City Commission Packet 04-11-2017

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     CITY OF MUSKEGON
      CITY COMMISSION MEETING
           APRIL 11, 2017 @ 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 AND AWARDS:
□    INTRODUCTIONS/PRESENTATION:
     A. Lumberjacks Charitable Foundation Presentation by Jay Vanvoorde
□    CITY MANAGER’S REPORT:
□    CONSENT AGENDA:
     A. Approval of Minutes City Clerk
     B. Fireworks Display Permit for Muskegon Country Club City Clerk
     C. Fireworks Display Permit for Heritage Landing City Clerk
     D. 2017 CDBG/Home Budget Recommendations Community and
        Neighborhood Services
     E. Special Event Request – Catamaran Racing Association of Michigan
        (CRAM) Request to allow overnight camping at Pere Marquette Park (in
        conjunction with their annual Catamaran Sailing regatta Planning
     F. Lease Proposal for MACkite Kiteboarding School at Pere Marquette
        Park Department of Public Works
     G. Intake Inspection    Water Filtration-DPW
     H. West Sludge Pump Replacement Water Filtration – DPW
     I. High Service Pump #4 Valve Replacement        Water Filtration – DPW

                                      Page 1 of 3
      J. Auxiliary #7 Low Service Pump Rebuild Water Filtration – DPW
      K. Alum Sludge Removal         Water Filtration – DPW
      L. 2017/18 Water Treatment Sodium Hypochlorite Bids Water Filtration –
         DPW
      M. Amendment to the Zoning Ordinance – R-1, Single Family Districts
         SECOND READING     Planning & Economic Development
      N. Amendment to the Zoning Ordinance – R-2 and R-3 Districts
         SECOND READING Planning & Economic Development
      O. Amendment to the Zoning Ordinance – Preamble & Sections 400 & 404
         SECOND READING Planning & Economic Development
      P. Request to add Parcels to the City’s Existing Groundwater Ordinance –
         Burgess-Norton SECOND READING Planning & Economic Development
      Q. Request to add Parcels to the City’s Existing Groundwater Ordinance –
         Ambrosia Street SECOND READING            Planning & Economic
         Development
      R. Consideration of Bids for: Resurfacing of Glenside from Sherman to
         Glen    Engineering
□   PUBLIC HEARINGS:
      A. Public Hearing – Request to Establish an Obsolete Property District –
          1121 3rd Street Planning & Economic Development
      B.   Public Hearing – Request to issue an Obsolete Property Certificate –
           Square Two Development, LLC       Planning & Economic Development
      C. Public Hearing – Request to Create a New Neighborhood Enterprise
         Zone District at 351 W. Western Avenue Planning & Economic
         Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
      A. City-County Cooperative Agreement             City Manager
      B. Comprehensive Settlement and Termination Agreement with Burgess-
         Norton Planning & Economic Development
      C. Restrictive Covenant for Certain City-Owned Parcels Planning &
         Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:


                                         Page 2 of 3
►      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- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 3 of 3
Memorandum
To:    Mayor and Commissioners

From: Frank Peterson

Re:    City Commission Meeting

Date: April 11, 2017

Here is a quick outline of the items on our agenda(s):

WORK SESSION

1.     We will discuss a proposed bee ordinance.
2.     We will discuss the proposed Neighborhood Empowerment Program, which is focused on
       giving neighborhood groups more resources to invest in activities that improve their
       neighborhoods.
3.     Under other business, I’ll take a few moments to go over any questions/concerns that
       Commissioners may have on the regular meeting agenda.

REGULAR MEETING

1.     Under Introductions/Presentations, we will have a presentation from the Lumberjacks
       Charitable Foundation (represented by Jay Vanvoorde). They will be talking about all of
       the good things the Jacks are doing in the community outside of hockey.
2.     Under the consent agenda, we are asking the Commission for approval of the following:
       a. Last meeting’s minutes.
       b. A request for a fireworks display permit for the Muskegon Country Club. Their
            fireworks display is scheduled for July 2, 2017.
       c. A request for a fireworks display permit for the Rock Stock (Heritage Landing). Their
            fireworks display is scheduled for July 4, 2017.
       d. The 2017 CDBG/HOME Budget Allocations. These allocations are approved annually
            with advice/recommendations from staff and the Citizen’s District Council. The CDC
            did not have a quorum at their last meeting, but the approval cannot wait for another
            meeting to be scheduled.
       e. Overnight camping as part of the Annual CRAM sailing regatta. We are asking for
            permission to issue this approval from a staff-level going forward.
       f. Lease proposal for MACkite Kiteboarding School at Pere Marquette Park.
     g.  Agreement to inspect the intake for the Water Filtration Plant. The low bid was
         supplied by Great Lakes Dock & Materials. The cost is $62,161.
     h. Agreement to replace of the West Sludge Pump at the Water Filtration Plant. The low
         bid was supplied by Franklin-Holwerda Company. The cost is $25,868.
     i. Agreement to replace the valve on high service pump #4 at the Water Filtration Plant.
         The low bid was supplied by Northern Boiler and Mechanical. The cost is $70,700.
     j. Agreement to rebuild Auxiliary #7 Low Service Pump at the Water Filtration Plant.
         The low bid was supplied by Professional Pump, Inc. The cost is $12,835.
     k. Agreement to remove and dispose of 1200 tons of Alum Sludge at the Water
         Filtration Plant. The two bids supplied by Ottawa County Farms Landfill and Cordes
         Trucking were for $20/ton and $11.20/ton, respectively. The total cost is $37,440 for
         the removal and disposal, as follows: $24,000 to Ottawa County Farms Landfill and
         $13,440 to Cordes Trucking.
     l. Agreement to supply sodium hypochlorite for the water filtration plant. The low bid
         was supplied by Alexander Chemical. The cost is $136.60 per ton and $0.68 per
         gallon, with an estimated total cost for the year of $62,836 (based on typical usage).
     m. Second reading for zoning changes to R-1 Single Family Residential Districts to
         accommodate smaller building lots.
     n. Second reading for zoning changes to R-2 and R-3 Residential Districts to
         accommodate smaller building lots.
     o. Second reading for zoning changes to the Preamble and Sections 400 and 404 to
         accommodate smaller building lots.
     p. Second reading to add parcels to the City’s Groundwater Ordinance (Burgess-Norton
         contamination).
     q. Second reading to add parcels to the City’s Groundwater Ordinance (Ambrosia Street
         contamination).
     r. Consider bids for Resurfacing of Glenside. Staff recommends awarding the contract
         to McCormick Sand, the lowest responsible bidder.
3.   Under Public Hearings:
        a. Establishment of an Obsolete Property District at 1121 3rd Street. The owner is
             planning improvements to the structure to provide retail space.
        b. Issue the certificate associated with the district created at 1121 3rd Street.
        c. A Public Hearing regarding the creation of a Neighborhood Enterprise Zone District
             at 351 West Western Avenue to accommodate the planned 6-story building.

4.   Under new business, we will be asking the Commission to approve the following:
        a. A contractual agreement with Muskegon County to share an Economic
           Development Coordinator. The position is currently held by Jonathan Wilson, and
             he will undertake some of the duties previously assigned to the Planning and
             Economic Development Director.
          b. Comprehensive settlement and Termination Agreement with Burgess-Norton
             related to known groundwater contamination. This agreement should bring to
             close the existing letter of understanding between the City and Burgess-Norton
             related to how they were to address the known groundwater contamination.
          c. Authorization of a restrictive covenant for certain city-owned parcels.

Let me know if you have any questions/comments/concerns
Date:     April 4, 2017
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the March 28, 2017
Regular City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
    CITY OF MUSKEGON
      CITY COMMISSION MEETING
          MARCH 28, 2017 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440

                                 MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, March 28, 2017. Pastor
Matthew Sharpe, Evanston Avenue Baptist Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:    Mayor Stephen J. Gawron, Vice Mayor Hood, Commissioners Ken
Johnson (arrived at 5:35 p.m.), Debra Warren, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Meisch.
Absent:     Commissioner Byron Turnquist
2017-24     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the March 2, 2017 Goal Setting
Meeting, the March 13, 2017 Worksession Meeting, and the March 14, 2017
Regular City Commission Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
      C. Permanent Traffic Control Order – Removal of “STOP” and “YIELD” signs
         at Harvey Street and install permanent “STOP” signs at Keating Avenue,
         per Traffic Control Order #31-(2017).   DPW
SUMMARY OF REQUEST: Authorize removal of “STOP” and “YIELD” signs at
Harvey Street and install permanent “STOP” signs at Keating Avenue, per Traffic
Control Order #31-(2017).
FINANCIAL IMPACT:       Cost of removing signs, installing signs/posts, if
approved.

                                         Page 1 of 10
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:           Authorize DPW staff to remove “STOP” and
“YIELD” signs at Harvey Street and install “STOP” signs at Keating Avenue, per
Traffic Control Order #31-(2017).
      D. Aggregates, Highway Maintenance Materials and Concrete            DPW
SUMMARY OF REQUEST:
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to
Great Lakes Chloride
Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.
Award bid to supply Sylvax patching material to Unique Paving Materials
Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products
Award bid for crack sealant to Sherwin Industries
Award bid to supply M1/32FA limestone chip blend to Verplank Trucking
Company
Award bid to supply road slag to Verplank Trucking Company
Award bid to supply road gravel to Verplank Trucking Company
Award bid to supply 2NS sand to Yellow Rose Transport
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply Fill Sand to Accurate Excavators
Award bid to supply 7-sack mix concrete to Port City Redi-Mix
FINANCIAL IMPACT:        $451,329.00
BUDGET ACTION REQUIRED:        None; funds appropriated in several budgets.
STAFF RECOMMENDATION:          Recommend approval of bids as outlined in
Summary of Request.
      F. Replace High Service Pump Load Center at Water Filtration Plant Water
         Filtration – DPW
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Newkirk
Electric, Inc. to replace the High Service Pump Load Center Switch that powers
the pumps providing water to the City. Newkirk Electric has performed all recent
repairs to this equipment including the recent failure repairs over the past
couple of years. Newkirk will provide the necessary labor, material, and
equipment to perform the necessary replacement as well as proper disposal of
old equipment.
Newkirk is being recommended due to their locality (City of Muskegon),
familiarity with the plant, and experience in high voltage.

                                         Page 2 of 10
FINANCIAL IMPACT:         $27,188.00
BUDGET ACTION REQUIRED:          This item is budgeted in 2017.
STAFF RECOMMENDATION:       Authorize staff to hire Newkirk Electric out of
Muskegon to replace the Load Center Switch for the HSP for $27,188.
      I. Amendment to the Zoning Ordinance – R-2 and R-3 Districts
         Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Article IV (R-1, Single
Family Residential Districts) to create two new categories for single family
districts. These will include R-2, Single Family Medium Density Residential Districts
and R-3, Single Family High Density Residential Districts.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment with two members
absent.
                    ~SECOND READING REQUIRED~
      J. Amendment to the Zoning Ordinance – Preamble & Sections 400 & 404
         Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Article IV (R-1, Single
Family Residential Districts) to amend the preamble to reflect the changes
made by adding the new residential districts; to amend Sections 400 (Principal
Uses Permitted) to create the allowed and special uses permitted in the new
residential districts; and to amend Section 404 (Area and Bulk Requirements) to
create the development standards for the new residential districts.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment, with two members
absent.
                    ~SECOND READING REQUIRED~
      K. 245, 255, and 285 West Western Avenue City Manager
SUMMARY OF REQUEST: This 4th Amendment to the Development Agreement is
requested by Parkland Properties. The purpose of the agreement is to provide
an additional 2 months of time to finish the project.

                                           Page 3 of 10
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the amendment and authorize the
Mayor to sign.
      L. Brownfield Development Agreement Between Pure Muskegon , LLC
         and the City of Muskegon for Windward Pointe MDEQ Grant (Stack
         Demo) Planning & Economic Development
 SUMMARY OF REQUEST: The City, to encourage Pure Muskegon, LLC to proceed
with the purchase of the former Sappi property (Windward Pointe), applied for
and received a Brownfield Grant in the amount of $1 million to offset the eligible
Stack Demolitions costs on the site. The costs for the stack demolition are
expected to be between $1.3 Million and $1.6 Million. The Development
Agreement includes the terms of grant implementation. The Brownfield Grant
Funds will be available to reimburse the Property Owner (Pure Muskegon, LLC)
for the stack demolition costs, in accordance with the terms, conditions and
limitations of the grant agreement. The City will disburse the Brownfield Grant
Funds and will contract with a separate Grant Manager for Grant oversight
(including preparation of reports to MDEQ).
FINANCIAL IMPACT:         The City will receive the MDEQ Grant in the amount of
$1 Million, on a reimbursement basis and the funds will be distributed to the
Property Owner as Grant eligible activities are undertaken.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:       To approve the “Brownfield Development
Agreement” and authorize the Mayor to sign.
      M. MDEQ Grant Administration Proposal – Lakeshore Environmental, Inc.
         for Windward Pointe MDEQ Grant (Stack Demo)       Planning &
         Economic Development
SUMMARY OF REQUEST: Staff is recommending that Lakeshore Environmental,
Inc. be retained to provide MDEQ Grant Administration services for the MDEQ
Brownfield Grant. As part of the Brownfield Development Agreement between
the City of Muskegon and Pure Muskegon, LLC, MDEQ grant funds may be paid
for consultants to administer the grant (with fees not to exceed $30,000). Since
Lakeshore Environmental, Inc. has been involved with the Windward Pointe site
for several years (as well as other brownfield sites), they are qualified to conduct
the Grant Administration activities. These activities include completion of
quarterly reports, submittal of contractor invoices for reimbursement, monthly
progress meetings, communications with MDEQ staff, project team and
contractors and completion and submittal of a final project summary to the
MDEQ. Lakeshore Environmental, Inc. will coordinate with City staff to ensure all
the requirements of the MDEQ Grant are met.

                                          Page 4 of 10
FINANCIAL IMPACT:        The City will pay Lakeshore Environmental, Inc. up to
$30,000 for these administrative activities, through the MDEQ Grant Funds.
BUDGET ACTION REQUIRED:        None.
STAFF RECOMMENDATION:        To approve the “MDEQ Grant Administration
Proposal” and authorize the Mayor to sign.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the consent agenda as presented, minus items B, E, G, and H.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
2017-25      ITEMS REMOVED FROM THE CONSENT AGENDA:
      B. Muskegon YMCA Summer Recreation Program Planning & Economic
         Development
SUMMARY OF REQUEST: The City of Muskegon is recommending approval of the
Agreement with the Muskegon YMCA for the management of the 2017
“Summer in the City” Recreation Program. For six years the program has
provided “a structured environment of activities promoting health, confidence,
respect, and responsibility for over 600 kids in an environment where they can
feel safe and secure.”
This Agreement is consistent with the memo sent to the City Commission by the
Director of Community & Economic Development in December 2016. The
anticipated total cost of the program for 2017 in the City of Muskegon is
$154,553. It is proposed that the City provide $20,000 towards the program’s
management for 2017.
FINANCIAL IMPACT:   The funding will be disbursed from the 2017-2018
Community Development Block Grant/Leisure Services Fund.
BUDGET ACTION REQUIRED:        None at this time.
STAFF RECOMMENDATION:          To approve the Muskegon YMCA Summer
Recreation Program request.
Motion by Commissioner Warren, second by Commissioner Johnson, to approve
the Muskegon YMCA Summer Recreation Program request.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES


                                        Page 5 of 10
      E. Jay-Boards Rental/Lessons Business Contract for City of Muskegon
         Parks   DPW
SUMMARY OF REQUEST: Staff is asking permission to enter into a 3-year
contractual agreement with Jason Gorski of Jay-Boards at Pere Marquette
Beach and Harbor Towne Beach, located within the City of Muskegon, for
Stand-up Paddleboard Rentals/Lessons.
FINANCIAL IMPACT:        Contract Revenue will be 10% of gross receipts, per
Contract Agreement.
BUDGET ATCTION REQUIRED:        None.
STAFF RECOMMENDATION:        Authorize DPW staff to enter into a 3-year
contractual agreement with Jason Gorski of Jay Boards for 2017, 2018, and 2019.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to authorize DPW Staff to enter into a 3-year contractual agreement with Jason
Gorski of Jay Boards for 2017, 2018, and 2019.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Warren, and
           German
            Nays: None
MOTION PASSES
      G. Emergency Response Plan (updated)         Public Safety
SUMMARY OF REQUEST: The City of Muskegon has elected to be incorporated
into the Muskegon County Emergency Management Program. By becoming
part of the county emergency management program, the City of Muskegon
and the County of Muskegon have certain responsibilities to each other. This
Support Emergency Operations Plan has been developed to identify the
responsibilities between the City of Muskegon and the County of Muskegon in
regards to pre-disaster emergency management activities.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the resolution as presented.
Motion by Commissioner Warren, second by Commissioner German, to approve
the Emergency Management Resolution.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES



                                        Page 6 of 10
      H. Amendment to the Zoning Ordinance – R-1, Single Family Districts
         Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend Article IV (R-1, Single
Family Residential Districts) to rename it R-1, Single Family Low Density Residential
Districts.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the ordinance amendment, with two members
absent.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to amend the Zoning Ordinance – R-1, Single Family Districts.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, and Rinsema-
           Sybenga
             Nays: None
MOTION PASSES
                          ~SECOND READING REQUIRED~
2017-26      PUBLIC HEARINGS:
      A. Public Hearing for Brownfield Plan Amendment and Development and
          Reimbursement Agreement for Windward Pointe Redevelopment
          Project Planning & Economic Development
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting the amendment to the Brownfield Plan and to
approve the Development and Reimbursement Agreement. The amendments
are for property owned by Pure Muskegon, LLC.
FINANCIAL IMPACT:           Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of the Windward Pointe project. Pure Muskegon, LLC cost for the
development of the property is approximately $200 Million in private investment,
resulting in a substantial increase in the local and school taxes generated by the
property.
“Eligible Expenses” would be reimbursed starting in 2019. The estimated tax
capture and payment schedule is included as Table 2 in the proposed
Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed (estimated
to be in 2040), the BRA is authorized to continue to capture local taxes for five

                                          Page 7 of 10
more years for deposit into a Local Site Remediation Revolving Fund.
The Development and Reimbursement Agreement provides the structure for the
capture of taxes and the reimbursement to Pure Muskegon for eligible expenses.
BUDGET ACTION REQUIRED:       None.
STAFF RECOMMENDATION:          To hold a public hearing for approval of the
Brownfield Plan Amendment for the Pure Muskegon Redevelopment Project
and approve the resolution and authorize the Mayor and Clerk to sign the
resolution, and to approve the Development and Reimbursement Agreement
between Pure Muskegon, LLC, the City of Muskegon, and the City of Muskegon
Brownfield Redevelopment Authority.
COMMITTEE RECOMMENDATION:             The Muskegon City Commission set the
public hearing for March 28, 2017 at the February 28, 2017 meeting. Since that
time, a notice of the public hearing has been sent to taxing jurisdictions. In
addition, the Brownfield Redevelopment Authority approved the Plan
amendment and the Development and Reimbursement Agreement on
February 16, 2017 and recommends that the Muskegon City Commission
approve the Plan amendment and Development and Reimbursement
Agreement.
PUBLIC HEARING COMMENCED:             No public comments were received.
Motion by Commissioner Johnson, second by Commissioner German, to close
the public hearing and approve the Brownfield Plan Amendment for the Pure
Muskegon Redevelopment Project and approve the resolution and authorize the
Mayor and Clerk to sign the resolution, and to approve the Development and
Reimbursement Agreement between Pure Muskegon, LLC, the City of Muskegon,
and the City of Muskegon Brownfield Redevelopment Authority.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga, and
           Johnson
            Nays: None
MOTION PASSES
2017-27     NEW BUSINESS:
      A. Request to add Parcels to the City’s Existing Groundwater Ordinance –
          Burgess-Norton     Planning & Economic Development
SUMMARY OF REQUEST: The City has received a petition from Burgess-Norton
Manufacturing Company, Inc. to designate 711 parcels under the water
supplies ordinance. These parcels are associated with the former Standard
Automotive Parts Company at 660 Nims Street. The ordinance prohibits the use
of groundwater wells and secondary water supplies under certain
circumstances and in certain locations, to prevent exposure to contaminated
groundwater, as well as to prevent wells from influencing the movement of

                                        Page 8 of 10
contaminated water. Notice was sent to the affected addresses prior to this
meeting.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:          Approval of the ordinance amendment to
include the additional 711 parcels.
Motion by Commissioner Johnson, second by Commissioner Warren to approve
the ordinance amendment to include the additional 711 parcels.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Johnson, and
           Gawron
             Nays: None
MOTION PASSES             ~SECOND READING REQUIRED~
      B.   Request to add Parcels to the City’s Existing Groundwater Ordinance –
           Ambrosia Street    Planning & Economic Development
SUMMARY OF REQUEST: The City has received a petition from the Michigan
Department of Environmental Quality to designate 511 parcels under the water
supplies ordinance. The Ambrosia Street area groundwater contamination was
discovered by sampling conducted by the environmental consultant Arcadis of
Michigan, LLC for the Burgess-Norton site in 2013. During that work Arcadis not
only defined the extent of the contamination plume coming from the Burgess-
Norton site, but also identified three other plumes of chlorinated contamination.
The ordinance prohibits the use of groundwater wells and secondary water
supplies under certain circumstances and in certain locations, to prevent
exposure to contaminated groundwater, as well as to prevent wells from
influencing the movement of contaminated water. Notice was sent to the
affected addresses prior to this meeting.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:          Approval of the ordinance amendment to
include the additional 511 parcels.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga to
approve the ordinance amendment to include the additional 511 parcels.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Johnson, Gawron, and
           Hood
             Nays: None
MOTION PASSES             ~SECOND READING REQUIRED~


                                        Page 9 of 10
      C. Request to Create a New Neighborhood Enterprise Zone District at 285
         W Western Avenue Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 147 of the Michigan Public Acts
of 1992, Parkland Muskegon, LLC has requested to create a new Neighborhood
Enterprise Zone (NEZ) district for the parcel at 285 W Western Avenue. Properties
located in this NEZ district will be eligible to apply for NEZ certificates, which will
freeze the taxable value for residential construction. A public hearing was held
on this matter at the City Commission meeting on June 28, 2016. This project will
include 47 apartments and two floors of commercial space. The NEZ will only
affect the residential component of the project.
FINANCIAL IMPACT:           No financial impact at this point. However, being in a
district will allow them to apply for a rehab NEZ certificate, which will freeze the
residential taxable value at its pre-rehabilitated rate for 1 to 15 years.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:            Staff recommends approval of the new NEZ
district.
Motion by Commissioner Warren, second by Commissioner Johnson to approve
the new NEZ District at 285 W. Western Avenue.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, Hood, and
           Warren
             Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: No public comments were received.
ADJOURNMENT:        The City Commission Meeting adjourned at 6:30 p.m.




                                               Respectfully Submitted,




                                               Ann Marie Meisch, MMC, City Clerk




                                           Page 10 of 10
Date:      April 4, 2017
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Fireworks Display Permit for Muskegon Country
           Club




SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display permit for July 2, 2017, at the Muskegon
Country Club, 2801 Lakeshore Drive. The fire marshall will inspect the
fireworks on the day of the event.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
Date:      April 4, 2017
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Fireworks Display Permit for Heritage Landing




SUMMARY OF REQUEST: Night Magic is requesting approval of a
fireworks display permit for July 4, 2017, at the Heritage Landing. The
fire marshall will inspect the fireworks on the day of the event.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
                                                                                                                       2017 Staff
CDBG Organization/Agency     Activity                                        2016 Budget     2017 Proposed<3%          Proposed
COM - Affirmative Action     Affirmative Action**                                  $10,000   $         9,700.00    $       9,700.00
COM - Affirmative Action     Youth Opportunities/Summer Internships                     $0   $              -
COM - CNS                    CDBG Admin **                               $     167,332.00    $       162,312.04    $     162,312.00
COM - CNS                    Priority Home Repair                                 $235,790   $       228,716.46    $     201,699.14
COM - CNS                    Services Delivery                                     $75,000   $        72,750.00           $72,750.00
COM - CNS                    Vinyl Siding                                          $50,000   $        48,500.00           $48,500.00
COM - CNS                    Target Neighborhood                                        $0   $              -
COM - CNS                    Neighborhood Grants                                        $0   $              -
COM - Finance                Fire Station Bond Repayment                          $133,540   $       129,533.64          $133,401.00
COM - Inspections            Dangerous Bldgs - Demolition                          $50,000   $        48,500.00           $48,500.00
COM - Inspections            Dangerous Bldgs - Board-Ups                           $10,000   $         9,700.00            $9,700.00
COM - Leisure Services       Youth Recreation*                                     $70,000   $        67,900.00           $95,000.00
COM - Planning               Code Enforcement                                      $50,000   $        48,500.00           $48,500.00
Love INC - Ramps             Special Projects/Community Based Org.*                     $0   $              -
Love INC - Utility AssistanceSpecial Projects/Community Based Org *                     $0   $              -
COM - Engineering            Streets                                               $35,000   $        33,950.00           $30,000.00
                                                   Total CDBG Request             $886,662   $       860,062.14    $     860,062.14
                                                  Total CDBG Allocated            $886,662
                           Expected program income (Debt Recovery)                      $0
NOTE:                                                              Total          $886,662
* Public Service                            Allocated/Request Difference               $0
** City CDBG Administration
                                           Total Amt of Public Service*            $70,000
                                     Public Service maximum Amt 15%               $132,999
                                                              Difference          $62,999
                            Total Amt of City Administration Request**           $167,332
                                   Administrative Maximum Amt < 20%            $177,332.40
                                                             Difference           $10,000




       Page 1 of 8 O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\041117\06a_Copy of APRIL 2017 CDBG-HOME Staff Proposed 3%.xlsCDBG-HOME
       ACTIVITY
HOME Organization/Agency     Activity                                      2016 Budget         2017 Proposed            2017
CHDO Allocation              Housing Affordable Units****                        $39,428   $         38,245.16           $38,245.16
CHDO Administration          Administration                                       $2,137   $          2,072.89            $2,072.89
COM - CNS                    HOME Administration***                              $26,285   $         25,496.45           $25,496.45
COM - CNS                    HOME Infill/New Construction                       $150,000   $        145,500.00          $145,500.00
COM - CNS                    HOME Rental Rehabilitation                          $45,000   $         43,650.00           $43,650.00
COM - CNS                    HOME Rehab Construction *                                $0   $               -
COM - CNS                    HOME Homebuyer Assistance *                              $0   $               -
                                                 Total HOME Request             $262,850   $        254,964.50         $254,964.50
                                               Total HOME Allocated             $264,277
                                                  (+) Program Income                  $0
NOTE:                                                            Total          $264,277
*** Home Administration                   Allocated/Request Difference            $1,427
**** CHDO Request
* To be funded from Program Income
                                 Total Amt of HOME Administration***             $26,285
                                         Total Amt Designated = 10%              $26,864
                                                           Difference              $579

                                        Total Amt of HOME CHDO ****              $41,565
                                         Total Amt mandated >/= 15%              $39,642
                                                          Difference              $1,923




      Page 2 of 8 O:\CLERK\Common\Word\Agenda Items for Next Meeting\2017\041117\06a_Copy of APRIL 2017 CDBG-HOME Staff Proposed 3%.xlsCDBG-HOME
      ACTIVITY
CDBG Organization/Agency     Activity                                     2016 Budget
COM - Affirmative Action     Affirmative Action**                                $10,000
COM - Affirmative Action     Youth Opportunities/Summer Internships                   $0
COM - CNS                    CDBG Admin **                               $ 167,332.00
COM - CNS                    Priority Home Repair                              $235,790
COM - CNS                    Services Delivery                                   $75,000
COM - CNS                    Vinyl Siding                                        $50,000
COM - CNS                    Target Neighborhood                                      $0
COM - CNS                    Neighborhood Grants                                      $0
COM - Finance                Fire Station Bond Repayment                       $133,540
COM - Inspections            Dangerous Bldgs - Demolition                        $50,000
COM - Inspections            Dangerous Bldgs - Board-Ups                         $10,000
COM - Leisure Services       Youth Recreation*                                   $70,000
COM - Planning               Code Enforcement                                    $50,000
Love INC - Ramps             Special Projects/Community Based Org.*                   $0
Love INC - Utility AssistanceSpecial Projects/Community Based Org *                   $0
COM - Engineering            Streets                                             $35,000
                                                   Total CDBG Request          $886,662
                                                  Total CDBG Allocated         $886,662
                          Expected program income (Debt Recovery)                     $0
NOTE:                                                              Total       $886,662
* Public Service                            Allocated/Request Difference             $0
** City CDBG Administration
                                           Total Amt of Public Service*          $70,000
                                    Public Service maximum Amt 15%             $132,999
                                                              Difference        $62,999
                           Total Amt of City Administration Request**           $167,332
                                  Administrative Maximum Amt < 20%           $177,332.40
                                                            Difference           $10,000




                                                                         CDC/STAFF 2016
HOME Organization/Agency        Activity                                   Proposed
CHDO Allocation                 Housing Affordable Units****                    $39,428
CHDO Administration             Administration                                   $2,137
COM - CNS                       HOME Administration***                          $26,285
COM - CNS                       HOME Infill/New Construction                   $150,000
COM - CNS                   HOME Rental Rehabilitation                  $45,000
COM - CNS                   HOME Rehab Construction *                        $0
COM - CNS                   HOME Homebuyer Assistance *                      $0
                                             Total HOME Request        $262,850
                                           Total HOME Allocated        $264,277
                                              (+) Program Income             $0
NOTE:                                                        Total     $264,277
*** Home Administration               Allocated/Request Difference       $1,427
**** CHDO Request
* To be funded from Program Income
                                Total Amt of HOME Administration***     $26,285
                                        Total Amt Designated = 10%      $26,864
                                                          Difference       $579

                                      Total Amt of HOME CHDO ****       $41,565
                                       Total Amt mandated >/= 15%       $39,642
                                                        Difference       $1,923
    2015
    Final
Determination 2015 BALANCE 2017 Proposed
     $10,000        $4,774   $     9,700.00
     $15,000       $10,000   $          -
    $159,802       $53,711   $   162,312.04
    $170,000       $36,630   $   228,716.46
     $64,500       $36,946   $    72,750.00
     $50,000       $14,000   $    48,500.00
     $16,984        $7,370   $          -
     $18,000       $18,000   $          -
    $153,124                 $   129,533.64
     $50,000       $45,000   $    48,500.00
     $10,000        $6,500   $     9,700.00
     $70,000                 $    67,900.00
     $50,000                 $    48,500.00
      $4,500        $4,500   $          -
      $3,500        $1,011   $          -
     $50,000                 $    33,950.00
    $895,410                 $   860,062.14
    $895,410
          $0
    $895,410
         $0

     $78,000
    $134,312
    $56,312
    $159,802
    $179,082
     $19,280


    2015
    Final
Determination 2015 BALANCE 2017 Proposed
    $100,000       $92,000 $      38,245.16
          $0        $8,000 $       2,072.89
     $26,863               $      25,496.45
    $111,776      $108,251 $     145,500.00
 $30,000   $25,000 $    43,650.00
      $0           $          -
      $0           $          -
$268,639           $   254,964.50
$268,639
      $0
$268,639
      $0


 $26,863
 $26,864
      $1

$100,000
 $40,296
 $59,704
Community Development Block Grant 2015 - 2016
                                                                                              2014-2015          2015 - 2016
                                                                                              City Comm      Staff         CDC
Organization/Agency                     Activity                                   Priority      Final     Proposed Recommend
COM - Affirmative Action                Affirmative Action                                       $10,000     $10,000       $10,000
COM - Affirmative Action                Youth Opportunities/Interns                               $5,000     $15,000       $15,000
COM - CNS                               CDBG Admin **                                           $179,405    $159,802      $159,802
COM - CNS                               Priority Home Repair                                    $200,000    $170,000      $170,000
COM - CNS                               Service Delivery                                         $60,000     $64,500       $64,500
COM - CNS                               Vinyl Siding                                             $50,000     $50,000       $50,000
COM - CNS                               Target Neighborhood/Blight Fight                         $18,332     $16,984       $16,984
COM - CNS                               Neighborhood Grants                                      $25,000     $18,000       $18,000
COM - Finance                           Fire Station Bond Repayment                             $156,288    $153,124      $153,124
COM - Inspections                       Dangerous Bldgs - Demolition                             $55,000     $50,000       $50,000
COM - Inspections                       Dangerous Bldgs - Board Ups                              $10,000     $10,000       $10,000
COM - Leisure Services                  Youth Recreation*                                        $70,000     $70,000       $70,000
COM - Planning                          Code Enforcement                                         $50,000     $50,000       $50,000
Love INC - Ramps                        Special Projects/Community Based Org.*                    $4,500      $4,500        $4,500
Love INC - Utility Assistance           Special Projects/Community Based Org.*                    $3,500      $3,500        $3,500
COM - Engineering                       Fourth Street Repaving Project                                $0     $50,000       $50,000
                                                            Total CDBG Request                  $897,025    $895,410      $895,410
                                                       Total CDBG Allocated                     $897,025    $895,410      $895,410
                                    Expected Program Income (Debt Recovery)                           $0          $0            $0
NOTE:                                                                    Total                  $897,025    $895,410      $895,410
* Public Service                                  Allocated/Request Difference                       $0          $0            $0
** City CDBG Administration
                                                   Total Amt of Public Service*                  $78,000     $78,000       $78,000
                                       Public Service mandated Amt 

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