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City of Muskegon City Commission Meeting Agenda September 12, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice. The participant will then receive a zoom link which will allow them to watch live and give comment. Contact information is below. For more details, please visit: www.shorelinecity.com The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440; 231-724-6705; clerk@shorelinecity.com Pages 1. Call To Order 2. Prayer 3. Pledge of Allegiance 4. Roll Call 5. Honors, Awards, and Presentations 6. Public Comment on Agenda Items 7. Consent Agenda 7.a Approval of Minutes - City Clerk 1 7.b Rezoning of 417 Jackson Ave - 2nd Reading - Planning 18 7.c Rezoning of 1225 E Laketon Ave - 2nd Reading - Planning 25 7.d Rezoning of several properties on Myrtle Ave, Allen Ave, and Jay St in the Angell 31 Neighborhood - 2nd Reading - Planning 7.e Firefighting Turnout Equipment - Public Safety 38 7.f User Agreement - Muskegon YMCA - Parks & Recreation 48 7.g Laketon-Lakeshore Trail MNRFT Resolution - Public Works 51 7.h Community Relations Committee Recommendations - City Clerk 53 8. Public Hearings 8.a Approval of the Lakeside Business Improvement District Special Assessment - 55 Economic Development 9. Unfinished Business 10. New Business 10.a City ARPA Community Grant - Pioneer Resources, Inc. 71 10.b Master Plan Adoption - Planning 77 11. Any Other Business 12. Public Comment on Non-Agenda items 13. Closed Session 14. Adjournment Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: Approval of Minutes 2023 Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the August 22, 2023 Regular Meeting. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the minutes. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review City of Muskegon City Commission Meeting Minutes August 22, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, MI 49440 Present: Mayor Ken Johnson Commissioner Rachel Gorman Commissioner Rebecca St.Clair Vice Mayor Willie German, Jr. Commissioner Michael Ramsey Commissioner Teresa Emory Absent: Commissioner Eric Hood Staff Present: City Manager Jonathan Seyferth City Clerk Ann Meisch City Attorney John Schrier Deputy City Clerk Kimberly Young 1. Call To Order Mayor Ken Johnson called the City Commission meeting to order at 5:33 p.m. 2. Prayer Pastor Adam Dollar, Evanston Avenue Baptist Church, opened the meeting with prayer. 3. Pledge of Allegiance The Pledge of Allegiance to the Flag was recited by the Commission and the public. 4. Roll Call As recorded above 5. Honors, Awards, and Presentations 5.a Resident Honored for Life Saving Measures 1 Jenny Hart-Locke was awarded the Citizen CPR Life Saving Award in recognition of exceptional lifesaving efforts rendered to a citizen in distress on July 19, 2023 at The Deck, 1601 Beach Street, in the City of Muskegon. Jenny's act of heroism was a critical link in the patient's chain of survival and her dedication to the preservation of life is to be commended. 5.b Muskegon Fire Departments 150th Deborah Santiago-Sweet spoke about the City of Muskegon's Fire Departments 150th Celebration which includes a blood drive, parade, luncheon, community specials, and merchandise sales. A detailed schedule of celebration events can be found at mkgcity.com/mfd150 6. Public Comment on Agenda Items Public comments were received. 7. Consent Agenda Action No. 2023-89 Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To accept the consent agenda as presented, minus item 7e, 7f, 7h, 7o, and 7p. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 7.a Approval of Minutes - City Clerk To approve the minutes of the August 2, 2023 Special Worksession Meeting and the August 7, 2023 Worksession/General Session Meeting. STAFF RECOMMENDATION: To approve the minutes. 7.b Certification of MERS Representatives - Finance Assigning Delegates for MERS Conference - 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 2 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 Dave Baker from Non-Union Unit. The Officer Delegate will be Kenneth D. Grant, Finance Director this year. AMOUNT REQUESTED: $510 plus travel FUND OR ACCOUNT: 677-272-861 STAFF RECOMMENDATION: To approve Kenneth Grant (Finance Director) as designated delegate to MERS Conference and to make Dave Baker employee representative. 7.c Munetrix Contract - Finance Renewal of the Munetrix Contract for three years. Munetrix is software program that is used by the city to fulfill the State of Michigan’s guideline for transparency and City Village Township Revenue Sharing reporting requirements. It is also a performance analytical tool that is used by our citizens and others communities for comparative information. AMOUNT REQUESTED: $6,626 per year for three years. Total costs $19,878.00 STAFF RECOMMENDATION: To allow the City Finance Director to renew the contract with Munetrix for three years. 7.d Purchase of Salesforce - Economic Development City staff is requesting the purchase of Salesforce in order to be more sufficient in collecting data for retention visits and projects, creating reports by using analytics for industries, commercial corridors and much more. Salesforce is a cloud-based system, customer relationship management platform that enables businesses to manage customer data, sales operations, and marketing campaigns. Salesforce Database generates data for leads, tasks, opportunities, accounts, and notes. It also has the ability to customize the type and the amount of information the user 3 wishes to store. Salesforce can also use analytics to create reports and graphics that highlight trends seen in different industries. As the Economic Development team continues to grow, this tool will be very helpful for staff to have an idea of the progression of a business throughout the years, issues and challenges they’ve experienced at previous visits, and understanding the differences and similarities between businesses in different industries. City staff and our city attorney has reviewed the master service agreements provided by both Sales Force and Summit Technologies and are comfortable with moving forward. The total costs for Salesforce are $8,400. This price includes the following fees: $2,400 (annually) Sales & Service Cloud- Professional Edition $6,000 (one-time fee) for back end programming by Summit Technologies (3rd party) AMOUNT REQUESTED: $8,400 FUND OR ACCOUNT: Contracted Services, Planning STAFF RECOMMENDATION: To approve the purchase of Salesforce and authorize the Director of Development Services to sign the purchase documents. 7.g Rezoning of 1225 E Laketon Avenue - Planning Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial to B-4, General Business, by Tread Monkey, LLC. The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. STAFF RECOMMENDATION: To approve the request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial to B-4, General Business. SECOND READING REQUIRED 7.i Amendment to the Zoning Ordinance - Fencing - 2nd Reading - Planning This is a staff-initiated request to amend the fencing ordinance to clarify the types of fences allowed. This is an effort to improve the quality of 4 fences erected throughout the City. The Planning Commission unanimously recommended approval of the amendment. STAFF RECOMMENDATION: To approve the request to amend the fencing ordinance as proposed. 7.j Amendment to the Zoning Ordinance - Residential Design Criteria - 2nd Reading - Planning This is a staff-initiated request to amend the residential design criteria section of the zoning ordinance. Many of the changes are small and for clarification reasons. Some requirements were removed because they are requirements already listed in the building codes. The removal of storage requirements and house widths on small lots are the biggest proposed changes. The Planning Commission unanimously recommended approval of the amendment. STAFF RECOMMENDATION: To approve the request to amend the residential design criteria ordinance as proposed. 7.k 30" Water Main Meter - DPW - Filtration An amendment to the Cost Sharing Agreement between the City of Muskegon and Muskegon County to permit the City to install a water meter on the 30” water main near the Water Filtration Plant. A 30” water main was recently constructed from the Water Filtration Plant to the Muskegon Channel. While the primary purpose of this water main was to provide a second connection to the Muskegon County Northside water system, it also serves the City of Muskegon’s water system. An existing water meter near the channel measures all water flow into the County water system, but it does not capture any water flow into the City. Installing a water meter near the Water Filtration Plant will measure all the water flowing through this main, including the currently unmetered water flowing into the City. Metering this water as it leaves the Water Filtration Plant is critical to overseeing water plant operations, managing the water fund, and ensuring regulatory compliance. The construction phase of this project is expected to begin this fall, and staff will return to the Commission at a later date for approval of the construction contract. An amendment to the original agreement between the City and the County is required to permit the City to install, operate, and maintain the water meter on the county-owned water main. Upon approval from the City 5 Commission, the amendment will be presented to the Muskegon County Board of Public Works for approval. STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the First Amendment to Cost Sharing Agreement. 7.l DWRF ARPA Grant Agreement - DPW Authorize DPW Director to sign American Rescue Plan Grant Agreement for the Drinking Water projects (Morton, Wilcox, Thompson, and Lead Service Lines) awarded at the July 11, 2023 Commission meeting. Authorize DPW Director to sign American Rescue Plan Grant Agreement for the Morton, Wilcox, Thompson, and Lead Service Lines projects. Estimated Total Project Costs: DWSRF Eligible Project Cost Subtotal: $8,865,000 DWSRF Loan No. 7467-01 Amount: ($5,628,495) Total Grant Amount: $3,236,505 STAFF RECOMMENDATION: To authorize the DPW Director to sign ARP Grant Agreement for Project #7467-01. 7.m Vehicle Purchases - DPW Staff requests approval to purchase three vehicles using budgeted funds from the General and Equipment funds. The Equipment Division is seeking approval to purchase three (3) administration vehicles from Lunghammer Ford using the Mi-Deal state bid-based pricing. One of these vehicles will be purchased by the Recreation Department for internal use while the other two will be assigned out by the Equipment department. AMOUNT REQUESTED: $82,005 FUND OR ACCOUNT: 101-775($27,335) Rec - 642-563 ($54,670) Equip STAFF RECOMMENDATION: To approve the purchase of three vehicles from Lunghammer Ford for a total of $82,005 from the General and Equipment funds. 7.n Vehicle Purchase - Skid Steer - DPW Staff requests approval to purchase a skid steer using budgeted Equipment funds. The Equipment Division is seeking approval to purchase 6 (1) Skid Steer Loader from Michigan Caterpillar from the Sourcewell pricing contract. This piece of equipment will be used at the beach for sand removal/maintenance, DPW building for ground maintenance and vehicle loading as well as snow removal downtown and surrounding areas. AMOUNT REQUESTED: $73,222.73 FUND OR ACCOUNT: Equipment Fund - 661-563 STAFF RECOMMENDATION: To approve the purchase of (1) one Skid Steer Loader from Michigan Caterpillar. 7.e MDNR Spark Grant Agreement - Parks & Recreation Staff is requesting approval to execute the agreement for the MDNR Spark Grant for the construction of a new splash pad at Howmet Aerospace (Alcoa) Celebration Square. The City of Muskegon has been granted a $250,000 Spark Grant from the MNDR with a City match amount of $24,000. The City of Muskegon is required to execute the included agreement by the end of the month to meet funding requirements. The Howmet Aerospace Foundation is also contributing $50,000 to the project for improvements to the surrounding plaza. AMOUND REQUESTED: $24,000 FUND OR ACCOUNT: 101-771 STAFF RECOMMENDATION: To approve the MDNR Spark Grant agreement including the approving resolution, and authorize the DPW Director to sign. Action No. 2023-90(e) Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To approve the MDNR Spark Grant agreement including the approving resolution, and authorize the DPW Director to sign. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood 7 MOTION PASSES (6 to 0) 7.f Rezoning of 417 Jackson Avenue - Planning Department Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. STAFF RECOMMENDATION: To approve the request to rezone property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. SECOND READING REQUIRED Action No. 2023-90(f) Motion by: Vice Mayor German Second by: Commissioner Ramsey To approve the request to rezone property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 7.h Rezoning of Several Properties on Myrtle Ave, Allen Ave, and Jay St. in the Angell Neighborhood - Planning Request to rezone the following parcels from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development. The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. STAFF RECOMMENDATION: To approve the request to rezone 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; 8 and 923 Jay St from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core. SECOND READING REQUIRED Action No. 2023-90(h) Motion by: Vice Mayor German Second by: Commissioner St.Clair To approve the request to rezone 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core. Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Commissioner Ramsey, and Commissioner Emory Nays: (1): Vice Mayor German Absent (1): Commissioner Hood MOTION PASSES (5 to 1) 7.o SHPO (State Historic Preservation Office) CLG (Certified Local Government) Grant Agreement Staff is requesting approval to enter into the attached Certified Local Government (CLG) Grant Agreement in order to obtain $55,000 from the State Historic Preservation Office (SHPO) with the Michigan Strategic Fund (MSF) for monument conservation work at Hackley Park. At the January 10th, 2023 meeting, Commission approved the submittal of a grant application to the State Historic Preservation Office (SHPO) for monument conservation work at Hackley Park. The City was selected for a $55,000 award, and will need to pay $22,440 in matching funds as a part of the grant agreement. Due to an electronic signature requirement, the DPW Director will need to sign. The grant will allow us to complete recommended conservation work at the 5 sculptures within Hackley Park. The plan is to also completed work on the McKinley Statue and the Kearny Statue as they are of similar age and condition. These two structures are ineligible for grant funding (McKinley is privately owned, and Kearny is outside the designated historic district boundary). The owners of the McKinley statue are aware 9 of this and have agreed to participate in the cost for that piece, the cost for the work at Kearny will be a city responsibility but is ineligible to count towards the match. The conservator’s report, included at the end of the agreement, estimates the work on all 7 monuments at $81,520. With articulated or boom lifts and estimated cost increases over the past year the total project is estimated at $105,000. The City portion, including match, is $50,000. AMOUNT REQUESTED: $50,000 FUND OR ACCOUNT: 101 (Capital Plan Budget) STAFF RECOMMENDATION: To approve the Certified Local Government Grant Agreement as presented including authorizing the DPW Director to sign. Action No. 2023-90(o) Motion by: Commissioner Ramsey Second by: Commissioner Gorman To approve the Certified Local Government Grant Agreement as presented including authorizing the DPW Director to sign. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 7.p Contract Award - Nelson House Move - Development Services Staff is requesting authorization to enter into a contract with Deitz House Moving Engineers, Inc., in the amount of $237,500 to move the historic Nelson House from 1292 Jefferson Street to the City-owned vacant lot at 382 W. Muskegon Avenue. The Nelson House is currently owned by Muskegon Public Schools and slated for demolition. Since the presentation at the March 13, 2023 Commission Worksession, staff has met with a number of house moving contractors and released a Request for Proposals for bids to move the house as well as complete excavation work and construct a new basement at 382 W. Muskegon. $200,000 was budgeted in the Public Improvement Fund for the work. If moved, the 10 house will be listed for sale in as-is condition and ultimately rehabilitated by a private owner. AMOUNT REQUESTED: $237,500 FUND OR ACCOUNT: Public Improvement STAFF RECOMMENDATION: To authorize staff to enter into a contract with Deitz House Moving Engineers, Inc. in the amount of $237,500 to move the Nelson House to 382 W. Muskegon Avenue. Action No. 2023-90(p) Motion by: Commissioner St.Clair Second by: Commissioner Emory To authorize staff to enter into a contract with Deitz House Moving Engineers, Inc. in the amount of $237,500 to move the Nelson House to 382 W. Muskegon Avenue. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 8. Public Hearings 8.a Public Hearing - Approval of the Lakeside Business Improvement District Special Assessment - Economic Development The Lakeside Business Improvement District is requesting a special assessment for three more years starting in January of 2024. Funds from the Lakeside BID assessment in 2021-2023 has allowed for the BID to cover items that keep the integrity of the business district. Funds have been used to cover snow removal, Christmas decorations, landscaping and maintenance, Lakeside events, and advertisements in the Visitors Guide. In order to continue these services, the Lakeside BID has requested a final three-year assessment at a 20% reduction for 2024-2026, continuing with the current district boundaries. Class A properties will have a per parcel rate of $0.04 per square foot of lot size for a Commercial Property, 11 not to exceed $1,600, and $0.02 per square foot of lot size for an Industrial, Automotive or Utility Property, not to exceed $1,600. The special assessments will be in the winter tax bills. After the additional three years is complete, the BID will transition into the CIA. City staff has provided a Special Assessment Packet that outlines the overview of the request, a letter from the City of Muskegon Assessor, the budget recommendation and explanation, and the properties included in the assessment. City staff has introduced the special assessment at the City Commission meeting on August 7th, 2023. If the district is created, a second public hearing will be held on September 26 to confirm the special assessment roll. STAFF RECOMMENDATION: To approve the creation of a special assessment district in the Lakeside Business Improvement District for 2024-2026. Action No. 2023-91 Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To close the public hearing and approve the creation of a special assessment district in the Lakeside Business Improvement District for 2024-2026. PUBLIC HEARING COMMENCED: Paul Korndorfer, 1883 Lakeshore Drive - supports the Special Assessment - wants to know if the Air B & B's are also paying? Currently not on assessment list - Roll has not been set so properties can still be added. Mayor Johnson asked Mark Flermoen Lakeside BID Chairperson, to share his plans for the Lakeside Fall Festival. The Lakeside Fall Festival will include Street Performers, Bounce Houses, Hayrides, District Businesses will participate as well as Tiki Boys and Lake Bluff Grill. There will be a scare crow contest w/ business owners, and some business owners will participate in Lakeside Give (owners give back) with donations to the lighthouse, the Clipper, and Heaven Can Wait - all to take place in the Lakeside Social District. Event is Saturday, October 7, 2023. 12 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 9. Unfinished Business 10. New Business 10.a Amendment to Zoning Ordinance, Residential Setback Requirements Staff-initiated request to amend Section 404 of the zoning ordinance to modify rear setback requirements and to create a front build-to zone in lieu of front setbacks in single-family residential zones. The Planning Commission recommended approval of the amendment by a 4-1 vote at their August 10 meeting. STAFF RECOMMENDATION: To approve the request to amend Section 404 of the zoning ordinance as presented. Action No. 2023-92(a) Motion by: Commissioner St.Clair Second by: Commissioner Ramsey To approve the request to amend Section 404 of the zoning ordinance as presented. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 10.b City ARPA Community Grant - Pioneer Resources, Inc. - Manager's Office - REMOVED PER STAFF REQUEST *A Conflict of Interest Letter was signed by Commissioner Rachel Gorman related to this item. The Conflict of Interest statement was posted to the City's website and City's Facebook page on August 10, 2023. 13 https://muskegon-mi.gov/notice-of-conflict-of-interest/ 10.c Assistance to Firefighters Grant - Public Safety The fire department received notification on August 11, 2023 they received a FEMA grant to replace their aging and often out of service, breathing air compressor and fill system. In January 2023, the Fire Department applied for a grant from FEMA through the AFG (Assistance to Firefighters Grant) program. The equipment applied for was a new breathing air system to fill our air cylinders. Our current breathing air compressor system was purchased in 1997. The three quotes we received for replacement were from West Shore Fire, Municipal Emergency Services (MES) and Breathing Air Systems (BAS). West Shore Fire: Did not provide a shipping cost. Would not entertain a trade-in quote. $ 62,260.97 MES: A newer system on the market. There were no reviews available. Would not entertain a trade-in quote. $ 74,789.00 BAS: Bauer is the current manufacture we have been using for 26 years. It’s has been proven to be good unit for us. Service times are usually within 48 hours. Breathing Air Systems will take our unit in on trade for $5k. They will remove the old system and take it with him when they deliver the new system. $78,593.80, less the trade in of $5,000 for a total of $73,593.80. At the time of submitting the grant, BAS quoted for a complete breathing air cascade system with shipping and installation for $77,250.00. The quote was only valid for 30 days. After the award we received an updated quote of $78,593.80, less the trade in of $5,000 for a total of $73,593.80. On August 11, 2023, the fire department received notification from FEMA our grant application was approved. The grant requires a 10% match of the requested funds. The fire department is requesting $7,359.38 for the purchase of the $73,593.80 breathing air compressor and cascade filling station with assistance from FEMA grant funding. AMOUNT REQUESTED: $7,359.38 14 FUND OR ACCOUNT: General Fund 101-336 STAFF RECOMMENDATION: To approve the funding to purchase the breathing air compressor and cascade filling station from Breathing Air Systems. Action No. 2023-92(c) Motion by: Commissioner Ramsey Second by: Vice Mayor German To approve the funding to purchase the breathing air compressor and cascade filling station from Breathing Air Systems. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood MOTION PASSES (6 to 0) 11. Any Other Business 11.a Resolution of Support - Open Gates of Grace Ministries - Manager's Office To approve the resolution of support for the Open Gates of Grace submission of an application titled "Open Gates Project" to the MI Community Center grant program for Grace Space Programs at 1428 Terrace Street Muskegon, Michigan. Action No. 2023-93(a) Motion by: Commissioner Ramsey Second by: Vice Mayor German To approve the resolution of support for the application of Open Gates of Grace for a project at their facility. Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1): Commissioner Hood 15 MOTION PASSES (6 to 0) 12. Public Comment on Non-Agenda items Public comments were received. 13. Closed Session 14. Adjournment The City Commission meeting adjourned at 7:45 p.m. Motion by: Commissioner Ramsey Second by: Commissioner St.Clair To adjourn at 7:45 p.m. _________________________ Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk 16 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: Rezoning of 417 Jackson Ave – 2nd 2023 Reading Submitted By: Mike Franzak Department: Planning Department Brief Summary: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing & Business/Increase Variety of Housing Types. Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the request to rezone property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review PLANNING COMMISSION PACKET EXCERPT August 10, 2023 Hearing, Case 2023-21: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low Density Single-Family Residential to Form Based Code, Neighborhood Core. SUMMARY 1. The property is currently zoned R-1, Low-Density Single-Family Residential. The seven-acre lot contains the former Froebel School building that measures 22,614 sf. 2. Staff is proposing to rezone the property in order to allow for the renovation of the former Froebel School building into affordable residential apartments. The condition of the building is deteriorating quickly and must be redeveloped soon to avoid demolition. Staff has shown the building to numerous developers over the years and has finally found an entity that is capable of its renovation. 3. The Form Based Code, Neighborhood Core designation allows a variety of housing options, ranging from rowhouses to large multiplexes, with a maximum height of five stories. This context area allows for large multiplex buildings, which this existing building would be considered if it were renovated to residential. This is the least-intense context area that allows for small multiplexes. 4. The eastern and southern edges of this property have severe development limitations since there is a lack of infrastructure to support new buildings. The topography of the site does not allow for the installation of new infrastructure without a costly lift station. Development of the southern and eastern edges of the property are unlikely. 5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had not received any comments from the public. 417 Jackson Ave Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed) Aerial Map Zoning Map CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 417 Jackson Ave from R-1 to FBC, NC THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 417 Jackson Ave from R- 1 to FBC, NC. This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning 417 Jackson Ave from R-1 to FBC, NC) 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 12th day of September, 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: ___________________, 2023 ________________________________ 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 September 12, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 417 Jackson Ave from R-1 to FBC, NC: 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 ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: Rezoning of 1225 E Laketon Ave – 2nd 2023 Reading Submitted By: Mike Franzak Department: Planning Department Brief Summary: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial to B-4, General Business, by Tread Monkey, LLC. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing & Business Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial to B-4, General Business. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review PLANNING COMMISSION PACKET EXCERPT August 10, 2023 Hearing, Case 2023-18: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial to B-4, General Business, by Tread Monkey, LLC. SUMMARY 1. The property is zoned I-2, General Industrial and is located at the northern edge of the Medendorp Industrial Center. 2. The applicant is seeking a rezoning in order to allow Tread Monkey (tire changing business) to locate there. They specialize in chaining tires at the scene, but would like to provide a physical location as well. 3. The B-4 district allows auto repair and similar businesses as long as work is done in a completely enclosed building. The building on site will not accommodate this type of use, but the applicant intends on building a small structure in which they will change tires. There appears to be adequate space to do so in front of the existing building. 4. Please see the enclosed ordinance excerpt for B-4, General Business districts. 5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had not received any comments from the public. 1225 E Laketon Ave Aerial Map Zoning Map CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 1225 E Laketon Ave from I-2 to B-4 THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 1225 E Laketon Ave from I-2 to B-4. CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE 1/4 EXC E 3 FT OF S 50 FT TH'OF This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning 1225 E Laketon from I-2 to B-4) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of September, 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: ___________________, 2023 ________________________________ 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 September 12, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 1225 E Laketon Ave from I-2 to B- 4: CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE 1/4 EXC E 3 FT OF S 50 FT TH'OF 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 ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: Rezoning of several properties on Myrtle 2023 Ave, Allen Ave, and Jay St in the Angell Neighborhood – 2nd Reading Submitted By: Mike Franzak Department: Planning Department Brief Summary: Request to rezone the following parcels from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development Detailed Summary & Background: The Planning Commission unanimously recommended approval of the rezoning at their August 10 meeting. Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing & Business/Increase Variety of Housing Types. Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the request to rezone 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review PLANNING COMMISSION PACKET EXCERPT August 10, 2023 Hearing, Case 2023-19: Request to rezone the following parcels from R-3, High Density Single Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development. SUMMARY 1. The properties are all zoned R-3, High-Density Single-Family Residential, but are located between higher-density developments. The lots combined total about 2.2 acres. 2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The numbers of units could range between 50-100 as the details are still being finalized. 3. The Form Based Code, Neighborhood Core designation allows a variety of housing options, ranging from rowhouses to large multiplexes, with a maximum height of five stories. 4. Most of the houses in this area have been demolished, with only a few remaining. There are no houses remaining on the lots involved with the request. 5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff had not received any comments from the public. Project area with Bayview Tower located just to the north Aerial Map Zoning Map Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed) CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for 139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC. This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk CERTIFICATE (Rezoning139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St ) 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 12th of September, 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: ___________________, 2023 ________________________________ 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 September 12, 2023, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC. 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 ____________________, 2023 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12 2023 Title: Use Agreement – Muskegon YMCA Submitted By: Kyle Karczewski Department: Parks & Rec Brief Summary: Staff is requesting the approval of the City of Muskegon’s agreement with the Muskegon YMCA for usage of Parks & Recreation facilities. Detailed Summary & Background: The Muskegon YMCA has requested to run various health & wellness programs at Smith-Ryerson and McGraft Park. These programs will run intermittently through the end of August 2024. Goal/Focus Area/Action Item Addressed: Enhanced Parks and Recreation Department and Services Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: Authorize staff to enter into an agreement with our strategic partner Muskegon YMCA. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review DEPARTMENT OF PUBLIC WORKS 1350 E. KEATING MUSKEGON, MI 49442 USE AGREEMENT AGREEMENT made the ___ day of _____, 2023, between the City of Muskegon Department of Public Works, 1350 E. Keating, Muskegon, Michigan (the “City”), and the Muskegon YMCA, 1115 3rd St., Muskegon, Michigan (the “Concessionaire”). IT IS THEREFORE AGREED: 1. Activity: Concessionaire hereby agrees that it will operate programs and related activities on City property as follows (the “Event(s)”): i. Smith—Ryerson Park, 650 Wood St., Muskegon, MI 49442 ii. McGraft Park, 2204 Wickham Drive, Muskegon, MI 49441 Concessionaire will operate the health & wellness Events between September 1, 2023 and August 31, 2024. Concessionaire shall contract for, carry out, and be responsible for all obligations thereunder for the place, suppliers, and advertising for the Event. 2. Insurance: Concessionaire shall apply for and pay premiums for insurance to fully protect the public, and the City, from any and all liability that may arise or be incurred as consequence of the Event. Concessionaire shall have such Liability Insurance in the amount of $1,000,000.00. A copy of the Certificate of Insurance naming the City as additional insured shall be supplied to the City prior to the Event. The certificate shall provide that no cancellation shall be effective without a 30-day notice to the City. i. Language on the insurance certificate shall read specifically: “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”. 3. Hold Harmless: Concessionaire shall indemnify, defend and save the City harmless from and against any and all claims, actions, damages, liability, attorney fees, and expense in connection with the loss of life, bodily injury and/or damage to property arising from any occurrence in or about the premises occupied or utilized by Concessionaire or any part thereof or resulting in whole or part from any intentional, unintentional, or negligent act or omission of Concessionaire, it’s employees, invitees, licenses or contractors or otherwise occurring as a result of the Events. 4. Conditions: Concessionaire shall not assign its rights or obligations hereunder without the written consent of the City. Concessionaire understands that the City does not provide exclusivity with respect to publicly accessible parks. Concessionaire agrees to return each location to the condition it was in prior to each Event. Both the Concessionaire and the City shall comply with all the laws of the United States and the State of Michigan, all ordinances of the City of Muskegon, and all rules and regulations of the Police and Fire Departments, or other municipal authorities within the County of Muskegon, and will obtain and pay all necessary permits and licenses applicable to each, and will not suffer to be done anything during the term of this agreement in violation of any such laws, ordinances, rules or requirements. 5. Terms: Either party may cancel this Agreement by giving to the other thirty (30) days’ written notice prior to any scheduled Event. IN WITNESS WHEREOF, the parties, by their duly authorized officers have executed this agreement. DEPARTMENT OF PUBLIC WORKS : By: ______________________________ Its: ______________ Date:____________ CONCESSIONAIRE By: ______________________________ Its: ______________ Date: ____________ Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, 2023 Title: Laketon-Lakeshore Trail MNRFT Resolution Submitted By: Dan VanderHeide Department: DPW Brief Summary: Staff is seeking a formal resolution of support to apply for a grant from the Michigan Natural Resources Trust Fund (MNRTF) for the Laketon/Lakeshore Trail Connector (LLTC) Project. Detailed Summary & Background: Staff is seeking funds through two programs to provide the base funding for construction of a new non-motorized trail named the Laketon-Lakeshore Trail Connector (LLTC). The trail would be constructed in the road right-of-way along Sanford Street and Terrace Street between Laketon Avenue and Shoreline Drive linking the Laketon Trail and the Lakeshore Trail. Grant funding is being pursued through two programs: MDOT Transportation Alternatives Program (TAP) – Staff has been engaging with MDOT staff and has received encouragement that this project could see funding from this program. Michigan Natural Resources Trust Fund (MNRTF) – Staff has had preliminary conversation with MDNR staff encouraging an application for $300,000 from this program. If successful, the funding for about 75% of the construction cost could be secured from grant funding. Funds are targeted in the 2025 state fiscal year based on advice from grant staff at MDOT and MDNR. Staff is recommending approval of the resolution of support. Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department and Services, Improved Access to the Waterfront, Take Advantage of External Revenue Sources Amount Requested: Budgeted Item: N/A (Future Fiscal Year Request if Selected) Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: Move approval of the included resolution of support for the MNRTF grant application for the Laketon-Lakeshore Trail Connector. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review City of Muskegon Resolution of Support for a Michigan Natural Resources Trust Fund Application for the Laketon to Lakeshore Trail Connector WHEREAS, the Muskegon City Commission supports the submission of an application titled, “Laketon to Lakeshore Trail Connector” to the Michigan Natural Resources Trust Fund for development of the Laketon to Lakeshore Connector Non-motorized path which will start at the intersection of Laketon Avenue and Sanford Street and run north on Sanford Street and Terrace Street and ending at Terrace Street and Shoreline Drive; and, WHEREAS, the proposed application is supported by the Community’s 5-Year Approved Parks and Recreation Plan; and, WHEREAS, the City of Muskegon has applied to the Michigan Department of Transportation (MDOT) Transportation Alternatives Program (TAP) for a grant in the amount of $1,825,692 which is a part of the City’s financial commitment; and, WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount of $2,466,200 matching funds, the balance of which is in cash and/or force account; and, NOW THEREFORE, BE IT RESOLVED that the Muskegon City Commission hereby authorizes submission of a Michigan Natural Resources Trust Fund Application for $300,000, and further resolves to make available its financial obligation amount of $2,466,200 (89%) of a total $2,766,200 project cost during a future fiscal year should the grants be awarded. Ayes: Nays: Absent: Motion Approved. Dated this __________ of ____________________, 20_____. Ken Johnson Mayor Ann Meisch Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: Sept. 12, 2023 Title: Community Relations Committee Recommendations Submitted By: Ann Marie Meisch Department: Clerk Brief Summary: To concur with the CRC recommendation on the following boards & commissions removals and appointments. Detailed Summary & Background: Consider approval of the following CRC recommendations: Accept resignation – Michael Johnson, DDA/BRA member with property interest, term exp. 01/31/25 Appoint members – Shaundrica Roberts, Citizen’s Police Review Board Citizen AL, term exp.01/31/25 Shonie Blake, Planning Commission, Citizen, term exp. 01/31/26 Mary Louise LaBelle, Civil Service, Citizen, term exp .01/31/25 Dan Rinsema-Sybenga, CDBG Citizen’s District Council, Ward 2 Citizen, term exp. 01/31/24 Goal/Focus Area/Action Item Addressed: Maintain boards & commissions membership level. Amount Requested: N/A Budgeted Item: Yes No N/A x Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To concur with resignation and appointment recommendations of the CRC. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: Public Hearing- Approval of the 2023 Lakeside Business Improvement District Special Assessment Submitted By: Contessa Alexander Department: Economic Development Brief Summary: The Lakeside Business Improvement District is requesting a special assessment for three more years starting in January of 2024. Detailed Summary & Background: Funds from the Lakeside BID assessment in 2021-2023 has allowed for the BID to cover items that keep the integrity of the business district. Funds have been used to cover snow removal, Christmas decorations, landscaping and maintenance, Lakeside events, and advertisements in the Visitors Guide. In order to continue these services, the Lakeside BID has requested a final three-year assessment at a 20% reduction for 2024-2026, continuing with the current district boundaries. Class A properties will have a per parcel rate of $0.04 per square foot of lot size for a Commercial Property, not to exceed $1,600, and $0.02 per square foot of lot size for an Industrial, Automotive or Utility Property, not to exceed $1,600. The special assessments will be in the winter tax bills. After the additional three years is complete, the BID will transition into the CIA. City staff has provided a Special Assessment Packet that outlines the overview of the request, a letter from the City of Muskegon Assessor, the budget recommendation and explanation, and the properties included in the assessment. City staff has introduced the special assessment at the City Commission meeting on August 7th, 2023. The Public Hearing was scheduled on August 22, but after comments regarding short term rentals, city staff has updated the special assessment documents, tax rolls and have resent public hearing notices and letters to commercial properties including the short-term rentals in the district. Goal/Focus Area/Action Item Addressed: ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A Recommended Motion: I move to approve the resolution of the Establishment of the Lakeside BID Special Assessment District for 2024-2026 as presented and authorize the Mayor and City Clerk to sign and appoint two commissioners to review the special assessment tax rolls. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review LAKESIDE BUSINESS IMPROVEMENT DISTRICT SPECIAL ASSESSMENT BENEFIT ANALYSIS SUMMARY PREPARED BY THE CITY OF MUSKEGON STAFF JULY 25, 2023 LAKESIDE BID MAP *Green indicates businesses within the Lakeside Business Improvement District. Red indicated property lines. 2024-2026 Assessment From: Contessa Alexander, BID-CIA staff liaison on behalf of the Lakeside Business Improvement District Board Date: May 17, 2023 To: Muskegon City Clerk/City Commission Overview: The three-year Lakeside Business Improvement District special assessment district ends on Dec. 31, 2023. It has been successful in providing an essential service in sidewalk snow removal, allowing for a transition from the Lakeside District Association to the Corridor Improvement Authority and establishing a future of quality public services to a critical commercial district between downtown and the beach. As time goes on, the CIA’s tax increment financing revenues will grow to replace the BID revenues. The Lakeside Business Improvement District Board recommends that the BID be renewed for a final three years, 2024-2026 so as to complete the transition to the CIA, continuing with current district boundaries, placing the special assessments on the winter tax bills and recommending that this be the final BID renewal request. The rate based upon square footage of land of the assessed commercial properties, Lakeside BID recommends 2 cents the established rate for industrial, automotive and utility properties that do not gain as much benefit from the district as the other commercial uses. The Lakeside BID recommends a 4-cent rate for the next three years, for all of the commercial properties, based upon financial analysis of revenues and expenditures. Based upon conservative assumptions, the recommended rate maintains current services and discretionary funds for the three years, offers a 20 percent reduction in special assessments and puts the CIA in a position to continue current services in 2027 and beyond. 2024 - 2026 Assessments: - “Class A” Properties, as defined in the BID Bylaws, shall be assessed annually assessment of $0.04/sf with no assessment to exceed $1,600. Contiguous properties with the same use and same owner shall be assessed as one property. Property lot size on record with the City Assessor shall be used in determining the square footage of properties. - “Class B” properties as defined in the BID Bylaws be assessed annually assessment of $0.02/sf with no assessment to exceed $1600. Contiguous properties with the same use and same owner shall be assessed as one property. Property lot size on record with the City Assessor shall be used in determining the square footage of properties. - Based on this assessment structure, approximately $22,457.44 will be expected to support services for businesses and property owners within the Lakeside BID during 2024-2026. - The assessment shall be placed on the 2024, 2025 and 2026 winter property tax bills. This is the final special assessment the BID is recommending. - The 2024-2026 Lakeside BID district, assessment rolls and collection methods were discussed at Lakeside BID Board meetings on April 12, 2023 and May 17, 2023. A resolution supporting the above recommendation was voted on at the May 17, 2023 Lakeside BID Board meeting. The vote result was as follows: 2024-26 BID Recommendation Vote: Recommendation approved 7-0 Member Yes No Abstention Motion/Support Absent Chair Mark X Support Flermoen Melanie Lyonnais X Ron Jenkins X Louise Hopson X Motion Kathy Fearnley X Dick Ghezzi X Andrea Chambers X Allen Serio X Jonathan Seyferth X Lakeside Business Improvement District Budget Recommendation & Explanation Date: May 17, 2023 To: Muskegon City Clerk/City Commission From: Lakeside Business Improvement District Board Budget Recommendation: This is a proposed budget for the Lakeside Business Improvement District for 2024-2026. Based on a two-tier assessment where “Class A” Properties pay $0.04/sf annually and “Class B” Properties pay $0.02/sf annually the Lakeside BID can expect to generate $22,457.44 during 2024. Property special assessments are capped at $1,600. Proposed 2024-2026 BID budgets 2023 BID Estimated Fund Balance $22,271.00 2024 Revenues 2024 BID Special Assessments $22,457.44 2024 Estimated CIA Revenues $10,538.00 Total Revenues $55,266.44 2024 Expenditures Snow removal ($26,880.00) Landscaping ($500.00) Marketing, promotion, events ($1,000.00) Holiday Decorations/ Streetscape ($3,500.00) *Contingency Not included Total ($31,880.00) 2024 BID Estimated Fund Balance $23,386.44 Budget Explanation: Snow removal: This is the largest item. Sidewalk snow removal current contract with Berry Ghezzi is in place for 2023-2024 and will be reviewed for the final two years. Landscaping: Materials to be provided for volunteer work. Marketing, promotion, events: The BID will have enough in this line item or the fund balance to assist for a summer or fall event. Holiday Decorations/ Streetscape: The BID will consider tree lighting and pole decorating for the holiday season. The 2024-2026 BID budget and work plan was approved by a vote of the BID Board on May 17, 2023. The BID board vote results were: 2024 BID Budget Vote: Recommendation Approved: Recommendation approved 7-0 Member Yes No Abstention Motion/Support Absent Chair Mark Flermoen X Melanie Lyonnais X Ron Jenkins X Motion Louise Hopson X Support Kathy Fearnley X Dick Ghezzi X Andrea Chambers X Allen Serio X Jonathan Seyferth X ADDRESS Name Parcel Number S/F Pr Assessing Amount Class 1950 LAKESHORE DR 1950 LAKESHORE DRIVE LLC 24-205-596-0004-20 15,060.50 $ 602.42 A 1983 LAKESHORE DR 1983 LAKESHORE LLC 24-205-635-0001-00 13,171.88 $ 526.88 A 2445 LAKESHORE DR BLAKE TOM/EVANS BLAKE 24-205-677-0005-00 8,712.00 $ 348.48 A 1991 LAKESHORE DR BTBG INVESTMENTS LLC 24-205-635-0002-00 40,617.80 $ 1,600.00 A 1700 LAKESHORE DR STAG PROPERTIES LLC 24-205-609-0002-00 26,400.00 $ 1,056.00 A 2182 LAKESHORE DR CENTRAL PAPER EMPLOYEES FCU 24-205-597-0017-00 37,644.29 $ 1,505.77 A 1794 LAKESHORE DR CROW INVESTMENTS LLC 24-205-594-0001-00 19,694.80 $ 1,600.00 A 1786 LAKESHORE DR CROW INVESTMENTS LLC 24-205-609-0013-00 6,210.00 $ 248.40 A 1756 LAKESHORE DR RAANS PROPERTIES LLC 24-205-609-0010-00 19,800.00 $ 792.00 A 2034 LAKESHORE DR DONE BACH LLC 24-900-251-1330-00 10,767.00 $ 215.34 B 1930 LAKESHORE DR SAMPLES GARY/LAUREEN F 24-900-251-4315-00 18,144.00 $ 725.76 A 2054 LAKESHORE DR FUNK EDWARD W TRUST 24-205-597-0004-00 8,600.00 $ 172.00 B 1732 LAKESHORE DR GARRETT LORIL 24-205-609-0007-00 8,750.00 $ 350.00 A 2020 LAKESHORE DR GAWKOWSKI PROPERTIES LAKESHORE LLC 24-205-596-0007-00 6,675.23 $ 267.01 A 2017 LAKESHORE DR GHEZZI RICHARD P 24-900-251-4237-00 8,170.80 $ 326.83 A 1812 LAKESHORE DR GHEZZI RICHARD A ESTATE 24-205-596-0001-00 19,386.00 $ 775.44 A 1937 LAKESHORE DR GHEZZI RICHARD P 24-205-627-0002-00 9,529.00 $ 381.16 A 2033 LAKESHORE DR WESTRA BRUCE 24-205-636-0001-00 7,425.00 $ 297.00 A 2341 LAKESHORE DR H2O ENTERPRISES LLC 24-205-664-0011-00 7,700.00 $ 308.00 A 1883 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0001-00 7,078.00 $ 283.12 A 1891 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0002-00 7,407.00 $ 296.28 A 2465 LAKESHORE DR M J BLAIS LLC 24-205-678-0001-02 16,665.00 $ 666.60 A 2565 LAKESHORE DR MOJI INC 24-900-251-0980-00 39,275.00 $ 1,571.00 A 1864 LAKESHORE DR PPJ INVESTMENTS LLC 24-900-251-5485-00 13,600.00 $ 544.00 A 1920 LAKESHORE DR CITY OF MUSKEGON 24-900-251-3938-00 344,124.00 $ 1,600.00 A 2080 LAKESHORE DR SHORELINE SERVICE INC 24-205-597-0005-00 16,920.00 $ 676.80 A 2009 LAKESHORE DR STEINBACH JOHN E ET AL 24-205-635-0006-00 5,321.00 $ 212.84 A 2167 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0004-00 3,825.00 $ 153.00 A 2173 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0005-00 4,165.00 $ 166.60 A 2187 LAKESHORE DR SWARVAR DANIEL C 24-205-641-0005-00 10,795.00 $ 431.80 A 1945 LAKESHORE DR THORSEN SHEILA P TRUST 24-205-627-0003-00 5,445.00 $ 217.80 A 1953 LAKESHORE DR SKEGON LLC 24-205-627-0004-00 8,170.80 $ 326.83 A 1831 LAKESHORE DR VERIZON INC 24-205-624-0001-00 12,556.00 $ 251.12 B 1927 LAKESHORE DR VF VENTURES LLC 24-205-627-0001-00 9,529.00 $ 381.16 A 1845 LAKESHORE DR VF VENTURES LLC 24-205-624-0003-00 19,272.00 $ 770.88 A 1595 LAKESHORE DR WASSERMAN PROPERTY 24-205-529-0004-00 8,976.00 $ 359.04 A 1965 LAKESHORE DR WILLIAM J GIBNER LLC 24-205-627-0005-00 8,167.00 $ 326.68 A 1878 LAKESHORE DR HRYNEWICH REED 24-205-596-0002-30 8,642.00 $ 345.68 A 2245 LAKESHORE DR MCCALL WENDY 24-205-658-0004-00 9,098.00 $ 363.92 A 1824 LAKESHORE DR HINTERMEISTER RENTALS 24-205-596-0001-10 4,240.00 $ 169.60 A 1910 LAKESHORE DR SAND DOCK PROPERTIES LLC 24-205-596-0003-20 6,105.00 $ 244.20 A Total 861,834.10 $ 22,457.44 Assessment Amount Class Amt per s/f A 0.04 B 0.02 Exhibit A ADDRESS Name Parcel Number S/F Pr Assessing Amount Class 1950 LAKESHORE DR 1950 LAKESHORE DRIVE LLC 24-205-596-0004-20 15,060.50 $ 602.42 A 1983 LAKESHORE DR 1983 LAKESHORE LLC 24-205-635-0001-00 13,171.88 $ 526.88 A 2445 LAKESHORE DR BLAKE TOM/EVANS BLAKE 24-205-677-0005-00 8,712.00 $ 348.48 A 1991 LAKESHORE DR BTBG INVESTMENTS LLC 24-205-635-0002-00 40,617.80 $ 1,600.00 A 1700 LAKESHORE DR STAG PROPERTIES LLC 24-205-609-0002-00 26,400.00 $ 1,056.00 A 2182 LAKESHORE DR CENTRAL PAPER EMPLOYEES FCU 24-205-597-0017-00 37,644.29 $ 1,505.77 A 1794 LAKESHORE DR CROW INVESTMENTS LLC 24-205-594-0001-00 19,694.80 $ 1,600.00 A 1786 LAKESHORE DR CROW INVESTMENTS LLC 24-205-609-0013-00 6,210.00 $ 248.40 A 1756 LAKESHORE DR RAANS PROPERTIES LLC 24-205-609-0010-00 19,800.00 $ 792.00 A 2034 LAKESHORE DR DONE BACH LLC 24-900-251-1330-00 10,767.00 $ 215.34 B 1930 LAKESHORE DR SAMPLES GARY/LAUREEN F 24-900-251-4315-00 18,144.00 $ 725.76 A 2054 LAKESHORE DR FUNK EDWARD W TRUST 24-205-597-0004-00 8,600.00 $ 172.00 B 1732 LAKESHORE DR GARRETT LORIL 24-205-609-0007-00 8,750.00 $ 350.00 A 2020 LAKESHORE DR GAWKOWSKI PROPERTIES LAKESHORE LLC 24-205-596-0007-00 6,675.23 $ 267.01 A 2017 LAKESHORE DR GHEZZI RICHARD P 24-900-251-4237-00 8,170.80 $ 326.83 A 1812 LAKESHORE DR GHEZZI RICHARD A ESTATE 24-205-596-0001-00 19,386.00 $ 775.44 A 1937 LAKESHORE DR GHEZZI RICHARD P 24-205-627-0002-00 9,529.00 $ 381.16 A 2033 LAKESHORE DR WESTRA BRUCE 24-205-636-0001-00 7,425.00 $ 297.00 A 2341 LAKESHORE DR H2O ENTERPRISES LLC 24-205-664-0011-00 7,700.00 $ 308.00 A 1883 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0001-00 7,078.00 $ 283.12 A 1891 LAKESHORE DR KORNDORFER PAUL R 24-205-625-0002-00 7,407.00 $ 296.28 A 2465 LAKESHORE DR M J BLAIS LLC 24-205-678-0001-02 16,665.00 $ 666.60 A 2565 LAKESHORE DR MOJI INC 24-900-251-0980-00 39,275.00 $ 1,571.00 A 1864 LAKESHORE DR PPJ INVESTMENTS LLC 24-900-251-5485-00 13,600.00 $ 544.00 A 1920 LAKESHORE DR CITY OF MUSKEGON 24-900-251-3938-00 344,124.00 $ 1,600.00 A 2080 LAKESHORE DR SHORELINE SERVICE INC 24-205-597-0005-00 16,920.00 $ 676.80 A 2009 LAKESHORE DR STEINBACH JOHN E ET AL 24-205-635-0006-00 5,321.00 $ 212.84 A 2167 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0004-00 3,825.00 $ 153.00 A 2173 LAKESHORE DR SWARVAR DANIEL C 24-490-000-0005-00 4,165.00 $ 166.60 A 2187 LAKESHORE DR SWARVAR DANIEL C 24-205-641-0005-00 10,795.00 $ 431.80 A 1945 LAKESHORE DR THORSEN SHEILA P TRUST 24-205-627-0003-00 5,445.00 $ 217.80 A 1953 LAKESHORE DR SKEGON LLC 24-205-627-0004-00 8,170.80 $ 326.83 A 1831 LAKESHORE DR VERIZON INC 24-205-624-0001-00 12,556.00 $ 251.12 B 1927 LAKESHORE DR VF VENTURES LLC 24-205-627-0001-00 9,529.00 $ 381.16 A 1845 LAKESHORE DR VF VENTURES LLC 24-205-624-0003-00 19,272.00 $ 770.88 A 1595 LAKESHORE DR WASSERMAN PROPERTY 24-205-529-0004-00 8,976.00 $ 359.04 A 1965 LAKESHORE DR WILLIAM J GIBNER LLC 24-205-627-0005-00 8,167.00 $ 326.68 A 1878 LAKESHORE DR HRYNEWICH REED 24-205-596-0002-30 8,642.00 $ 345.68 A 2245 LAKESHORE DR MCCALL WENDY 24-205-658-0004-00 9,098.00 $ 363.92 A 1824 LAKESHORE DR HINTERMEISTER RENTALS 24-205-596-0001-10 4,240.00 $ 169.60 A 1910 LAKESHORE DR SAND DOCK PROPERTIES LLC 24-205-596-0003-20 6,105.00 $ 244.20 A Total 861,834.10 $ 22,457.44 Assessment Amount Class Amt per s/f A 0.04 B 0.02 RESOLUTION APPROVING LAKESIDE BUSINESS IMPROVEMENT DISTRICT 2024-2026 City of Muskegon County of Muskegon, Michigan Resolution at First Hearing Creating Special Assessment District for The Lakeside Business Improvement District (BID) Location and Description of Properties to be assessed: RECITALS: 1. By resolution of the City Commission, a hearing has been held on September 12, 2023, at 5:30 p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information is on file with the City and have been reviewed for this hearing. 3. At the hearing held on September 12th, there were ___________ objections by the owners of the property in the city registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost, including all assessable expenses, and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property to be assessed in the district for downtown improvements and services. The City Commission determines that the assessments of costs of the City project will enhance the value of the property to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit and remove a burden from the property associated with the services and improvements to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include all of the property included in Exhibit A. 2. The City Commission determines to proceed with the special assessment. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners_____________________ and _____________________________ and the city Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon a benefit basis. 4. It is hereby determined that, based on the estimates of cost for services and improvements downtown, the City will levy a special assessment in the said district on “Class A” Properties, as defined in the BID Bylaws, for an annual assessment of $0.04/sf with no assessment to exceed $1,600 and “Class B” Properties, as defined in the BID Bylaws, for an annual assessment of $0.02/sf with no assessment to exceed $1,600 commencing with the Winter 2023 tax bill. 5. Upon Submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes________________________________________________________________________ Nays __________________________________________________________________________ CITY OF MUSKEGON By ________________________________ Ann Marie Meisch, City Clerk By ________________________________ Ken Johnson, Mayor CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on October 27th, 2020. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public acts of 1976, as amended and modified by the governor’s COVID-19 executive order and that the minutes of said meeting were kept and will be or have been made available as required by said Act. CITY OF MUSKEGON By ________________________________ Ann Marie Meisch, City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: September 12, Title: City ARPA Community Grant – Pioneer 2023 Resources, Inc. Submitted By: Jonathan Seyferth Department: Manager Brief Summary: To approve the City ARPA Community Grant proposal received from Pioneer Resources, Inc. Detailed Summary & Background: As part of the City’s ARPA Community Grant program, a proposal from Pioneer Resources, Inc. was received and included within the initial slate of 22 projects recommended for approval by the Commission. It was tentatively removed from the formal motion by the Commission at the August 7th Regular Meeting pending completion of conflict of interest documentation. Current City Commissioner Rachel Gorman is a former employee of Pioneer Resources, Inc. Ms. Gorman was not involved in Pioneer's decision to apply, involved in discussions with either City staff or Pioneer staff concerning this project or involved in the discussion or decision by the City Commission concerning Pioneer's grant proposal. Staff has sent notice to the U.S. Department of Treasury that the city has followed the requirements for a waiver of the conflict of interest pursuant to the City Charter and state law. We are requesting their concurrence with the City’s decision and waive any conflict. Goal/Focus Area/Action Item Addressed: Community Connection; Foster strong ties among government and community agencies. Amount Requested: $150,000 Budgeted Item: Yes No Fund(s) or Account(s): 482-901-982- Budget Amendment Needed: Yes No Recommended Motion: I move to approve the City ARPA Community Grant proposal received from Pioneer Resources, Inc., subject to receiving acknowledgement from the U.S. Department of Treasury that they concur with the City’s decision and waive any conflict. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review RATED PROJECT PROPOSALS (45) Total Pts Requested Recommended Funded $0.00 Organization Average $2,875,000.00 $1,600,000.00 AgeWell Services* 42.3 $25,000.00 $25,000.00 100.00% nonprofit 13 nonprofit's Every Woman's Place* 41.5 $120,000.00 $120,000.00 100.00% nonprofit (housing) 4 NA's MI Crossroads Council, BSA 40.2 $25,000.00 $25,000.00 100.00% non-profit (youth) 5 small businesses Samaritas 39.8 $250,000.00 $100,000.00 40.00% nonprofit (housing) 22 recommended NA McLaughlin 39.7 $250,000.00 $100,000.00 40.00% NA (youth) Seaway to Southern LLC 39 $50,000.00 $0.00 0.00% created after March 2020 NA Nelson Neighborhood Improvement Association* 38.7 $168,000.00 $100,000.00 59.52% NA (youth) West Michigan Concert WINDS 38 $50,000.00 $50,000.00 100.00% non-profit (youth) Pioneer Resources, Inc.* 37.3 $200,000.00 $150,000.00 75.00% nonprofit Volunteer for Dental* 37.2 $50,000.00 $50,000.00 100.00% nonprofit Muskegon Christian School 37.2 $175,000.00 $175,000.00 100.00% non-profit (youth) West Michigan Symphony 37 $200,000.00 $100,000.00 50.00% non-profit (youth) Unity Beauty Salon & Spa LLC* 36.3 $50,000.00 $50,000.00 100.00% small business Tiki Boiz LLC 36 $50,000.00 $50,000.00 100.00% small business Rake Beer Project LLC 35 $25,000.00 $25,000.00 100.00% small business Kids Food Basket* 34.8 $250,000.00 $100,000.00 40.00% non-profit (youth) Mount Zion Church of God in Christ 34.5 $37,000.00 $37,000.00 100.00% non-profit (youth) Boys and Girls Club* 34.3 $250,000.00 $50,000.00 20.00% non-profit (youth) Open Gates of Grace Ministries* 33.3 $250,000.00 $100,000.00 40.00% nonprofit (housing) Soul Filled Enterprises* 33.2 $100,000.00 $100,000.00 100.00% small business Servicios De Esperanza LLC* 33 $25,000.00 $25,000.00 100.00% small business Mediation & Restorative Services 31.7 non-profit (youth) Aldea Coffee LLC 31.3 small business HBCU Club of Muskegon LLC 30.8 small business MMA Foundation 30.5 nonprofit Forrest Tax & Accounting Services 30.5 small business NA Sheldon Park Neighborhood Improvement Association 30 $25,000.00 $8,000.00 32.00% NA 490 Bakery LLC 29.7 small business Viking Custom Canvas 29.4 small business Fresh Coast Alliance 28.8 nonprofit Central United Methodist Church 27.7 nonprofit NA Jackson Hill* 27.3 $250,000.00 $60,000.00 24.00% NA Muskegon Retirement Apts, Inc dba Jefferson Towers 26.5 nonprofit (housing) Stand Up Speak Out 25.2 non-profit (youth) Linda E. Dennie-Malone Community Center 23.5 nonprofit Muskegon YMCA 23 nonprofit Embrace Muskegon_Books 21.2 small business USS Silverside Submarine Museum 20.6 nonprofit Bethany Christian Services 16.3 nonprofit Elite Fine Foods and Catering 14 small business NOTE* - women- and minority owned business/org NOTE - The Review Committee established a "cut off" line of funding 5|Page between the Servicios De Esperanza LLC & Mediation and Restorative Services projects. It was at that point where there was more than (1) point of separation between applicant scores. Pioneer Resources, Inc. Project Name Pioneer Resources Walking Path in the Marquette Neighborhood Requested $200,000 Total Project Cost $209,690.00 Executive Summary Pioneer Resources owns property at 1145 and 1175 East Wesley Street. This property is west of US 31 and borders ten acres of unused green space owned by the City of Muskegon. Both the City’s and Pioneer Resources’ properties border two acres in this area that are often the site of discarded tires and other large pieces of castoff garbage. The Pioneer Resources front-facing three acres of property currently houses program site buildings for services for seniors, youth diagnosed with Autism and Adults with varying disabilities. Our agency is requesting ARPA grant to support the development of a paved, accessible, community walking path with quiet resting points and seating along the walkway that will bring residents through the wooded, hillside of the unused green space on the back two acres of the Pioneer Resources’ Property that meets the City of Muskegon’s unused wooded area. This paved walking path could potentially connect with the existing paved path that goes through Ryerson Creek. This walking path would offer an immersion into nature, peaceful strolls, and a place for exercise. Our agency hopes to invite our community to utilize this walkway and join in creating natural gardens along the paths that are accessible to all. Further, our agency would encourage the path to be utilized by those who have dogs with our intent to provide path accessories that include dog waste bags and collection receptacles. Creating opportunities for community is the mission of our organization and we feel the accessibility of this effort will benefit many while creating a wonderful ability to preserve this green space for our community. According to the US Census Bureau, Muskegon County has 19,000 residents with disabilities under the age of 65. If you include those over 65 it would include another 29,000 residents. Accessibility is key in meeting the needs of these 48,000 residents. Community is critical to our Culture at Pioneer Resources and this project can meet the needs to improve the unused property and create a benefit to 48,000 County residents. This project will improve the value of these properties and local properties while creating a way that all members of the community can come together in an accessible space where nature is the focus. Purpose of Grant Creating opportunities for participation in the community for the participants and seniors is the mission of Pioneer Resources. This project will not only provide an accessible opportunity for participation for residents in the City of Muskegon, but also help preserve this green space in the City. 42 | P a g e The participants served by Pioneer Resources and the residents in the Marquette Neighborhood need more outdoor recreational options and this is the target population this grant request aims to serve. Currently, the only parks and recreational opportunities in this neighborhood are Beukema Playfield, Ryerson Creek, and Fourmile Creek and at this time there are not any immediate additions included in the City of Muskegon Parks and Recreation 5 Year Plan. The proposed walking trail would address the gap between the limited recreational offerings presently available in the Marquette Neighborhood and the desire for more recreational options and connecting existing sidewalks walking route options. Pioneer Resources is dedicated to working in partnership with the City of Muskegon to oversee the construction and production of this walking path. Our administrative staff is dedicated to maintain records of grant funding and to produce reporting to accurately reflect grant fund spent for the project that can be available to the public. Our qualified staff has capacity to help oversee the construction of the path. Once completed, our agency is committed to leading the efforts from our agency and with the neighborhood association to maintain that the path is clean, clear, and accessible. Participants of Pioneer Resources’ Senior Services, Leisure and Recreation Club, Community Living Support Services, and Applied Behavior Analysis Programs will directly benefit from access to this walking trail. Although these services are accessed through our agency, Pioneer Resources works in partnership with HealthWest, LifeCircles PACE, Michigan Rehabilitation Services, the MAISD, and Senior Resources to provide these services and these partners would be invited and encouraged to utilize this walking path for their programming! The Community Foundation for Muskegon County has granted the agency with $7,351 to support this project from the William Munroe Memorial Friends of the Disabled Fund. Pioneer Resources recognizes the various walking trails and recreational opportunities throughout the City of Muskegon that add to the incredible quality of life for those that work and live in the City! Our agency views this new walking trail as a welcome addition to these important offerings and we hope it highlights the Marquette Neighborhood that does not currently have as many recreational parks and offerings as other neighborhoods within the City. Additionally, if this project moves forward, we are excited for the opportunity to utilize the new Parks and Recreation Advisory Committee to explore opportunities to promote and support this new walking trail cooperatively alongside the other walking paths and recreational amenities in the City of Muskegon. Renovations are underway at Pioneer Resources’ Wesley Campus to bring all administrative teams to the Marquette Neighborhood and to restructure all primary services that have remained at this location the City of Muskegon. These renovations have been in progress since 2022 and despite the expected interruptions from an active construction site at the Wesley Campus, there was no interruption of services provided to over 300 participants location during the last year. Pioneer Resources currently employs over 150 full time employees who, after construction, will all begin utilizing these renovated administrative offices at Wesley. In addition to the nearly 500 people mentioned from our agency, this walking path would be beneficial to the nearly 3,000 residents in the Marquette Neighborhood. This is a wonderful part of the City of Muskegon with many natural resources that can be better accessed with this walking path while supporting a healthy lifestyle to those mentioned. 43 | P a g e Pioneer Resources is committed to offering the utilization of the agency’s maintenance team to regularly monitor the walking path and path accessories for any needed repair, conservation, and safety. Following the end of the grant period, our agency anticipates minimal costs related to the walking path maintenance. The capital needed to construct the walking path is the greatest financial need for this project. Those living with a disability are regularly disproportionately supported in our community. Pioneer Resources works each day to provide opportunities for these individuals to participate in life alongside each of us with dignity and empowerment to help them reach their personal goals. During the COVID-19 pandemic, this population was disproportionately impacted and continues to still be more severely impacted post-pandemic. Although protections and restrictions are coming to an end, this population still needs greater protections than the general public from COVID-19 from our team that works with them each day. This Walking Path project provides an accessible opportunity for them to gain recreation in their communities that is safe and naturally integrates with those that live and work in the Marquette Neighborhood. Evaluation Pioneer Resources is committed to supporting efforts alongside the City of Muskegon to evaluate the use and satisfaction of the proposed walking path! Tracking the number of people utilizing the walking path during the first year will be critical in building the foundation of data to benchmark to in succeeding years. Ideally, we would present this data to the Marquette Neighborhood Association and Parks and Recreation Advisory Committee to promote the walking path and its use. These presentations would also offer constituents the opportunity to provide feedback about the walking path. Further, signage opportunities along the walking path could allow for options for users to provide feedback all year and for an annual survey. Budget Narrative/Justification The Grant Budget reflects the costs associated to the Walking Path construction and path accessories. The Grant Budget Plan details how each budget items relates to the Walking Path and where how the listed costs were calculated. The Community Foundation for Muskegon County has granted the agency with $7,351 to support this project from the William Munroe Memorial Friends of the Disabled Fund. The priority of items listed in the proposed budget is first the walking path construction and then the path accessories. 44 | P a g e Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 9/12/2023 Title: Master Plan Adoption Submitted By: Mike Franzak Department: Planning Brief Summary: Request to approve the resolution adopting the new master plan. Detailed Summary & Background: The plan can be viewed here. The Planning Commission unanimously recommended approval of the plan at their August 31 special meeting. Goal/Focus Area/Action Item Addressed: Goal 1: Destination Community & Quality of Life Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the resolution for the adoption of the Master Plan and Future Land Use Map as presented. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review CITY OF MUSKEGON RESOLUTION #2023- RESOLUTION TO ADOPT AN AMENDED MASTER PLAN WHEREAS, The Michigan Planning Enabling Act (MPEA) authorized the Planning Commission to prepare a Master Plan for the use, development and preservation of all lands in the City; and WHEREAS, the Planning Commission prepared a proposed updated Master Plan and Future Land Use Map and submitted the plan to the City Commission for review and comment; and WHEREAS, on June 27, 2023, the Muskegon City Commission received and reviewed the proposed Master Plan prepared by the Planning Commission and authorized distribution of the Master Plan to the Notice Group entities identified in the MPEA; and WHEREAS, notice was provided to the Notice Group entities as provided in the MPEA; and WHEREAS, the Planning Commission held a public hearing on August 31, 2023 to consider public comment on the proposed updated Master Plan, and to further review and comment on the proposed updated Master Plan; and WHEREAS, the Muskegon City Commission finds that the proposed updated Master Plan is desirable and proper and furthers the use, preservation, and development goals and strategies of the City; and THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: 1. Adoption of 2023 Master Plan. The Muskegon City Commission hereby approves and adopts the proposed 2023 Master Plan, including all of the chapters, figures, maps and tables, and the Future Land Use Map as revised, contained therein. 2. Distribution to Notice Group. The Muskegon City Commission approves the Master Plan as presented and approves the distribution of the adopted plan to the Notice Group. 3. Finding of Fact. The Muskegon City Commission has made the foregoing determination based on a review of existing land uses in the City, a review of the existing Master Plan provisions and maps, input received from the Planning Commission and public hearing, and with the assistance of City staff, and finds that the updated Master Plan will accurately reflect and implement the City’s goals and strategies for the use, preservation, and development of lands in Muskegon. 4. Effective Date. The Master Plan shall be effective as of the date of adoption of this resolution. Adopted this 12th day of September 2023 Ayes: Nays: Absent: By: Ken Johnson Mayor Attest: Ann Meisch Clerk, City of Muskegon
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