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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 22, 2022 @ 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: Pulaski Lodge Recognition □ PUBLIC COMMENT ON AGENDA ITEMS: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Beukema Park Pavilion Public Works C. Pavement Markings Public Works D. Street Sweeping Public Works E. Aggregates, Highway Maintenance Materials, and Ready-Mixed Concrete Public Works F. Social District Permit Recommendation Economic Development □ PUBLIC HEARINGS: A. Recommendation for Annual Renewal of Liquor Licenses City Clerk B. MDNR Grant Applications Public Works C. Commercial Rehabilitation District – 2725 Olthoff Drive – Northern Biomedical Research Planning □ UNFINISHED BUSINESS: A. Summer Concert Series, Social Sandbox Economic Development Page 1 of 2 B. Rezoning 653 Yuba Street Planning – 2nd Reading C. Amendment to the Marihuana Facilities Overlay District – Temporary Marihuana Events at 1800 Peck Street Planning – 2nd Reading □ NEW BUSINESS: A. Adelaide Pointe Development Agreement Restated Economic Development □ ANY OTHER BUSINESS: □ PUBLIC COMMENT ON NON-AGENDA ITEMS: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the February 22, 2022 Regular Meeting and the February 28, 2022 Special Meeting. Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 22, 2022 @ 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, Michigan at 5:30 p.m., Tuesday, February 22, 2022. Reverend Diane Stark, Unity Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Teresa Emory, Rachel Gorman, Rebecca St.Clair, Eric Hood, and Michael Ramsey, City Manager Franklin Peterson, City Attorney John Schrier, and Deputy City Clerk Kimberly Young. PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received. 2022-14 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the January 25, 2022 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. B. Sale – 760 Leonard Economic Development SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned home at 760 Leonard in Jackson Hill to Brittany Alexander. The City is constructing this single family detached home as part of our infill housing program. Our contract to construct two homes was for $425,000, and the estimated finished costs of this home will be $215,000. We also anticipated $12,900 in sales commissions. The accepted purchase price is $206,000, and the incurred sales commissions are $10,000, and sellers’ concession of $6,000. The City will not contribute funds toward closing costs outside of seller’s concession and agent commission. The proceeds of this home will repay a portion of the Priority related Investment made by the Community Foundation for Muskegon County. The sale of the second home in this project should repay the remainder, and any additional funds will reimburse the Economic Development Fund for the Page 1 of 11 $75,000 investment in the project. STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the sale of 760 Leonard Street, as described in the purchase agreement, and for the Mayor and Clerk to sign the deed. C. Peck Street – Change Order #006 Public Works SUMMARY OF REQUEST: Staff is requesting approval of Change Order #006 on the Peck Street project as the overall project has exceeded staff approval levels for change orders. Change order #006 represents final balancing of all items on the project and will bring the project to a close. Change order #006 requests a net increase to the project of $100,647.98 above the previously approved requests. This change order will result in the following final values for the project: As-Bid Cost = $3,481,438.91 Final Cost = $4,186,417.34 Net Change = $704,978.43 (20.2% increase) As a note of clarification, several of the previously approved change orders were the result of additional work undertaken at the request of Muskegon Public Schools to facility utility relocations for capital projects at the High School and Middle School sites. Of the $$704,978.43 net increase to the project it is expected that MPS will reimburse the City $467,454.93 resulting in the true cost increase of the project really being $237,523.50 (6.8% Increase). This increase is still slightly above the 6% budgeted contingency on the projects and will require a slight reforecast adjustment in the future. It should be noted that this project was bundled and bonded in conjunction with the Amity Avenue project (92009). The Amity Avenue project is nearing final closeout and is on track to be finalized at or slightly below the as-bid amount resulting in nearly all of the budgeted 6% contingency from the project being able to cover the slight overrun on Peck Street. AMOUNT REQUESTED: $100,647.98 AMOUNT BUDGETED: $63,090.94 (Remaining Contingency 92010) FUND OR ACCOUNT: 202/590/591/92010 STAFF RECOMMENDATION: Authorize staff to approve Change Orders #006 to Project 92010 in the amount of $100,647.98 for the additional work as noted. D. Western Avenue Fifth to Third Parking Lane Improvements – Contract Award Public Works SUMMARY OF REQUEST: Staff is requesting authorization to approve a contract with Anlaan Corporation in the amount of $332,863.00 Page 2 of 11 Bids were solicited for a construction project to improve the parking lane along Western Avenue, between Fifth and Third. Anlaan provided the low bid. The bid tabulation sheet is in the packet. Two alternates were also solicited. Alternate #1 is a different type of bollard post system. Alternate #2 is a different concrete surface finish and texture. The base bid is the preferred construction method, therefore staff recommends acceptance of the base bid and rejection of the alternates. AMOUNT REQUESTED: $332,863.00 AMOUNT BUDGETED: $300,000 Upcoming Forecast FUND OR ACCOUNT: 101-91116 & 202-92201 STAFF RECOMMENDAITON: Authorize staff to approve a contract with Anlaan Corporation in the amount of $332,863.00. E. Hartshorn Marina Village Brownfield Repayment City Manager SUMMARY OF REQUEST: Staff is seeking approval of the repayment schedule for the Hartshorn Marina Village Brownfield project. In 2020 the City Commission authorized the issuance of up to $8 Million in general obligation bonds for a number of municipal projects. One of the projects included was the infrastructure for Hartshorn Marina Village. The $600,000 expense was to be repaid via Brownfield tax capture. The Brownfield is approximately two years behind schedule as the developers have dealt with various environmental issues. This delay has left the Brownfield Fund with inadequate cashflow to cover the debt payments today, and we expect that will be the case for the next 1-2 years as well. The Finance Department has reviewed the obligations and is recommending that the General Fund assume the debt obligation and make the payments. In return, the General Fund will retain the tax capture to reimburse itself with interest over the life of the Brownfield. An amortization schedule is provided in the packet. Note that the $600,000 original principal has already incurred interest for one year, resulting in a starting balance above $600,000. STAFF RECOMMENDATION: Authorize the repayment schedule to reimburse the General Fund $600,000 plus 5% interest from the Brownfield Fund. F. Deficit Elimination Plan – BRA – Hartshorn Village (combined) Finance SUMMARY OF REQUESTON: To approve the Deficit Elimination plan and resolution for the Brownfield Redevelopment Authority (combined) and direct staff to submit plan to the State of Michigan. On June 30, 2021, the Brownfield Redevelopment Authority (combined) had a $567,040 deficit. Act 275 of Public Acts of 1980 requires the City to formulate a deficit elimination plan and submit it to the Michigan Department of Treasury. Page 3 of 11 The deficit elimination plan and resolution for the Brownfield Redevelopment Authority are provided. STAFF RECOMMENDATION: To approve the deficit elimination resolution for the Brownfield Redevelopment Authority Fund. H. Development Agreement LRS Enterprises Development Services/Economic Development SUMMARY OF REQUEST: Staff is seeking approval of the Development Agreement. LRS Enterprises was selected as one of four contractors for the ARPA-funded infill housing program. The goal of the program is to continue in-filling vacant lots in our core neighborhoods while ensuring the housing units are offered in a more affordable manner. There is not crystal-clear guidance from the US treasury related to required level of affordability, but we expect that a portion of the homes will be designated to families with incomes between 60% and 80% of AMI. The City will maintain ownership of the infill sites throughout the construction process, and will control the sale process. The City Commission will vote on each formal sale at the time of the sale – similarly to the Midtown Square projects. This will allow the City Commission more discretion in determining the depth of the affordability component of the program The most notable change from the model agreement previously presented to the City Commission in 2021 is the anticipated cost per house We have raised the maximum to $235,000 to address increases in materials. Access to housing at all levels of affordability is difficult now. We are in a prime position to lead the county in new housing, and I recommend that we do so. Note that the addresses are not included. There are hundreds of addresses to select from, but many were acquired via the tax foreclosure process and have title issues to address. Staff feels comfortable working with the builder to identify the most-appropriate building sites that have clear title. AMOUNT REQUESTED: $750,000 FUND OR ACCOUNT: State/Federal Grants STAFF RECOMMENDATION: Approve the agreement and authorize the City Manager to sign. K. Request for Water Utility Connection Fee Waiver Development Services/Economic Development SUMMARY OF REQUEST: The vacant filling station/winery building at 611 W. Clay is being redeveloped into a boutique hotel and is requesting a waiver of their water utility connection fees. Page 4 of 11 The long vacant and half constructed site at 611 W. Clay was once supposed to be a winery and restaurant space, and has sat vacant for several years. The new owners, Jeremy Garcia of Muskegon and Bryan Hamrick of Grand Rapids, have run into some cost overruns with their project due to construction materials and other factors, and are asking for the city commission to consider waiving their domestic and fire suppression utility hookup fees. A quote from DPW is provided in the packet. There is currently a moratorium on any sewer connection fee waivers and staff informed the owners of that fact so they are not requesting sewer hookup fees be waived. AMOUNG REQUESTED: $11,800 in fee waivers STAFF RECOMMENDATION: To approve the request by 611 W. Clay LLC to waive domestic water and fire suppression utility connection fees for the construction project at 611 W. Clay as presented. L. Precinct Boundary Changes City Clerk SUMMARY OF REQUEST: The City Commission adopted a resolution allowing certain precinct boundary changes on February 8, 2022. There is an additional change that needs to be made in order to avoid a county commission district split in precinct 11. This will not impact the balancing of wards as precinct 11 and 12 are in the same ward. Voters in Precinct 11 that live on Pine Grove and on the odd side of Winchester will be moved to Precinct 12. The County Commission boundary runs right down Winchester. Voters on the odd (west) side will be in County Commission District 4, those on the even (east) side will be in County Commission District 7. Due to the timeline for getting changes submitted to the State of Michigan, Bureau of Elections, we are seeking approval of the changes so that we can submit our revisions as soon as possible. The deadline for precinct boundary changes to be submitted for the May 3, 2022 Election is March 4, 2022. We would like to have the changes made before the May Election to allow for time to send new voter ID cards to voters in the City of Muskegon. Approximately 798 total voters (721 from previous changes and 77 from this change) will be assigned to new precincts and polling places. All voters will receive new ID cars to identify changes to Precinct, Ward, Polling Place, County Commission District, State House District, State Senate District, and Congressional District numbers Change #5 – move approximately 77 voters from Ward 4 precinct 11 to Ward 4 Precinct 12 – to avoid a County Commission District split in Precinct 11. STAFF RECOMMENDATION: To concur with the recommendation of the City of Muskegon Election Commission and adopt the resolution to alter precinct boundaries. Page 5 of 11 M. Unmarked Police Vehicle Lease Plan Public Safety SUMMARY OF REQUEST: Unmarked Police Vehicle Lease Plan with Hertz Rental Cars. Due to the State of Michigan discontinuing the WHEELS Program mid-year, four (4) unmarked vehicles assigned to our undercover detectives have ben returned to the State of Michigan. Replacement vehicles need to be in service by 2. 24. 2022. Cost per replacement lease vehicle including maintenance and other flex options is approximately $700 per vehicle ($2,800 per month). This lease program will be in place until the end of this current budget year. Fleet insurance and fuel costs will still be sustained by the City of Muskegon. AMOUNT REQUESTED: Already in 21/22 budget AMOUNT BUDGETED: $13,125 FUND OR ACCOUNT: 101-40301-4363 STAFF RECOMMENDATION: To approve the lease with Hertz Rental Car for unmarked Police Vehicles. Motion by Commissioner Gorman, second by Vice Mayor German, to accept the consent agenda as presented, minus items G, I, and J. ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman Nays: None MOTION PASSES 2022-15 REMOVED FROM CONSENT AGENDA: G. Development Agreement Williams Construction Development Services/Economic Development SUMMARY OF REQUEST: Staff is seeking approval of the Development Agreement. Williams Construction was selected as one of four contractors for the ARPA- funded infill housing program. The goal of the program is to continue in-filling vacant lots in our core neighborhoods while ensuring the housing units are offered in a more affordable manner. There is not crystal-clear guidance from the US treasury related to required level of affordability, but we expect that a portion of the homes will be designated to families with incomes between 60% and 80% of AMI. The City will maintain ownership of the infill sites throughout the construction process, and will control the sale process. The City Commission will vote on each formal sale at the time of the sale – similarly to the Midtown Square projects. This will allow the City Commission more discretion in determining the depth of the affordability component of the program Page 6 of 11 The most notable change from the model agreement previously presented to the City Commission in 2021 is the anticipated cost per house We have raised the maximum to $235,000 to address increases in materials. Access to housing at all levels of affordability is difficult now. We are in a prime position to lead the county in new housing, and I recommend that we do so. Note that the addresses are not included. There are hundreds of addresses to select from, but many were acquired via the tax foreclosure process and have title issues to address. Staff feels comfortable working with the builder to identify the most-appropriate building sites that have clear title. AMOUNT REQUESTED: $750,000 FUND OR ACCOUNT: State/Federal Grants STAFF RECOMMENDATION: Approve the agreement and authorize the City Manager to sign. Motion by Commissioner Emory, second by Commissioner St.Clair, to approve the agreement and authorize the City Manager to sign. ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and Emory Nays: None MOTION PASSES I. Development Agreement Kramer Builders Development Services/Economic Development SUMMARY OF REQUEST: Staff is seeking approval of the Development Agreement. Kramer Builders was selected as one of four contractors for the ARPA-funded infill housing program. The goal of the program is to continue in-filling vacant lots in our core neighborhoods while ensuring the housing units are offered in a more affordable manner. There is not crystal-clear guidance from the US treasury related to required level of affordability, but we expect that a portion of the homes will be designated to families with incomes between 60% and 80% of AMI. The City will maintain ownership of the infill sites throughout the construction process, and will control the sale process. The City Commission will vote on each formal sale at the time of the sale – similarly to the Midtown Square projects. This will allow the City Commission more discretion in determining the depth of the affordability component of the program The most notable change from the model agreement previously presented to the City Commission in 2021 is the anticipated cost per house We have raised the maximum to $235,000 to address increases in materials. Page 7 of 11 Access to housing at all levels of affordability is difficult now. We are in a prime position to lead the county in new housing, and I recommend that we do so. Note that the addresses are not included. There are hundreds of addresses to select from, but many were acquired via the tax foreclosure process and have title issues to address. Staff feels comfortable working with the builder to identify the most-appropriate building sites that have clear title. AMOUNT REQUESTED: $470,000 FUND OR ACCOUNT: State/Federal Grants STAFF RECOMMENDATION: Approve the agreement and authorize the City Manager to sign. Motion by Vice Mayor German, second by Commissioner Gorman, to approve the agreement and authorize the City Manager to sign. ROLL VOTE: Ayes: Johnson, Hood, Ramsey, German, Gorman, Emory, and St.Clair Nays: None MOTION PASSES J. Amendment to Community enCompass Infill Housing Agreement (EACH Program) Development Services/Economic Development SUMMARY OF REQUEST: A proposed amendment to the existing Development Agreement for low/moderate income infill housing. In an attempt to further our Economic Equity efforts and to create diversity of housing price points as we build infill, we have been working for quite some time with Community enCompass to construct and infill affordable and accessible owner occupied single family housing. Two of the three houses have been placed and we are working on identifying a third lot. Staff has come up with a strategy to substitute ARPA dollars for the HOME funds originally intended for this project, and in doing so reallocate those funds to a fourth accessible unity. The provided amendment clarifies the use of ARPA dollars rather than HOME Funds, and if approve staff will work on a proposed project to install the fourth house. All units would still be in the City’s Brownfield TIF and any losses at sale would be captures, and Community enCompass is still providing $320,000 of the total $570,000 construction costs for the original three homes, as well as down payment assistance and other potential services to income qualified buyers, below 80% AMI. AMOUNT REQUESTED: $250,000 AMOUNT BUDGETED: N/A (ARP Funds) STAFF REOCMMENDATION: To approve the amendment as presented and authorize the Mayor and Clerk to sign. Motion by Vice Mayor German, second by Commissioner Gorman, to approve Page 8 of 11 the amendment as presented and authorize the Mayor and Clerk to sign. ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and Johnson Nays: None MOTION PASSES 2022-16 UNFINISHED BUSINESS: A. Amendment to the Marihuana Facilities Overlay District – 1314 E Apple Avenue – 2nd Reading Planning SUMMARY OF REQUEST: Request to amend Section 2331 of the zoning ordinance to include 1314 E Apple Avenue into the Marihuana Facilities Overlay District with retail, provision centers and class B recreational grows as approved license types, by Lake Michigan Labs. The Planning Commission recommended approval of the request by a 6-1 vote. STAFF RECOMMENDATION: To approve the request to amend Section 2331 of the zoning ordinance to include 1314 E Apple Avenue into the Marihuana Facilities Overlay District with retail, provision centers, and class B recreational grows as approved license types. Motion by Commissioner Gorman, second by Commissioner Hood, to approve the request to amend Section 2331 of the zoning ordinance to include 1314 E Apple Avenue into the Marihuana Facilities Overlay District with retail, provision centers, and class B recreational grows as approved license types. ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and Hood Nays: None MOTION PASSES 2022-17 NEW BUSINESS: A. HBA Demolitions Public Safety 2123 Henry - Removed 507 E Apple 743 Amity 867 Scott SUMMARY OF REQUEST: The Housing Board of Appeals approved the demolition of 2123 Henry, 507 E Apple, 743 Amity, and 867 Scott Street. This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures located at 2123 Henry, 507 E. Page 9 of 11 Apple, 743 Amity, and 867 Scott, are unsafe, substandard, a public nuisance and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder or staff may issue infraction tickets to the owner, agent, or responsible party if they do not demolish the structure. FUND OR ACCOUNT: 101-80387-5356 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish 2123 Henry, 507 E Apple, 743 Amity, and 867 Scott. Motion by Vice Mayor German, second by Commissioner Ramsey, to concur with the Housing Board of Appeals decision to demolish 743 Amity. ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey Nays: None MOTION PASSES Motion by Commissioner Ramsey, second by Commissioner Hood, to concur with the Housing Board of Appeals decision to demolish 507 E. Apple. ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and German Nays: None MOTION PASSES Motion by Commissioner Ramsey, second by Vice Mayor German, to concur with the Housing Board of Appeals decision to demolish 867 Scott Street. ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman Nays: None MOTION PASSES B. Interim City Manager City Manager SUMMARY OF REQUEST: To appoint LeighAnn Mikesell as Interim City Manager effective April 1, 2022. Current City Manager has provided notice to the City Commission that he will be stepping down on April 1, 2022. Current Deputy City Manager LeighAnn Mikesell is prepared to step in as interim city manager. While serving in the interim city manager capacity, LeighAnn shall maintain her current salary and benefits plus an additional $300 salary stipend per week. In the event the Interim City Manager serves in that capacity beyond June 30, 2022, the salary and Page 10 of 11 benefits will be renegotiated. STAFF RECOMMENDATION: Appoint LeighAnn Mikesell as Interim City Manager effective April 1, 2022. Motion by Commissioner Ramsey, second by Commissioner Hood, to appoint LeighAnn Mikesell as Interim City Manager effective April 1, 2022. ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and Emory Nays: None MOTION PASSES ANY OTHER BUSINESS: Vice Mayor German recited a tribute honoring Ruby Bridges in recognition of Black History month. Ruby Nell Bridges Hall is an American civil rights activist. She was the first African-American child to desegregate the all-white William Frantz Elementary School in Louisiana during the New Orleans school desegregation crisis on November 14, 1960. PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 7:15 p.m. Respectfully Submitted, Kimberly Young, Deputy City Clerk Page 11 of 11 CITY OF MUSKEGON SPECIAL CITY COMMISSION MEETING Monday, February 28, 2022 - 2:30 p.m. Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440 In the Commission Chambers, Room 107 MINUTES Present: Mayor Johnson, Vice Mayor German, Commissioners Ramsey, Gorman, Emory, St.Clair, and Hood 2022-18 American Rescue Plan Act (ARPA) 1. Project Discussion, 2. Process and Strategy, 3. Communication Plan Staff updated the Commission on the City’s allocation of the federal American Rescue Plan Act (ARP) funds. Staff is seeking Commission input on a strategy for identifying and evaluating projects & ways to engage our neighbors to communicate these efforts. Many beneficial projects and investments that can and should be made with these funds – whether they are funded through our ARP allotment or other sources of stimulus funds. The City’s $22.8M ARP allocation does not meet all needs and we expect to be more strategic with our funding recommendations. A community needs survey was previously presented to gather initial community input. An internal team was assembled to work through the development of a strategy for identifying potential uses that the community would support and embrace. Additional funding sources outside of ARPA exist for many community needs, and a screening process should be used to test each option to ensure ARP is the best funding source. Staff also sought Commission input regarding communication with the public (presenting and receiving information) to ensure this once-in-a-lifetime funding creates the greatest long-term community benefit. Our focus is on the sustainability and longevity of using these funds. Adjourned: The Special Meeting of the City Commission adjourned at 5:03 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 03/22/2022 Title: Beukema Park Pavilion Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is requesting authorization to contract with Muskegon Quality Builders for the construction of a new pavilion at Beukema Park. Detailed Summary: Staff worked with the Marquette Neighborhood to develop an RFP for the construction of a new pavilion at Beukema Park. Staff then solicited bids for the construction of the specified pavilion. One (1) bid was received for the project from Muskegon Quality Builders. • Muskegon Quality Builders – $69,900.00 Staff reviewed the bid packet and consulted with a landscape architect to confirm that the bid pricing was appropriate given that only one bid was received. Staff is comfortable that the bid is complete and appropriately priced for the work scheduled to be completed. Construction would be scheduled for this spring/summer with a target completion date to allow for use of the pavilion during the National Night out in August. Amount Requested: $69,900.00 Amount Budgeted: $700,000.00 Less Reese Playground = $364,600.00 Less Beukema Playground = $220,568.25 Remaining = $114,831.75 Fund(s) or Account(s): 101-92126-5346 Fund(s) or Account(s): 101-92126-5346 Recommended Motion: Authorize staff to contract with Muskegon Quality Builders in the amount of $69,900.00 for the construction of a new pavilion at Beukema Park. 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: LAE Date: 3/2/2022 Engineering Department Project Number: 101-92126 Project description: BEUKEMA PARK PAVILION Engineer's Estimate: - Muskegon Quality Builders Line Item Pay Code Description Units Quantity Unit Price Total 1 N/A Shuffleboard Removal LSUM 1 $ 1,500.00 $ 1,500.00 2 N/A Site Grading LSUM 1 $ 1,000.00 $ 1,000.00 3 N/A 4" Concrete Slab LSUM 1 $ 9,000.00 $ 9,000.00 4 N/A Pavilion Construction LSUM 1 $ 42,000.00 $ 42,000.00 5 N/A Pavilion Electrical LSUM 1 $ 6,800.00 $ 6,800.00 6 N/A Mobilization / Cleanup / Etc… LSUM 1 $ 9,600.00 $ 9,600.00 BASE BID TOTAL: $ 69,900.00 Bid Tabulation 1 of 1 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Pavement Markings Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting authorization to contract with Michigan Pavement Markings, LLC for pavement marking services throughout the City during the 2022 construction season. Detailed Summary: The Muskegon County Road Commission regularly bids the installation of pavement markings for many municipalities in the County, including the City, and has done so again in 2022. The County received two bids; Michigan Pavement Markings, LLC was the low bidder and the County has awarded them a contract. Traditionally, the City has had linear pavement markings refreshed throughout the entire City each spring, and this year requests $25,525.00 to do so again, as detailed on the attached pricing sheet. This year, the Laketon corridor from Lakeshore to Creston, also needs to have the “special” markings refreshed (left turn arrows, crosswalks, stop bars, etc.) at a cost of $13,020.00 as detailed. The City regularly has reason to perform miscellaneous marking to change problem areas, to remark areas destroyed by construction work, and to refresh fading markings late in the season. Staff requests a 25% contingency on the contract ($9,636.25) to cover these costs. Amount Requested: $48,181.25 Amount Budgeted: $48,181.25 (FY22-23) Fund(s) or Account(s): 202-60440-5346 Fund(s) or Account(s): 202-60440-5346 Recommended Motion: Authorize staff to contract with Michigan Pavement Markings, LLC in the amount of $48,181.25 for pavement marking services throughout the City during the 2022 construction season. 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 BID FORM I 2; 22 SPECIAL PAVEME~T MARKl~GS i I CITY OF MUSKEGON ' ITEM UNIT ESTlrylATED UNIT PRICE QUANTITY ONLY - EACH LEFT TURN (LT) EACH 30.00 i 2d LEFT TURN/THRU (LT/TH) I EACH .5SJoo THRU ! EACH i THRU/RIGHT TURN (TH/RT) I EACH I 55.D0 RIGHT TURN (RT) EACH I - - I CENTERLINE ONLY (CL) EACH CHEVRON MARKING (6" WIDE) FEET 0 , ?S I WHITE DOTS (4" WIDE) FEET J, zS SCHOOL EACH RR (COMPLETE SYMBOL, INCLUDING EACH ~~T~~;v~~~::A~~~~puNDEDBY 6" CROSSWALK (6" CW) , FEET z I 10. o o ' /tJ, OtJO 0- b.5 12" CROSSWALK (12" CW) FEET /., 10 STOP BAR 24" (24" SB) FEET /. 15 STOP BAR 12" (12" SB) FEET /. /0 STOP BAR 18" (18" SB) FEET /• so '' I .. Reserves the right to specify sta,hdard or narrow RR markings I T'O'i~ L 8(D: $ l 3 ,0 2-.e>. DO Name of Firm MPfj,1 P.O./BOX 9673 1 Address A"i'¢)MIN8 1 Ml 49509 I _ _ _ _ _ _ _ __.,.i ___Zip_ _ __ Date:._ 1 ,2 _. Cl r- '"7 __,:.._ _ _/_ _ 1 Z., _ v___ Type Above Name & Title I 25 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Street Sweeping Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting authorization to contract with Tri-US Services, Inc. for street sweeping services throughout the City during the 2022 season. Detailed Summary: Tri-US Services has been performing street sweeping services for the City for the last 4 years based on a 2018 bid, with the 2021 year contracted under an optional extension to the original 3-year contract. For 2022, due to staff turnover and with the support of Tri-US Services, staff proposes a special purchase by extending the contract an additional year. Tri-US Services has agreed to extend their pricing from the 2018 bid, adding a 1.58% Fuel Surcharge, for a total of $255,000 for the City’s major and local streets. MDOT contracts with the City for sweeping of the trunklines within the City via reimbursement, and the City has historically used the same bid contract for trunkline sweeping. Due to the proposed contract extension/special purchase, MDOT requested that staff seek quotes for the trunkline portion of the contract. Staff solicited quotes from Tri-US Services, Sanisweep of Grand Rapids, and Curbco of Flint, the same companies that requested bid packages in 2018. Tri-US Services and Sanisweep submitted pricing, with Tri-US Services price of $18,315 being the same as their 2018 bid price, and the lowest received. Staff recommends the trunkline portion be awarded to Tri-US Services at $18,315 and MDOT will again reimburse the City for the trunkline portions. The total street sweeping contract request is $273,315 for the 2022 season, plus a charge of $150.00 per hour for special requests, used for things like events and construction sweeping. Amount Requested: $273,315.00 Amount Budgeted: $2,037,262 Fund(s) or Account(s): 101-60523-5300 Fund(s) or Account(s): 101-60523-5300 Recommended Motion: Authorize staff to contract with Tri-US Services, Inc. in the amount of $273,315.00 for street sweeping services throughout the City, including state trunklines, for the 2022 season. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: SANISWEEP, INC QUOTE 0-3450 RIVERHILL DR NW GRAND RAPIDS, MI 49534 DATE 2/23/2022 NAME / ADDRESS MUSKEGON, CITY OF 1350 E. KEATING MUSKEGON, MI 49442 ITEM DESCRIPTION SWEEPING 19.8 TRUNKLINE CURB MILES 31,680.00 4 SWEEPS PER YEAR $400/MILE (4 SWEEPS) Area A – To include all curbed and uncurbed paved streets and paved shoulders along Route M0046 (Apple Avenue from NB031 on-ramp west to Muskegon Avenue). Area B – To include all curbed and uncurbed paved streets and paved shoulders along Route BI096/US031 (“Seaway Drive/Shoreline Drive/Moses J. Jones Parkway” from Bayou Street to Sherman Boulevard) Total $31,680.00 Phone # Fax # E-mail 616-677-3028 616-677-1957 SANISWEEP2@AOL.COM Agenda Item Review Form Muskegon City Commission Title: Aggregates, Highway Maintenance Commission Meeting Date: March 22, 2022 Materials, and Ready-Mixed Concrete Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Award supply of aggregates, highway maintenance materials and ready-mixed concrete for 2022 to selected bidders. Detailed Summary: Bids were solicited for aggregates, highway maintenance materials and ready-mixed concrete for purchase in 2022. Purchases will be made from the recommended bidders listed in yellow on the attached bid tabs. Purchases are contingent upon product availability, timely deliveries, and prices as quoted. No bids were received for liquid chloride items, which are an important part of the City’s operations for snow removal and gravel road maintenance. Staff will be working to find sources for these items. Amount Requested: Varies by fund Amount Budgeted: Varies by fund Fund(s) or Account(s): 101, 202, 203, 590, 591 Fund(s) or Account(s): 101, 202, 203, 590, 591 Recommended Motion: Authorize staff to award bids for aggregates, highway maintenance materials and ready-mixed concrete for purchase during the 2022 construction season as presented. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Aggregates BID TABULATION March 8, 2022 Contractor Accurate Excavators, LLC VerPlank Trucking Co. McCormick Sand, Inc. Yellow Rose Transport Address 2821 Central Rd P.O. Box 8 5430 Russel Rd 3531 Busch Dr City/St Muskegon, MI 49445 Ferrysburg, MI 49409 Twin Lake, MI 49457 Grandville, MI 49418 Phone (231) 766-0557 (616) 842-1448 (231) 766-0466 (616) 534-0077 Deliver UNIT UNIT UNIT UNIT DESCRIPTION QUANTITY UNIT or Pickup PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE DEL $0.00 $24.45 $6,112.50 $0.00 $23.75 $5,937.50 1 32FA/H1 (Coarse stone-sand) 250 TON PU $0.00 $22.50 $5,625.00 $0.00 $0.00 2 Road Slag, 22A 5,000 TON DEL $0.00 $15.30 $76,500.00 $0.00 $15.20 $76,000.00 DEL $0.00 $13.50 $3,375.00 $0.00 $13.00 $3,250.00 3 Natural Road Gravel, 22A, 23A 250 TON PU $0.00 $0.00 $0.00 $0.00 DEL $0.00 $12.50 $3,125.00 $0.00 $12.85 $3,212.50 4 2NS Sand/Torpedo Sand 250 TON PU $0.00 $0.00 $0.00 $0.00 DEL $11.95 $5,975.00 $12.00 $6,000.00 $17.50 $87.50 $0.00 5 Screened Top Soil 500 CYD PU $9.00 $4,500.00 $0.00 $13.00 $65.00 $0.00 DEL $7.50 $15,000.00 $8.25 $16,500.00 $7.80 $46.80 $7.75 $15,500.00 6 Fill Sand (Class II or IIIA, Not Beach Sand) 2,000 CYD PU $3.95 $7,900.00 $0.00 $3.25 $19.50 $0.00 Highway Maintenance Materials BID TABULATION March 8, 2022 Contractor Unique Paving Mats. Bit-Mat Michigan Asphalt Paving, Inc. MI Paving & Materials Sherwin Industries Address 3993 E 93rd St 401 Tiernan Rd 1000 E. Sherman Blvd 1600 N. Elm 2129 W Morgan Ave City/St Cleveland, OH 44105 Bay City, MI 48706 Muskegon, MI 49444 Jackson, MI 49202 Milwaukee, WI 53221 Phone (216) 441-4880 (989) 684-0341 (231) 733-1409 (517) 740-4960 Deliver TOTAL TOTAL TOTAL TOTAL TOTAL DESCRIPTION QTY UNIT or Pickup UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE 38% Liquid Calcium Chloride 1 40,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00 32% Liquid Calcium Chloride 2 15,000 GAL DEL $0.00 $0.00 $0.00 $0.00 $0.00 Hot Mix Asphalt, 3C Base 3 200 TON PU $0.00 $0.00 $74.50 $14,900.00 $78.50 $15,700.00 $0.00 Hot Mix Asphalt, 4C Top 4 1000 TON PU $0.00 $0.00 $74.50 $74,500.00 $78.50 $78,500.00 $0.00 DEL $112.80 $22,560.00 $0.00 $0.00 $0.00 $0.00 5 Sylvax Patching Materials 200 TON PU $92.00 $18,400.00 $0.00 $115.00 $23,000.00 $0.00 $0.00 AE90 Asphalt Emulsion 6 20,000 GAL DEL $0.00 $2.92 $58,400.00 $0.00 $0.00 $0.00 DEL $0.00 $0.00 $0.00 $0.00 $0.5756 $28,780.00 7 Crack Sealant 50,000 LBS PU $0.00 $0.00 $0.00 $0.00 $0.00 Concrete BID TABULATION March 8, 2022 *Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”. It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra unload time. Contractor Port City Redi Mix Address 1780 Sheridan Rd City/St Muskegon, MI Phone 888-424-9800 DESCRIPTION UNIT UNIT PRICE UNIT PRICE 1 5 Sack Mix CU.YD. $116.00 2 6 Sack Mix CU.YD. $121.00 3 7 Sack Mix* CU.YD. $126.00 4 9 Sack Mix CU.YD. $136.00 5 Minimum Load # CU YD 2 CU.YD. 4-5 $90.00 CU.YD. 3-4 $90.00 6 Small Load charge, add CU.YD. 2-3 $120.00 CU.YD. 1-2 7 Separate location drop charge per drop $50.00 8 Extra Unloading Time $ per min Winter Price from __________ to __________ CY Dec - Mar $9.00 Winter Price from __________ to __________ CY Apr & Nov $5.00 Chloride - 1% CU.YD. $3.00 Chloride - 2% CU.YD. $6.00 Other charges Per Load $15.00 Fuel Surcharge Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 3-22-2022 Title: Social District Permit recommendation Submitted By: Dave Alexander Department: Economic Development Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control Commission permits of participating licensed establishments in the Downtown Muskegon Social District. Detailed Summary: With the establishment of the Downtown Muskegon Social District, participating licensed establishments must receive a Social District permit from the Michigan Liquor Control Commission. The MLCC must first receive a recommendation for approval from the City Commission before granting the permits. You recommended the Mercy Health Arena on Jan. 26, 2021 on the arena’s old license. With the new DDA license, the city needs to make a new social district permit application. City staff is seeking a Social District permit from the state and seeking City Commission recommended approval. There are new licensed establishments within the district that may file a Social District permit application in the future. Amount Requested: None Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the resolution recommending Michigan Liquor Control Commission approval of Social District permit in the Downtown Muskegon Social District and to direct the City Clerk to certify the City Commission action with the MLCC. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: THIS LICENSE SUPERSEDES ANY AND ALL OTHER LICENSES ISSUED PRIOR TO MARCH 4, 2022 BUSINESS ID: 0270140 FILE NUMBER: CITY OF MUSKEGON D/B/A MUSKEGON COUNTY 470 W WESTERN AVE, G-375 MUSKEGON, MI 49440 MUSKEGON CITY LICENSE # LICENSE: ACT: L-000436758 Class C MCL 436.1521A(1)B (NONTRANSFERABLE) TOTAL BARS: 11 OUTDOOR SERVICE AREA: ROOMS: DIRECT-CONNECTIONS: 1 PASSENGERS: PERMIT Entertainment, Participation(RAD DAD'S L.L.C.), Additional Bar(10), Direct Connection(1), Sunday Sales (AM), Sunday Sales (PM):Class C- Spirits & Mixed Spirit Drink 2021 LICENSE EFFECTIVE MAY 1, 2021 - EXPIRES APRIL 30, 2022 2022 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 1 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 10 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 2 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 3 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 4 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 5 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 6 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 7 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 8 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 BUSINESS ID: 0270140 PERMIT #: CITY OF MUSKEGON 22-1041 - 9 LICENSE #: Class C L-000436758 CITY OF MUSKEGON 470 W WESTERN AVE, MUSKEGON, MI 49440 10 2021 2022 CITY OF MUSKEGON 470 W WESTERN AVE MUSKEGON, MI 49440-1011 RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT PERMIT APPLICATON APPROVAL City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440 on the 22nd day of March, 2022 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by Commissioner ___________________ and supported by Commissioner __________________. WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social Districts within a Michigan city; and WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption worldwide and within our local business community; and WHEREAS, restaurants and bars, which have been key contributors to the historic redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the economic impact of the pandemic; and WHEREAS, increasing availability of outdoor spaces for dining and drinking will help downtown and its businesses recover; and WHEREAS, Public Act 124 of 2020 empowers local governments like the City of Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas where purchasers may consume and possess alcoholic beverages sold by multiple qualified Michigan Liquor Commission licensees who obtain Social District Permits; and WHEREAS, the City Commission has designated a Downtown Muskegon Social District and Common Area, and WHEREAS, the city has received requests from multiple qualified licensees to recommend approval of their Social District Permit applications by the Michigan Liquor Control Commission, and WHEREAS, the licensed establishments are contiguous to the Common Area within the Social District, and WHEREAS, the City Commission desires to recommend approval of the Social District Permit applications, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Social District Permit Applications from the following licensees are recommended by the City Commission to consideration and approval by the Michigan Liquor Control Commission: a. City of Muskegon, Mercy Health Arena, 470 W. Western, Muskegon, MI 49440 b. 2. The City Clerk is authorized and directed to provide each applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission. AYES: NAYS: RESOLUTION DECLARED APPROVED. Ken Johnson, Mayor Ann Marie Meisch, City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on March 22, 2022 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976 and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Ann Marie Meisch, City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Recommendation for Annual Renewal of Liquor Licenses Submitted By: Ann Meisch Department: City Clerk Brief Summary: To adopt a resolution recommending the State withhold renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non- compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 22, 2022, they will be removed from this resolution. Detailed Summary: Amount Requested: none Amount Budgeted: none Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To adopt the resolution. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: RESOLUTION RECOMMENDING STATE WITHHOLD RENEWAL OF LIQUOR LICENSES FOR CODE VIOLATIONS THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the attached business establishments in the City of Muskegon have liquor licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of Muskegon. AND WHEREAS, a hearing was held on March 22, 2022, before the City Commission to allow such licensees an opportunity to refute the determination of the City Commission that such establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission; and WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-Compliance to City Standards to the licensees has been filed; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon hereby recommends that these liquor licenses not be approved for renewal, and a copy of this Resolution be sent to the State Liquor Control Commission. If any of these establishments come into compliance by March 22, 2022, they will be removed from this Resolution. Approved and adopted this 22nd day of March, 2022. AYES: NAYS: By:_________________________________ Ann Marie Meisch, MMC City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22nd, 2022 Title: MDNR Grant Applications Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is seeking public/commission input and commission support for a formal resolution of support to submit two (2) grant applications to the Michigan Department of Natural Resources for Park Capital Projects by the April 1, 2022 deadline. Detailed Summary: Staff is proposing two projects for application in MDNR programs at the April 1, 2022 application deadline, as a requirement of the grant application we are soliciting feedback on the conceptual designs and commission support for the grant applications. Michigan Natural Resources Trust Fund Under the NRTF Program staff is proposing to apply for construction of a second restroom / concession facility at Pere Marquette Park. The facility would be located in the same location as the existing kite shack building. The conceptual layout would call for four (4) unisex family style restrooms, a concession area and a storage area. The conceptual site plan also identifies potential future additions of a pavilion, though that is not included in the grant request. The maximum grant amount is $300,000 and requires a minimum 50/50 match. The project estimate is $667,500.00 of which we are requesting the maximum grant amount with a $367,500 local match. Land and Water Conservation Fund Under the LWCF Program staff is proposing to apply for multiple improvements to the Grand Trunk Launch Ramp facility. The improvements would include paved parking, additional launch space and dockage, storm water improvements, accessible kayak launch, and trailhead improvements. The conceptual plan also includes construction of a restroom / fish cleaning station at the site at a future date, those features are not included in this grant proposal. The maximum grant amount through LWCF is $500,000 and requires a minimum 50/50 match. The project estimate is $1,000,000 of which we are requesting the maximum grant amount with a $500,000 local match. If the projects are selected for grant award construction could begin as early as 2024. Amount Requested: $0 Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To accept public comment and approve the resolution of support for the Natural Resources Trust Fund application and the resolution of support for the Land and Water Conservation Fund application and authorize the Mayor and Clerk to sign. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: City of Muskegon RESOLUTION OF SUPPORT MICHIGAN NATURAL RESOURCES TRUST FUND APPLICATION FOR PERE MARQUETTE PARK RESTROOM AND CONCESSION BUILDING WHEREAS, Muskegon City Commissioner supports the submission of an application titled, “Pere Marquette Park Restroom and Concession Building” to the Michigan Natural Resources Trust Fund for development of a new restroom and concession facility; and, WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks and Recreation Plan; and, WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount of $400,000 matching funds in cash and/or force account; and NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes submission of a Michigan Natural Resources Trust Fund Application for $300,000, and further resolves to make available its financial obligation amount of $367,500 of a total $667,500 project cost during a future fiscal year should the grant be awarded. Ayes: Nayes: Absent: Motion Approved. Dated this ______ of _______ 20__. ________________________________ Ken Johnson Mayor _________________________________ Ann Marie Meisch City Clerk BE MU SK AC EG ON HS LA KE SH TR OR ET E RA ET EXISTING IL PARKING LOT EXISTING BEACH EX EX LA IS T EX IS T KE ING IS T SH ING OR ING 30 E 2” DR ”W IV SA W 16’ WIDE MULTI USER TRAIL E AT AT NIT (To Be installed in Fall of 2022) ER ER AR LIN LIN YS E E EW ER LIN E IMPROVED UNIVERSALLY ACCESSIBLE PARKING (6 Spaces) BIKE RACKS LITTER AND RECYCLING SITE LIGHT CONTAINER (LED Light) LAKE MICHIGAN RESTROOM BUILDING UNLOADING ZONE (Approximately 633 S.F. Includes 4 Universally Accessible Family Rooms) CONCRETE PLAZA (With Sheet Pile Edge Protection) BENCHES PICNIC TABLES (With 1 Accessible Table) EXISTING BUILDING T REE (Renovate Existing Kite Shop, approx. 760 S.F.) T CH S BEA NOTE: GRANT ITEMS AREA BOXED PERE MARQUETTE BEACH RESTROOM SITE PLAN GRANT IMPROVEMENT PLAN 0’ 30’ 60’ 120’ DATE 02.28.2022 PROJECT NO. MUSKEGON, MICHIGAN 2146 NORTH SCALE IN FEET: 1’=30’ DOUBLE PITCHED ROOF Similar To Historic Beach Concessions Building FROSTED WINDOWS Or Similar Architecture Detail To Compliment Historic Beach Concessions Building FACE BRICK To Match Or Compliment Existing Buildings STEEL GATE FRONT / BACK ELEVATION DOUBLE PITCHED ROOF Similar To Historic Beach Concessions Building FROSTED WINDOWS Or Similar Architecture Detail To Compliment Historic Beach Concessions Building FACE BRICK To Match Or Compliment Existing Buildings PLAN SIDE ELEVATION PERE MARQUETTE BEACH RESTROOM SITE PLAN GRANT IMPROVEMENT PLAN DATE 02.28.2022 PROJECT NO. MUSKEGON, MICHIGAN 2146 COVERED ENTRANCE FRONT ELEVATION CONCESSION/ VENDOR SPACE FAMILY FAMILY STORAGE FAMILY FAMILY PLAN SIDE ELEVATION PERE MARQUETTE BEACH RESTROOM SITE PLAN GRANT IMPROVEMENT PLAN DATE 02.28.2022 PROJECT NO. 2146 MUSKEGON, MICHIGAN City of Muskegon RESOLUTION OF SUPPORT MICHIGAN LAND AND WATER CONSERVATION FUND FOR GRAND TRUNK LAUNCH RAMP IMPROVEMENTS WHEREAS, Muskegon City Commissioner supports the submission of an application titled, “Grand Trunk Launch Ramp Improvements” to the Michigan Land and Water Conservation Fund for construction of an expanded launch ramp facility, paved parking, storm water improvements, accessible kayak launch, and trailhead improvements; and, WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks and Recreation Plan; and, WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount of $500,000 matching funds in cash and/or force account; and NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes submission of a Michigan Land and Water Conservation Fund Application for $500,000, and further resolves to make available its financial obligation amount of $500,000 of a total $1,000,000 project cost during a future fiscal year should the grant be awarded. Ayes: Nayes: Absent: Motion Approved. Dated this ______ of _______ 20__. ________________________________ Ken Johnson Mayor _________________________________ Ann Marie Meisch City Clerk AGGREGATE TRAILS AGGREGATE TRAILS AGGREGATE TRAILS AGGREGATE TRAILS CONCRETE CONCRETE CONCRETE CONCRETE AGGREGATE TRAILS CONCRETE AGGREGATE TRAILS AGGREGATE TRAILS CONCRETE AGGREGATE TRAILS CONCRETE CONCRETE NOTE: GRANT SCOPE ITEMS ARE BOXED GRAND TRUNK BOAT LAUNCH GRANT IMPROVEMENT PLAN MUSKEGON, MICHIGAN DATE 03.01.2022 NORTH NOT TO SCALE PROJECT NO. 2145 NOTICE OF PUBLIC INPUT MEETING CITY OF MUSKEGON Pere Marquette Park – MNRTF Grand Trunk Launch Ramp - LWCF The City Commission of the City of Muskegon will hold a Public Input Meeting as part of its regularly scheduled meeting on Tuesday, March 2 2 , 2022 at 5:30 pm. in the City Commission Chambers, 933 Terrace Street, Muskegon, MI. The purpose of this meeting will be to authorize the submission of a Michigan Natural Resources Trust Fund (MNRTF) Grant Application and a Land and Water Conservation Fund (LWCF) Grant Application to the Michigan Department of Natural Resources. • The City of Muskegon seeks to develop a new restroom / concession building at Pere Marquette Park located near the intersection of Beach Street and Lakeshore Drive and intends to pursue a MNRTF grant for the project. • The City of Muskegon seeks to provide paved parking, expanded launch facilities, kayak launching, storm water management, and trailhead amenities at Grand Trunk Launch Ramp and intends to pursue a LWCF grant for the project. Members of the public may provide oral comments during the meeting, or if unable to attend can provide written comments to the City Clerk via email (Ann.Meisch@shorelinecity.com) prior to the meeting and the written comments will be read aloud. AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four (24) hours notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the following: City Clerk, Ann Marie Meisch, 933 Terrace Street, Muskegon, MI 49440 – 231-724-6705 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Commercial Rehabilitation District – 2725 Olthoff Dr – Northern Biomedical Research Submitted By: Mike Franzak Department: Planning Brief Summary: Pursuant to Public Act 210 of 2005, as amended, staff has requested the establishment of a Commercial Rehabilitation District. The creation of the district will allow the future property owner to apply for a Commercial Rehabilitation Certificate, which will freeze the taxable value of the building and exempt the new real property investment from local taxes. The school operating tax and the State Education Tax (SET) are still levied on the new investment. Land and personal property cannot be abated under this act. Detailed Summary: Northern Biomedical Research will be applying for a Commercial Rehabilitation Certificate after the district is passed. Another 10 acres will remain for development within this commercial rehabilitation district. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To close the public hearing and approve the request to establish a Commercial Rehabilitation District at 2725 Olthoff Dr. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: 2725 Olthoff Rd Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REHABILITATION DISTRICT 2725 Olthoff Rd WHEREAS, pursuant to PA 210 of 2005, the City of Muskegon has the authority to establish “Commercial Rehabilitation Districts” within the City of Muskegon at request of itself or a commercial business enterprise; and WHEREAS, The City of Muskegon has requested the establishment of the Commercial Rehabilitation District for an area in the vicinity of 2725 Olthoff Rd located in the City of Muskegon hereinafter described; and WHEREAS, the City Commission of the City of Muskegon determined that the district meets the requirements set forth in sections 2(b) and 3 of PA 210 of 2005; and WHEREAS, written notice has been given by certified mail to the county and all owners of real property located within the proposed district as required by section 3(3) of PA 210 of 2005; and WHEREAS, on March 22, 2022 a public hearing was held and all residents and taxpayers of the City of Muskegon were afforded an opportunity to be heard thereon; and WHEREAS, the City Commission deems it to be in the public interest of the City of Muskegon to establish the Commercial Rehabilitation District as proposed; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit: CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER #6 LOTS 67 THRU 69 Adopted this 22nd Day of March 2022. Ayes: Nays: Absent: BY: __________________________________ Ken Johnson Mayor ATTEST: __________________________________ Ann Meisch Clerk CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on March 22, 2022. ______________________________ Ann Meisch Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Summer Concert Series, Social Sandbox Submitted By: Jake Eckholm Department: Economic Development Brief Summary: Mr. Terry Puffer, through his non-profit organization Lakeshore Legacy Project, is proposing a recurring concert series to take place downtown at the Downtown Muskegon Development Corporation owned lot known as the Social Sandbox. The organization is requesting the City agree to match their fundraising efforts to put on the concerts. Detailed Summary: Mr. Puffer is proposing a concert series that is detailed in the attached letter. He cites the city’s Downtown Development Authority in the document but is asking for any eligible city funds to assist as match dollars. Staff is proposing that the commission determine willingness and limitation, if any, to assisting with this event. Mr. Puffer will be present to present on the program and answer any questions. Amount Requested: To be determined Amount Budgeted: $0 Fund(s) or Account(s): Community Promotions Fund(s) or Account(s): N/A Recommended Motion: Motion to partner with the Lakeshore Legacy Project by matching fundraising for a summer concert series at the Social Sandbox, not to exceed ________. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: February 1, 2022 Robert Lopez Exec. Dir. Lakeshore Legacy Project 3597 Henry St. Norton Shores, MI 49441 Muskegon DDA 933 Terrace St. Muskegon, MI 49440 Re: Proposal for Concerts in the Park Presented by Lakeshore Legacy Project. To the Commission, Lakeshore Legacy Project, a newly established, Muskegon based, 501c3 fighting income inequality, is proposing a partnership between the City of Muskegon and Lakeshore Legacy Project to launch a new music initiative and aid in the redevelopment of the downtown corridor. We are working to add opportunities for the city’s residents, and in particular our youth, to engage and experience local culture and music stigma free. This free event will attract crowds from the tri-cities region and boost business in the area. LLP is proposing a 9 week 10 concert series every Saturday in June and July featuring different genres weekly at The Muskegon Social Sand Box. All concerts will be free to attend and sponsored through a public/private partnership between the DDA and LLP. Performers will include regional performers and local favorites. We propose the Muskegon DDA match funds raised through the Lakeshore Legacy Project dollar for dollar and partner with LLP on promotional activities benefitting both entities. We foresee a deep integration between Parties in the park, the We Discover Event, and Concerts in the Park that benefit all three organizations. Our proposed schedule of events below blend with and expand on the current roster of events scheduled for later this year. Proposed concert dates in June are June 4th, June 11th, June 18th, and June 25th. Dates in July are Friday July 1st and Saturday July 2nd, July 9th, July 16th, July 23rd, and July 30th. Lakeshore Legacy Project will plan, organize, insure, staff, and otherwise manage all activities related to this event. We look forward to presenting our proposal at your earliest convenience. Sincerely, Robert Lopez Exec. Dir Lakeshore Legacy Project Robertlopez@me.com 786-493-6652 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Rezoning 653 Yuba St – 2nd Reading Submitted By: Mike Franzak Department: Planning Brief Summary: Staff initiated request to rezone a portion of the property at 653 Yuba St from R-1, Low Density Single Family Residential to B-4, General Business. Detailed Summary: The Planning Commission recommended approval of the rezoning by a 6-0 vote. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request to rezone a portion of the property at 653 Yuba St from R-1, Low Density Single Family Residential to B-4, General Business. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Planning Commission Excerpt Hearing, Case 2022-05: Staff initiated request to rezone a portion of the property at 653 Yuba St from R- 1, Low Density Single Family Residential to B-4, General Business. SUMMARY 1. This property is owned by the city. A potential buyer is seeking to purchase it and develop mini- storage units as demand grows with the addition of new apartments downtown. The potential buyer also owns the building on the adjacent property at 665 Yuba St. 2. Half of the property is zoned B-4, General Business and half is zoned R-1, Low Density Single Family Residential. 3. The property is vacant and measures 23,100 sf and is heavily wooded. 4. There is a steep slope on the property and the p 5. ortion closest to the alley may be difficult to develop. 6. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff had not received any comments from the public. 653 Yuba St 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 653 Yuba St from R-1 to B-4 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 653 Yuba St from R-1 to B-4. CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 14-19 & THAT PART OF VAC ALLEY ADJ BLK 168 ALSO VAC S 23 FT OF HALL AVE This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning 653 Yuba St from R-1 to B-4) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of March 2022, 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: ___________________, 2022 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on March 22, 2022, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 653 Yuba St from R-1 to B-4: CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 14-19 & THAT PART OF VAC ALLEY ADJ BLK 168 ALSO VAC S 23 FT OF HALL AVE 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 ____________________, 2022 CITY OF MUSKEGON By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 22, 2022 Title: Amendment to the Marihuana Facilities Overlay District – Temporary Marihuana Events – 2nd Reading Submitted By: Mike Franzak Department: Planning Brief Summary: Staff initiated request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800 Peck St. Detailed Summary: The Planning Commission made two separate motions on the case. The first was to make a recommendation to the City Commission to approve the request at 470 W Western Ave, which passed by a 6-1 vote. The second was to make a recommendation to the City Commission to approve the request at 1800 Peck St, which passed by a 4-3 vote. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800 Peck St. Planning Commission Excerpt Hearing, Case 2022-06: Staff initiated request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 470 W Western Ave and 1800 Peck St. SUMMARY 1. Temporary marihuana events are currently only allowed in the original marihuana facilities overlay district and at 420 S Harvey St, 863 E Apple Ave, 885 E Apple Ave, 795 E Apple Ave, 925 S Getty St and 920 Washington Ave. See map below. 2. Staff has received may requests to hold temporary events in other areas of the city. In order to accommodate a reasonable number of events, staff is proposing to allow them at the arena and Marsh Field. 3. City policy would dictate where on-site people could consume and by which method (i.e. smoking, edibles). 4. To hold a temporary marihuana event, a registered temporary marihuana event coordinator must apply for a license with the State of Michigan. 5. At the arena, the area would include the entire arena parcel, which also includes the outside area that extends to the western portion of the shared entrance with the convention center. 6. Please see the marijuana facilities overlay district ordinance excerpt (enclosed). 7. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff had not received any comments from the public. Marihuana Facilities Overlay District Zoning Maps 1800 Peck St Aerial Maps 1800 Peck St CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800 Peck St. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: 1800 Peck St will be added to the Marihuana Facilities Overlay District as locations allowed for temporary marihuana events. CITY OF MUSKEGON PLAT A MUSKEGON HTS ENTIRE BLKS 5 & 6 This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of March 2022, 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: ___________________, 2022. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on March 22, 2022, the City Commission of the City of Muskegon adopted an ordinance to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800 Peck St. 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 ____________________, 2022. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 3/22/22 Title: Adelaide Pointe Development Agreement Restated Submitted By: Jake Eckholm Department: Development Services Brief Summary: The interest in Adelaide Pointe has caused the developer to request a faster timeline on the installation of public infrastructure. In order to coordinate this accelerated timeline with the sites private and public engineering, environmental permitting, and construction phases, we have amended the agreement to place responsibility for the installation of the public infrastructure on the developer with city oversight. Detailed Summary: The structure of this development agreement is quite different than other recent projects due to the large amount of new public infrastructure that is required to build out the project. We would essentially be funding the roads, water, sewer and other public amenities for a whole new district of the Nims neighborhood and an extension/connection of downtown to the lakefront. Due to increased interest in the development by possible owners/investors, we have reframed the timing of installations of various project phases, and placed responsibility for the construction of our roads, water, and sewer on the developer. The city will still bond the same amount to finance these, and retain a third party engineering firm to sign off on all scopes and have onsite construction inspections to insure the assets are built to public standards. The other financial structures, parks improvements, and special assessments remain the same, we are strictly moving the buildout responsibility to the developer to increase efficiency, as the commercial building and marina are progressing ahead of schedule. Amount Requested: $0 Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the amended and restated Adelaide Pointe Development Agreement as presented, and authorize the Mayor to sign. For City Clerk Use Only: Commission Action:
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