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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 9, 2019 @ 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. 9-1-1 Muskegon Central Dispatch Surcharge Shawn Grabinski
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Request to Rezone 971 & 975 Washington Avenue – SECOND READING
Planning & Economic Development
C. Amendment to the Form Based Code Section of the Zoning Ordinance –
SECOND READING Planning & Economic Development
D. Amendment to the Single-Family Residential Section of the Zoning
Ordinance – SECOND READING Planning & Economic Development
E. Waiver of Interest and Penalty Associated with Failure to File Property
Transfer Affidavits (PTA), Form 2766 Treasurer
F. Resolution to Revoke the Contract for Housing Exemption with Trinity
Village Limited Dividend Housing Association Treasurer
G. Invest Funds with Cantella &Co. Finance
H. Establish Policy and Application for Sports Leagues and Tournaments
Planning Department
I. Set Sports Leagues and Tournaments Fees Planning Department
J. Request for Skate Park Funds Planning Department
K. 714 Jackson – Demolition of Accessory Structure City Manager
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L. Smart Zone Delinquent Tax Resolution City Manager
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. LC Walker Arena Restaurant Proposals City Manager
REMOVED PER STAFF REQUEST
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
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Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: April 4, 2019
Here is a quick outline of the items on our agendas:
Work Session:
Staff will be presenting their recommendation on the responses to the LC Walker Arena Request
for Proposals. A memo from Jake Eckholm is attached. I concur with Jake’s recommendation and
have verified that the Lumberjack’s General Management does as well.
Regular Session:
1. Under Presentations, we will learn about the 911 radio upgrade needs.
2. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Second reading of the proposed rezoning of the properties that comprise Fatty
Lumpkins Sandwich Shack.
c. Second reading of an amendment to the form-based code to allow for research
and development in certain context areas.
d. Second reading of an amendment to the single family zoning ordinance related to
short-term vacation rentals.
e. Approval of a Resolution waiving the payment of penalties and interest by
residents that do not file their property transfer affidavits timely.
f. Approval of a Resolution revoking the PILOT for Trinity Village. The property has
been foreclosed by MSHDA and will be state-run. The property will become tax-
exempt.
g. Authorization to list Cantella & co. as an improved investment option for the
Finance Department.
h. Approval of a policy for sports leagues and tournaments that use city facilities.
i. Approval of a fee structure for sports leagues and tournaments that utilize city
facilities.
j. Request disbursement of funds from the City’s Skate Park Fund at the Community
Foundation.
k. Approval of the emergency demolition contract with Melching, Inc. for the
accessory structure located at 714 Jackson Street.
l. Approval of a Resolution requesting that the county Treasurer foreclose on the
Harbor 31 properties that are three or more years delinquent in property tax
payments.
3. Under New Business, we are asking the Commission to consider the following:
a. Acceptance of staff’s recommendation regarding the LC walker Arena restaurant
request for proposals.
Let me know if you have any questions/comments/concerns
Frank
Date: April 1, 2019
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 26, 2019
Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 26, 2019 @ 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 26, 2019, Deacon
Bill Cook, St. Mary’s, 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 Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Willie German, Jr.
INTRODUCTIONS/PRESENTATION:
A. Introduction of Jake Eckholm and Peter Wills Planning & Economic
Development
Leigh Ann Mikesell introduced Jake Eckholm and Peter Wills, two new city
employees. Jake Eckholm is the new Economic Development Director and Peter
Wills is the new Director of Strategic Initiatives. Both men come to the city with
experience that is relevant to their positions.
B. ADA Update EEO/Affirmative Action Director
Dwana Thompson, EEO/Affirmative Action Director outlined some of the efforts
that have been made in recent months relevant to the ADA. Mike Franzak, from
the Planning Department, reviewed the efforts being made in the planning
department to ensure consideration of ADA requirements. Leo Evans, City
Engineer, updated the commission on efforts that are ongoing at the
Department of Public Works.
2019-23 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the March 11, 2019 Worksession
and March 12, 2019 Regular Meeting.
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FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for Muskegon Country Club City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 3, 2019 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.
C. Community Relations Committee Appointment Recommendations
City Clerk
SUMMARY OF REQUEST: To accept the recommendation to appoint Kimi
George to the Historic District Commission and Marty Ferriby to the Local Officers
Compensation Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the appointments.
D. Rescission of Land Use Restrictions for 350 Shoreline Drive
Planning & Economic Development
SUMMARY OF REQUEST: Authorize the Mayor and Clerk to sign the notice of
rescission of land use restrictions for the City owned property located at 350
Shoreline Drive. This document rescinds the previous land use restrictions on the
property and will be filed with the new restrictive covenant already approved
by the commission at the February 12, 2019 meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the
rescission of land use restrictions.
E. Demolition Contract for West Shoreline Correctional Facility
Planning & Economic Development
SUMMARY OF REQUEST: Award the demolition of existing buildings at the West
Shoreline Correctional Facility to Melching, Inc. Three contractors were
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contacted and reviewed the site. All three supplied bids as follows.
Melching $338,910.10
JMB Demolition $452,300
Bierlein Companies, Inc. $838,400
FINANCIAL IMPACT: $338,910.10
BUDGET ACTION REQUIRED: None. The cost of demolition will be reimbursed
by the MEDC grant.
STAFF RECOMMENDATION: Award the project to the low bidder, Melching,
Inc.
F. Approval of 2019-2020 Procurement Contracts for CNS
Community & Neighborhood Services
SUMMARY OF REQUEST: To approve the following Trades-Serviced procured
through sealed bid proposals producing the lowest responsible bidder with
potential for one year extension.
Appraisal: Midwest Real Estate
Building: Midwest Builders
Electrical: Belasco Electric
Foundation Repair: Deitz House Moving Engineers
House Building Spec Writer: Hager Consulting
Interior Cleaning: True Clean Building Services
Property Maintenance: Walker Handyman Enterprises
Lead Assessment & Clearance: AAA Lead Inspections
Mechanical: Bishop Heating and Cooling
Painting: Walker Handyman Enterprises
Title Service: AAA National Title Group
Tree Services: Integrity Tree Services
Tub Glazing: Pro Cleaners
Vinyl Installer: Mark N Tucker LLC
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the procured list of contractors and
possible one year extension for Trade Contractors-Service Providers for the
Community and Neighborhood Services during 2019.
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G. Approval of Sale: City-Owned Home at 1350 Eastwood
Community & Neighborhood Services
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sales transaction with
Alexis Eziukwu for the rehabilitated home at 1350 Eastwood Drive: Purchase
price $137,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of affordable homes through the HOME program and provide
funding for our Homebuyer’s Assistance Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
H. Request to Rezone 971 & 975 Washington Avenue
Planning & Economic Development
SUMMARY OF REQUEST: Request the rezone the properties at 971 & 975
Washington Avenue from R-2, Single Family Medium Density Residential to Form
Based Code, Neighborhood Edge, by Brett Gilbert.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously (8-0)
recommended approval of the rezonings at their March 14 meeting.
SECOND READING REQUIRED
I. Amendment to the Form Based Code Section of the Zoning Ordinance
Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow research and development as a permitted use in the Downtown and
Mainstreet context areas of the Form Based Code.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request (8-0), as long as staff recommends a
definition for “research and development” that excludes animal testing, noise
and odor.
SECOND READING REQUIRED
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J. Request to Approve Purchase Agreement 241 and 255 W. Western Avenue
Planning & Economic Development
SUMMARY OF REQUEST: City staff has been working with a housing developer
that is interested in creating multifamily housing on these lots. The City
Commission authorized the City Manager to negotiate a purchase agreement
at the March 7, 2018 meeting.
FINANCIAL IMPACT: Funds from the sale will go into the General Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the purchase
agreement.
K. Amendment to the Single-Family Residential Section of the Zoning
Ordinance Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the Single Family
Residential section of the zoning ordinance to clarify that short and long term
rentals are not prohibited uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommend approval of the request (8-0) at their March 14 meeting.
SECOND READING REQUIRED
L. Hartshorn Marina – Resolution of Support for Waterways Program Grant
Application and Commitment for Matching Funds
Department of Public Works
SUMMARY OF REQUEST: The Engineering Department would like to apply for a
Waterway Program Grant through the Michigan Department of Natural
Resources. These funds would be used to complete upgrades and repairs at
Hartshorn Marina in conjunction with the recommendations prepared by
Abonmarche.
We are proposing a total project funding for this round of $700,000 of which
$350,000 would be local match and $350,000 would be funding from MDNR.
Funding would be available during the 19-20 budget cycle.
The MDNR application requires a resolution of support and commitment for the
matching funds.
FINANCIAL IMPACT: $350,000 in fiscal year 19/20
BUDGET ACTION REQUIRED: None at this time.
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STAFF RECOMMENDATION: Approve the resolution of support for the
Waterways Program Grant application and commit to funding the required
match and engineering costs.
M. Sheridan & Olthoff – Resolution of Support for Transportation Economic
Development Funding Application and Commitment for Matching Funds
Department of Public Works
SUMMARY OF REQUEST: The Engineering Department would like to apply for
Category A Transportation Economic Development funding through the
Michigan Department of Transportation. These funds would be used to resurface
Sheridan Drive and Olthoff Drive in the industrial park.
Construction is estimated at $900,000, and the city would be required to provide
matching funds of approximately $250,000 plus engineering costs. Funding is
available starting as early as 2019.
The MDOT application requires a resolution of support and commitment for the
matching funds.
FINANCIAL IMPACT: $300,000 split over fiscal year 18/19 and 19/20
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the resolution of support for the
Category A Transportation Economic Development application and commit to
funding the required match and engineering costs.
N. H91841 Walton Avenue & Marsh Street Department of Public Works
SUMMARY OF REQUEST: To award contract (H 91841) for construction of Marsh
Street and Walton Avenue, including paving of existing gravel road with water
service improvements.
Seven contractors submitted bids for this project as follows:
McCormick Sand, Inc. $159,293.50
Terra Contractors $184,209.04
Redline Excavating, LLC $170,662.06
Accurate Excavating, LLC $168,055.75
Jackson-Merkey Contractors $168,233.55
Tiles Excavating, Inc $199,795.58
Epic Excavating $245,684.10
FINANCIAL IMPACT: $159,293.50
BUDGET ACTION REQUIRED: None. Initially budgeted for $150,000.00 from the
CIP but will be adjusted in the next budget forecast.
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STAFF RECOMMENDATION: Award the project to the low bidder, McCormick
Sand, Inc.
O. H91858 Muskegon Avenue and Webster Avenue Re-Paint
Department of Public Works /Engineering
SUMMARY OF REQUEST: To award contract (H91858) for street pavement
marking improvements along Muskegon Avenue and Webster Avenue.
One contractor submitted bids for this project as follows:
PK Contracting $24,761.46
FINANCIAL IMPACT: $24,761.46
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the project to the low bidder, PK
Contracting.
Q. City Hall – Chiller Unit Department of Public Works
SUMMARY OF REQUEST: Authorize staff to direct Trane to complete repairs to
the City Hall air conditioning system in the amount of $8,208.00.
Repairs were identified during the fall shut down period that were required to
ensure the system is operating efficiently when restarted.
FINANCIAL IMPACT: $8,208.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to hire Trane to complete needed
air conditioning system repairs.
R. Procurement of Bubbler Control Panels DPW/Filtration
SUMMARY OF REQUEST: Authorize staff to procure six new bubbler control
panels from Commerce Controls to replace old panels at the Water Filtration
Plant.
FINANCIAL IMPACT: Existing bubbler control panels that provide level
indication are old and failing. They are in need of replacement. Commerce
Controls has provided instrumentation services at the plant for many years and
they will procure parts, build six panels and ship for installation at the cost of
$44,730.00. Plant staff will install the panels.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorization for staff to procure bubble control
panels from Commerce Controls at a cost of $44,730.00
S. Fifth Third Updated Account Resolution Finance
SUMMARY OF REQUEST: The City has used Fifth Third Bank as our primary
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depositor bank since 2007. They are asking to update our Treasury Management
Agreement and our Account Resolution. There have been many personnel
changes at the City since the original agreements were signed.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the updated Account Resolution for
Fifth Third Bank and authorize the Clerk to sign.
T. First Amendment to the Lumberjacks Lease City Manager
SUMMARY OF REQUEST: City staff is requesting approval of amendments to the
Lumberjack’s lease. The changes are within the original spirit of the agreement
approved by commission, but do provide more clarity as we seek to increase
sponsorship and lease revenues.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Clerk and Mayor to sign the
lease.
Motion by Commissioner Warren, second by Commissioner Johnson, to approve
the consent agenda as presented, except item P.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
2019-24 REMOVED FROM CONSENT:
P. Set Dry Storage User Fee (Catamaran) Department of Public Works
SUMMARY OF REQUEST: Set the dry storage fee (catamaran) at $995 per post.
Posts will be offered on a first come, first served basis, and prior customers will be
notified by letter that storage is again being made available. Environmental
concerns including high water and impacts to critical dunes have eliminated
our ability to provide storage at the water’s edge. A small area near the
volleyball courts has been identified as a location that could accommodate
these boats. Ten posts will be offered on a trial basis for the 2019 season only. No
catamaran storage can be provided at Harbour Towne Beach.
FINANCIAL IMPACT: Revenue generated by sale of storage area.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the fee for dry storage.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
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to approve the fee for dry storage.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, and Warren
Nays: Turnquist
MOTION PASSES
2019-25 PUBLIC HEARINGS:
A. Establishment of a Commercial Redevelopment District –
351 W Western Ave Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 351
Phase II, LLC has requested the establishment of a Commercial Redevelopment
District. The creation of the district will allow the building owner to apply for a
Commercial Facilities Exemption Certificate, which will provide a 50% reduction
in the number of mills levied as ad valorem taxes, excluding the State Education
Tax.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Establishment of the Commercial
Redevelopment District.
PUBLIC HEARING COMMENCED:
No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and establish the Commercial Redevelopment District
at 351 W. Western Avenue.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Warren
Nays: None
MOTION PASSES
B. Issuance of a Commercial Facilities Exemption Certificate–351 Phase II,LLC
Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 351
Phase II, LLC has requested the issuance of a Commercial Facilities Exemption
Certificate for their project at 351 West Western Avenue. The certificate provides
a 50% reduction in the number of mills levied as ad valorem taxes, excluding the
State Education Tax, for the commercial portion of the development. The
company will be investing $3,221,802 in the commercial space, which qualifies
them for an abatement for 10 years.
FINANCIAL IMPACT: The certificate provides a 50% reduction in the number
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of mills levied as ad valorem taxes, excluding the State Education Tax.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Issuance of the Commercial Facilities Exemption
Certificate.
PUBLIC HEARING COMMENCED:
Josh and Chris Benedict, owners, spoke about the project.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to close the public hearing and issue the Commercial Facilities Exemption
Certificate for 351 W. Western Avenue.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2019-26 NEW BUSINESS:
A. Request to Adopt the Proposed Amendments to the Master Land Use Plan
Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to amend the City of Muskegon
Master Land Use Plan to revise the 2008 Downtown & Lakeshore Redevelopment
Plan Future Land Use Map and include the Imagine Muskegon Lake Plan. The
regional entities have been given the required 63 day review time and a public
hearing was held at the March 14 Planning Commission meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the Master Plan.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the Master Plan at their March 14 meeting.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the Master Plan.
Motion to Amend the motion to include language opposing RV camp at
Pere Marquette Park at the ovals.
ROLL VOTE: Ayes: Warren, Johnson
Nays: Gawron, Hood, Rinsema-Sybenga, Turnquist
MOTION FAILS
VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
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Turnquist
Nays: None
MOTION PASSES
B. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish 593 W Webster Public Safety
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder or staff may issue infraction tickets to the
owner, agent or responsible party if they do not demolish the structure.
FINANCIAL IMPACT: General Budget
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Turnquist,
to concur with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
C. Second Quarter 2018-19 Budget Reforecast Finance
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter
2018-19 Budget Reforecast which outlines proposed changes to the budget that
have come about as a result of changes in revenue projects, policy priorities,
labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: A summary of second quarter proposed adjustment to
the budget are as follows:
• General Fund revenues are reforecast to be $291,000 lower than the
original budget, largely due to lower projections for building permit
revenue. The permit revenues are projected to be down $700,000 for
several reasons including Mercy Health paying up front for several
commercial and multi housing projects that are progressing slower than
expected to get to the building stage. The income tax revenues are being
projected up $100,000 and several other revenue line items were
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adjusted.
• General Fund expenditures are reforecast to be $403,518 lower than the
original budget. Permit revenue was decreased so that decreased our
payment to SafeBuilt and police wages are down after retirements and
resignations.
• There were several refinements to the Capital Projects budget now that
we have actual projects costs and know whether grant funding has been
approved the bottom line is a slight decrease in capital expenditures.
BUDGET ACTION REQUIRED: City commission approval of this reforecast will
formally amend the City’s 2018-19 budget.
STAFF RECOMMENDATION: Approval
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the Second Quarter 2018-19 Budget Reforecast.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 8:25 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Commission Meeting Date: April 9, 2019
Date: April 4, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to Rezone 971 & 975 Washington Ave – SECOND READING
SUMMARY OF REQUEST:
Request to rezone the properties at 971 & 975 Washington Ave from R-2, Single Family
Medium Density Residential to Form Based Code, Neighborhood Edge, by Brett Gilbert.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the rezonings
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously (8-0) recommended approval of the rezonings at their
March 14 meeting.
1
STAFF REPORT
March 14, 2019
Hearing, Case 2019-04: Request to rezone the properties at 971 & 975 Washington Ave
from R-2, Single Family Medium Density Residential to Form Based Code, Neighborhood
Edge, by Brett Gilbert.
SUMMARY
1. Both properties are owned by Brett Gilbert, owner of Fatty Lumpkins at 971
Washington Ave. This restaurant was approved as a Special Land Use by the
Planning Commission in 2009. Mr Gilbert has since bought the commercial
property to the west at 975 Washington Ave and would like to utilize the existing
building as an extension of Fatty Lumpkins. Rather than asking for another Special
Land Use Permit for the new restaurant space, staff encouraged him to apply for a
rezoning, which would allow for the restaurant without a Special Land Use Permit
and would also make it easier to develop the properties if there are any future
expansions.
2. Form Based Code, Neighborhood Edge is a common zoning designation for
commercial properties in this area. Please see the zoning maps on the following
page.
3. This zoning designation also allows for residential homes as well, in the event the
restaurant moves to another location. Please see the zoning ordinance excerpt on
Neighborhood Edge.
4. Both properties meet the minimum size (25’ x 100’) standards for Neighborhood
Edge lots. Both lots are approximately 26’ x 127’.
971 / 975 Washington Ave
2
Zoning Map
Form Based Code, Neighborhood Edge Properties
3
Aerial Map
4
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 971 & 975
Washington Ave from R-2, Single Family Medium Density Residential to FBC, Neighborhood
Edge.
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 971 & 975
Washington Ave from R-2, Single Family Medium Density Residential to FBC, Neighborhood
Edge.
CITY OF MUSKEGON REVISED PLAT OF 1903 E 24 FT OF W 54 FT LOT 1 BLK 479
CITY OF MUSKEGON REVISED PLAT OF 1903 WLY 30 FT LOT 1 BLK 479
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading: March 26, 2019
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
5
CERTIFICATE (Rezoning 971 & 975 Washington Ave from R-2 to FBC, NE)
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 9th day of April 2019, 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: ___________________, 2019 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
6
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 9, 2019, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 971 & 975 Washington
Ave from R-2 to FBC, NE:
CITY OF MUSKEGON REVISED PLAT OF 1903 E 24 FT OF W 54 FT LOT 1 BLK 479
CITY OF MUSKEGON REVISED PLAT OF 1903 WLY 30 FT LOT 1 BLK 479
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 ____________________, 2019 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
7
Commission Meeting Date: April 9, 2019
Date: April 4, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Form Based Code section of the Zoning
Ordinance – SECOND READING
SUMMARY OF REQUEST:
Staff initiated request to amend the zoning ordinance to allow research and
development as a permitted use in the Downtown and Mainstreet context areas of the
Form Based Code.
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 request 8-0, as
long as staff recommends a definition for “research and development” that excludes
animal testing, noise and odor.
Hearing, Case 2019-05: Staff initiated request to amend the zoning ordinance to allow research and
development as a permitted use in the Downtown and Mainstreet context areas of the Form Based Code.
SUMMARY
1. The Form Based Code allows for Research & Development in the Neighborhood Core Neighborhood
Edge Context Areas, as long as they are in a mixed-use or flex building type.
2. Staff is proposing to allow Research & Development in the Downtown and Mainstreet Context Areas
because of the low-impact on surrounding uses and possibility of attracting more businesses
downtown.
3. Research & Development refers to the work a business conducts for the innovation, introduction and
improvement of its products and procedures. It is a series of investigative activities to improve
existing products and procedures or to lead to the development of new products and procedures.
4. This use is not nearly as intensive as industrial. Allowing them only in mixed-use and flex buildings
would assure that they are a secondary use of a building and not the main tenant.
STAFF’S RECOMMENDATION FOR DEFINITION
Research and Development:
• The innovation, introduction and improvement of products and procedures. A series of investigative
activities to improve existing products and procedures or to lead to the development of new products
and procedures. This excludes animal testing and uses that would cause a nuisance due to noise or
odor.
Downtown Context Area
Mainstreet Context Area
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Form Based Code Section of the Zoning Ordinance to allow research and
development as a permitted use in the Downtown and Mainstreet context areas.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Research & Development is allowed as a permitted use in the Downtown and Mainstreet context areas of the
Form Based Code.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading: March 26, 2019
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
9th day of April, 2019, 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: ___________________, 2019. __________________________________________
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 April 9, 2019, the City Commission of the City of Muskegon adopted an
ordinance to amend the Form Based Code section of the Zoning Ordinance to allow research and
development as a permitted use in the Downtown and Mainstreet context areas.
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 ____________________, 2019. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: April 9, 2019
Date: April 4, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Single Family Residential Section of the
Zoning Ordinance - SECOND READING
SUMMARY OF REQUEST:
Staff initiated request to amend the Single Family Residential section of the zoning
ordinance to clarify that short and long term rentals are not prohibited uses.
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 request 8-0 at
their March 14 meeting.
Hearing, Case 2019-06: Staff initiated request to amend the Single Family Residential section of the zoning
ordinance to clarify that short- and long-term rentals are not prohibited uses.
SUMMARY
1. The City Commission recently passed a Short-Term Vacation Rental ordinance (enclosed).
2. Some citizens have complained that the City is not following the zoning ordinance because of Section
400.3.h.xiv(5). See Single Family Residential District attachment. They have claimed that rentals are
breaking the rule of prohibiting “lodging services including but not limited to, a tourist home (defined
as a bed and breakfast in the ordinance), motel or hotel.” However, this is located in the home
occupation section, which also states “the business person operating the home occupation shall reside
in the dwelling.” This is not the case with rentals, long or short term, so the City has never
considered rentals as home occupations.
3. To clarify and eliminate any confusion, staff is suggesting to amend the ordinance as follows
(additions in bold):
Home Occupations:
xiv. Activities specifically prohibited (but not limited to) include:
(5) A lodging service including but not limited to, a tourist home, motel
or hotel. This does not include short or long-term rental homes.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Single Family Residential section of the zoning ordinance to clarify that short and long
term rentals are not prohibited uses.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
New Additions in Bold:
Section 400:
Home Occupations:
xiv. Activities specifically prohibited (but not limited to) include:
(5) A lodging service including but not limited to, a tourist home, motel
or hotel. This does not include short or long-term rental homes.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading: March 26, 2019
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
9th day of April, 2019, 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: ___________________, 2019. __________________________________________
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 April 9, 2019, the City Commission of the City of Muskegon adopted an
ordinance to amend the Single Family Residential section of the zoning ordinance to clarify that short
and long term rentals are not prohibited uses.
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 ____________________, 2019. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
AGENDA ITEM NO._________
CITY COMMISSION MEETING: April 9, 2019
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Sarah Petersen, Treasurer
DATE: April 9, 2019
RE: Waiver of Interest and Penalty Associated with Failure to File
Property Transfer Affidavits (PTA), Form 2766
SUMMARY OF REQUEST:
Adopt the attached resolution to waive interest and penalty associated with failure to file
form 2766, Property Transfer Affidavit (PTA). Per MCL211.27b, a municipal unit is
required to charge interest and penalties to an owner of a property that does not file a
PTA within 45 days of the transfer of ownership. We currently do not charge the
penalties or interest to a taxpayer that has not filed the PTA within the 45 day
requirement. State statute requires the governing body to pass a resolution in order to
waive the penalties and interest.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Adopt the attached resolution to waive penalties and interest associated with untimely
filing of Property Transfer Affidavits.
RESOLUTION#
TO WAIVE INTEREST AND PENALTY ASSOCIATED WITH FAILURE
TO FILE PROPERTY TRANSFER AFFIDAVITS (PTA)- FORM 2766
WHEREAS, MCL 211.27b requires the levy of interest and penalty upon the buyers of property
if a PTA - Form 2766 is not filed within 45 days of all transfers of ownership; and
WHEREAS, MCL 211.27b also provides for the waiver of interest and penalty via a local unit
resolution if deemed necessary.
THEREFORE, BE IT RESOLVED that the City of Muskegon, MI has deemed that the waiver
of all interest and penalties for all untimely or not-filed PTAs-Form 2766 is necessary.
The foregoing resolution offered by Commissioner _
Supported by Commissioner _
Upon Roll Call Vote, the following voted:
Ayes:
Nays:
Resolution adopted on:
By: ______________________________
Ann Meisch, MMC, City Clerk
CERTIFICATION
This resolution as adopted at a regular meeting of the City Commission, held on April 9, 2019. 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
CITY OF MUSKEGON
_______________________________________
Ann Meisch, MMC, City Clerk
AGENDA ITEM NO._________
CITY COMMISSION MEETING: April 9, 2019
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Sarah Petersen, Treasurer
DATE: April 9, 2019
RE: Resolution to Revoke the Contract for Housing Exemption with
Trinity Village Limited Dividend Housing Association
SUMMARY OF REQUEST:
Adopt the attached resolution to revoke the Contract for Housing Exemption with Trinity
Village Limited Dividend Housing Association and terminate the Payment in Lieu of
Taxes (PILOT) status on Trinity Village I and Trinity Village II. The City Treasurer has
received formal notice from the Michigan State Housing Development Authority that
they have foreclosed upon and take possession of the two properties governed by this
agreement.
The State has indicated that they intend to pay the outstanding PILOT assessments for the
2018 tax year. Beginning in 2019, these properties will be completely tax exempt as a
result of being owned by the State of Michigan.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Adopt the attached resolution to terminate the Contract for Housing Exemption with
Trinity Village Limited Dividend Housing Association.
RESOLUTION#
TO REVOKE THE CONTRACT FOR HOUSING EXEMPTION WITH
TRINITY VILLAGE LIMITED DIVIDEND HOUSING ASSOCIATION
WHEREAS, A Contract for Housing Exemption was entered into by the City of Muskegon and
Trinity Village Limited Dividend Housing Association in order to grant PILOT (Payment in Lieu
of Taxes) status to two properties, Trinity Village I and Trinity Village II, in December of 1992;
and
WHEREAS, Said Contract for Housing Exemption states that the City of Muskegon is
contractually bound by the agreement as long as the Trinity project is financed by a mortgage
loan made or insured by the Michigan State Housing Development Authority, provided that said
mortgage is not in default; and
WHEREAS, the City of Muskegon has received formal notice from the Michigan State Housing
Development Authority that they have foreclosed upon and taken possession of Trinity Village I
and Trinity Village II from Trinity Village Limited Dividend Housing Association.
THEREFORE, BE IT RESOLVED that the termination of said Contract for Housing
Exemption with Trinity Village Limited Dividend Housing Association is effected and the
PILOT status of both properties is revoked.
The foregoing resolution offered by Commissioner _
Supported by Commissioner _
Upon Roll Call Vote, the following voted:
Ayes:
Nays:
Resolution adopted on:
By: ______________________________
Ann Meisch, MMC, City Clerk
CERTIFICATION
This resolution as adopted at a regular meeting of the City Commission, held on April 9, 2019. 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
CITY OF MUSKEGON
_______________________________________
Ann Meisch, MMC, City Clerk
Date: 4/9/2019
To: Honorable Mayor and City Commissioners
From: Planning Department
RE: Establish Policy and Application for Sports Leagues and Tournaments
SUMMARY OF REQUEST:
Approve the establishment of a policy and application for sports leagues and
tournaments using city parks and facilities. The policy is similar to the special event
policy, provides consistency for users of city facilities, and informs applicants of rules
and regulations that must be followed.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the policy and application.
CITY OF MUSKEGON
SPORT LEAGUE AND TOURNAMENT
POLICY
2019
The City of Muskegon has many fine parks and facilities available for your
team. A Sports Leagues and Tournaments Application is required for any
sport league or tournament using City property. While there are several City
departments involved in the approval process, this policy centralizes the
administration of special events with the City’s Planning Department.
For events where alcohol is served, applicants must also obtain approval from the State of
Michigan Liquor Control Commission and the Muskegon Police Department, in addition to
completing the Special Event Application. Liquor license approval is a separate process from the
Sports Leagues and Tournaments Application, with its own fees and regulations. The final authority
for signing special liquor licenses is with the Public Safety Director. For State of Michigan liquor
license regulations and information, please visit the State of Michigan’s website at
www.michigan.gov/lara.
SPORT LEAGUE AND TOURNAMENT APPLICATION PROCEDURE
I. Application (Application) Submission & Fee Schedule
All Applications shall be filed with the Planning Department at least thirty (30) days prior to the start of
the season. The non-refundable application fee must be paid at the time the application is submitted.
Application fee schedule:
$100 to be submitted 30 days or more prior to the start of
Application Fee to be paid by each separate league
the season
Tournament Fee $40 fee for each tournament
Park Use Fee $40 per league/club/school
Cleaning Deposit $100
Application fees may be waived for Veterans groups or school groups for schools located within the
city limits. Note your request for waived fees on your application, and city staff will review.
Cleaning deposit will be refunded within 30 days if proper clean-up was completed and no damage
occurred. If paid by credit card, refund will be credited to same card. Additional charges for damage
or excessive wear may also be applied if conditions warrant. Cleaning supplies will not be supplied by
the city.
The Application shall be submitted in writing and must be on the appropriate form. The application
fee must be paid at the time of Application submission. The cleaning deposit must be paid upon
event approval (we will send you an invoice). Fees for additional city services will be invoiced at the
end of the season or tournament. The CITY OF MUSKEGON SPORTS LEAGUES AND
TOURNAMENTS APPLICATION form can be found on the City’s website at www.muskegon-mi.gov,
or you may call 231.724.6702 to have one mailed/e-mailed to you, or visit the Planning Department on
the 2nd floor of City Hall, Monday – Friday from 8:30 am. until 5:00 p.m. excluding holidays.
II. Event Requirements
All permittees must adhere to the following rules and regulations. Failure to do so may result in the
applicant being held responsible for any damages, forfeiture of all or part of your deposit, and/or
denial of future applications.
-1-
(a) Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director as to whether or not, and how many, city police and/or fire officials may be required.
The applicant/organization will be responsible for payment of public safety personnel service. See
Fee Schedule (Section V, page 5) for fee estimates. If an event is cancelled with less than 72 hours’
notice, the applicant/organization will be responsible for paying two hours’ pay per officer, per contract
requirements. Applicants are not allowed to provide their own public safety staff (police/fire/medical)
without prior approval of the City of Muskegon’s Public Safety Director.
(b) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
(c) Digging & Staking. Digging or staking into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior
to event set-up. The applicant will also be responsible for paying an electrician to locate underground
utility lines, if required. The Applicant Organization will be responsible for the cost of any damages to
underground utilities, including irrigation lines, caused by digging or staking.
(d) Electrical and Water Hook-up. The applicant must adapt to electrical power available
on-site, or provide their own generator. When using City electrical panels, the applicant shall read the
meter before and after the event, and report those numbers to the City’s special event coordinator
upon request. City fire hydrants may be used as a water source for a fee [see Fee Schedule (Section
V, page 5) for cost]. It is the responsibility of the applicant to provide acceptable hoses for potable
water usage, which meet Health Department requirements.
(e) Inspections. The event location is subject to all building, plumbing, mechanical,
electrical, and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all
required inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents. See Fee Schedule (Section V, page 5) for
costs. For events having multiple tents, contact the City’s Building Official for inspection fees.
(f) Food trucks. Any food trucks or vendors using deep fryers and/or propane cylinders must
be inspected and approved by the Fire Marshal’s office prior to participation in a special event. These
vendors are required to have no less than a 5 lb ABC-type fire extinguisher which has a current
inspection tag and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or
grease is used as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793.
(g) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m.
the day after the event.
(h) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of
City facilities after the event. This includes the removal of trash from the site (do not leave full trash
cans on site). Applicants shall provide their own Dumpster. The City shall have the right to enforce
cleanup measures, including but not limited to entry and cleaning of property by City personnel with
costs charged to the owner, occupant, or applicant. City staff may require a walk-through after the
event to ensure satisfactory clean-up.
(i) Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
(j) Compliance with all regulations. Special Event applicants/organizations are responsible
to ensure that all applicable laws and ordinances are followed. Failure to comply with all city
-2-
ordinances, rules and regulations may result in the denial of future special event requests and/or the
forfeiture of your deposit.
III. Special Event Application Processing
(a) Application Intake. Planning Department staff shall be responsible for intake of Sport
League and Tournament Applications and dissemination to appropriate City staff for review and
approval. The application fee must be submitted with the application. Liquor license applications
shall be filed with the Public Safety Director.
(b) Approval. The City will issue an approval or denial no later than 30 days after the
application date whenever possible. Preliminary approval may be given to allow the applicant to
advertise the event, with final details to be worked out with staff. An approval letter will be issued,
listing conditions of approval.
(c) Application Denial. Where City staff reviews an Application and denies same, it shall
state in writing the reasons for the denial. An appeal of that decision may be made to the City
Commission, whose decision shall be final.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City may result in
denial of the application and/or future requests.
(e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the Planning Department to request a meeting. There
may also be instances where City staff requires a meeting with the applicant. Failure to attend a
requested meeting may result in denial of the application.
(f) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.
-3-
IV. Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses, Inspections,
Park use fees)
ITEM / SERVICE RENTAL FEE (plus labor if necessary)
55-gallon metal trash can $5.00 each
Plastic trash bags (1 case) $40.00 per case or actual cost
Snow fence (wood) $30.00 per roll
Fence posts $3.00 per post
Picnic tables $10.00 each
Fire hydrant use (installation & removal of
$100.00 flat rate per hydrant
hydrant tree, water testing, and water usage)
DPW/Parks personnel labor costs $60.00/hour
(Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged
PUBLIC SAFETY SERVICES / FEES
NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
Liquor licenses will not be issued within 15 days of an event.
Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event)
Special liquor license (non-profit)/Return event
$125.00 (if applied for at least 45 days in advance of event)
Organization located outside City of Muskegon
Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event)
Special liquor license (all) within 15-44 days of
$250.00
event
Liquor license/Temporary authorization –
$40.00 ($60 if within 44-15 days of event)
existing business/club
Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½)
Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays)
INSPECTIONS
Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees)
Contact the building inspection department to see if
Electrical or plumbing inspections
these are required
Fire Department inspection of food trucks Included with application fee
PARK USE FEES – SPECIAL EVENTS
Hackley Park exclusive use fee $200 if utilizing the entire park (includes the stage)
Hackley Park stage use fee $50 if using only the stage area
Harbour Towne Beach user fee $1500.00 per event
Lakeshore Trail bicycle/walking path $200 per event
Pere Marquette Park user fees (applicable Memorial Day through Labor Day)
Events less than 100 people $100 per event
Events with 100 - 250 people $200 per event
Events with 250 – 500 people $350 per event
Events with 500 - 2000 people $500 per event
Events over 2000 people $1500.00 per event
Parking spaces for event use $10 per parking space reserved
Exclusive use fee of Ovals parking lot area $200 per event
-4-
Date: 4/9/2019
To: Honorable Mayor and City Commissioners
From: Planning Department
RE: Set Sports Leagues and Tournament Fees
SUMMARY OF REQUEST:
Set the fees for sports leagues and tournaments using city parks and facilities as
follows.
$100 to be submitted 30 days or more prior to the start of
Application Fee to be paid by each separate league
the season
Tournament Fee $40 fee for each tournament
Park Use Fee $40 per league/club/school
Cleaning Deposit $100
Application fees may be waived for Veterans groups or school groups for schools
located within the city limits. Groups are directed to note their requests for waived fees
on their applications, and city staff will review.
FINANCIAL IMPACT:
Revenue generated by fees.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the fees for sports leagues and tournaments.
2019 CITY OF MUSKEGON SPORTS LEAGUES AND TOURNAMENTS APPLICATION
An application is required for any league or tournament using City property. The application and fee must
be submitted to the City of Muskegon Planning Department at least 30 days prior to the first practice, game
or tournament. In addition, any events where alcohol is served will require a temporary liquor license,
which is handled through the Muskegon Police Department. Contact the Police Department at
231.724.6750 for liquor license fees and requirements.
Return completed application with payment to the City of Muskegon Planning Department,
P.O. Box 536, 933 Terrace St., Muskegon, MI 49443-0536. Telephone: 231.724.6702
►SPORTS LEAGUES AND TOURNAMENTS FEES
$100 to be submitted 30 days or more prior to the start of
Application Fee to be paid by each separate league
the season
Tournament Fee $40 fee for each tournament
Park Use Fee $40 per league/club/school
Cleaning Deposit $100
Application fees may be waived for Veterans groups or school groups for schools located within the city limits.
Note your request for waived fees on your application, and city staff will review.
Cleaning deposit will be refunded within 30 days if proper clean-up was completed and no damage occurred. If
paid by credit card, refund will be credited to same card. Additional charges for damage or excessive wear may
also be applied if conditions warrant. Cleaning supplies will not be supplied by the city.
► I. LEAGUE OR TOURNAMENT SUMMARY
Each league will submit a schedule showing which days they will use city facilities, the time frames the facilities
are used, and the start and end dates of the leagues/tournaments. For each tournament, dates and times that
facilities are needed must be listed. Attach a separate sheet if necessary or use the blank space at the bottom
of this page.
TYPE OF SPORT
PRACTICE DATE(S)
TOURNAMENT DATE(S)
START:
USE TIME(S)
END:
LOCATION
Additional space for continuing above info if needed:
Page | 1
► II. APPLICANT INFORMATION
ORGANIZATION NAME
APPLICANT’S NAME/
RESPONSIBLE PARTY
ORGANIZATION / APPLICANT
ADDRESS /CITY/ STATE/ ZIP
APPLICANT PHONE NO(s).
APPLICANT E-MAIL ADDRESS
CONTACT NAME & PHONE
NUMBER DURING EVENT
Representative must be on site and available during event hours
► III. ALCOHOL SERVICE
Will there be alcohol sold/served? NO (proceed to Section IV, Event Site Details)
YES (complete remainder of Section III, below)
Applicant must contact the Muskegon Police Department to apply for a separate liquor license. The liquor
license application also requires State of Michigan approval so it is imperative that you get this done early.
No liquor license will be issued within 14 days of an event date.
Name of non-profit organization you are
partnering with for the liquor license:
Contact person at non-profit organization
(name & phone number):
► IV. TOURNAMENT DETAILS
Provide a detailed description of your tournament. Use additional sheet if necessary:
Number of people expected at site _____________ Is this new/ first-time? No ____ Yes ____
No _______ Yes _______**
Will there be food concessions at the site?
**Contact Fire Marshall for requirements
Will there be emergency medical services present? No _______ Yes______
(Other municipalities may not provide services in the City) Provider:
No _______ Yes_______
Will you have your own security present?
Provider:
No _______ Yes _______ If yes, contact the
Will there be assembly tents erected at the site? building inspection department to schedule an inspection
for any tents over 400 square feet
Page | 2
► V. CITY EQUIPMENT REQUESTED
Indicate the number of each item you’re requesting below. There are additional fees if you require City
staff to transport the items. Labor charges start at $60/hour per person. Larger items may require 2
people to move/transport. Leagues will be invoiced for fees at the close of the season.
ITEM QUANTITY ITEM QUANTITY
Wooden picnic tables ($10 each) Fire hydrant use ($100 per hydrant)
55-gallon metal trash cans ($5 each) Wood snow fence ($30/roll)
Trash bags ($50 per case) Fence posts ($3 per post)
Check one: I request that City staff deliver the above items to the site (for an additional fee): _________
I agree to pick up and return the above items from/to the Public Works building: ________
The 2 items listed at right are available for your No Parking signs
use free of charge, as long as they are picked up
and returned to the City’s Public Works building. Safety Vests
Are you requesting any other City services or equipment? (use of water, electric, etc) No ____ Yes____*
* List other services here:
► VI. LIABILITY WAIVER
PARTICIPANTS voluntarily agree, understand and recognize that PARTICIPANTS will have no right to make a
claim or file a lawsuit against the CITY arising out of the use of City property.
PARTICIPANTS agree to use City facilities at his/her own Risk, exercising his/her own free choice to
participate voluntarily in this activity, and PARTICIPANTS assume responsibility for any and all such risks
and dangers.
► VII. REQUIREMENTS OF THE SPORT LEAGUE PERMIT
1. Applicant shall comply with all rules and regulations of the City of Muskegon Sport League and
Tournament Policy.
2. Applicant shall comply with all City of Muskegon Ordinances.
3. The applicant organization will save the City of Muskegon harmless from all claims.
4. City staff may require a meeting with applicant organization to help clarify requests for services.
5. Grounds will be left clean and free of litter. Failure of the applicant to satisfactorily clean the site may
result in the City cleaning the site and billing the applicant for its services.
6. The City reserves the right to deny changes to the application once final approval is given.
7. Failure to provide any requested information in a timely manner or providing false information may
result in denial or revocation of the special event permit.
►Failure to comply with any requirements of the Sport League and Tournament Permit may result in
the forfeiture of your deposit and/or the denial of future requests.
With my signature, I certify that I have read and agree to the City of Muskegon Sport League and
Tournament Policy and all items listed on this application. I agree to abide by all applicable
ordinances & regulations.
___________________________________________________________________________________________
Signature of Applicant Date
Thank you for helping us help you make your event safe and successful.
Page | 3
Date: 4/9/2019
To: Honorable Mayor and City Commissioners
From: Planning Department
RE: Request for Skate Park Funds
SUMMARY OF REQUEST:
Authorize the mayor and clerk to sign the resolution requesting distribution of funds from
the City of Muskegon Parks Fund at the Community Foundation for Muskegon County.
The Planning Department is requesting $2,000 to cover costs for surveying the property
where we propose to locate a future skate park. These funds were originally targeted
for the development of a new skate park within the city.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize the mayor and clerk to sign the resolution.
City of Muskegon
RESOLUTION
REQUEST FOR
CITY OF MUSKEGON PARKS FUNDS
WHEREAS, Muskegon City Commissioners have established a fund at the Community
Foundation for Muskegon County to promote a future skate park within our great city; and
WHEREAS, Muskegon City Commissioners desire to construct a skate park for our residents and
visitors; and
WHEREAS, Muskegon City Commissioners understand the need to conduct preliminary design
activities in preparation for a fundraising campaign; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners request $2,000
from the City of Muskegon Parks Funds at the Community Foundation for Muskegon County for
surveying activities.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: April 4, 2019
RE: 714 Jackson – Demolition of Accessory Structure
SUMMARY OF REQUEST:
The City currently owns the Froebel School property as a result of tax foreclosure. Sometime this
winter, significant damage was done to an accessory structure. The structure previously housed the
school’s boiler. The damage has left the structure dangerous. Staff ordered an emergency demolition
from Melching, Inc.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To accept the bid of $10,000 from Melching, Inc. to secure the structure, conduct asbestos testing and
abatement, and complete the demolition at 714 Jackson.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: April 4, 2019
RE: Smart Zone Delinquent Tax Resolution
SUMMARY OF REQUEST:
At the annual goal setting session, the Commission directed staff to prepare a resolution asking the
Muskegon County Treasurer to discontinue the practice of issuing delinquent tax payment plans for
the properties located in the Smart Zone. Staff has prepared the resolution and is seeking approval.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the Resolution and authorize staff to present it to the Muskegon County Treasurer’s Office.
COMMITTEE RECOMMENDATION:
RESOLUTION
Demanding Foreclosure of Harbor 31 Business Park Properties
WHEREAS, for the past eleven years the City of Muskegon has had an activated SmartZone in the
area commonly known as the Harbor 31 Business Park; and
WHEREAS, the City of Muskegon and Grand Valley State University have made significant
investments in the SmartZone in the form of infrastructure and business incubation facilities; and
WHEREAS, the operation and installation costs of these facilities were to be repaid with Tax
Increment Financing capture from development and new tax base within the SmartZone; and
WHEREAS, the private owners of several parcels within the SmartZone have not only failed to
develop the properties into active uses, but have become delinquent in due payment of property
taxes owed to the City and other taxing authorities; and
WHEREAS, between the properties located in the SmartZone with parcel numbers 24-607-000-
0004-00, 24-607-000-0005-00, 24-607-000-0006-00, 24-607-000-0007-00, 24-607-000-0010-00, 24-607-
000-0011-00, 24-607-000-0012-00, 24-607-000-0013-00, 24-607-000-0014-00, 24-607-000-0015-00, 24-
607-000-0016-00 $612,335.04 in delinquent taxes is owed; and
WHEREAS, the City of Muskegon is annually paying in excess of $480,000 due to lack of
development and eligible TIF revenues on these properties in the SmartZone;
WHEREAS, the Treasurer of the County of Muskegon has on multiple occasions created payment
arrangements with the owners of the aforementioned parcels to collect payment of due taxes
for all taxing authorities, and the owners have not honored said arrangements,
NOW, THEREFORE, BE IT RESOLVED, I, STEPHEN J. GAWRON, by the virtue of the authority
vested in me as Mayor of the City of Muskegon and with support of the duly elected Commission,
do hereby demand that the Treasurer of the County of Muskegon begin tax foreclosure
proceedings on the aforementioned parcels, and offer right of first refusal to purchase these sites
to the City of Muskegon pursuant to the laws of the State of Michigan.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of April, 2019.
________________________
Stephen J. Gawron
Mayor, City of Muskegon
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: April 4, 2019
RE: LC Walker Arena Restaurant Proposals
SUMMARY OF REQUEST:
Economic Development Staff has reviewed the proposals and made a written recommendation. Staff
is requesting permission to implement the action steps of that recommendation. Staff would return
to a subsequent City Commission meeting to present lease terms for the accepted proposal(s).
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To accept the staff recommendation and authorize staff to implement the action steps.
COMMITTEE RECOMMENDATION:
City of Muskegon Economic
Development Department
Memo
To: Frank Peterson, City Manager
From: Jake Eckholm, Director of Economic Development
cc: LeighAnn Mikesell, Director of Municipal Services
Date: 3/15/2019
Re: LC Walker Arena Restaurant RFP Responses
The City of Muskegon has received three (3) responses to our Request for Proposals regarding
the new restaurant/craft alcohol establishment in the Western Avenue frontage portions of the
LC Walker Arena. After reviewing the applications pursuant to the Evaluation Criteria stated in
the RFP, I offer the following findings for your consideration.
- Wonderland Distilling submitted a very well detailed proposal that calls for the
installation of a cocktail bar/tasting room with an eatery component that featured upscale
small plate menu items such as charcuterie, tenderloin and chicken sliders, and fresh
mozzarella with oil and herbs. Their design featured an outdoorsman theme in line with
their product brand. Additionally, they wish to feature a partnership with a new non-profit
organization that seeks to provide opportunity to budding entrepreneurs from minority
and marginalized communities, specifically utilizing minority chefs and culinary artists to
create and provide a secondary rotating food menu. The development is requesting that
the City frontload an investment of $300,000 of their $654,000 anticipated buildout, citing
non-tenant related costs, with them repaying $100,000 as a loan. This would result in the
city contributing $200,000 as a direct investment toward this respondent option, with a
proposed timeline for project completion 7 months after approval. Wonderland is
proposing a total rental rate of $8 per square foot. The concept includes approximately
2,200 sf of indoor space and 460 sf of outdoor patio space (plus an option on 470 sf of
additional patio space). The $8 rate would apply to the 2,200 sf of interior space –
resulting in annual rent of $17,600. The City’s expected $200,000 direct investment
would be repaid in approximately 12 years.
- The Fan Cave submitted a short proposal for a partial portion of the development area
purveyed in the RFP to place a retail specialty/craft beer location. The business model
calls for sales of individual cans and bottles of craft beers and ciders in a “build your own
6-pack” fashion, as well as 10-15 tap handles serving unique and specialty craft beers.
They propose to utilize the arena’s liquor license, and on-site consumption of these
beverages would also be possible in a lounge area featuring televisions and a large
display of the Muskegon Sports Hall of Fame memorabilia currently housed in the arena.
The projected buildout costs of $150,000 would be privately funded by the owners of
The Fan Cave; the proposal requests no public funds, but does ask that the space be
provided in “white box” form. It is likely that we will have some limited expenditures in
creating the white box – mostly related to ensuring that utilities are available in the
space. The respondents wish to begin buildout immediately upon approval with a
summer 2019 opening. The respondents have indicated that they would be willing to
relocate their proposed location to allow the arena to attract additional proposals for the
remaining Western Avenue frontage. The group did not propose a specific rental rate.
Using a $10 per square foot assumption, and a rental space of 1,100 sf, we can expect
to recoup $11,000 per year. Costs associated with providing white box space are
unknown, but estimated at $25,000-$30,000; this would result in a payback of less than
three years.
- Sports Bar Concept Submission: This proposal was well-detailed and specifically calls
for the development of a sports bar and full menu restaurant location that encompasses
the development space, with room for a third party micro-distillery tasting room and retail
location. The proposed design calls for a first story dining room and an optional second
story mezzanine dining space with a local sports theme that incorporates some of the
local memorabilia previously found in the LC Walker Arena. The second floor is likely to
come in a second phase. The conceptual menu items in the proposal are eclectic,
ranging from gourmet salads to wings, burgers, and old fashioned milk shakes that
would seem to carry a more mid-market price point. The proposal from this respondent
calls for completely private financing with no public contribution specified. They
reference preferring a leasing relationship consistent with other current tenants in the
arena space. The respondent references starting immediately if approved, with a goal to
open before the end of summer 2019. They have been in contact with the arena’s other
major tenants – including sports teams and restaurants – and they indicate an ability to
work together to build on the momentum at the arena. The proposed space calls for
2,181 sf of indoor rented space as well as access to patio seating for approximately 70
people. Based on an $8/sf rental rate, the city can expect $17,448 in annual rent. The
city can expect to have some costs associated with providing utilities to the lease space.
Using a $50,000 assumption, the city’s return on its investment would be approximately
three years.
In addition to these summaries, it is relevant to note that all three submissions call for
indoor/outdoor seating options as requested in the RFP scope. All three respondents are groups
comprised of local Muskegon area entrepreneurs, with all three having experience on their
teams in the food service and entertainment industries. All three would be expected to
contribute to common area maintenance, and would be expected to be responsible for any
property taxes allocated to their space.
After reviewing all three submitted proposals, the Sports Bar Concept Submission is the
proposal that staff recommends to occupy the space as designated in the RFP. Their
submission kept with the requested theme while also specifically attempting to collaborate and
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involve third parties to diversify the offerings in the space and open it to other developers.
Collectively the group responsible for this submission has significantly more food service and
entertainment management experience than the others, and is currently operating several other
highly-successful establishments in the Muskegon area. They call for no public money in their
proposal, and their menu and theme offerings are the most eclectic – likely to appeal to a broad
range of demographics present in our community.
While the recommended development is the clear choice for this specific RFP and space, it is
important to highlight that all of the concepts have a place in the downtown/midtown areas of
Muskegon, and staff would like to reach out and work with these developers after this process is
complete to assist them in finding locations in the community as follows:
1. Connect Wonderland Distilling with downtown building owners to determine if their
concept is a good fit for their space. Specific opportunities include the first floor of
Lakeview Lofts Phase 1, The Leonard, Highpoint Flats, and The Ameribank.
2. We have already reached out to the Muskegon Farmers Market and Kitchen 242, and
believe there is a great partnership opportunity for the non-profit mentioned in the
Wonderland proposal. There is also support from staff to identify/provide space adjacent
to the city’s kitchen incubator to support and restaurant entrepreneurs in Muskegon.
Kitchen 242 and other city-owned assets are logical tools for this organization as they
work to assist these budding businesses.
3. The Fan Cave would be a welcome amenity in our downtown. Similar – but smaller –
locations described above for Wonderland Distilling could be identified for the Fan Cave.
Staff is seeking permission to undertake the following:
1. Select the proposal from Andrew Harris, Jennifer Harris, Andrew Price, and James
Curtis as the top choice for the LC walker Arena.
2. Work directly with the developers to finalize their proposal – related to theme, footprint,
lease conditions, and collaboration opportunities.
3. Make a staff determination as to what to do with the remaining 700-1,000 square feet of
leasable space along Western Avenue, with the goal of either operating a concept
internally as part of the arena’s concession operations or moving forward with the Fan
Cave concept proposed by Matthew Gongalski.
Respectfully,
Jake Eckholm
Director of Economic Development
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