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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 24, 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:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Annual Action Plan Budget 2022 Community and Neighborhood
Services
C. Concession Agreement – Patti Wagon Public Works
D. Engineering services – Drinking Water Revolving Fund for Lead Service Line
Replacement Public Works
E. Transportation Economic Development Fund Public Works
F. Transportation Asset Management Plan Public Works
G. Updated (MNRTF) Michigan Natural Resources Trust Fund Grant Resolution
Public Works
H. City Park Concession Policy Public Works
I. HOME Administrative and Planning Funds from American Rescue Plan
(ARP) Grant Community and Neighborhood Services
J. Muskegon Social Equity Plan Amendments Planning
K. Re-assignment of 433/435 E. Isabella Avenue Community and
Neighborhood Services
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□ PUBLIC HEARINGS:
A. Commercial Facilities Exemption Certificate – Sweetwater Development
Planning
B. Commercial Rehabilitation Certificate – Northern Biomedical Research,
Inc. Planning
□ UNFINISHED BUSINESS:
A. Concession Agreement – Muskegon Lighthouse Conservancy
Public Works
□ NEW BUSINESS:
A. Housing Board of Appeals Demolitions Public Safety
872 Forest
B. Amendment to Neighborhood Enterprise Zone Certificate – 292 W. Western
Planning
□ 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: May 24, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the April 26, 2022 Regular Meeting, April 29, 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
APRIL 26, 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, April 26, 2022.
Pastor D.W. Tolbert, New Hope Baptist 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, Eric
Hood, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey Interim City
Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Commissioner Teresa Emory
HONORS, AWARDS, AND PRESENTATIONS: Women Veterans Day
Mayor Ken Johnson presented a proclamation to WINC – Women Injured in
Combat. There was a group of women veterans present and all women
veterans were being honored for their service and sacrifice. The women
veterans community is the fastest growing subset of American veterans. Zaneta
Adams, founding member of WINC and Director of Veterans Affairs for the State
of Michigan, was in attendance and expressed her appreciation for the City’s
recognition and for helping to raise awareness.
PUBLIC COMMENT ON AGENDA ITEMS: Public Comments were received.
2022-36 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the March 22, 2022 Regular
meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Request to Fly the Norwegian Flag City Clerk
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall on Constitution Day (Independence Day) which is
Page 1 of 10
Tuesday, May 17, 2022.
STAFF RECOMMENDATION: To approve the request.
C. MERS 457 Supplemental Retirement Program Finance
SUMMARY OF REQUEST: The City wants to offer employees an additional 457
supplement retirement plan through MERS. Municipal Employees’ Retirement
System (MERS) offers a supplemental 457 plan that encourages employee’s
additional savings towards retirement. The city offers two additional 457 plans,
this will be a third option for employees.
STAFF RECOMMENDATION: To adopt the resolution from MERS to offer an
additional 457 supplemental retirement plan to city employees.
D. Health and Dental Care Renewal Finance
SUMMARY OF REQUEST: To approve the renewal of Priority Health as the City’s
fully insured health care provider and the Third Party Administrator for City’s self-
funded health care plan. Also, to renew Delta Dental as the City’s dental
insurance provider.
Detailed Summary: The City’s health care coverage renews June 1, 2022, for the period June
1, 2022 to May 31, 2023. The following are changes effective June 1, 2022.
1. Renewal rates increased by 3.5%. Average US increases for 2022 are expected to
be between 4.7 and 5.2%.
Demographic 2021 2022
Single $552.93 $572.44
Double $1,244.09 $1,287.99
Family $1,492.91 $1,545.59
2. We are increasing our coinsurance out of pocket maximum as follows:
Demographic 2021 2022
Single $1,500 $2,500
Double/Family $3,000 $5,000
3. Our Health Reimbursement Arrangement (HRA) is running very well. Our annual
projection for this current (2021/22) plan year payout will be around $325,411.12.
4. Our Deductible needs to be met before the Coinsurance starts. We only had 8
people meet their deductible for 2021.
5. We are saving over $36,000 in premium to increase the coinsurance out of pocket
maximum.
6. The out of pocket maximum limit, which is set by the government increased as
follows:
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2021 2022
$8,150/$16,300 $8,550/$17,100
7. Our employer contribution will remain below the “hard cap limits” set by PA 152.
2021 2022
Annual Employee $389,669.32 $403,419.38
Annual HRA Employer $325,411.12 N/A
Annual Employer $2,045,763.92 $2,117,951.74
Annual Hard Cap $2,552,575.15 $2,647,020.05
8. We are implementing our Wellness plan again for 2022. The City will continue to
pay the Deductible and Coinsurance for employee and spouses who have gotten a
physical between 4/1/2020 and 3/31/2022. If an employee and spouse do not get
their physicals they will be responsible for the first $1,000 deductible for an
individual and the first $2,000 deductible for a double/family.
9. We are implementing a Hearing Rider. This is a new benefit offered by Priority
Health. It is a piece of the healthcare services that has always been missing. We
are very pleased to be able to add this rider as assistance for those who need this
benefit. The rider gives the member one hearing test covered in full plus a $1,000
allowance per hearing aid every 36 months.
For our self-funded contract, which includes 2 segments, those retirees under 65 and those
over 65. We have had a few years of large claims in the self-funded plan. We are starting to see
them go down.
Enrolled Current Renewal Increase/Decrease
Admin Fee 157 $53.12 $52.80 -0.6%
Aggregate 157 $13.76 $14.72 7.0%
Premium
Delta Dental rates will be reduced by 6% for 2022-23. There are no plan changes. The city
offers three benefit packages dependent on where you work.
Single Double Family
Basic (Police $26.80 $50.40 $101.28
& Fire)
Enhanced $32.68 $61.19 $122.25
(Non-Union)
Union $31.24 $59.33 $120.50
Enhanced
(Union)
Vision rates will stay the same and there will be no changes in benefits
Page 3 of 10
AMOUNT BUDGETED: $2,642,220.90
STAFF RECOMMENDATION: To approve the Priority Health fully insured and
self-funded renewal, and the Delta Dental renewal for 2022-23.
E. Procure Contractors 2022 Community and Neighborhood Services
SUMMARY OF REQUEST: Solicitation of Contractors for various programs to
provide repair and replacement services for citizens of our city and county
provides CNS with a list of multiple building trades. CNS regularly requests
Contractors to submit bids for housing rehabilitation projects to secure a list for
future use for our rental units. Ultimately, we are hopeful to attract new
contractors throughout the county and outlying communities to provide
necessary services of all construction trades and specialties for all of our housing
programs.
STAFF RECOMMENDATION: To approve the procured list of contractors
submitted for future CNS projects/programs.
F. Request for Proposal Approvals Community and Neighborhood
Services
SUMMARY OF REQUEST: We received requests of proposals from sub-recipients
to provide academic enrichment and recreation activities; accessible ramps
(new and repairs) for low-income households; outdoor childcare center and
scholarships for low income households.
Love INC of Muskegon Count - $40,000 – new ramps and repairs to existing
ramps of the City of Muskegon low-income residents.
Boys & Girls Club of the Muskegon Lakeshore - $100,000 – continued youth
recreation, academics, social enrichment and leadership for Muskegon Youth.
Early Childhood Education Equity – Muskegon YMCA Y-Learning - $50,000 –
Outdoor learning space along with scholarships for low-income households.
AMOUNT REQUESTED: $165,000 AMOUNT BUDGETED: $165,000
COVID-19: $25,000 COVID-19: $25,000
FUND OR ACCOUNT: CDBG FY2022/CDBG-CV
STAFF RECOMMENDATION: To approve agreements with Love INC of
Muskegon County, Boys and Girls Club of the Muskegon Lakeshore, and
Muskegon YMCA.
G. Traffic Control Order #74 Traffic/Engineering
SUMMARY OF REQUEST: Staff is requesting approval of Traffic Control Order #74-
(2022) for installation of a four-way stop at Wesley and Roberts.
The Michigan Manual of Uniform Traffic Control Devices (MMUTCD), the
Page 4 of 10
document that provides guidance for installation of traffic controls, includes
provisions for stop-controlled intersections such as:
• An intersection of two residential neighborhood collector (through) streets
of similar design and operating characteristics where multi-way stop
control would improve traffic operational characteristics of the
intersection.
While the City is not required to install stop-controls in all situations that meet the
guidance in the MMUTCD, in the case of the intersection at Wesley Avenue and
Roberts Street, DPW and Public Safety staff, together with MAISD staff at the
Wesley School and Lakeshore Learning Center, believe stop-control at this
intersection will improve safety and compliance in the neighborhood.
Staff is requesting approval of Traffic Control Order #74-(2022)
STAFF RECOMMENDATION: To approve Traffic Control Order #74-(2022).
I. Camp at Burning Foot Public Works
SUMMARY OF REQUEST: The organizers of Burning Foot are requesting to allow
camping at their event on August 27, 2022 and authorize staff to charge a fee
equal to 10% of their camping revenue. Burning Foot has offered camping at
their event each year and has been authorized in the past to pay 10% of their
camping revenue. Policy indicates the Commission may choose to charge 10%
of the camping revenue or $20 per campsite.
STAFF RECOMMENDATION: To authorize Burning Foot to provide camping at
Pere Marquette Park on August 27, 2022 and pay a fee of 10% of their camping
revenue as a fee to the City.
J. Roberts Street Water Tower Painting Public Works - Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Fedewa, Inc. for painting and modifying the Roberts Street water tower.
The Roberts Street water tower is located at the corner of Roberts and Lawrence
in the Marquette neighborhood. The tower’s exterior and interior coatings are
beyond their expected lifetimes, and a 2019 inspection found the coatings to
be deteriorating and delaminating. The exterior tower coating continues to
chalk, fade, and lose its gloss.
The project to improve this water tower will involve a complete overcoat of the
tower exterior and also includes repairs to the interior coating. Other
modifications will take place to bring the tower into compliance with current
safety standards and drinking water regulations. The artworks on the tower will
be changed to the Watch Muskegon logo.
The Commission approved a contract with Dixon Engineering for the
professional services portion of this project at the February 8, 2022 meeting. The
construction portion of this project was posted publicly in March, and sealed
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bids were accepted until April 5, 2022. Two bids were received for painting and
modifying the water tower. Dixon has evaluated the bids and recommends the
lowest bid of $269,799.00 from Fedewa, Inc. This project is budgeted as part of
the FY21-22 budget.
AMOUNT REQUESTED: $269,799.00 AMOUNT BUDGETED: $400,000
FUND OR ACCOUNT: 591-92035
STAFF RECOMMENDATION: Authorize staff to contract with Fedewa, Inc. in
the amount of $269,799.00 to paint and modify the Roberts Street water tower.
K. Sale – 1065 James, 266 Meeking, 270 Meeking, 280 Meeking, and 290
Meeking Planning
SUMMARY OF REQUEST: City Staff is seeking authorization to sell five of the City
owned vacant lots to James Williams. James Williams will be constructing four
single family homes on the lots owned by the City of Muskegon. The properties
are zoned R-1 (Single Family Residential). The four lots on Meeking will be
combined and split into three buildable parcels. They will be sold for 75% of the
True Cash Value (TCV) per policy. The four properties on Meeking will be
combined and re-split into three buildable single-family lots. The total selling
price will be $21,075. All of the properties are located in the Brownfield
Development area. The homes will be constructed within 18 months.
STAFF RECOMMENDATION: Authorize the Code Coordinator to work with the
developer and complete the sale of the five city-owned buildable lots as
described and to have the Mayor and Clerk sign the deed.
L. Musketawa Trail Project – Change Order #003 DPW/Engineering
SUMMARY OF REQUEST: Staff is requesting approval of Change Order #003 on
the Musketawa Trail Connector project as the overall project has exceeded
staff approval levels for change orders.
The majority of Change Order #003 represents a design error. Sand fill is needed
to bring the grade up to sub-grade from milling the pavement. Also, some
driveways are required to be poured on a Saturday and needed to be opened
by Monday, which requires a different mix design.
Change Order #003 requests a net increase to the project of $9,019.50 above
the previously approved requests.
This change order will result in the following final values for the project:
As-Bid Cost = $518,602.35
Current Cost = $561,874.26
Net Change = $43,271.91 (8.34% Increase)
AMOUNT REQUESTED: $9,019.50 AMOUNT BUDGETED: $650,000
Page 6 of 10
FUND OR ACCOUNT: 202-99118
STAFF RECOMMENDATION: Authorize staff to approve Change order #003 to
Project 99118 (Musketawa Trail Connector) in the amount of $9,019.50 for the
additional work.
Motion by Vice Mayor German, second by Commissioner Gorman, to accept
the consent agenda as presented, minus item H.
ROLL VOTE: Ayes: German, Gorman, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
2022-37 REMOVED FROM CONSENT AGENDA:
H. Traffic Control Orders #75, #76, & #77 Traffic/Engineering
SUMMARY OF REQUEST: Staff is requesting approval of Traffic Control Orders
#75-(2022) for the installation of a four-way stop at Western and Franklin, #76-
(2022) for the installation of a four-way stop at Michigan and Franklin, and #77-
(2022) for the installation of an all-way stop at Southern and Lakeshore.
The Michigan Manual of Uniform Traffic Control Devices (MMUTCD), the
document that provides guidance for installation of traffic controls, includes
provisions for stop-controlled intersections such as:
• The combined vehicular, bicycle, and pedestrian volume entering the
intersection from all approaches averages more than 2,000 units per day,
and
• An intersection to two residential neighborhood collector (through) streets
of similar design and operating characteristics where multi-way stop
control would improve traffic operational characteristics of the
intersection.
While the city is not required to install stop-controls in all situations that meet the
guidance in the MMUTCD, in the case of the intersections at Western Avenue
and Franklin Street, Franklin Street and Michigan Avenue, and Lakeshore Drive
and Southern Avenue, DPW and Public Safety staff believe stop-controls at
these intersections will improve safety and compliance on the lakefront corridor
from Downtown to the Lakeside District.
Staff is requesting approval of Traffic Control Orders #75-(2022) for the
installation of a four-way stop at Western and Franklin, #76-(2022) for the
installation of a four-way stop at Michigan and Franklin, and #77-(2022) for the
installation of an all-way stop at Southern and Lakeshore.
STAFF RECOMMENDATION: To approve Traffic Control Orders #75-(2022),
#76-(2022), and #77-(2022).
Page 7 of 10
Motion by Commissioner St.Clair, second by Vice Mayor German, to approve
Traffic Control Orders #75-(2002), #76-(2022), and #77-(2022)
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
2022-38 UNFINISHED BUSINESS:
A. CSX Agreement City Manager
SUMMARY OF REQUEST: Staff is seeking approval to proceed with the CSXT
agreement following our due diligence period.
In December of 2021, the City Commission approved the agreement with CSXT
for the purchase and removal of the CSXT railroad line from the Jaycees Launch
Ramp to the Boys and Girls Clubhouse. During the due diligence period, we
have obtained a survey of the entire line, have reviewed all of the crossing
agreements and encroachments, and are obtaining a title commitment. A
consulting firm has been hired through a State of Michigan grant to complete
the environmental review which can take place outside of the due diligence
period. As noted in the attorney’s memo, there are no concerns with continuing
forward through the process.
AMOUNT REQUESTED: $1.688 million AMOUNT BUDGETED: $2 million
FUND OR ACCOUNT: State/Federal Grants
STAFF RECOMMENDATION: To authorize staff to proceed with the CSXT
Agreement.
Motion by Commissioner Gorman, second by Commissioner St.Clair, to authorize
staff to proceed with the CSXT Agreement.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
B. Amendment to the Ride Muskegon Agreement City Manager
SUMMARY OF REQUEST: City staff is seeking approval of the final exhibits in the
operating agreement with Ride Muskegon, LLC.
When the operating agreement was approved by the commission, a motion
was made to return to the commission with the proposed final attachments for
adoption. The final attachments are provided for consideration as is the
executed agreement.
STAFF RECOMMENDATION: To approve the final exhibits in the operating
agreement with Ride Muskegon, LLC.
Page 8 of 10
Motion by Commissioner Hood, second by Commissioner Ramsey, to approve
the final exhibits in the Operating Agreement with Ride Muskegon, LLC.
ROLL VOTE: Ayes: Hood, Ramsey, German, and Gorman
Nays: St.Clair and Johnson
MOTION PASSES
2022-39 NEW BUSINESS:
A. Exspiravit Consumption Events Public Works
SUMMARY OF REQUEST: Exspiravit has applied to host two events in the City of
Muskegon. The Incredible Edible Event at Mercy Health Arena on August 20,
2022 and the Falling Leaves Festival at Marsh Field on September 24, 2022.
STAFF RECOMMENDATION: To authorize the Clerk to sign both attestations
and approve the events contingent upon a meeting and approval with special
event staff.
Motion by Commissioner Ramsey, second by Commissioner Hood, to authorize
the Clerk to sign both attestations and approve the events contingent upon a
meeting and approval with special event staff.
ROLL VOTE: Ayes: Johnson, Ramsey, German, Gorman, and St.Clair
Nays: Hood
MOTION PASSES
B. Downtown Muskegon Social District Plan and Map Amendments/Fee
Restructure Economic Development
SUMMARY OF REQUEST: Requesting approval of an updated Muskegon
Downtown plan and map, adding Hackley Park, along Clay Avenue from
Second to Fourth and the CIO Hall at 490 W. Western into the district.
The city commission approved the Downtown Muskegon Social District in August
2020 and amended it in April 2021 to remove the Port City CIO Building
Association to allow the owners to have special event licenses. The enactment
of Public Act 27 of 2022 allows a social district to continue operations even when
an LCC special event license is operating within the district as long as the district
and the event are separated. Staff has met with a group of the current and
potentially future establishments within the Social District and are responding to
longstanding downtown special event requests to operate within the Downtown
Social District. Staff recommendation is to expand the Downtown Social District
to include Hackley Park, along Clay Avenue from Second to Fourth and put 490
W. Western (CIO Hall) back into the district. Special event licenses are now
available in the park and at CIO Hall and allows Social District patrons to enjoy
Hackley Park when events are not scheduled in the park. An amended
Downtown Social District plan, revised Downtown Social District map – list of
Page 9 of 10
establishments, and accompanying resolution are attached for commission
consideration. In addition, after meeting with the establishments concerned
about the cost of the 75-cent 2022 social district stickers the commission
approved in December, staff is requesting a modification reducing the cost to
25-cents a sticker for the first 1,000 stickers for establishments northeast of Terrace
Street and in the separate Lakeside Social District.
AMOUNT BUDGETED: Minimal revenue reduction
FUND OR ACCOUNT: 101-80400-5231
STAFF RECOMMENDATION: To approve an amended Muskegon Downtown
Social District plan and map, a resolution of the same and adjust fees for the
Lakeside Social District and the Downtown District northeast of Terrace Street.
Motion by Vice Mayor German, second by Commissioner Gorman, to approve
an amended Muskegon Downtown Social District plan and map, a resolution of
the same and adjust fees for the Lakeside Social District and the Downtown
District northeast of Terrace Street.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, St.Clair, and Johnson
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Vice Mayor German spoke about an email received
from Oakview Schools regarding concerns about safety at Sheldon Park.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments received.
ADJOURNMENT: The City Commission meeting adjourned at 7:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
Page 10 of 10
CITY OF MUSKEGON
SPECIAL CITY COMMISSION MEETING
Monday, April 29, 2022 - 2:00 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,
St.Clair, and Hood
Absent: Commissioner Emory
Request for Qualifications to Hire an Executive Search Firm
This is a request to initiate the process for hiring a city manager by considering whether
to issue a Request for Qualifications to hire an executive search firm.
At the April 29th special meeting, the Commission reviewed the City’s process for hiring
its last city manager in 2013 and decided to follow the same outline for hiring its next
city manager. The City Commission was asked to approve an RFQ for publication,
approve a list of firms and organizations to receive the RFQ, and approve a schedule of
the next steps.
Mayor Ken Johnson, Clerk Ann Meisch, and Counselor John Schrier met recently, and
they submitted the following schedule for consideration:
May 2, 2022 City staff will mail, email, and post on social media sites the RFQ
May 12, 2022 @ 2 pm Proposals from executive search firms are due to the City Clerk
May 13, 2022 Staff will distribute all proposals to all Commissioners
May 20, 2022 at 2 pm City Commission Special Meeting to select a small number of
executive search firms to interview
May 25, 2022 at 4 pm City Commission Special meeting to interview executive search
firms, select executive search firm, authorize Mayor and Clerk to execute agreement
with the Commission’s preferred consultant.
Motion by Commissioner Ramsey, seconded by Commissioner Gorman to
approve and initiate the process to hire an executive search firm as outlined
above.
Roll Call Vote:
Ayes: German, Gorman, St. Clair, Johnson, Hood, Ramsey.
Nays: None.
MOTION PASSES.
PUBLIC PARTICIPATION
Discussion took place on the hiring of the next Public Safety Director and the
organizational structure of the Public Safety Department. The Commission requested
this item be placed on a future Worksession meeting and an organizational chart as well
as job descriptions of management within the Public Safety Division be provided to the
City Commission.
ADJOURN
Motion by Vice Mayor German, seconded by Commissioner St. Clair to adjourn
the meeting at 2:35 pm.
MOTION PASSES.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Annual Action Plan Budget 2022
Submitted By: Oneata Bailey Department: CNS
Brief Summary: The Annual Action Plan Budgets are presented to the Commission for approval
based on the Department of Housing and Urban Development (HUD) appropriations for FY2022.
The Community Planning and Development(CPD) office funded programs are Community
Development Block Grant (CDBG) and HOME investment Partnerships (HOME) and the
allocations total $1,252,544.00 for eligible programs administered by the office of Community and
Neighborhood Services.
Detailed Summary: The Budgets for CDBG and HOME are attached for your review and consent.
Amount Requested: CDBG - $ 912,894 Amount Budgeted: $ 912,894
HOME - $ 339,650 $ 339,650
Fund(s) or Account(s): 472 and 473 Fund(s) or Account(s): 472 and 473
Recommended Motion: To approve the 2022 Annual Action Plan Budgets for CDBG and HOME
Programs
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: May 24, 2022 Title: Concession Agreement – Patti Wagon
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Patti Costner of “Patti Wagon”
at various locations including Robert C. Lighton Park, Beachwood Park, Pere Marquette Park, and
Margaret Drake Elliot Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2022 with Patti Costner of “Patti
Wagon” at various parks including Robert C. Lighton Park, Beachwood Park, Pere Marquette Park
and Margaret Drake Elliot Park. “Patti Wagon” has been operating in parks near the beach and City
Hall at various times this spring, and staff has made contact with Ms. Costner in an attempt to reach
a concession agreement. Ms. Costner and staff have proposed fees to the City of $250.00 plus 5%
of Gross Receipts; the specific proposal is attached including certification and inspection documents;
staff will work to ensure all necessary licenses and certificates are on file. Ms. Costner proposes to
locate the concession each day depending on weather and traffic in an attempt to maximize sales.
Staff will work with Ms. Costner to ensure specific locations are safe and accessible.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to enter into a Concession Agreement with Patti Costner of “Patti Wagon” at various city
parks, including Robert C. Lighton, Beachwood, Pere Marquette, and Margaret Drake Elliot, for 2022.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Dan VanderHeide
From: Patti Costner
Sent: Monday, May 9, 2022 3:22 PM
To: Dan VanderHeide
Hello my Name is Patti Costner and I am the owner/operator of Patti Wagon hotdogs a small cart that serves affordable
family friendly food to the Muskegon and Norton Shores area. I am licensed, insured and have been certified by
Muskegon county health department.
My proposal to the Commission is to be allowed to vend at A few city parks rotating between them Specifically
Beachwood, Pere Marquette, and Margaret Drake. All of these parks especially Beachwood park are near and dear to
my heart as I grew up in this neighborhood and spent countless hours playing, sledding and ice skating. The
Beachwood/Bluffton neighborhood association has welcomed me and truly enjoy having me provide a well needed
service to their community. I have had a very positive response by all stating how happy they are to see me and wanting
to know when I will return!
Obviously I will not be Vending every day as my cart is open and exposed to the elements.
Patti Wagon would love to share in a Nostalgic experience with you, your family and this community….come make
memories at the Patti Wagon!
I thank you for your time and consideration.
Patti Costner
WARNING: This email originated outside of the City of Muskegon email system!
DO NOT CLICK links if the sender is unknown.
NEVER provide your User ID or Password.
1
04/21/2022
FLIP Program Support
Veracity Insurance Solutions, LLC. (844)-520-6992
260 South 2500 West, Suite 303 info@fliprogram.com
Pleasant Grove UT 84062
Great American Alliance Insurance Co. 26832
Patti Costner, DBA Patti Wagon
2701 Huizenga #9
Norton Shores MI 49444
1,000,000
x 300,000
x
x 5,000
A PLE738466-F148560 04/21/2022 04/21/2023 1,000,000
2,000,000
2,000,000
x
Certificate holder had been added as additional insured regarding the above mentioned policy per attached
Additional Insured - Designated Person or Organization (CG 20 26 Ed. 04 13)
City Clerk Office and City of Muskegon
933 Terrace St
Muskegon, MI 49440
PLE738466-F148560 CG 20 26 (Ed. 04 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Name of Additional Insured Person(s) or Organization(s):
City Clerk Office and City of Muskegon
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or
"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of
those acting on your behalf:
1. in the performance of your ongoing operations; or
2. in connection with your premises owned by or rented to you.
However:
1. the insurance afforded to such additional insured only applies to the extent permitted by law; and
2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to
such additional insured will not be broader than that which you are required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III –
LIMITS OF INSURANCE:
If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on
behalf of the Additional Insured is the amount of insurance:
1. required by the contract or agreement; or
2. available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
Copyright, ISO Properties, Inc., 2012
CG 20 26 (Ed. 04/13) PRO Page 1 of 1
Affirmative Action
(231) 724-6703
FAX (231) 722-1214
Assessor/
Equalization Co.
(231) 724-6386
FAX (231) 724-1129
Cemetery/Forestry
(231) 724-6783
FAX (231) 724-4188
City Manager May 10, 2022
(231) 724-6724
FAX (231) 722-1214
ATTN: Patti Wagon
Clerk
(231) 724-6705 2701 Huizenga #9
FAX (231) 724-4178 Norton Shores, MI 49444
Comm. & Neigh.
Services
(231) 724-6717
FAX (231) 726-2501 To Patti Costner:
Computer Info.
Technology Congratulations on your Transitory Food Unit approval to operate in the City of Muskegon. Your
(231) 724-4126
FAX (231) 722-4301 certificate has been mailed the address above. Once you receive it, please have both the Certificate
and Business Registration with you in the Food Truck at all times when operating in the City of
Engineering
(231) 724-6707 Muskegon.
FAX (231) 727-6904
Finance Both your Business Registration and your Food Truck License will expire on April 30, 2023. You will
(231) 724-6713
FAX (231) 726-2325 have to renew both of those in April of 2023 if you plan to continue operating after that.
Fire Department
(231) 724-6795 Please reach out to me if you have any questions or concerns.
FAX (231) 724-6985
Human Resources Congratulations again!
Co. (Civil Service)
(231) 724-6442
FAX (231) 724-6840
Income Tax
(231) 724-6770 Holly Fredericksen
FAX (231) 724-6768
Event Coordinator
Mayor’s Office
(231) 724-6701
(231) 724-4123
FAX (231) 722-1214 holly.fredericksen@shorelinecity.com
Planning/Zoning
(231) 724-6702
FAX (231) 724-6790
Police Department
(231) 724-6750
FAX (231) 722-5140
Public Works
(231) 724-4100
FAX (231) 722-4188
SafeBuilt
(Inspections)
(231) 724-6715
FAX (231) 728-4371
Treasurer
(231) 724-6720
FAX (231) 724-6768
Water Billing
(231) 724-6718
FAX (231) 724-6768 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Water Filtration
(231)724-4106
Muskegon Department of Public Safety
Jeffrey Lewis
Director of Public Safety
933 Terrace Street, Muskegon, MI 49440
Phone: 231-724-6955 Fax: 231-725-2043
Muskegon Fire Division www.shorelinecity.com Muskegon Police Division
770 Terrace Street 980 Jefferson
231-724-6795 231-724-6750
August 27, 2021
Patti Costner
Patti Wagon
231-740-8507
Re: Fire Safety Inspection
To Patti Costner:
Thank you for the courtesy that was extended to me by you during my recent fire safety inspection of
your operation. I found your food trailer to be code compliant with the stipulation that you have wheel
chocks and that you transport your propane separately and hook it up on site to minimize the potential of
vehicular impact during transport. As a reminder, we will conduct transitory food unit inspections on an
annual basis so please contact the office next year for a new inspection.
Thank you for your cooperation in helping to ensure a safe working community.
Sincerely,
Rachel McMillan
Fire Marshal
Muskegon Fire Department
Inspection authority as per IFC Sec. 106.1 All sections are referenced from the 2015 edition of the International Fire Code (IFC) as
adopted into City of Muskegon, MI Ordinance 2365 Chapter 30 “Fire Prevention and Protection” Article III, Section 30-191 effective June
11, 2017. This shall include any other code referenced by the IFC to include the 2015 edition of the Michigan Building Code (MBC).
Failure to comply with the IFC may result in administrative action.
Appeals procedures are available on request. I may be contacted at (231) 724-6793 or at
rachel.mcmillan@shorelinecity.com
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Engineering Services – DWRF LSLR
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is seeking permission to enter into a professional services agreement with Prein & Newhof for
$220,000 related to lead service line replacement design and construction engineering services.
Detailed Summary:
The Michigan Department of Environment, Great Lakes and Energy (EGLE) has awarded the City a
Drinking Water Revolving Fund (DWRF) loan of up to $3,220,000 for lead service line replacement
(LSLR). As a part of the Water Infrastructure Funding Transfer Act (U.S. Senate Bill 1689), this
“loan” was issued with the knowledge that once complete, $3,000,000 in principle will be forgiven.
The funding will be available for expenditure from approximately October 1, 2022 through September
20, 2025 (over a three year period).
Staff are pursuing a two-pronged approach. Approximately half of the $3 million will be spent by
DPW staff over the next three years. The grant will be used to pay existing staff when working on
LSLR, purchase additional equipment and hire new staff as necessary, and buy materials. The other
half will be spent by contracting to replace service lines in the Marsh Field neighborhood, southwest
of the intersection of Laketon and Getty. The full three years will be provided to the contractor to
help reduce pricing.
In accordance with the prequalified firm process undertaken with the Commission in late 2019, staff
negotiated with Prein & Newhof to prepare a proposal for design and construction services related
to the contracted portion of the loan, as well as assistance with the loan paperwork and reporting on
the entire loan. The proposal and professional services agreement are attached, are predicated on
a three-year construction period, and are of the form used by Prein & Newhof for the last several
years. If the contracted portion is completed sooner, at the contractor’s option, then the amount of
construction services could be less. This was not included in this fiscal year budget as award of the
loan was not certain. It will be included in the next three fiscal year budgets as appropriate.
Amount Requested: $220,000 Amount Budgeted: N/A
Fund(s) or Account(s): 591-60555-Various Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to enter into a professional services agreement with Prein & Newhof for $220,000
related to lead service line replacement design and construction engineering services.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
May 2, 2022
Mr. Leo Evans, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for Drinking Water Revolving Fund (DWRF)
Implementation for Lead Service Line Replacements
Dear Mr. Evans:
We are submitting this proposal to provide professional engineering services to assist you with the
FY 2022 Lead Service Line replacement project. This project will be funded through the DWRF loan
and grant you will be receiving through the Michigan Department of Environmental, Great Lakes,
and Energy (EGLE). It is our understanding that City staff will be using force account work for about
half the project and that you would like engineering design, bidding and construction phase services
for the other half.
We have developed the following scope of services assuming that the construction will be completed
over a three-year period to provide optimal contractor availability, flexibility and the best pricing
opportunities. We propose the following scope of services:
Design Phase
• Develop priority list for lead service line replacements in conjunction with City staff
• Prepare maps showing replacement areas
• Review locations in the field with City staff, if needed
• Prepare/update project technical specifications including specific DWRF requirements
• Prepare bidding and contract documents needed to meet City of Muskegon and
EGLE/DWRF requirements
• Review draft documents with EGLE staff and prepare final documents based on comments
• Assist City with communication with residents
• Assist City with Part I, II and III DWRF Application forms
Bidding Assistance
• Assist with advertising project to potential bidders
• Answer questions during bidding and issue addenda if needed
• Attend pre-bid meeting and prepare minutes
• Review and tabulate bids
• Review contractor references, if needed
• Prepare Notice of Award documentation to City and EGLE for project award
• Assist with finalizing and distributing signed contracts
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2021-12 Lead Service Lines DWRF\prp 2022-05-02 LSL replacement.doc
Mr. Leo Evans, P.E.
May 2, 2022
Page 2
• Prepare Notice to Proceed
Construction Phase
• Schedule and attend preconstruction meeting and prepare minutes
• Track and review submittals
• Assist with resident communications
• Provide construction observation services – We have assumed up to 300 hours of field
observation per year, 15 hours per week over 20 weeks per year.
• Schedule and attend periodic progress meetings (up to 3 per year) and prepare minutes for
each
• Project administration - Respond to RFIs, prepare payment applications and change orders –
assumes 5 hours per week during the construction period noted above
• Assist with DWRF administration submittals
• Prepare punch lists and close out documents
• Complete service record drawings and update GIS following completion – includes city
completed replacements
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$220,000 based on the assumptions and scope described above. Our hourly rates are adjusted each
January. We propose to work on a time and expense basis. If the contractor does work in a shorter time
than assumed, then our assumed hours will be less. Once the construction contracts are awarded and a
construction schedule is provided, we will review the hours allocated for the construction phase services
with you to determine whether adjustments need to be made.
If this proposal is acceptable to you, we will prepare a Professional Services Agreement for you.
We look forward to working with you and your staff on this project. Should you have any questions,
please contact us.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason M. Washler, P.E.
Enclosures: Estimated work effort/fee
R:\PRP - Proposal Preparation\City of Muskegon\2021-12 Lead Service Lines DWRF\prp 2022-05-02 LSL replacement.doc
Professional Hours Worksheet
City of Muskegon DWRF - Lead Service Line
Replacements
Staff Member Sen. PM II PM Sen Eng II Sen Eng CADD/GIS Observer Office Tech Expense Mileage Total Cost
Design
Kick-off Meeting 3 3 3 20 $1,300
Water Service Research 5 10 10 $3,300
Lead Service Line Priority List 2 2 10 10 $3,300
Lead Service Specifications 4 15 $2,800
Review Meeting (1) 2 2 4 20 $1,200
Bidding Documents 5 20 Prints $500 $4,200
Cost Estimates 1 5 $900
QA/QC 2 2 $600
Part I, II, and III DWRF Applications 4 2 $1,000
Design Subtotals 23 56 27 0 20 0 0 $500 40 $18,600
Bid Phase
Advertise and Issue Bid Package 2 1 $400
Prebid Meeting/Minutes/Bidder Questions 2 2 5 $1,300
Addenda 1 4 1 $800
Attend Bid Opening 2 2 20 $600
Review Bids/Recommend Award 2 2 4 2 $1,300
Notice to Proceed / Contract Documents 2 2 Prints $300 $800
Bid Phase Subtotals 6 9 15 0 0 0 6 $300 20 $5,200
Construction Engineering Services
Preconstruction Meetings and Minutes 2 4 4 60 $1,400
Track and Review Submittals 10 60 $8,400
LSL Observation Year 1 (20 weeks @ 15 hr/week) 300 Prints/Misc $200 1,000 $30,800
LSL Observation Year 2 (20 weeks @ 15 hr/week) 300 Prints/Misc $200 2,000 $31,400
LSL Observation Year 3 (20 weeks @ 15 hr/week) 300 Prints/Misc $200 2,000 $31,400
Project Administration/DWRF Assistance (30 months) 15 60 180 $31,900
Respond to RFIs 5 20 $3,000
Change Orders (10) 10 20 $3,700
Pay Apps (20) 20 60 21 $11,700
Progress Meetings/Minutes (assume 3 per year) 10 18 30 50 $7,700
Punch List Visits/Follow up (5) 6 20 20 100 $5,200
Record Plans/GIS update/Closeout 2 10 10 80 40 $17,500
Rate Adjustment over 2 years $12,100
Construction Engineering Subtotals 29 143 0 404 80 960 21 $600 5,210 $196,200
Project Grand Total 58 208 42 404 100 960 27 0 1,400 5,270 $220,000
Page 1 of 1
Project No.
Professional Services Agreement
This Professional Services Agreement is made this10th day of May, 2022 (“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:
Implement Lead Service Line Replacement under the FY2022 Drinking Water Revolving Loan
Fund..
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 May 2, 2022
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
Template date: January 15, 2016
R:\PRP - Proposal Preparation\City of Muskegon\2021-12 Lead Service Lines DWRF\PSA agm 2022-05-10 City of Muskegon Lead Service Lines.docx
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated May 10, 2022
☐ 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: Hourly rates and expenses as described in May 2, 2022 proposal. Maximum not to
exceed $220,000 without City of Muskegon authorization.
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: May 10, 2022 Date:
Page 2 of 2
Template date: January 15, 2016
R:\PRP - Proposal Preparation\City of Muskegon\2021-12 Lead Service Lines DWRF\PSA agm 2022-05-10 City of Muskegon Lead Service Lines.docx
Current Fee Schedule
Prein&Newhof bills for each hour spent on a project at the hourly rate of the employees assigned.
Mileage is charged at $0.60 per mile. Direct expenses and sub-consultant costs are billed at invoice
plus a 10% handling charge.
Identified below are the hourly rates for various employee classifications:
Hourly
Employee Classification Billing Rate*
Senior Consultant $182
Senior Project Manager II $168
Senior Project Manager $154
Project Manager, Senior Engineer III, Landscape Architect III, Senior $141
Technician V
Senior Engineer II, Geologist, Airport Planner, Lab Manager, Senior $132
Technician IV
Senior Engineer, Landscape Architect II, Surveyor II, Senior Technician III $124
Engineer II, Senior Technician II, Senior Office Technician $116
Engineer, Surveyor, Senior Construction Observer, Senior Technician $107
Landscape Architect, Construction Observer II, Technician IV $98
Construction Observer, Technician III, Lab Technician, Office Technician $90
Technician II $79
Technician $67
*Hourly rates are typically adjusted yearly.
NOTE: Includes overhead, fringe benefits and profit; effective January, 2022.
Prein&Newhof
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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(updated September 15, 2017)
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.
page 3 of 3
R:\Draft Specifications and Documents\Final P&N Agreements 2015-06-24\Standard Terms and Conditions - Public Entities.docx
(updated September 15, 2017)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24th, 2022 Title: TEDF Grant Resolution
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is seeking a formal resolution of support to submit a grant application to MDOT for a TEDF Grant
for the extension of Olthoff Drive.
Detailed Summary:
Staff is seeking funds for the extension of Olthoff Drive to serve developments on the former
corrections department site. Grant funding is being pursued through the state’s Transportation
Economic Development Fund, specifically the Category A program. If successful this grant could
provide up to 65% of the funding necessary for the project. If successful construction would likely
begin in the spring of 2023.
A formal resolution of support for the application is required as a part of the grant process. Staff is
recommending approval of the resolution of support.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the resolution of support for the TEDF Category A grant application and authorize the clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON, MICHIGAN
A RESOLUTION FOR SUPPORT OF
APPLICATION FOR A TRANSPORTATION ECONOMIC DEVELOPMENT GRANT
FOR THE EXTENSION OF OLTHOFF DRIVE
WHEREAS, the Michigan Department of Transportation is accepting applications for grants from the
Transportation Economic Development Fund Category A Program; and
WHEREAS, Northern Biomedical Research has plans to locate their facility at 2725 Olthoff Drive,
investing $63,000,000 and creating or retaining 162 jobs; and
WHEREAS, the City of Muskegon has determined that Olthoff Drive requires extension; and
WHEREAS, Northern Biomedical Research has expressed that the extension of Olthoff Drive will impact
their business;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby authorizes an
application for a Transportation Economic Development Fund Category A grant for the extension of Olthoff
Drive, wherein the City of Muskegon will commit to provide local match of $323,367 in a combination of
funds on hand, services, and donations, and continue to maintain the improved roadway; and
BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director
of Public Works or their designee to prepare and submit the application for the extension of Olthoff Drive
and to be designated as the authorized agent for all activities associated with securing and accepting any
funding.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
May 24, 2022.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24th, 2022 Title: Transportation Asset Management Plan
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary: Staff is requesting authorization to contract with Prein & Newhof for professional
services related to preparation of a Transportation Asset Management Plan and related services.
Detailed Summary:
Public Act 325 of 2018 began a process which will require all road maintaining agencies with at
least 100 centerline miles to prepare and have on file with the state a Transportation Asset
Management Plan that is updated every three years. A rolling deadline system has resulted in
Muskegon having our first plan on file by October 1, 2022. To that end, and recognizing the value
of asset management principles applied to City infrastructure, staff solicited a proposal.
As defined by the act, asset management is “an ongoing process of maintaining, preserving,
upgrading, and operating physical assets cost effectively, based on a continuous physical
inventory and condition assessment and investment to achieve established performance goals.” In
more practical terms, the plan will provide a detailed inventory of roads, bridges and culverts in the
City, make and keep a record of their condition, set goals for improving the overall condition of the
City’s transportation infrastructure, and make recommendations on how to achieve the goals in the
context of the funds expected to be available.
Staff worked with Prein & Newhof to obtain a proposal for the plan. Prein & Newhof has prepared
asset management plans for the City’s water system, sanitary sewer system, and storm water
drainage system using various grant-based funding sources over the past five years. They have
developed a consistent format that allows the City to house much of the data in a single GIS-based
database, making decisions about which assets to repair or replace a more wholistic and context-
based process. Staff is confident that having the Transportation Asset Management Plan as a part
of the same system as our other asset management plans will be a critical to making cost-efficient
and practical investments that take all the City’s assets into account.
Due to a plan document format required by the state, and the impending deadline, Prein & Newhof
has proposed to perform the work in two parts. First, and with data collection assistance from the
City, they will prepare a plan that meets the state’s requirements for format, data collection, and
deadlines. Once approved by the state, and as the second part of the work, they will translate the
plan and data into the existing system the City is using, and make capital improvement
recommendations using the new transportation asset management data in the context of the other
plans the City has, namely water, sanitary and drainage.
Amount Requested: $29,500.00 Amount Budgeted: $29,500.00
Fund(s) or Account(s): 202- and 203-60440-5300 Fund(s) or Account(s): 202- and 203-60440-5300
Recommended Motion:
Authorize staff to contract with Prein & Newhof in the amount of $29,500 to prepare a
Transportation Asset Management Plan and related services.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
April 28, 2022
Mr. Dan VanderHeide, P.E.
Deputy Director – DPW
City of Muskegon
1350 E. Keating Avenue
Muskegon, MI 49442
RE: Proposal for Professional Engineering Services – Transportation Asset Management Planning
and Coordinated Asset Management with Other Utilities
Dear Dan:
Thank you for the opportunity to provide the following proposal to you. As a local road agency
responsible for more than 100 miles of road, the City of Muskegon is required to prepare a
Transportation Asset Management Plan to meet the requirements of 2018 PA 325. This plan must be
approved by the City Commission and submitted to the Transportation Asset Management Council
(TAMC) by October 1, 2022. The TAMC has developed templates for three plans to meet these
requirements. They include the Pavement Asset Management Plan (PAMP), Bridge Asset
Management Plan (BAMP), and Compliance Asset Management Plan (CAMP).
We have worked with over 20 agencies on Transportation Asset Management Plans and keep current
on all training and Act 325 requirements. Having over 30 years of statewide pavement management
and road planning experience, we can provide an unbiased review of program planning to best utilize
your funding dollars. We have also been working with the City over the past six to seven years to
develop asset management plans for other City-owned utilities including sanitary sewers, storm
sewers and water mains. We are currently in the process of developing and expanding your drinking
water asset management plan under a Drinking Water Asset Management grant, although this is not
due until September 2024.
It is our understanding that the City of Muskegon is seeking to develop a Comprehensive Asset
Management Plan that incorporates your sanitary, water and storm utilities in conjunction with the
plans required under 2018 PA 325. Because the plans for utilities and roads are all interrelated, this
will provide a meaningful way to prioritize projects. There are many different considerations for
each type of asset, and we anticipate that this will take several iterations with staff.
We propose to complete the project in two phases. Because the deadline for the Transportation Asset
Management Plan is within several months, we propose to complete that first. In the second phase,
we will then take the information gathered in that phase and review it in relation to the City’s other
Asset Management Plans (AMPs), such as those for sanitary sewer, storm sewer, and watermain,
which are most often found in the City’s roadways. Prein&Newhof has completed, or is in the
process of completing, AMPs for these other utilities. We will use this information to help the city
develop a 10-year capital improvement plan that will serve as a blueprint for future infrastructure
improvements. This will assist with setting goals and provide coordination of all AMP’s.
4910 Stariha Drive Muskegon, MI 49441 t.231.798.0101 f. 616.364.6955 www.preinnewhof.com
Mr. Dan VanderHeide
April 28, 2022
Page 2
Scope of Work
The scope of services for Phase I - Transportation Management Plan is described in Exhibit A. The
scope of services for Phase II – Comprehensive Asset Management Plan will include:
• Review of all existing asset management plans and asset evaluations prepared previously
• Meeting with City staff to review and update priorities based on risk of failure, consequence
of failure and performance goals and regulatory requirements
• Recommendations and cost estimates for coordinated 10-year capital improvement plan
• Discussion of options for funding based on review by the City’s financial advisors that have
been assisting on the AMPs
• Summary report of recommendations (including maps and cost estimates
• Presentation to City Commission
Schedule and Fee
The Phase I - Transportation Asset Management Plan is required to be submitted to TAMC prior to
October 1, 2022. We plan to have the draft plan prepared by September 1, 2022, so that there is time
for review and approval by the City Commission prior to the submittal deadline.
We will coordinate the schedule for completion of the Phase II Comprehensive Plan with you.
The fee for the AMPs proposed are as follows:
Phase 1 - Transportation Asset Management Plans - $19,500
Phase II – Comprehensive Asset Management Plan - $10,000
If you have any questions, please contact us. Thank you again for the opportunity to provide a
proposal for these services to the City of Muskegon.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E.
r:\prp - proposal preparation\city of muskegon\2022-04 tamp\prp 2022-04-28 muskegon tamps.docx
Mr. Dan VanderHeide
April 28, 2022
Page 3
Exhibit A
Scope of Work – Transportation Asset Management Plan
Part 1: Pavement Asset Management Plan (PAMP)
• Utilize Roadsoft software and roadway database with historical PASER data. WMSRDC has
performed the ratings on these roads. This provides us with familiarity of your existing
roadway conditions.
• Create an PAMP that meets the requirements set forth by Public Act 325 of 2018 that will
address current capital improvement needs, long-term maintenance strategies, and life cycle
funding requirements for the City.
a) Asset Inventory – The City of Muskegon has or will have PASER ratings on all
primary roadways performed by WMSRDC. These will be provided to
Prein&Newhof.
b) Performance goals – P&N will summarize the existing condition of your roadways
with the City of Muskegon Public Works Department (DPW) staff and discuss the
overall goals for improvement.
c) Risk of Failure Analysis – P&N will work with City DPW to identify and map
critical assets.
d) Anticipated Revenues and Expenses – P&N will retrieve the previous year of
reported revenues and expenses from the Michigan Transportation Asset
Management Council (TAMC). The City of Muskegon will provide information
regarding expectations for future funding to be utilized for the local road construction
and maintenance.
e) Performance Outcome – P&N will evaluate the City’s street network and prepare an
optimized strategy to achieve City goals. The results of our evaluation will include:
o Overall system maps
o Pavement condition maps
o Proposed treatments based on current PASER ratings and City staff input
P&N can provide recommendations and costs for a 5 year plan for maintenance,
rehabilitation, and replacement road projects. Fixes for consideration will include:
crack sealing, chip and fog sealing, microsurfacing, thin overlay, hot mix asphalt
overlay, mill and overlay, crush and shape/pulverize, and total reconstruction.
f) Proof of Acceptance – P&N will attend and present the PAMP to the City
Commission for acceptance of the Plan.
Part 2: Bridge Asset Management Plan (BAMP)
• Utilize MIBridge data and historical data provided by the City of Muskegon and MDOT.
r:\prp - proposal preparation\city of muskegon\2022-04 tamp\prp 2022-04-28 muskegon tamps.docx
Mr. Dan VanderHeide
April 28, 2022
Page 4
• Create an BAMP that meets the requirements set forth by Public Act 325 of 2018 that will
address current capital improvement needs, long-term maintenance strategies, and life cycle
funding requirements for the Road Commission.
a) Asset Inventory – Utilize MIBridge data and historical data provided. P&N will
review and summarize existing bridge types, size, location, and condition for use in
the AMP and review with the City. The City will provide existing bridge
assessments.
b) Performance goals and condition – P&N will summarize the existing state of your
bridges with City of Muskegon DPW and discuss the overall goals for improvement.
c) Risk of Failure Analysis – P&N will work with City DPW to identify and map
critical assets.
d) Anticipated Revenues and Expenses – P&N will retrieve last years reported revenues
and expenses from TAMC. City of Muskegon will provide information regarding
plans for future funding for local bridge projects.
e) Proof of Acceptance – P&N will attend and present the BAMP to City of Muskegon
Commission for acceptance of the Plan.
Part 3: Compliance Asset Management Plan (CAMP)
P&N will summarize and combine the City of Muskegon accepted PAMP and BAMP into
one document for City Commission approval and TAMC documentation.
We will create a CAMP that meets the requirements set forth by Public Act 325 of 2018 that
addresses current Pavement Assets, Bridge Assets, Culvert Assets, Signal Assets, Financial
Resources, and Risk of Failure Analysis. Bridge and signal evaluation will be based on
previous lists of assets by others and provided to Prein&Newhof by the City. P&N will use
culvert information developed under the SAW program.
r:\prp - proposal preparation\city of muskegon\2022-04 tamp\prp 2022-04-28 muskegon tamps.docx
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24th, 2022 Title: Updated MNRTF Grant Resolution
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking to rescind a previously approved resolution of support and replace it with an updated
resolution of support for a Michigan Natural Resources Trust Fund Grant application.
Detailed Summary:
Commission previously approved Resolution 2022-27(B) at the March 22nd, 2022 Commission Meeting
which was submitted to the Michigan Department of Natural Resources (MDNR) on April 1st, 2022 as
part of a grant application. During the administrative review process it was noted by MDNR that the
costs in the resolution did not match the costs in the grant application.
Staff is requesting to have Resolution 2022-27(B) rescinded and to have the new resolution approved
to fulfill the administrative completeness requirements identified by MDNR. There is no change in the
match amount ($400K) or the grant request amount ($300K) from the original resolution.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Rescind previously approved Resolution 2022-27(B) and authorize the Mayor and Clerk to sign the updated
Resolution of Support for the Michigan Natural Resources Trust Fund Application at Pere Marquette 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:
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 $400,000 of a total $700,000
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
CITY OF MUSKEGON
PERE MARQUETTE PARK RESTROOM BUILDING
ORDER OF MAGNITUDE COST ESTIMATE
May 10, 2022
Description Unit No. of Units Price Extension
GENERAL CONDITIONS
Mobilization LS 1 $6,000.00 $6,000.00
Insurance, Permits, and Bonds LS 1 $4,000.00 $4,000.00
Layout and Staking LS 1 $2,000.00 $2,000.00
General Conditions (M, O & P@5%) LS 1 $27,799.00 $27,799.00
SUBTOTAL $39,799.00
REMOVALS/SITE PREPARATION
Grading, Soil Erosion, & Sedimentation
$2,790.00
Control SY 558 $5.00
SUBTOTAL $2,790.00
SITE CONSTRUCTION
Concrete Pavement SF 3,632 $6.00 $21,792.00
Sheet Pile Edge LF 212 $142.00 $30,104.00
SUBTOTAL $51,896.00
SITE AMENITIES
Recycling Container EA 1 $2,000.00 $2,000.00
SUBTOTAL $2,000.00
BUILDINGS
Renovation of Existing Building LS 1 $122,500.00 $122,500.00
Restroom Building LS 1 $366,800.00 $366,800.00
SUBTOTAL $489,300.00
SUBTOTAL $583,785.00
Design and Construction Contingences
$58,378.50
@ 10%
Professional Fees @9% $57,794.72
PHASE ONE - TOTAL $699,958.22
Evaluations of the Project Budget and Estimates of Construction Cost prepared by MCSA Group, Inc.
represents their judgment as design professionals. It is recognized, however, MCSA Group, Inc. has no
control over the cost of labor, materials or equipment, nor a contractor's methods of determining bid prices,
or over competitive bidding, or market conditions. Accordingly, MCSA Group, Inc. cannot and does not
warrant or represent that bids or negotiated prices will not vary from the Project Budget or from any estimate
of construction cost or evaluation prepared by MCSA Group, Inc..
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24th, 2022 Title: City Park Concession Fee Waivers
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval of a formal concession fee waiver process to be applied to potential
concessionaires operating within the City Park system.
Detailed Summary:
Staff is presenting a draft fee waiver application for concessionaires within the City Park system. This
document and discussion are the first step in developing a formal concession policy, of which this fee
waiver application would be one part. Currently applications are accepted by DPW and approved at
the Commission level, with no formalized policy.
If approved the fee waiver structure would apply to any concessionaire within the traditionally
recognized city park system that seeks a waiver due to the types of services they provide and the
groups their efforts benefit. As presented, this waiver application would not apply to other similar
operations like Western Market that operate outside of the city park system.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Approve the City Park Concession Fee Waiver Application.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
PARK CONCESSION POLICY
EFFECTIVE: May 24th, 2022 (TENTATIVELY)
PURPOSE
To formalize the process and procedures related to operating a concession operation within the City of
Muskegon Park System.
GOALS
The City of Muskegon maintains this policy with the goals of:
• Providing a variety of services to park visitors that could not be provided by other means
• Meet the needs and wants of park users
• Activate and engage our park spaces
• Offer opportunities for small business to start and grow
COVERED AREAS & APPLICABILITY
This policy applies to any concession proposing to operate in the traditionally recognized city park system.
Hackley Park is excluded from this agreement and no concessions outside of approved special events are
permitted to operate within Hackley Park.
This policy does not apply to Western Market, Muskegon Farmers Market, Trinity Health Arena, or any
other areas which may contain similar operations but are not a part of the traditionally recognized city
park system.
This policy also does not apply to “The Deck” restaurant which operates within Pere Marquette Park, to
“Fisherman’s Landing” campground and boat launch, nor to the “Clippers” baseball facility that operates
within Marsh Field, as all are under specific lease agreements and terms.
This policy does apply to the few brick and mortar concession spaces located within the City Parks;
currently the list of brick and mortar spaces is as follows, with future changes possible:
• The designated concession space within the Pere Marquette Park Bathhouse
• The Pere Marquette Park secondary building located south of the bathhouse
• The Pere Marquette Park Chalet at the north end of the park
Concessions operating as a part of an approved special event or an approved sports league are exempt
from this policy.
APPLICATION & AGREEMENT PROCESS
Applications will be accepted year-round on the attached form.
There is no fee associated with applying to be a concessionaire within the City Parks. If the application is
2
approved, fees will be charged for the right to operate within the city park system as outlined below.
Staff will review applications in accordance with this policy. Staff will have the authority to approve or
deny applications. If applications fall outside the parameters of this policy or are deemed potentially
controversial, they may be denied by staff or referred to the City Commission for consideration.
Concession operations approvable at the staff level include the following:
• Food sales and vending
• Retail sales of park-related items
• Non-motorized equipment rental and lessons
Once an application is approved, staff and the concessionaire will enter into a formal agreement. General
agreement terms attached to each agreement will be specifically crafted to match the agreed upon
activities, fees, and services as allowable in this policy.
Agreements shall be renewed annually, except that agreements within a designated brick and mortar
space may be proposed for an extended duration, with the maximum length not to exceed 5 years.
Returning operations for brick and mortar facilities in good standing shall be offered first right of refusal
to renew their agreement. When new brick and mortar spaces become available they may be offered
through a request for proposal process.
FEES & WAIVERS
Concessionaire shall be obligated to pay the fees outlined in the agreement.
The standard fee to operate a concession shall be set at $1,000/Year + 5% of gross receipts for any
operation conducted within Kruse Park, Pere Marquette Park, Margaret Drake Elliot Park or Harbor Towne
Beach, and $250/Year flat rate for any concession operating in any other park.
Concession agreements proposed for a brick and mortar location as described above shall be set at
$1,000/Year + 10% of gross receipts or $2,500/Year, whichever is expected to be more. Renewal
agreements can maintain existing agreement as long as they are in good standing with the City of
Muskegon.
Fees for concessions may be waived by staff upon receipt of a “Concession Fee Waiver Application” at the
same time as a concession application. Fee waivers will be evaluated according to the point system
described on that form.
3
Return completed application to the following:
City of Muskegon Public Works Department
1350 East Keating Avenue
Muskegon, MI 49442
► I. CONCESSIONAIRE
BUSINESS /
NON-PROFIT
CONTACT
ADDRESS
PHONE
EMAIL
► II. OPERATIONAL DESCRIPTION
ACTIVITIES
CONDUCTED
(ATTACH
PICTURES IF
NEEDED)
EQUIPMENT
USED
(ATTACH
PICTURES IF
NEEDED)
REQUESTED
LOCATION(S)
4
► IV. LIABILITY WAIVER
APPLICANT(S) voluntarily agree, understand and recognize that participants will have no right to make a
claim or file a lawsuit against the City.
► V. REQUIREMENTS OF CONCESSIONAIRES
1. Applicant shall comply with all City of Muskegon Policies.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. Applicant shall save the City of Muskegon harmless from all claims.
4. The appointed fees must be paid in full to the City prior to commencement of operations.
5. All required licenses and an insurance certificate listing the City as an additional insured party
must be submitted before the agreement is signed and before commencing operations.
6. Applications denied by staff may be appealed to the City Commission for consideration.
With my signature, I certify that I have read and agree to the City of Muskegon Park Concession
Policy and all items listed on this application.
I agree to abide by all applicable ordinances & regulations.
____________________________________________________________________________________
Signature of Applicant Date
CITY STAFF USE ONLY: APPROVED / DENIED
NAME/TITLE:_________________________________________________________
DATE:_____________ FEE:_________________
NOTES:______________________________________________________________
5
CITY OF MUSKEGON
CONCESSION
FEE WAIVER
APPLICATION
Department of Public Works ● 1350 E Keating Ave ● Muskegon, MI 49440 ● 231-724-6907
This form must be submitted at the same time as the concession application.
ORGANIZATION’S INFORMATION
Park(s):
Applicant Name:
Organization Name:
Non-Profit I.D. or Tax Exempt #:
Address:
City State Zip
Phone: ( ) Cell: ( )
Email Address: Fax: ( )
CONCESSION INFORMATION
Concession Type (please select all that apply):
□ Food Vendor □ Informational
□ Non-Food Vendor Of:_____________ □ Fundraiser Benefitting:
□ Non-motorized rentals
□ Provides Lessons □ Other
Setup Type:
Why are you requesting a fee waiver?
Page 1 of 2
Please identify if there is a hardship incurred (please attach additional pages, if necessary):
Please identify how your organization benefits the community as outlined in the criteria below.
Please be specific (attach additional pages, if necessary):
CRITERIA CONSIDERED
The City will consider the following when reviewing a fee waiver request:
• Is this concession owned or managed by a minority/disadvantaged person/group? No Y N (Y+2)
• Is the concession agreement holder a non-profit organization? Y
No N (Y+1)
• If applicable, is the non-profit located in the City of Muskegon? Y
No N (Y+1)
• Does the non-profit provide services to residents of the City of Muskegon? Y
No N (Y+1)
• Does the concession provide a service or good otherwise not available at the park? Y
No N (Y+2)
• Does the concession provide an in-kind service beneficial to the park? NoY N (Y+2)
(ie provide portable restrooms, maintain trash receptacles, make improvements, etc)
• Has this concession had City fees waived in the last 2 years? Y
No N (N+1)
Staff can approve fee waivers based on a point system using the answers above and the detailed descriptions.
Concessions will be given 100% waiver for 8 points.
Representative (signature) Date
Page 2 of 2
Rev. 5/12/2022
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: HOME Administrative and Planning
Funds from American Rescue Plan (ARP)
grant
Submitted By: Oneata Bailey Department: CNS
Brief Summary: Provide financial support from the Grant Operating costs to hire a Muskegon
Homeless Coordinator/Grant Writer through United Way of the Lakeshore, Inc.
Detailed Summary: HOME- ARP grant allows up to 5% of our award to Community Housing
Development Organizations and non-profit organizations including homeless providers
administering all or a portion of our program grant. United Way has provided a proposal through
the RFP process offering 2022 CDBG funding support. Their request is more in line with the new
resources from HOME- ARP to address homeless assistance needs through supportive services
from the City’s FY2021 budget.
Amount Requested: FY- $50,000 Amount Budgeted: $60,912.50
Fund(s) or Account(s): HOME-ARP Fund(s) or Account(s): HOME -ARP
Recommended Motion: To approve the funding request to hire a Muskegon Homeless
Coordinator/Grant Writer for the HOME –ARP initiative through the City of Muskegon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
HOME ARP Grant Agreement
Title II of the Cranston-Gonzalez National Affordable Housing Act
Assistance Listings #14.239 – HOME Investment Partnerships Program
1. Grantee Name and Address 2. Grant Number (Federal Award Identification Number (FAIN)
Muskegon M21-MP260215
3a Tax Identification Number 3b. Unique Entity Identifier (formerly DUNS)
933 Terrace Street 386004522 017270968
Muskegon, MI 49440
4. Appropriation Number 5. Budget Period Start and End Date
861/50205 FY 2021 – 09/30/2030
6. Previous Obligation (Enter “0” for initial FY allocation) $0
a. Formula Funds $
7. Current Transaction (+ or -) $1,218,250.00
a. Administrative and Planning Funds Available on Federal Award Date $60,912.50
b. Balance of Administrative and Planning Funds $121,825.00
c. Balance of Formula Funds $1,035,512.50
8. Revised Obligation $
a. Formula Funds $
9. Special Conditions (check applicable box) 10. Federal Award Date (HUD Official’s Signature Date)
Not applicable Attached 09/20/2021
11. Indirect Cost Rate* 12. Period of Performance
Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box #10 - 09/30/2030
%
* If funding assistance will be used for payment of indirect costs pursuant to 2 CFR
% 200, Subpart E-Cost Principles, provide the name of the department/agency, its
indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and
%
the direct cost base to which the rate will be applied. Do not include cost rates for
% subrecipients.
The HOME-ARP Grant Agreement (the “Agreement”) between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority
of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.) and Section 3205 of the American Rescue Plan (P.L. 117 -2) (ARP). HUD regulations at 24 CFR part 92 (as
may be amended from time to time), the CPD Notice entitled “Requirements for the Use of Funds in the HOME-American Rescue Plan Program” (HOME-ARP Implementation
Notice), the Grantee’s HOME-ARP allocation plan (as of the date of HUD’s approval), and this HOME-ARP Grant Agreement, form HUD-40093a, including any special conditions
(in accordance with 2 CFR 200.208), constitute part of this Agreement. HUD’s payment of funds under this Agreement is subject to the Grantee’s compliance with HUD’s electronic
funds transfer and information reporting procedures issued pursuant to 24 CFR 92. 502 and the HOME-ARP Implementation Notice. To the extent authorized by HUD regulations
at 24 CFR part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Grantee without the Grantee’s execution of the amendment or other
consent. The Grantee agrees that funds invested in HOME -ARP activities under the HOME-ARP Implementation Notice are repayable in accordance with the requirements of the
HOME-ARP Implementation Notice. The Grantee agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in
regulation at 24 CFR 92.352 and 24 CFR Part 58, as well as the HOME-ARP Implementation Notice.
The Grantee must comply with the applicable requirements at 2 CFR part 200, as amended, that are incorporated by the program regulations and the HOME-ARP
Implementation Notice, as may be amended from time to time. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited
specifically in the program regulations or HOME-ARP Implementation Notice, activities carried out under the grant after the effective date of the 2 CFR part 200 amendments will
be governed by the 2 CFR part 200 requirements, as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award
Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170.
Funds remaining in the grantee’s Treasury account after the end of the budget period will be cancelled and thereafter not available for obligation or expenditure for any purpose.
Per 31 U.S.C. 1552, the Grantee shall not incur any obligations to be paid with such assistance after the end of the Budget P eriod.
13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. Signature 15. Date
Keith E. Hernández, CPD Director 09/21/2021
X
16. For the Grantee (Name and Title of Authorized Official) 17. Signature 18. Date
X
19. Check one: Initial Agreement Amendment #
20. Funding Information: HOME ARP
Source of Funds Appropriation Code PAS Code Amount
2021 861/50205 HMX $1,218,250.00
Page 1 form HUD-40093a
21. Additional Requirements: These additional requirements are attached and incorporated into this Agreement. The
Grantee agrees to these additional requirements on the use of the funds in 7., as may be amended from time to time by
the Secretary.
a) As of the Federal Award Date, the Grantee may use up to the amount identified in 7.a. of this Agreement for eligible
administrative and planning costs in accordance with the HOME-ARP Implementation Notice.
b) Until the date of HUD’s acceptance of the Grantee’s HOME-ARP allocation plan, the Grantee agrees that it will not
obligate or expend any funds for non-administrative and planning costs, in accordance with the HOME-ARP
Implementation Notice.
c) In accordance with the HOME-ARP Implementation Notice, as of the date of acceptance by HUD of the Grantee’s
HOME-ARP allocation plan, HUD shall make the amount identified in line 7. of this Agreement available to the
Grantee.
d) If the Grantee does not submit a HOME-ARP allocation plan or if the Grantee’s HOME-ARP allocation plan is not
accepted within a reasonable period of time, as determined by HUD, the Grantee agrees that all costs incurred and
HOME-ARP funds expended by the Grantee will be ineligible costs and will be repaid with non-Federal funds.
22. Special Conditions
Page 2 of 2 form HUD-40093a
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
April 28, 2021
The Honorable Steve Gawron
Mayor of Muskegon
933 Terrace Street
Muskegon, MI 49443
Dear Mayor Gawron:
I am pleased to inform you of your jurisdiction’s Fiscal Year (FY) 2021 allocation for
HUD’s HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP) funding.
The American Rescue Plan appropriated $5 billion to help communities provide housing, shelter,
and services for people experiencing and other qualifying populations. These HOME-ARP funds
are in addition to your regular FY 2021 HOME formula allocation. This one-time funding creates a
significant opportunity for you to meet the housing and service needs of your community’s most
vulnerable populations.
Your jurisdiction’s FY 2021 HOME-ARP allocation is $1,218,250.
HOME-ARP funding gives jurisdictions significant new resources to address their homeless
assistance needs by creating affordable housing or non-congregate shelter units and providing
tenant-based rental assistance or supportive services. Later this year, the Department will issue an
implementing notice providing guidance on HOME-ARP, including instructions and requirements
for developing a substantial amendment to your jurisdiction’s FY 2021 Annual Action Plan
describing your proposed use of the funds. HOME-ARP funds are available for expenditure until
September, 2030.
HOME-ARP funds are allocated through the HOME formula to all participating
jurisdictions that qualified for an annual HOME Program allocation for FY 2021. HOME-ARP
funds must be used for individuals or families from the following qualifying populations: homeless;
at-risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual
assault, stalking, or human trafficking; other populations where providing assistance would prevent
the family’s homelessness or would serve those with the greatest risk of housing instability; and
veterans and families that include a veteran family member that meet one of the preceding criteria.
HOME-ARP funds can be used for four eligible activities including the production or
preservation of affordable housing; tenant-based rental assistance; supportive services, including
homeless prevention services and housing counseling; and the purchase or development of non-
congregate shelter for individuals and families experiencing homelessness. Additionally, HOME-
ARP provides up to 15 percent of the allocation for administrative and planning costs of the
participating jurisdiction and for subrecipients administering all or a portion of the grant. HOME-
ARP can provide up to 5 percent of the grant for operating costs of Community Housing
www.hud.gov espanol.hud.gov
Development Organizations (CHDOs) and other non-profit organizations, including homeless
providers. Additional funding is available to these organizations for capacity building. Like other
formula grant funds, HOME-ARP funds will be administered in the Integrated Disbursement and
Information System (IDIS).
While your jurisdiction will not have access to HOME-ARP funds until HUD has issued an
implementing notice and subsequently reviewed and accepted a substantial amendment to your FY
2021 Annual Action Plan, I urge you to begin consulting with homeless service providers, domestic
violence service organizations, public housing agencies, and other organizations and agencies that
assist qualifying populations in your area. Early identification of the unmet needs among these
populations and consideration of potential uses of HOME-ARP funds will position your jurisdiction
to design and implement its HOME-ARP Program expeditiously.
The Office of Community Planning and Development looks forward to working with you to
ensure the success of this critical program. If you or any member of your staff have questions,
please contact your local CPD Office Director.
Sincerely,
James Arthur Jemison II
Principal Deputy Assistant Secretary
for Community Planning and Development
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Muskegon Social Equity Plan
Amendments
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to approve the Muskegon Social Equity Program. The percentages
allocated to each individual program have been modified slightly.
Detailed Summary: Last year, the allocations were as follows: 30% towards grants/loans, 35%
towards expungement clinics, 35% towards education/community outreach. This year, we are
proposing 40% towards grants/loans, 30% towards expungement clinics, 30% towards
education/outreach.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Muskegon Social Equity Program amendments as
proposed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
PROPOSED FOR 2022
Medicinal and Recreational Marihuana
Social Equity Program
The City of Muskegon was recently announced as one of 19 Michigan cities that meet the State-identified
criteria for the State of Michigan’s Social Equity Program. Please contact the State’s Social Equity Team at
(517) 284-8599 to see if you qualify for the State of Michigan Social Equity Program.
In addition, the MSEP will also focus on social equity by providing expungement clinics, grants/loans, and
education on safe marihuana consumption and youth prevention. The City is also encouraging private
entities within the marihuana overlay district to offer affordable rental space to retailers and other small
businesses wishing to open accessory businesses within the district.
MSEP REVENUE
Medical and Recreational licensed marihuana businesses in Muskegon may elect to contribute to the City’s
MSEP. Additionally, 35% of all local excise tax receipts will be allocated to the City’s MSEP.
ALLOCATION OF MSEP RESOURCES
1. 40% for business micro-loans/grants for those that have had a low-level marihuana conviction.
2. 30% will be dedicated towards facilitating marihuana related expungement clinics.
3. 30% for education and community outreach for responsible marihuana consumption related to harm
reduction.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Title: Re-assignment of 433/435 E. Isabella
May 24. 2022 Avenue
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services (CNS)
Brief Summary: To assign the 2-unit Building Rehabilitation to Community and Neighborhood Services for Affordable
Housing contracts with local Continuum of Care agencies for the creation of City Rental Rehabilitation Program.
Detailed Summary:
Current rehabilitation of 433/435 E Isabella (2-unit) house is nearing the rough-in inspection stage
and will be demarked to assign to CNS for the final Certificate of Occupancy inspection. CNS will
hold as a Rental property owned by the city for Affordable Housing units for local CoC agencies in
need of housing units for homeless, and at-risk of homelessness.
Amount Requested: $150,000.00 Amount Budgeted: $320,000.00
Fund(s) or Account(s): HOME Program 2020 Fund(s) or Account(s): HOME 2020
Recommended Motion: Approve the re-assignment of 433/435 E Isabella Avenue to
CNS for affordable housing creation under the Rental Rehabilitation Program.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Commercial Facilities Exemption
Certificate – Sweetwater Development
Submitted By: Mike Franzak Department: Planning
Brief Summary: Sweetwater Development was issued a Commercial Facilities Exemption Certificate (PA 255)
on June 25, 2019 for the development of The Leonard building at 292 W Western Ave. This commercial tax
abatement was awarded to the first three floors of the building, while the top three floors were awarded a
Neighborhood Enterprise Zone Certificate for the residential units. They are requesting to revoke the portion
of the commercial tax abatement on only the third floor so that they may convert that floor to additional
residential units.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To revoke the third floor portion of the Commercial Facilities Exemption
Certificate, number 2019-142, at 292 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 A PORTION OF A
COMMERCIAL REHABILITATION CERTIFICATE (4-19-005)
Sweetwater Development, LLC
WHEREAS, pursuant to P.A. 255 of 1978, as amended, after a duly noticed public hearing held on June
25, 2019, this Commission by resolution established a Commercial Redevelopment District at 292 W
Western Ave; and
WHEREAS, the City Commission approved a Commercial Facilities Exemption Certificate application
for Sweetwater Development, LLC, number 4-19-005 for property located at 292 W Western Ave in the
amount of $4,154,539; and
WHEREAS, Sweetwater Development has decided to not develop commercial units on the third floor of
the building, but will continue to develop them on the first and second floors; and
NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of Muskegon:
The City Commission hereby revokes the third floor portion only of the Commercial Facilities
Exemption Certificate number 4-19-005 for Sweetwater Development for property located at 292
W Western Ave.
AYES:
NAYS:
RESOLUTION DECLARED ADOPTED.
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 May
24, 2022.
______________________________
Clerk’s Signature
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Commercial Rehabilitation Certificate
– Northern Biomedical Research, Inc.
Submitted By: Mike Franzak Department: Planning
Brief Summary: Pursuant to Public Act 210 of 2005, as amended, Northern Biomedical Research Inc has
requested the issuance of a Commercial Rehabilitation Certificate at 2725 Olthoff Dr.
Detailed Summary: The Certificate 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. The City Commission approved the creation of the Commercial Rehabilitation District at its
March 22 meeting. The estimated investment cost is $63,000,000. The tax incentive committee
has recommended an abatement duration of ten (10) years.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the issuance of a Commercial Rehabilitation Certificate at
2725 Olthoff Dr for a duration of ten (10) years.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Tax Incentive Scoring Breakdown
Taxable Value of $31,500,000 = 5
Location = 2
New Business = 1
Resident Hiring = 1
Minority Owner/Operator = 0
Total Points = 9
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF A COMMERCIAL REHABILITATION CERTIFICATE
Northern Biomedical Research, LLC
WHEREAS, pursuant to P.A. 210 of 2005 as amended, after duly noticed public hearing held on March 22, 2022,
this Commission by resolution established a Commercial Rehabilitation District as requested by Northern
Biomedical Research, LLC for the property at 2725 Olthoff Dr, Muskegon, Michigan 49443; and
WHEREAS, Northern Biomedical Research, LLC requested in writing for the City to establish a Commercial
Rehabilitation District at 2725 Olthoff Dr in a letter dated February 15, 2022; and
WHEREAS, the application for the issuance of a Commercial Rehabilitation Certificate was filed within six months of the
project’s commencement; and
WHEREAS, the rehabilitation of this property is calculated to and will have the reasonable likelihood to retain, create, or
prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, Northern Biomedical Research, LLC is not delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined in section 2(a) of Public Act 210 of 2005; and
WHEREAS, Northern Biomedical Research, LLC has provided answers to all required questions under the
application instructions to the City of Muskegon; and
WHEREAS, the City of Muskegon requires that rehabilitation of the facility shall be completed by May 24, 2024;
and
WHEREAS, the application relates to a rehabilitation program that when completed constitutes a qualified
facility within the meaning of Public Act 210 of 2005 and that is situated within a Commercial
Rehabilitation District established under Public Act 210 of 2005; and
WHEREAS, the rehabilitation includes improvements aggregating 10% or more of the true cash value of the
property at commencement of the rehabilitation as provided by section 2(j) of Public Act 210 of 2005; and
WHEREAS, a Public Hearing was held on May 24, 2022 at which the applicant, the assessor and representatives of the
affected taxing units were given written notice and were afforded an opportunity to be heard; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will not
exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property
thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon, Michigan
that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with the
aggregate amount of certificates previously granted and currently in force under Act No. 210 of the Public
Act of 2005 as amended shall not have the effect of substantially impeding the operation of the City of
Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in
the City of Muskegon.
2) The application of Northern Biomedical Research, LLC, for the issuance of a Commercial Rehabilitation
Certificate with respect to the building improvements and equipment on the following described parcel of
real property situated within the City of Muskegon to wit:
3) The Commercial Rehabilitation Certificate is issued and shall be and remain in force and effect for a period
of ten (10) years, ending on December 31, 2032 and may not be extended.
Adopted this 24th Day of May 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 May 24, 2022.
______________________________
Ann Meisch
Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: Concession Agreement
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is asking permission to enter into a 3 year contractual agreement with Erin Vorgias of the
Michigan Lighthouse Conservancy – Muskegon Lights Branch to operate a gift shop and to support
the tour operations in the chalet at Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement from May 10, 2022 – May 10, 2025
with Erin Vorgias of the Michigan Lighthouse Conservancy – Muskegon Lights Branch. Ms. Vorgias
has proposed to operate a gift shop and support facility for their tour operations in the chalet at Pere
Marquette Park.
MLC is proposing to pay the standard $1,000 annual fee to the city for the right to use the facility,
but is asking for the standard 5% of gross receipts to be waived to help support the capital fundraising
goals of the 501c3 organization as they work to secure funds for needed repairs at the lights.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to enter into a 3-year Concession Agreement with Erin Vorgias of the Michigan
Lighthouse Conservancy for use of the chalet at Pere Marquette 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:
Erin Vorgias
Michigan Lighthouse Conservancy - Muskegon Lights
1431 Beach Street
Muskegon MI, 49441
Dear Muskegon County Commission
The intention of this proposal is to request to lease a vacant chalet located on Beach Street from
the City of Muskegon in 2022. Michigan Lighthouse Conservancy is a nonprofit corporation
whose mission is to promote the preservation of Michigan’s lighthouses and lifesaving station
structures and the artifacts associated with them. MLC works to help restore lighthouses,
life-saving structures and create appropriate reuses of these properties. The Muskegon Lights is a
branch off MLC that preserves and restores the Muskegon South Pierhead Light and two
surrounding breakwater lights. Preservation and restoration is done by welcoming the public to
tour the Muskegon South Pierhead Light for a small fee and through the sale of merchandise
inside of the Light. Being able to lease the chalet and use the location to direct foot traffic to
Muskegon South Pierhead Light for the sale of merchandise and tickets to tour would all aid in
our ongoing mission to preserve and restore these historic, life saving structures.
Agreements:
Michigan Lighthouse Conservancy agrees to pay the $1,000 and ask the 5% gross receipts to be
waived by the City of Muskegon.
Michigan Lighthouse Conservancy agrees to a long term lease of 3 - 5 years
MLC agrees to use the chalet for the sale of merchandise
We agree to use our social media and website resources to promote our location to attract
attention to the City of Muskegon.
We agree to be fully licensed by the Michigan Secretary of State for the sale of merchandise
We agree to follow all regulations and rules provided by the City of Muskegon while operating
on their property.
Hours Of Operation
The chalet gift shop would be operating within Muskegon South Pierhead Light season which is
Mondays, Fridays and Saturday from 1-5 pm beginning Memorial Day until Labor Day, as well
as during special events such as “National Music Day” on June 21, 2022, and our Halloween
Trick or Treating Event on October 8, 2022. These hours are based on Muskegon Lights
volunteer availability and could vary.
Mondays, Friday and Saturdays 1-5 pm
Special Events through the season and off season
Merchandise For Sale
Merchandise that will be for sale in the 2022 season will range from swag wear like shirts and
hats to children's water safety books.
T-Shirts in varying sizes and colors
Muskegon Lights Hat
Muskegon Lights Kid Hat
Water Safety Book
Summers Call: A Michigan Beach Day: book
Varying local artist work
Muskegon Lights Sticker
Seagull Stuffy
Muskegon Lights Water Bottles
Muskegon Lights Calendar
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 24, 2022 Title: HBA Demolitions
Submitted By: Interim Director Andrew Rush Department: Public Safety
Brief Summary: HBA approved the demolition of 872 Forest
Detailed Summary: This is to request that the City Commission concur with the findings of the Housing
Board of Appeals that the structure located 872 Forest, is unsafe, substandard, a public nuisance and
that it 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.
Amount Requested: Bids Amount Budgeted: N/A
Fund(s) or Account(s): 101-80387-5356 Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals to demolish 872 Forest.
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: May 24, 2022 Title: Amendment to Neighborhood
Enterprise Zone Certificate – 292 W
Western
Submitted By: Mike Franzak Department: Planning
Brief Summary: The project was approved for the NEZ Certificate in December 2019 and included 18
residential units on floors three through six. The applicant will now be converting the second floor into
additional residential units for a total of 24 units and is requesting to amend the NEZ certificate to include the
units on the second floor.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amendment to the NEZ certificate at 292 W Western Ave
to include the new second floor units for a total of 24 units on floors two through six.
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 AMENDING
A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
(N2019-142)
WHEREAS, on August 17, 2019, a Neighborhood Enterprise Zone Certificate for a new facility was
approved for Sweetwater Development, LLC to construct new market-rate residential apartments at 292
W Western Ave in “The Leonard” Neighborhood Enterprise Zone District, and;
WHEREAS, the Neighborhood Enterprise Zone Certificate was only to be applied to the 18 market-rate
apartment units in the mixed-use development on floors three through six, and;
WHEREAS, the applicant will now be constructing additional market-rate apartment units on the second
floor as well and is seeking to include these additional units in the Neighborhood Enterprise Zone
Certificate, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the amendment to the Neighborhood Enterprise Zone Certificate has been approved for
fifteen (15) years and no extensions will be granted;
NOW, THEREFORE, BE IT RESOLVED that the application to amend the Neighborhood Enterprise
Zone Certificate for a new facility for the market-rate apartments at 292 W Western Ave by Sweetwater
Development, LLC be approved.
Adopted this 24th day of May, 2022.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, 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
May 24, 2022.
By: ________________________
Ann Meisch
City Clerk
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