Waste Ordinance Amendment
Submitted By: LeighAnn Mikesell Department: Manager’s Office
Brief Summary:
Staff is seeking approval of an amendment to Chapter 70, Article II of the Code of Ordinances in
coordination with the revised Sanitation Policy.
Detailed Summary:
The newly adopted Sanitation Policy includes revised times when refuse collection carts can be
placed at the curb. Staff is seeking a change to the Solid Waste ordinance to match the new
standards.
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To amend and adopt Chapter 70, Article II, Section 31(a) of the Code of
Ordinances for Solid Waste.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 70 Article II of the Code of Ordinances of the City of Muskegon, Michigan,
Section 70-31(a) is amended to read as follows:
Sec. 70-31. City refuse collection.
(a) Placement of refuse. Unless authorized by section 70-4(b), every owner and occupant
of a residential unit for which city refuse collection service is afforded under this
chapter shall place all accumulated and acceptable refuse for collection in a mixed
refuse collection cart supplied by the city or its contractor which cart shall be tightly
sealed, with excess mixed refuse in additional mixed refuse bags with authorized
stickers attached. Mixed refuse collection carts and additional refuse bags intended
for collection with stickers attached shall be placed by the owner and occupant of the
residential unit at the curb in front of the residence not earlier than 4:00 p.m. of the
day preceding the collection day and not later than 6:00 a.m. of the day of collection.
Additional refuse bags intended for collection shall not be broken nor weigh more
than 30 pounds when filled. The owner and occupant shall not place or cause to be
placed by unacceptable items in any additional refuse bag or mixed refuse collection
cart intended for collection. No person shall place refuse materials of any kind of the
premises of or in front of a residence for city collection service, except refuse
originating in that residence.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\082421\04B_1418292-SEC. 70-31;
SANITATION POLICY.DOCX
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____ day of _______________, 2021, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2021
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\082421\04B_1418292-SEC. 70-31;
SANITATION POLICY.DOCX
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2021, the City Commission of the City
of Muskegon amended subsection (a) of Chapter 70, Article II, Section 70-31 of the Muskegon
City Code, summarized as follows:
1. TO BE COMPLETED IN THE FUTURE
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published: _________________, 2021 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\082421\04B_1418292-SEC. 70-31;
SANITATION POLICY.DOCX
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24th, 2021 Title: Amity Avenue Bridge Removal
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Staff is seeking formal resolution confirming concurrence for removal of the Amity Avenue bridge.
Detailed Summary:
Staff is seeking funds from the Michigan Department of Transportation (MDOT) Bridge Bundle
Program. MDOT piloted a Bridge Bundle program last year with the hopes of reducing the number of
critical condition bridges by combining several bridges into one package. More information about the
program and an online tracking tool can be found here: https://www.michigan.gov/som/0,4669,7-192-
47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion in the second year of
the program, the Ottawa Street bridge and Amity Street bridge. Staff will be continue to provide
information to the Bridge Bundle program as needed. The statement below is from the program
administrator, Roger Safford, via email:
Since these bridges were initially built to serve the public interest and need, local agencies
desiring to close them permanently will need to take appropriate actions to document this
consistent with local policy procedures. We will need a certified resolution from the governing
body along with a formal resolution from any other applicable local agency (city, village or
township) confirming concurrence for the bridge removal.
The Amity Avenue bridge was constructed to allow the railroad to pass underneath, the railroad is
abandoned and has rendered the bridge unnecessary. As a part of this program, MDOT will fully fund
the bridge removal. The City will be responsible to provide a matching project to reconnect the road
after the bridge removal. It is worth noting, the street will be closed for a period of time until the city can
reconstruct the roads at grade.
Staff is recommending approval of the resolution to remove the Amity Avenue Bridge.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the Amity Avenue Bridge Removal Resolution and authorize the Clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Amity Avenue Bridge Removal
CITY OF MUSKEGON
RESOLUTION NO.
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on
RECITALS
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. The City of Muskegon hereby approves the temporary street closure and removal of the bridge,
which carriers Amity Avenue over an abandoned railroad bed.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Muskegon does own said bridge.
2. The bridge is identified in the MiBridge system as structure number 7699
3. The bridge was initially installed to serve the public interest. The bridge is no longer needed.
Resolution duly adopted.
YEAS
NAYS
CITY OF MUSKEGON
By
Ann Meisch, MMC – City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the Day of , 20, and
that the minutes of the meeting are on file in the office of the City Clerk and are available to the public.
Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of
Michigan, 1976.
Ann Meisch, MMC – City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24th, 2021 Title: Ottawa Street Bridge Removal
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Staff is seeking formal resolution confirming concurrence for removal of the Ottawa Street bridge.
Detailed Summary:
Staff is seeking funds from the Michigan Department of Transportation (MDOT) Bridge Bundle
Program. MDOT piloted a Bridge Bundle program last year with the hopes of reducing the number of
critical condition bridges by combining several bridges into one package. More information about the
program and an online tracking tool can be found here: https://www.michigan.gov/som/0,4669,7-192-
47796-564509--,00.html
Two bridges within the City of Muskegon have been recommended for inclusion in the second year of
the program, the Ottawa Street bridge and Amity Street bridge. Staff will be continue to provide
information to the Bridge Bundle program as needed. The statement below is from the program
administrator, Roger Safford, via email:
Since these bridges were initially built to serve the public interest and need, local agencies
desiring to close them permanently will need to take appropriate actions to document this
consistent with local policy procedures. We will need a certified resolution from the governing
body along with a formal resolution from any other applicable local agency (city, village or
township) confirming concurrence for the bridge removal.
The Ottawa Street bridge over the south branch of the Muskegon River is currently closed to traffic due
to deteriorating conditions that have rendered it unusable. The bridge was previously investigated for
reconstruction with an estimated cost of $2M+. Upon closure the City constructed a new entrance to
Richards Park which has restored access to all properties and allowed for the bridge to be rendered
unnecessary.
In addition to the bridge removal resolution a modification to our Act 51 map will be required to reflect
the shortening of the street. The second attached resolution modifies the end point of Ottawa Street
and will be required during our next annual Act 51 Map update cycle in April.
Staff is recommending approval of both resolutions related to Ottawa Street.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the Ottawa Street Bridge Removal Resolution and approve the Ottawa Street Decertification /
Vacation Resolution and authorize the Clerk to sign both resolutions.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Ottawa Street Bridge Removal
CITY OF MUSKEGON
RESOLUTION NO.
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on
RECITALS
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. The City of Muskegon hereby approves the permanent closure and removal of the bridge, which
carriers Ottawa Street over the south branch of the Muskegon River.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Muskegon does own said bridge.
2. The bridge is identified in the MiBridge system as structure number 7700
3. The bridge was initially installed in 1929 to serve the public interest. The bridge is no longer
needed.
Resolution duly adopted.
YEAS
NAYS
CITY OF MUSKEGON
By
Ann Meisch, MMC – City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the Day of , 20, and
that the minutes of the meeting are on file in the office of the City Clerk and are available to the public.
Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of
Michigan, 1976.
Ann Meisch, MMC – City Clerk
Ottawa Street Bridge Removal
(City of Muskegon)
STREET DECERTIFICATION
NOW THEREFORE IT IS RESOLVED:
At a regular meeting of the City Commissioners of Muskegon, Michigan, held at the city hall on August 24, 2021,
the following resolution was offered by member , and supported by
member .
Whereas the City of Muskegon does wish to decertify a portion of Ottawa Street, from the
bridge (mile point 0.950) to the north end (mile point 1.045). The total decertification length
is 502 feet. These street is no longer open to the public or for public use on or before April 1,
2021.
Resolution duly adopted.
(Date)
(City/Village Clerk)
Certified to be a true copy,
(Date)
(City, Village Clerk)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: H92102 Wood Street, Apple to
Marquette
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Authorize the award of the H92102 Wood Street, Apple to Marquette contract to the low bidder,
McCormick Sand Inc.
Detailed Summary:
Staff solicited bids for milling and resurfacing of Wood Street, from Apple to Marquette.
Bids received are as follows:
• $381,081.25 – McCormick Sand
• $387,554.73 – Wadel Stabilization
The project would be constructed during the 2021-22 construction season.
Amount Requested: $381,081.25 Amount Budgeted: $500,000
Fund(s) or Account(s): 202-92102 Fund(s) or Account(s): 202-92102
Recommended Motion:
Approve the award of H92102 Wood Street, Apple to Marquette contract to the low bidder,
McCormick Sand Inc. in the amount of $381,081.25.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
1.10 BID TABULATION
City of Muskegon Project Engineer: JB Date: 8/17/2021
Engineering Department Project Number: H92102
Project description: Wood St; Apple to Marq
Engineer's Estimate: $ 436,936.40
Engineers Estimate McCormick Sand Wadel Stabilization
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total
1 1500001 Mobilization, Max LSUM 1 $ 39,000.00 $ 39,000.00 $ 25,000.00 $ 25,000.00 $ 28,500.00 $ 28,500.00
2 2040055 Sidewalk, Rem Syd 338 $ 8.00 $ 2,704.00 $ 8.00 $ 2,704.00 $ 11.00 $ 3,718.00
3 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 30 $ 100.00 $ 3,000.00 $ 75.00 $ 2,250.00 $ 105.00 $ 3,150.00
4 3020001 Aggregate Base Ton 175 $ 20.00 $ 3,500.00 $ 30.00 $ 5,250.00 $ 30.50 $ 5,337.50
5 3020051 Aggregate Base, Conditioning Sta 35.2 $ 1,000.00 $ 35,200.00 $ 525.00 $ 18,480.00 $ 475.00 $ 16,720.00
6 3060021 Maintenance Gravel, LM Cyd 100 $ 15.00 $ 1,500.00 $ 0.01 $ 1.00 $ 5.00 $ 500.00
7 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 28 $ 650.00 $ 18,200.00 $ 950.00 $ 26,600.00 $ 890.00 $ 24,920.00
8 4037050 Dr Structure Cover, Type B, Modified Ea 28 $ 500.00 $ 14,000.00 $ 425.00 $ 11,900.00 $ 500.00 $ 14,000.00
9 5010002 Cold Milling HMA Surface Syd 13756 $ 1.25 $ 17,195.00 $ 0.75 $ 10,317.00 $ 1.20 $ 16,507.20
10 5010031 HMA, 3C Ton 1192 $ 95.00 $ 113,240.00 $ 74.50 $ 88,804.00 $ 74.62 $ 88,947.04
11 5010032 HMA, 4C Ton 1192 $ 105.00 $ 125,160.00 $ 87.25 $ 104,002.00 $ 87.22 $ 103,966.24
12 8020038 Curb and Gutter, Conc, Det F4 Ft 350 $ 20.00 $ 7,000.00 $ 23.00 $ 8,050.00 $ 23.00 $ 8,050.00
13 8030010 Detectable Warning Surface Ft 265 $ 35.00 $ 9,275.00 $ 38.00 $ 10,070.00 $ 38.00 $ 10,070.00
14 8030034 Sidewalk Ramp, Conc, 4 inch Sft 3136 $ 6.00 $ 18,816.00 $ 5.00 $ 15,680.00 $ 5.00 $ 15,680.00
15 8030044 Sidewalk, Conc, 4 inch Sft 350 $ 3.00 $ 1,050.00 $ 5.00 $ 1,750.00 $ 5.00 $ 1,750.00
16 8110024 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 1173 $ 3.00 $ 3,519.00 $ 2.75 $ 3,225.75 $ 2.75 $ 3,225.75
17 8110044 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 221 $ 6.00 $ 1,326.00 $ 5.50 $ 1,215.50 $ 5.50 $ 1,215.50
18 8110231 Pavt Mrkg, Waterborne, 4 inch, White Ft 118 $ 0.50 $ 59.00 $ 0.25 $ 29.50 $ 0.25 $ 29.50
PAGE 1 TOTAL
19 8110232 Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 6364 $ 0.35 $ 2,227.40 $ 0.25 $ 1,591.00 $ 0.25 $ 1,591.00
20 8120022 Barricade, Type III, High Intensity, Lighted, Furn Ea 26 $ 80.00 $ 2,080.00 $ 105.00 $ 2,730.00 $ 105.00 $ 2,730.00
21 8120023 Barricade, Type III, High Intensity, Lighted, Oper Ea 26 $ 3.50 $ 91.00 $ 5.00 $ 130.00 $ 5.00 $ 130.00
22 8120100 Dust Palliative, Applied Ton 5 $ 50.00 $ 250.00 $ 0.10 $ 0.50 $ 10.00 $ 50.00
23 8120170 Minor Traf Devices LSUM 1 $ 2,000.00 $ 2,000.00 $ 10,450.00 $ 10,450.00 $ 13,500.00 $ 13,500.00
24 8120252 Plastic Drum, Fluorescent, Furn Ea 121 $ 25.00 $ 3,025.00 $ 20.00 $ 2,420.00 $ 20.00 $ 2,420.00
25 8120253 Plastic Drum, Fluorescent, Oper Ea 121 $ 1.00 $ 121.00 $ 1.00 $ 121.00 $ 1.00 $ 121.00
Bid Tabulation 1 of 2
City of Muskegon Project Engineer: JB Date: 8/17/2021
Engineering Department Project Number: H92102
Project description: Wood St; Apple to Marq
Engineer's Estimate: $ 436,936.40
Engineers Estimate McCormick Sand Wadel Stabilization
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total
26 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 760 $ 5.00 $ 3,800.00 $ 3.00 $ 2,280.00 $ 3.00 $ 2,280.00
27 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 760 $ 1.00 $ 760.00 $ 1.00 $ 760.00 $ 1.00 $ 760.00
28 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 80 $ 8.00 $ 640.00 $ 7.00 $ 560.00 $ 7.00 $ 560.00
29 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 80 $ 1.00 $ 80.00 $ 1.00 $ 80.00 $ 1.00 $ 80.00
30 8160062 Topsoil Surface, Furn, 4 inch Syd 303 $ 4.00 $ 1,212.00 $ 7.00 $ 2,121.00 $ 10.00 $ 3,030.00
31 8167011 Hydroseeding Syd 303 $ 2.00 $ 606.00 $ 3.00 $ 909.00 $ 2.00 $ 606.00
32 8237050 Water Valve Box and Cover, Complete Ea 18 $ 350.00 $ 6,300.00 $ 1,200.00 $ 21,600.00 $ 745.00 $ 13,410.00
33
PAGE 2 TOTAL
BID TOTAL: $ 436,936.40 $ 381,081.25 $ 387,554.73
Bid Tabulation 2 of 2
INDEX TO SHEETS CITY OF MUSKEGON
WOOD STREET
FROM APPLE AVE TO MARQUETTE AVE,
TRAFFIC, SAFETY STANDARD PLANS
UTILITIES
ELECTRIC
CONSUMERS ENERGY
JOEL BROWN
700 E STERNBERG ROAD
NORTON SHORES, MI 49441
(231) 332-2682
TELEPHONE
FRONTIER COMMUNICATIONS
STANDARD PLANS DAVID B. FLERMOEN
860 TERRACE STREET
MUSKEGON MI 49440
(231) 727-1319
GAS
DTE ENERGY
VINCENT DUCA
2359 OLTHOFF DRIVE
MUSKEGON MI 49444
(231) 578-0488 (CELL)
CABLE
COMCAST
TBA
PROJECT LOCATION WATER & SEWER
CITY OF MUSKEGON DPW -
WYATT EARP, DAVE BAKER
1350 E KEATING AVENUE
MUSKEGON MI 49442
(231) 724-4100
Know what's below.
Call before you dig.
WOOD ST. CROSS SECTION AND DETAIL SHEET
4' MIN
4' MIN
24"
6" MIN
18"
48" TYP.
Know what's below.
Call before you dig.
WOOD STREET
LINE
PL
PL
CONC
CONC
GAS VAULT
P.O.B. 0+21
5+00
GAS VAULT
CONC
CONC
6" STORM
CONC
CONC
PL
CONC
MATCH
PL
PL PL PL PL PL
APPLE AVE.
quantities this sheet
*AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 4.8 STA
COLD MILLING HMA SURFACE 1965 SYD
DETECTABLE WARNING SURFACE 40 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 7 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 7 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 6 EA
HMA, 3C 170 TON
HMA, 4C 170 TON
HYDROSEEDING 46 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 450 SFT
SIDEWALK, REM 50 SYD
TOPSOIL SURFACE, FURN, 4 INCH 46 SYD
WATER VALVE BOX AND COVER, COMPLETE 7 EA
WOOD STREET
LINE
LINE
X X
X X
X X X X X X X X X X X X
9+92
5+00
66' R.O.W.
X X X X X X X X X
X
X
X
MATCH
X
MATCH
X
quantities this sheet
AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 4.9 STA
COLD MILLING HMA SURFACE 1814 SYD
DETECTABLE WARNING SURFACE 40 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 4 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 4 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA
HMA, 3C 157 TON
HMA, 4C 157 TON
HYDROSEEDING 46 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 414 SFT
SIDEWALK, REM 46 SYD
TOPSOIL SURFACE, FURN, 4 INCH 46 SYD
WATER VALVE BOX AND COVER, COMPLETE 3 EA
WOOD STREET
LINE
LINE
14+84
66' R.O.W.
MATCH
MATCH
quantities this sheet
AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 4.9 STA
COLD MILLING HMA SURFACE 2031 SYD
DETECTABLE WARNING SURFACE 80 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 6 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 6 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 6 EA
HMA, 3C 176 TON
HMA, 4C 176 TON
HYDROSEEDING 92 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 855 SFT
SIDEWALK, REM 95 SYD
TOPSOIL SURFACE, FURN, 4 INCH 92 SYD
LINE
14+84
19+76
66' R.O.W.
MATCH
quantities this sheet
AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 4.9 STA
COLD MILLING HMA SURFACE 1769 SYD
DETECTABLE WARNING SURFACE 15 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 5 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 5 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA
HMA, 3C 153 TON
HMA, 4C 153 TON
HYDROSEEDING 10 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 180 SFT
SIDEWALK, REM 20 SYD
TOPSOIL SURFACE, FURN, 4 INCH 10 SYD
WATER VALVE BOX AND COVER, COMPLETE 4 EA
LINE
LINE
19+76
24+68
66' R.O.W.
MATCH
MATCH
quantities this sheet
AGGREGATE BASE 25 TON
COLD MILLING HMA SURFACE 1476 SYD
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
HMA, 3C 128 TON
HMA, 4C 128 TON
AGGREGATE BASE, CONDITIONING 4.9 STA
LINE
LINE
24+68
66' R.O.W.
29+91
MATCH
MATCH
quantities this sheet
AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 5.2 STA
COLD MILLING HMA SURFACE 1755 SYD
DETECTABLE WARNING SURFACE 30 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 2 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 2 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 5 EA
HMA, 3C 152 TON
HMA, 4C 152 TON
HYDROSEEDING 35 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 378 SFT
SIDEWALK, REM 42 SYD
TOPSOIL SURFACE, FURN, 4 INCH 35 SYD
WATER VALVE BOX AND COVER, COMPLETE 1 EA
LINE
line
35+46
66' R.O.W.
29+91
match
MATCH
quantities this sheet
AGGREGATE BASE 25 TON
AGGREGATE BASE, CONDITIONING 5.6 STA
COLD MILLING HMA SURFACE 1852 SYD
DETECTABLE WARNING SURFACE 40 FT
DR STRUCTURE, COVER, ADJ, CASE I, MODIFIED 4 EA
DR STRUCTURE COVER, TYPE B, MODIFIED 4 EA
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA
HMA, 3C 161 TON
HMA, 4C 161 TON
HYDROSEEDING 46 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 541 SFT
SIDEWALK, REM 53 SYD
TOPSOIL SURFACE, FURN, 4 INCH 46 SYD
WATER VALVE BOX AND COVER, COMPLETE 3 EA
line
PROJECT
P.O.E.39+74
35+46
40+55
66' R.O.W.
match
P.O.E.
quantities this sheet
COLD MILLING HMA SURFACE 1094 SYD
DETECTABLE WARNING SURFACE 20 FT
EROSION CONTROL, INLET PROTECTION, FABRIC DROP 1 EA
HMA, 3C 95 TON
HMA, 4C 95 TON
HYDROSEEDING 28 SYD
* SIDEWALK, CONC, 4 INCH 50 SFT
SIDEWALK RAMP, CONC 4 INCH 318 SFT
SIDEWALK, REM 32 SYD
TOPSOIL SURFACE, FURN, 4 INCH 28 SYD
SPECIAL SIGNS
SS-1 SS-2
SOUTH BOUND NORTH BOUND
WOOD ST WOOD ST
CLOSED CLOSED
SS-3 SS-4
SOUTH BOUND NORTH BOUND
WOOD ST WOOD ST
SS-4
SS-3 W20-2
2 EA TYPE III BARRICADE
4 EA PLASTIC DRUMS SS-3 SIGN DISCRIPTION QUANTITY AREA TOTAL AREA
1 EA R11-2 SS-3 W21-4 ROAD WORK AHEAD 5 16 SFT 80 SFT
M4-10LT SS-4 W20-2 DETOUR AHEAD 5 16 SFT 80 SFT
W20-3 ROAD CLOSED AHEAD 15 16 SFT 240 SFT
M4-8A DETOUR ENDS 2 4 SFT 8 SFT
M4-9UP DETOUR ARROW UP 7 5 SFT 35 SFT
M4-9RT DETOUR ARROW RIGHT 3 5 SFT 15 SFT
M4-9LT DETOUR ARROW LEFT 3 5 SFT 15 SFT
1 EA TYPE III BARRICADE DETOUR ARROW LEFT
M4-10LT 1 6 SFT 6 SFT
4 EA PLASTIC DRUMS M4-10RT DETOUR ARROW RIGHT 1 6 SFT 6 SFT
1 EA R11-4 RII-2 ROAD CLOSED 10 10 SFT 100 SFT
RII-4 ROAD CLOSED TO THRU TRAFFIC 14 12.5 SFT 175 SFT
760 SFT
1 EA TYPE III BARRICADE 1 EA TYPE III BARRICADE
4 EA PLASTIC DRUMS 4 EA PLASTIC DRUMS
1 EA R11-4 1 EA TYPE III BARRICADE 1 EA R11-4
4 EA PLASTIC DRUMS
1 EA R11-4 ESTIMATED QUANTITIES
SIGN, TYPE B TEMPORARY, SPECIAL
1 EA TYPE III BARRICADE SIGN DESCRIPTION QUANTITY AREA TOTAL AREA
4 EA PLASTIC DRUMS SS-1 SOUTH BOUND WOOD ST CLOSED 3 8 SFT 24 SFT
SS-2 NORTH BOUND WOOD ST CLOSED 3 8 SFT 24 SFT
1 EA R11-4 1 EA TYPE III BARRICADE 7 8 SFT
SS-3 SOUTH BOUND WOOD ST 56 SFT
4 EA PLASTIC DRUMS SS-4 NORTH BOUND WOOD ST 7 8 SFT 56 SFT
1 EA R11-4 TOTAL 160 SFT
SS-3 BARRICADE TYPE III, HIGH INTENSITY, LIGHTED, FURN 26 EA
BARRICADE TYPE III, HIGH INTENSITY, LIGHTED, OPER 26 EA
SS-4 PLASTIC DRUM, FLUORESCENT, FURN 96 EA
4 EA TYPE III BARRICADE PLASTIC DRUM, FLUORESCENT, OPER 96 EA
16 EA PLASTIC DRUMS MINOR TRAFFIC DEVICES 1 LS
4 EA R11-4 4 EA TYPE III BARRICADE SIGN, TYPE B, TEMP, PRISMATIC, FURN 760 SFT
16 EA PLASTIC DRUMS SIGN, TYPE B, TEMP, PRISMATIC, OPER 760 SFT
4 EA R11-4 SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN 80 SFT
SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, OPER 80 SFT
DUST PALLIATIVE, APPLIED 5 TON
MAINTENANCE GRAVEL, LM 100 CYD
TRAFFIC CONTROL NOTES:
8 EA TYPE III BARRICADE 1. IN ADDITION TO THE 96 PLASTIC BARRELS
32 EA PLASTIC DRUMS USED IN CONJUCTION WITH THE TYPE III BARCICADES
8 EA R11-2 THE CONTRACTOR WILL SUPPLY AN ADDITIONAL 25
PLASTIC BARRELS, LIGHTED FOR MARKING
M4-8A W20-2 TEMPORARY DRIVES, BLOCKING EXISTING DRIVES
SS-3 SS-3 M4-9RT SS-2
SS-4
AND SIDEWALKS, ETC. AS DIRECTED BY THE
ENGINEER.
2 EA TYPE III BARRICADE 2.THE CONTRACTOR SHALL MAINTAIN ACCESS TO
SS-4 4 EA PLASTIC DRUMS BUSINESSES, SCHOOLS, RESIDENCES, CHURCHES
1 EA R11-2
1 EA M4-10RT
SS-4 SS-4 CROSS STREETS, ETC. WITH MAINTAINANCE GRAVEL
AS DIRECTED BY THE ENGINEER.
PAVEMENT MARKING NOTE:
THE CONTRACTOR SHALL FURNISH AND PLACE ALL
NECESSARY WARNING AND DIRECTIONAL DEVICES TO
PERMANENT PAVEMENT MARKING AND SIGNING DETAIL
MAINTAIN TRAFFIC. THE CONTRACTOR SHALL ALSO
PROVIDE PROTECTION TO THE UNCURED MARKING AS
MAY BE NEEDED UNTIL TRAFFIC CAN CROSS THE
UNCURED LINE WITHOUT DAMAGE. TRAFFIC SHALL
BE ALLOWED TO KEEP MOVING AT ALL TIMES.
13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
18 INCH, STOP BAR
13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
558 FT PAVT MRKG, WATERBORNE, 4 INCH, YELLOW 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 18 INCH, STOP BAR
(SOLID DOUBLE YELLOW) ALLEN AVE AMITY AVE INCH, CROSSWALK 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
18 INCH, STOP BAR 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, INCH, CROSSWALK
18 INCH, STOP BAR 18 INCH, STOP BAR 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK
118 FT PAVT MRKG, WATERBORNE, 4 INCH, WHITE
INCH, CROSSWALK
STA 17+66
INCH, CROSSWALK MYRTLE ST
(SOLID WHITE)
OAK AVE
12.0 FT EOM
11.5 FT EOM
11.5 FT EOM
13.5 FT EOM
11.5 FT EOM
12.0 FT
27.0 FT EOM-EOM
558 FT PAVT MRKG,
36.0 FT EOM-EOM
564 FT PAVT MRKG, 695 FT PAVT MRKG, 492 FT PAVT MRKG,
P.O.B. 0+21
30 FT EOM-EOM
30 FT EOM-EOM
APPLE AVE
30 FT EOM-EOM
WATERBORNE, 4 INCH, YELLOW WATERBORNE, 4 INCH, YELLOW WATERBORNE, 4 INCH, YELLOW WATERBORNE, 4 INCH, YELLOW
(SOLID DOUBLE YELLOW) (SOLID DOUBLE YELLOW) (SOLID DOUBLE YELLOW) (SOLID DOUBLE YELLOW)
MATCH LINE
13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 18 INCH, STOP BAR
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 18 INCH, STOP BAR 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 18 INCH, STOP BAR
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK INCH, CROSSWALK
13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
INCH, CROSSWALK
INCH, CROSSWALK
ORCHARD AVE WHITE AVE
13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
18 INCH, STOP BAR 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
STA 35+46
SUMNER AVE JACKSON AVE
STA 17+66
18 INCH, STOP BAR 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
18 INCH, STOP BAR
2297 FT PAVT MRKG, INCH, CROSSWALK 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
WATERBORNE, 4 INCH, YELLOW INCH, CROSSWALK 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
13.5 FT EOM
13.5 FT EOM
13.5 FT EOM
(SOLID DOUBLE YELLOW) INCH, CROSSWALK
27.0 FT EOM-EOM
27.0 FT EOM-EOM
27.0 FT EOM-EOM
MATCH LINE
MATCH LINE
13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 1083 FT PAVT MRKG,
18 INCH, STOP BAR WATERBORNE, 4 INCH, YELLOW
(SOLID DOUBLE YELLOW) 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
18 INCH, STOP BAR 18 INCH, STOP BAR
INCH, CROSSWALK
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6 69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
INCH, CROSSWALK INCH, CROSSWALK
MARQUETTE AVE
STA 35+46
117 FT PAVT MRKG, 13.0 FT PAVT MRKG, OVLY COLD PLASTIC,
WATERBORNE, 4 INCH, YELLOW 18 INCH, STOP BAR
(SKIP YELLOW)
69 FT PAVT MRKG, OVLY COLD PLASTIC, 6
INCH, CROSSWALK
11.5 FT EOM
23' EOM-EOM
MATCH LINE
TOTAL PERMANENT PAVEMENT MARKING QUANTITIES
PAVT MRKG, WATERBORNE, 4 INCH, YELLOW 6364 FT
PAVT MRKG, WATERBORNE, 4 INCH, WHITE 118 FT
PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 221 FT
PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 1173 FT
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24th, 2021 Title: MDEGLE Grant Assistance
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is requesting authorization to approve the Professional Services Agreement with Prein & Newhof
to provide comprehensive engineering services for administration and execution of portions of a
Drinking Water Asset Management Grant that was recently awarded to the City of Muskegon by the
Michigan Department of Environment, Great Lakes, and Energy.
Detailed Summary:
Prein & Newhof assisted the City in submittal of a successful grant application to the State of Michigan
Department of Environment, Great Lakes and Energy through their Drinking Water Asset Management
Program. The City of Muskegon has been awarded $898,840.00 through the program.
Work covered by the grant will include a large number of important items related to the Cities Drinking
Water System a few of the highlights are as follows:
• Updates to the GIS (Geographic Information System) mapping for the city’s water system to
include precise GPS locations for all hydrants and valves in the city.
• Completion of our Distribution System Materials Inventory, required by the state in 2025 to
physically verify the status of our lead service lines.
• Inventory and inspection of major Water Filtration Plant Assets
• Update to the City Water Asset Management Plan which helps guide our investments in the
water system to the best possible uses.
• Purchase of updated equipment to provide remote access to the GIS mapping information via
truck mounted laptops for several water department vehicles.
• An updated rate study for the city water rates.
City crews will also self-perform approximately $200K worth of work under this grant in the form of in
kind work to complete the physical investigations.
The water fund budget will be updated in a future reforecast to show this expense and the anticipated
grant revenue. The outcome of the grant was uncertain at the time of the original budget creation.
Amount Requested: $689,200.00 Amount Budgeted: $0
Fund(s) or Account(s): 591 Fund(s) or Account(s): 591
Recommended Motion:
Authorize staff to sign the professional services agreement with Prein & Newhof to provide Engineering
Services for the administration and execution of the Drinking Water Asset Management Grant that was
awarded to the City by the State of Michigan Department of Environment, Great Lakes and Energy.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
August 5, 2021
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
RE: Professional Engineering Services, Drinking Water Asset Management Grant
Dear Mr. Evans:
Congratulations to the City on being awarded a Drinking Water Asset Management Grant (DWAM).
As you know this grant program is focused on Lead Service Investigations and Water Asset
Management Planning. Based on the application P&N prepared on behalf of the City of Muskegon,
we propose to assist the City with the DWAM grant as follows:
• Assist City with completion of GIS based service line inventory according to EGLE
guidance and requirements.
• Assist city with identifying which lead service lines need to be verified in the field.
• Field GPS existing distribution hydrants and valves with the assistance of the DPW,
as needed.
• Field locate Water Treatment Plant (WTP) site piping.
• Update the GIS with field data that was collected.
• Link available record plans to GIS system, as needed.
• Inventory major WTP assets.
• Perform assessment of WTP filters.
• Perform hydrant testing for updating the water hydraulic model for calibration
purposes.
• Update water hydraulic model, update demand distributions, and run various
scenarios to determine system deficiencies and solutions.
• Prepare a comprehensive Drinking Water Asset Management Plan including water
asset inventory, condition assessment, identification of projects, cost estimates,
generation of a 10-year Capital Improvement Plan and evaluate funding options.
• Rate Study to be prepared by Baird. P&N to provide assistance.
• Assist with grant administration.
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
S:\2021\2210794 City of Muskegon\PRM\prp 2021-08-05 Evans.docx
Mr. Leo Evans
August 5, 2021
Page 2
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$689,200. This is the amount of the city’s grant ($898,840) minus the following items:
• Rate Study – to be completed by Baird and paid directly by City - $15,000
• Lead Service Line Inventory (field) - To be done by City staff – $189,300
• Equipment- Purchase to be paid directly by City - $5,340
Total deduction = $209,640
All Prein&Newhof expenses listed above are anticipated to be 100% covered by the grant. The grant
application scope of work and fee worksheet are attached.
If this proposal meets with your approval, please sign and return the Professional Services
Agreement as authorization to proceed. If you have any questions, or need additional information,
please contact our office.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E.
BEM/bem
Enclosure: Professional Services Agreement, Grant Application Scope of Work and Fee
S:\2021\2210794 City of Muskegon\PRM\prp 2021-08-05 Evans.docx
Scope of Work for Drinking Water Asset Management Grant
City of Muskegon
I. Distribution Materials System Inventory (DMSI)
The activities under this category are intended to assist the community with the complete Distribution
System Material Inventory required to be submitted by January 1, 2025 under Rule 11604 of Michigan’s
Safe Drinking Water Act, 1976 PA 399, as amended. An individual record will be prepared for service
line addresses within the distribution system inventory including material type on both the public and
private side of the line. Rule 11604 also requires the distribution system inventory to include materials
in piping, storage structures, pumps, and controls used to deliver water to the public. Therefore, an
inventory of these components will also be made. It is intended that the inventory will be GIS based so
that materials of concern are easily located and that updates can be more easily made in the future.
A. Service Lines - Field Verification
The activities proposed under this category include field verification of service line materials in
areas where there is little information available and/or to verify the information in the
Preliminary Service Line Inventory. The City of Muskegon has 12,898 service lines of which
11,197 are unknown but are likely to contain lead, and 1,701 of which have no lead or GPCL.
The City will work with EGLE to develop a plan to field verify services of a representative number
of service. At this time the City is working and planning under the assumption that all unknown
services are lead and require replacement. Therefore, the field verification is planned to be
limited to in targeted neighborhoods where there may or may not be lead/galvanized services.
At locations to be field verified, a hole on each side of the curbstop will be excavated using
hydrovactor equipment. The material on each side will be observed and the material recorded.
The material inside building will be verified at the same time for services being excavated. At
more limited locations, the service line at the main will be excavated.
B. Other Distribution Components
In order to update and make the City of Muskegon’s water system material inventory more
complete, the following is planned:
1. Data Collection: Collecting the accurate locations of water valves and hydrants and
service line curb stops is key to creating a high-quality GIS database. Unlike storm
1
structures and sanitary manholes, water valves are often not easily identifiable from
aerial imagery, so collecting their location with GPS is planned. Hydrants will be GPS
located as well as approximately 10% of the water service curb stops.
2. Water Main Mapping: Once high-quality locations for valves and hydrants are
established, water mains can be accurately mapped using GIS. In addition to using GPS-
located valves and hydrants, this step will employ record plans to identify and map pipe
deflections and properly attribute pipe size, material and year installed. Record plans
will also be scanned and linked to the GIS based system.
3. Asset information, record scanning and linking to GIS: Existing construction plans
related to the water will be scanned and linked in GIS if they are not already.
Additionally, information concerning assets such as age, condition, and type for assets
such as valves, hydrants, storage tanks, and water treatment will be added. O&M
manuals for the Water Filtration Plant and pumping stations will be scanned and linked
to the GIS. Water valve tie-cards will be scanned and linked to the GIS.
4. Water Treatment Plant: Site piping at the Water Treatment Plant will be mapped as
described above for the distribution system. Relevant existing construction plans will be
scanned and linked in GIS. Available information on age, condition, and type of assets
will be added.
C. GIS Based Inventory
All information will be put into the City of Muskegon’s GIS database. The material on both the
private and public side will be updated based on the results of the field verification. Updates to
the GIS system will allow the City of Muskegon to easily provide maps of service lines and
materials by address, location, and private side versus public side. The other distribution system
components used to deliver water will also be added to the database.
2
II. Asset Management
The City of Muskegon is proposing to update its Water Asset Management Plan.
A. Water System Inventory Update
The City of Muskegon will update the inventory submitted in its asset management plan in late
2017. This will be supplemented by the additional information gathered in the DMSI discussed
in Part I.
Estimated assets:
Hydrants – 2,139 Intakes - 1
Valves – 4,611 Master Meters – 3
Water Main – 216 miles Pumping Stations – 2
Storage Tanks – 3 Treatment Plant - full surface water filtration
plant
Service Lines – 12,898
B. Condition Assessment
Condition assessment of water system assets will be made and/or updated and results added to
the City of Muskegon’s GIS. These may be made using historical records concerning hydrant
condition, valve operation, valve turns, life cycle estimates, and failure rates, etc. will be added
to the GIS based on existing records. This may also be supplemented by field verification in
some cases if limited data is available.
1. Valves: Historical records concerning valve condition will be added to the GIS based on
existing records. This may be supplemented by field verification in some cases if no data
is available.
2. Distribution system: Conditions of the distribution system will be addressed through
hydraulic modeling and calibration testing. Hydraulic modeling can identify conditions in
the systems such as friction specific pipes, possible closed valves, water age, and
potential water quality problems.
The following activities are planned to update the City of Muskegon’s hydraulic model:
3
• Update model with updated GIS – This will be based on the inventory and
field work conducted. The primary advantage is that the pipes are shown
on maps in a more exact location and model calculations are more accurate.
• Perform water system field testing – Hydrant flow testing in the field will
provide data for model calibration and verifications of model assumptions.
• Define capital improvements – The hydraulic model will be used to
determine what capital improvements may be needed based on low flow
areas for domestic, commercial/industrial areas and fire protection
requirements.
3. Water Treatment Plant and booster stations
An inventory of WTP assets will be developed including all major treatment units and
ancillary equipment. A review of age and last known replacement/upgrades will be
completed for all items in the inventory. Further condition assessment activities will be
completed for the WTP filters including:
• Visual observation of each filter during run and backwash. Assess mudball
formation and bed expansion.
• Assess condition of existing filter box coatings
• Measurement of elevation of top of filter media to compare to design media
thickness
• Core samples in two representative filters and sieve analysis to compare to
recommended grain size distribution
• With City assistance, observe backwash pressures to assess potential plugging of
the IMS Cap underdrains
• Assess condition of existing valves and actuators associated with the filters
An assessment of the dedicated 36-inch pipe that serves the high service pumps to the
West Michigan Regional Water Authority will be evaluated due to its age, which is over
90 years. Visual observations will be completed where possible. Means of investigating
the condition of the pipe along its length will be reviewed and implemented, if feasible.
Two booster stations will also be included in condition assessment activities. Systems
that will be assessed include: pumps, piping, building structure, ventilation, and
electrical systems.
4
C. Level of Service
The level of service is anticipated to be improved with the updated inventories, condition
assessments and move to a GIS based asset management system. Once a water system is
accurately mapped, the resulting data can be used to help communities track O&M activities
such as valve turning, hydrant flushing, hydrant painting, and other asset maintenance.
D. Criticality Assessment
The criticality of assets in the distribution and supply system will be evaluated. Criticality
considers the likelihood and consequence of failure. This was done in the City’s 2017 Asset
Management Plan, but this will be updated with more current information. Consideration will
be given to failure histories and the results of water system modeling. The presence of lead
service lines will also be a factor in prioritizing asset criticality.
E. Capital Improvement Planning
Five year and twenty-year capital improvement plans will be developed based on the inventory,
condition assessments, criticality review, and level of service goals. This will also include lead
service line replacement. Consideration will also be given to other assets affected with
identified projects. Project descriptions, cost predictions, and timelines will be prepared.
F. Revenue Structure Development (Rate Study)
A financial analysis focusing on cash balances, rates, and financing will be prepared by the City
of Muskegon’s financial advisor. This will include a rate study using industry accepted practices
for utilities. A review of possible financing options for capital improvements will also be made.
The analysis will be reviewed with the City Council so it can review the rate analysis and develop
policies related to the capital and financial needs of the water system.
G. Asset Management Plan
The City of Muskegon’s Asset Management Plan (AMP), originally prepared in 2017, will be
updated based on the activities discussed above. The plan will address capital improvements
and the rates and policies needed to be proactive in maintaining the City’s water system. The
plan will be presented to the city council for review and concurrence.
H. Public Education
The City of Muskegon will prepare some materials for public education about asset
management and lead service lines.
5
III. Equipment
The City of Muskegon intends to purchase field laptops and a GPS data logger unit for the purpose of
tracking and maintaining its asset inventory and regularly updating it.
IV. Schedule
The City of Muskegon intends to complete these activities over a two to three-year period once the
grant agreement is in place.
6
Scope of Work & Professional Services
City of Muskegon - Drinking Water Asset Management Grant
Revised 2021-07-26
Total Cost
Distribution System Material Inventory
Project Meetings(3)/Coordination/Administration/Grant assistance $36,400
Service line verification/location - field and office review $199,300
Sub-Total $235,700
Asset Management
Coordination/Administration/Progress Reports/Meetings $10,700
Data collection - hydrants, valves $157,400
Watermain mapping update based on field work $82,400
Water Plant mapping and GPS $37,600
Prepare final deliverables $14,700
Review and train city on deliverable $8,400
Update Inventory (dist and WTP- some covered above) $3,800
Conditon Assessment - hydrants, valves most covered above) $8,700
Condition Assessments - booster stations (2) $37,600
Condition Assessments - WTP filters $21,600
Condition Assessment -WTP Piping (limited) $56,400
Condition assessment - hydraulic modeling/testing distribution $56,000
Condition review - other water treatment plant assets $59,000
Level of Service Review $8,000
Criticality Assessment (update existing) $4,400
Capital Improvement Planning ( assume 2 meetings) $35,400
Revenue Structure Development (2 meetings, 1 with commission) $23,900
Public Education $4,800
Asset Management Plan ( assume 1 meeting and 1 city commission
$27,000
presentation)
Sub-Total $657,800
Equipment
Equipment (tablets/GPS for GIS field use) $5,340
Sub-Total $5,340
Total Estimated Services $898,840
Project No. 2210794
Professional Services Agreement
This Professional Services Agreement is made this 5th day of August, 2021 (“Agreement”) by and
between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI 49525,
and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Complete Distribution System Material Inventory and Asset Management Plan under the
Drinking Water Asset Management Grant
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Leo Evans, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-6920 Phone Number: 231-798-0101
Facsimile Number: 231-727-6904 Facsimile Number: 231-798-0337
E-Mail Address: leo.evans@shorelinecity.com E-Mail Address: bmarczak@preinnewhof.com
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☒ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated August 5, 2021
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☐ Other:
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
Client hereby requests, and P&N hereby agrees to provide, the following services:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
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☒ P&N Scope of Services per Proposal dated August 5, 2021
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☒ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Maximum not to exceed $689,200 unless authorized by City of Muskegon.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
By: By:
Printed Name: Jason Washler, P.E. Printed Name: Leo Evans, P.E.
Title: Vice President Title: Director of Public Works
Date: August 5, 2021 Date:
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Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs – Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
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3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
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3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary – Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24th, 2021 Title: Beukema Playground
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval to contract with American Athletix to construct a new playground at Beukema
Park.
Detailed Summary:
As a follow up to the discussions at the May 10th, 2021 Commission Meeting staff solicited proposals
for new playgrounds at Reese and Beukema Parks. Seven (7) proposals were received and staff
reviewed each proposal and shortlisted three (3) options for each site (Attached). The top three
proposals for each site were posted for public voting and feedback via Facebook and Bang The Table
which was closed to voting on Friday, August 13th.
The result of the public voting for Beukema resulted in 92 total votes with 44% being cast for the
American Athletix design (Option #3); with the other two options receiving 29% and 27% respectively.
In addition to public feedback staff solicited feedback from Disability Network West Michigan (DNWM)
on all of the designs. For Beukema Park DNWM greatly preferred Option #1 due to the poured in
place rubber surfacing and inclusion of ramped access to components of the playground. Options #2
and #3 met minimum ADA requirements, but did not provide rubber surfacing or ramped access.
A price proposal from American Athletix is included in the attachments at a cost of $122,639.00
Given the disparity between the public selection and the recommendation of DNWM, Staff is
recommending that we contract with American Athletix but that we request design modifications to
incorporate a poured rubber or tile surfacing in lieu of engineering wood fiber and that we modify the
play structure designs to incorporate ramp access.
These changes will result in an increased price above the provided quote. To that end staff is
requesting a contracting limit of $165,000 in total on the Beukema Park Playground. That amount
shall be inclusive of the noted changes to improve the ADA access. If the changes cannot be
accomplished within that budget staff will return the item for further Commission consideration.
American Athletix is the only vendor to submit a proposal located within the City of Muskegon.
A budget line item was not established in the original 21/22 Budget for these projects, however it was
previously discussed at the May 10th, 2021 Commission Meeting to target spending $900K between
Reese and Beukema Parks. If approved a budget line item will be added during the 1st Quarter
Reforecast. Total requested between the two park designs is a maximum of $530,000.00 depending
upon options.
Amount Requested: $165,000 Amount Budgeted: $0
Fund(s) or Account(s): 101 Fund(s) or Account(s): 101
Recommended Motion:
Authorize staff to contract with American Athletix on a new playground for Beukema Park inclusive of the
noted ADA improvements in an amount not to exceed $165,000.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Beukema
Playground
Option 1
Beukema
Playground
Option 2
Beukema Playground
Option 3
Which playground would you like to see at Beukema Park?
,r 25 (26.9%)
41 (44.1%)-
27 (29.0%)
Question options
(Click items to hide)
e Option 1 e Option 2 e Option 3
60
53 (0.0%)
55
50
45
40
35
29 (0.0%)
30
25
20
15
10 (0.0%)
9 (0.0%)
10 7 (0.0%)
4 (0.0%)
5
Question options
(Click items to hide)
e I live in the City of Muskegon. e I am a student in the City.
• I am a business owner in the City. I vacation in the City.
e I live in a neighboring community. e I do not live in the City, but I work in the City.
Beukema Playfield - Option #001 (Snider Recreation)
5-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 12
Number of Ground Level Play Components on Accessible Route 4 6
Different Types of Ground Level Components on Accessible Route 3 3
Elevated Components Accessible By Ramp (25%) 0 3
Elevated Components Accessible By Ramp or Transfer (50%) 6 12
Notes
Poured in Place Rubber Surfacing for whole play area
2-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 4
Number of Ground Level Play Components on Accessible Route 1 1
Different Types of Ground Level Components on Accessible Route 1 1
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 2 4
Notes
Beukema Playfield - Option #002 (Playworld)
5-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 13
Number of Ground Level Play Components on Accessible Route 4 4
Different Types of Ground Level Components on Accessible Route 3 3
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 7 7
Notes
Engineered Wood Fiber Surfacing
Spinner at transfer height with recessed seat
2 ADA Swings
2-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 5
Number of Ground Level Play Components on Accessible Route 2 2
Different Types of Ground Level Components on Accessible Route 2 2
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 3 5
Notes
Beukema Playfield - Option #003 (American Athletix)
5-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 9
Number of Ground Level Play Components on Accessible Route 3 7
Different Types of Ground Level Components on Accessible Route 3 4
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 5 5
Notes
Engineered Wood Fiber
2-5 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 6
Number of Ground Level Play Components on Accessible Route 2 6
Different Types of Ground Level Components on Accessible Route 2 2
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 3 6
Notes
Quotation
Project: Beukema Park Date: 7/23/2021
Attn: Nick
Leo Cerullo
Evans Quote #: MUS2021-A
City of Muskegon Expires: 8/23/2021
1350 E. Keating Approx. Lead Time 12 weeks
Muskegon, MI 49442 Custom lead time:
leo.evans@shorelinecity.com
231-724-6920
Description: Kompan revised
quantity item number description each net
1 PCM310404 TRIPLE TOWER WITH TRACK RIDE $53,710.00 $42,968.00
1 ELE400209 FLOW 1 $ 29,450.00 $23,560.00
2 ELE400024 SPINNER BOWL $ 1,360.00 $2,176.00
1 KSW928-CUSTOM 4-BAY PORTAL SWING $ 9,500.00 $7,600.00
Excavation Excavate and dump spoils on site $4,750.00 $4,750.00
EWF 12" EWF / 129 CY / System 300 (25 year warranty) $5,500.00 $5,500.00
LANDSCAPING Cleanup / site restoration $ 4,500.00 $4,500.00
INSTALL PROFESSIONAL INSTALLATION INSTALL: $26,460.00
EQUIPMENT TOTAL: $91,054.00
PAYMENT TERMS: DEP 50% & 50% DUE UPON COMPLETION FREIGHT: $5,125.00
TAX:
ENGINEERING: NA
Quote Total: $122,639.00
*ACCEPTANCE OF QUOTATION: This quotation is subject to policies in the current catalog and the following terms and conditions. Quotation is based on shipment of all items at the same time to one destination.
, unless otherwise noted. Pricing is subject to change beyond expiration date. Purchases in excess of $1000,00 must be supported by a written purchase order to American Athletix, LLC.
LEAD TIME: Tentative dates from receipt of deposit (if required); final approved drawings; colors and site prep and readiness.
FREIGHT: Freight charges are estimated. Subject to final charges from freight carrier.
EXCLUSIONS: Unless specifically included, this quotation excludes: all site work and landscaping; removal and disposal 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.
Proposal By: John McDonald, American Athletix, LLC
Customer Acknowledges that he/she has read, understands, accepts and agrees to be bound by the Terms and Conditions attached
Accepted by: _________________________________ Date: ________________________
Purchase Order: _______________________________
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24th, 2021 Title: Reese Playground
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval to contract with Sinclair Recreation to construct a new playground at Reese
Park.
Detailed Summary:
As a follow up to the discussions at the May 10th, 2021 Commission Meeting staff solicited proposals
for new playgrounds at Reese and Beukema Parks. Seven (7) proposals were received and staff
reviewed each proposal and shortlisted three (3) options for each site (Attached). The top three
proposals for each site were posted for public voting and feedback via Facebook and Bang The Table
which was closed to voting on Friday, August 13th.
The result of the public voting for Reese resulted in 88 total votes with 52% being cast for the Sinclair
Recreation design (Option #3); with the other two options receiving 30% and 18% respectively.
In addition to public feedback staff solicited feedback from Disability Network West Michigan (DNWM)
on all of the designs. For Reese Park DNWM greatly preferred Option #3 due to providing the highest
percentage of ramp access. 26/28 features are accessible via ramps which well exceeds the minimum
standards. The design also provides poured in place rubber surfacing which increases access to the
20 ground level features.
A price proposal from Sinclair Recreation is included in the attachments at a cost of $323,600.00
For this site the public voting and DNWM recommendations both selected the same design. Staff has
worked with Sinclair Recreation in the past and is comfortable they can successfully deliver this
project.
One point of note which is often discussed is that the selected design did not provide an option for
swings. If swings are desired the design could be modified to incorporate a swing set at an additional
cost. Staff is supportive of either option and would request a budget of $365,000 to modify the design
to incorporate a swingset.
A budget line item was not established in the original 21/22 Budget for these projects, however it was
previously discussed at the May 10th, 2021 Commission Meeting to target spending $900K between
Reese and Beukema Parks. If approved a budget line item will be added during the 1st Quarter
Reforecast. Total requested between the two park designs is a maximum of $530,000.00 depending
upon options.
Amount Requested: Amount Budgeted: $0
$323,600.00 (No Swings)
$365,000.00 (With Swings)
Fund(s) or Account(s): 101 Fund(s) or Account(s): 101
Recommended Motion:
Authorize staff to contract with Sinclair Recreation on a new playground for Reese Park in an amount not to
exceed $365,000.00.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Reese Playground
Option 1
Reese Playground
Option 2
Reese
Playground
Option
3
Which playground would you like to see at Reese Park?
16 (18.2%)
46 (52.3%)-
26 (29.5%)
Question options
(Click items to hide)
e Option 1 e Option 2 e Option 3
60
53 (0.0%)
55
50
45
40
35
30
25
21 (0.0%)
20
15 (0.0%)
15
10
6 (0.0%)
5 (0.0%)
1 (0.0%)
Question options
(Click items to hide)
e I live in the City of Muskegon. e I am a student in the City.
• I am a business owner in the City. I vacation in the City.
e I live in a neighboring community. e I do not live in the City, but I work in the City.
Reese Playfield - Option #001 (Miracle Play Systems)
5-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 0 20
Number of Ground Level Play Components on Accessible Route 0 14
Different Types of Ground Level Components on Accessible Route 8 8
Elevated Components Accessible By Ramp (25%) 5 15
Elevated Components Accessible By Ramp or Transfer (50%) 10 17
Notes
Poured in Place Rubber or Turf?
2-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 0 6
Number of Ground Level Play Components on Accessible Route 0 8
Different Types of Ground Level Components on Accessible Route 2 2
Elevated Components Accessible By Ramp (25%) 0 5
Elevated Components Accessible By Ramp or Transfer (50%) 3 6
Notes
Roll on Alta Glide
Reese Playfield - Option #002 (Play Environment)
5-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 25
Number of Ground Level Play Components on Accessible Route 0 7
Different Types of Ground Level Components on Accessible Route 2 2
Elevated Components Accessible By Ramp (25%) 7 20
Elevated Components Accessible By Ramp or Transfer (50%) 13 24
Notes
Poured in place rubber for part and engineered wood fiber for the rest
2-12 Play Area
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 8
Number of Ground Level Play Components on Accessible Route 3 3
Different Types of Ground Level Components on Accessible Route 3 3
Elevated Components Accessible By Ramp (25%) 0 0
Elevated Components Accessible By Ramp or Transfer (50%) 4 8
Notes
Reese Playfield - Option #003 (Sinclair Recreation)
All Ages
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components 28
Number of Ground Level Play Components on Accessible Route 0 20
Different Types of Ground Level Components on Accessible Route 7 7
Elevated Components Accessible By Ramp (25%) 7 26
Elevated Components Accessible By Ramp or Transfer (50%) 14 26
Notes
Poured in place rubber across the whole area
2-12 Play Area: No 2-12 area for this proposal.
Types of Elements Minimum Requirements of ADA Planned Elements in Proposal
Total Number of Elevated Play Components
Number of Ground Level Play Components on Accessible Route
Different Types of Ground Level Components on Accessible Route
Elevated Components Accessible By Ramp (25%)
Elevated Components Accessible By Ramp or Transfer (50%)
Notes
GameTime c/o Sinclair Recreation 07/21/2021
PO Box 1409 Quote #101633-01-05
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
City of Muskegon - Reese Playfield - Option One - Grant Pricing
City of Muskegon Ship to Zip 49442
Attn: Milo Root
Parks Department, 1350 East Keating Avenue
Muskegon, MI 49442
milo.root@shorlinecity.com
Quantity Part # Description Unit Price Amount
1 7 PRINCIPLES
1 8476 GameTime - Infinity Bowl $2,194.00 $2,194.00
1 RDU GameTime - Custom Universally Accessible Powerscape Structure $203,817.00 $203,817.00
(1) 3928 -- Fun Mirror 12" 1S
(1) 3930 -- Fun Mirror 20" 1S
(1) 4668 -- Up & On Bronze Sensor Package
(1) 4670 -- Up & On Gold Sensor Package
(1) 4847 -- Hypno Wheel Ass'Y
(1) 4874 -- Maze w/bk Panel 11" Gizmo
(1) 14928 -- NDS Inclusive Play Sign Package
(1) 16465 -- Slide Transfer (Ada)
(18) 16700 -- Ada49"Sq Punch Steel Deck
(1) 16717 -- 147" Ada Ramp Link
(1) 16803 -- Ada Wide Triangular Platform
(1) 16806 -- Ada 6"Stepped Platform
(1) 16819 -- Ada 12"Stepped Platform
(9) 32022 -- Hex Pod Step (1')
(5) 32023 -- Hex Pod Step (2')
(1) 32072 -- Trinet (Medium) W/Ps Connection
(4) 38010 -- Vine Climber Low
(5) 80076 -- Deck Flat Cap Pkg
(1) 80082 -- Slide Transfer
(1) 80612 -- Deck Curb
(2) 80687 -- Handhold/Kick Plate Pkg
(1) 80924 -- Double Seat
(1) 81478 -- Horiz Ladder Link 147"
(1) 81593 -- Ladder Loop Link
(1) 81669 -- Hand Cycler
(1) 90033 -- 4' Transfer Platform W/Guardrail
(1) 90063 -- 4' & 4'-6" Crazy Eight Climber
(1) 90145 -- 4' Corner Vine Climber Reverse
Page 1 of 5
GameTime c/o Sinclair Recreation 07/21/2021
PO Box 1409 Quote #101633-01-05
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
City of Muskegon - Reese Playfield - Option One - Grant Pricing
Quantity Part # Description Unit Price Amount
(2) 90150 -- 3'/4' Single Vine Climber
(1) 90157 -- Triple Slide
(1) 90176 -- Ada Crow'S Nest W/ Gizmo
(1) 90186 -- Ashiko & Djembe Panel
(1) 90203 -- Tic-Tac-Toe Panel Above Dk
(1) 90216 -- Rung Enclosure W/Barrier, Above Dk
(1) 90225 -- Decorative Panel, Above Dk
(1) 90262 -- 4' Upright, Alum
(1) 90263 -- 5' Upright, Alum
(3) 90264 -- 6' Upright, Alum
(5) 90265 -- 7' Upright, Alum
(2) 90266 -- 8' Upright, Alum
(4) 90267 -- 9' Upright, Alum
(6) 90268 -- 10' Upright, Alum
(5) 90269 -- 11' Upright, Alum
(1) 90306 -- Climber Archway W/Socket & Barrier
(1) 90355 -- Store Front Panel
(1) 90466 -- Maze Panel, Above Dk
(1) 90508 -- 4' Double Zip Slide, Std Dk
(1) 90510 -- 6' Dueling Wave Zip Slide, Std Dk
(1) 90520 -- Wide Rng Encl Dbl Mold S. Whl Gr Abov
(1) 90572 -- Scramble Up (3'-0")
(1) 90598 -- Hour Glass Climber
(1) 90619 -- Ergo Climber (4'-0" & 4'-6")
(1) 90637 -- Tunnel Up
(1) 90673 -- Ramp (Guardrail)
(1) 90674 -- Std Access Ramp Link 3 Dk Gr
(1) 90676 -- Std Access Ramp Link Gr 2'-6" & 3'
(1) 90677 -- Std Access Ramp Link Gr 3'-6" & 4'
(1) 90713 -- Frog Slide Puzzle-Gadget Pnl Above Dk
(1) 90840 -- Xcelerator
(1) 90850 -- 4D Sail Roof
(3) 91146 -- Entryway - Guardrail
(7) 91208 -- Climber Entryway - Guardrail
(2) 91209 -- Climber Entryway - Barrier
Page 2 of 5
GameTime c/o Sinclair Recreation 07/21/2021
PO Box 1409 Quote #101633-01-05
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
City of Muskegon - Reese Playfield - Option One - Grant Pricing
Quantity Part # Description Unit Price Amount
(1) 91303 -- Cliff Wall Climber
(1) 91334 -- Climber Offset Entryway (Barrier)
(1) 91364 -- Sensory Wave Panel w/ chimes
(1) 91365 -- Sensory Wave Panel w/ stainled glass
(1) 91379 -- PS S Wave Up & On LNK (5'-5'6)
(2) 91457 -- Sensory Wave Entryway
(1) 91499 -- Olympus Climber-3' thru 4' attach
(4) G90262 -- 4' Upright, Galv
(3) G90265 -- 7' Upright, Galv
(7) G90267 -- 9' Upright, Galv
(7) G90268 -- 10' Upright, Galv
(4) G90269 -- 11' Upright, Galv
(3) G90270 -- 12' Upright, Galv
(1) 178749 -- Owner's Kit
1 INSTALL Installation - Of GameTime Equipment $45,000.00 $45,000.00
462 INSTALL Installation - Concrete Border surround the play area $31.00 $14,322.00
4275 PIP GT-Impax - Poured in Place Surfacing and Sub-base $22.00 $94,050.00
4275 INSTALL Installation - Excavation of the site and site work $2.25 $9,618.75
1 INSTALL Installation - Clean up of site and restoration $3,500.00 $3,500.00
Sub Total $372,501.75
Grant ($87,013.81)
Material Surcharge $28,627.39
Freight $9,484.67
Total $323,600.00
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.
Page 3 of 5
GameTime c/o Sinclair Recreation 07/21/2021
PO Box 1409 Quote #101633-01-05
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
City of Muskegon - Reese Playfield - Option One - Grant Pricing
Payment Terms: Payment in full, net 30 days subect to approval by GameTime Credit Manager. 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.
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
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 4 of 5
GameTime c/o Sinclair Recreation 07/21/2021
PO Box 1409 Quote #101633-01-05
Holland, MI 49422-1409
Ph: 800-444-4954
Fax: 616-392-8634
City of Muskegon - Reese Playfield - Option One - Grant Pricing
Acceptance of quotation:
Proposed By Diane Sinclair: ___________________________________________
Accepted By (printed): _________________________________ P.O. No: _____________________________
Please make P.O.s out to GameTime C/O Sinclair Recreation
Signature: ___________________________________________
Title: _______________________________________________ Date: ______________________________
Facsimile: ___________________________________________ Phone ______________________________
Email: ______________________________________________ Purchase Amount: $323,600.00
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. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Quote prepared by: Diane Sinclair
Page 5 of 5
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/24/2021 Title: DPW Vehicle Replacement
Submitted By: Joe Buckingham Department: DPW/Equipment
Brief Summary: The Equipment Division is requesting permission to purchase fifteen (15) new fleet
vehicles to replace existing vehicles.
Detailed Summary:
We are requesting permission to purchase the following;
• F-350 Construction Trucks (3 EA - 1 Highway / 1 Traffic / 1 Water & Sewer)
• F-450 Dump Trucks (2 EA - 1 Highway / 1 General Use)
• F-250 Water/Sewer Dept. (4 EA - 4 Water & Sewer)
• F-250 Parks Dept. (3 EA - Parks)
• 2500 HD Fleet Vehicles (3 EA - DPW Supervisor Vehicles)
These purchases are for replacements to existing vehicles, no net increase in the number of
vehicles maintained is proposed. The existing vehicles being replaced vary in age from 1994 thru
2011. Existing vehicles will be handed down to seasonal use and/or placed on the auction site
(Biddergy.com) for sale. These new vehicles will be purchased through Gorno Ford and Berger
Chevrolet the Mi-Deal State contract holders.
This purchase will total $476,131.00 coming from the Equipment budget. 11 of these vehicles
were budgeted within the 2021/22 Budget and 4 were budgeted within the 2020/21 Budget but
were unable to be purchased at that time due to vehicle shortages. The 21/22 budget will be
reforecast in the 1st quarter reforecast to reflect the carryover vehicles from the 2020/21 Budget.
Amount Requested: $476,131.00 Amount Budgeted: $476,131.00
Fund(s) or Account(s): 661-60932-5730 Fund(s) or Account(s): 661-60932-5730
Recommended Motion: Authorize staff to purchase fifteen (15) replacement vehicles for DPW.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
F-350 Construction Trucks
Fitting with various bed styles
depending upon designated use
·-
Example F-350 Construction
Truck with Tood Bed
Typical F-250 Configuration
(Water/Sewer & Parks)
Typical F-450
Configuration
Typical Configuration
2500 Supervisor Vehicles
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Water Filtration Plant Fencing
Submitted By: Joe Buthker Department: Public Works - Filtration
Brief Summary:
Staff is seeking approval of a contract with Fence Consultants for a total of $38,545.86 for the
replacement of the fencing and the cantilever gate on the east side of the Water Filtration Plant
property.
Detailed Summary:
The fencing on the west and north sides of the Water Filtration Plant property was replaced in 2018.
The fencing along the east side of the Water Filtration Plant property was not replaced as part of this
project and it is corroding and showing its age. The existing cantilever gate is breaking frequently, and
while repairs have prolonged its use, a long-term solution is required.
This proposal includes installation of new chain link fencing and a new cantilever gate with modern
safety features. The base bid for this proposal includes the removal of the existing fencing and the
installation of aluminized chain link fencing and gates. An alternate bid was requested by staff for the
additional cost of using black vinyl coated chain link materials in place of the aluminized chain link
fencing.
Staff issued a public notice for formal competitive bids. Two fencing contractors attended the pre-bid
meeting at the Water Filtration Plant. Fence Consultants was the only contractor to submit a bid. The
requested amount of $38,545.86 includes the base bid of $34,504.95 for removal and installation of
aluminized fencing materials plus an additional $4,040.91 to upgrade from aluminized chain link
fencing to black vinyl coated chain link fencing. Two additive bids for the replacement of fencing along
the south side of the Water Filtration Plant property will not be awarded at this time and will be
included as part of future projects. This project was budgeted as part of the capital improvements at
the Water Filtration Plant for FY 2021-22.
Amount Requested: Amount Budgeted:
$38,545.86 $40,000.00
Fund(s) or Account(s): 591-92034-5346 Fund(s) or Account(s): 591-92034-5346
Recommended Motion:
Authorize staff to contract with Fence Consultants for a total of $38,545.86 for the replacement of the
fencing and gate on the east side of the Water Filtration Plant property.
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: Title: Approval of Abatement and Building
August 24, 2021 Contractors :769 Catawba Avenue
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To award the Building Contracts for the lead abatement and rehabilitation of 769 Catawba Ave. (Pictures)
Badgerows Building and Remodeling- Randall Bagerow for Lead; and the rehabilitation to Custom Exteriors, LLC- Mike
Murphy for the City of Muskegon’s Homebuyers Program. (pictures)
Detailed Summary:
Lead Abatement Contract for 769 Catawba Ave. has 2 bidders. (Bids attached)
Randall Badgerow, Badgerow’s Building and Remodeling*
607 S Lafayette
Greenville, MI 48838
*MDHHS Lead CHIP Abatement contractor since 2019
Rehabilitation Contractor for 769 Catawba Ave. has 2 bidders. (Bids attached)
Mike Murphy, Custom Exteriors, LLC
1541 Brooks Road
Muskegon, MI 49442
Local Building Contractor new construction/rehab since 2010
Amount Requested: $99,864.00 Amount Budgeted: $110,000
Fund(s) or Account(s): HOME Program Fund(s) or Account(s): HOME 2020
Recommended Motion: To award Badgerows Building and Remodeling the lead abatement
contract for 769 Catawba Ave. in the amount of $10,600.00; and award Custom Exteriors LLC the
rehabilitation contract in the amount of $ 89,264.00, for the Community and Neighborhood
Services Office Homebuyers 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:
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: August 18, 2021
To: Bidders regarding 769 Catawba Ave
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results
Community and Neighborhood Services received the following bid proposals:
CONTRACTOR Total Bid Price*
Mike Murphy $89,264
Nassau Construction $91,910
The City of Muskegon reserves the right to accept or reject any and all bids. The City of
Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s neighborhood
revitalization efforts. The selected bidder will be contacted in the next few days.
OB
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: August 18, 2021
To: Bidders regarding 769 Catawba Ave
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results - Lead
Community and Neighborhood Services received the following bid proposals:
CONTRACTOR Total Bid Price*
Across the Board LLC $21,780
Badgerows Building & Remodel $10,600
The City of Muskegon reserves the right to accept or reject any and all bids. The City of
Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s neighborhood
revitalization efforts. The selected bidder will be contacted in the next few days.
OB
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Title: Approval of Abatement and Building
August 24, 2021 Contractors : 548 E Dale Avenue
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To award the Building Contracts for the lead abatement and rehabilitation of 548 E Dale Ave. (Pictures)
Across the Board LLC- Marvin Van Oosten for Lead; and the rehabilitation to Custom Exteriors LLC--Mike Murphy for the
City of Muskegon’s Homebuyers Program.
Detailed Summary:
Lead Abatement Contract for 548 E Dale Ave. has 2 bidders. (Bids attached)
Marvin Van Oosten, Across the Board LLC
921 VO’s Place
Allegan, MI 49010
Lead Abatement since 2010/Section 3 Contractor/MDHHS Lead CHIP Program*
Rehabilitation Contractor for 548 E Dale Ave. has 2 bidders. (Bid attached)
Mike Murphy, Custom Exteriors, LLC
1541 Brooks Road
Muskegon, MI 49442
Local Building Contractor new construction/rehab since 2010
Amount Requested: $97,258.00 Amount Budgeted: $120,000
Fund(s) or Account(s): HOME Program Fund(s) or Account(s): HOME 2020
Recommended Motion: To award Across the Board LLC the lead abatement contract for 548 E Dale Ave.
in the amount of $17,290.00; and award Mike Murphy the rehabilitation contract in the amount of $
78,568.00, for the Community and Neighborhood Services Office.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: August 18, 2021
To: Bidders regarding 548 E Dale Ave.
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results
Community and Neighborhood Services received the following bid proposals:
CONTRACTOR Total Bid Price*
Mike Murphy $78,568
Nassau Construction $81,230
The City of Muskegon reserves the right to accept or reject any and all bids. The City of
Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s neighborhood
revitalization efforts. The selected bidder will be contacted in the next few days.
OB
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: August 18, 2021
To: Bidders regarding 548 E Dale Ave.
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results -Lead
Community and Neighborhood Services received the following bid proposals:
CONTRACTOR Total Bid Price*
Across the Board LLC $18,690
Badgerows Building & Remodeling $24,400
The City of Muskegon reserves the right to accept or reject any and all bids. The City of
Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s neighborhood
revitalization efforts. The selected bidder will be contacted in the next few days.
OB
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Revision to Municipal Senior Millage
Funding Allocations
Submitted By: Oneata Bailey Department: CNS
Brief Summary: Request to approve the re-allocation of Municipal Senior Millage Funding for the
City of Muskegon Programs. The Senior Power of Produce program at the Muskegon Farmers
Market was allocated $15,000 in April. The Program started July 13, 2021 and the funds have
been depleted. Staff is requesting that the allocation for The Muskegon County Senior Millage
Home Repair program be reduced by $20,000 and that those funds be re-allocated to the Senior
Power of Produce program. Staff has reviewed the position of funds for Home Improvements and
feel confident that this is in the best interest of Muskegon County senior citizens.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Senior Millage Funds Fund(s) or Account(s): N/A
Recommended Motion: To revise the allocation of Municipal Senior Millage funding to reduce the
allocation to Muskegon County Senior Millage Home Repair by $20,000 and to re-allocate those
funds to the Senior Power of Produce program at the Muskegon Farmers Market.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Title: Allocation of Muskegon County Senior
Date:8/24/2021 Millage (MCSM) Re-allocation
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To approve the described allocations for $94,640.00 of Muskegon County Senior
Millage funds. This funding is specific to our Senior Citizens, age 60 and older, to coordinate and
provide services, programs, and/or activities in our jurisdiction.
Detailed Summary:
Planning Division is asking for Commission approval to fund the following programs:
The Power of Produce for Senior Citizens on Tuesdays at the Farmers Market. The Fruitport
Lions and the Shoreline Branch of the Lions manage the program to reimburse Farmer’s
through a token-reimbursement system. The Clerk’s Office is asking for funds to extend the
program period into the fall season.
$35,000
Department of Public Works has been replacing water lines in the city. For every
replacement ($6000), these allocated dollars will cover ½ the cost of a Senior Citizen, age 60
or above. The Water Department will use these funds to offset their annual cost of water lines
replaced in our city.
$30,000
Muskegon County Senior Millage Major Home Repair program through the Community
and Neighborhood Services department is currently closed. This Major repair program will
allow for us to serve our citizens who live in housing that is substandard – a threat to safety,
health and life. The need has been greater than our budget.
We will utilize these funds to stretch our CDBG funding of Priority Housing repairs to cover us
until we receive our 2020 allocations from HUD.
$24,640
Muskegon Senior Housing Assistance is a newly framed program to offer Seniors (60 or
older) rental deposits if moving into any of our 4 Senior high-rise locations: Jefferson Tower,
Hartford Terrace, Bayview Towers, or Berkshire. These deposits are to be kept in-house for
other seniors who do not have an adequate deposit to move in.
$5,000
Amount Requested:94,640.00 Amount Budgeted:$94,640.00
Fund(s) or Account(s): Municipal MCSM Fund(s) or Account(s): Municipal MCSM
Recommended Motion: To accept and allocate additional MCSM award for 2020.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
=
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Revocation of IFT – 441 W Western
Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pigeon Hill Brewing Company has requested to revoke the Industrial Facilities
Exemption Certificate at their 441 W Western Ave facility in order to convert the building into
commercial use.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the revocation of the Industrial Facilities Exemption Certificate
No 2015-272 at 441 W Western Ave
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION REVOKING THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
NO 2015-272
Pigeon Hill Brewing Company, LLC
WHEREAS, THE City of Muskegon issued an Industrial Facilities Exemption Certificate to
Pigeon Hill Brewing Company, LLC on October 13, 2015; and
WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2027; and
WHEREAS, Pigeon Hill Brewing Company, LLC has requested to revoke the Industrial
Facilities Exemption Certificate in order to rehab the building into a commercial use; and
WHEREAS, appropriate certified notice has been sent to Pigeon Hill Brewing Company, LLC
on August 2, 2021, notifying the company of the intent to revoke Industrial Facilities Exemption
Certificate No. 2015-272
NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial
Facilities Exemption Certificate No. 2015-272, for Pigeon Hill Brewing Company, LLC, is
revoked.
Adopted this 24th day of August, 2021
Ayes:
Nays:
Absent
By: _________________________
Stephen Gawron
Mayor
Attest: ________________________
Ann Meisch
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 24, 2021.
By: ________________________
Ann Meisch
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Pedicab Ordinance – TABLED FROM
8/10/2021 TO 8/24/2021
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: City Commission is being asked to consider an ordinance to allow and regulate
Pedicabs. City Commission is also being asked to consider an amendment to allow consumption
or possession of alcoholic liquors in parks and playgrounds while participating in a pedicab.
Detailed Summary: The city has been approached by a person wishing to operate a party bike.
Staff has worked with the city attorney and is proposing the Pedicab ordinance presented as well
as an amendment to Chapter 58 Article I to allow consumption or possession of alcoholic liquors in
parks and playgrounds while participating in a pedicab.
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 adopt a new ordinance allowing and regulating Pedicabs and to amend
Chapter 58 Article I of the City Code of Ordinances to allow consumption or possession of
alcoholic liquors in parks and playgrounds while participating in a pedicab
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter ___ Article __ of the Code of Ordinances of the City of Muskegon, Michigan,
Section ____ is adopted to read as follows:
Sec. ____ - Purpose.
The transportation of persons by means of pedicabs is a matter closely affecting the public
interest. The public interest requires that pedicabs be fit for their intended purpose and that
safety and welfare of passengers be protected in the operation of pedicabs and pedicab
companies.
Sec. ____ - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Pedicab means a multi-wheeled passenger vehicle that is moved by human power that
is pulled, pushed or otherwise propelled by a person, which is used in the movement
of passenger(s) on public right-of-way and shall include, but not be limited to, cycle-
rickshaws, cyclos, velotaxis, trishaws, pedal pubs, biketaxis and any other pushcart or
rickshaw-type vehicle or non-motorized passenger vehicle, but which can have
electrically assisted device(s).
(2) Pedicab Owner means any person who operates a pedicab.
(3) Pedicab Operator means any person who operates a pedicab.
Sec. ______.- Operating Regulations.
No person shall drive or operate a pedicab for hire upon the streets, highways or thoroughfares of
the City of Muskegon, and no person who owns or controls a pedicab shall permit it to be so
driven or operated unless the pedicab company holds a valid and unrevoked Pedicab Company
license issued under authority of this Chapter and operates in compliance with all of the
requirements of this Section.
(1) No person under the age of 18 shall operate a pedicab.
(2) No person shall drive or operate a pedicab unless that person has a current valid
Michigan driver’s license.
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ORDINANCE.DOCX
(a) It shall be unlawful for any pedicab operator whose driver’s license is currently
suspended, revoked or denied or who has not been issued a valid, current
Michigan driver’s license to operate a pedicab. Each pedicab owner shall obtain a
photocopy of each pedicab operator’s driver’s license prior to allowing the
pedicab operator to operate the pedicab.
(b) Each pedicab owner shall maintain a continuously updated list of the names and
residence addresses, dates of birth and current driver’s license numbers of all its
pedicab operators and shall be exhibited on demand of any police officer or other
properly identified City employee who requests it.
(3) No person shall operate, or cause to be operated, a pedicab in an unsafe condition.
(4) All pedicab operators are subject to all applicable traffic safety laws, rules, and
regulations.
(5) Pedicabs are not permitted to park on public property except as follows:
(a) The City Manager may designate a portion of a public street, alley, plaza, park
or similar public place as “pedicab stand” for the parking of pedicabs.
(b) A single pedicab may park temporarily at the curb only as long as necessary
for passengers to board and exit the vehicle.
(c) In all cases, pedicabs shall be parked in a location that does not impeded
pedestrian or vehicular traffic.
(d) Pedicab operators shall not stop to load or unload passengers or their
belongings in the intersection of any street, crosswalks or in any manner or
other location that would be considered unsafe. No pedicab shall load or
unload in any such manner that will in any way impede or interfere with the
orderly flow of traffic on the streets.
(6) Fares must be agreed upon at the beginning of each trip.
(7) No person shall use or permit or allow any pedicab to be used in, or to aid or abet,
any illegal act.
(8) No person shall operate or knowingly permit any other person to operate any pedicab
under the influence of intoxicating liquor, any controlled, exhilarating or stupefying
substance or of any combination of substances mentioned herein.
(9) No person shall operate a pedicab when the number of passengers exceeds the
number of available seats. No person shall operate a pedicab unless all passengers
are seated in a seat designed for that purpose and using the seatbelt provided for in the
seat.
(10) Each pedicab owner shall adopt and operate a system for the collection, storage and
return of personal property left in a pedicab.
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Sec.____ - Vehicle Regulations.
No person shall drive or operate a pedicab for hire upon the streets, highways or thoroughfares of
the City of Muskegon, and no person who owns or controls a pedicab shall permit it to be so
driven or operated unless the pedicab vehicle is in compliance with all of the requirements of this
section.
(1) All pedicab owners must have each pedicab vehicle inspected by a bike mechanic
prior to operation. All pedicab vehicles must be constructed for and have the
structural integrity to support pedicab operations. Each pedicab vehicle must be
equipped with the following:
(a) Tires. Tires shall be of a size appropriate for the pedicab with no mismatched
tires. There shall be no cuts to the tire, localized worn spots that expose the ply,
or visible tread wear indicators.
(b) Operation bell or horn. The pedicab shall be equipped with a fully operational
bell or horn
(c) Brakes. It shall be unlawful for a licensee to operate, or cause to be operated, a
pedicab that is not equipped with front and rear braking system capable of
being manipulated by the licensee or pedicab operator from his normal position
of operation and is capable of causing a pedicab with full completement of
permitted passengers to come to a complete stop within a distance of fifteen
(15) feet from a speed of ten (10) miles pers hour in a linear path of motion
when each wheel of the pedicab is in contact with the ground on dry, level,
clean pavement. The braking system controlling the rear wheels shall be
hydraulic or mechanical disc or drum brakes which are unaffected by rain or
wet conditions.
(d) Headlights, tail lights, mirrors, turn signals and other requirements. Every
pedicab shall be equipped with the operational equipment set forth in the
subsections below:
i. A headlight capable of projecting a beam of white light for a distance at
a minimum of three hundred (300) feet which shall be clearly visible
during darkness and must be illuminated at all times during darkness.
ii. A side mounted mirror affixed to the pedicab to reflect to the pedicab
operator a view of the street for a distance of at least two hundred (200)
feet from the rear of the pedicab.
iii. A red tail light and brake light affixed to the rear of the pedicab which
must be visible for a distance of at least five hundred (500) feet from the
rear of the pedicab and must be illuminated at all times during darkness.
Turn signals must be affixed to the front and rear of the vehicle.
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iv. Reflectors placed on each wheel and at each corner of the body of the
pedicab.
v. Any other equipment required to comply with all applicable federal and
state laws.
vi. A pedicab must not have any crack, broken or missing parts, or other
visible damage. All wheels must be firmly attached to the hub of the
vehicle and all springs, axels, and supporting structures of each pedicab
vehicle must me in tact.
(2) Each pedicab owner shall, at all times, keep each pedicab vehicle clean and free of
refuse and in safe operating condition. Prior to the operation of any pedicab and at
the beginning of each shift or each day of operation, the pedicab owner shall
thoroughly inspect the pedicab for safe operating conditions. For any condition found
then or at any other time that will prevent the safe operation of the pedicab, the owner
shall immediately remove the pedicab from service and correct the condition before
the pedicab is returned to service.
(3) Each pedicab owner shall at all times maintain a policy of liability insurance in the
minimum amount of two million dollars ($2,000,000.00) for personal injuries, and
property damage arising out of permitted operations. The policy shall directly protect
the City of Muskegon, its officers and employees and agents as additional named
insureds, and shall provide that the insurance be primary insurance and that no other
insurance purchased by the City will be called on to contribute to a loss covered by
said policy. The policy shall further provide ten (10) days’ notice of cancellation or
material change to the City’s designated agent. Each owner and operator shall further
agree to hold the City harmless for any liability or claim arising out of his or her
operation that is not covered by the required insurance. Any deviation from the listed
insurance coverage is subject to the approval of the City of Muskegon.
(4) If a pedicab is involved in a crash, the pedicab operator shall immediately notify the
pedicab owner and the police department and remain at the scene until the crash is
investigated by the police. The pedicab owner shall submit a full written report on
the condition of the pedicab vehicle to the City Clerk’s office within 72 hours after
the occurrence. Before operating the pedicab vehicle again, the pedicab owner shall
have the vehicle re-inspected by a bike mechanic.
Sec. _______.- Application For Operating Permit.
(1) The operating permit application form shall be prescribed by the City.
(2) Any application that does not include all information requested by the application
form or is not supported by the materials required by this Chapter shall be denied.
(3) The application form shall require the following information:
(a) The applicant’s full name and residence address;
(b) The applicant’s date of birth;
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ORDINANCE.DOCX
(c) The applicant’s Michigan driver’s license number;
(d) the routes of all pedicabs, which may be approved or rejected, in whole or in
part, by the City Manager; and
(e) Such other information as the City may require.
(4) The applicant shall provide the following material to complete the application;
(a) Valid Michigan driver’s license;
(b) Two recent color passport-sized photographs;
(c) Such other material as the City may require.
Sec. ____ - Pedicab Identification Number and Decal.
(1) It is unlawful for any owner to lease, rent or allow a pedicab to be operated for hire
without first having obtained a decal issued by the City. The decal shall be affixed on
the lower left rear side of the pedicab.
Sec. ____ - Fees.
The annual license fee shall be $100.
Sec. ______. – Grounds For Denial, Suspension or Revocation of License.
Any license issued under this Chapter shall be subject to suspension or revocation by the City
Clerk for violation of, or for committing, causing or permitting another to commit or cause a
violation of any provision of federal or state law or this Code or for any grounds that would
warrant the denial of such licenses in the first instance. Pedicab owners shall be jointly and
severally responsible with the pedicab operators for any violation or any provision of federal or
state law or this Code.
Prior to revocation of any license issued under this Chapter, the licensee shall be intitled to a
hearing as provided for in Section 50-43 and 50-44 of this Code.
Sec. ___ - Preliminary Breath Test.
A peace officer who has reasonable cause to believe that a person is or was operating a pedicab
upon a public highway or other place open to the public or generally accessible to a pedicab,
including an area designated for the parking of vehicles, and that the person by the consumption
of alcoholic liquor may have affected his or her ability to operate a pedicab may require the
person to submit to a preliminary chemical breath analysis. A pedicab operator who refuses to
take or fails to properly take a preliminary chemical breath analysis as required by this Section is
a violation of this Code. In this instance, the pedicab operator will cease operations and
coordinate with the pedicab company owner to retrieve the vehicle or replace the operator.
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Sec. ____ - Penalty. (Need to decide which)
A violation of any provision of this Chapter shall constitute a Municipal Civil Infraction, which
upon an admission or finding of responsibility shall carry a minimum fine of $100.00, which
shall increase to $250.00 after the first 14 days after the date of the violation, and to $500.00
after 21 days after the date of the violation.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____ day of _______________, 2021, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2021
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2021, the City Commission of the City of
Muskegon 3a adopted Chapter 58, Article I, Section 58-1 of the Muskegon City Code,
summarized as follows:
1. TO BE COMPLETED IN THE FUTURE
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published: _________________, 2021 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 58 Article I of the Code of Ordinances of the City of Muskegon, Michigan,
Section 58-1 is amended to read as follows:
Sec. 58-1 Consumption or possession of alcoholic liquors in parks and playgrounds.
(a) Except within premises licensed pursuant to state law, the Greater Muskegon
Jaycee’s Launch Ramp, Grand Trunk Launch, Hartshorn Marina, Fisherman’s
Landing, or so long as the alcohol stays within 2 feet of the pedicab while
participating in a pedicab as licensed pursuant to Section ____, no person
shall consume any alcoholic liquor or have in his possession an open
receptacle containing any alcoholic liquor in any park or playground owned,
operated or supervised by the city.
(b) Any person who violates any provision of this section shall be responsible for
a municipal civil infraction.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
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PERMIT ALCOHO.DOCX
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____ day of _______________, 2021, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2021
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\082421\30C_13Z5641-AMEND SEC. 58-1;
PERMIT ALCOHO.DOCX
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2021, the City Commission of the City
of Muskegon 3a adopted Chapter 58, Article I, Section 58-1 of the Muskegon City Code,
summarized as follows:
1. TO BE COMPLETED IN THE FUTURE
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published: _________________, 2021 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
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PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2021\082421\30C_13Z5641-AMEND SEC. 58-1;
PERMIT ALCOHO.DOCX
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 24, 2021 Title: Request for Proposal Approval for YEP
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services
Brief Summary: Community and Neighborhood Services is requesting permission to grant funds of
$20,000 to Community enCompass for their YEP Project which provides youth with work and
educational experience.
Detailed Summary: This item was brought before the City Commission on June 8, 2021. The
Community and Neighborhood Services Department allowed organizations to request funds from
their Community Development Block Grant for various eligible programs. Bethany Housing
Ministries dba Community enCompass applied for funds for their Youth Empowerment Project
(YEP) for work and educational experiences throughout the year. Commissioner Ramsey is
employed by Community EnCompass and did disclose a Conflict of Interest, as required by HUD
Guidelines. The Conflict Statement was posted on the city’s website and the city’s Facebook page
and the conflict was stated in the minutes. However, HUD requires that the nature of the conflict
also be disclosed on the agenda, in the minutes, and that there be discussion at the meeting
regarding the conflict.
Because the Conflict of Interest was not disclosed to the HUD specified guidelines, this item is
being brought back before the City Commission for consideration. For our August 24, 2021
meeting, the Conflict of Interest Statement from Commissioner Michael Ramsey was posted on the
City’s website and a link to the Conflict Statement was posted to the City’s Facebook page on
August 17, 2021. Commissioner Ramsey is employed by Community enCompass and has
disclosed a conflict of interest which arises because Michael Ramsey is either in a decision-making
position or in a position to gain inside information and the conflict must be disclosed when there is
a financial benefit. Commissioner Ramsey will recuse himself from voting on this item due to the
stated conflict. This item must receive six affirmative votes to pass.
Amount Requested: $ 20,000.00 Amount Budgeted: $ 20,000.00
Fund(s) or Account(s): CDBG Fund(s) or Account(s): 2019
Recommended Motion: To approve the Agreements with Bethany Housing Ministries dba
Community enCompass.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
I do not foresee any indirect benefit from the City funding this program. I have no knowledge as
to whether any of the money proposed for this program would go towards general operating
expenses of Community enCompass. Fmiher, it would be unlikely that anyone pmiicipating in
one of my programs would also benefit from the YEP Youth Program.
I have had no involvement or discussions with the city of Muskegon's staff or Community
enCompass' staff, concerning this matter.
If you have any questions, please feel free t
C:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/27/2021 Title: Motion to Remove Rezoning of 1128
Roberts from the Table
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: At the City Commission Meeting held July 27,2021 this item was tabled
indefinitely. This item is back on the agenda for tonight and needs to be removed from the table.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To remove the item of Rezoning at 1128 Roberts Street from the table for further consideration.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 7/27/21 Title: Rezoning of 1128 Roberts St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 1128 Roberts St from R-1 Single-Family
Residential Low Density to MC Medical Care, by Fresh Coast Alliance.
Detailed Summary: The Planning Commission unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use permit, contingent upon
the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission requested to
prepare a separate agreement that would limit intensive medical zoning uses at the location.
Please see the proposed Conditional Zoning Agreement below.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To (approve/deny) the request to rezone the property at 1128 Roberts St
from R-1 Single-Family Residential Low Density to MC Medical Care,
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Planning Commission Excerpt
SUMMARY
1. The property is zoned R-1, Low Density Single Family Residential.
2. The lot measures 2.3 acres and has an existing building that measures 15,500 feet.
3. Please see the enclosed attachment from the applicant regarding their current and proposed uses. They
are currently operating out of a portion of the building for social support and community benefit purposes
related to the church. They are proposing to use the vacant land on site to develop two housing units for
inpatient recovery support services.
4. A small 535 sf addition is proposed to the existing building.
5. The two proposed housing units would both measure 4,772 sf and include parking lot additions. It would
also include the addition of a garage. The Muskegon County Drain Commissioner would have to approve
the stormwater plan for these additions.
6. Both uses would require a rezoning to Medical Care. Any use that involves lodging of people requires a
special use permit.
7. Notice was sent to applicants within 300 feet of the property. At the time of this writing, staff had received
several emails (enclosed) in support of the project, however, none of them appear to be residents of the
neighborhood.
Existing building on site, north side of property
Vacant property on south side of property
Zoning Map
Aerial Map
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 1128 Roberts St from R-1, Single
Family Low Density Residential to MC, Medical Care
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1128 Roberts St from R-1, Single
Family Low Density Residential to MC, Medical Care
CITY OF MUSKEGON SEC 28 T10N R16W S 128 FT OF N 966 FT OF E 5 ACRES OF W 10 ACRES NW 1/4 NE
1/4 ALSO E 132 FT OF W 165 FT NW 1/4 NE 1/4 SD SEC EXC N 661.6 FT NW 1/4 NE 1/4This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 1128 Roberts St from R-1 to MC)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby
certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 24th day of August, 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 August 24, 2021, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1128 Roberts St from R-1 to MC:
CITY OF MUSKEGON SEC 28 T10N R16W S 128 FT OF N 966 FT OF E 5 ACRES OF W 10 ACRES NW 1/4 NE
1/4 ALSO E 132 FT OF W 165 FT NW 1/4 NE 1/4 SD SEC EXC N 661.6 FT NW 1/4 NE 1/4
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
CONDITIONAL REZONING AGREEMENT
This Conditional Rezoning Agreement (the “Agreement”) is made this ______ day
of August, 2021 (the “Effective Date”), by and between the City of Muskegon, a Michigan
Municipal Corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49443
(the “City”), and Fresh Coast Alliance, Michigan non-profit corporation with offices at 1190
E. Apple Avenue, Muskegon, Michigan 49442 (“FCA”).
RECITALS
WHEREAS, the City is organized and existing under and pursuant to the Michigan
Home Rule Cities Act MCL 117.1 et. al. and exercising all of the powers provided for
therein and pursuant to the laws of the State of Michigan.
WHEREAS, FCA is a non-profit corporation in good standing in the State of
Michigan and is authorized to conduct business pursuant to the laws of the State of
Michigan.
WHEREAS, FCA has entered into two purchase agreements, one agreement with
Church in the City of Muskegon and the other agreement with Unlikely 3, LLC (collectively
“Current Owners”) to purchase 2.33 acres of real property located at 1128 Roberts, City
of Muskegon, County of Muskegon, State of Michigan, which is currently zoned R-1 (as
depicted and legally described in Exhibit A attached hereto and incorporated herein, the
“Property”).
WHEREAS, under and pursuant to Section 405 of the Michigan Zoning Enabling
Act, 2008 PA 110, as amended (codified at MCL 125.3405 et. seq. “Zoning Act”), certain
conditions voluntarily offered, including an agreement between the City and FCA, may
become a condition of rezoning the Property.
WHEREAS, on or about June 23, 2021, FCA with the consent of the Current
Owners submitted to the City, (1) an application (“FCA Application”) to rezone the
Property from Single-Family Residential Low Density (“R-1”) to MC Medical Care District
(“MC”).
WHEREAS, on or about July 15, 2021 the City of Muskegon Planning Commission
(“Planning Commission”) conducted a public hearing regarding the FCA Application to
rezone the Property from R-1 to MC after which the Planning Commission unanimously
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recommended to the City of Muskegon City Commission (“City Commission”) to rezone
the Property to MC.
WHEREAS, on or about July 27, 2021 the City Commission conducted a meeting
(“City Commission Meeting”) which included the review and consideration of the Planning
Commission’s recommendation to rezone the Property from R-1 to MC.
WHEREAS, during the City Commission, FCA voluntarily offered conditions to the
rezoning of the Property from R-1 to MC in accordance the Zoning Act as more fully set
forth in this Agreement herein below.
WHEREAS, the conditions offered by FCA as contained in this Agreement were
not required by the City, rather they were offered voluntarily by FCA.
WHEREAS, the conditions contained in this Agreement as offered by FCA have
been confirmed by the City, to be compatible with the surrounding land uses and the goals
of preserving the character of the area and the promoting of public safety and welfare.
WHEREAS, FCA intends to develop and use the Property inclusive of the existing
building (“Existing Building”) as shown in Exhibit A for a treatment and rehabilitation
facility/center inclusive of substance abuse counseling/therapy, mental health
counseling/therapy, indoor and outdoor recreational facilities, behavioral therapy,
administrative offices, counseling services, life skill services, work training services,
community and family reclamation services collectively (“Treatment Services”), specialize
lodging facilities and services for persons undergoing Treatment Services (“Lodging
Use”), surface parking, related accessory uses, and such uses similar to the foregoing
uses (collectively the “FCA Use”).
WHEREAS, on or about June 23, 2021 FCA applied to the Planning Commission
for special land use approval for the Lodging Use (“Special Land Use Application”).
WHEREAS, on or about July 15, 2021 the Planning Commission conducted a
public hearing with regard to FCA’s Special Land Use Application and following the public
hearing unanimously granted special land use approval for the Lodging Use subject to
conditions which included the rezoning of the Property from R-1 to MC.
WHEREAS, the City has relied on FCA’s representations that it will act in
conformance with the conditions set forth in this Agreement, so that the development of
the Property will accomplish the above-stated goals and objectives of the City;
WHEREAS, the FCA has relied on the City’s representations that it will act in
conformance with the conditions set forth this Agreement, so that FCA will be able to
develop, construct and occupy the Property as authorized by this Agreement;
WHEREAS, on or about August ____, 2021 the City Commission voted to rezone
the Property from R-1 to MC subject to the terms and conditions contained in this
Agreement.
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AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals which are
incorporated in this Agreement and the mutual promises hereinafter set forth, the City
and FCA agree as follows:
1. USE OF PROPERTY. Subject to FCA obtaining (1) site plan approval as
provided by applicable law and the Muskegon Zoning Ordinance (“Zoning Ordinance”),
and (2) such other lawfully required and applicable permits and approvals, FCA shall be
entitled to develop, occupy and use the Property in accordance with the MC zoning and
as otherwise provided in the Muskegon Zoning Ordinance, (“Zoning Ordinance”)
including, but not limited to the FCA Use, provided however, that notwithstanding the
Zoning Ordinance to the contrary, the Property shall not be developed, used and occupied
with the following uses:
• Hospitals
• Animal hospitals
• Urgent care facilities.
• Medical laboratories and research facilities.
• Pharmacies.
• Medical appliance sales and servicing.
• Ambulance services and maintenance facilities.
• Parking decks.
• Mobile medical units.
• Surgical services.
• Power plants.
• Helipads, heliports and helistops.
2. ADVISORY BOARD. During the period that FCA occupies the Property for
the FCA Use, subject to the cooperation and agreement of the Sheldon Park
Neighborhood Association, FCA shall use reasonable efforts to establish and maintain
and advisory board (“Advisory Board”) with duly appointed representatives of the Sheldon
Park Neighborhood Association for the purpose of obtaining and maintaining a forum to
provide an open dialogue between FCA and the Sheldon Park Neighborhood with regard
to the FCA Use.
3. ZONING AMENDMENT DATE. Notwithstanding anything to the contrary,
the rezoning of the Property from R-1 to MC shall not take effect until such time as FCA
provides written notice to the City Attorney that FCA has acquired ownership of the entire
Property and taken occupancy of the Property in whole or in part (“Ownership Notice”).
The Ownership Notice shall include copies of the deeds to the Property in the name of
FCA. In the event that FCA does not take ownership of the entire Property and
commenced occupany of the Property in whole or in part within three hundred sixty five
(365) days from the Effective Date, , this Agreement shall be deemed null and void and
the rezoning from R-1 to MC shall not take effect and the Property shall remain zoned R-
1.
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4. AGREEMENT CONTROLS. To the extent any provision of this Agreement
directly conflicts with the Zoning Ordinance and/or any amendment to the Zoning
Ordinance or with any City code and/or other ordinance of the City, the provisions of this
Agreement shall control the development, construction, use and occupancy of the
Property.
5. AGREEMENT CONSISTENT WITH POLICE POWERS. The action of the
City in entering into this Agreement is consistent with land use and police power
objectives of the City.
6. DEFAULT. In the event that FCA or the City is in default/breach of this
Agreement, and such default/breach is not cured within thirty (30) days of written notice
of such default/breach, or the cure has not commenced within 30 days of such written
notice of default/breach where the cure cannot be achieved in said 30 days, the non-
defaulting party shall have the right to seek and obtain such remedies as provided by
law and/or equity (in a court of proper jurisdiction in the State of Michigan), including, but
not limited to any and all damages arising from and related to the default/breach and/or
specific performance/injunctive relief as the non-defaulting party shall be deemed to have
suffered irreparable harm arising from said default/breach.
7. DURATION. The approval of the MC rezoning and this Agreement shall be
binding upon and inure to the benefit of FCA and the City, and also their respective
grantees, vendees, trustees, heirs, tenants, successors, assignees, receivers and
transferees. FCA is deemed to have vested rights to develop the Property pursuant to
this Agreement and any rezoning of the Property by the City prior to construction on the
Property shall not terminate Developer’s vested right to develop, construct and use the
Property as authorized by this Agreement. Provided that all development and use of the
Property is in compliance with this Agreement, a use and development hereby authorized
may continue indefinitely and shall be deemed lawfully conforming with the Zoning
Ordinance and any amendment to the Zoning Ordinance. This Agreement shall not
preclude the City from lawfully rezoning the Property provided that all uses and
development on the Property pursuant to this Agreement shall be deemed lawfully
conforming to any zoning amendment to the Zoning Ordinance. The terms of this
Agreement shall not be deemed to prevent the Developer and/or its successors, grantees,
transferees and assigns from developing, reconstructing, redeveloping and occupying the
Property for such other uses, and buildings as are permitted and authorized in
accordance with applicable law including the Zoning Ordinance.
8. ENTIRE AGREEMENT. This Agreement, the exhibits attached hereto, if
any, and the instruments which are to be executed in accordance with the requirements
hereof set forth all the covenants, agreements, stipulations, promises, conditions, and
understandings between the City and FCA concerning the Property as of the date hereof,
and there are no covenants, agreements, stipulations, promises, conditions or
understandings, either oral or written, between them other than as set forth herein.
9. RELATIONSHIP OF THE PARTIES. The relationship of the City and FCA
shall be defined solely by the expressed terms of this Agreement, including the
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implementing documents described or contemplated herein, and neither the cooperation
of the parties hereunder nor anything expressly or implicitly contained herein shall be
deemed or construed to create a partnership, limited or general, or joint venture between
the City and FCA, nor shall any party or their agent be deemed to be the agent or
employee of any other party to this Agreement.
10. MODIFICATION. This Agreement may only be modified or amended by a
written instrument expressly duly and lawfully approved and executed by the City and
FCA.
11. MICHIGAN LAW TO CONTROL. This Agreement and the rights and
obligations of the parties hereunder shall be construed in accordance with Michigan law.
12. DUE AUTHORIZATION. The City and FCA each warrant and represent to
the other that this Agreement and the terms and conditions thereof have been duly
authorized and approved by, in the case of the City, its City Commission, and all other
governmental agencies whose approval may be required as a precondition to the
effectiveness hereof, and as to FCA, by the appropriate officers of the corporation, and
that the persons who have executed this Agreement below have been duly authorized to
do so.
13. NO PERSONAL LIABILITY. The obligations hereunder of the City and
FCA shall constitute solely the obligations of the respective entities to be satisfied solely
from their respective assets, and no officer, City Commissioner, Mayor, agent, employee,
or partner of any of said entities shall have any personal obligation, responsibility, or
liability for the performance of the terms of this Agreement.
14. AGREEMENT TO RUN WITH THE LAND; RECORDING. This Agreement
shall be binding upon and inure to the benefit of the parties to this Agreement and their
respective heirs, successors, assigns and transferees, and shall run with the Property.
This Agreement shall be recorded by FCA at its expense with the office of the Muskegon
County Register of Deeds and a copy provided to the City.
15. COUNTERPARTS. This Agreement may be signed in counterparts and
pages containing original signatures shall be attached to the Agreement with photocopies
and scanned signatures of the Developer and City hereto, shall be deem duplicate
signatures.
16. NOTICE. Notices required by this Agreement shall be sent by either
certified mail return receipt requested or by a nationally recognized overnight delivery
company. Notice to the City shall be sent to City Manager, City of Muskegon at the
address and by e-mail to Frank.Peterson@shorelinecity.com and notice to FCA shall be
sent to Joseph Whalen, Fresh Coast Alliance at the address written above and by e-mail
to joew@freshcoastalliance.org.
SIGNATURES TO THE AGREEMENT ARE ON THE FOLLOWING TWO PAGES
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SIGNATURE PAGES TO CONDITIONAL REZONING AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Conditional
Rezoning Agreement on the date first set forth above.
City of Muskegon
By:_____________________________
Stephen J. Gawron
Its: Mayor
And:
By:_____________________________
Ann Meisch
Its: Clerk
State of Michigan )
) ss
County of Muskegon )
On this _____ day of ___________, 2021, before me personally appeared
Stephen J. Gawron, Mayor of the City of Muskegon, and Ann Meisch, Clerk of the City of
Muskegon, to me known to be the persons described in and who executed the foregoing
Agreement and acknowledged before me that they executed the same as their free act
and deed.
________________________________
Printed Name: ____________________
Notary Public; ___________ County, MI
Acting in Muskegon County, Michigan
My Commission expires: __________
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Fresh Coast Alliance
By: __________________________
Joseph Whalen
Its: Executive Director
State of Michigan )
) ss
County of Muskegon )
On this ___ day of ______, 2021, before me personally appeared Joseph Whalen,
Executive Director on behalf of Fresh Coast Alliance, to me known to be the person
described in and who executed the foregoing Agreement and acknowledged before me
that he executed the same as his free act and deed.
________________________________
Printed Name: ____________________
Notary Public; ___________ County, MI
Acting in Muskegon County, Michigan
My Commission expires: __________
Jointly Drafted By Fresh Coast Alliance
and the City of Muskegon
and after recording return to:
Timothy A. Stoepker
Dickinson Wright PLLC
200 Ottawa Avenue NW, Ste.1000
Grand Rapids, Ml 49503
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Exhibit A
Legal Description of Property
The South 128 feet of the North 966 feet of the East 5 acres of the West 10 acres of the Northwest
¼ of the Northeast ¼ of Section 28, Town 10 North, Range 16 West, City of Muskegon, Muskegon
County, Michigan. Also the East 132 feet of the West 165 feet of the Northwest ¼ of the Northeast
¼ of said Section, except the South 190 feet thereof. Also except the North 661.6 feet of the
Northwest ¼ of the Northeast ¼ of said Section.
and
The South 190 feet of the East 132 feet of the West 165 feet of the Northwest ¼ of the Southeast
of Section 28, City of Muskegon, County of Muskegon, State of Michigan
4811-5216-5110 v1 [91972-1]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/24/2021 Title: Gift Card Committee Update
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: The Committee has not met in several months, but staff have been working on the
strategy last agreed upon and have some updates to share.
Detailed Summary:
The committee last met before the most recent surge of Covid-19, and agreed that it was not the
appropriate time to inquire about any restaurants refunding any gift card purchases, though this
remains an option going forward. We have been working with several private sector partners that
are supportive of the program in an effort to “sponsor” a percentage of the total gift card value,
effectively buying them and not using them. This would allow the City to sell the remaining cards to
the public at a reduced rate, passing on that sponsorship to people who would use the gift cards.
We would release these sales in several phases over the coming months/years, so as not to flood
the market with comped business for the restaurants. We also propose continuing to allow staff to
use them as cost offsets for the city, such as buying meals for election worker training and other
functions where the organization provides meals. At this time, we are working on getting signatures
on a letter of intent from donors towards the sponsorship program.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: N/A
For City Clerk Use Only:
Commission Action:
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