View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 26, 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. 2022 Justice Assistance Grant (JAG) Public Safety
C. Uncollectible Accounts Finance
D. Certification of MERS Representatives Finance
E. Haunted Fields Cannabis Event DPW
F. MDNR Conversion Assistance RFQ DPW/Parks
G. Parks Concession Policy DPW/Parks
H. Sherman Boulevard Scrap Tire Grant DPW/Engineering
I. Concession Agreement – Baby Suga’s DPW
J. Beachwood Park Fitness Equipment DPW
K. LAF Grant City Clerk
L. Amendment to the Zoning Ordinance - Critical Dunes Planning
2nd READING
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
Page 1 of 2
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the June 16, 2022 Special Meeting and the June 28,
2022 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
SPECIAL CITY COMMISSION MEETING
June 16, 2022 @ 3:00 pm
Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
Conference Room 204
MINUTES
Present: Mayor Johnson, Vice Mayor German, Commissioners Emory, St.Clair, and
Gorman.
Absent: Commissioners Hood and Ramsey.
Meeting with Michigan Municipal League for City Manager Recruitment
The Commission met with Joyce Parker of MML to discuss the position of City Manager.
Commissioners were asked to present their ideas on a job description, position salary &
benefit summary, and develop a profile.
Advertisement will take place with MML, ICMA, and organizations that provides support
in the professional position.
Ms. Parker explained how the review of resumes and selection of finalists happens, as
well as the interviews to be conducted in a public setting.
Some suggestions added by Commissioners are as follows:
A Masters in Public Administration or related field is desired.
Leadership in local government is desired.
Experience with advancing equity issues, environmental sustainability, bargaining
agreements, and willingness to the live in the City is desired.
Under skills and abilities, they wish the candidate to promote growth and change with
empathy, social resilience, ability to listen and hear residents and employees and to
create positive cultural change.
PUBLIC PARTICIPATION - None.
ADJOURN at 4:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 28, 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, June 28, 2022,
Vice Mayor, Willie German, Jr., opened the meeting with prayer, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
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
PUBLIC COMMENT ON AGENDA ITEMS: Public comments received.
2022-61 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the May 24, 2022 Regular
Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Mercy Health Arena ADA Upgrades – Contract Award Arena and Public
Works
SUMMARY OF REQUEST: Upon previous approval at the February 8, 2022
Commission Meeting, Spark43 and Coalition Companies proceeded with
designing and bidding the ADA and necessary Life safety upgrades to the
Arena and infrastructure/utility upgrades to Thayer Street. The design is now
complete and competitive bids have been solicited for the work.
Bids were solicited for the construction project at the Arena & Thayer. ADA
upgrades will be made to the alley, restrooms will be accessible from the street,
the out of code stairs will b replaced with anew set that includes a storage area.
Utilities along Thayer will be replaced, including the water main, water services
and appurtenant parts. The bid tabulation is provided.
The arena portion of this project is proposed for funding through ARPA Dollars as
Page 1 of 11
noted in the February 8, 2022 Commission item, alternatively and if awarded
RAP (Revitalization and Placemaking) Grant dollars can be utilized though the
grant award is still several months away, if the project is selected.
AMOUNT REQUESTED: $788,550 AMOUNT BUDGETED: $750,000
FUND OR ACCOUNT(s): FUND OR ACCOUNT(s):
590-UNASSIGNED (Thayer)=$113,156 590-UNASSIGNED (Thayer)=$100,000
590-UNASSIGNED (Thayer)=$113,156 590-UNASSIGNED (Thayer)=$100,000
254-UNASSIGNED (ARPA)=$562,239 254-UNASSIGNED (ARPA)=$550,000
STAFF RECOMMENDATION: Authorize staff to proceed with the project
utilizing the recommended sub-contractors for a total amount not to exceed
$788,550.
D. Concession Agreement – Frostbite Shaved Ice Public Works
SUMMARY OF REQUEST: Staff is seeking permission to enter into a contractual
agreement with Justin Hawkins of “Frostbite Shaved Ice” at various locations
including Sheldon, Campbell, and Pere Marquette Parks.
Staff is asking permission to enter into a Concession agreement for 2022 with
Justin Hawkins of “Frostbite Shaved Ice” at various parks including Sheldon,
Campbell, and Pere Marquette Parks. Staff have proposed fees to the City of
$1,000 plus 5% of Gross Receipts; the specific proposal is provided. Mr. Hawkins
proposes to locate the concession daily depending on weather and traffic in an
attempt to maximize sales. Staff will work with Mr. Hawkins to ensure specific
locations are safe and accessible.
STAFF RECOMMENDATION: Authorize staff to enter into a Concession
Agreement with Justin Hawkins of “Frostbite Shaved Ice” at various locations
including Sheldon, Campbell, and Pere Marquette Parks.
F. Swan Alpha Development Agreement Rescission City Manager
SUMMARY OF REQUEST: City Commission previously approve an agreement
with Swan Alpha Development to develop 26 new housing units at the former
farmer’s market site. Staff is seeking approval to rescind the development
agreement which has been canceled by the developer.
Following the City Commission’s approval of the updated Swan Alpha
Development Agreement in December 2020, the developer continued with
preconstruction due diligence. The result of that due diligence was the
understanding that the development would likely be too expensive to construct
because of environmental issues that would require significant expense to
remedy. Accordingly, the developer has canceled the agreement. The
development agreement contemplated in the City of Muskegon making certain
investments in the necessary infrastructure, and $250,000 from the Economic
Page 2 of 11
Development Fund was set aside. That will no longer be necessary.
STAFF RECOMMENDATION: To approve the rescission of the Swan Alpha
Development agreement.
H. Sale – 1920 S Getty, 2155 Continental, and 2209 Valley Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell three of the City
owned vacant lots to Garrett Investment Properties LLC.
Garrett Investment Properties LLC will be constructing a total of seven (7) single-
family homes on the lots owned by the City of Muskegon. The properties are
zoned R-2 (Single Family Residential). There will be five single-family homes
constructed on the property at 1920 S Getty with one single-family home
constructed on each of the parcels at 2155 Continental and 2209 Valley, they
will be sold for 75% of the True Cash Value (TCV) per policy. The total selling price
will be $11,550. All of the properties are located in the Brownfield Development
area. The homes will be constructed within twenty-four (24) months.
STAFF RECOMMENDATION: To authorize the Code Coordinator to work with
the developer and complete the sale of the three City owned buildable lots as
described and to have the Mayor and Clerk sign the purchase agreement and
deed.
I. First Responder Training and Recruitment Grant Acceptance Public
Safety
SUMMARY OF REQEUST: In February, Public Safety applied for grant funds from
the First Responder Training and Recruitment grant program. We were one of 60
communities awarded funds out of over 400 applicants. We ask the City
Commission to accept $87,065.00 in awarded funds and approve the
expenditures as outlined in the grant.
Public Safety was awarded $87,065 from the State of Michigan First Responder
Training and Recruitment grant program. The grant proceeds can only be used
for the purposes for which they are awarded. Our grant application outlined the
funds being used as follows:
• Expand recruitment by sponsoring two law enforcement officer recruits to
attend the police academy;
• Improve training and provide additional professional development of all
our law enforcement officers by purchasing de-escalation and use of
force simulator training equipment (MILO system) and;
• Improve training and proved additional professional development of our
firefighters by contracting with a firm to provide ice rescue training.
Page 3 of 11
Category Item Description Total Cost
Salary and Wages Two MPD Law $20 per hour, 40 hours per $24,000
Enforcement week, for 15-week police
Recruits academy.
Contractual GVSU Police Tuition ($7,120), student $18,280
Academy fee ($1,700), academy
uniform ($320) or two
recruits
Contractual Dive Rescue Ice Rescue Training $8,500
International Student fee ($425) for 20
firefighters
Equipment MILO Judgement MILO Virtual reality $36,285
and De-Escalation simulator equipment to
Simulator include mobile training
system equipment
($20,995) and add on
training options equivalent
to the equipment used by
MPD
Total Grant Request/Award $87,065
AMOUNT REQUESTED: $87,065 AMOUNT BUDGETED: $0
(100%) reimbursed through grant)
STAFF RECOMMENDATION: To accept the First Responder Training and
Recruitment Grant and approve the expenditures as outlined in the grant
application.
K. Rezoning 930 W Sherman Boulevard – 2nd Reading Planning
SUMMARY OF REQUEST: Request to rezone the property at 930 W Sherman Blvd
from B-2, Convenience and Comparison Business to B-4, General Business, by
930 Sherman, LLC.
The Planning Commission unanimously recommended approval of the rezoning.
STAFF RECOMMENDATION: To approve the request to rezone the property at
930 W Sherman Blvd from B-2, Convenience and Comparison Business to B-4,
General Business.
L. Arena Temporary Liquor License City Manager
SUMMARY OF REQUEST: City staff is requesting a temporary outdoor service
permit for the Discover Muskegon Festival on July 1 and 2.
Page 4 of 11
STAFF RECOMMENDATION: To approve the application for a temporary
outdoor service permit under the city’s liquor license at the Trinity Health Arena.
M. Rejection of Demolition Bid Public Safety
SUMMARY OF REQUEST: This is to request that the City Commission reject the
Demolition Bid received from Midwest Demolition for 561 Catherine Ave, 275
Myrtle Ave, and 1470 Samburt, and authorize staff to re-bid, and authorize staff
to award the bid to the lowest responsible bidder.
FUND OR ACCOUNT: 101-80387-5356
STAFF RECOMMENDATION: To reject the demolition bids received for 561
Catherine, 275 Myrtle, and 1470 Samburt.
Motion by Commissioner Gorman, second by Commissioner Ramsey, to accept
the consent agenda as presented, minus item C, E, G, and J.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
2022-62 REMOVED FROM CONSENT AGENDA:
C. Catamaran Storage Public Works
SUMMARY OF REQUEST: Staff is requesting Commission approval to designate a
portion of Harbour Towne Beach for Catamaran use during the sailing season
(April – October) and to establish a user fee.
The city previously offered catamaran storage at both Pere Marquette and
Harbour Towne; during the previous high water cycles this service was canceled
as there was a lack of beach to offer. As the water has receded the opportunity
has returned and there are a group of users passionate to see catamarans
make their return to the areas.
Staff would not recommend returning the service at Pere Marquette, however
utilizing a small portion of Harbour Towne Beach was reviewed by staff and
found to be an option that would be considered.
Staff is recommending that an approximately 70FT x 50 FT section of the
southerly end of Harbour Towne Beach could be used for his purpose. It is
estimate this could accommodate somewhere in the range of ten Catamarans.
Staff is also proposing an annual fee of $400 per boat for the use of this area.
Staff will provide no services other than the installation of signs to delineate the
designated area. With proceeds contributed toward the General Fund for use in
maintaining the areas.
Spaces would be offered on a first come first serve basis up to a maximum of ten
catamarans or when the space is full, whichever comes first.
Page 5 of 11
STAFF RECOMMENDATION: To approve the establishment of a catamaran
zone at Harbour Towne Beach and establish the user fee at $400/season.
Motion by Commissioner Ramsey, second by Commissioner Hood, to approve
the establishment of a catamaran zone at Harbour Towne Beach and establish
the user fee at $400/season.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
E. Watermark Development Agreement Rescission City Manager
SUMMARY OF REQUEST: City Commission previously approved a development
agreement for the Watermark Center. Staff is seeking approval to rescind the
development agreement.
The agreement and consent assessment approve din January 2021 were never
signed by the developer/owner. The property is now under different ownership
and is listed for sale.
STAFF RECOMMENDATION: To approve the rescission of the Watermark
Development Agreement.
Motion by Vice Mayor German, second by Commissioner St.Clair, to approve
the rescission of the Watermark Development Agreement.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
G. Interim City Manager Stipend City Manager
SUMMARY OF REQUEST: To revise the stipend paid for the additional duties
being performed in the Interim City Manager role.
The $300 weekly salary stipend is set to expire June 30, 2022. Due to the level of
effort and time commitment required to serve in multiple capacities for an
extended period of time, it is being proposed to raise the stipend to $450 per
week for another three-month time period, ending September 30, 2022. If the
selection for City Manager is not made within this time frame, the salary and
benefits will be renegotiated.
AMOUNT REQUESTED: $5,850 AMOUNT BUDGETED: Included in Salary Line
FUND OR ACCOUNT: 101-10172-5100
STAFF RECOMMENDATION: To approve the weekly stipend as presented.
Motion by Vice Mayor German, second by Commissioner St.Clair, to approve
the weekly stipend as presented.
Page 6 of 11
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, German, Gorman, and St.Clair
Nays: None
MOTION PASSES
J. Purchase of 1192/1194 Pine Street Community & Neighborhood
Services
SUMMARY OF REQUEST: To purchase the 2 building-3 unit property for the
purpose of creating Affordable Housing opportunities for families in need of
placement through our local Continuum of Care agencies and maintained by
CNS through its City Rental Rehabilitation Program.
Current property is a market-rate and CNS wants to capitalize on creating
affordable housing for a vulnerable population of homeless families through the
process of the Continuum of Care network. CNS will manage and monitor
occupancy through the Rental Rehabilitation Program for income eligible
households at 60% AMI and at-risk of homelessness.
AMOUNT REQUESTED: $316,000 AMOUNT BUDGETED: $400,000
FUND OR ACCOUNT: HOME 2020/2021
STAFF RECOMMENDATION: To approve the purchase of 1192/1194 Pine
Street for the City of Muskegon to create Affordable Housing for the Continuum
of Care (CoC) population through the City’s Rental Rehabilitation Program.
Motion by Vice Mayor German, second by Commissioner Hood, to approve the
purchase of 1192/1194 Pine Street for the City of Muskegon to create Affordable
Housing for the Continuum of Care (CoC) population through the City’s Rental
Rehabilitation Program.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, St.Clair, and Johnson
Nays: None
MOTION PASSES
2022-63 UNFINISHED BUSINESS:
A. Transmittal of 2022-23 Proposed Budget Finance
SUMMARY OF REQUEST: At this time staff is transmitting to the City Commission
the proposed budget for fiscal year 2022-23 which starts July 1, 2022. Both
hardcopy and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for inspection on the City’s
website and at the City Clerk’s office.
The proposed budget was reviewed in datil with staff at the June 13, 2022
worksession. A public hearing on the budget was held at the regular
Commission meeting on June 14, 2022. City ordinance requires that the budget
be adopted by the Commission on or before the second Commission meeting in
Page 7 of 11
June.
STAFF RECOMMENDATION: To approve the proposed budget for fiscal year
2022-23.
Motion by Commissioner St.Clair, second by Vice Mayor German, to approve
the proposed budget for Fiscal Year 2022-23.
ROLL VOTE: Ayes: German, Gorman, St.Clair, Johnson, and Hood
Nays: Ramsey
MOTION PASSES
2022-64 NEW BUSINESS:
A. Housing Board of Appeals Demolitions Public Safety
938 E. Forest Avenue
1945 Reynolds
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It is
further requested that administration be directed to obtain bids for the
demolition of the structures 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 structures.
AMOUNT REQUESTED: Bids
FUND OR ACCOUNT: 101-80387-5356
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Ramsey, second by Commissioner Hood, to concur
with the Housing Board of Appeals decision to demolish 938 E. Forest.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
Motion by Commissioner Ramsey, second by Vice Mayor Germ, to concur with
the Housing Board of Appeals decision to demolish 1945 Reynolds.
ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
Page 8 of 11
B. 4th Quarter Reforecast Finance
SUMMARY OF REQUEST: At this time staff is asking for approval of the 4th Quarter
Budget Reforecast for the FY 2021-22 budget year.
Highlights of the FY 2021-22 4th quarter reforecast are below:
General Fund
Revenues:
Income Tax collections have been better the projected for the 4th quarter. The
Income Tax Revenue has been adjusted up to $9,300,000. Income tax revenue
projections were originally budgeted for $9,100,000 this year.
State Replacement Revenue for Personal Property Taxes has been adjusted to
$929,000 and they were originally budgeted for $800,000.
Bond Proceeds have been adjusted down to $289,176 from $1,085,275. Most of
the revenue was collected in the previous year.
Expenditures:
The Contributions Department budget has been increased by $88,600. Some of
the significant changes were primarily for the Neighborhood Associations
Grants. Their year-end expenses are expected to be $227,000 and were
originally budgeted at $150,000. Port City Football was excluded from the
original budget. We are expected to pay them $5,000 this fiscal year. Rate
increases were updated to the Muskegon Area Transit (Regular and Micro)
Police and Fire salaries were adjusted up again, based on actual payroll figures.
City Attorney fees are higher based on additional hourly fees. Projected costs
through the end of the year is $505,000. The original budgeted amount was
$380,000. Last year we paid them $431,002.
STAFF RECOMMENDATION: To approve the 4th Quarter FY2021-22 Budget
Reforecast as presented.
Motion by Commissioner St. Clair, second by Commissioner Ramsey, to approve
the 4th Quarter FY2021-22 Budget Reforecast as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
C. 2022 Long Term Goal Adoption City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the long-term goals for
2022-2027.
Staff and Commissioners met on April 15, 2022 to create a shared vision of the
future with major goals, key objectives, and one-year tasks. After receiving he
Page 9 of 11
report from our facilitator, Lew Bender, city division and department heads
developed a draft City Commission Vision for 2022-29027. The vision includes four
major goals: Destination Community& Quality of Life, Economic Development,
Housing, and Business, Community Connection, and Financial Infrastructure.
Staff reviewed the draft vision with Commissioners at the June Worksession and
have modified the document based on comments received. The final version is
presented for approval at this time.
STAFF RECOMMENDATION: To approve the City Commission Vision for 2022-
2027.
Motion by Commissioner Ramsey, second by Commissioner Gorman, to
approve the City Commission Vision for 2022-2027.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
2022-65 ANY OTHER BUSINESS:
A. Fire Turn Loan to Museum - Renewal City Manager
SUMMARY OF REQUEST: Staff is seeking approval to renew the loan agreement
with the Lakeshore Museum Center for the 1923 American LaFrance Fire Truck
and attached equipment.
Since 1990, the city has loaned an older model fire truck to the museum. The
truck is insured for up to $50,000.
STAFF RECOMMENDATION: To approve the renewal of the loan agreement
with the Lakeshore Museum Center for the 1923 American LaFrance Fire Truck
and attached equipment and authorize the City Manager to sign.
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve
the renewal of the loan agreement with the Lakeshore Museum Center for the
1923 American LaFrance Fire Truck and attached equipment and authorize the
City Manager to sign.
ROLL VOTE: Ayes: Johnson, Ramsey, German, Gorman, and St.Clair
Nays: None
MOTION PASSES
B. Transfer $100,000 to Budget Stabilization Fund
Motion by Commissioner St.Clair, second by Commissioner Ramsey, to approve
transfer $100,000 from our General Fund Surplus to the Budget Stabilization Fund
for FY 2021-22.
ROLL VOTE: Ayes: Ramsey, German, Gorman, St.Clair, and Johnson
Page 10 of 11
Nays: None
MOTION PASSES
C. Fly Pride Flag Last Day of June
Motion by Commissioner Ramsey, second by Commissioner St.Clair, to fly the
LGBTQIA2S+ Progressive Flag for the last day of June 2022.
ROLL VOTE: Ayes: Ramsey, German, Gorman, St.Clair, and Johnson
Nays: Hood
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments received.
ADJOURNMENT: The City Commission meeting adjourned at 7:24 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
Page 11 of 11
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26, 2022 Title: 2022 Justice Assistance Grant (JAG)
Submitted By: Interim Director Andrew Rush Department: Public Safety
Brief Summary: Public Safety is seeking approval to enter into an MOU with the County of
Muskegon and Muskegon Heights and to apply for the allocated 2022 JAG grant funds.
Detailed Summary: Public Safety is seeking approval to enter into an MOU with the County of
Muskegon and Muskegon Heights and to apply for the allocated 2022 Edward Byrne Memorial Justice
Assistance Grant (JAG) program funds. This year’s local JAG allocations to disparate jurisdictions in
our county totals $41,661. The City of Muskegon will continue to act as the fiduciary and receive
$22,790, the City of Muskegon Heights would be a subawardee and receive $18,871 and the County
of Muskegon would not receive funding. The County will be reviewing the agreement for approval at
their July meeting. There is no match requirement for this grant. Similar to past years, the City of
Muskegon’s portion of this grant will be used for the prosecution of city ordinance cases dealing
primarily with neighborhood issues.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the 2022 JAG Program Award Memorandum of Understanding
(MOU), authorize the Mayor to sign, and authorize staff to apply for the 2022 JAG grant funds.
Check if the following Departments need to approve the item first:
Police Dept. X
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
2022 Michigan LOCAL JAG ALLOCATIONS
Listed below are all jurisdictions in the state that are eligible for FY 2022 JAG funding, as determined by the JAG formula. For
additional details regarding the JAG formula and award calculation process, with examples, please refer to the JAG Technical report
here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions
here: https://bja.ojp.gov/program/jag/frequently-asked-questions.
Finding your jurisdiction:
(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county.
(2) Direct allocations are listed alphabetically below the shaded, disparate groupings.
(3) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for
a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties
to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of
Understanding (MOU). A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do
not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are
responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the
MOU.
State Jurisdiction Name Government Type Direct Allocation Joint Allocation
MI BAY COUNTY County *
MI BAY CITY Municipal $22,007 $22,007
MI BERRIEN COUNTY County $10,163
MI BENTON CHARTER TOWNSHIP Township $24,442
MI BENTON HARBOR CITY Municipal $18,227 $52,832
MI CALHOUN COUNTY County *
MI BATTLE CREEK CITY Municipal $48,689 $48,689
MI GENESEE COUNTY County $10,527
MI FLINT CHARTER TOWNSHIP Township $23,154
MI FLINT CITY Municipal $118,208 $151,889
MI INGHAM COUNTY County $15,455
MI LANSING CITY Municipal $122,184 $137,639
MI JACKSON COUNTY County $19,151
MI JACKSON CITY Municipal $30,210 $49,361
MI KALAMAZOO COUNTY County $27,270
MI KALAMAZOO CITY Municipal $86,290 $113,560
MI KENT COUNTY County $35,054
MI GRAND RAPIDS CITY Municipal $127,531 $162,585
MI LENAWEE COUNTY County *
MI ADRIAN CITY Municipal $11,171 $11,171
MI MACOMB COUNTY County $24,638
MI WARREN CITY Municipal $56,808 $81,446
MI MUSKEGON COUNTY County *
MI MUSKEGON CITY Municipal $22,790
MI MUSKEGON HEIGHTS CITY Municipal $18,871 $41,661
MI SAGINAW COUNTY County *
MI SAGINAW CITY Municipal $70,667 $70,667
2022 Michigan LOCAL JAG ALLOCATIONS
Listed below are all jurisdictions in the state that are eligible for FY 2022 JAG funding, as determined by the JAG formula. For
additional details regarding the JAG formula and award calculation process, with examples, please refer to the JAG Technical report
here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions
here: https://bja.ojp.gov/program/jag/frequently-asked-questions.
Finding your jurisdiction:
(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county.
(2) Direct allocations are listed alphabetically below the shaded, disparate groupings.
(3) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for
a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties
to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of
Understanding (MOU). A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do
not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are
responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the
MOU.
State Jurisdiction Name Government Type Direct Allocation Joint Allocation
MI WAYNE COUNTY County *
MI CANTON CHARTER TOWNSHIP Township $11,227
MI DEARBORN CITY Municipal $25,142
MI DEARBORN HEIGHTS CITY Municipal $21,475
MI DETROIT CITY Municipal $1,148,539
MI ECORSE CITY Municipal $10,723
MI HAMTRAMCK CITY Municipal $14,559
MI HARPER WOODS CITY Municipal $10,779
MI HIGHLAND PARK CITY Municipal $17,555
MI INKSTER CITY Municipal $23,154
MI LINCOLN PARK CITY Municipal $18,871
MI LIVONIA CITY Municipal $14,867
MI REDFORD CHARTER TOWNSHIP Township $23,826
MI ROMULUS CITY Municipal $18,759
MI TAYLOR CITY Municipal $31,386
MI WAYNE CITY Municipal $10,135
MI WESTLAND CITY Municipal $27,186 $1,428,183
MI EATON COUNTY County $13,075
MI BURTON CITY Municipal $12,879
MI MT MORRIS TOWN Township $11,423
MI GRAND TRAVERSE COUNTY County $11,591
MI PORTAGE CITY Municipal $10,191
MI KENTWOOD CITY Municipal $16,183
MI WYOMING CITY Municipal $32,002
MI CLINTON TOWN Township $28,362
MI EASTPOINTE CITY Municipal $19,291
MI ROSEVILLE CITY Municipal $16,855
MI STERLING HEIGHTS CITY Municipal $18,199
MI MECOSTA COUNTY County $11,563
MI MONROE COUNTY County $11,255
MI OAKLAND COUNTY County $84,918
MI SOUTHFIELD CITY Municipal $19,431
MI WATERFORD TOWN Township $12,627
MI HOLLAND CITY Municipal $11,255
MI OTTAWA COUNTY County $48,101
2022 Michigan LOCAL JAG ALLOCATIONS
Listed below are all jurisdictions in the state that are eligible for FY 2022 JAG funding, as determined by the JAG formula. For
additional details regarding the JAG formula and award calculation process, with examples, please refer to the JAG Technical report
here: https://bjs.ojp.gov/library/publications/justice-assistance-grant-jag-program-2021 and current JAG Frequently Asked Questions
here: https://bja.ojp.gov/program/jag/frequently-asked-questions.
Finding your jurisdiction:
(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county.
(2) Direct allocations are listed alphabetically below the shaded, disparate groupings.
(3) Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent crime data to qualify for
a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties
to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of
Understanding (MOU). A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do
not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are
responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the
MOU.
State Jurisdiction Name Government Type Direct Allocation Joint Allocation
MI PORT HURON CITY Municipal $19,039
MI ST CLAIR COUNTY County $15,035
MI ANN ARBOR CITY Municipal $25,086
MI WASHTENAW COUNTY County $51,209
MI YPSILANTI CITY Municipal $19,543
Local total $2,890,803
MEMORANDUM OF UNDERSTANDING
THE CITY OF MUSKEGON
THE COUNTY OF MUSKEGON
THE CITY OF MUSKEGON HEIGHTS
FY 2022 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
Regular Funding/Local Solicitation
This Agreement is made and entered into on the ____ day of July, 2022, by and
between the County of Muskegon, acting by and through its governing body, the Board of
County Commissioners, located at 990 Terrace Street, Muskegon, Michigan 49442 and the
City of Muskegon, acting by and through its governing body, the City Commission, located
at 933 Terrace Street, Muskegon, Michigan 49443-0536, and the City of Muskegon Heights,
acting by and through its governing body, the City Council, located at 2724 Peck Street,
Muskegon Hts., MI 49444, all of Muskegon County, State of Michigan, witnesseth:
WHEREAS, the CITY OF MUSKEGON has agreed to serve as the applicant/fiscal agent
for the joint funds under the: Edward Byrne Memorial Justice Assistance Grant Program
(Local Solicitation) as the Bureau of Justice Assistance has designated the allocation to the
law enforcement communities in Muskegon County as a disparate allocation; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions, hereunder, shall make that performance or
those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interest of all parties, that the undertaking will benefit the public, and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
Page 1 of 3
WHEREAS, the breakdown of allocated funding agreed upon by those entities involved
in the disparate funding is $ 22,790 to the CITY OF MUSKEGON and $ 18,871 to the CITY
OF MUSKEGON HEIGHTS; and
WHEREAS, the CITY OF MUSKEGON, CITY OF MUSKEGON HEIGHTS and COUNTY OF
MUSKEGON believe it to be in their best interests to allocate the JAG funds as specified in
this Agreement.
NOW THEREFORE, THE COUNTY OF MUSKEGON, CITY OF MUSKEGON AND CITY OF
MUSKEGON HEIGHTS agree as follows:
AGREEMENT
1. THE CITY OF MUSKEGON will act as the fiscal agent/applicant agency.
2. The total eligible joint allocation for the disparate jurisdictions of $ 41,661 will be
allocated as follows: COUNTY OF MUSKEGON - $ 0; CITY OF MUSKEGON - $22,790;
CITY OF MUSKEGON HEIGHTS - $ 18,871.
3. Each municipality will be responsible for its actions in the use of any equipment
purchased under this Agreement and the fiscal agent shall not be liable for any civil
liability that may arise from the purchase of the use of the equipment.
4. The CITY OF MUSKEGON HEIGHTS will be responsible for submitting quarterly
reports to the CITY OF MUSKEGON by the third day of the month following the
quarter in the reporting fashion required by the CITY OF MUSKEGON and for any
month in which an expenditure under the grant has occurred the CITY OF
MUSKEGON HEIGHTS will submit a reimbursement request to the CITY OF
MUSKEGON by the third day of the following month along with backup
documentation such as invoices.
5. The CITY OF MUSKEGON HEIGHTS will be responsible for the accuracy of all data
submitted to the CITY OF MUSKEGON for submission to the Bureau of Justice
Page 2 of 3
Programs and will be liable for penalties as a result of submitting the data late and
for any inaccurate data.
6. Nothing in the performance of this Agreement shall impose any liability for claims
against the CITY OF MUSKEGON passing from this program or from the CITY OF
MUSKEGON HEIGHT’s expenditure of the JAG funds.
7. By entering into this Agreement, the parties do not intend to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
COUNTY OF MUSKEGON
Dated:_______________, 2022 By:____________________________
Robert Scolnik, Chairman
County Board of Commissioners
CITY OF MUSKEGON
Dated:_______________, 2022 By:____________________________
Kenneth Johnson, Mayor
CITY OF MUSKEGON HEIGHTS
Dated:_______________, 2022 By:_____________________________
Walter Watt, Mayor
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 07/26/2022 Title: Uncollectible Accounts
Submitted By: Jessica Rabe Department: Finance
Brief Summary: Write off CMI -Site Assessment $22,195.21 and Hendrickson Brownfield loan
$18,554.93 as bad debt.
Detailed Summary: Write off CMI -Site Assessment $22,195.21 and Hendrickson Brownfield loan
$18,554.93 as bad debt. The Hendrickson Brownfield is from March of 2017 and the CMI
Assessment is from 2004.
Amount Requested: $40,750.14 Amount Budgeted:
Fund(s) or Account(s):482 Fund(s) or Account(s):482
Recommended Motion: Write off Write off CMI -Site Assessment $22,195.21 and Hendrickson
Brownfield loan $18,554.93 as bad debt.
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 FINANCIAL POLICIES
INTRODUCTION 2
I. OPERATING BUDGET POLICY 2
II. CAPITAL IMPROVEMENTS POLICY 3
III. REVENUE POLICY 3
IV. GENERAL FUND RESERVE POLICY 4
V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY 4
VI. DEBT POLICY 4
EXTERNAL DEBT 4
INTERFUND LOANS 5
VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY 5
CAPITALIZATION THRESHOLDS 5
DEPRECIATION AND ESTIMATED USEFUL LIFE 6
VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS 6
IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS 6
X. POLICY FOR ADJUSTING DELINQUENT PERSONAL PROPERTY TAXES 6
XI. OPERATING FUNDS INVESTMENT POLICY 7
SCOPE OF POLICY 7
STATEMENT OF OBJECTIVES 7
STATEMENT OF RESPONSIBILITIES AND DELEGATION OF AUTHORITY 8
PERIODIC REPORTING 8
ALLOWABLE INVESTMENTS 8
SAFEKEEPING AND CUSTODY 9
SELECTION OF FINANCIAL INSTITUTIONS 9
CONFLICT OF INTEREST 9
OPERATING FUNDS PORTFOLIO DIVERSIFICATION GUIDELINES 9
CASH POOLING AND ALLOCATION OF INVESTMENT EARNINGS 10
XII. TRUST FUND INVESTMENT POLICY 10
XIII. ECONOMIC DEVELOPMENT INCENTIVES 10
XIV. PETTY CASH USES AND LIMITS 10
XV. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE 10
XVI. PROCUREMENT CARD PROGRAM POLICY 11
1
GENERAL 11
DESIGNATION OF RESPONSIBLE OFFICIAL 11
TRANSACTION AMOUNTS 11
INTEREST COSTS AND SALES TAX 11
OTHER PURCHASING POLICIES 12
RESTRICTIONS ON USE 12
XVII. ELECTRONIC PAYMENTS 12
XVIII. ACCEPTANCE OF CREDIT CARD PAYMENTS 13
INTRODUCTION
The financial policies presented here set forth the basic policy framework for the financial
management of the City of Muskegon. Many of the policies represent long-standing principles,
practices, or traditions that have guided the city in the past . They have been brought together in
one place to ensure their consistency and to provide Commission and staff a comprehensive
reference document for both current and future decision-making. While these policies are
intended to provide continuity within a constantly changing environment, it is also intended that
they be reviewed regularly and amended as needed.
I. OPERATING BUDGET POLICY
The city shall adhere to the requirements of the State of Michigan “Uniform Budget Act” (P.A. 621
of 1978, as amended).
The budget shall be balanced by Fund. Budgeted expenditures of each fund will be less than or
equal to the sum of projected fund balance at the beginning of the fiscal year and all revenues
which reasonably can be expected to be received during the fiscal year. It will be the annual goal
of the city to match current operating expenditures with current operating revenues for each fund.
Where this is not possible due to economic downturn or other factors, the operating deficit (i.e.
operating revenues less operating expenditures) will be clearly highlighted.
Budgets will be adopted on a basis of accounting consistent with generally accepted accounting
principles. Revenues are budgeted when they become measurable and available and
expenditures are charged against the budget when they become measurable, a liability has been
incurred, and the liability will be liquidated with current resources.
The budget shall be adopted through a “Resolution of Appropriation.” Appropriations will be made
at the departmental level for the General Fund Budget and at the fund level for all other budgets.
The level of formal appropriation will constitute the “appropriation center” for each fund. Transfers
of budgeted funds between appropriation centers will require the formal approval of the City
Commission.
The City Manager and city Department Heads are authorized to transfer line-item budget amounts
within appropriation centers. Budget transfers between appropriation centers or changes to
appropriation center totals require formal amendment by the City Commission, which may be
done at any time during the budget year.
Budgets will be carefully monitored throughout the year. Each quarter the budget together with
the policies and priorities on which it is based will be thoroughly reviewed by the City Manager to
determine whether changes are necessary. An amended budget will be presented to the City
Commission based on this review.
Department Heads are authorized to reallocate budgeted positions between activities under their
jurisdiction; however, new positions may only be created with approval of the City Manager and
within the budgetary authority approved by the City Commission.
2
The city will integrate performance measures and objectives into the budget and develop a
system to monitor performance in meeting city objectives.
All operating funds of the city are subject to the annual budget process and will be reflected in the
annual budget document with the exception of certain “pass-through” funds (such as the current
tax fund), trust and agency funds, funds having a separate fiscal year (e.g. CDBG), and non-
recurring project and grant funds for which a budget shall be adopted at the time the project is
approved.
The enterprise fund and internal service fund operations of the city are to be fully self-supporting,
i.e. current revenues will cover current expenditures, debt service, and capital costs.
The city’s budget will portray both direct and indirect costs of programs whenever practical.
As permitted by state law (P.A. 30 of 1978), the city will fund a separate Budget Stabilization Fund
for the purpose of ensuring that adequate funding is available to maintain the level of municipal
services in the event of a major revenue loss.
CONTINGENCY ACCOUNT
A “contingency” line-item will be included in the General Fund Budget for unforeseen operating
expenditures. The amount of the contingency account will not exceed five percent (5%) of total
budgeted expenditures. Use of the contingency account will require formal approval of the City
Commission who will authorize the transfer of contingency funds to the appropriation center where
the actual cost will be incurred. If in a given year it is determined that other budgeted operating
funds require a contingency line-item, the same policy will be followed for these funds.
II. CAPITAL IMPROVEMENTS POLICY
A capital improvement program (CIP) will be developed for a period of five years. The CIP will
outline and prioritize all proposed capital projects, including land acquisitions, land improvements,
construction projects and equipment purchases having estimated costs over $50,000 and useful
lives of four or more years. As resources are available, the most current year of the CIP will be
incorporated into the current year of the city’s operating budget. The CIP will be reviewed and
updated annually prior to the beginning of the operating budget cycle.
III. REVENUE POLICY
The city will maintain a diversified and stable revenue system to shelter it from short-run
fluctuations in any one revenue source. The revenue mix should combine elastic and inelastic
revenue sources to minimize the effect of an economic downturn.
The city will estimate its annual revenues by an objective analytical process using the best
information available.
The city will establish all user charges at a level related to the cost of providing the services and
will annually revise user fees (with review by the City Commission) to adjust for the effects of
inflation, program changes or other factors.
The city will set fees and user charges for each enterprise fund, such as the Water Fund and
Sewer Fund, at a level that fully supports the total direct and indirect costs of the activity. Indirect
costs shall include the cost of annual depreciation of capital assets.
The city will set fees for other user activities, such as recreation services, at a level to support the
direct and appropriate indirect costs of the activity.
The city will aggressively pursue collections of delinquent accounts receivable utilizing
appropriate legal means (including outside collection agents) to enforce payment of amounts
owed.
3
IV. GENERAL FUND RESERVE POLICY
It will be the city’s policy to maintain an unreserved and undesignated General Fund fund balance
reserve equal to at least ten percent (10%) of total actual General Fund Expenditures for the
preceding year. The fund balance will be maintained to provide sufficient working capital and
cash flow for daily financial needs and to help offset significant revenue shortfalls that may occur
due to economic changes.
If upon completion of audited financial statements for a given year the actual unreserved and
undesignated General Fund fund balance is found to exceed the policy target set above, the
“excess” amount shall be transferred to the city’s Public Improvement Fund to finance general
purpose capital needs.
V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY
An independent full scope audit of all city funds will be performed on an annual basis. Selection of
the independent auditor will be made by the City Commission based on a competitive request for
proposal (RFP) process every three to five years.
The city will prepare a Comprehensive Annual Financial Report (CAFR) in accordance with
Generally Accepted Accounted Principles (GAAP) as outlined by the Governmental Accounting
Standards Board (GASB).
The city shall submit annually its Comprehensive Annual Financial Report (CAFR) to the
Certificate of Achievement for Excellence in Financial Reporting Program sponsored by the
Government Finance Officers Association. Recommendations made by GFOA reviewers shall be
incorporated into the city’s CAFR for the subsequent year.
Additionally, upon completion of the annual audit and CAFR, the city will prepare a Popular Annual
Financial Report (PAFR) designed to provide citizens and other interested parties with financial
information that is easier to understand than that contained in the detailed CAFR. The PAFR will
be widely distributed as a supplement with utility bill mailings or other distribution means.
VI. DEBT POLICY
EXTERNAL DEBT
The City of Muskegon will not use long-term debt to finance current operations.
The City of Muskegon will follow a policy of full disclosure and report all material facts about its
financial condition in a timely manner.
The retirement of bonds issued by the city (or its authorities) will be equal to or less than the
useful life of the project being funded.
Whenever possible the City of Muskegon (including its authorities) will limit its issuance of debt to
a maximum of $10 million per year to maintain the yield advantages associated with bank
qualified obligations.
The city will structure bond issues to maintain a level or decreasing debt service schedule and
maintain debt service payments as a predictable and manageable part of the operating budget.
“Pay-As-You-Go” financing will be used when practical. However, when the city utilizes long-term
debt financing it will ensure that the debt is financed soundly by:
• Conservatively projecting revenue sources that will be utilized to repay the debt.
• Financing the improvement over a period not greater than the useful life of the
improvement, and
• Determining that the benefits to be derived outweigh the total costs (including interest
costs) of the project.
4
Capital lease, certificates of participation, and lease-purchase financing will be treated as debt
financing and be subject to the same policies.
The city (and its Authorities) will normally issue debt through a competitive process in which
formal bids will be solicited from as many interested parties as possible. The city will award sale
of its bonds to the responsible bidder whose bid produces the lowest “true interest cost” (TIC) to
the city over the life of the bond issue.
Under some circumstances, it is in the city’s best interest to issue debt through a negotiated sale
process instead of using a competitive process. The negotiated sale process will only be used
when: 1) the nature of the debt issue is unique and requires particular skills from the investment
banks involved, 2) the interest rate environment or other economic factors that may affect the
issue are particularly volatile and the negotiated sale process can provide needed stability or, 3)
the debt issue is bound by a closing deadline. In all cases where the negotiated process is
utilized, the underwriter/manager will be selected by a competitive review of their fees,
qualifications, and recent performance.
INTERFUND LOANS
In some situations it may be cost effective to loan money from one city fund to another in lieu of
borrowing from external sources. Such interfund loans may only be made with formal approval of
the City Commission including establishment of a fixed repayment schedule. Interest on interfund
loans will be charged at the rate then available on U.S. Treasury notes having a comparable
maturity.
VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY
CAPITALIZATION THRESHOLDS
Fixed assets are assets of a long-term character (i.e. a minimum useful life of two years) which
are intended to continue to be held and used, such as land, buildings, improvements other than
buildings, machinery, vehicles and equipment. This policy is intended to establish guidelines for
accounting for, capitalizing and depreciating fixed assets held by the various city funds.
Category Capitalization Threshold (Unit Cost)
Land $ N/A
Land Improvement 7,500
Buildings 7,500
Equipment 7,500
Vehicles 7,500
Office Equipment and Furniture 7,500
Only those items having unit costs in excess of the threshold limits specified above will be
considered fixed assets for purposes of city accounting records. Fixed assets in the city’s
proprietary type funds (i.e. Enterprise, Internal Service) shall be capitalized in the year of purchase
and depreciated over their estimated useful lives. Fixed assets of all other funds shall be
recorded in the General Long Term Fixed Asset Group of Accounts in the year of purchase and
shall not be depreciated. Certain public domain general fixed assets consisting of improvements
such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and lighting
systems are not capitalized.
General fixed assets are valued at historical cost or estimated historical cost if actual cost is not
available. Donated assets are valued at their estimated fair value on the date donated. Property
and equipment of the enterprise funds and internal service funds are carried at cost.
5
DEPRECIATION AND ESTIMATED USEFUL LIFE
Depreciation of Fixed Assets in the city’s Proprietary Funds shall be accomplished using the
simple straight life method. The estimated useful life of assets will be based on IRS policies, past
experience, or other reliable sources. Useful lives typically will not exceed fifty (50) years.
VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS
Under the Michigan Municipal Risk Management Authority (MMRMA) program the city is self-
insured for the first $75,000 of any single liability claim. A portion of the city’s annual “premium”
paid to MMRMA is set aside in a reserve account to cover this retained risk and no disbursement
can be made from this reserve without prior authorization from the city.
When a claim is made against the city, all pertinent information is turned over to MMRMA. The
“claims adjusting” section of MMRMA then investigates the claim thoroughly and recommends a
course of action to the city (e.g. deny claim, settle for no more than X dollars, etc.).
The following policy will govern the handling of such liability claims:
• The City Manager or the Finance Director are authorized to approve settlements up to
$10,000 provided that the settlement is consistent with the recommendation of the
MMRMA.
• Settlements for amounts less than $10,000 which are not consistent with the
recommendation of MMRMA may only be authorized with concurrence of the City
Attorney and timely notification of the City Commission.
• Proposed claim settlements in excess of $10,000 must be reviewed and approved by the
City Commission.
IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS
During the normal course of conducting its business, the city invoices outside parties for a variety
of reasons ranging from taxes, fines, or penalties to the sale of city services or goods. Most
billings are paid promptly and the vast majority of those that are not are ultimately collected
through discontinuance of service, use of third-party collection services, or other means.
However, it is periodically necessary to adjust the city’s receivable records by “writing-off”
accounts deemed to be uncollectible or by making an adjustment to reflect the negotiated
settlement of a disputed account.
The city’s policy for adjusting accounts receivable shall be:
Preliminary authorization for adjustments or write-offs of individual accounts receivable for
amounts not in excess of $10,000.00 may be given by the City Manager or other responsible
official designated by the City Manager (e.g. the City Treasurer in the case of water bills). At
least once each year (or more frequently if deemed necessary) a comprehensive listing of all
such accounts together with the reasons the accounts are deemed uncollectible will be
presented to the City Commission for review and formal approval.
The adjustment or write-off of individual accounts receivable for amounts in excess of
$10,000.00 shall be approved by the City Commission on an individual basis.
Adjustments to accounts receivable which are determined by the City Treasurer to be necessary
due to administrative error may be made without going through the procedure outlined above.
X. POLICY FOR ADJUSTING DELINQUENT PERSONAL PROPERTY TAXES
The city’s policy for adjusting delinquent personal property taxes shall be as follows:
6
• A reserve for estimated uncollectible personal property taxes shall be maintained in each
fund having delinquent personal property tax receivables. The reserve will be equal to
one-half of the fund’s delinquent personal property taxes outstanding as of each
December 31.
• The city shall only maintain in its general ledger records delinquent personal property tax
receivables for the five most recent years. At the close of each fiscal year, the city will
write-off any balances remaining uncollected that are more than five years old. Balances
written off may be turned over to a private collection agency for additional collection
efforts.
.
XI. OPERATING FUNDS INVESTMENT POLICY
SCOPE OF POLICY
This investment policy applies to the investment activities of the City of Muskegon, Michigan
except for: 1) investments of the City’s Police and Fire Pension fund and the City Employees’
Pension fund, which are administered separately by their respective boards of trustees and, 2)
investments of the following city trust funds whose investment activities are governed by a
separate “Trust Fund Investment Policy”:
Cemetery Perpetual Care Trust Fund
Hackley Park Memorial Trust Fund
Reese Playfield Trust Fund
STATEMENT OF OBJECTIVES
Safety of principal is the foremost investment objective of the City of Muskegon. Each investment
transaction shall seek first to ensure that capital losses are avoided, whether from default or
erosion of market value.
A second, closely related, objective of the city’s investment program shall be to diversify its
portfolio to eliminate the risk of loss resulting from over concentration of assets in a specific
maturity, a specific issuer, or a specific class of securities. Diversification strategies and
guidelines shall be determined and revised periodically by the City Commission.
A third investment objective is to attain an acceptable rate of return on all investments of city
funds to the end that earnings from such investments may be anticipated and appropriated by the
City Commission as a means of financing municipal programs and services. The city of
Muskegon, therefore, seeks to attain at least “market average” rates of return on its operating
fund investments, consistent with the constraints imposed by the safety objective, the limitations
outlined in this policy, and the cash flow characteristics of the city’s portfolio.
A fourth objective of the city’s investment activities is to promote the economic and financial
development of the local community and, to this end, preference will be given to local financial
institutions in the placement of city investments and deposits so long as such preference does not
conflict with the safety, diversification, and yield objectives set forth above. The process to be
followed in placing deposits and investments is more fully explained in the section of this policy
entitled “Selection of Financial Institutions.”
7
STATEMENT OF RESPONSIBILITIES AND DELEGATION OF AUTHORITY
Responsibility for day-to-day management of the investment program is hereby delegated to the
Director of Finance who shall establish procedures and internal controls for the operation of the
investment program, consistent with this investment policy. No person may engage in an
investment transaction except as provided under the terms of this policy and the procedures
established by the Director of Finance. The Director of Finance shall be responsible for all
transactions undertaken, and shall establish a system of controls to regulate the activities of
subordinate officials.
In the exercise of this fiduciary responsibility, the Director of Finance shall have the authority to
determine which maturity dates, kinds of investment instruments, and which institutions best meet
the cash management needs and objectives of the city subject to the provisions of this policy.
The standard of prudence to be used by investment officials shall be the “prudent person” and
shall be applied in the context of managing an overall portfolio. Investment officers, or persons
performing the investment functions, acting in accordance with written policies and procedures,
and exercising due diligence shall be relieved of personal responsibility for an individual security’s
credit risk or market price changes, provided deviations from expectations are reported in a timely
fashion and appropriate action is taken to control adverse developments.
The “prudent person” standard is herewith understood to mean the following:
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived.
PERIODIC REPORTING
The Director of Finance shall submit monthly to the City Commission a report that summarizes
recent investment activities. The report shall describe the portfolio in terms of investment
securities, maturities, diversification and other features. The report shall explain the year-to-date
total investment return and compare it with relevant performance benchmarks. The market value
of the portfolio shall be calculated and reported at least every six months.
ALLOWABLE INVESTMENTS
Operating funds of the City of Muskegon may be invested in the following instruments:
a) U.S. Treasury bills.
b) U.S. Treasury notes or bonds and other obligations of the United States or an agency or
instrumentality of the United States (to the extent permitted by state law) maturing within
twelve months of the date of purchase, except that investments in the aggregate not
exceeding twenty-five percent (25%) of the total investment portfolio, may be placed in
such instruments maturing not more than five years from the date of purchase.
c) Bankers’ acceptances of United States banks.
d) Certificates of Deposit, savings accounts, deposit accounts, or depository receipts of
banks and other financial institutions as permitted by law.
e) Commercial Paper rated at the time of purchase within the two (2) highest classifications
established by not less than two (2) standard rating agencies and which matures not more
than 270 days after the date of purchase.
f) Mutual funds whose portfolios consist of U.S. government securities or other broadly
diversified money market instruments as permitted by state law. It shall be permissible to
invest in mutual funds whose net asset value per share may fluctuate on a periodic basis
so long as the fund’s historical performance and investment objectives and policies
clearly demonstrate that such fluctuations can reasonably be expected to be minor (+/-
1.5% of NAV).
8
Operating Fund investments of the City of Muskegon shall be limited to instruments maturing
within twenty-four months from the time of purchase, except as otherwise provided for in
paragraph (b) above.
SAFEKEEPING AND CUSTODY
Investments of the City of Muskegon shall be secured and safeguarded as follows:
The city typically will not invest in securities requiring physical delivery.
Book-entry instruments shall be verified by official receipt of the original issuer.
All trades where applicable will be executed by delivery vs. payment (DVP) to ensure that
securities are deposited in an eligible financial institution prior to the release of funds.
SELECTION OF FINANCIAL INSTITUTIONS
The city’s main depository shall be selected by the City Commission through the city’s banking
services procurement process, which shall include formal request for proposals when deemed
appropriate by the city. Only legally eligible institutions maintaining a permanent office within the
City of Muskegon will be considered. In selecting a main depository, the creditworthiness of
institutions shall be considered, and the Director of Finance shall review the prospective
depositories’ credit characteristics and financial histories in addition to analyzing the range of
services offered and their cost. It shall be the city’s policy to consolidate, to the extent possible,
banking services with a single service provider.
CONFLICT OF INTEREST
City officials involved in the investment process shall refrain from personal business activities that
could conflict with proper execution of the investment program, or which could impair their ability
to make impartial investment decisions. Investment officials shall disclose to the City Manager
any material financial interest in financial institutions that conduct business with the city.
OPERATING FUNDS PORTFOLIO DIVERSIFICATION GUIDELINES
The following guidelines shall be followed by city officials in the investment of the city’s operating
funds:
1. At least ten percent (10%) of the portfolio shall be invested legally eligible money market
funds or interest earning bank accounts to assure adequate liquidity for city cash needs.
2. At least thirty percent (30%) of the portfolio shall be invested in United States Treasury
Bills, Treasury Notes, Treasury Bonds or other obligations of the United States or an
agency or instrumentality of the United States (to the extent permitted by state law). No
more than twenty-five percent (25%) of the portfolio may be invested in United States
government instruments maturing between twelve (12) months and sixty (60) months
from the date of purchase.
3. No more than twenty-five percent (25%) of the portfolio shall be invested in certificates of
deposit of eligible banks and/or savings and loan institutions.
4. No more than twenty-five percent (25%) of the portfolio shall be invested in legally eligible
commercial paper.
5. No more than twenty-five percent (25%) of the portfolio shall be invested in legally eligible
bankers’ acceptances.
6. No more than twenty percent (20%) of the portfolio shall be invested at one time in the
securities of a single issuer (except the US. Government, its agencies or
instrumentality’s).
9
CASH POOLING AND ALLOCATION OF INVESTMENT EARNINGS
Cash balances of the city’s various funds may be pooled for investment purposes to achieve the
administrative and yield benefits of larger denomination investment securities. Interest earned on
pooled investments shall be allocated monthly to eligible individual funds based on the average
pooled cash balance of each fund during the month.
XII. TRUST FUND INVESTMENT POLICY
It is recognized that the investment horizon of the city’s non-expendable trust funds (e.g.
Cemetery Perpetual Care Fund, Reese Playfield Trust, Hackley Park Trust) is longer than that of
the city’s “operating funds”. Principal assets of these trusts are not available for current
expenditure and so it is sometimes appropriate and desirable that investment earnings be
optimized through investment in securities maturing later than the five-year maximum allowed
under the city’s “Operating Funds Investment Policy”. Accordingly, the following policies will guide
investment of the city’s trust assets:
Investments may be made in US. Treasury notes or bonds or other obligations of the United
States or an agency or instrumentality of the United States (to the extent permitted by state law)
maturing within thirty (30) years of the date of purchase.
Investments may be made in other legally permissible instruments maturing within fifteen (15)
years of the date of purchase or in registered mutual funds whose portfolios consist of investment
instruments permitted by law.
Except as otherwise provided herein, terms of the city’s “Operating Funds Investment Policy” shall
apply to the investment activities of the city’s non-expendable trusts.
XIII. ECONOMIC DEVELOPMENT INCENTIVES
Economic development incentives are tools (such as IFT tax abatements) used by the city to
retain or attract jobs and tax base. There are expenditures and opportunity costs as well as
benefits associated with these incentives. These costs and benefits typically do not clearly appear
in the city’s budget or financial statements or, if they do, the overall impact of these incentive costs
and benefits often take place over many years. It shall be the city’s policy to prepare a
comprehensive cost-benefit analysis prior to the granting of economic development incentives.
The cost-benefit analysis shall take into account both short-term and long-term financial impacts
and shall address the projected impacts on other government units (such as schools, county, etc.)
as well as on the city itself.
XIV. PETTY CASH USES AND LIMITS
Petty cash accounts may be established in such locations and in such amounts as may be
determined necessary by the City Manager. Petty cash disbursements up to $300.00 are
permitted for the following purposes: 1) for the expedited purchase of minor goods or services, 2)
to provide immediate reimbursement to employees for travel or other costs paid out of their own
pocket in the conduct of city business and, 3) to provide immediate refunds to customers as
warranted. All uses of petty cash must be fully supported by receipts or other appropriate
documentation. Petty cash procedures shall be reviewed periodically by the city’s independent
auditor.
XV. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE
From time to time the city sells real estate that it owns. It is city policy that, unless required by law
or by specific direction of the City Commission, proceeds from such property sales shall be
deposited to the city’s Public Improvement Fund to be used to finance general purpose capital
needs.
10
In the case of tax reverted property sold by the city, sale proceeds will first be used to reimburse
appropriate city funds for expenses incurred in maintaining and selling the property. Any
remaining sale proceeds will be distributed to the city and other taxing jurisdictions in the same
manner as regular property taxes.
XVI. PROCUREMENT CARD PROGRAM POLICY
GENERAL
Regular government purchasing methods, such as purchase orders, can be cumbersome and
costly in relation to the value of goods being purchased. To promote operational efficiency, the
city has adopted a procurement card purchasing program for use with small dollar value
purchases.
A number of unique controls have been developed for the procurement card program. These
controls will ensure that cards can be used only for specific purchases and within specific dollar
limits. In addition, documentation of all purchases is required by each cardholder with further
approval from the department head and the City Manager’s office before payment is made.
The unique procurement card issued by the city has the employee’s name embossed on it
together with the City of Muskegon logo and tax-exempt status. No one other than the employee
in whose name is on the card may use the card. CITY ISSUED PROCUREMENT CARDS MAY
ONLY BE USED BY DESIGNATED CITY EMPLOYEES FOR THE PURCHASE OF GOODS OR
SERVICES FOR THE OFFICIAL BUSINESS OF THE CITY OF MUSKEGON. UNDER NO
CIRCUMSTANCES IS THE PROCUREMENT CARD TO BE USED FOR PERSONAL
PURCHASES.
DESIGNATION OF RESPONSIBLE OFFICIAL
The Finance Director is designated as the official responsible for overseeing compliance with this
procurement card policy including procurement card issuance, accounting for procurement card
transactions, monitoring and payment of procurement card statements.
TRANSACTION AMOUNTS
The procurement card may be used for purchases of individual items up to $2,500.00 in value.
The total monthly dollar value of transactions on each procurement card will generally be limited
to $5,000.00. The City Manager may establish higher monthly credit limits for employees whose
positions require higher than normal use of the procurement card. Also, procurement cards may
be used for individual purchases exceeding $2,500.00 with prior authorization of the City
Manager. The total combined authorized credit limit of all procurement cards issued by the city
shall not exceed five percent of the city’s total budget for the current year. All purchases made
with a city procurement card must be fully supported by receipts, invoices, and other
documentation. Such documentation is to be attached to the monthly procurement card
statement and cardholder’s reconciliation.
INTEREST COSTS AND SALES TAX
It is the city’s policy to pay in full each month on or before the due date the total balance due on its
procurement cards thereby avoiding interest charges. As a municipality, the city is exempt from
payment of state sales tax. City procurement card users are expected to exercise care in
conducting transactions to ensure that they are not incorrectly charged for sales tax.
11
OTHER PURCHASING POLICIES
The procurement card is a supplement to other purchasing procedures such as purchase orders.
As with the other purchasing methods, the following conditions must be met when using your
procurement card.
• Each single purchase may be comprised of multiple items, but the total cannot exceed the
single purchase dollar limit on your procurement card.
• When purchases exceed the established dollar limits, the normal procedures of using
purchase orders must be followed unless written authorization is given by the employee’s
department head.
• The least expensive item that meets your basic needs should be bought and competitive
quotes must be obtained in accordance with existing purchasing policies.
• Cardholders must follow normal budgetary control procedures to ensure that sufficient
funds are available prior to making purchase.
• Use of the procurement card does not relieve the cardholder from complying with Federal,
State and city ordinances, regulations, policies and procedures.
• Use of the procurement card is not intended to replace effective procurement planning
which enable volume discounts.
• Purchases are not to be split to circumvent procurement regulations.
RESTRICTIONS ON USE
The following list covers purchases for which procurement cards use is prohibited:
• Cash advances through bank tellers or teller machines.
• Traveler’s Checks.
• Purchase of gasoline or diesel fuel for city vehicles except in emergencies (use city
pumps or Fuelman System).
• Purchase of items stocked in city inventory unless required in emergencies.
• Additional specific restrictions as deemed necessary by individual departments.
XVII. ELECTRONIC PAYMENTS
Modern technology makes it possible to transfer funds electronically in lieu of issuing paper
checks. This technology offers many benefits to users including lower transaction costs, reduced
opportunities for fraud, and better cash management control. The city has effectively utilized this
technology for several years for purposes such as direct deposit of employee paychecks and
automatic payment of customers’ water bills. The city supports continued use and expansion of
electronic payments technology for payment of vendors and other uses provided appropriate
internal controls are established. The City Manager and Finance Director, in conjunction with the
city’s independent auditors, are authorized to develop the necessary procedures and controls for
expanded use of this technology in the City of Muskegon.
12
XVIII. ACCEPTANCE OF CREDIT CARD PAYMENTS
The city has studied the costs and benefits of accepting credit card payments from customers and
has determined that credit card acceptance significantly enhances customer service and provides
administrative and other benefits to the city that outweigh the associated costs. Accordingly, the
city’s policy shall be to accept credit cards for payment of all city bills and invoices except routine
payment of property taxes and income taxes. The City Treasurer or Income Tax Administrator
may permit payment by credit card for property or income taxes in specific collection cases where
they have determined it is in the city's best interest to do so.
13
CITY OF MUSKEGON
FINANCIAL POLICIES
UPDATED DECEMBER, 1999
14
07/11/2022 02:59 PM GL ACTIVITY REPORT FOR CITY OF MUSKEGON Page: 1/2
User: jessica.rabe
DB: Muskegon TRANSACTIONS FROM 01/01/1901 TO 12/31/2020
Date JNL Type Description Reference # Debits Credits Balance
Fund 482 STATE GRANTS
Expenditures
Department 94013
01/01/1901 482-94013-5346 CONTRACTUAL SERVICES BEG. BALANCE 0.00
07/01/1901 1901-02 Fiscal Year Begin 0.00
07/01/1902 1902-03 Fiscal Year Begin 0.00
07/01/1903 1903-04 Fiscal Year Begin 0.00
07/01/1904 1904-05 Fiscal Year Begin 0.00
07/01/1905 1905-06 Fiscal Year Begin 0.00
07/01/1906 1906-07 Fiscal Year Begin 0.00
07/01/1907 1907-08 Fiscal Year Begin 0.00
07/01/1908 1908-09 Fiscal Year Begin 0.00
07/01/1909 1909-10 Fiscal Year Begin 0.00
07/01/1910 1910-11 Fiscal Year Begin 0.00
07/01/1911 1911-12 Fiscal Year Begin 0.00
07/01/1912 1912-13 Fiscal Year Begin 0.00
07/01/1913 1913-14 Fiscal Year Begin 0.00
07/01/1914 1914-15 Fiscal Year Begin 0.00
07/01/1915 1915-16 Fiscal Year Begin 0.00
07/01/1916 1916-17 Fiscal Year Begin 0.00
07/01/1917 1917-18 Fiscal Year Begin 0.00
07/01/1918 1918-19 Fiscal Year Begin 0.00
07/01/1919 1919-20 Fiscal Year Begin 0.00
07/01/1920 1920-21 Fiscal Year Begin 0.00
07/01/1921 1921-22 Fiscal Year Begin 0.00
07/01/1922 1922-23 Fiscal Year Begin 0.00
07/01/1923 1923-24 Fiscal Year Begin 0.00
07/01/1924 1924-25 Fiscal Year Begin 0.00
07/01/1925 1925-26 Fiscal Year Begin 0.00
07/01/1926 1926-27 Fiscal Year Begin 0.00
07/01/1927 1927-28 Fiscal Year Begin 0.00
07/01/1928 1928-29 Fiscal Year Begin 0.00
07/01/1929 1929-30 Fiscal Year Begin 0.00
07/01/1930 1930-31 Fiscal Year Begin 0.00
07/01/1931 1931-32 Fiscal Year Begin 0.00
07/01/1932 1932-33 Fiscal Year Begin 0.00
07/01/1933 1933-34 Fiscal Year Begin 0.00
07/01/1934 1934-35 Fiscal Year Begin 0.00
07/01/1935 1935-36 Fiscal Year Begin 0.00
07/01/1936 1936-37 Fiscal Year Begin 0.00
07/01/1937 1937-38 Fiscal Year Begin 0.00
07/01/1938 1938-39 Fiscal Year Begin 0.00
07/01/1939 1939-40 Fiscal Year Begin 0.00
07/01/1940 1940-41 Fiscal Year Begin 0.00
07/01/1941 1941-42 Fiscal Year Begin 0.00
07/01/1942 1942-43 Fiscal Year Begin 0.00
07/01/1943 1943-44 Fiscal Year Begin 0.00
07/01/1944 1944-45 Fiscal Year Begin 0.00
07/01/1945 1945-46 Fiscal Year Begin 0.00
07/01/1946 1946-47 Fiscal Year Begin 0.00
07/01/1947 1947-48 Fiscal Year Begin 0.00
07/01/1948 1948-49 Fiscal Year Begin 0.00
07/01/1949 1949-50 Fiscal Year Begin 0.00
07/01/1950 1950-51 Fiscal Year Begin 0.00
07/01/1951 1951-52 Fiscal Year Begin 0.00
07/01/1952 1952-53 Fiscal Year Begin 0.00
07/01/1953 1953-54 Fiscal Year Begin 0.00
07/01/1954 1954-55 Fiscal Year Begin 0.00
07/01/1955 1955-56 Fiscal Year Begin 0.00
07/01/1956 1956-57 Fiscal Year Begin 0.00
07/01/1957 1957-58 Fiscal Year Begin 0.00
07/01/1958 1958-59 Fiscal Year Begin 0.00
07/01/1959 1959-60 Fiscal Year Begin 0.00
07/01/1960 1960-61 Fiscal Year Begin 0.00
07/01/1961 1961-62 Fiscal Year Begin 0.00
07/01/1962 1962-63 Fiscal Year Begin 0.00
07/01/1963 1963-64 Fiscal Year Begin 0.00
07/01/1964 1964-65 Fiscal Year Begin 0.00
07/01/1965 1965-66 Fiscal Year Begin 0.00
07/01/1966 1966-67 Fiscal Year Begin 0.00
07/01/1967 1967-68 Fiscal Year Begin 0.00
07/01/1968 1968-69 Fiscal Year Begin 0.00
07/01/1969 1969-70 Fiscal Year Begin 0.00
07/01/1970 1970-71 Fiscal Year Begin 0.00
07/01/1971 1971-72 Fiscal Year Begin 0.00
07/01/1972 1972-73 Fiscal Year Begin 0.00
07/01/1973 1973-74 Fiscal Year Begin 0.00
07/01/1974 1974-75 Fiscal Year Begin 0.00
07/01/1975 1975-76 Fiscal Year Begin 0.00
07/01/1976 1976-77 Fiscal Year Begin 0.00
07/01/1977 1977-78 Fiscal Year Begin 0.00
07/01/1978 1978-79 Fiscal Year Begin 0.00
07/01/1979 1979-80 Fiscal Year Begin 0.00
07/01/1980 1980-81 Fiscal Year Begin 0.00
07/01/1981 1981-82 Fiscal Year Begin 0.00
07/01/1982 1982-83 Fiscal Year Begin 0.00
07/01/1983 1983-84 Fiscal Year Begin 0.00
07/01/1984 1984-85 Fiscal Year Begin 0.00
07/01/1985 1985-86 Fiscal Year Begin 0.00
07/11/2022 02:59 PM GL ACTIVITY REPORT FOR CITY OF MUSKEGON Page: 2/2
User: jessica.rabe
DB: Muskegon TRANSACTIONS FROM 01/01/1901 TO 12/31/2020
Date JNL Type Description Reference # Debits Credits Balance
482-94013-5346 CONTRACTUAL SERVICES (Continued)
07/01/1986 1986-87 Fiscal Year Begin 0.00
07/01/1987 1987-88 Fiscal Year Begin 0.00
07/01/1988 1988-89 Fiscal Year Begin 0.00
07/01/1989 1989-90 Fiscal Year Begin 0.00
07/01/1990 1990-91 Fiscal Year Begin 0.00
07/01/1991 1991-92 Fiscal Year Begin 0.00
07/01/1992 1992-93 Fiscal Year Begin 0.00
07/01/1993 1993-94 Fiscal Year Begin 0.00
07/01/1994 1994-95 Fiscal Year Begin 0.00
07/01/1995 1995-96 Fiscal Year Begin 0.00
07/01/1996 1996-97 Fiscal Year Begin 0.00
07/01/1997 1997-98 Fiscal Year Begin 0.00
07/01/1998 1998-99 Fiscal Year Begin 0.00
07/01/1999 1999-00 Fiscal Year Begin 0.00
07/01/2000 2000-01 Fiscal Year Begin 0.00
07/01/2001 2001-02 Fiscal Year Begin 0.00
07/01/2002 2002-03 Fiscal Year Begin 0.00
07/01/2003 2003-04 Fiscal Year Begin 0.00
07/01/2004 2004-05 Fiscal Year Begin 0.00
11/30/2004 HS SUMMARY 94013 CNVRSN 1,687.50 1,687.50
12/31/2004 HS SUMMARY 94013 CNVRSN 3,105.00 4,792.50
03/31/2005 HS SUMMARY 94013 CNVRSN 899.02 5,691.52
03/31/2005 HS SUMMARY 000 94013 CNVRSN 1,462.50 7,154.02
04/30/2005 HS SUMMARY 94013 CNVRSN 262.50 7,416.52
05/31/2005 HS SUMMARY 000 94013 CNVRSN 1,035.76 8,452.28
06/30/2005 HS SUMMARY 94013 CNVRSN 1,947.90 10,400.18
07/01/2005 2005-06 Fiscal Year Begin 0.00
07/31/2005 HS SUMMARY 94013 CNVRSN 414.50 414.50
08/31/2005 HS SUMMARY 94013 CNVRSN 345.87 760.37
09/30/2005 HS SUMMARY 94013 CNVRSN 750.00 1,510.37
10/31/2005 HS SUMMARY 94013 CNVRSN 10,133.90 11,644.27
11/30/2005 HS SUMMARY 94013 CNVRSN 1,695.37 13,339.64
12/31/2005 HS SUMMARY 94013 CNVRSN 7,462.18 20,801.82
03/31/2006 HS SUMMARY 94013 CNVRSN 4,020.65 24,822.47
04/30/2006 HS SUMMARY 94013 CNVRSN 16,654.86 41,477.33
05/31/2006 HS SUMMARY 94013 CNVRSN 3,787.50 45,264.83
06/30/2006 HS SUMMARY 94013 CNVRSN 7,617.31 52,882.14
07/01/2006 2006-07 Fiscal Year Begin 0.00
07/31/2006 HS SUMMARY 94013 CNVRSN 4,279.76 4,279.76
08/31/2006 HS SUMMARY 94013 CNVRSN 12,561.27 16,841.03
09/30/2006 HS SUMMARY 94013 CNVRSN 2,327.50 19,168.53
10/31/2006 HS SUMMARY 94013 CNVRSN 116,926.96 136,095.49
11/30/2006 HS SUMMARY 94013 CNVRSN 6,775.25 142,870.74
12/31/2006 HS SUMMARY 94013 CNVRSN 35,215.87 178,086.61
02/28/2007 HS SUMMARY 94013 CNVRSN 3,647.99 181,734.60
03/31/2007 HS SUMMARY 94013 CNVRSN 31,199.23 212,933.83
04/30/2007 HS SUMMARY 94013 CNVRSN 10,039.14 222,972.97
05/31/2007 HS SUMMARY 94013 CNVRSN 74,951.84 297,924.81
06/30/2007 HS SUMMARY 94013 CNVRSN 12,934.79 310,859.60
07/01/2007 2007-08 Fiscal Year Begin 0.00
07/31/2007 HS SUMMARY 94013 CNVRSN 4,162.50 4,162.50
08/31/2007 HS SUMMARY 94013 CNVRSN 36,811.37 40,973.87
09/30/2007 HS SUMMARY 94013 CNVRSN 6,033.77 47,007.64
10/31/2007 HS SUMMARY 94013 CNVRSN 33,284.06 80,291.70
11/30/2007 HS SUMMARY 94013 CNVRSN 2,776.50 83,068.20
12/31/2007 HS SUMMARY 94013 CNVRSN 17,767.22 100,835.42
01/31/2008 HS SUMMARY 94013 CNVRSN 5,692.00 106,527.42
02/29/2008 HS SUMMARY 94013 CNVRSN 10,953.16 117,480.58
03/31/2008 HS SUMMARY 94013 CNVRSN 24,127.59 141,608.17
07/01/2008 2008-09 Fiscal Year Begin 0.00
07/31/2008 HS SUMMARY 94013 CNVRSN 5,801.25 5,801.25
10/31/2008 HS SUMMARY 94013 CNVRSN 4,050.00 9,851.25
11/30/2008 HS SUMMARY 94013 CNVRSN 318.60 10,169.85
03/31/2009 HS SUMMARY 94013 CNVRSN 262.50 10,432.35
07/01/2009 2009-10 Fiscal Year Begin 0.00
03/31/2010 HS SUMMARY 94013 CNVRSN 2,550.00 2,550.00
07/01/2010 2010-11 Fiscal Year Begin 0.00
07/01/2011 2011-12 Fiscal Year Begin 0.00
07/01/2012 2012-13 Fiscal Year Begin 0.00
07/01/2013 2013-14 Fiscal Year Begin 0.00
07/01/2014 2014-15 Fiscal Year Begin 0.00
07/01/2015 2015-16 Fiscal Year Begin 0.00
07/01/2016 2016-17 Fiscal Year Begin 0.00
07/01/2017 2017-18 Fiscal Year Begin 0.00
07/01/2018 2018-19 Fiscal Year Begin 0.00
07/01/2019 2019-20 Fiscal Year Begin 0.00
07/01/2020 2020-21 Fiscal Year Begin 0.00
12/31/2020 482-94013-5346 END BALANCE 528,732.44 0.00 0.00
TOTAL FOR DEPARTMENT 94013 528,732.44 0.00
TOTAL Expenditures 528,732.44 0.00
TOTAL FOR FUND 482 STATE GRANTS 528,732.44 0.00
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 07/26/2022 Title: Certification of MERS Representatives
Submitted By: Jessica Rabe Department: Finance
Brief Summary: Assigning Delegates for MERS Conference
Detailed Summary: The MERS plan document provides that “the governing body for each
municipality shall certify the names of (2) delegates to the Annual Meeting. One delegate shall be
a member who is an officer of the municipality appointed by the governing body of the municipality.
The other delegate shall be a member who is not an officer of the municipality, elected by the
member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date of joining MERS)
to select one official employee representative. This year the official employee representative
attending the MERS conference will be Michael Hewartson from the Fire Unit.
Amount Requested: $410 plus travel Amount Budgeted: None
Fund(s) or Account(s):30202 Fund(s) or Account(s):
Recommended Motion: To approve Hayden Nickell (Finance Management Assistant) as
designated delegate to MERS Conference and to make Michael Hewartson employee
representative.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
Municipal Employees’ Retirement System of Michigan
1134 Municipal Way • Lansing, MI 48917
800.767.MERS (6377) • Fax: 517.703.9707
www.mersofmich.com
2022 Officer and Employee Delegate Certification Form
MERS Annual Business Meeting | September 2022
Please print clearly • Scan and attach this file when you register online • Retain a copy for your records
IMPORTANT: If you are not electing/appointing delegates to vote during the MERS Annual Business Meeting, please
DO NOT submit this form. A delegate is NOT confirmed to have voting rights until this form has been uploaded with
their online registration.
The voting delegate representative must be a MERS member, defined as an active employee on payroll who is enrolled in either a
MERS Defined Benefit Plan, Defined Contribution Plan or Hybrid Plan.
1. Officer (and alternate) delegate information
The officer delegate (or alternate) shall be a MERS member who holds a department head position or above, exercises management
responsibilities, and is directly responsible to the legislative, executive, or judicial branch of government.
Officer Delegate name
Hayden Nickell
Officer Alternate name
Officer delegate and alternate listed above were appointed to serve during the 2022 MERS Annual Business Meeting by official action
July 26
of the governing body (or chief judge for a participating court) on _____________________, 2022.
2. Employee (and alternate) delegate information
The employee delegate (or alternate) shall be an employee member who is not responsible for management decisions, receives
direction from management and, in general, is not directly responsible to the legislative, executive, or judicial branch of government.
Employee Delegate name
Michael Hewartson
Employee Alternate name
Employee delegate and alternate listed above were elected to serve during the 2022 MERS Annual Business Meeting by secret ballot
election conducted by an authorized officer on _____________________, 2022.
3. Certification
NOTE: Certification should be signed by a member of the governing body or chief administrative officer, or the chief judge for a
participating court. An electronic signature is permissible.
I certify that the officer delegate and alternate selections are true and correct, and the secret ballot election results for the employee
delegate and alternate are true and correct.
Employer/municipality name* Municipality number* Email address
City of Muskegon 56320 ann.meisch@shorelinecity.com
Employer address Employer city Employer state Employer zip code
933 Terrace Muskegon MI 49440
Printed name Title of authorized authority*
Ann Meisch Clerk
Authorized signature* Date
* Required field
2
1. You may complete it electronically (an electronic authorized signature is permissible),
then save it and upload it when registering your delegate(s) – OR –
ways to
complete
2. You may print it off and complete it, then scan and upload it to your computer for
uploading when you register your delegate(s).
Form 7175 (version 2022-06-15)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26, 2022 Title: Haunted Fields Cannabis Event
Submitted By: Jacqui Erny Department: Public Works
Brief Summary: 420 Harvey Events LLC would like to host a small cannabis event on their
property located at 420 Harvey St on Friday, October 28, 2022.
Detailed Summary: This will be a Halloween themed cannabis event on private property located in
the marijuana overlay district. They expect to host 200 guests from 7-11 pm.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the cannabis event to be held at 420 Harvey St on October 28,
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:
2022 CITY OF MUSKEGON SPECIAL EVENT APPLICATION
A special event application is required for any public event held on City property or using City services. The
application and fee must be submitted to the Muskegon Department of Public Works at least 30 days prior to
the eventdate. In addition, any events where alcohol is served will require a temporary liquor license, which is
handledseparately through the Muskegon Police Department. Contact the Police Department at 231.724.6750
for liquor license fees and requirements.
Return completed application with payment to the Muskegon Department of Public Works:
Email: specialevents@shorelinecity.com
Address: 1350 E Keating Ave, Muskegon, MI 49442
Telephone: 231.724.6907
► SPECIAL EVENT APPLICATION FEE SCHEDULE
Events occurring during peak event season April Events occurring outside of peak season
15 – September 30 January 1 – April 14 & October 1 – December 31
$100 fee for applications submitted 60 days or more prior to $100 fee for applications submitted 60 days or more prior to
the event date the event date
$250 fee if submitted 45-59 days prior to the event date $200 fee if submitted 45-59 days prior to the event date
$400 fee if submitted 30-44 days prior to the event $300 fee if submitted 30-44 days prior to the event
Applications submitted less than 30 days prior to the event $400 fee for applications submitted less than 30 days prior
date will not be accepted. to the event
► I. EVENT SUMMARY
EVENT NAME Haunted Fields
EVENT DATE(S) 10/28/2022
START:
EVENT TIME(S) 7pm-11pm
END:
EVENT LOCATION 420 Harvey Muskegon, MI 49442
NOTE: Some City parks require an additional exclusive use fee if your event will utilize the entire park. This
includes Hackley Park, Margaret Drake Elliott Park, and the Pere Marquette Ovals center parking lot. Some
locations, including the beach, have paid parking in effect from May 15 to September 15. Please see the
Special Events fee schedule for further details.
► II. APPLICANT INFORMATION
ORGANIZATION NAME Fields Cannabis
APPLICANT’S NAME/
RESPONSIBLE PARTY 420 Harvey Events LLC
ORGANIZATION / APPLICANT
ADDRESS /CITY/ STATE/ ZIP 420 Harvey, Muskegon, MI. 49442
APPLICANT PHONE NO(s). 231-260-6853
APPLICANT E-MAIL ADDRESS cory@fieldcannabis.com
CONTACT NAME & PHONE
NUMBER DURING EVENT 231-260-6853
Representative must be on site and available during event hours
Page | 1
► III. ALCOHOL SERVICE
Will there be alcohol sold/served at the event? NO (proceed to Section IV, Event Site Details)
yes YES (complete remainder of Section III, below)
Applicant must contact the Muskegon Police Department to apply for a separate liquor license. The liquor
license application also requires State of Michigan approval so it is imperative that you get this done early. No
liquor license will be issued within 14 days of an event date.
Name of non-profit organization you are
partnering with for the liquor license: Meds For The People L3C
Contact person at non-profit organization
(name & phone number): Becca Newman 616-206-1458
► IV. EVENT SITE DETAILS
If your event is for a run/walk/parade, you must include a MAP of your route with the application.
Provide a detailed description of your event. Use additional sheets if necessary:
Haunted Fields will be a Halloween themed, Adult Use Cannabis Event, held at 420 Harvey in Muskegon,
Mi. 49442. This property was added to the city of Muskegon's marijuan overlay district, and is owned by
420 Harvey Rental and Storage LLC. Property is located at the corner of Marquette and Harvey in the city
of Muskegon.
Event Hours:7pm-11pm
Expected attendance of 200 guest, and 40 staff.
Live entertainment including musical performances, visual artist, spoken word, costume contest, holiday
themed games, retail cannabis procurement opportunities, dinning and drinks.
Event tent will be set up large enough to accomodate anticipated guest and staff. Adequate parking is
avaliable onsite.
Security, setup, and cleanup will be handeled by 420 Harvey LLC Rental and Storage.
Number of people expected at event 240 Is this a new/ first-time event? No Yes yes
No Yes yes
Will there be food concessions at the event?
**Contact Fire Marshall for requirements
Will there be emergency medical services present? No no Yes
(Other municipalities may not provide services in the City) Provider:
Will there be pyrotechnics/fire features at the event? No no Yes **If yes, contact the Fire
Marshall re: inspections/permits required
No Yes yes
Will you have your own security present?
Provider: Securatech
Number/location of portable toilet facilities provided # 5 Location: south east corner of building
Will there be a stage assembled on site? No Yes yes Size__________
12'x20'
By Whom_________________
rental company
Will there be assembly tents erected at the event? No Yes yes Size 40'x60'
**If yes and over 400 sq ft in size, contact the building
inspection department to schedule a required inspection
Page | 2
► V. CITY EQUIPMENT REQUESTED
Indicate the number of each item you’re requesting, below. There are additional fees if you require City
staff to transport the items. Labor charges start at $60/hour per person. Larger items may require 2 people
to move/transport.
ITEM QUANTITY ITEM QUANTITY
Wooden picnic tables ($10 each) Fire hydrant use ($100 per hydrant)
55-gallon metal trash cans ($5 each) Snow fence ($30/50 ft roll)
Trash bags ($50 per case) Fence posts ($3 per post. 1 every 10 ft)
Check one: I request that City staff deliver the above items to the event site (for an additional fee):
I agree to pick up and return the above items from/to the Public Works building:
The 2 items listed at right are available for your No Parking signs
use free of charge, as long as they are picked up
and returned to the City’s Public Works building. Safety Vests
Are you requesting any other City services or equipment? (use of water, electric, etc) No NO Yes *
* List other services here:
► Are you requesting any STREET CLOSURES No NO Yes
If yes, you must complete section VIII on page 5
► VI. LIABILITY INSURANCE
Liability insurance in the amount of $1,000,000 in coverage naming the City of Muskegon as an additional
insured is required for all events. You may contact an insurance agent of your choice to obtain liability
insurance coverage. Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers thereof; it is
understood and agreed that by naming the City of Muskegon as additional insured, coverage afforded is
considered to be primary and any other insurance the City of Muskegon may have in effect shall be
considered secondary and/or excess.”
An acceptable certificate of insurance must be submitted no later than 10 days before the event date.
Name of Insurance Company/Agent KIG Insurance/ Jake Feldman, CLCS
► VII. REQUIREMENTS OF THE SPECIAL EVENT PERMIT
1. Applicant shall comply with all rules and regulations of the City of Muskegon Special Event Policy.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. The applicant organization will save the City of Muskegon harmless from all claims.
4. City staff may require a meeting with applicant organization to help clarify requests for services.
5. Event grounds will be left clean and free of litter. Failure of the applicant to satisfactorily clean
the site may result in the City cleaning the site and billing the applicant for its services
6. The City reserves the right to deny changes to the application once final approval is given.
7. Failure to provide any requested information in a timely manner or providing false information may
result in denial or revocation of the special event permit.
Page | 3
► Failure to comply with any requirements of the Special Event Permit may result in the denial of
future event requests.
With my signature, I certify that I have read and agree to the City of Muskegon Special Event Policy
and all items listed on this application. I agree to abide by all applicable ordinances & regulations.
06/23/2022
Signature of Applicant Date
Page | 4
► VIII. STREET CLOSURES
* * * This section must be completed for any event requesting street closures * * *
List the streets you are requesting to close (for example: Western Ave from 3rd to 4th St.), and attach a map or
sketch of the event footprint:
STREET TO BE CLOSED** | FROM WHICH INTERSECTION / LOCATION | TO WHICH INTERSECTION
Example: Western Ave Just west of Jefferson St. Second St.
1.
2.
3.
4.
5.
6.
NOTE: Any changes to street closures within 30 days of the event date will incur a $50 fee. No changes
will be allowed within 14 days of the event date.
**If the street(s) that are closed for your event contain any handicap parking spaces, you will be responsible
for relocating that number of reserved handicap spaces to a nearby open street. You can obtain temporary
handicap parking signage from our Public Works Department. Provide a site plan showing the location of the
relocated parking spaces.
To help ensure the safety of event participants and the public, street closures require the following:
• Police, Fire, DPW and/or City Commission approval. Your completed application will be routed to all
necessary parties by the Special Event Coordinator for their approval.
• BARRICADES. Street closures generally require barricades which are provided by the City. Transportation
of barricades can incur additional fees for DPW staff labor, and police assistance when deemed necessary by
the Public Safety Director. City staff can provide a cost estimate for you upon request to the Special Event
Coordinator.
• NO PARKING SIGNAGE. “No Parking” signs must be posted by the applicant 48 hours prior to the street
closure in order for Police to enforce the No Parking order. You may pick up the signs at the DPW building at
no charge. You must provide and affix an addendum to each sign stating the name of the event and date and
time the closures are in effect (see right for an example).
The minimum size of addendum is 5 ½” by 8 ½” (half a sheet of EVENT NAME
paper). All signs must be removed by the applicant at the conclusion
of the event and returned to the DPW. EFFECTIVE
Sample addendum to be provided by applicant SATURDAY
6:00 PM – 8:30 PM
• NOTIFICATION OF AFFECTED PARTIES
You must notify property owners along the street closure route of the date and time of street closures.
You can do this by delivering a notice in person or by mailing a notice to the property owner. The
Department of Public Works can provide you with the names and addresses of property owners along your
route, for mailing purposes. The notice shall include the day/date and time that street closures and/or
parking restrictions are in effect.
Thank you for helping us, help you make your event safe and successful.
Page | 5
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26th, 2022 Title: MDNR Conversion Assistance RFQ
Submitted By: Leo Evans Department: DPW / Parks
Brief Summary: DPW is requesting permission to solicit proposals from interested firms to provide the
city assistance in working through the MDNR (Michigan Department of Natural Resources) conversion
process.
Detailed Summary:
The Adelaide Pointe and Hartshorn Village projects are going to impact MDNR encumbered
properties in the form of Hartshorn Marina and the Lakeshore Trail. As those development
projects progress into future stages the city will need to work with MDNR and the National Park
Service (NPS) to ensure that the impacts to the encumbered properties are properly mitigated.
MDNR allows for multiple conversions to be resolved concurrently as such we are also including
assistance for other potential conversions in this proposal so those can all be resolved.
MDNR manages this process on the state level and terms this as a “conversion” wherein an area
that is encumbered for public outdoor recreation is converted into another use. The encumbered
area that is converted into a space that is not for public outdoor recreation must be replaced by an
equal or greater value area that is dedicated for public outdoor recreation.
No one on city staff has experience working through the multi-step process so we are requesting to
solicit proposals from interested firms to provide us technical assistance and experience in
navigating the complex process. A draft of the RFQ along with the proposed attachments are
included for your review.
A few things of note:
• A budget will need to be established for the conversion assistance as it was not included in
the original 22/23 budget proposal. Significant staff time is also anticipated to be required
for the effort.
• Entering into a conversion process will functionally eliminate the City from consideration for
most MDNR grants until such time that the conversion is satisfactorily resolved. Being
involved in an active conversion carries an automatic 50 point deduction (400 point scale)
on any grant applications until it is resolved.
• The conversion process is expected to take >1 year to complete as some of the impacted
properties are encumbered through the NPS (National Park Service) and require federal
concurrence.
At this time staff is only asking for permission to solicit proposals with the expectation that the
proposal will require future approval and consideration by this commission. As such there is zero
cost implication at this time, however the future consideration will require a cost allocation.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to solicit proposals for professional assistance in the MDNR
conversion process.
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
NOTICE TO CONSULTANTS
REQUEST FOR QUALIFICATIONS
PROJECT NAME: MDNR Conversion Assistance
DATE OF ISSUANCE: June 21st, 2022
DATE PROPOSAL DUE: July 12th, 2022
ISSUING OFFICE: City of Muskegon
c/o Leo Evans
Department of Public Works
1350 Keating Ave.
Muskegon, MI 49442
Tel. (231) 724-6920
Leo.Evans@shorelinecity.com
1
TABLE OF CONTENTS
PROPOSAL & AWARD ............................................................................................................... 3
INSTRUCTIONS TO CONSULTANTS ..................................................................................... 4
SPECIFIC PROJECT INFORMATION..................................................................................... 6
SCOPE OF SERVICES ................................................................................................................. 8
CONTENTS OF PROPOSAL ...................................................................................................... 9
EVALUATION ............................................................................................................................ 12
TENTATIVE SCHEDULE FOR AWARD ............................................................................... 13
INSURANCE REQUIREMENTS .............................................................................................. 14
Note: Should any of the pages or documents listed above be missing from your packet, or if you
have any questions regarding this RFP, please contact Leo Evans, Director of Public Works for
the City of Muskegon at (231) 724-6920 or via E-mail at Leo.Evans@shorelinecity.com
2
PROPOSAL & AWARD
The undersigned having become thoroughly familiar with and understanding of all the proposal
documents attached hereto, agrees to provide the services as specified herein, for the total fees as
stipulated herein, subject to negotiation.
I hereby state that all of the information I have provided is true, accurate and complete. I hereby
state that I have authority to submit this proposal which will become a binding contract if accepted
by the City.
I hereby state that I have read, understand and agree to be bound by all of the terms of this proposal
document.
Signature/Date
Title
Firm Name
Address
Telephone
E-Mail
3
INSTRUCTIONS TO CONSULTANTS
PROPOSALS
All proposals must be submitted following the proposal format supplied in this document and shall
be subject to all requirements of this document.
The City may consider as irregular any proposal in which there is an alteration of or departure
from the format stated in the RFP documents, and at its option may reject the same.
Each firm will include in their proposal a listing of each principal and the names of any proposed
sub-consultant/contractor and the name and address of each office which may be involved in the
project.
Before executing any subcontract, the successful firm shall submit the name and principals of any
proposed subcontractor for prior approval.
SUBMITTAL OF PROPOSALS
Three (3) copies of the proposal documents shall be submitted in a sealed envelope to:
City of Muskegon
City Clerk’s Office
933 Terrace Street
Muskegon, MI. 49440
The envelope shall be clearly marked on the exterior denoting the name of the firm submitting the
proposal and the name of the particular professional services contract for which the proposal is
offered.
The proposals shall be submitted by no later than 2:00 PM, Tuesday, July 12th, 2022.
AWARD / REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals and to waive any irregularity in proposals
received whenever such rejection or waiver is in the best interest of the City. The firm to whom
the Award is made will be notified at the earliest possible date. All firms submitting proposals
will be notified when the award is made. Award will not be completed until confirmed and
recommended by the city commission.
4
CITY RESPONSIBILITIES
The City will provide information as to the requirements for the project and make available
pertinent information which may be useful in the project work.
The City will designate a person to act as the City’s Project Manager with respect to the work to
be performed. Such person will have the authority to transmit instructions, receive information,
interpret and define the City policies and decisions with respect to elements pertinent to the project.
The Project Manager will examine all studies, reports, estimates, proposal, and other documents
prepared by the firm and render in writing, if necessary, decisions pertinent thereto within a
reasonable time.
The Project Manager will direct the consultant in writing to begin the work on each phase of the
project upon receipt of written evidence from the firm of the appropriateness of such action.
The Project Manager will direct the firm in writing to furnish any special services, sub-consultants
and/or extra work that may be required on the project upon receipt of written evidence from the
firm detailing as to cost, time schedule, and reason for such special service or extra work.
5
SPECIFIC PROJECT INFORMATION
INTRODUCTION TO PROJECT & BACKGROUND INFORMATION
The City of Muskegon is seeking proposals from qualified firms to provide comprehensive
assistance related to completing a city wide conversion process through the Michigan Department
of Natural Resources (MDNR). The City of Muskegon has, or will have, a number of projects
throughout the city that necessitate the need to enter into a conversion process with MDNR to
assess the impacts and reach an agreement on several impacted areas.
It is anticipated that the City of Muskegon will formally enter into the conversion process during
the 2022 calendar year and would desire to have the matter resolved in time for consideration
during the round of MDNR grant funding with applications due on April 1, 2023. If that date is
not achievable then the goal would be for resolution prior to the April 1, 2024 grant submittal
deadline.
The conversion process will at a minimum need to consider the following properties broken down
into three primary categories:
CONVERSION ANTICIPATED – These properties are very likely to trigger the start of a
conversion process for the City and are the primary areas that will require mitigation to resolve.
Submitting firms should anticipate completing steps 1-6 (Complete Process) of the MDNR
Conversion guidelines for these properties.
• Adelaide Pointe – Planned development that will impact Land and Water Conservation
Fund (LWCF) encumbered properties in the form of the Lakeshore Trail and the Hartshorn
Marina. Proposed development has plans for mitigating the trail impacts and dedicating
additional land for public use.
• Hartshorn Village – Planned development that will impact LWCF encumbered properties
in the form of the Lakeshore Trail and the Hartshorn Marina. Proposed development will
require relocation of the trail and transfer of the trail property to the development for a net
loss of acreage. Project also offers first right of refusal on slips within the public marina.
• Lakeshore Trail – Fee simple owned grant encumbered property that will require mitigation
as a result of the above referenced projects.
• Hartshorn Marina – Fee simple owned grant encumbered property that will require
mitigation as a result of the above referenced projects.
6
CONVERSION POTENTIAL – These properties have also been discussed for development that
may also trigger a conversion though the outcome is less certain at this time. The City would still
like these properties to be considered in the process should the development take shape to avoid
the potential need for an additional conversion process in the near future. Submitting firms should
anticipate completing steps 1-3 (Through Preliminary MDNR Review) of the MDNR
Conversion guidelines for these properties.
• Third Street Wharf – Potential property swap up for consideration that could see the
transfer of Fisherman’s Landing (City owned encumbered property) to a private owner in
exchange for the Third Street Wharf property.
• Fisherman’s Landing – Potential city owned parcel that could be swapped for privately
owned Third Street Wharf parcel.
• MDNR Railroad Transfer – MDNR has offered to sell the City of Muskegon portions of a
former railroad corridor which is encumbered through the acquisition process MDNR
original undertook to obtain the property. Part of the property currently contains the
Laketon Trail and part of the property is currently vacant corridor. City is considering the
offer and has ambitions to develop the vacant portion into a future trail, but would like the
ability to sell off excess portions of the property and retain only the necessary right of way
for the existing and future paths.
POTENTIAL MITIGATION SITES – These properties offer a potential opportunity to mitigate
some or all of the anticipated and potential conversions. These sites are expected to offer a net
increase in dedicated outdoor recreation acreage to offset any loss on the other sites. Submitting
firms should anticipate completing steps 1-6 (Full Process) of the MDNR Conversion guidelines
for these properties.
• CSX Railroad Acquisition – City is in the process of purchasing property from CSX
railroad for an abandoned spur. Portions of the former rail bed will remain with reverter
clauses that fit well with dedication for public use.
• Former Farmers Market – City owned parcel that housed the City Farmers Market which
has since been relocated to downtown. Site is unsuitable from an environmental standpoint
for redevelopment in residential use and may be a candidate site to dedicate a portion for
public use.
• Additional sites and features may be identified during the process, and the above list is not
intended to be all inclusive.
7
PURPOSE OF THE PROJECT
The proposed project seeks to assist the city as we work through a conversion of grant assisted
properties following the MDNR guidelines contained in the attached. At this time the City has not
actively entered into a conversion though the expectation is that will be eminent within the coming
year as progress continues on several major development projects. The triggering event is
anticipated to spur a much larger discussion on a city wide level regarding other potential projects
and impacts.
The city of Muskegon is looking for assistance through the entire six (6) step conversion process
outlined by MDNR in the attached document. The level of assistance varies per impacted property
as noted in the categories above. Anticipated tasks should be considered to be all of those listed
in the attached MDNR document.
8
SCOPE OF SERVICES
Reference the attached guidance documents from MDNR as the primary scope of services. As a
baseline for the project proposal interested vendors should anticipate that the work shall encompass
the following:
• Full six (6) step process on the six (6) identified parcels noted above in the Conversion
Anticipated and Potential Mitigation Site sections plus one (1) additional parcel/area that
is currently unidentified but may be required during the process should the necessary
mitigation be insufficient from the currently identified parcels.
• Partial three (3) step process on the three (3) identified parcels noted above in the
Conversion Potential section.
Additional work may be required over and above that level, and will be negotiated as necessary.
Meetings – The City anticipates there will be a need for five (5) in person meetings on this project
as follows;
• Kickoff meeting with the City/MDNR
• Stakeholder meetings (2 EA)
• Preliminary report review meeting with City/MDNR
• Final report review meeting with City/MDNR
The city/stakeholders may request additional meetings outside the scope of the study to assist with
public input, presentation of the findings to governing bodies and/or related boards, and to assist
with grant funding identification or preparation.
City staff anticipates providing authorization for the selected firm to largely act independently on
our behalf in coordinating issues with MDNR.
9
CONTENTS OF PROPOSAL
Proposals should be limited to 25 page faces. The scoring team will not award points for graphics
or marketing material, nor for narrative that does not directly contribute to demonstrating a firm’s
capabilities specifically related to this project. These requirements do not relieve a firm from the
requirement to submit a comprehensive, clear and concise proposal. At a minimum, each proposal
shall include the following items:
QUALIFICATIONS OF TEAM
Include a brief narrative description of the key members of the team and the roles they will play
in the successful implementation of this project. Highlight similar past experiences and technical
competence as it relates to the specific project details and previously completed projects. Include
any key members of sub consultants. Specifically identify the following roles and responsibilities:
• Project Lead Firm / Project Manager
• Surveyor
• GIS Mapping
• Environmental Consultant
• Appraiser (Must be from MDNR Approved List)
• SHPO Consultant
Provide resumes for key members and an organizational chart specific to the project identifying
primary contact(s). Up to three (3) references may be provided for use at the discretion of the
scoring team.
UNDERSTANDING OF SERVICES
Include a narrative description of your plan for accomplishing the project. Provide a timeline for
the project including key milestones to be met and identify dates for completion of project
deliverables. Identify critical areas of the project and your plan for addressing the critical needs.
LOCATION OF FIRM
Identify the location of firms that will complete the work. Score will be based on providing
preference to local services.
10
PRICED PROPOSAL
Include an estimated budget for the project and fee schedule for pertinent items required to
complete the project. Budget should be broken down by task and parcel for comparison by the
scoring team.
ADDITIONAL INFORMATION
The firm may also include any additional information and/or comments believed to be pertinent
but not specifically requested elsewhere in the document.
11
EVALUATION
The project will be awarded based on a Qualifications Based Selection (QBS) to the firm(s) that
provide a proposal that is most responsive to meeting both the needs of the project and the project
budget.
Proposals will be scored in four categories, by a scoring team composed of staff from each of the
participating municipalities:
• Qualifications of Team – 50% of Total Score
• Understanding of Service – 20% of Total Score
• Location of Firm – 10% of Total Score
• Priced Proposal – 20% of Total Score
Qualifications of Team will be scored based on the experience, technical competence, and related
past experience of the project team. Describe the roles of the key members of the team as it relates
to the successful completion of the project. Include key members of sub consultants and what
roles will be completed by those sub consultants. Provide resumes for all key members.
Priced Proposal will be scored based on the overall price provided by the firm to complete the
project, and how well that price reflects both the scope of the project and the municipalities’
obligation to seek efficient service.
Understanding of Service will be scored based on the information provided in the proposal that
details the understanding of the processes and milestones throughout the project to ensure that the
project is completed successfully.
Location of Firm will be based on location of the firm’s office where project work will be
completed. A maximum score will be awarded for firms completing work within the corporate
limits of any of the participating municipalities. Reduced scores will be awarded to firms
proportional to their distance from the participating municipalities.
12
TENTATIVE SCHEDULE FOR AWARD
Issue RFP ...................................................................June 21, 2022
Proposal Due Date .....................................................July 12, 2022 (2:00 PM)
Preliminary Selection .................................................July 18, 2022
Price Negotiations ......................................................July 18-22, 2022
Recommendation Due to City Commission ..............Concurrent with triggered conversion
City Commission Consideration ................................TBD based on above
13
INSURANCE REQUIRMENTS
The Consultant will be required to comply with the following insurance and indemnity
requirements BEFORE ANY AGREEMENTS CAN BE EXECUTED:
a. Hold Harmless Agreements: To the fullest extent permitted by law, Consultant agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees, volunteers and others working on behalf of the City against any and
all claims, demands, suits, or loss, including any costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the City, its elected
and appointed officials, employees, volunteers, or others working on behalf of the City, by
reason of personal injury, including bodily injury and death, property damage, including
loss of use thereof, and/or the effects of or release of toxic and/or hazardous material which
arises out of or is in any way connected or associated with this contract. The obligation to
defend and hold harmless extends to Consultant’s employees, agents, subcontractors,
assigns and successors.
b. Consultant Insurance Requirements: Consultant shall not commence work under this
contract until obtaining the insurance required under this paragraph. All coverage shall be
with insurance companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to the City.
.
c. Workers' Compensation Insurance: The Consultant shall procure and maintain during the
life of this contract, Workers' Compensation Insurance, including Employer's Liability
coverage, in accordance with all applicable Statutes of the State of Michigan.
d. General Liability Insurance: The Consultant shall procure and maintain during the life of
this contract, commercial General Liability Insurance on an "Occurrence Basis" with limits
of liability not less than $500,000 per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following
extensions: (a) Contractual Liability; (b) Products and Completed Operations; (c)
Independent Contractor's Coverage; (d) Broad Form General Liability Extensions or
equivalent.
e. Motor Vehicle Liability: The Consultant shall procure and maintain during the life of this
contract Motor Vehicle Liability Insurance, including Michigan no-fault coverage, with
limits of liability of not less than $500,000 per occurrence or combined single limit Bodily
Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned
vehicles and all hired vehicles.
14
f. Professional Liability Insurance: The Consultant shall procure and maintain during the life
of this contract and during the performance of all services Professional Liability Insurance
covering all performances from the beginning of the consultant's services on a "claims
made basis" and shall maintain coverage from commencement of this contract until six (6)
months following completion of the consultant's work with limits of liability not less than
$500,000 per claim.
g. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance,
as described above, shall include an endorsement stating the following shall be "Additional
Insured": The CITY OF MUSKEGON, all elected and appointed officials, all employees
and volunteers, all boards, commissions and/or authorities and board members, including
employees and volunteers thereof.
h. Cancellation Notice: Workers' Compensation Insurance, General Liability Insurance,
Motor Vehicle Liability Insurance, and Professional Liability Insurance, as described
above, shall include an endorsement stating the following: "It is understood and agreed
that Thirty (30) Days Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
DEPARTMENT.
i. Proof of Insurance Coverage: The Consultant shall provide the City at the time the
contracts are returned by him for execution, certificates and policies as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance
2. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance
3. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance
4. Two (2) copies of Certificate of Insurance for Professional Liability Insurance
5. If so requested, certified copies of all policies mentioned above will be furnished.
If any of the above coverage expires during the term of this contract, the Consultant shall
deliver renewal certificates and/or policies to the City at least ten (10) days prior to the
expiration date.
15
City of Muskegon Utility Map Date: 6/22/2022
3rd Street
Wharf Fisherman's
Landing
Former
Farmers
Hartshorn Market
Quarterline
t
aS
Marina
P oi n e
w
c
Rd
Av D t
Te rra
tta
r
O
Wesley Ave
e
e
ri s Av ve Amity Ave
h or a y n A
ac M Cl go
Be ke McLaughlin
9t
La d ke e
h
W este rn A v e u s Av Ave Ev
St
R
Te
M n g ans
Be ro N ton
rrace S t
St a c t im Av
y
5th St
Peck St
Henry St Division St
Adelaide S s e
e er
Beidler St
r h
d ee t St
Ed S
Wood St
Av om
Forest Ave
R
6th St
Temple St
Pointe
ge t
tg
wa
on
M
te
Port City
Barclay St
r Parslow
r
La ke sh o re D
M ark
Keating
cG R
P
Dr
McCra cke n St
Blvd
Ave
ra d
Hartshorn
ft
Village
Olthoff St
MDNR
CSX Railroad
Railroad Transfer
Acquisition (BLUE)
(GREEN)
Engineering Department ©
0 7,500 15,000 30,000 Feet Legend
¤
City of Muskegon Utility Map Date: 6/22/2022
Adelaide Pointe
Hartshorn Marina
and Launch Ramp
0
(City Owned)
US
Bi
ke
850
Ro
ut
e3
5
920
1204 1148
900
1060
1050 880
1180
1010
Lakeshore Trail
1000
910
1200 1195 Weste
rn Ave
Franklin St
1083
Hudson St
1133
Division St
¤
CSX Railroad 965 921
1188 Hartshorn Village
Engineering Department ©
Acquisition Legend
1300 1330
0 500 1,000 2,000 Feet Parcels w Address
City of Muskegon Utility Map Date: 6/22/2022
150 160 100
601 120
700 353
200 Vi ri dia n Dr
170
600 633 630 60
180
730 201
3rd Street Wharf 770 655
181
910
750 650
P oin t Dr
350
Te 625 715
rra
Te
Dr
ce rr
ac
e
M eP
lin
149
5
a rin a Dr 710 la z
3
Te r r
a ce
ore
aC
te
T
ou
Sh
ac
rr
eR
Te
e
316 t
S
Bik
US
771
Je
256 781 790
f f e rs
795 800
on
372 242
St
298
560 340 801
331
241
1s
165
t
e 365 208
St
s Av 255
ri 173
0 902 or 363 295 285 216 163
M
292 880 e 878
299 Av
2n
Lakeshore Trail 387 y
d
a
307 Cl 885
St
356 896
325 296264889
3r
401 376 333
d
955 380 360
St
268 e
351 928 284272
276 198
r Av
926
932 e 877
895 4th 930
934288 st
S t
939
e
936
940 275 e b 195
Av 379 312
W
M
297
rn
ar
935
te
¤
274
tS
470 428 Wes
446442 336 943
164 156
t
315 982
740Department ©
Engineering 450 441 425 388 335 280 Legend 221 188 976
0 500 1,000 2,000 Feet Parcels w Address
City of Muskegon Utility Map Date: 6/22/2022
180
Bu
tle
St r
Lakeshore Trail
259 208
Cro
ss
Ave
276 312
Fisherman's 205
280 320
Landing
313
Ma 307
rqu 315
ett 318
511 e Av
e 337331
341
207
345338
te 3 5
354
363 348
e Rou
Ja
Dr
ck 311
so 386 371
e
nA
ylin
319
e
ik
ve
Av
393
US B
Sk
411 403
ern
400 392
St
st
423 417 402 415
We
501
a
aw
428 412
300
Ott
Su 435 431 292
mn
er 308
Av 444 461 293
e
447 452 301 309
464 325
451458
471
468 460 466
t
472 479
aS
465 473
483
486
Gi d
484 272 489 478
b
Yu
561 493 505
d
ng 492
i sA 498
515 500 282
ve 306509
510504 523 273 283
516 322
559 535 522 540 541 299
538 530 547
0
t
543 321
nS
545
544 542 553
o
100 563 244
cks
120 Ha 575
ll A 550 565
Eri
600 ve 564
Viri dia 10 241 571
¤
n 60 599 595
588
Dr
630 196
Engineering Department © 40
625
590 Legend 655
0 500 1,000 2,000 Feet Parcels w Address
City of Muskegon Utility486
468
Map 471 458 349359 375
Date: 6/22/2022
501 511 483 473
484
472 478 466495 391
465 493 505
id 282
G
di 496 488 509
ng 515 500
Marshall St
sA 273 322 504 507
ve
Av 35
523 326 510 521 417
t
522 541 516
sS
e
rn te
559 535 299
t
nS
526
ste ou
321
Dr
iu
538 543 547
W eike R
545
o
tav
ine
331
cks
544 542 527
553
Oc
244
yl
563
Eri
B
Sk
575
565
US
367 Sumner Ave
564 550
241 571 419
599 595 365
10
St
588 355
a
w 381
385
O tt a 590 196 980
655 615
600 654
40 0 625 653
630 Lakeshore Trail Former Farmers
RT 665 650
Wood St
910 635 St a
rt
Market
Ea 285
Dr s t e rn Ave
NB e l i ne
r
Sh S ho
105 o re li
ne/ 685 325
48
225 336 346
SB
324 703
W e bste r
30 161 307 716
67 Av
e 731 316 332 712 530
Ma
y 719
t
a 732 430 450
Cl
aS
rsh
306
28 492 514
b
27 756 424 442 462
St
Yu
805 287 735
e
White Ave
Av
205 750 451
825 283 747
er
t 754 423 441 461
e bs 271 751 763
762
491 529
759
Mu
W 420 434 452
43 785 783 259 265 277 328 368 771
770
518
r
185 460
ph
502 528
Sp
253 304 320 344 356380 773 444
780 428 480
yS
794
rin
e
820 779 536
Av
155 247 795 286 Oak Ave
209
gS
t
207 278 341 371 427 453
on
237 351 802 433447 479
Ce
g
t
266
Williams St
9 e 221 807 457 513
sk 295
da
u 824 215 256 813 808 352 810
51 M 171 181 818 432
rS
840 22 32 36
e 832 246 260 275 308 827
348 382 821 822
t
860 12 v
A 165 179 267 292 418 440 540
e 302 376 498
20 on 214 Av
a lt le Orchard Ave
Fork St
866 W 858 r t 297 848 861379 539
45 864
186 My 249 313 850 431 449 477489
856
Pin
11 MDNR Railroad 291 361
¤
68 876 203 223 865 862 503 531
443
e
60 Transfer 204 213 881 870 301 869
896 46 373 871 867
St
64 877 358 868
175 222230 254 272 288 310 886 Legend
928
Engineering902 42 56 ©
Department 930 912 210218 318 878
340 364 372 390 880 508
0 500 1,000 2,000 Feet Parcels w Address
Outline of Procedures for Conversion of Grant Assisted Properties
Michigan Natural Resources Trust Fund (MNRTF)
Land and Water Conservation Fund (LWCF)
Clean Michigan Initiative (CMI)
Recreation Bond Fund (BF)
Recreation Passport (RP)
This document is provided as an outline of the general requirements that an entity receiving a grant (Grantee)
must meet in order to properly document the conversion of a MNRTF, LWCF, CMI, BF or RP grant assisted
site. While the conversion and mitigation process is generally straightforward, the circumstances vary from
case to case, and it is difficult to provide guidance to cover every possible scenario. After reviewing this
outline, it is important to consult with the Department on the details of your situation. Following that
consultation, specific guidance related to your situation may be provided.
The fundamental purpose in providing these grants is to permanently increase the amount of public outdoor
recreation opportunities in the state. To that end, the Grantee and the Department of Natural Resources
(Department) enter into an agreement wherein the Grantee commits to keeping the area acquired or
developed with grant assistance in public outdoor recreation use in perpetuity (except RP grants which are 20-
40 year commitments).
Occasionally, circumstances change and property encumbered by these grant obligations must be utilized for a
purpose other than public outdoor recreation. In these cases, the Grantee must provide, at a minimum, a
direct replacement for the property lost as measured in both recreation usefulness and market value. While
the grant programs themselves may have some minor differences, the process identified in this document will
be used for all conversion situations. The Grantee will work with Department staff to prepare a conversion and
mitigation proposal that meets the program requirements. In cases where multiple grants and/or grant types
are utilized within the same site, the most restrictive policies will prevail; however, the Grantee will only be
required to complete one conversion proposal for Department review. The Grantee may be also be able to
resolve multiple conversions within a single conversion proposal dependent upon the circumstances.
For conversion proposals involving LWCF, the National Park Service makes the final determination. For all
other conversions involving the programs noted above, the Department makes the final determination.
Definition of a Conversion of Use
A conversion of use occurs when one or both of the following situations occur:
• The grant-assisted site, or a portion of the site, is no longer available for public outdoor recreation, or
• Property rights in or control of the grant-assisted site, or a portion of the site, are conveyed by the
Grantee to another entity, either by deed, grant of easement or other mechanism.
For more information on conversions of use, please refer to the following documents:
• Michigan Natural Resources Trust Fund Board Policies and Procedures, Procedures for Board Policy
94.1:
https://www.michigan.gov/documents/dnr/IC1917_MNRTF_Policies_and_Procedures_666100_7.pdf
• Land and Water Conservation Fund Grants Manual, Chapter 8E:
https://www.nps.gov/subjects/lwcf/upload/lwcf_manual.pdf.
Department Contact Information
In every conversion, the Grantee is responsible for completing all necessary steps. To obtain approval of a
conversion, information listed in this procedure must be submitted by the Grantee to the Department for
review. For assistance in working through the conversion process, contact Grants Management at (517) 284-
7268. Grantees should contact the Department as early in the process as possible to ensure that proper
channels of communication are established.
Page 1 of 6
(Rev. 11/19/2019)
Mailing Address Street Address (for UPS or FedEx)
Grants Management Grants Management
Department of Natural Resources Department of Natural Resources
P.O. Box 30425 525 W. Allegan Street
Lansing, MI 48909-7925 Lansing, MI 48933
(517) 284-7268 (517) 284-7268
Overview of Conversion Resolution Process
1. Early Coordination and Establishment of the Boundary of the Conversion
2. Preliminary Materials
3. Preliminary Department Review
4. Final Materials
5. Final Department Review and Approval/Denial
6. Amended Project Agreement (for Approved conversions)
1) Early Coordination – Establishing the Boundary of the Conversion
The grant-assisted boundary will be considered the entire park unless otherwise stipulated through the grant
agreement executed between the Department and the Grantee.
The first step in any conversion is agreement on the area converted, including both the shape and the total
size of the area. Any conversion of less than the total grant-assisted site must take into consideration the total
area impacted by the proposed non-conforming use, including necessary access routes and all possible
intrusions into the remaining area. For example, cellular phone towers will require an access route for service
and Grantees must also consider the fenced in area, if applicable. In some cases, the proposed use of the
area to be converted will prevent or diminish the intended recreation uses of the remaining site through noise,
safety zone encroachment, or visual impairment. For LWCF grants, The Department may involve the National
Park Service in the early coordination process to ensure proper procedures are followed and communications
are established.
Only after the boundary of the conversion is established to the satisfaction of the Department may the Grantee
begin preparing the request for conversion.
2) Required Information – Making a Request for Conversion, Preliminary Materials
To request review of a conversion, provide the following information in writing to the Department. Please
follow the outline shown.
A. DESCRIPTION OF CONVERSION: Provide details for the conversion being proposed (or that has
already occurred).
• Describe the total acreage of the grant-assisted property
o indicate the acreage of the conversion
o indicate the acreage remaining once the conversion is removed
• Discuss the recreation opportunities available on the grant-assisted property in general and on
the conversion site
• Explain why the conversion is being considered or why it occurred without prior approval
• Include information on how the control of the property will be conveyed; if other than in fee and
include a copy of the conveyance document
Page 2 of 6
(Rev. 11/19/2019)
B. DESCRIPTION OF PROPOSED MITIGATION (REPLACEMENT) PROPERTY: The proposed
mitigation property must meet the acquisition requirements of the original granting program, including:
• Must not be currently in public ownership
• Must not contain levels of contamination that will render it unsuitable for its intended use
• Must not have encumbrances that would impair its use for public recreation
• Must not have uses that are not public outdoor recreation
• Must be acquired in fee simple by the Grantee
Provide details of the mitigation property being proposed to resolve the conversion.
• Include the total acreage of the mitigation property
• Briefly discuss how the mitigation property is replacing the recreation lost by the conversion (a
more detailed analysis is requested below)
• Detail the total acreage of the grant assisted site once the conversion is removed and the
mitigation is added
More than one property can be used as mitigation. Property currently owned by the Grantee or another
public agency cannot be used as mitigation unless certain conditions are met. Please contact the
Department for information on conditions that may apply. The legal description must be included with
all proposed mitigation property.
C. ALTERNATIVES TO THE PROPOSED CONVERSION: Discuss all practical alternatives, including no
action, to the proposed conversion and why they were rejected. If there is a viable alternative to
converting grant-assisted property, the conversion will not be approved.
D. PROJECT BOUNDARY MAPS: The following maps must be provided. These maps will be used to
establish the existing project boundary and the new project boundary should the conversion proposal
be approved.
• Provide a geographical location map for the project site. Include the 9-digit zip code.
• Provide a geographical location map showing the relationship of the conversion site and the
mitigation site if not contiguous. Include the 9-digit zip code.
• Provide a boundary map that depicts the original project boundary of the grant assisted property
prior to being converted. Include the 9-digit zip code, the date, the Grantee’s signature, and the
dimensions and acreage.
• Provide a site map depicting the uses of the grant assisted property prior to being converted.
• Provide a boundary map that depicts the original project boundary and the portion of the grant
assisted property being converted. Include the 9-digit zip code, the date, the Grantee’s
signature, and the dimensions and acreage.
• Provide a map that depicts the new project boundary of the grant assisted property following the
conversion. Include the 9-digit zip code, the date, the Grantee’s signature, and the dimensions
and acreage. Two maps may be necessary to satisfy this requirement if the mitigation property
is not contiguous to property remaining in the original project site.
• Provide a site map depicting the uses of any property remaining in the original project boundary
and uses of the mitigation property. Two maps may be necessary to satisfy this requirement if
the mitigation property is not contiguous to property remaining in the original project site.
E. COMPARISON OF RECREATION USEFULNESS: Provide an analysis of the recreation usefulness of
the mitigation property in comparison to the conversion property. In essence, will the mitigation property
replace the recreation opportunities lost through conversion of the project site? The mitigation property
is not required to provide identical recreation experiences or be located at the same site as the
conversion property. However, the recreation usefulness of the mitigation property should be equal or
greater than the conversion property. This section should contain a description of the physical
characteristics and resource attributes for both the conversion and mitigation sites with the number and
Page 3 of 6
(Rev. 11/19/2019)
types of resources and features on the site (e.g., 15 acres of wetland, 2 acres of beachfront, any unique
or special features, habitats, structures, restrictions, easements, utilities, etc.).
Grantees are encouraged to discuss potential mitigation properties with the Department before
preparing a formal request.
F. LOCAL RECREATION PLAN COMPLIANCE FOR MITIGATION PROPERTY: If your community has
a plan in place, explain how the proposed development of the mitigation property is in accordance with
the local recreation plan. If your community does not have a current recreation plan, other community
planning documents may be utilized to support the request. The proposal must provide the name of the
plan being used, page number, and section of reference and must be available to the Department for
review.
3) Preliminary Review by Department: At this point, the Department will conduct an analysis of the
proposed conversion. You should wait before proceeding to the next step, which involves the cost of
appraisals. After receiving Department approval to continue with the conversion proposal, the Grantee
may proceed with the next steps. Adjustments to the mitigation proposal may be necessary depending on
the outcome of appraisals, public review and environmental due diligence.
4) Final Materials: Once the Department determines that the proposed mitigation has the potential to be
acceptable to satisfy the conversion, the following steps must be completed and added to the preliminary
conversion package. All preliminary and final materials must be compiled and submitted to the Department
as one package.
G. ENVIRONMENTAL DUE DILIGENCE: The Grantee must conduct due diligence required under Part
201 of P.A. Act 451 of 1994, as amended prior to conducting any appraisals of the replacement
properties. This information must also be provided to the appraiser prior to their review of the property.
Response Activity Plan (RAP) and Baseline Environmental Assessment (BEA): If, based on the
results of due diligence, you have determined that the property is a facility and have been granted
Department approval to move forward with proceeding toward acquisition, a BEA is required per Part
201 of the Natural Resources and Environmental Protection Act (1994 PA 451, as amended) and an
RAP. You must submit the BEA and RAP to your local Department of Environment, Great Lakes, and
Energy (EGLE) office.
Notify the DNR when you submit your RAP to the EGLE. Once you receive a written determination
from EGLE that the RAP is adequate, submit to the DNR:
1) A copy of the written determination from the EGLE that RAP is adequate.
2) A timetable for completion of the due care activities.
• EGLE Approval of the RAP – If the EGLE approves the RAP, which indicates that the presence of
contamination will not significantly reduce the overall use of the property for public recreation and
resource protection and it can be determined that due care activities will not significantly delay the
completion of the acquisition and development of the site, we will provide you with written approval
to proceed.
• EGLE Does Not Approve the RAP - If the EGLE does not approve the RAP, which indicates that the
presence of contamination will significantly reduce the overall use for public recreation and resource
protection and/or it can be determined due care activities will significantly delay the completion of the
acquisition and development of the site, we may deny the use of the property for mitigation.
Further information on the requirements for the preparation and review of the BEA can be obtained by
contacting the Remediation and Redevelopment Division at your local EGLE office. For office locations
Page 4 of 6
(Rev. 11/19/2019)
and additional information, see the EGLE website at https://www.michigan.gov/EGLErrd or call 586-
753-3823.
H. APPRAISALS:
• Appraisals must be completed by a State Certified General Appraiser following appraisal standards
provided by the Department. These standards will be used by the Department to review the
appraisals for suitability. Appraisals for LWCF conversion and mitigation properties must be done in
accordance with Uniform Appraisal Standards for Federal Land Acquisitions (“Yellow Book”).
The market value of the property you wish to acquire is to be determined through an appraisal
conducted by a certified general appraiser, following the standards and guidance given in
Appendix C of the Department’s Acquisition Project Procedures. However, not all certified general
appraisers are qualified to appraise all types of property. Most appraisers work primarily on the
valuation of residential properties and may not have much experience appraising forest land, lake
or river frontage, wetlands, former railroad corridors or other types of non-residential properties.
Choose a certified general appraiser who has experience appraising the type of property being
purchased. The appraisal report standards must be given to the appraiser, who must sign,
date and return the acknowledgment with the completed appraisal report.
The Department can provide a list of certified general appraisers who have had an appraisal
approved by the DNR. Selecting an appraiser from this list is not required and choosing an
appraiser from the list does not guarantee that the appraisal will be approved. However, appraisers
on the list have demonstrated their awareness of and ability to prepare appraisals using the DNR-
required appraisal format and standards, which may lessen the time needed to complete the
appraisal and to have it reviewed once submitted to DNR.
If a qualified person estimates the proposed acquisition parcel has a value of $750,000 or
more, two separate appraisals must be prepared.
The DNR’s Real Estate Services Section will review the appraisal(s) to determine the final market
value. This process may take up to 90 days.
Local units of government and appraisers should be aware that the official DNR review of the
appraisal(s) may result in an opinion of market value that is different from the value concluded by
the appraiser. This is addressed under USPAP Standards Rule 3.3. The Standards can be found
online at www.uspap.org.
• Determine the market value of the conversion property and the mitigation property. The market
value of the mitigation property, excluding the value of any buildings or facilities that do not enhance
outdoor recreation, must be equal to or greater than the market value of the conversion property.
• Appraisals of the conversion and mitigation properties must be performed to document that the
mitigation property has a market value at least equal to the property to be converted.
I. PUBLIC REVIEW: The proposed conversion must go through a well-publicized public review process
that includes ample opportunity for the residents of the community to review and comment on the
proposed changes to the grant-assisted area as well as the proposed mitigation. At a minimum, the
residents must be given 30 days to review the proposed conversion, followed by a public meeting in
front of the highest level local governing body including discussion specific to the conversion and
mitigation proposal. All issues and comments raised during the review process or at the subsequent
meeting must be addressed in the final conversion request materials and a copy of the certified public
notice and certified public meeting minutes provided.
J. DECLARATION AND NOTICE: The following statement must be recorded as a ‘Declaration and
Notice’ after the property warranty deed(s) is recorded, which indicates that the property was
Page 5 of 6
(Rev. 11/19/2019)
encumbered by the Michigan Department of Natural Resources for public outdoor recreation in
perpetuity:
The lands included in this deed were encumbered by the Michigan Department of Natural Resources
pursuant to project agreement __-___ between the Michigan Department of Natural Resources and
(Grantee), executed on (date). The project agreement describes certain requirements to ensure the
long-term conservation of the property and its use for public outdoor recreation. (Grantee) is placing
this notice on record as confirmation of its obligations as set forth in the project agreement, including
the requirement that the consent of the Michigan Department of Natural Resources is required prior to
the conveyance of any rights or interest in the property to another entity, or for the use of the property
for purposes other than conservation or public outdoor recreation.
For conversion proposals that involve LWCF-assisted sites, the following items are also required.
K. ENVIRONMENTAL SCREENING: The Department will provide the Grantee with a federal
environmental screening form to be completed by the Grantee agency. The screening form is used to
identify potential or known negative effects to environmental or cultural resources, or social conditions,
as the result of the proposed action and must be completed for both the conversion and mitigation
properties. The Grantee may also obtain the PD/ESF form from this link:
https://www.nps.gov/subjects/lwcf/upload/10-904-LWCF-Proposal-Description-and-Environmental-
Screening-Form-09192016.docx.
A more detailed environmental assessment report may be required if certain “triggers” apply to the
conversion and mitigation proposal. If the Department or National Park Service determine that an
environmental assessment is required, further guidance will be provided to the Grantee.
L. STATE HISTORIC PRESERVATION OFFICE (SHPO) REVIEW: Review of potential effects of the
conversion and mitigation proposal on historical properties is conducted by the SHPO. A letter of “no
effect” will need to be obtained from SHPO for the conversion property and the mitigation property. For
guidance on this process, please call 517- 373-1630, or visit the SHPO web site at
www.michigan.gov/shpo. Note: SHPO has guidance specific to cell towers.
5) Final Review and Approval/Denial: The Department will conduct a final review of all information provided
in the previous steps.
• For conversions involving the LWCF, if the Department recommends approval of the conversion
package, it will be forwarded to the National Park Service for a final determination.
• For conversions involving all other grant programs noted above, the Department will make the final
determination.
The Grantee will be informed of the final determination in writing.
6) Amended Project Agreement: If the conversion packet is approved, the Grantee agency will receive an
amended project agreement indicating the new project boundaries. The amended project agreement must
be signed by the Grantee agency and returned to the Department before the conversion is considered
resolved.
• If the mitigation property is not contiguous to existing grant-assisted property a program specific
plaque must be ordered and installed. Providing program acknowledgement through signs, plaques,
and written materials helps residents and visitors to the community see the benefits of recreation
grant programs and the long-term importance to Michigan’s recreation estate. They also serve as a
reminder to future local officials and park personnel that the park has long-term grant obligations.
Ordering information can be obtained by the department. If a new plaque is required, a picture of
the installed plaque must be submitted with the amended project agreement.
Page 6 of 6
(Rev. 11/19/2019)
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Project No. 26-00104 Project County: Muskegon Project Year: 1967
Project title: Lakeshore Trail
Project Status: Grant Closed Grant Amount:
$10,000.00
Scope Item
Project Description: Muskegon Municipal Golf Course -- Acquire 200 acres of land (original project).
Mitigation project--acquire 16 parcels of land totalling 38.05 acres to construct Lakeshore Trail.
Project No. 26-00149 Project County: Muskegon Project Year: 1968
Project title: Lake Michigan Park
Project Status: Grant Closed Grant Amount:
$114,250.00
Scope Item
Project Description: Acquisition of approximately 23 acres of land which will link to two existing parks fronting
lake Michigan.
Project No. 26-00795 Project County: Muskegon Project Year: 1976
Project title: Fisherman`s World
Project Status: Grant Closed Grant Amount:
$60,435.60
Scope Item
Bathhouse and utilities
Beach
Boardwalk and boat tie-up
Landscaping
Lighting
Parking
Sprinkler system
Project Description: Beach, bathhouse & utilities, parking, landscaping, sprinkler system, lighting.and LWCF
sign
Project No. 26-01023 N3 Project County: Project Year: 1977
Muskegon
Project title: Beukema Softball Complex
Project Status: Grant Closed Grant Amount:
$84,609.56
Scope Item
Page 1 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Concession/storage building
Fencing, irrigation and sodding for 3 ball
diamond
Lighting, bleachers, scoreboards for ball
diamonds
Project Description: lighting, bleachers,and scoreboards for two existing ball diamonds, fencing , irrigation
and sodding for 3 existing ball diamonds, concession/ storage building, LWCF sign
Project No. 26-01126 Project County: Muskegon Project Year: 1980
Project title: Reese Field
Project Status: Grant Closed Grant Amount:
$55,311.66
Scope Item
Development of Reese Field to softball
Landscaping
Lighting of Reese Field
Parking lot
Project Description: LIghting for diamond #1, construction of diamond #4, parking lot, landscaping, fencing.
Project No. 26-01282 Project County: Muskegon Project Year: 1983
Project title: Pere Marquette Park Development
Project Status: Grant Closed Grant Amount:
$53,200.00
Scope Item
Beachhouse w/ restrooms, life-guard/first-
aid/stor
Project Description: 1 beach house containing restrooms, a life guard/first aid station and storage room,
LWCF sign
Project No. 26-01351 Project County: Muskegon Project Year: 1984
Project title: Hartshorn Marina
Project Status: Grant Closed Grant Amount:
$101,874.34
Scope Item
Entry drive and parking lot reconstruction
Landscaping
Restroom w/ showers
Seawall extension
Waste pump station
Page 2 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Project Description: seawall extension, entry drive, parking lot reconstruciton, restroom with showers, waste
pump station, landscaping, LWCF sign
Project No. TF1040 Project County: Muskegon Project Year: 1985
Project title: Muskegon Lakefront
Project Status: Withdrawn Grant Amount:
$107,185.00
Scope Item
Project Description: To acquire 7.89 acres of a lowland/wetland area with approximately 850 feet of frontage
along Muskegon Lake.
Project No. BF89-301 Project County: Muskegon Project Year: 1989
Project title: Pere Marquette Park Redevelopment
Project Status: Grant Closed Grant Amount:
$375,000.00
Scope Item
Fishing pier
Irrigation
Landscaping/seeding
Parking areas
Picnic shelters (2)
Playground equipment
Restroom/storage building
Site lighting
Site preparation
Walkways/bikeways
Project Description: Redevelop the picnic and Muskegon channel area in Pere Marquette Park.
Restroom/storage area, playground, shelter (picnic area), fishing pier, parking lot, walkway/bike path, site
lighting, site preparation.
Project No. TF90-035 Project County: Muskegon Project Year: 1990
Project title: Bronson Park Development
Project Status: Grant Closed Grant Amount:
$375,000.00
Scope Item
Page 3 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Dune walkways
Fencing
Landscaping/seeding
Parking areas/paving
Picnic shelters
Playground equipment
Restroom building
Site lighting
Site preparation
Walkways
Project Description: To develop a picnic area, parking lot, dune trail system, restroom facility, playground,
and picnic shelters, lighting and landscaping on Lake Michigan.
Project No. BF91-058 Project County: Muskegon Project Year: 1991
Project title: Smith-Ryerson Gymnasium
Project Status: Grant Closed Grant Amount:
$270,000.00
Scope Item
Construction
Project Description: Building renovations for the Smith-Ryerson Community Center.
Project No. TF93-020 Project County: Muskegon Project Year: 1993
Project title: Lakeshore Trail
Project Status: Grant Closed Grant Amount:
$375,000.00
Scope Item
Asphalt Trail & Pavement
Boardwalk
Crosswalk Signal
Dune Steps
Fence
Intersection Modification
Landscaping
Lighting
Site Amenities
Project Description: Development of a walkway along the lakeshore from Pere Marquette Park south to
Bronson Park for safe access for non-motorized vehicles and pedestrians.
Page 4 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Project No. BF95-074 Project County: Muskegon Project Year: 1995
Project title: Seyferth Park Development
Project Status: Grant Closed Grant Amount:
$240,000.00
Scope Item
Ball Diamond Infields
Bikeway/Walkway/Trail
Irrigation
Landscaping
Park Amenities
Parking Lots
Playground Equipment
Restroom Facility
Shelter
Project Description: Upgrade park with restrooms, shelter, play equipment, parking lots, bike/pedestrian path,
redeveloped ballfields, park furniture and landscaping.
Project No. CM99-013 Project County: Muskegon Project Year: 1999
Project title: Campbell Field Redevelopment
Project Status: Grant Closed Grant Amount:
$295,000.00
Scope Item
Ballfield Realignment - Infields
Fencing, 3,500 feet
Irrigation
Landscaping - Seeding, Sod, Grading,
Sidewalks
Park Amenities
Parking
Restroom/Shelter
Project Description: To provide an accessible restroom, additional parking, irrigation, relocation of the four
little league baseball diamonds and other site amenities.
Page 5 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Project No. CM00-045 Project County: Muskegon Project Year: 2000
Project title: Beachwood Park Development
Project Status: Grant Closed Grant Amount:
$295,000.00
Scope Item
10' Wide, 0.5 Mile Long Lakeshore Trail
Linkage
Grading for Ice Rink
Irrigation System
Pave Parking Lot
Playground Equipment
Restroom
Seeding changed to landscaping
Shelter
Site Amenities
Project Description: Redevelopment of this Michigan Dunes Park, adjacent to Lake Michigan, including a
section of the lakeshore trail, restrooms, playground equipment, irrigation, picnic shelter, and paved parking.
Project No. TF04-025 Project County: Muskegon Project Year: 2004
Project title: Muskegon Lakeshore Trail
Project Status: Grant Closed Grant Amount:
$500,000.00
Scope Item
Asphalt pathway
Boardwalk
Bollards
Bridge
Fencing
Landscaping
Rip Rap Shore Protection
Shade Structure
Signage
Site Amenities
Site Preparation
Viewing Rest Area
Page 6 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Project Description: Development of a two mile, 12-foot wide, non-motorized bituminous pathway,
boardwalk, bridge and three fishing decks which will provide 2 miles of access to Muskegon Lake.
Project No. TF07-060 Project County: Muskegon Project Year: 2007
Project title: Smith-Ryerson Park Improvements
Project Status: Grant Closed Grant Amount:
$433,400.00
Scope Item
Basketball Courts
Bleachers
Interpretive signage
Irrigation System
Large Picnic Shelter
Picnic Tables & Grills
Pier
Rehab Old Restroom-Storage
Restriping parking lot
Restroom/Concession Stand
Site preparation
Trail Along the Creek
Project Description: Accessibility improvements to 25-acre park with 1,500 feet of frontage on Ryerson Creek
to include restroom/ concession, picnic shelter, site amenities, bleachers, storage building, interpretative signs,
pier, irrigation, basketball courts, and trail.
Project No. TF16-0114 Project County: Muskegon Project Year: 2016
Project title: Pere Marquette Park Recreational Improvements
Project Status: Grant Closed Grant Amount:
$367,800.00
Scope Item
Access Pathway 5' - 6' wide
Restroom Building Renovation/Addition
Play Equipment (including surfacing)
Project Description: Development of universally accessible park features including a playground and access
paths and renovation of an existing restroom to improve accessibility and efficiency and the addition of
universally accessible family bathrooms. The facilities will upgrade a high use park on Lake Michigan and
serve as a trailhead for the Lake Michigan Water Trail.
Total number of projects: 18
Page 7 of 8
GRANTS MANAGEMENT Monday, November 29, 2021
Michigan Department of Natural Resources
GRANT HISTORY
Grantee
City of Muskegon - Muskegon County
Total Amount of Grant Given $4,113,066.16
Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26th, 2022 Title: Park Concession Policy
Submitted By: Leo Evans Department: DPW / Parks
Brief Summary: DPW is requesting approval of the enclosed policy to guide the application and
approval of concession operations within the city park system.
Detailed Summary:
The enclosed policy was previously discussed at the July 11th, 2022 Work Session meeting and
the attached version includes a number of edits to that original document per those discussions
and as follows:
• Various formatting and grammatical errors
• Revised approval path to require Commission approval of all applications
• Revised brick and mortar to allow one renewal term before reverting to RFP process
• Added 5% gross receipts requirement to concessions operating outside of westside parks
• Added earmark for revenue to General Fund for park purposes
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the Park Concession Policy.
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: July 26th, 2022
PURPOSE
To formalize the process and procedures related to concession operations 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,
with the following exceptions:
• 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.
• Concessions operating as a part of an approved special event or an approved sports league are
exempt from this policy.
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
2
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
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. Applications approved by staff will be
presented to the Commission for consideration before adoption of the agreement.
Once an application is approved by the City Commission, city 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 for up to one renewal term of the same duration as the original term. When
brick and mortar spaces become available or at the end of a renewal term the brick and mortar spaces
will be offered as available 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 + 5% of gross receipts 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.
Revenue generated from concession operations shall be deposited in the City General Fund for support
of park and recreation operations in the City.
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)
► IV. LIABILITY WAIVER
4
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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26th, 2022 Title: Sherman Blvd Scrap Tire Grant
Submitted By: Joel Brookens Department: DPW / Engineering
Brief Summary: Staff is requesting permission to approve the attached contracts.
Detailed Summary:
The City was awarded a market development grant to use scrap tires in the concrete on the
reconstruction of Sherman. One contract is with EGLE, to receive and administer the grant funds.
The other contract is with Michigan Technological University (MTU). MTU has agreed to do all the
research and development for the project, including on site testing and lab analysis.
Legal consul is still reviewing the contracts for legal conformity.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize staff to approve contracts with EGLE and MTU, pending legal
review.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
AGREEMENT FOR SPONSORED RESEARCH
Michigan Tech #2103033
This Agreement for Sponsored Research (Agreement) is entered into by Michigan
Technological University, Houghton, Michigan 49931, (Michigan Tech) and the City of
Muskegon (Sponsor).
The research program to be conducted under this Agreement is of mutual interest and
benefit to Michigan Tech and Sponsor, will further the multiple missions of Michigan
Tech (instruction, research, and public service) in a manner consistent with its status as
a non-profit, tax exempt, educational institution, and may derive benefits for the
Sponsor, Michigan Tech, and society by the advancement of science and engineering
through discovery;
Sponsor has expressed a desire to engage Michigan Tech to create or enhance
technologies that may assist in Sponsor's development and commercialization of new
products and/or processes;
Michigan Tech’s research capabilities and infrastructure reflect a substantial public
investment which Michigan Tech, as a part of its mission as a publicly funded Michigan
University, wishes to utilize in a cooperative and collaborative research effort with
Sponsor in order to meet the above stated needs;
Order of Precedence: Any inconsistencies in this Agreement shall be resolved by giving
precedence in the following order:
1. Attachment A. – Project Scope of Work
2. Attachment B. – Agreement Terms and Conditions
NOW, THEREFORE, in consideration of the above premises and the mutual covenants
set forth below, the parties hereto agree to the following:
1. Scope of Work and Price Michigan Tech shall, for a fixed price of $76,659
(request) and $76,659 (cost share), undertake a sponsored project titled “Build
Sustainable and Durable Rubber-Modified Concrete Pavement” as described in
Attachment A (Project). It is agreed that Attachment A will govern the direction of the
Project until amended by authorized representatives of Sponsor and Michigan Tech as
provided in this Agreement.
2. Project Duration The Project shall start on the date prime agreement was
executed by EGLE and end on December 31, 2023, unless earlier terminated pursuant
to Section 3. Michigan Tech will exert good faith efforts to complete the Project by the
end date but makes no warranty or representation that it will be completed by that time.
The parties may agree to extend the Project duration by written, signed amendment to
this Agreement.
3. Termination
3.1 Sponsor may terminate the Project and this Agreement upon written notice to
Michigan Tech and termination shall be effective as of thirty (30) days from the date of
receipt of such notice. As of the effective date of termination by Sponsor all licenses
and rights under the Intellectual Property shall terminate. Termination of this Agreement
by Sponsor shall not relieve Sponsor of its obligation (a) to reimburse Michigan Tech for
all fees and costs incurred by Michigan Tech under Section 11.4 for the pursuit and
maintenance of patents or (b) for payment to Michigan Tech for all non-cancelable
commitments incurred under the Project prior to such termination.
3.2 Michigan Tech may terminate the Project and this Agreement if circumstances
beyond its control preclude continuation of the Project or in the event Sponsor fails to
promptly make payments according to the schedule set forth in Section 5. Such
termination will not relieve Sponsor of its obligation to reimburse Michigan Tech for fees
and costs incurred in carrying out, in good faith, Michigan Tech’s obligations under the
Project and this Agreement prior to such termination.
3.3 Except to the extent of Sponsor’s failure to pay amounts due under Section 5,
which is addressed in Section 3.2, in the event either party hereto shall commit any
material breach of or default in any terms or conditions of this Agreement, and also shall
fail to reasonably remedy such default or breach within sixty (60) days after receipt of
written notice thereof, the non-breaching party may, at its option, and in addition to any
other remedies which it may have at law or in equity, terminate this Agreement by
sending notice of termination in writing to the other party to such effect. Termination
shall be effective as of the date of receipt of such notice.
4. Equipment Michigan Tech shall retain title to any equipment purchased from the
fixed fee under this Agreement.
5. Payment Schedule Michigan Tech will submit invoices to the City of Muskegon
showing total project costs. Payment reimbursement to Michigan Tech will be 50% of
the total project costs.
Michigan Tech may submit the invoices no more frequently than monthly. Payment is
due within thirty (30) days of the date of the invoice.
Michigan Tech shall provide a Final Invoice within 60 days after the expiration date.
Payment Address:
Cashier’s Office
Michigan Technological University
1400 Townsend Drive
Houghton, MI 49931
Phone: (906) 487-2622
Fax: (906) 487-3042
2
6. Reporting Requirements Michigan Tech will provide written technical progress
reports as reasonably requested by Sponsor but no more frequently than quarterly.
7. Disclaimer of Warranty In view of the experimental nature of this Project,
Michigan Tech makes no warranty or guarantee of any kind in connection with anything
delivered or provided by Michigan Tech under this Agreement, and Michigan Tech
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, with respect to
any information, results, design, specification, prototype, or any other item furnished to
Sponsor, or to others at Sponsor’s request, in connection with the Project, this
Agreement, or the subject thereof.
8. Name Use Except that either party may reference the existence of the Project
and the relationship of the parties in the Project, neither party will use the name of the
other party, nor of any member of the other party’s employees in any publicity,
advertising, news release, or other materials without the prior written approval of an
authorized representative of that party.
9. Confidentiality
9.1 Confidential Information shall mean any information disclosed by a party (the
Disclosing Party) to the other party (the Receiving Party), and identified prior to
disclosure with an appropriate marking or identification such as CONFIDENTIAL or any
other similar legend. If such Confidential Information is disclosed orally or visually, then
the parties shall use reasonable effort to reduce such oral or visual Confidential
Information to tangible form and furnish a copy (marked CONFIDENTIAL) to the
Receiving Party within thirty (30) days of the original oral or visual disclosure.
Confidential Information shall not include information that (a) is now available or
becomes available to the public without breach of this Agreement; (b) is explicitly
approved for release by written authorization of the Disclosing Party; (c) is lawfully
obtained from a third party or parties without a duty of confidentiality; (d) is known to the
Receiving Party prior to disclosure as evidenced by prior written records; or (e) is at any
time developed by or for the Receiving Party independently of any such disclosure(s)
from the Disclosing Party.
9.2 Neither party shall disclose, reproduce, use, distribute, reverse engineer or
transfer, directly or indirectly, in any form, by any means or for any purpose, the
Confidential Information of the other party, except in the performance of the Project or
as expressly permitted in writing by the Disclosing Party. Disclosure of Confidential
Information does not confer upon the Receiving Party any license, interest or rights in
any Confidential Information except as provided under this Agreement. Subject to the
terms set forth herein, each party shall protect the other party’s Confidential Information
with the same degree of protection and care it uses to protect its own Confidential
Information, but in no event less than reasonable care. The obligations of the parties
under this Section 9 shall survive the term of this Agreement by two (2) years.
3
9.3 Nothing in this Section 9 shall prohibit or limit the Receiving Party’s disclosure of
Confidential Information pursuant to a requirement of a governmental agency or by
operation of law so long as the Receiving Party notifies the Disclosing Party prior to
disclosure in order to give the Disclosing Party an opportunity to seek an appropriate
protective order and/or waive compliance with the terms of this Agreement. In this case
disclosure shall include only that part of the Confidential Information that the Receiving
Party is required to disclose.
9.4 The Receiving Party acquires no intellectual property rights from the Disclosing
Party under this Agreement, except for the restricted right to use Disclosing Party’s
Confidential Information for the express, limited purposes permitted by this Agreement.
10. Publication
10.1 Sponsor recognizes that the scientific results of Michigan Tech research must be
publishable and may be presented at symposia or professional meetings; published in
journals, theses, or dissertations; and/or otherwise disclosed for scholarly or academic
purposes.
10.2 Except as provided in Section 9.2, Michigan Tech agrees not to publish or
otherwise disclose Confidential Information. Sponsor agrees that Michigan Tech,
subject to review by Sponsor, shall have the right to publish results of the Project.
Sponsor shall be furnished copies of any proposed publication or presentation at least
thirty (30) days before submission. Sponsor shall have such thirty (30) days as a review
period to identify Confidential Information provided by the Sponsor and to assess the
patentability of any invention described in the proposed publication or presentation.
During the thirty (30) day review period and upon receipt of written notice from Sponsor,
Michigan Tech shall (a) remove Sponsor Confidential Information identified in such
notice and/or; (b) delay the presentation or publication for an additional ninety (90) days
or until a patent application is filed, whichever is sooner. Should Sponsor fail to provide
written notice within thirty (30) days after receipt of any proposed publication or
presentation, Sponsor shall be deemed to have approved publication of the entire
content, and Michigan Tech shall be free to publish or present material included in the
proposed publication or presentation.
11. Intellectual Property Protection
11.1 Intellectual Property shall mean, individually and collectively, all know-how,
inventions, discoveries, and works of authorship which are discovered or conceived
directly pursuant to the Project, and any registration or protection (including but not
limited to patents, trademarks, and copyrights) on any of the foregoing. Michigan Tech
Intellectual Property means any Intellectual Property discovered or conceived solely by
Michigan Tech. Joint Intellectual Property means any Intellectual Property discovered
or conceived jointly by Michigan Tech and Sponsor.
4
11.2 Sponsor recognizes that Michigan Tech has an obligation to utilize the knowledge
and technology generated by Michigan Tech research under the Project in a manner
which maximizes societal benefit and economic development and which provides for the
education of graduate and undergraduate students.
11.3 Each party shall notify the other party of any Intellectual Property disclosed to it
within thirty (30) days of its receipt of disclosure and such disclosure shall be
considered Confidential Information.
11.4 Michigan Tech will, through patent counsel of its choosing, prepare, file, and
prosecute applications for patents on any potentially patentable aspects of the
Intellectual Property that the parties agree to pursue. Michigan Tech will pay
maintenance and annuity fees on any patent applications and patents the parties agree
to maintain in force. Sponsor will reimburse Michigan Tech for all fees and costs
associated with the pursuit and maintenance of patents on such potentially patentable
aspects of the Intellectual Property. Michigan Tech will have ultimate decision-making
authority on any patent applications on the Intellectual Property, but will provide
Sponsor with information on the status of all such patent applications.
12. Intellectual Property Licenses
12.1 Michigan Tech Intellectual Property will be owned by Michigan Tech, and Joint
Intellectual Property will be owned by the parties jointly.
12.2 Michigan Tech hereby grants to Sponsor a non-exclusive, royalty-free license
under the Michigan Tech Intellectual Property to make, use, sell, and import the
Michigan Tech Intellectual Property. Such non-exclusive license is subject to
termination by Michigan Tech with respect to any patent in the event Sponsor fails to
reimburse Michigan Tech for any fees and costs incurred in securing and maintaining
such patent.
12.3 Exclusive Negotiation Period shall mean the six (6) month period following the
end-date of the Project. If Sponsor desires an exclusive license under the Intellectual
Property, Sponsor will notify Michigan Tech of same. In such event, Michigan Tech will
not negotiate with any third party any license under the Intellectual Property during the
Exclusive Negotiation Period. During the Exclusive Negotiation Period, the parties will
negotiate an exclusive license for Sponsor under Michigan Tech’s rights to the
Intellectual Property. Such exclusive license will be subject to termination by Michigan
Tech with respect to any patent in the event Sponsor fails to reimburse Michigan Tech
for any fees and costs incurred in securing and maintaining such patent.
12.4 In the event Sponsor declines or ceases to reimburse Michigan Tech for its costs
in the securing and maintaining of any patent on any aspect of the Intellectual Property,
Michigan Tech may continue to secure and maintain the patent at its own cost and
without any obligation or license to Sponsor for that patent.
5
12.5 Any other terms of this Agreement or any exclusive license negotiated under this
agreement notwithstanding, Michigan Tech retains the right to perform research even if
such research activities overlap the Project and whether or not such research is
supported either by Michigan Tech or by any third party.
13. Independent Parties
13.1 In the performance of all services hereunder, Michigan Tech shall be deemed to
be and shall be an independent contractor.
13.2 Neither party is authorized or empowered to act as agent for the other for any
purpose and shall not on behalf of the other enter into any contract, warranty, or
representation as to any matter. Neither shall be bound by the acts or conduct of the
other.
14. Indemnity Each party remains liable for all risks of personal or bodily injury and
property damage caused by the negligent or willful acts or omissions of that party but
subject to and reserving all applicable immunities granted by law or constitution to either
party. Except as provided above, Sponsor shall fully indemnify and hold harmless
Michigan Tech against all claims, costs or judgments (including expenses of defense)
arising out of Sponsor's use, commercialization, or distribution of information, materials
or products which result in whole or in part from the research performed pursuant to this
Agreement; and from and against any and all claims, costs or judgments (including
expenses of defense) arising out of claimed copyright, patent, or other confidentiality or
proprietary rights violations with respect to any product or information provided by
Sponsor to Michigan Tech. This clause is solely for the benefit of the parties to this
Agreement and is not intended to create any rights in any third party.
15. Export Control Sponsor shall comply with all applicable export control
regulations of the United States of America. Sponsor shall be responsible for obtaining
all information regarding such regulations that is necessary for Sponsor to comply with
such regulations.
16. Modifications to Agreement Any agreement to modify the terms of this
Agreement shall be valid only if the modification is made in writing and approved by
authorized representatives of both parties.
17. Notices All notices, communications and reports given under this Agreement
shall be in writing delivered by certified mail, common courier, facsimile or electronic
mail, with receipt acknowledged, addressed to the parties as follows or such other
address as may hereafter be designated by notice in writing. Notice given pursuant to
this Section shall be effective as of the date of receipt of notice.
6
If to Michigan Tech:
Contractual Issues: Technical Issues:
Randy Laurn Qingli Dai
Sponsored Programs Office Civil, Environmental, & Geospatial
Michigan Technological University Engineering
1400 Townsend Drive Michigan Technological University
Houghton, MI 49931 1400 Townsend Drive
Phone: (906) 487-2228 Houghton, MI 49931
Fax: (906) 487-2245 Phone: (906) 487-2620
Email: sponsored-programs-l@mtu.edu Email: qingdai@mtu.edu
If to Sponsor:
Contractual Issues: Technical Issues:
Joel Brookens Joel Brookens
Assistant City Engineer Assistant City Engineer
City of Muskegon City of Muskegon
933 Terrace Street 933 Terrace Street
Muskegon, MI 49440 Muskegon, MI 49440
Phone: (231)724-6900 Phone: (231)724-6900
Email: joel.brookens@shorelinecity.com Email: joel.brookens@shorelinecity.com
Sponsor’s Billing Address:
City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Phone: (231)724-6900
Email: joel.brookens@shorelinecity.com
18. Waiver Except as specifically provided for herein, any waiver by either of the
parties of any of their rights or their failure to exercise any remedy shall not operate or
be construed as a continuing waiver of same or of any other of such party’s rights or
remedies provided in this Agreement.
7
19. Governing Law This Agreement shall be governed and construed in accordance
with laws of the State of Michigan.
20. Entire Agreement This Agreement contains the entire and only agreement
between the parties respecting the subject matter hereof and supersedes or cancels all
previous negotiations, agreements, commitments and writings between the parties on
the subject of this Agreement. Should processing of this Agreement require issuance of
a purchase order or other contractual document, all terms and conditions of said
document are hereby deleted in entirety. This Agreement may not be amended in any
manner except by an instrument in writing signed by the duly authorized representatives
of each of the parties hereto.
In witness whereof, the parties hereto have caused this Agreement to be duly executed.
Michigan Technological
University Sponsor
By ____________________________ By ________________________________
(To be signed by a company official authorized to obligate the Sponsor)
Print Name _____________________ Print Name _________________________
Title ___________________________ Title ______________________________
Date ___________________________ Date ______________________________
8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26th, 2022 Title: Concession Agreement – Baby Suga’s
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is asking permission to enter into a contractual agreement with Joseph Lopez of “Baby
Suga’s Cheesesteak Shack” at various locations including Pere Marquette Park.
Detailed Summary:
Staff is asking permission to enter into a Concession Agreement for 2022 with Joseph Lopez of
“Baby Suga’s Cheesesteak Shack” at various parks including Pere Marquette Park. Fees to the City
of $1,000.00 plus 5% of Gross Receipts are proposed in accordance with the policy being adopted
this evening.
Mr. Lopez’s proposal states: “My name is Joseph Lopez, owner/operator of Baby Suga's
Cheesesteak Shack, we are a fairly new, local food tent building a truck to serve out of. We would
ask for consideration to sell our products in the parks of Muskegon!” and offers cheesesteak
sandwiches and other handheld items. Mr. Lopez plans to locate the concession daily depending
on weather and traffic in an attempt to maximize sales. Staff will work with Mr. Lopez 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 Joseph Lopez of “Baby Suga’s Cheesesteak
Shack” at various locations including Pere Marquette Park 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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26th, 2022 Title: Beachwood Park Fitness Equipment
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is seeking approval to contract with Sinclair Recreation for a new fitness structure in Beachwood
Park using funds donated by the Beachwood-Bluffton Neighborhood Association.
Detailed Summary:
Members of the Beachwood-Bluffton Neighborhood Association (BBNA), with the support of City staff,
engaged in a fundraising campaign, including a dollar-for-dollar matching Patronicity grant through the
Michigan Economic Development Corporation (MEDC), securing funds to purchase a Thrive 450 fitness
structure from Sinclair Recreation in the amount of $34,017.07 as detailed on the attached documents.
The Public Works Department has worked with the group to identify a location in Beachwood Park for the
equipment, and has committed to various minor tasks to help with installation.
The BBNA has worked with Sinclair Recreation, DPW and other partners to develop a “fitness trail”
concept that will eventually include this structure, a similar structure at the other end of the path leading
north from Beachwood Park, and additional fitness “stations” along the route. Users will be able to
perform exercises at each structure and station while running or walking along the trail. This structure is
Phase 1 of the overall plan.
Due to the City’s competitive bidding arrangement with Sinclair Recreation and our tax-exempt status,
the BBNA requested that the City purchase the Thrive 450 equipment with full reimbursement from the
fundraising campaign. The campaign dollars are housed at the City, so a simple fund transfer is all that
is required.
Amount Requested: $34,017.07 Amount Budgeted: N/A
Fund(s) or Account(s): Donations Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to contract with Sinclair Recreation in the amount of $34,017.07 using donated funds for
the purchase of a Thrive 450 structure from Sinclair Recreation, including installation in Beachwood 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:
GameTime c/o Sinclair Recreation 06/17/2022
176 E Lakewood Blvd Quote #
Holland, MI 49424 102981-01-03
Ph: 800-444-4954
Fax: 616-392-8634
Beachwood Park Thrive 450 - June 2022 without Curbs and Ramp
City of Muskegon Ship to Zip 49441
Attn: Dan VanderHeider
1350 E. Keating Avenue
Muskegon, MI 49442
dan.vanderheide@shorelinecity.com
Quantity Part # Description Unit Price Amount
1 14912 GameTime - Thrive 450 $23,807.00 $23,807.00
1 INSTALL Installation - Installation of Thrive 450 Unit $7,150.00 $7,150.00
640 EWF (Engineered Wood Fiber) GT-Impax - EWF Safety Surfacing - 12" Compacted Depth- $2.98 $1,907.20
Includes installation of EWF
Contract: OMNIA #2017001134 Sub Total $32,864.20
Discount ($3,809.12)
Material Surcharge $3,303.22
Freight $1,658.77
Total $34,017.07
Comments
Does not include site work, excavation, acceptance of delivery , unloading of delivery , storage of equipment or containment borders.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Payment terms: Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those
services and project completion. Retainage not accepted.
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders and drainage provisions.
Page 1 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26, 2022 Title: LAF Grant
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The City of Muskegon is in the process of pursuing a mini-grant from the Michigan Arts and
Cultural Council in the amount of $2,000 to support the 2023 Lakeshore Art Festival. Grant funds will support
artists' fees (performers and artists), art supplies for the interactive art activities, and marketing efforts to
attract a diverse audience. Per the grant requirements, the funds will be matched 1:1 from the Festival
budget.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the submission of the grant application to MCACA.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 26, 2022 Title: Amendment to the Zoning Ordinance
– Critical Dunes – 2ND READING
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff-initiated request to revoke Section 2310 (Critical Dunes) of the zoning
ordinance.
Detailed Summary:
The Planning Commission unanimously recommended in favor of revoking the ordinance.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to request to revoke Section 2310 of the zoning
ordinance.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
Planning Commission Excerpt:
SUMMARY
1. The City took control of critical dune enforcement (from EGLE) in 2019 in an effort to speed up review
times for applicants and to reduce their fees.
2. The City accepts critical dune permit applications and forwards them to our consultant, Point Blue, for
review. Point Blue then makes a recommendation on the issuance of the permit.
3. The State (EGLE) allows themselves up to 90 days to respond to critical dune applications. In talking
with previous applicants, staff has learned that EGLE often approves applications well before that
deadline, but sometimes may wait until the deadline to respond.
4. The City usually processes critical dune applications in about 20-30 days.
5. Under an EGLE review, fees for a new home appear to cost about $1,100, but fees for a deck addition
range from $150-$250.
6. The City charges $1,500 for a critical dune permit. This was recently increased from $1,100 because
EGLE is now requiring that we conduct post-construction inspections, which will need to be done with
our consultant. Refunds may be given if the consultant fees are not as much as anticipated, but that is
a rare occurrence. Sometimes the consultant fees exceed the amount of the application fee. The Deck
expansion in 2019 cost $2,100, but the applicant was only charged $1,500. The consultant fees for the
project at 3561 Woodlawn Ct in 2021 to bury power lines were $1,168, but the application fee was only
$1,100.
7. Consulting fees for smaller projects appear to cost a lot more than they would if reviewed by EGLE.
The consulting fee for a fence addition at 1550 Nelson was $431.
8. Staff has processed 20 applications since 2019.
9. Each application takes approximately 3-4 hours of staff time.
10. Additional calls about potential projects take approximately 1 hour of staff time per week.
11. We have been audited twice since 2019 and anticipate that we will be audited every year from now on.
Each audit takes about 40 hours of staff time and additional costs from the consultant.
12. We have just completed the second audit and are no longer in violation.
13. Revoking the ordinance would return critical dune enforcement to EGLE.
Permits Issued
Year Public Private Total
2019 3 3 6
2020 0 2 2
2021 1 5 6
2022 0 6 6
Total 4 16 20
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to revoke Section 2310 (Critical Dunes) of the zoning ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2310 of the zoning ordinance is hereby revoked.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of July 2022, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2022. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 26, 2022, the City Commission of the City of Muskegon adopted an
ordinance to revoke Section 2310 (Critical Dunes) of the zoning ordinance.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2022. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
From: Mike Franzak
To: Kimberly Young
Subject: FW: Resolution completed of EGLE-WRD audit of Muskegon"s CDA program
Date: Wednesday, June 29, 2022 3:12:55 PM
Please put a copy of this email with the Critical Dune agenda item. Thanks
From: Lederle, Kate (EGLE)
Sent: Wednesday, June 29, 2022 2:21 PM
To: Mike Franzak
Cc: LeighAnn Mikesell ; Lounds, Amy (EGLE)
Subject: Resolution completed of EGLE-WRD audit of Muskegon's CDA program
Hello Mike,
Muskegon has provided the assurances and information requested because of the audit
conducted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE)
Water Resources Division (WRD) dated November 1, 2021. All issues regarding the audit
have been resolved to date.
Sincerely,
Kate Lederle
Environmental Quality Specialist
517-290-2757 | LederleK@Michigan.gov
Water Resources Division | Great Lakes Shorelands
High Risk Erosion Areas Michigan.gov/Shorelands
Critical Dune Areas Michigan.gov/CriticalDunes
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.
Sign up for City of Muskegon Emails