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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 27, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Jake Eckholm 2020 MEDA Emerging Star Award Planning & Economic
Development
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Marina T-Dock Removal DPW/Marina
C. Sale - 1457 7th Street City Manager
□ PUBLIC HEARINGS:
A. Lakeside BID Special Assessment Public Hearing and Resolution
Economic Development
B. Lakeside Corridor Improvement Authority Pre-Ratification Public Hearing
Economic Development
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Corona Virus Aid, Relief, and Economic Security Act (CARES Act) – CDBG
COVID 19 Funding Budget CNS
B. MSA-Self Contained Breathing Apparatus Replacement Public Safety
□ ANY OTHER BUSINESS:
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□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 27, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 12, 2020 Worksession Meeting and the
October 13, 2020 Regular City Commission meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
COMMISSION CHAMBERS
933 TERRACE STREET
MUSKEGON, MI 49440
Monday, October 12, 2020
5:30 p.m.
MINUTES
2020-74
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, Ramsey (arrived at 5:50 p.m.), and German (arrived at 5:58 p.m.)
Progress Presentation for 880 First Street Redevelopment – Economic Development
Representatives from Ferguson Development have joined us to give a progress report now that
engineering and rental market studies are completed on their vision for the redevelopment at
880 First Street.
The City has been working with Ferguson Development and Brianna Scott for nearly a year now
to finalize plans to redevelop the former AmeriBank building at 880 First Street. Economic
Development staff have worked closely with project management for the developer to
coordinate extensive testing on the structure, foundation, and design of the existing building.
Tonight, the developer’s consultant will be here to present findings and ambitions for the
development and to take questions, with the hope that the Commission will vote in favor of a
purchase and development agreement at the meeting on October 27, 2020.
Discussion took place.
Community EnCompass Infill Housing Partnership Presentation – Economic
Development
An informational presentation on a proposed low-to-moderate income new home construction
program.
In an attempt to further our Economic Equity efforts and to create diversity of housing price
points as we build infill, we have been working for quite some time with Community EnCompass
to try and construct a deal within the Brownfield TIF and their institutional capacity to construct
homes that would be specifically for buyers at or below 80% AMI. The presentation tonight is
meant to inform the Commission of the proposed development scope and take
questions/feedback, with hopes to present a development agreement for Commission
consideration at the regular City Commission meeting on October 27, 2020.
Discussion took place.
Update to the Lot Sale Policy – Planning
Staff has prepared an updated lot sale policy that outlines procedures and incentives to direct
the use and sale of vacant, city-owned residential properties.
Discussion took place regarding the proposed updates to the lot sale policy and the matter is
being referred back to staff for further updates before presentation to the commission.
Marihuana Social Equity – Planning
Staff wishes to discuss ways to empower local entrepreneurs to become participants in the
marihuana industry and to discuss the implementation of the Muskegon Social Equity Program.
In recent City Commission meetings, some Commission members have stated that they would
like staff to research ways for local caregivers to have an opportunity to get into the recreational
industry. A total of 18 caregivers currently operate in several different businesses and industrial
corridors throughout the City. Caregivers are allowed to collocate so some buildings host up to a
few hundred plants. Sometimes these buildings can cause odor nuisance issues when located
near residential areas. This, along with other concerns from citizens, makes it difficult to allow
for many marihuana license types outside of the current overlay zones. However,
microbusinesses allow for the cultivation (only up to 150 plants), processing and sales of
marihuana out of a single building. This license type is very affordable ($8,000 compared to
$25,000 for retailer), making it more feasible for smaller-scale, local entrepreneurs to get into
the industry. The 150-plant restriction would also reduce the possibility of odor nuisances. It also
appears to be the license type that most caregivers are seeking.
There are two local marihuana entrepreneurs petitioning for two different properties to be
rezoned to allow for microbusinesses at the October Planning Commission meeting. However,
instead just rezoning these two parcels, staff encourages the Commission to consider creating a
new microbusiness ordinance that would allow all caregivers the opportunity to participate
throughout the City. Staff has also recently received a few other requests to allow for
microbusinesses in other business corridors.
A major issue with getting local entrepreneurs into the recreational industry is the fact that many
do not currently own a building in an approved overlay district. These overlay districts have led
to dramatic increases in property values, essentially pricing out many locals. Staff proposal
should eliminate this concern.
Staff proposes to allow microbusinesses in the same zoning districts that we allow caregivers
(B-2, B-4, MC, I-1, and 1-2.) as long as they obtain a special land use permit from the Planning
Commission. Special use permits are parcel and applicant specific, which should eliminate the
land speculation problem. If any applicant is approved at a location, that applicant is the only
one approved for the use at that property. Any new applicant at that location would require their
own special land use permit. Allowing these permits throughout the City would eliminate the
need to be in a certain location, eliminating the land speculation. It would also restrict the
building owner from obtaining the necessary zoning approval, then selling the building to the
highest bidder rather than the applicant they have been working with from the beginning.
The Muskegon Social Equity Program should have some funding early next year. Staff would
like to revisit the spending allocations, listed below.
MSEP REVENUE
Medical and Recreational licensed marihuana businesses in Muskegon may elect to contribute
to the City’s MSEP. Additionally, 35% of all local excise tax receipts will be allocated to the
City’s MSEP.
ALLOCATION OF MSEP RESOURCES
1. 30% for business micro-loans/grants for those that have had a low-level marihuana
conviction.
2. 35% will be dedicated towards facilitating marihuana related expungement clinics.
3. 35% for education, youth support and community outreach for responsible marihuana
consumption related to harm reduction.
Discussion took place.
PILOT Policy
Staff are seeking input on a revised policy to standardize tax incentives for Payment in Lieu Of
Taxes (PILOT) developments within the city.
At the request of the City Manager, the Tax Incentive Committee has continued to review and
make recommendations for standardizing our tax incentive policies in the City of Muskegon. Our
most recent effort is specifically dedicated to PILOT developments. As with the previous
revisions shared with the commission, the attached document outlines a more standardized
method for determining payments with lower rates given to developments that meet more of the
city’s goals. Also in line with the previous revision, the proposal is for these developments to be
reviewed by the tax incentive committee with a recommendation provided to the City
Commission.
Discussion took place.
Adjournment
The City Commission Worksession meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 13, 2020 @ 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, October 13, 2020, Pastor
Wally Reames, Central Assembly, opened the meeting with a 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 (arrived at 5:38
p.m.), Commissioners Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr.,
Teresa Emory, and Michael Ramsey, Acting City Manager Beth Lewis, City
Attorney John Schrier, and City Clerk Ann Meisch.
HONORS, AWARDS, AND PRESENTATIONS:
A. New Affordable Housing Project Approved Planning & Economic
Development
The Planning & Economic Development Department presented information
about a new affordable housing project that has been approved.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2020-75 CONSENT AGENDA:
B. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 22, 2020
Regular Meeting and the September 29, 2020 Special City Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
D. Prized Steelhead Sculpture Purchase City Manager
SUMMARY OF REQUEST: Staff is seeking permission to utilize a portion of the
proceeds from the beach parking program to purchase the “Prized Steelhead”
sculpture currently displayed in from of the Olthoff Stage for $4,000.
The Muskegon Lakeshore Chamber of Commerce commissioned a number of
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public art pieces as part of the 2020 Lakeshore Art Festival. Although the festival
was cancelled due to COVID-19, the art pieces were still installed around the
downtown. This piece was completed by Muskegon City resident Sherri
Balaskovitz. The original commission price was $9,500. Thanks to the donors and
a reduction from the artist, we are able to purchase the piece from $4,000. Staff
intends to install the art piece along the channel to help welcome boaters into
Muskegon Lake. There will likely be other insignificant costs associated with the
installation – the Department of Public Works will handle that work internally.
AMOUNT REQUESTED: $4,000
STAFF RECOMMENDATION: Authorize the purchase of the Prized Steelhead
at a cost not to exceed $4,000.
E. Social District Permit Recommendation Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. You handled
the initial eight such requests at your August 25 and September 8 meetings. The
resolution is for Topshelf Liquor Bar & Pizza and Dr. Rolf’s Barbeque which are also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION: To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
G. General Fund Transfers for FY 2019-20 Finance
SUMMARY OF REQUEST: During the close out of fiscal year 2019-20 and based
on the financial results for the fiscal year ended June 30, 2020, staff transferred
from the General Fund $20,000 to the Engineering Fund, $10,000 to the State
Grants fund, $7,500 to the Tree Replacement Fund and $800,000 to the Mercy
Health Arena Fund to eliminate fund balance deficits. Staff is requesting formal
approval of these general Fund transfers.
At the close of the FY2019-20 three funds were in a fund balance deficit and
required a transfer from the General Fund to eliminate the deficit. The
Engineering Fund needed a $20,000 transfer because of lower revenues caused
by COVID 19, the State Grants Fund needed a $10,000 transfer because of a
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write off and the Tree Replacement Fund need of a $7,500 transfer for expenses
incurred in anticipation of grant monies. The FY 2019-20 budget called for a
General Fund transfer of $235,000 to the Mercy Health Arena Fund however due
to lost revenue from COVID 19 a $800,000 transfer was needed.
Please note that in the State Grants Fund it does not appear to have needed a
transfer however $63,473 grant reimbursement was received but not paid out
until after the end of the fiscal year. The Fund Balance needs to cover the
$63,473 payment.
AMOUNT REQUESTED: $837,500 AMOUNT BUDGETED: $235,000
STAFF RECOMMENDATION: To approve the General Fund transfers of $20,000
to the Engineering Fund, $10,000 to the State Grants Fund, $7,500 to the
Replacement Fund and $800,000 to Mercy Health Arena Fund.
I. Update to the Lot Sale Policy Planning
REMOVED PER STAFF REQUEST
J. NEZ Certificate for 318 Terrace Point Planning
SUMMARY OF REQUEST: An application for Neighborhood Enterprise Zone
certificate has been received from Chad and Marisa Doane for the new
construction of a home at 318 Terrace Point. The applicant has met local and
state requirements for the issuance of the NEZ certificate.
STAFF RECOMMENDATION: To approve the NEZ certificate at 318 Terrace
Point for 12 years.
K. Risers Indoor Soccer Club Contract Finance
SUMMARY OF REQUEST: City staff is requesting approval of the proposed lease
with the Muskegon Risers Indoor Soccer Club. This is a long-term lease with
extension opportunities.
The Muskegon Risers are looking to deepen their commitment to the Muskegon
community and the downtown with a long-term lease with the Mercy Health
Arena. Some of their goals are listed:
• Increase resources dedicated to soccer programming for underprivileged
youth.
• Facilitating adult social and competitive soccer leagues through our
newly formed city soccer association which is registered with Michigan
Soccer Association.
• Investing in their own outdoor practice and game facility inside the City of
Muskegon.
• Expanding the women’s team into a full-season operation.
With this contract the city will receive 100% of concession revenue, which gives
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the arena flexibility with how concessions are managed. The ticket facility fee
will be more consistent with the other sports team tenants reaching $2.00 per
ticket by year 5 of the contract. The facility fees go directly toward keeping the
arena viable.
STAFF RECOMMENDATION: To approve the contract.
L. Ratification and Confirmation of Commission Actions since April 30, 2020
City Attorney
SUMMARY OF REQUEST: Staff is requesting approval of the resolution to ratify
and confirm, nunc pro tunc, all of the City Commission’s actions, ordinances,
and resolutions approved at City Commission meetings held after April 30, 2020,
which were conducted remotely via technologic means in compliance with the
Executive Orders including, but not limited to the approval of the Bond
Resolutions.
STAFF RECOMMENDATION: To approve the resolution confirming and
ratifying City Commission actions, ordinances, and resolutions approved at City
Commission meetings held after April 30, 2020.
M. Streamlining Brownfield Plan Amendment Public Hearing Process
Economic Development
SUMMARY OF REQUEST: To streamline the process by which the City Commission
currently approves a Brownfield Plan Amendment. Permit staff, rather than the
City Commission, to set the date of a public hearing to approve a Brownfield
Plan Amendment. The change would apply only to the consideration of
Brownfield Plan Amendments.
Currently, as a matter of practice, the City Commission adopts a resolution to set
the date for a public hearing to consider approval of a Brownfield Plan
Amendment. The City Commission then conducts the public hearing at their
next regularly scheduled meeting. According to state statute, the Brownfield
Redevelopment Financing Act, MCL 125.2664 states “…the governing body shall
hold a public hearing on the brownfield plan. By resolution, the governing body
may delegate the public hearing process to the authority or to a subcommittee
of the governing body subject to final approval by the governing body.” It goes
on to outline the requirements of certain content to be included in the notice for
a public hearing. The statute provides discretion to the governing body when
developing the public hearing process. Therefore, shifting the practice of setting
the public hearing date for a Brownfield Plan Amendment from the City
Commission to staff seeks to create an efficiency in this multi-step adoption
process.
STAFF RECOMMENDATION: Authorize staff to set the date of public hearings
to consider Brownfield Plan Amendments.
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O. Filtration Plant Transit Van DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Cargo Utility Van from Gorno Ford the Mi-Deal State contract
holder. The purchase price of this vehicle is $37,300.00.
The City of Muskegon Filtration Plant is requesting this Utility Van to assist them
with more space to accommodate off site maintenance activities at booster
stations and water tower sites. This will replace a smaller truck that will be
handed back to the Equipment Division for placement elsewhere. This purchase
was included in the 20/21 Capital Budget.
The small difference between requested amount and budgeted amount will be
adjusted in the reforecast.
AMOUNT REQUESTED: $37,300 AMOUNT BUDGETED: $35,000
FUND OR ACCOUNT: 661-60932-5720
STAFF RECOMMENDATION: Authorize staff to purchase one (1) Cargo Utility
Van in the amount of $37,300.00 from Gorno Ford.
P. High Service Pump Rebuilt DPW/Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with Wylie
Electric Motor Service for the rebuilding one of the high service pumps at the
filtration plant.
Staff solicited bids from three firms as follows for rebuilding one of the high
service pumps at the filtration plant.
• Wylie Electric Motor Service - $9,957.00
• HECO - $22,853.50
• Jones Electric Company - $11,313.00
Staff is recommending award to the low bidder with the funds to be drawn from
the Water Filtration Plant – WMRWA Eligible line item in the 20/21 budget.
AMOUNT REQUESTED: $9,957.00 AMOUNT BUDGETED: $500,000
FUND OUR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to contract with Wylie Electric
Motor Service in the amount of $9,957.00 for rebuilding one high service pump
at the filtration plant.
Q. Musketawa Trail Connector Resolution Public Works
SUMMARY OF REQUEST: MDOT requires a resolution of support prior to obligation
of funding for the 2021 project to finalize the connection between the Laketon
Train and the Musketawa Trail in the City of Muskegon.
The City of Muskegon has received grants from both the MDNR and MDOT to
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facilitate completion of this project. The obligation of the MDOT funds requires
submittal of a resolution of support and commitment to provide future
maintenance for the trail.
The total project estimate is $780,478.50 with Federal TAP funding of $400,586.00
and MDNR Recreational Trail Program funding of $315,000. The local match to
the construction contract will be subject to the bid results but is estimated in the
range of $65,000 at this time.
The project design is completed and staff is working to finalize the last of the
easements required to submit the project for bidding. We expect to have the
project out for bids, through MDOT, in February of 2021 with construction to take
place in the Spring/Summer of 2021.
There will be a formal agreement brought to the Commission for consideration
after the project is bid per standard practice on MDOT administered projects.
FUND OR ACCOUNT: 202-99118
STAFF RECOMMENDATION: Approve the resolution and authorize the Clerk to
sign.
S. Traffic Control Orders DPW/Traffic & Engineering
SUMMARY OF REQUEST: To approve Traffic Control Orders #60, #61, #62, #63,
#64, and #65 and authorize staff to remove/install various traffic control devices.
STAFF RECOMMENDATION: To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Orders.
U. Electronic Upgrades in Commission Chambers City Clerk
SUMMARY OF REQUEST: Staff would like to upgrade the electronics in the
Commission Chambers to assist with Election training with funds from the Election
Grant.
The Election grant requires that funds are used by December 31st. This will not
give staff time to follow our purchasing policy of obtaining bids or requesting
approval of the City Commission to make a purchase over the amount of
$15,000. As such, staff is requesting to waive the purchasing policy and authorize
staff to purchase the equipment for Election training.
STAFF RECOMMENDATION: To waive the purchasing policy requiring bids
and requiring expenditures over $15,000 to have commission approval and to
allow the City Clerk to purchase equipment for the Commission Chambers with
grant funds that must be expended by December 31, 2020.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to accept the consent agenda as presented, except items C, F, H, N, R, T and V.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
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Nays: None
MOTION PASSES
2020-76 ITEMS REMOVED FROM CONSENT AGENDA:
C. Election Purchases – Grant Expenditures City Clerk
SUMMARY OF REQUEST: City Commissioners previously authorized the City Clerk
to expend all Election Grant Funds in the amount of $433,580. Staff wanted to
bring Commission up-to-date on purchases made thus far in the amount of
$42,784.18 since the last update.
Several other purchases/marketing expenses are in process and we will update
the Commission at the next meeting.
At this time, we have purchased the following:
• Effectv – Comcast - $3,000.50
• Outfront – Geocaching - $1,000.00
• Lakeshore Creative Services – Online Ads - $1,000
• WZZM, Fox, Wood TV Commercials - $10,400.00
• I-heart, Cumulus, WUVS – The Beat - $7,660.00
• M-Live - $3,151.00
• Cisco Phones w/ Headsets for office - $940.80
• Trailer generator $949.00
• Lights for Precincts 3 & 4 - $516.00
• Walkie Talkies for Drive Thru Voting - $492.87
• 6 scanners for precincts - $466.81
• Election Source - $2,291.76
• Computer cords & USB’s for Precincts - $347.00
• Overhead Door in Clerk’s Office - $10,425.00
• PPE Supplies - $143.44
AMOUNT REQUESTED: $42,784.18 AMOUNT BUDGETED: $433,580
STAFF RECOMMENDATION: To acknowledge and approve the purchases
made in the amount of $42,784.18 for the November Election as authorized by
the Commission on September 22, 2020.
Motion by Commissioner German, second by Commissioner Johnson, to
acknowledge and approve the purchases made in the amount of $42,784.18 for
the November Election as authorized by the Commission on September 22, 2020.
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ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
F. Amendment to Bonding Resolution Finance
SUMMARY OF REQUEST: To approve an amendment to the Resolution
Authorizing Issuance of 2020 Capital Improvement Bonds originally approved on
September 8, 2020. The amendment authorizes bonds to be issued in more than
one series and be either taxable or tax exempt. The total authorization of up to
$8,000,000 is unchanged.
After additional research by our Bond Counsel the refinancing of the roof and
heating, ventilation and cooling improvements at the Mercy Health Arena can’t
be done with tax exempt bonds. The City is the owner of the Arena, however,
we lease a substantial amount of space to for profit entities making tax exempt
bonds not possible at the Arena. So as not to change the scope of the bonds,
two series instead on one will need to be issued. The exact amount of each
series will not be known until we get closer to sale date. The amount of the two
series will not exceed $8,000,000
STAFF RECOMMENDATION: To approve the amendment to the Resolution
Authorizing Issuance of 2020 Capital Improvement Bonds.
Motion by Commissioner German, second by Commissioner Emory, to approve
the amendment to the Resolution Authorizing Issuance of 2020 Capital
Improvement Bonds.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
H. Coronavirus Aid, Relief, and Economic Security Act (CARES Act)-CDBG
COVID 19 Finding, Total Allocation Community & Neighborhood
Services
SUMMARY OF REQUEST: To review the total allocations for CARES Act – CDBG
COVID 19 funding. First round funding allocations were $585,238, combined with
third round allocations for $209,326 equals $794,564. $158,918 will be used for
Administrative Costs and $635,651 will be used for the following eligible activities:
Child Care, Utilities, Business, Food Assistance, Parks, and Youth.
AMOUNT BUDGETED: $794,564
FUND OR ACCOUNT: CARES Act COVID 19, 2020, Total Allocation
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STAFF RECOMMENDATION: To approve activities and budget for the CARES
Act – CDBG COVID 19 funding at the next City Commission Meeting, October
27th, 2020.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve activities and budget for the CARDS Act – CDBG COVID 19 funding at
the next City Commission meeting, October 27, 2020.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
N. Addition to the Fee Schedule – Mobile Food Vending Zoning Approval
Planning
SUMMARY OF REQUEST: To create a fee for the application for a temporary use
permit for mobile food vending.
The Commission recently passed an amended Temporary Use ordinance
(zoning ordinance) that allows for mobile food vending on private property
(whereas the City Code of Ordinances dictates rules for on-street mobile food
vendors).
The zoning ordinance allows temporary use permits from 1-89 days to be
reviewed by staff. Permits for 90 days-1 year require notice to the surrounding
properties and possibly a Planning Commission, if anyone from the public
requests a public hearing.
In addition to the fees (in lieu of taxes) required by the Clerk’s Office (see
attached), the City should also charge a fee for the zoning ordinance review.
These fees should cover the cost of the mailing and the public hearing, if
necessary. Staff recommends a $100 fee to cover the mailing and an additional
$400 if a public hearing is requested. The cost of a regular special use permit is
$500.
Staff would also like to clarify that temporary permits for 90 days – 1 year should
only require a mailing/public hearing one time for the same business at the
same location. Renewal permits should not require additional notices/hearings.
STAFF RECOMMENDATION: To approve the application fee for a temporary
use permit for mobile food vending.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve the application fee for a temporary use permit for mobile food
vending.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
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Nays: None
MOTION PASSES
R. Beach Street Utility Special Assessment Public Works
SUMMARY OF REQUEST: To set the date for a public hearing on the proposed
special assessment for Beach Street from Wilcox Avenue to Ohio Avenue at the
November 24th, 2020 City Commission meeting.
Staff has been petitioned by property owners along Beach Street to have the
aerial communication utilities (Frontier Communications and Comcast Cable)
buried within the above referenced limits. Staff has reviewed the request and
additional documentation/detail is attached along with a preliminary staff
summary.
Staff is requesting permission to set the 1st Public Hearing for the creation of the
Special Assessment District for November 24, 2020. Upon approval of the Public
Hearing date staff will mail notices to all impacted properties via the attached
notice and solicit formal responses from all impacted parties via mailers.
Staff will present all the documents at the public hearing along with the results of
the survey card for consideration in establishing the district.
It is staff position that the property owners are the sole beneficiaries of this
assessment and as such would bear 100% of the assessment cost should this
assessment be approved.
STAFF RECOMMENDATION: Set the 1st Public Hearing Date for the purpose of
establishing the special assessment district for Beach Street Ariel Utility Burials for
November 24th, 2020 and authorize staff to send the notices and survey cards to
the impacted property owners.
Motion by Commissioner Johnson, second by Commissioner German, to
approve resolution setting the 1st Public Hearing Date for the purpose of
establishing the special assessment district for Beach Street Aerial Utility Burials
for November 24, 2020 and authorize staff to send the notices and survey cards
to the impacted property owners.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
T. Aamodt Park Improvements Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to construct a new
playground and picnic shelter at Aamodt Park.
Staff has worked closely to develop a proposed improvement plan for Aamodt
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Park that we feel will greatly benefit the park and improve the usage at the site.
The proposed project includes two primary improvements.
• Replacement of the existing playground equipment on the site. The
existing equipment was installed in 1995 and has served its useful life. The
current equipment is not compliant with current standards nor is it
maintainable any longer. The proposed playground would be provided
through the Parks Department preferred vendor (Sinclair Recreation) that
has most recently done work at the Pere Marquette playground. Sinclair
Recreation is offering a one-time grant to the city that covers
approximately 1/2 the cost of the equipment for purchases made prior to
October 31, 2020. The grant results in a net savings of approximately $30K
to the city on this project. A rendering of the proposed playground is
included with the packet.
• Construction of a picnic shelter pavilion within the park. This will mostly be
completed by staff. The picnic shelter will be approximately 30 FT x 30 FT
with electric.
The funding for the project is largely provided through CDBG dollars. CNS has
identified $100k to support this project. The total estimate cost is $140K with the
difference being allocated to the General Fund. A capital number has been
created to track costs and will be shown in the upcoming reforecast.
At this time staff is seeking authorization for the following three items, not to
exceed $130,000 in aggregate without returning to the Commission for further
consideration.
• To purchase the playground equipment and installation services from
Sinclair Recreation
• Solicit bids for the playground foundation and award to the low bidder.
• Procure materials for the construction of the pavilion.
AMOUNT REQUESTED: $130,000
FUND OR ACCOUNT: 101-92043-5346
STAFF RECOMMENDATION: Authorize staff to purchase the playground
equipment and installation services from Sinclair Recreation in the amount of
$96,385.10, and authorize staff to solicit bids for the playground foundation and
pavilion materials and award those contracts provided the aggregate cost for
the three items does not exceed $130,000.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize staff to purchase the playground equipment and installation
services from Sinclair Recreation in the amount of $96,385.10, and authorize staff
to solicit bids for the playground foundation and pavilion materials and award
those contracts provided the aggregate cost for the three items does not
Page 11 of 13
exceed $130,000.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
V. Lakeshore Creative Services Agreement Amendment City Clerk
SUMMARY OF REQUEST: The City Commission has expressed a desire to
broadcast our Worksession meetings on Channel 96 and on Facebook. Our
current contract with Lakeshore Creative Services only addresses regular
Commission meetings. Staff is seeking approval to pay Lakeshore Creative
Services $450 for broadcast/streaming services for Worksession meetings.
STAFF RECOMMENDATION: To amend the Agreement with Lakeshore
Creative Service to include the broadcast and streaming of Worksession
meetings for $450 per meeting.
Motion by Commissioner Ramsey, second by Commissioner Johnson, to amend
the Agreement with Lakeshore Creative Services to include the broadcast and
streaming of Worksession meetings for $450 per meeting.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2020-76 PUBLIC HEARINGS:
A. Business Improvement District Public Hearing Economic Development
SUMMARY OF REQUEST: A public hearing has been scheduled to receive
comment on a proposed Downtown Muskegon Business Improvement District
special assessment roll for 2021-2023.
The Muskegon City Commission approved a three-year renewal of the
downtown BID at its September 8, 2020 meeting, including the district and
special assessment rate. The special assessment roll includes 103 parcels and
annually would generate $114,818.66 for the BID. At the September 8, 2020
meeting, there were four property owners with 12 parcels objecting to the BID
that represented 5.8 percent of the total assessment and 11.6 percent of the
total parcels. The three-year BID budget would focus downtown work on
seasonal landscaping, winter sidewalk snow removal and administration. The
City Commission created a Board of Assessors that includes Commissioners Ken
Johnson and Michael Ramsey, who along with the city assessor will certify the
special assessment roll. After hearing public comment, the attached resolution
would confirm the BID’s special assessment roll for three years.
Page 12 of 13
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution to confirm the Downtown Muskegon Business Improvement District
special assessment roll for the winter tax bills of 2020, 2021 and 2022 and have
the Mayor and Clerk sign.
PUBLIC HEARING COMMENCED: No comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
close the public hearing and approve the resolution to confirm the Downtown
Muskegon Business Improvement District special assessment roll for the winter
tax bills of 2020. 2021, and 2022 and have the Mayor and Clerk sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
B. IFT Transfer at 2420 Remembrance Drive Planning
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, James
Street Capital Holding of America No 4 Inc, 2420 Remembrance Drive has
requested the transfer of the Industrial Facilities Tax Exemption Certificate (IFT)
from KLO Acquisition, LLC.
The original IFT (#2018-170) was granted to KLO Acquisition and will expire on
12/31/2029.
STAFF RECOMMENDATION: To approve the transfer of IFT#2018-170 to James
Street Capital Holdings of America No 4 Inc.
PUBLIC HEARING COMMENCED:
Michael Baun, 2575 Simonelli – addressed the Commission.
Motion by Commissioner Johnson, second by Commissioner Hood, to close the
public hearing and approve the transfer of IFT #2018-170 to James Street Capital
Holdings of America No 4 Inc.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 6:40 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 13 of 13
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 27, 2020 Title: Marina T-Dock Removal
Submitted By: Doug Sayles/Leo Evans Department: DPW/Marina
Brief Summary: Approval of the Contract with T.R. Ghezzi, LLC, to remove and dispose of the
center floating dock, (T-Dock) at Hartshorn Marina.
Detailed Summary: To approve the submitted, lowest bid contract, by T.R.Ghezzi, LLC, to remove
and dispose of the existing center floating dock (T-Dock). The dock is currently beyond repair due
to the age and current condition of the dock. Staff is recommending removal of the dock to prevent
further damage and liability.
Amount Requested: $58,612.00 Amount Budgeted:
Fund(s) or Account(s): 594-70756 Fund(s) or Account(s):
Recommended Motion: To approve Contract with T.R. Ghezzi, LLC.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
September 20, 2020
Mr. Doug Sayles / City of Muskegon / Hartshorn Marina
920 West Western Avenue
Muskegon, MI 49441
This proposal is for the removal and disposal of the entire “T” dock and ramp. This proposal is based
upon access to the project from land and water.
Project Site:
T. R. Ghezzi, LLC (T.G. Ghezzi) has reviewed the site, and submits the following proposal.
Scope of Work:
• Disconnect utilities.
• Removal and disposal of existing floating docks and ramp located in the center of the basin.
• City of Muskegon to retain two of the existing electrical pedestals and one fiberglass dock box
located on the dock.
• T.R. Ghezzi to have salvage rights for all other components including remaining pedestals,
piping, wiring, and dock brackets.
• All non-recyclable materials to be disposed of at Muskegon County Solid Waste facility.
Project Cost:
The cost for this proposal is $58,612.00
$8,491.00 will be credited for down payment of previous canceled contract.
Payment:
55% of balance is due 14 days prior to start of work.
45% of balance payment is due upon completion.
Work Schedule:
Weather Permitting
Access to Project Site:
The project cost is based on available access to the project site via land and water. If for any reason
the project site is not accessible the project cost is subject to renegotiation.
Contingencies:
This agreement is contingent upon weather delay, accessibility, acts of god, of any other incident
beyond the control of T.R. Ghezzi, LLC. Changes to this agreement shall be in writing only. A
monthly service charge of 2% shall be applied to all past due accounts.
If you have any questions or concerns, please give me a call at (231) 206-9560.
Thank you.
T.R. Ghezzi, LLC
Travis Ghezzi, Owner Doug Sayles / City of Muskegon
2055 Lakeshore Drive 920 West Western Avenue
Muskegon, MI 49441 Muskegon, MI 49441
From: Joseph Bailey
To: Doug Sayles
Cc: Mike Vink
Subject: Hartshorn marina Center Float dock section Removal
Date: Tuesday, October 20, 2020 2:22:46 PM
Doug;
Thank you for the opportunity to bid this project.
Here is the scope of work as we understand it;
Remove 20-3’x30’ finger Piers
Remove 17-8’ main Pier various length totaling 537’
Remove 24 wooden dock boxes
Remove 24 Pedestals
Remove 1 8’x24’ Ramp
TOTAL LUMP SUM BID PRICE = $123,040.00
Thank You,
Joseph G. Bailey
Great Lakes Dock and Materials, L.L.C.
1800 Lakeshore Drive
Muskegon, MI 49441
(231) 755-2225 office
(231) 220-9511 direct
(231) 755-2227 fax
(231) 206-1379 cell
[email protected]
WARNING: This email originated outside of the City of Muskegon email system!
DO NOT CLICK links if the sender is unknown.
NEVER provide your User ID or Password.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 27, 2020 Title: Sale – 1457 7th Street
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff is seeking authorization to sell the city-owned home at 1457 7th Street to
Gerald Harvey.
Detailed Summary: The city acquired this home via tax sale. Finance Department estimates total costs
associated with the renovation to be approximately $83,000. The home was listed at $86,000. The offer
submitted was $88,000 with a $2,000 seller concession toward required closing costs. The City is expected
to net $81,000. This property will be included in the infill housing program. Brownfield reimbursement of
the approximately $2,000 seller concession will be recovered in 2-3 years. Note that there are some
outstanding invoices related to the construction, including fence installation, which could impact the city’s
net proceeds.
Amount Requested: None at this time Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Authorize the City Manager to complete the sale of 1457 7th Street, as described in
the purchase agreement.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/27/2020 Title: Lakeside BID Special Assessment
Public Hearing and Resolution
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The Lakeside BID Board has voted to petition the City Commission to establish a
Special Assessment District inclusive of all commercial parcels in the BID in order to raise funds
for public maintenance and improvements. Tonight a duly posted and noticed public hearing will
take place to hear comment on the Special Assessment District
Detailed Summary:
The Lakeside Business Improvement District Board has recommended a special assessment
amount to fund BID improvements in the Lakeside Corridor for a period of 3 years, with potential to
renew the assessment at the end of the term depending on the amount of TIF capture by their
desired Corridor Improvement Authority. The attachments to this cover sheet reflect the costs per
square foot of every address in the bid, as well as a map outlining the BID district approved by the
Commission last year. Also attached is the resolution creating the special assessment district as a
tax authority entity. An additional public hearing will be called to establish the assessment and add
it to the tax rolls on November 24th, 2020 at the Regular City Commission meeting. The total
anticipated capture of this assessment is $24,011.03, which will be used by the BID Board to
provide for winter maintenance of sidewalks, plowing, landscaping maintenance, and marketing
materials for the district.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve Resolution of Establishment of the Lakeside BID Special
Assessment District as presented.
For City Clerk Use Only:
Commission Action:
LAKESIDE BUSINESS IMPROVEMENT DISTRICT
REGUALAR BOARD MEETING
SEPTEMBER 16TH, 2020
MINUTES
Board Members Present: R. Ghezzi, M. Floermon, K. Bearnsly, A. Serio, R, Jenkins, F. Peterson
Board Members Absent: M. Kordecki, T. Wasserman, B. Evans
Others Present: S. Carpenter, L. Hopson, M. Aney, J. Eckholm
Meeting called to order at 8:38am by Chair Peterson
Discussion on Agenda Item 1, “Updated BID Assessment Numbers”
Discussion on Agenda Item 2, “Final BID Assessment Recommendation”
Motion by Floermon, Second by Jenkins to petition the City Commission of the City of
Muskegon to establish a Special Assessment District for a period of three years as presented.
Ayes: Floermon, Peterson, Bearnsly, Serio, Jenkins
Nays: Ghezzi
Absent: Kordecki, Wasserman, Evans
MOTION PASSES
Discussion on Agenda Item 3 “Repairs and Improvements to Lakeshore Drive”
Motion by Floermon, Second by Bearnsly to adjourn.
Meeting adjourned by Chair Peterson at 9:42am.
Lakeside Business Improvement District Proposed
Program Budget and Detail
INTRODUCTION
The Lakeside BID Board has recommended a special assessment rate and district boundary to
the City Commission of the City of Muskegon. In the event that this district is created and
revenues are subsequently generated through a special assessment tax, the following is a
summary of programming that will be funded and implemented by the BID.
PROGRAMS
Sidewalk Snow Removal
Estimated Annual Cost: $12,000
The Bid Board plans to conduct a competitive bid process and retain a contractor for a 3-year
contract to conduct snow removal on the sidewalk system on Lakeshore Drive. This will include
plowing and salting as needed.
Landscaping
Estimated Annual Cost: $4,500
Working with the City of Muskegon Department Public Works, the BID Board desires to
maintain and expand on the new flower beds and landscaping that has been installed in the
corridor. The current plans call for a private contractor that would be competitively bid for a 3-
year contract.
Promotions/Marketing/Decorations
Estimated Annual Cost: $4,000
Similar to downtown Muskegon, the BID Board seeks to install seasonal decorations such as
holiday lighting, specialized seasonal floral installations, and banner poles. There is also a
working strategy to actively market the businesses and attractions in the district in regional
markets.
Administration
Estimated Annual Costs: $3,750
The Director of Economic Development is the city staff member assigned to advise, assist, and
prepare documents for the Lakeside BID. This is an estimate of value of annual hours worked
that the BID will pay to the City for administrative services.
Contingency $683
Total $24,933.00
Proposed …. DRAFT
Business/Owner Address Parcel # Acreage (sq. ft) Assessment
Wasserman's Flowers and Gifts 1595 61-24-205-529-0004-00 8402.724 $ 420.14
T4 Group 1700 61-24-205-609-0002-00 32500.116 $ 1,625.01
Garrett Law Offices 1732 61-24-205-609-0007-00 9239.076 $ 461.95
RCP Marketing 1756/1786 61-24-205-609-0010-00/61-24-205-609-0013-00 29233.116 $ 1,461.66
Richard A Ghezzi Estate 1812 61-24-205-596-0001-00 18251.64 $ 912.58
Frontier 1831 61-24-205-624-0001-00 12867.624 $ 321.69
Pastoor James R JR Trust 1836 61-24-205-596-0002-00 8089.092 $ 404.45
VF Ventures LLC 1845 61-24-205-624-0003-00 22111.056 $ 1,105.55
Patricia Roy, DO 1864 61-24-205-596-0002-10 12780.504 $ 639.03
Paul R Korndorfer 1883 61-24-205-625-0001-00 8311.248 $ 415.56
Paul R Korndorfer 1891 61-24-205-625-0002-00 7853.868 $ 392.69
SHM Great Lakes 1920 61-24-205-596-0008-00 1213002.252 $ 2,000.00
The Only Cannoli/ Lake Effect Sport/ 1927 61-24-205-627-0001-00 10227.888 $ 511.39
Lakeside Emporium 1930 61-24-205-596-0004-00 15555.276 $ 777.76
Richard P Ghezzi 1937 61-24-205-627-0002-00 9265.212 $ 463.26
Lauren Taylor Eyeware 1945 61-24-205-627-0003-00 5275.116 $ 263.76
1950 Lakeshore Drve LLC 1950 61-24-205-596-0004-20 12026.916 $ 601.35
Level 6 1953 61-24-205-627-0004-00 8280.756 $ 414.04
Lakeside Landing/ Lakeshore Tavern/The Table 1965 61-24-205-627-0005-00 8502.912 $ 425.15
Marine Tap Room 1983 61-24-205-635-0001-00 8154.432 $ 407.72
BTBG Investments LLC 1991 61-24-205-635-0002-00 46121.328 $ 2,000.00
Zaloma's Pizza/Anchor Property Management 2009 61-24-205-635-0006-00 6037.416 $ 301.87
Ghezzi's Market 2017 61-24-205-635-0007-00 8076.024 $ 403.80
Gawkowski Properties Lakeshore LLC 2020 61-24-205-596-0007-00 5654.088 $ 282.70
Apple Knits and Purls 2033 61-24-205-636-0001-00 7531.524 $ 376.58
Complete Automotive Servies 2034 61-24-205-597-0001-00 9487.368 $ 237.18
Auto Body Clinic 2054 61-24-205-597-0004-00 7614.288 $ 190.36
Cannon Service Center/ Shoreline Service Bait 2080 61-24-205-597-0005-00 15071.76 $ 376.79
Lakeshore Federal Credit Union 2182 61-24-205-597-0017-00 32569.812 $ 1,628.49
Daniel C. Swarwar D.D.S P.C 2187 61-24-205-641-0005-00 10807.236 $ 540.36
Lakeshore Environmental Inc. 2341 61-24-205-664-0011-00 7923.564 $ 396.18
Lotta Lakeshore 2445 61-24-205-677-0005-00 9474.3 $ 473.72
Waters Edge Fitness 2465 61-24-205-678-0001-02 16552.8 $ 827.64
Frosty Cove 2565 61-24-205-693-0001-01 39012.336 $ 1,950.62
TOTAL 1681864.668 $ 24,011.03
Lakeside BID assessment rates
Total # of Parcels 84
Commercial 32 5 cents a square foot/capped at $2,000
Automotive and Utility 4 2.5 cents a square foot/capped at $1,000
Nonprofit 2 no assessment
Governmental 8 no assessment
Residential 38 no assessment
Proposed Lakeside BID budget
Snow removal $12,000
Landscaping $4,500
Promotions/marketing $4,000
Administration $3,750
Contingency $683
Total $24,933.00
RESOLUTION APPROVING LAKESIDE
BUSINESS IMPROVEMENT DISTRICT
2021-2023
City of Muskegon
County of Muskegon, Michigan
Resolution At First Hearing Creating Special Assessment District For The Lakeside
Business Improvement District (BID) Location and Description of Properties to be
assessed:
See Exhibit A attached to this resolution
RECITALS:
1. By resolution of the City Commission, a hearing has been held on October 27th, 2020, at
5:30 p.m. at the City Commission Chambers. Notice was given by mail and publication
as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held on October 27th, there were ______1_____ objections by the
owners of the property in the city registered at the hearing either in writing received
before or at the hearing or by owners or agents present at the hearing, and the
Commission has considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost, including all assessable
expenses, and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property to be assessed in the district for
downtown improvements and services. The City Commission determines that the
assessments of costs of the City project will enhance the value of the property to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit and remove a burden from the property associated with the
services and improvements to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include all of the
property included in Exhibit A.
2. The City Commission determines to proceed with the special assessment.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners_____________________ and _____________________________ and
the city Assessor who are hereby directed to prepare an assessment roll. Assessments
shall be made upon a benefit basis.
4. It is hereby determined that, based on the estimates of cost for services and
improvements downtown, the City will levy a special assessment in the said district on
“Class A” Properties, as defined in the BID Bylaws, for an annual assessment of $0.05/sf
with no assessment to exceed $2,000 and “Class B” Properties, as defined in the BID
Bylaws, for an annual assessment of $0.025/sf with no assessment to exceed $1,000
commencing with the Winter 2020 tax bill.
5. Upon Submission of the special assessment roll, the City staff is hereby directed to
notify all owners and persons interested in properties to be assessed of the hearing at
which the City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes________________________________________________________________________
Nays
__________________________________________________________________________
CITY OF MUSKEGON
By ________________________________
Ann Marie Meisch, City Clerk
By ________________________________
Stephen J. Gawron, Mayor
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on October 27th, 2020.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public acts of 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
CITY OF MUSKEGON
By ________________________________
Ann Marie Meisch, City Clerk
RESOLUTION APPROVING DOWNTOWN MUSKEGON
BUSINESS IMPROVEMENT DISTRICT
2021-2023
Exhibit A
All assessable parcels abutting or accessed by Lakeshore Drive from Clifford Street
eastward to Robinson Street.
Business/Owner Address Parcel # Acreage (sq. ft) Assessment
Wasserman's Flowers and Gifts 1595 61-24-205-529-0004-00 8402.724 $ 420.14
T4 Group 1700 61-24-205-609-0002-00 32500.116 $ 1,625.01
Garrett Law Offices 1732 61-24-205-609-0007-00 9239.076 $ 461.95
RCP Marketing 1756/1786 61-24-205-609-0010-00/61-24-205-609-0013-00 29233.116 $ 1,461.66
Richard A Ghezzi Estate 1812 61-24-205-596-0001-00 18251.64 $ 912.58
Frontier 1831 61-24-205-624-0001-00 12867.624 $ 321.69
Pastoor James R JR Trust 1836 61-24-205-596-0002-00 8089.092 $ 404.45
VF Ventures LLC 1845 61-24-205-624-0003-00 22111.056 $ 1,105.55
Patricia Roy, DO 1864 61-24-205-596-0002-10 12780.504 $ 639.03
Paul R Korndorfer 1883 61-24-205-625-0001-00 8311.248 $ 415.56
Paul R Korndorfer 1891 61-24-205-625-0002-00 7853.868 $ 392.69
SHM Great Lakes 1920 61-24-205-596-0008-00 1213002.252 $ 2,000.00
The Only Cannoli/ Lake Effect Sport/ 1927 61-24-205-627-0001-00 10227.888 $ 511.39
Lakeside Emporium 1930 61-24-205-596-0004-00 15555.276 $ 777.76
Richard P Ghezzi 1937 61-24-205-627-0002-00 9265.212 $ 463.26
Lauren Taylor Eyeware 1945 61-24-205-627-0003-00 5275.116 $ 263.76
1950 Lakeshore Drve LLC 1950 61-24-205-596-0004-20 12026.916 $ 601.35
Level 6 1953 61-24-205-627-0004-00 8280.756 $ 414.04
Lakeside Landing/ Lakeshore Tavern/The Table 1965 61-24-205-627-0005-00 8502.912 $ 425.15
Marine Tap Room 1983 61-24-205-635-0001-00 8154.432 $ 407.72
BTBG Investments LLC 1991 61-24-205-635-0002-00 46121.328 $ 2,000.00
Zaloma's Pizza/Anchor Property Management 2009 61-24-205-635-0006-00 6037.416 $ 301.87
Ghezzi's Market 2017 61-24-205-635-0007-00 8076.024 $ 403.80
Gawkowski Properties Lakeshore LLC 2020 61-24-205-596-0007-00 5654.088 $ 282.70
Apple Knits and Purls 2033 61-24-205-636-0001-00 7531.524 $ 376.58
Complete Automotive Servies 2034 61-24-205-597-0001-00 9487.368 $ 237.18
Auto Body Clinic 2054 61-24-205-597-0004-00 7614.288 $ 190.36
Cannon Service Center/ Shoreline Service Bait 2080 61-24-205-597-0005-00 15071.76 $ 376.79
Lakeshore Federal Credit Union 2182 61-24-205-597-0017-00 32569.812 $ 1,628.49
Daniel C. Swarwar D.D.S P.C 2187 61-24-205-641-0005-00 10807.236 $ 540.36
Lakeshore Environmental Inc. 2341 61-24-205-664-0011-00 7923.564 $ 396.18
Lotta Lakeshore 2445 61-24-205-677-0005-00 9474.3 $ 473.72
Waters Edge Fitness 2465 61-24-205-678-0001-02 16552.8 $ 827.64
Frosty Cove 2565 61-24-205-693-0001-01 39012.336 $ 1,950.62
TOTAL 1681864.668 $ 24,011.03
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/27/2020 Title: Lakeside Corridor Improvement
Authority Pre-Ratification Public Hearing
Submitted By: Jake Eckholm Department: Economic Development
Brief Summary: The Lakeside BID Board has petitioned the City to allow for the creation of a
Corridor Improvement Authority and corresponding Tax Increment Financing Plan. A public
hearing to take comments concerning the creation of the Authority and its boundaries must take
place, and has been duly posted, published, and noticed.
Detailed Summary:
The Lakeside Business Improvement District Board has requested a Corridor Improvement
Authority to generate TIF revenues and eventually phase out their Business Improvement District
special assessment. This public hearing is required by state statute so that the Commission may
take comments on the boundaries and establishment of the Authority. The public within the
proposed boundaries and the impacted tax authorities were mailed notice of this hearing, and it
was publicly posted in conspicuous locations within the proposed boundary. The notice was also
published twice in a newspaper of record, pursuant to state law. Not less than 60 days following
this hearing, the City Commission may adopt an ordinance formally establishing the Authority, and
may then appoint a board after due filing of that ordinance with the Michigan Department of
Treasury.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: N/A
For City Clerk Use Only:
Commission Action:
Economic Development Tools—Corridor Improvement
Authority
Introduction
A Corridor Improvement Authority (CIA) allows the use of tax increment financing to make capital improvements within an
established commercial district. It allows communities that already have Downtown Development Authorities to extend
similar benefits to aging commercial corridors outside the DDA district or that extend through more than one municipality.
Authorizing Legislation
PA 57 of 2018, MCL 125.4602-4629, authorizes a city, village, or township to create one or more Corridor Improvement
Authorities.
What Is the Purpose of the Act?
The Act is a tax increment financing (TIF) tool to promote economic development. A CIA is designed to assist economic
development and redevelopment in established commercial districts. It allows communities to combine tax dollars from a
variety of sources to leverage economic development dollars.
How Can this Act Be Used?
Specifically, this Act allows TIF to be used for commercial and economic growth in commercial districts in cities, villages,
and townships. Local units can use taxes arising from increased property values through TIF to pay for improvements to
commercial areas along arterial or collector streets and roads. Corridor improvements may include improvements to the
land, as well as constructing, rehabilitating, preserving, equipping, or maintaining buildings within the development district
for public or private use. These improvements may be financed initially through bonding, which may be repaid from the
enhanced property tax revenue stream, special assessments, and fees.
This section of the Act provides for transit-oriented development and transit-oriented facilities in CIAs and other economic
development tools. “Transit-oriented development” means infrastructure improvements that are located within one-half
mile of a transit station or transit-oriented facility that promotes transit ridership or passenger rail use. “Transit-oriented
facility” means a facility that houses a transit station in a manner that promotes transit ridership or passenger rail use. In
addition, municipalities can now set up transit TIF districts using this Act. These new TIF districts do not allow for other
governmental units to opt-out of tax capture (counties, libraries, community colleges, etc.).
How Is this Act Different?
This Act is designed to rehabilitate, renovate, and prevent the deterioration of established commercial business districts not
eligible under the DDA Act. The district must be adjacent to a road classified as an arterial or collector road by the Federal
Highway Administration, contain at least 10 contiguous parcels or five contiguous acres with more than 1/2 of the existing
ground floor square footage classified as commercial property under the General Property Tax Act. In addition, residential
commercial or industrial use must have been allowed under the zoning ordinance for the immediately preceding 30 years,
the area must be presently served by municipal water and sewer, and the area must be zoned for mixed-use including high
density residential. In addition, a municipality may have more than one CIA, and a CIA may be intergovernmental.
What Are the Financing Options?
• Tax increment revenues
• Sale of bonds
• Special assessments
Michigan Municipal League І updated February 2019 1
Establishing a Corridor Improvement Authority
Note: The following steps are offered as general guidelines only. A municipality should consult with an attorney prior to
initiating the process of creating a CIA.
1. Adopt a resolution declaring intent.
2. Publish (20-40 days before the hearing), post (20 days before the hearing in 20 places) and mail (to the governing body
of each taxing jurisdiction 20 days before the hearing) notice of public hearing.
3. Hold public hearing on the establishment of the authority and on the boundaries of the district.
4. Adopt an ordinance not less than 60 days following the public hearing establishing the authority and designating the
boundaries of the proposed development area.
5. File and publish the ordinance.
6. Appoint the board.
Reporting Requirements
See p 4-6 (attached to this Fact Sheet) for 2019 reporting and public informational meeting requirements.
Provisions of the Corridor Improvement Authority Act
• Authorizes a city, village or township to create one or more Corridor Improvement Authorities by ordinance after
providing notice and holding a public hearing. The local unit shall also designate the development area boundaries by the
ordinance.
• Provides for the supervision and control of an authority by a board that includes the city, village or township chief
executive officer and five to nine additional members. At least one member of the board shall be a resident of the district
or of an area within 1/2 mile of the district and a majority of the board shall have a ownership or business interest in the
development area.
• Allows a board to hire a director to serve as chief executive officer of the authority, subject to the approval of the city,
village or township governing body and other personnel as it feels necessary.
• Allows an authority to prepare and submit to the city, village or township governing body a tax increment financing plan,
which must include a development plan for the authority's development area. TIF plans and development plans are subject
to public hearings and affected local taxing jurisdictions must be notified. Except for certain qualified development areas,
the governing body of another taxing jurisdiction may, by resolution, exempt its taxes from capture during the plan
adoption process. Further, taxes levied for public library purposes, which are approved by voters after December 31, 2016
are exempt from capture unless a library board or commission allows all or a portion of its taxes to be included as tax
increment revenues under the terms of a written agreement with an authority.
• Provides for the financing of authority activities, including borrowing money and issuing bonds. With local unit approval,
the authority could issue negotiable revenue bonds under the Revenue Bond Act, which are not a debt of the local unit
unless the governing body pledges the full faith and credit to support the authority’s revenue bonds.
• Allows an authority to authorize, issue, and sell tax increment bonds, or the local unit to authorize, issue, and sell its
limited tax general obligation bonds, each to finance a TIF plan's development program.
• Requires a city, village, or township to dissolve an authority after it has completed its purpose, and provides that the
authority's property and assets remaining after the satisfaction of its obligations would belong to the local unit.
• Allows the governing body, at the request of the CIA board, from time to time to amend either the development or TIF
plans. It may also amend the boundaries of the CIA district. However, caution should be taken amending either the plan or
the boundaries as the other taxing units (county, schools, etc.) may opt out.
Michigan Municipal League І updated February 2019 2
Corridor Improvement Authority Board Powers:
• Prepare an analysis of economic changes taking place in the development area.
• Study and analyze the impact of metropolitan growth upon the development area.
• Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or
reconstruction of a public facility, an existing building, or a multiple-family dwelling unit which may be necessary or
appropriate to the execution of a plan which, in the opinion of the board, aids in the economic growth of the development
area.
• Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier
free design requirements of the state construction code (1972 PA 230, MCL 125.150).
• Develop long-range plans, in cooperation with the agency that is chiefly responsible for planning in the municipality,
designed to halt the deterioration of property values in the development area and to promote the economic growth of the
development area, and take steps as may be necessary to persuade property owners to implement the plans to the fullest
extent possible.
• Implement any plan of development in the development area necessary to achieve the purposes of this Act in accordance
with the powers of the authority granted by this Act.
• Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties.
• On terms and conditions and in a manner and for consideration the authority considers proper or for no consideration,
acquire by purchase or otherwise, or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other
property, real or personal, or rights or interests in the property, that the authority determines is reasonably necessary to
achieve the purposes of this act, and to grant or acquire licenses, easements, and options.
• Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate
any building, including multiple-family dwellings, and any necessary or desirable appurtenances to those buildings, within the
development area for the use, in whole or in part, of any public or private person or corporation, or a combination thereof.
• Fix, charge, and collect fees, rents, and charges for the use of any facility, building, or property under its control or any part
of the facility, building, or property, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the
authority.
• Lease, in whole or in part, any facility, building, or property under its control.
• Accept grants and donations of property, labor, or other things of value from a public or private source.
• Acquire and construct public facilities.
• Conduct market research and public relations campaigns, develop, coordinate, and conduct retail and institutional
promotions, and sponsor special events and related activities.
• Contract for broadband service and wireless technology service in a development area.
This publication was written by the law firm of Miller Canfield.
Michigan Municipal League І updated February 2019 3
New DDA/TIF Reporting and Public Informational Meeting Requirements
Pursuant to the Recodified Tax Increment Financing Act
2018 PA 57 (Effective January 1, 2019)
Introduction: The Recodified Tax Increment Financing Act, 2018 PA 57 (the “Act”), was
signed into law on March 15, 2018 and took effect on January 1, 2019. The Act
consolidates the legislative authority to create and operate tax increment
authorities (other than brownfield redevelopment authorities) into a single
statute.
The Act imposes new, uniform reporting requirements on most authorities1
and their related municipalities, new public informational meeting
requirements, authorizes the Department of Treasury to enforce the Act, and
prohibits authorities in breach of these reporting requirements from capturing
tax increment revenues in excess of the amounts necessary to pay bonded
indebtedness and other obligations of the authority for the period of
noncompliance.
The new reporting and public informational meeting requirements are set
forth below:
What: Send a Copy of Current TIF Plan to Treasury
When: No later than April 1, 2019
Why: MCL 125.4912
How: Authority must send a copy or an electronic mail link of its currently adopted
development plan or its currently adopted tax increment finance plan, if
separate from the development plan, to the Department of Treasury.
What: Hold Two Informational Meetings Annually
When: Biannually beginning January 1, 2019
Why: MCL 125.4910(4)
How: The board of an authority shall hold at least 2 informational meetings (which
may be held in conjunction with other public meetings of the authority or
municipality). Notice must be published on the municipality's or authority's
website not less than 14 days before the date of the informational meeting.
Notice must also be mailed not less than 14 days before the informational
meeting by the authority to the governing body of each taxing jurisdiction
levying taxes that are subject to capture. As an alternative to mailing notice,
the authority may notify the clerk of the governing body of each taxing
jurisdiction by electronic mail.
1
These requirements apply to Downtown Development Authorities, Tax Increment Finance Authorities, Local Development
Finance Authorities, Corridor Improvement Authorities, Water Resource Improvement Authorities, Neighborhood
Improvement Authorities, and municipalities incorporating any one of these authorities.
What: Post TIF Information on Municipal Website
When: 180 days after end of authority's current Fiscal year as of Jan. 1, 2019
Why: MCL 125.4910(1)
How: The municipality must create a website or utilize the municipality's existing
website with access to authority records and documents, including all of the
following:
(a) Minutes of all board meetings.
(b) Annual budget, including encumbered and unencumbered fund balances.
(c) Annual audits.
(d) Currently adopted development plan, if not included in a tax increment
financing plan.
(e) Currently adopted tax increment finance plan, if currently capturing tax
increment revenues.
(f) Current authority staff contact information.
(g) A listing of current contracts with a description of those contracts and
other documents related to management of the authority and services
provided to the authority.
(h) An updated annual synopsis of activities of the authority. An updated
synopsis of the activities of the authority includes all of the following, if any:
(i) For any tax increment revenues described in the annual audit that are
not expended within 5 years of their receipt, a description that provides
the following:
(A) The reasons for accumulating those funds and the uses for which
those funds will be expended.
(B) A time frame when the fund will be expended.
(C) If any funds have not been expended within 10 years of their
receipt, both of the following:
(I) The amount of those funds.
(II) A written explanation of why those funds have not been
expended.
(ii) List of authority accomplishments, including progress made on
development plan and tax increment finance plan goals and objectives for
the immediately preceding fiscal year.
(iii) List of authority projects and investments, including active and
completed projects for the immediately preceding fiscal year.
(iv) List of authority events and promotional campaigns for the
immediately preceding fiscal year.
What: Send Annual Report to Treasury, Municipality and Taxing Units
When: 180 days after the end of an authority's fiscal year
Why: MCL 125.4911(1)
How: An authority that is capturing tax increment revenues must submit a report,
on a form to be provided by Department of Treasury, to the municipality, the
governing body of each taxing unit levying taxes which are subject to capture
by the authority, and the Department of Treasury. The report shall include all
of the following:
Page | 2 courtesy of Steven Mann, principal, Miller Canfield
(a) The name of the authority.
(b) The date the authority was formed, the date the tax increment financing
plan is set to expire or terminate, and whether the tax increment financing
plan expired during the immediately preceding fiscal year.
(c) The date the authority began capturing tax increment revenues.
(d) The current base year taxable value of the tax increment financing district.
(e) The unencumbered fund balance for the immediately preceding fiscal year.
(f) The encumbered fund balance for the immediately preceding fiscal year.
(g) The amount and source of revenue in the account, including the amount of
revenue from each taxing jurisdiction.
(h) The amount in any bond reserve account.
(i) The amount and purpose of expenditures from the account.
(j) The amount of principal and interest on any outstanding bonded
indebtedness.
(k) The initial assessed value of the development area or authority district by
property tax classification.
(l) The captured assessed value retained by the authority by property tax
classification.
(m) The tax increment revenues received for the immediately preceding fiscal
year.
(n) Whether the authority amended its development plan or its tax increment
financing plan within the immediately preceding fiscal year and if the authority
amended either plan, a link to the current development plan or tax increment
financing plan that was amended.
(o) Any additional information the governing body of the municipality or the
Department of Treasury considers necessary.
Page | 3 courtesy of Steven Mann, principal, Miller Canfield
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Title: Coronavirus Aid, Relief, and Economic
Date:10/27/2020 Security Act (CARES Act) - CDBG COVID19
Funding Budget
Submitted By: Oneata Bailey Department: CNS
Brief Summary: To approve the budget for CARES Act funding received by the City of Muskegon
totaling $794,564. The eligible activities for the money are: Child Care, Utilities, Businesses, Food
Assistance, Parks, and Youth Programs.
Please see attachments: CARES Act – CDBG COVID19 Budget
Amount Requested: Amount Budgeted: $794,564
Fund(s) or Account(s): CARES Act Fund(s) or Account(s):
COVID19 2020, Total Allocation
Recommended Motion: To approve activities and budget for the CARES Act – CDBG
COVID19.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
=
CARES Act - CDBG COVID19 BUDGET
Total Allocation $ 794,654.00
Child Care $ 50,000.00
Utilities $ 350,000.00
Businesses $ 100,000.00
Food Assistance $ 50,000.00
Parks $ 50,000.00
Youth $ 35,736.00
Admin $ 158,918.00
TOTAL $ 794,654.00
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 27, 2020 Title: MSA - SCBA Replacement
Submitted By: Director Jeffrey Lewis Department: Public Safety
Brief Summary: The Fire Department is requesting to replace their aging ISI SCBA's (self-contained
breath apparatus). We have a revised quote that shows if we give them a verbal/written approval (by
Oct 30th) we'll be able to secure the price listed of $ 232,000 (for total replacement). The equipment
would be purchased and in service by June of 2021. Through a county wide purchase plan we are
being offered the above price. If we don’t act on this offer our sole price would be $ 283,000.00 to
replace.
The current ISI (SCBA's) will become “end of life” within 18 months, and our ability to service the
equipment ends in April of 2020. Support from authorized dealers becomes questionable, the “free
battery” program ends - the estimated cost for batteries is approximately $ 10,000.00 annually.
Detailed Summary: See attachment(s)
Amount Requested: $232,565.00 Amount Budgeted: N/A
Fund(s) or Account(s): 404 – Public Imp Fund
*Possibly Financing available*
Recommended Motion: Approve the purchase of new MSA SCBA equipment at the reduced rate.
Check if the following Departments need to approve the item first:
Police Dept. ☐
Fire Dept. ☒
IT Dept. ☐
For City Clerk Use Only:
Commission Action: