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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 12, 2021 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Purchase Vacant Property – 209 Merrill Planning
C. Muskegon Area Sports Hall of Fame Lease Arena
D. Buekema Playground – REVISION Public Works
E. Ride Muskegon Operating Agreement City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. West Urban Properties PILOT Agreement Progress Report and Phase II
Authorization City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
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□ 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 12, 2021 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the September 13, 2021 Worksession, the September
14, 2021 Regular Meeting, and September 28, 2021 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, September 13, 2021
5:30 p.m.
City Commission Chambers
Minutes
2021-73
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, and German
Absent: Commissioner Ramsey
Alley Paving Policy
The Department of Public Works Director, Leo Evans, presented an Alley Paving Policy
for City Commission consideration. An overview of the process is as follows:
Citizens organize amongst their block and complete a (3) three-page application to
petition the city to have their alley paved. Application requires designation of a Block
Captain to serve as the single point of contact, information on the specific alley, and a
roll for the parcels with alley frontage.
The city staff will review all applications and create a shortlist of alleys to be paved on
an annual basis. Alleys will be reviewed and prioritized based on access, ownership,
utility conditions, use types/frequency, DPW availability for the work, and neighbor
support. Not all alleys are candidates for paving. City staff will communicate with the
Block Captain on the findings and recommendations.
Unanimous support is not necessary to proceed, however majority support is
necessary, and the higher the support the higher the priority.
Once an alley is selected the Block Captain is responsible to collect the fees associated
with the paving request and deliver them to the City. Once paid the City will schedule
the work during the available paving season (May – October) based on staff availability.
Work will take approximately 1 week to complete and residents are asked to minimize
their use of the alley during the work.
Alley paving will consist of a singe 12 FT wide late at approximately 2 inches thickness
asphalt. No flare outs or widening will be constructed. Any additional work to extend
existing paved driveways to meet the paved alley is the homeowners responsibility. City
will maintain the alley for its useful life, when full replacement is warranted the process
must be restarted.
Discussion took place regarding the proposed policy. This item will be considered at a
regular meeting in the future.
Draft Deer Hunting Ordinance
Department of Public Works Director, Leo Evans, presented a draft deer hunting
ordinance for City Commission Consideration. An overview of the process is as follows:
Parcels would apply for status as a designated Deer Management Area (DMA). Staff
would review applications and present a recommendation to the Commission for
approval. Staff would review the following in determining their recommendation:
• Size of parcel (Minimum 5 Acres between maximum of 2 parcels)
• Appropriate areas within the parcel
• Number of hunters
• Shooting Direction
• Duration of DMA designation
Public and/or Private parcels could be considered for DMA status; combined public and
private parcels, to meet the 5-acre minimum, would not be considered.
Hunters are required to meet all MDNR rules and regulations, only archery hunting is
allowed and only during MDNR approved archery seasons. A legal MDNR harvest tag
must be possessed by the hunter and used if a deer is harvested.
Hunting within a public land DMA requires issuance of a permit from the City. A city
issued permit is not required for private land.
150 FT setback required from any public building, street, and DMA perimeter is
required.
Hunters may not trespass for any reason.
Discussion took place regarding the proposed ordinance. This item will be considered at
a regular meeting in the future.
ARP Infill Housing Program
City staff has developed and released a Request for Qualifications for homebuilders to
participate in our ARP Infill Housing Program. We received a total of four responses.
Staff is recommending that all four builders be selected to submit formal proposals to
construct homes as part of the ARP Infill Housing Program. LRS Enterprises submitted
to construct five homes; Williams Construction submitted to construct six homes;
Kramer Builders submitted to construct three homes, and West Urban Properties
submitted to construct the full $5 Million program. We are using a rough estimate of
$250,000 per home, the actual costs will be determined as the builders bid their specific
projects with their subcontractors. The breakdown will look something like this:
Builder/Developer City ARPA Funds Developer Funds
LRS Enterprises $750,000 $750,000
Williams Construction $750,000 $750,000
Kramer Builders $250,000 $250,000
West Urban Properties $3,250,000 $3,250,000
Discussion took place regarding the ARP Infill Housing Program. This item will be
considered at the September 14, 2021 regular City Commission meeting.
Arena Buildout – Carlisle’s
Carlisle’s restaurant is officially moving forward at Mercy Health Arena. Staff is seeking
approval to perform the construction activities.
After more then two years of planning, we have started demolition of the front entryway
at the arena to accommodate the facility’s newest restaurant. There are a number of
logistics related to the construction timing that is resulting in a logical path forward that
includes the City managing the construction project and timeline.
There are a number of key milestones that we must hit, including the two greatest
issues: moving doors for the opening of the hockey season in October, and building in
compliance with our liquor license. Our lease with Carlisle’s calls for them to begin
construction after the DDA liquor license is secured – that may take much of October
and is not acceptable to the Lumberjacks. To expedite the process, the Arena is
seeking to undertake and manage the construction efforts. We would enter into the
construction contract with Platinum Construction (Carlisle’s contractor). Carlisle’s
ownership group would then pay us in full once construction is complete. Not that we
have their bank approval letter, and their financing is already set. The buildout will take
8-10 weeks at an estimated cost of $647,202.49.
Discussion took place regarding the Arena Buildout for Carlisle’s. This item will be
considered at the September 14, 2021 regular City Commission meeting.
Marihuana Facilities Update
Jill Montgomery-Keast from Public Health Muskegon County updated the City
Commission on how funding is being used to provide education, communication, and
outreach related to the use of marihuana. The education is harm-reduction focused.
Discussion took place about partnering with the Health Department on the education
campaign.
Mike Franzak, Planning Manager, updated the City Commission on Social Equity grants
that have been awarded. Two have been awarded. Mr. Franzak also provided some
suggested amendments to the Social Equity grant program. The Planning Department
is also working the County Clerk to hold an expungement clinic.
Mike went on to provide the Commission with some suggested Zoning changes that will
be discussed at an upcoming Planning Commission meeting. The suggestion includes
some rezoning in the Lakeside area to allow for certain marihuana license types. The
current zoning in that area does not allow for most of these types of businesses.
Public Comment – No public comments were received.
Adjournment – The Worksession meeting adjourned at 8:36 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 14, 2021 @ 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, September 14, 2021, Mr.
George Munroe, Evanston Avenue Baptist Church, 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 5:36),
Commissioners Ken Johnson, Dan Rinsema-Sybenga, and Teresa Emory, City
Manager – Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Commissioners Willie German and Michael Ramsey
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2021-84 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 24, 2021 Regular
Meeting.
STAFF RECOMMENDATION: To approve the minutes.
B. Financing 100-Foot Mid Mount Tower Ladder Truck Finance
SUMMARY OF REQUEST: At this time, we are seeking authorization to enter into a
lease agreement with Team Financial for the purchase of a 100-foot Mid Mount
Tower Ladder Truck.
At the August 10, 2021 City Commission meeting the Commission voted to
purchase two Fire Trucks. By the end of September, the 100-foot Mid Mount
Tower Ladder Truck will be ready to purchase for $1,370,873. At this time, we are
seeking authorization to enter into a lease agreement with Team Financial. The
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proposed terms are for a five -year lease at 1.78% interest rate with the City
purchasing the truck at the end of the lease for $1. There is a one-time $500.00
processing fee.
AMOUNT REQUESTED: $1,370,873.00
AMOUNT BUDGETED: $286,740.00 for 5 years
FUND OR ACCOUT: General – 101-50336-5700
STAFF RECOMMENDATION: To approve the lease agreement with Team
Financial.
C. Increase in General Fund Transfer to Mercy Health Arena and the Public
Service Building Finance
SUMMARY OF REQUEST: The Mercy Health Arena fund and the Public Service
Building fund require a larger transfer from the General fund then what was
budgeted to prevent a deficit. Mercy Health Arena needs an additional
$25,000 transferred from the General Fund and the Public Service Building
needs an additional $425,000 transferred from the General Fund.
Based on financial results for the fiscal year end June 30, 2021 the Mercy
Health Arena and the Public Service Building fund required a larger transfer
from the General Fund then what was budgeted in the 4th quarter reforecast,
to prevent a fund deficit. The Mercy Health Arena fund needs to be
increased from $700,000 to $725,000 and the Public Service Building fund
needs to be increased from $200,000 to $625,000.
AMOUNT REQUESTED: $1,350,000 AMOUNT BUDGETED: $900,000
FUND OR ACCOUNT: 101, 254, 642
STAFF RECOMMENDATION: To approve the increase to the General Fund
transfers for the Mercy Health Arena to $725,000 and the Public Service
Building to $625,000.
D. Western Avenue ADA Work Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to partner on several
projects along Western Avenue to improve the ADA Access throughout the
corridor.
The City Commission allocated $200,000 towards ADA work in the FY 21/22
budget as shown in line 101-91116. City staff is proposing a series of partnerships
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along Western Avenue to enhance the accessibility and pedestrian experience
along the corridor.
Frauenthal
The Frauenthal is underway installing a snow melt system on the sidewalk in front
of the Frauenthal and the Hilt Building as a part of their capital project which
also includes replacing the ceiling of the Hilt Building basement which is under
the sidewalk. The snowmelt system will be installed, operated and maintained
by the Frauenthal at no cost to the City. Staff is seeking permission to allocate
$120,000 towards the cost of removing and replacing the existing sidewalk in
partnership on the project.
Staff is seeking to utilize the remaining $80,000 towards two projects along
Western Avenue and possibly supplement with additional Major Street dollars if
necessary. An exact split between these two is yet to be determined.
3rd – 4th Block (West Half)
This project will involve removal of several parallel parking spaces along Western
Avenue and widening the sidewalk. Instead of a barrier curb a gutter will be
placed along the edge of the roadway allowing for the area formerly used by
the parallel parking spaces to be either used as additional pedestrian space
and/or parallel parking spaces. This is a half-block long model similar to what
the City of Detroit completed on Bagley Street -
https://detroit.curbed.com/2020/1/16/21068713/bagley-street-mexicantown-
detroit-shared-street The goal is to create a barrier free interface from building
face to building face that can be used as the situation dictates. This would be a
trial concept to prove the notion for later use on a large scale.
1st – 2nd Block (West Half / North Side)
This project would be a partnership with the Leonard to eliminate several angle
parking spaces on Western in front of the Leonard, and several parallel spaces
along 2nd Street adjacent to The Leonard. The goal of this project would be to
offer increased pedestrian and plaza space for use as social district space,
and/or in conjunction with a future restaurant type operation located on the
ground floor of The Leonard.
In all of these projects the split of this $200,000 may not fully fund the project and
additional funds may be required. This proposal is just the first step in funding
each of these projects.
AMOUNT REQUESTED: $200,000 AMOUNT BUDGETED: $200,000
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FUND OR ACCOUNT: 101-91116
STAFF RECOMMENDATION: Authorize staff to utilize the $200,000 allocation
for ADA Projects in partnership with multiple projects along Western Avenue.
E. Extension of CHOP Contract Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to extend an existing
contract with CHOP Tree Service during Fiscal Year 21/22 in the amount of
$75,000 for As-Needed Forestry Services.
The City Commission allocated $75,000 towards Contractual Forestry Work under
line 101-70771-5300 in the 21/22 Fiscal Year. Staff is requesting authorization to
extend our existing contract with CHOP, Inc. who was the low bidder selected
for the same work during the 20/21 Fiscal Year. CHOP, Inc. has been a great
contractor and helped partner with us successfully complete several forestry
projects during the previous fiscal year.
Staff has previously utilized CHOP for work outside of the road right-of-way when
performing tree work on development projects, and for large scale projects
where CHOP can provide increased resources to address large projects
(Lakeside Cemetery & Musketawa Trail).
Staff is requesting to award the $75,000 budgeted to CHOP as an extension for
the 21/22 Fiscal Year and not repost the work for competitive bids. During the
previous bidding cycle CHOP was the only bid accepted. A copy of the bid
sheet submitted during the 20/21 open competitive bidding is provided for
reference.
AMOUNT REQUESTED: $75,000 AMOUNT BUDGETED: $75,000
FUND OR ACCOUNT: 101-70771-5300
STAFF RECOMMENDATION: Authorize staff to extend the existing contract
with CHOP Tree Service in the amount of $75,000 for completion during the
21/22 Fiscal Year.
F. Laketon Trail Lighting Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to award a contract to
J&J Electrical LLC for the construction of lights along a portion of the Laketon
Trail.
Staff solicited bids for a project to install trail lighting on a portion of the Laketon
Trail between Peck and 7th Street. This area is located within the marihuana
district and the existing street lights along Laketon Avenue are all on the south
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side of the street, across from the path leading to less than desirable lighting
levels along the pathway in particular at the street crossings. Bids were received
on August 24, 2021 with the low bid coming from J&J in the amount of
$94,037.00.
Staff has not worked with J&J previously and conducted a meeting with them
on August 30, 2021 to assess their understanding of the project and gauge their
ability to complete the work. It is the opinion of staff that J&J fully understands
the project and is appropriately positioned to complete the work as outlined.
The original bid did not include the installation of receptacles on the poles. As
such staff requested a price to add this into the project which wat quoted at
$7,379.00. Adding this amount to the original bid creates a proposed contract
cost of $101,416 which is still below the 2nd lowest bidder.
The funding for this project is derived from the Marihuana Business Fees
collected. Business are required to install decorative lighting on their site or make
a donation to the city to install lighting elsewhere. In 20/21 the City collected
$66,965 from this fee with anticipation of collecting an additional $30,000 during
the current fiscal year. Staff felt that the use of the lighting on the path in the
marijuana district improved an existing problem and also focused those dollars
back to the primary area that generated the revenue. The project will need to
be included in a future reforecast of the budget if approved.
J&J Electrical LLC is located within the City of Muskegon.
AMOUNT REQUESTED: $101,416.00 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 101
STAFF RECOMMENDATION: Authorize staff to approve a contract with J&J
Electrical LLC in the amount of $101,416.00 for the construction of a pedestrian
lighting system along the Laketon Avenue Trail between Peck and 7th.
G. Police Cruiser Replacement Public Works
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase three (3) Chevy Tahoes to replace existing vehicles in the Police
Department fleet.
Tahoes will be purchased from Berger Chevrolet, the Mi-Deal contract holder.
The price of this vehicle is $38,836.00 each for a total price of $116,508.00
coming from the Equipment budget. These vehicles were budgeted for
replacement in the 21/22 budget.
AMOUNT REQUESTED: $116,508 AMOUNT BUDGETED: $117,000
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FUND OR ACCOUNT: Equipment
STAFF RECOMMENDATION: Authorize staff to purchase three (3) Chevy
Tahoes replacement vehicles for Police Department.
H. Special Event Fee Waiver Form Public Works
SUMMARY OF REQUEST: To amend the current Special Event Fee Waiver Form to
allow some fees to be waived at the staff level.
This is the same application that was presented at the July Work Session. Event
fees under $2,500 would be eligible to be waived at various percentages based
on the answers to the questions on the form. Fees over $2,500 will still go before
the Commission.
STAFF RECOMMENDATION: Approve the revisions to the Special Event Fee
Waiver Application for events scheduled in 2022 and authorize staff to waive
fees for events scheduled in 2022 and authorize staff to waive fees per the
stated requirements when less than $2,500.
I. Sanford Street and Glenside Phase 2 Engineering Assistance Public
Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve the
Professional Services Agreement with Prein & Newhof to provide comprehensive
engineering services for the design of water and sewer projects schedule for
construction in 2023 and planned for financing within the state revolving loan
fund programs during state fiscal year 2022.
Staff is planning to pursue two (2) primary water/sewer projects as a part of the
State of Michigan Revolving Loan programs (DWRF/SRF) during the State 2022
Fiscal Year. These projects would be constructed during 2023.
Sanford Street
This is the last phase of a three-phase project of which Prein & Newhof has
completed the prior two phases. The first was completed in 2020 and included
work on several alleys in additional to work on Jefferson and Strong. The second
was completed in 2021 and included work on Peck Street. This project will
include complete water/sewer upgrades on Sanford from Merrill south to
Laketon. In addition, staff is proposing to fund the remainder of Sanford Street
north to Apple as ineligible (SRF/DWRF) expense. The project will include a
substantial reduction in the width of Sanford Street (40 Ft – 27 Ft) and is proposed
to replace one of the sidewalks with a bike path that will connect from the
Laketon to Lakeshore Trails.
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Glenside Phase 2
The first phase of this project was completed in 2020 and included work on
Westwood Street. This project will be focused on Hadden Street which will allow
for the eventual abandonment of the utilities in the non-existent alley between
Westwood and Hadden.
Both projects are budgeted in the 21/22 budgets and will also have allocations
included in the future 22/23 and 23/24 fiscal years. The two projects represent an
approximately $8.5M Investment of which nearly $2.5M will be forgiven through
the loan program based on our qualification as a disadvantaged community.
AMOUNT REQUESTED: $862,300 (FY 21/22, 22/23, & 23/24)
AMOUNT BUDGETED: $400,000 (FY 21/22)
FUND OR ACCOUNT: 202/590/591
STAFF RECOMMENDATION: Authorize staff to sign the professional services
agreement with Prein & Newhof to provide Engineering Services for the water,
sewer, road, and bike path projects on Sanford Avenue and Glenside Phase 2.
J. Bulk Sticker Fee Adjustment Public Works
SUMMARY OF REQUEST: Staff is requesting Commission approval to adjust the
user fee for Bulk Item stickers from the current rate of $2/EA or 6 for $10 to a new
proposed rate of $3/EA and 4 for $10.
Staff is planning to increase the user fee for bulk item stickers and begin to offer
free bags with the purchase of a sticker. Residents purchasing a sticker would be
able to take one bag per sticker. Two bag options would be provided; a heavy
duty 60-gallon bag for miscellaneous items; or a larger thin bag for wrapping a
mattress. The hope is this program will save someone from having to make
separate stop to purchase bags and stickers and make it into a single stop
operation.
STAFF RECOMMENDATION: Authorize a change to the Bulk Item Sticker
pricing in the user fee schedule to $3 per each or 4 each for $10.
K. Amendment to the Floodplain Management Ordinance Planning
SUMMARY OF REQUEST: Staff-initiated request to amend Sections 26-401
through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
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The only change is to the Flood Insurance Rate Map panels listed in Section
26-403.
STAFF RECOMMENDATION: To approve the request to amend Sections 26-
401 through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
L. Sale – 239 Monroe Avenue Planning
SUMMARY OF REQUEST: City staff is seeking authorization to sell the City-owned
home at 239 Monroe Ave. to Dakota J. Crow and Annah Crow.
The city constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. There are additional costs $7,286.12
(switching the range from electric to gas, changing laminate counter tops in the
kitchen from solid to surface, discount kitchen sink, hook up new single-bowl
undermount sink & permits, fees, dumpster.) The accepted purchase price is
$177,900.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete
the sale of 239 Monroe Ave, as described in the attached purchase
agreement and to have the Mayor and Clerk sign the deed.
M. ARP Infill Housing Program City Manager
SUMMARY OF REQUEST: City staff has developed and released a Request for
Qualifications for homebuilders to participate in our ARP Infill Housing Program.
We received a total of four responses.
Staff is recommending that all four builders be selected to submit formal
proposals to construct homes as part of the ARP Infill Housing Program. LRS
Enterprises submitted to construct five homes; William Construction submitted to
construct six homes; Kramer Builders submitted to construct three homes, and
West Urban Properties submitted to construct the full $5Million program. We are
using a rough estimate of $250,000 per home, but the actual costs will be
determined as the builders bid their specific projects with their subcontractors.
The breakdown will look something like this:
Builder/Developer City ARP Funds Developer Funds
LRS Enterprises $750,000 $750,000
Williams Construction $750,000 $750,000
Kramer Builders $250,000 $250,000
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West Urban Properties $3,250,000 $3,250,000
STAFF RECOMMENDATION: Authorize staff to work directly with the following
qualified builders: LRS Enterprises, Williams Construction, Kramer Builders, and
West Urban Properties to submit formal construction proposals to build a
minimum of 40 new single-family homes as part of the ARP Infill Housing Program
at a cost not to exceed $5 Million.
N. Arena Buildout – Carlisle’s City Manager
SUMMARY OF REQUEST: Carlisle’s restaurant is officially moving forward at
Mercy Health Arena. Staff is seeking approval to perform the construction
activities.
After more than two years of planning, we have started demolition of the front
entryway at the arena to accommodate the facility’s newest restaurant. There
are a number of logistics related to the construction timing that is resulting in a
logical path forward that includes the City managing the construction project
and timeline.
There are a number of key milestones that we must hit, including the two
greatest issues: Moving doors for the opening of the hockey season in October,
and building in compliance with our liquor license. Our lease with Carlisle’s calls
for them to begin construction after the DDA liquor license is secured – that may
take much of October and is not acceptable to the Lumberjacks. To expedite
the process, the Arena is seeking to undertake and manage the construction
efforts. We would enter into the construction contract with Platinum
Construction (Carlisle’s contractor). Carlisle’s ownership group would then pay
us in full once construction is complete. Note that we have their bank approval
letter, and their financing is already set. The buildout will take 8-10 weeks at an
estimated cost of $647,202.49.
AMOUNT REQUESTED: $647,202.49 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: Arena Fund
STAFF RECOMMENDATION: Approve the expenditure of $647,202.49 for the
construction of Carlisle’s and amend the budget accordingly to account for
both the expenditure and the reimbursement in the Arena Fund.
O. Sale – 766 Leonard Economic Development
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 766 Leonard in Jackson Hill to Brittany Dlynn Brown.
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The City is constructing this single family detached home as part of our infill
housing program. Our contract to construct two homes was for $425,000, and
the estimated finished costs of this home will be $215,000. We also anticipated
$12,900 in sales commissions. The accepted purchase price is $200,000, and the
incurred sales commissions are $10,000. The City will not contribute funds toward
closing costs outside of the seller’s agent commission. The proceeds of this home
will repay a portion of the Priority Related Investment made by the Community
Foundation for Muskegon County. The sale of the second home in this project
should repay the remainder, and any additional funds will reimburse the
Economic Development Fund for the $75,000 in the project.
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 766 Leonard Street, as described in the purchase agreement.
P. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To appoint Emilio Trejo to the Historic District
Commission.
The CRC recommends appointing Emilio Trejo to the vacant position on the
Historic District Commission – Term expiring 01/31/2022.
STAFF RECOMMENDATION: To concur with the recommendation of the CRC
on the appointment.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to accept the consent agenda as presented.
ROLL VOTE: Ayes: Gawron, Rinsema-Sybenga, Emory, and Johnson
Nays: None
MOTION PASSES
2021-85 PUBLIC HEARINGS:
A. 2020 Consolidated Annual Performance Evaluation Report (CAPER)
Hearing Community and Neighborhood Services
SUMMARY OF REQUEST: The CAPER is available on our website for citizen review
and comment period of 20 days from September 5 -25, 2021. A public Hearing is
another opportunity to comment about the Federal CDBG and HOME program
activities performed during the fiscal year 2020 (July 1, 2020 - June 30, 2021).
Citizen input is a necessary process of program activities for the CDBG/HOME
annual allocations. The 2020 CAPER is another opportunity to comment on the
performance achievements of the annual projects during the Hearing.
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STAFF RECOMMENDATION: To conduct a Public Hearing for the 2020 CAPER
review.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing.
ROLL VOTE: Ayes: Hood, Rinsema-Sybenga, Emory, Johnson, and Gawron
Nays: None
MOTION PASSES
B. Issuance of a Commercial Facilities Exemption Certificate – 441 W.
Western Avenue Planning
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, PH
Holdings LLC (Pigeon Hill Brewing) has requested the issuance of a Commercial
Facilities Exemption Certificate. The certificate will freeze the taxable value of
the building and exempt the new real property investment from local taxes. The
company will be investing $650,000 in upgrades to the building and will create
up to 30 new jobs, which qualifies them for an abatement of four (4) years.
STAFF RECOMMENDATION: To (approve/deny) the request for a Commercial
Facilities Exemption Certificate for a period of four (4) years.
PUBLIC HEARING COMMENCED: Joel Kamp, owner, spoke about the
project.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to close the
public hearing and approve the request for a Commercial Facilities Exemption
Certificate for eight (8) years.
Motion to Amend: Motion by Commissioner Johnson, second by Commissioner
Emory, to amend the previous motion to reflect the duration of ten years for the
Commercial Facilities Exemption Certification.
Vote on Motion to Amend:
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, and Gawron
Nays: Hood
MOTION PASSES
Vote on Original Motion with Amendment:
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, and Gawron
Nays: Hood
MOTION PASSES
Page 11 of 15
C. Issuance of a Commercial Facilities Exemption Certificate (New Facility) –
639 W Clay Avenue Planning
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended,
Indigrow LLC has requested the issuance of a New Facility Commercial Facilities
Exemption Certificate. The certificate will reduce the taxable value of the
building. The company will be investing $1,133,351 into the new building
addition and will create up to 30 new jobs, which qualifies them for an
abatement of 8 years.
This will be an addition to the current building at 639 W Clay Avenue. The new
building will receive its own tax abatement and the rehab to the existing
building will receive its own tax abatement. This will decrease the amount of tax
revenue abated than it would by granting one abatement on the entire project.
STAFF RECOMMENDATION: To (approve/deny) the request for a New Facility
Commercial Facilities Exemption Certificate for a period of eight years.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and approve the request for a New Facility
Commercial Facilities Exemption Certificate for a period of eight years.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, and Hood
Nays: None
MOTION PASSES
D. Issuance of a Commercial Facilities Exemption Certificate (Restored
Facility) – 639 W Clay Avenue Planning
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended,
Indigrow LLC has requested the issuance of a Restored Facility Commercial
facilities Exemption Certificate. The certificate will freeze the taxable value of
the building and exempt the new real property investment from local taxes. The
company will be investing $1,218,561 into restoring the existing building and will
create up to 30 new jobs, which qualifies them for an abatement of 8 years.
This will be for the restoration of the existing building at 639 W Clay Avenue. The
new building will receive its own tax abatement and the rehab to the existing
building will receive its own tax abatement. This will decrease the amount of tax
revenue abated than it would by granting one abatement on the entire project.
STAFF RECOMMENDATION: To (approve/deny) the request for a Restored
Facility Commercial Facilities Exemption Certificate for a period of eight years.
Page 12 of 15
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
close the public hearing and approve the request for a Restored Facility
Commercial Facilities Exemption Certificate for a period of eight years.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, and Rinsema-Sybenga
Nays: None
MOTION PASSES
E. Camcar Plastics IFT Public Hearing Economic Development
SUMMARY OF REQUEST: Camcar Plastics has requested an Industrial Facilities
Tax Abatement for a small new construction addition to their shipping and
receiving department at their Glade Street location.
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved
by the City Commission to score and make recommendations on several
incentive applications recently. Camcar has been working with the division to
apply for a Public Act 198 Industrial Facilities Exemption for an 800 square foot
expansion to their current facility at 1732 Glade Street. The incentive allowed an
eligible entity to apply for a 50% cut in their real property tax liability for up to 12
years, as approved by the local unit of government. The applicant has applied
for the full 12-year abatement.
Based on the new policy, due to the taxable value being created ($72,000), the
number of permanent jobs created (3), the Tax Incentive Committee’s scoring
system dictates a recommendation of 9 years of abatement as opposed to the
maximum of 12.
STAFF RECOMMENDATION: To close the Public Hearing and approve the
Industrial Facilities Exemption application for Camcar Plastics for a term of nine
(9) years.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and approve the Industrial Facilities Exemption
application for Camcar Plastics for a term of nine (9) years.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Rinsema-Sybenga, and Emory
Nays: None
MOTION PASSES
Page 13 of 15
F. Sun Dolphin Drive Industrial Space IFT Transfer Public Hearing Economic
Development
SUMMARY OF REQUEST: InSite Real Estate LLC has requested the transfer of an
existing Industrial Facilities Tax Abatement for industrial real property they have
acquired at 1790 Sun Dolphin Drive.
The new owners of these facilities are leasing them back to the new operators of
KL Outdoor, and the facilities onsite are one of several operated locally in the
injection molding company’s portfolio. InSite is currently not listed the listed
owner of the building on the existing Industrial Facilities Exemption and so they
must request a transfer of termination of the incentive. Naturally, they opted for
a request to transfer the real property exemption, which is scheduled to
terminate December 30, 2026.
The new ownership has recently paid some back property taxes and is eligible
to request said transfer.
STAFF RECOMMENDATION: A motion to close the Public Hearing and
approve the Industrial Facilities Exemption Transfer for IIP Muskegon, MI (1790
and 1880 Sun Dolphin) LLC as presented.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing and approve the Industrial Facilities Exemption
Transfer for IIP Muskegon, MI (1790 and 1880 Sun Dolphin) LLC as presented.
ROLL VOTE: Ayes: Gawron, Hood, Rinsema-Sybenga, Emory, and Johnson
Nays: None
MOTION PASSES
G. Trace Analytical IFT Public Hearing Economic Development
SUMMARY OF REQUEST: Trace Analytical has requested an Industrial Facilities
Tax Abatement for an 8,000 square foot addition to their location at 2241 Black
Creek Road, which would support 18 new employees over the next several
years.
The Tax Incentive Committee has utilized the new Tax Incentive Policy approved
by the City Commission to score and make recommendations on several
incentive applications recently. Trace Analytical Labs has been working with the
division to apply for a Public Act 198 Industrial Facilities Exemption for an 8000
square foot expansion to their current facility at 2241 Black Creek Road. The
incentive allows an eligible entity to apply for a 50% cut in their real property tax
Page 14 of 15
liability for up to 12 years, as approve by the local unit of government. The
applicant has applied for the full 12-year abatement.
Based on the new policy, due the taxable value being created ($600,000), the
number of permanent jobs created (18), the Tax Incentive Committee’s scoring
system dictates a recommendation of 9 years of abatement as opposed to the
maximum of 12.
STAFF RECOMMENDATION: A motion to close the Public Hearing and
approve the Industrial Facilities Exemption application for Trace Analytical Labs
for a term of nine (9) years.
PUBLIC HEARING COMMENCED: Brad Hilleary, from Trace Analytical Labs,
spoke.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Emory, to
close the public hearing and approve the Industrial Facilities Exemption
Application for Trace Analytical Labs for a term of nine (9) years.
ROLL VOTE: Ayes: Hood, Rinsema-Sybenga, Emory, Johnson, and Gawron
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:37 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 15 of 15
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 28, 2021 @ 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, September 28, 2021,
Commissioner Willie German, Jr., 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, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, City Manager – Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
HONORS, AWARDS, AND PRESENTATIONS:
A. Senior Power of Produce Volunteer Recognition
Several people from the Senior Power of Produce program were recognized for
being excellent volunteers. The Senior Power of Produce program provided
$93,000 in produce to area seniors. The program is made possible by the Lions
Club, the City of Muskegon, and Senior Resources Senior Millage dollars. The
Senior Power of Produce served between 1100 and 1400 seniors each Tuesday
for ten weeks this summer.
2021-86 CONSENT AGENDA:
A. Approval of Minutes City Clerk
REMOVED PER STAFF REQUEST
C. Aquarium Feasibility Study Economic Development
SUMMARY OF REQUEST: Staff is requesting authorization to commit funds of the
City to be included in a Feasibility Study as one of two potential locations for the
construction of an aquarium facility in the West Michigan region. The Feasibility
Study would be coordinated by the John Ball Zoo (JBZ) in Grand Rapids and
conducted by Zoo Advisors, Inc.
The JBZ is currently exploring the viability of building a large scale aquarium in
the West Michigan area to compete with similar major marine attractions across
Page 1 of 9
the United States. Staff initiated contact with JBZ officials earlier this Spring to
assess the impact of locating this pivotal tourist destination within the City. The
City is an established tourism and cultural destination throughout the region and
is supported by area educational and Great lakes environmental throughout
the region and is supported by area educational and Great Lakes
environmental research institutions. Exploring the potential of adding a
conservation, research and community education aquatic asset to our
lakeshore community could realize greater social resiliency and further catapult
our local and regional economy’s as a premier national tourism destination. The
City continues to reclaim its former industrial waterfront for a mix of uses
designed to enhance public waterfront access and further connect to our
vibrant downtown and other recreational activities.
Four phases of the 9-12 month Feasibility Study process would include Concept
Development (2-3mo), Preliminary Research Study (3-4mo), Project Modeling (2-
3mo), and Economic Impact (2mo). Results of the Study would further develop
the aquarium concept, assess the operational feasibility of locations in the City
of Muskegon and Kent County, establish attendance estimates, project
preliminary capital investment of construction, and develop economic impacts
associated with construction and operation of the facility in both potential
locations. JBZ has proposed a cost-sharing arrangement for the total cost of the
$227,585 Study. One-third of the fee would be paid by the City of Muskegon,
one-third by Kent County, and the remainder by JBZ.
Based on estimates of a 2018 JBZ Feasibility Study, a $150M aquarium investment
would, at minimum, result in a $100M impact on the regional economies.
According to their website, Zoo Advisors is a full-service planning and consulting
firm focused on helping zoos, aquariums, and conservation organizations
advance their missions, increase impact, and grow sustainability.
The expense will need to be included in a future reforecast of the budget if
approved.
AMOUNT REQUESTED: $75,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: TBD
STAFF RECOMMENDATION: To authorize the commitment of funds to include
the City of Muskegon in a Feasibility Study as a potential location for the
construction of an aquarium facility in the West Michigan region.
D. Reassignment of Building Contracts for 769 Catawba Avenue and 548 E
Dale Avenue CNS
SUMMARY OF REQUEST: To award the Building Contracts of the rehabilitation of
769 Catawba Avenue and 548 E. Dale Avenue to Nassau Construction for the
City of Muskegon’s Homebuyers Program.
Page 2 of 9
Both contracts were previously awarded to Mike Murphy, Custom Exteriors, LLC.
Unfortunately, Mr. Murphy is not able to fulfill his contract to rehabilitate 769
Catawba Avenue and 548 E Dale Avenue.
CNS is requesting that the 2 rehabilitation projects be awarded to the second
bidder – Nassau Construction;
Nassau Construction is a MBE (Minority Business Enterprise) and WBE (Woman-
owned Business Enterprise) with a history of working with the city since 2018 for
our Homebuyers, Lead Safe Muskegon and Muskegon County Senior Millage
programs.
AMOUNT REQUESTED: $91,910 – Catawba Avenue
$81,231 – Dale Avenue
AMOUNT BUDGETED: $220,000
FUND OR ACCOUNT: HOME Program
STAFF RECOMMENDATION: To award Nassau Construction the rehabilitation
contracts for 769 Catawba Avenue and 548 E Dale Avenue.
E. Alley Paving Policy Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the Alley Paving Policy
effective for the 2022 Calendar Year.
The draft Alley Paving policy was discussed at the September 13, 2021
Worksession Meeting. Minor adjustments to the draft policy were made to clarify
the difference between “Residential” and “Non-Residential” parcels.
STAFF RECOMMENDATION: To approve the Alley Paving Policy.
H. Water Filtration Plant Fencing – Change Order #001 Public Works
SUMMARY OF REQUEST: Staff is seeking approval of a change order with Fence
Consultants for $23,260.35 for the fending project at the Water Filtration Plant.
This change order includes the use of Ultra Aluminum fencing in place of the
originally proposed black vinyl coated chain link fencing.
The City Commission previously approved a proposal from Fence Consultants to
replace the Water Filtration Plant fencing on the east side of the plant property.
The project included the replacement of the existing chain link fencing with
black vinyl coated chain link fencing.
Upon further discussion with city staff, it was decided to investigate the cost of
using decorative aluminum fencing that would match the existing fencing on
the west side of the Water Filtration Plant. City staff is now recommending that
Ultra Aluminum fencing be used instead of the originally proposed black vinyl
coated chain link fencing. This upgrade will improve the appearance along the
east side of the plant and provide continuity with the existing fencing that was
Page 3 of 9
upgraded 2018.
AMOUNT REQUESTED: $19,219.44 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: 591-92034-5346
STAFF RECOMMENDATION: Authorize staff to approve the change order from
Fence Consultants for $23,260.35 for the replacement of the fencing and gate
on the east side of the Water Filtration Plant property with Ultra Aluminum
Fencing.
I. Administrative Vehicle Replacement Public Works
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase two Chevy Blaser’s from Berger Chevrolet the State Mi-Deal contract
holder. The price of this vehicle is $32,936.00 each for a total price of $64,872.00
coming from the Equipment budget.
AMOUNT REQUESTED: $64,872.00 AMOUNT BUDGETED: $85,000
STAFF RECOMMENDATION: Authorize staff to move forward with the
purchase.
J. Temporary Art Installation, 1095 Third Economic Development
SUMMARY OF REQUEST: The City Commission is asked to approve the use of the
exterior of the city-owned, former Catholic Social Services building for a
temporary photo exhibit through the end of the year.
Local photographer Patrick Thompson of Pat ApPaul Photography has
requested to use the exterior of the city-owned, former Catholic Social Services
building at 1065 Third to present The Stand phot exhibition through the end of
the year. The city is seeking a new owner to redevelop the office building in
Midtown. The current exterior will be removed. The exhibit will be taken down if a
new owner needs the exterior before the end of the year. The Lemonade Stand
of Muskegon is a residential home in the heart of downtown and Nelson
Neighborhood supporting those with mental health and addiction issues.
Thompson visually captured The Stand in a work that has been published in a
book and in a multi-media presentation. The Stand images would be temporarily
attached to the outside of the building along Third Street for public viewing.
STAFF RECOMMENDATION: To authorize Patrick Thompson of Pat ApPaul
Photography in Muskegon to use the exterior of 1095 Third for The Stand Photo
Exhibition through the end of 2021 or the building is needed by a new owner for
redevelopment.
K. West Urban ARP Development Agreement City Manager
REMOVED PER STAFF REQUEST
L. Holiday Lights on Western Avenue City Clerk
Page 4 of 9
SUMMARY OF REQUEST: Terry Puffer has approached the City with a
commitment to raise $30,000 to decorate the downtown with colorful lights. It’s
a program he would like to add to each year. We have reached out to
Lakeshore Aquascape who can do the decorating. They need to start in two
weeks and require half down.
Terry Puffer is working to secure $15,000 in sponsors to get the project going.
Once he does, we are asking permission to sign an agreement with Lakeshore
Aquascape in the amount of $30,000. If Mr. Puffer is not able to secure the
additional $15,000, the city will need to pay that amount from its PR fund.
AMOUNT REQUESTED: Up to $15,000 AMOUNT BUDGETED: $0
FUND OR ACCOUNT: Public Relations
STAFF RECOMMENDATION: To authorize the Clerk to sign an agreement for
$30,000 in holiday lighting with Lakeshore Aquascape once the $15,000 in
donations are secured.
M. Shoreline Tram Transfer City Clerk
SUMMARY OF REQUEST: We are seeking approval to accept the gift of an 18-
seat Tran, being gifted by Ramos Towing. Acceptance of the gift will allow the
City to add the vehicle to the City’s insurance. Ramos Towing donates hundreds
of hours, paying their staff to run the Shoreline Tram for City events at no charge
while paying $1,000 per month in insurance costs.
STAFF RECOMMENDATION: To authorize the City Clerk to sign the Gift
Agreement for Shoreline Tram gifted by Ramos Towing.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
to accept the consent agenda as presented minus items B, F, and G.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and
Johnson
Nays: None
Absent: Emory
MOTION PASSES
2021-87 REMOVED FROM CONSENT AGENDA:
B. Solid Waste Ordinance Amendment City Manager
SUMMARY OF REQUEST: Staff is seeking approval of an amendment to Chapter
70, Article II of the Code of Ordinances in coordination with the revised
Sanitation Policy.
The newly adopted Sanitation Policy includes revised times when refuse
collection carts can be placed at the curb and restricts where the carts can be
stored. Staff is seeking a change to the Solid Waste ordinance to match the new
Page 5 of 9
standards.
STAFF RECOMMENDATION: To amend and adopt Chapter 70, Article II,
Section 31 (a) of the Code of Ordinances for Solid Waste.
Motion by Commissioner Johnson, second by Commissioner German, to amend
and adopt Chapter 70, Article II, Section 31(a) of the Code of Ordinance for
Solid Waste.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to amend the
motion and have the ordinance language read “Mixed refuse collection carts
shall be removed by the owner and occupant of the residential unit not later
than 7:00 a.m. of the day after the collection day and stored in a discrete
location.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey
to table this item
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
F. Deer Hunting Ordinance Amendment Public Works
SUMMARY OF REQUEST: Staff is requesting approval of an amendment to
Chapter 6 of the Code of Ordinances to incorporate the new Section 6-19
which provides for limited archery hunting options within the City of Muskegon.
The draft Archery Hunting ordinance was discussed at the September 13, 2021
Commission Work Session meeting. No revisions have been made to the draft
ordinance that was presented at that meeting.
STAFF RECOMMENDATION: To amend Chapter 6 of the City Code of
Ordinances with the addition of Section 19.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to amend Chapter 6 of the City Code of Ordinances with the addition of Section
19.
ROLL VOTE: Ayes: Rinsema-Sybenga
Nays: Emory, Johnson, Gawron, Hood, Ramsey, and German
MOTION FAILS
G. Traffic Control Order #71 Public Works
SUMMARY OF REQUEST: Staff is requesting approval of Traffic Control Order #71-
(2021) for the installation of “Yield Signs” at East and West bound Ada Avenue at
Williams Street.
Page 6 of 9
STAFF RECOMMENDATION: To approve Traffic Control Order #71-(2021).
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve Traffic Control Order #71-(2021).
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2021-88 UNFINISHED BUSINESS:
A. Amendment to the Floodplain Management Ordinance – SECOND
READING Planning
SUMMARY OF REQUEST: Staff-initiated request to amend Sections 26-401
through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
The only change is to the Flood Insurance Rate map panels listed in Section 25-
403.
STAFF RECOMMENDATION: To approve the request to amend Sections 26-
401 through 26-405 of the City Code of Ordinances to adopt the new Flood
Insurance Rate Map panels from the National Flood Insurance Program.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the request to amend Section 26-401 through 26-405 of the City
Code of Ordinances to adopt the new Flood Insurance Rate Map panels from
the National Flood Insurance Program.
ROLL VOTE: Ayes: Johnson, Gawron, Good, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
B. Rezoning of 1128 Roberts – TABLED on August 24, 2021 Planning
SUMMARY OF REQUEST: Request to rezone the property at 1128 Roberts Street
from R-1 Single-Family Residential Low Density to MC Medical Care, by Fresh
Coast Alliance.
The Planning Commissioner unanimously (8-0, one absent) recommended
approval of the rezoning and also unanimously approved the special use
permit, contingent upon the rezoning approval by the City Commission.
The case was tabled at the July 27 City Commission meeting. The Commission
requested to prepare a separate agreement that would limit intensive medical
zoning uses at the location. A proposed Conditional Zoning Agreement is
provided.
Page 7 of 9
This item was removed from the table on August 24, 2021 for further discussion
and was then tabled until September 28, 2021.
STAFF RECOMMENDATION: To (approve/deny) the request to rezone the
property at 1128 Roberts Street from R-1 Single-Family Residential Low Density to
MC Medical Care.
Motion by Commissioner Ramsey, second by Vice Mayor Hood, to deny the
request to rezone the property at 1128 Roberts Street from R-1 Single-Family
Residential Low Density to MC Medical Care.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2021-89 PUBLIC HEARINGS:
A. Final PUD Approval at Adelaide Point Planning
SUMMARY OF REQUEST: Request for final Planned Unit Development (PUD)
approval for a mixed-use development at 920/1148/1204 W Western Avenue.
The Planning Commission unanimously recommended approval (5-0, 4 members
absent) at their September 15 meeting, with the following conditions:
1. A stormwater permit is obtained from the Muskegon County Drain
Commissioners Office.
2. Staff approves an amended site plan that addresses the comments from
the Public Works, Fire, and Planning Departments.
STAFF RECOMMENDATION: To approve the request for final Planned Unit
Development (PUD) approval for a mixed-use development at 920/1148/1204 W
Western Avenue with the following conditions: 1)A revised site plan that
addresses narrower streets and water main and fire hydrants locations is
approved by staff 2) The site plan receives a stormwater permit from Muskegon
County Drain Commissioners Office 3) A development agreement that
establishes public accesses requirements is approved by the City Commission.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to close the
public hearing and to approve the request for final Planned Unit Development
(PUD) approval for a mixed-use development at 920/1148/1204 W Western
Avenue with the following conditions: 1) A revised site plan that addresses
narrower streets and water main and fire hydrants locations is approved by staff
2) The site plan receives a stormwater permit from Muskegon County drain
Commissioners Office 3) A development agreement that establishes public
accesses requirements is approved by the City Commission.
Page 8 of 9
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
2021-90 NEW BUSINESS:
A. DDA Liquor License – 1208 8th Street Planning
SUMMARY OF REQUEST: Request for issuance of a DDA On-Premise Liquor
License for Motu Lakeshore Wine Bar, LLC at 1208 8th Street
STAFF RECOMMENDATION: To approve the request for a DDA On-Premise
Liquor License for Motu Lakeshore Wine Bar, LLC at 1208 8th Street.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the request for a DDA On-Premise Liquor License for Motu Lakeshore
Wine Bar, LLC at 1208 8th Street.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Ramsey requested an update at the
next meeting as to what is happening at the Watermark. Commissioner Johnson
announced an expungement clinic to be held on Friday, October 1, 2021 at the
Muskegon Farmers Market from 3:30 p.m. – 7:30 p.m. Mayor Gawron announced
that the City of Muskegon would be hosting the Michigan Municipal League
Convention October 19-21, 2022.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 9:27 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 9 of 9
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 12, 2021 Title: Purchase vacant – 209 Merrill.
Submitted By: Hope Griffith Department: Planning Department
Brief Summary: City staff is seeking authorization to purchase land at 209 Merrill from the State
Land Bank Authority.
Detailed Summary: The city is seeking to purchase the vacant land at 209 Merrill from the State
Land Bank Authority and has offered $500 for the purchase price to construct a single-family home
on. The estimated cost to construct the home is $250,000. The State sent paperwork stating that
the base price starts at $1,500 as a minimum acceptable offer & $100 to process the deed.
Amount Requested:$500 with option to Amount Budgeted: Yes.
negotiable.
Fund(s) or Account(s): Public Improvement Fund(s) or Account(s): Public Improvement
Recommended Motion: Authorize the City Manager to negotiate the purchase price if the State
does not accept the $500 offer and to authorize the Code Coordinator to complete the purchase of
209 Merrill Ave, as described in the attached documents and to have the Mayor and Clerk sign the
resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION TO PURCHASE STATE LAND BANK AUTHORITY-OWNED PROPERTY.
WHEREAS, The State Land Bank Authority has the authority to sell and utilize its properties to
foster the development and to promote economic growth, and;
WHEREAS, the City of Muskegon desires to acquire such lands for purposes of development
and to promote economic growth; and
WHEREAS, the City of Muskegon authorizes the Code Coordinator to sign the documents for
the completion of the purchase on behalf of the City of Muskegon; and
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon intends to construct a
residential home shall set up necessary procedures and controls to provide for the property
distribution of funds arising from the subsequent sale of the acquired property in conformity with
the above mentioned acts.
Adopted this 12th day of October, 2021
Ayes:
Nays:
Absent:
By: _________________________
Stephen J. Gawron, Mayor
Attest: ________________________
Ann M. Meisch, MMC
Clerk
The City of Muskegon is interested in acquiring the following parcels:
1) City of Muskegon Revised Plat 1903 W ½ of Lot 8 Block 80
Parcel # 61-24-205-080-0008-00
Parcel ID # 1040874
488 McLaughlin
2) City of Muskegon Revised Plat 1903 N ½ of Lot 6 Block 83
Parcel # 61-24-205-083-0006-00
Parcel ID # 1130446
1164 Kenneth
3) City of Muskegon Revised Plat 1903 That Part of Lot 3 Lying NW’ly of St hwy r/w
Block 146
Parcel # 61-24-205-146-0003-00
Parcel ID # 1130458
411 Seaway
4) City of Muskegon Revised Plat 1903 SE 62 Feet of Lot 3 Block 236
Parcel # 61-24-205-236-0003-00
Parcel ID # 1130467
1122 Spring
5) City of Muskegon Revised Plat 1903 S ½ of the N ½ Lots 11-12 Block 339
Parcel # 61-24-205-339-0011-10
Parcel ID # 1130477
1237 7th
6) City of Muskegon Revised Plat 1903 N ½ of Lot 1 Block 382
Parcel # 61-24-205-382-0001-00
Parcel ID # 1130488
1163 Sanford
7) City of Muskegon Revised Plat 1903 E ½ of Lots 7 & 8 Block 42
Parcel # 61-24-205-042-0007-10
Parcel ID # 2020067
492 White
8) City of Muskegon Revised Plat 1903 W 44 feet of N 165 Feet of Lot 4 Block 51
Parcel # 61-24-205-051-0004-00
Parcel ID # 2020071
723 Amity
9) City of Muskegon Revised Plat 1903 Lot 6 Ex S 50 feet Block 66
Parcel # 61-24-205-066-0006-00
Parcel ID # 2020072
477 E Apple
10) City of Muskegon Revised Plat 1903 Lot 10 Block 69
Parcel # 61-24-205-069-0010-00
Parcel ID # 2020073
510 E Isabella
11) City of Muskegon Revised Plat 1903 N ½ Lot 8 S ½ Lot 9 Block 149
Parcel # 61-24-205-149-0008-00
Parcel ID # 2020075
509 Octavius
12) City of Muskegon Revised Plat 1903 E ½ Lot 1 Block 203
Parcel # 61-24-205-203-0001-10
Parcel ID # 2020076
391 Orchard
13) City of Muskegon Revised Plat 1903 S ½ of Lot 1 Block 210
Parcel # 61-24-205-210-0001-00
Parcel ID # 2020077
923 Emerald
14) City of Muskegon Revised Plat 1903 Lot 3 Block 210
Parcel # 61-24-205-210-0003-00
Parcel ID # 2020078
305 Amity
15) City of Muskegon Revised Plat 1903 Lot 6 Block 250
Parcel # 61-24-205-250-0006-00
Parcel ID # 2020082
334 Catherine
16) City of Muskegon Revised Plat 1903 Lot 5 Block 261
Parcel # 61-24-205-261-0005-00
Parcel ID # 2020083
354 McLaughlin
17) City of Muskegon Revised Plat 1903 W 70 Feet of Lot 1 Block 264
Parcel # 61-24-205-264-0001-00
Parcel ID # 2020084
1310 Pine
18) City of Muskegon Revised Plat 1903 Part of Lot 10 Block 275 Desc as Comm @ SE Cor
of SD Block for POB th S 89 Deg 38 Min W 81 feet the N 60 feet th N 89 Deg 38 Min E
81 feet the S 60 ft to POB
Parcel # 61-24-205-275-0010-20
Parcel ID # 2020085
1479 Jiroch
19) City of Muskegon Revised Plat 1903 N 40 feet of Lot 4 Block 294
Parcel # 61-24-205-294-0004-00
Parcel ID # 2020086
1636 Pine
20) City of Muskegon Revised Plat 1903 E ½ Lot 10 Block 339
Parcel # 61-24-205-339-0010-10
Parcel ID # 2020090
536 W Muskegon
21) City of Muskegon Revised Plat 1903 N 91.5 Feet of Lot 5 Block 364
Parcel # 61-24-205-364-0005-00
Parcel ID # 2020093
1130 1st
22) City of Muskegon Revised Plat 1903 E ½ of Lot 11 Block 391
Parcel # 61-24-205-391-0011-10
Parcel ID # 2020096
238 Strong
23) City of Muskegon Revised Plat 1903 Lot 1 Block 449
Parcel # 61-24-205-449-0001-00
Parcel ID # 2020098
1686 7th
24) City of Muskegon Revised Plat 1903 Lot 2 Block 449
Parcel # 61-24-205-449-0002-00
Parcel ID # 2020099
1698 7th
25) City of Muskegon Erwin and Keating’s Addition Lot 5 & N 5 Feet Lot 6 Block 1
Parcel # 61-24-290-001-0005-00
Parcel ID # 2020105
1974 Park
26) City of Muskegon Wharncliffe Grove Part of Block 2 R P Eastons 2nd Sub Div Part of
Sec 32 Lot 53
Parcel # 61-24-890-000-0053-00
Parcel ID # 2020110
1979 McIlwraith
27) City of Muskegon Eastlawn Subdn. Of Blocks 3, 4, and 5 R.P. Eastons 2nd Subdn. Lots
25 & 26 Block 10
Parcel # 61-24-255-010-0025-00
Parcel ID # 1003402
1974 S Getty
28) City of Muskegon Revised Plat 1903 S ½ Lot 12 Block 389
Parcel # 61-24-205-389-0012-10
Parcel ID # 1102279
1359 6th
29) City of Muskegon Revised Plat 1903 Block 435 Lot 6
Parcel # 61-24-205-435-0006-00
Parcel ID # 411669
753 W Forest
30) City of Muskegon Revised Plat 1903 Lot 9 Block 406
Parcel # 61-24-205-406-0009-00
Parcel ID # 411612
1434 7th
31) City of Muskegon Revised Plat 1903 SLY 40 feet of WLY 66 feet Lot 7 Block 376
Parcel # 61-24-205-376-0007-15
Parcel ID # 411574
1366 7th
32) City of Muskegon Revised Plat 1903 ELY 44 feet of WLY 88 Feet Lots 8, 9, 10 Block
152
Parcel # 61-24-205-152-0008-10
Parcel ID # 411149
361 Sumner
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 12, 2021.
By: ________________________
Ann Marie Meisch, MMC
Clerk
209 Merrill
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/12/2021 Title: Muskegon Area Sports Hall of Fame Lease
Submitted By: Mike VanderMolen Department: Arena
Brief Summary: The Muskegon Area Sports Hall of Fame is formally leasing space inside the
arena to display sports memorabilia and other sports-related items.
Detailed Summary:
The Muskegon Area Sports Hall of Fame was located inside the arena for many years. During the
most recent major renovation, the display was displaced. This lease will re-establish the Hall of
Fame inside the arena for the next 5 years. The display wall be mounted on the walls inside the
hallway nearest to the convention center.
The lease amount is $10 per year, the lease also allows a discounted $500 rental one time per
year to hold a Hall of Fame banquet. The City has pledged up to $10,000 to help complete the
build out.
The completed display will be a stunning first-impression to visitors of the arena.
Amount Requested: $10,000 Amount Budgeted: $10,000
Fund(s) or Account(s): 254 Fund(s) or Account(s): 254
Recommended Motion: Approval of the lease.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 12th, 2021 Title: Beukema Playground - REVISION
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking approval for additional funding related to the playground replacement at Beukema
Park.
Detailed Summary:
At that August 24th, 2021 meeting the Commission voted to allocate $165,000 towards replacement of
the playground equipment at Beukema Park. This was intended to cover the cost of the equipment
and installation ($122,639.00) plus an allowance up to $165,000 in total to revise the deisgn to include
ramped access and accessible surfacing as mentioned in the public comments during the selection.
After reviewing the proposed changes with American Athletix it was determined that there was no
method for American Athletix to accomplish the requested changes within the allocated budget. After
several iterations American Athletix provided the attached revised proposal for $220,568.25 which
included modified play structures to include ramped access, as well as poured in place trails for the
walkways.
Staff is comfortable that the revised proposal is appropriate for the site. As previously discussed we
are targeting to spend approximately $900K between Reese & Beukema parks which is drawn from
the Beach Parking revenue. The contract for equipment at Reese has been signed in the amount of
$364,600.00 bringing to total to date to $585,168.25.
Amount Requested: Amount Budgeted:
$220,568.25 TOTAL $0
$55,568.25 INCREASE OVER ORIGINAL $900K To be included in Q1 Reforecast
Fund(s) or Account(s): 101 Fund(s) or Account(s): 101
Recommended Motion:
Authorize staff to accept the revised proposal from American Athletix in the amount of $220,568.25 for the
new playground structure at Beukema Park.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Quotation
Project: Beukema Park Date: 10/4/2021
Attn: Nick
Leo Cerullo
Evans Quote #: MUS2021-B
City of Muskegon Expires: 11/4/2021
1350 E. Keating Approx. Lead Time 12 weeks
Muskegon, MI 49442 Custom lead time:
[email protected]
231-724-6920
Description: Kompan revised
quantity item number description each net
1 PCM727092 5-12 Ramp Custom $93,540.00 $65,478.00
PCM103010-0610 PLAY TOWER WITH RAMP $29,710.00 $20,797.00
2 ELE400024 SPINNER BOWL $1,360.00 $2,176.00
1 KSW928-CUSTOM 4-BAY PORTAL SWING $9,500.00 $7,600.00
1 PCM721275 Manipulative Play Panel $2,770.00 $2,216.00
Excavation Excavate and dump spoils on site $4,750.00 $4,750.00
LANDSCAPING Cleanup / site restoration $4,500.00 $4,500.00
OPTION #1 Rubber Pathways - Supply and Install Pour in place Softline Firstbase
3285 SqFt rubber surfacing - Finish 3/4" 50% Black/ 50% Virgin Color Rubber $ 18.50 $60,772.50
with a Total depth of 4" for 8' fall height. Base layer is 100%
Black Recycled Rubber. Comes with Aromatic resin.
3285 SqFt Granular sub base 6" depth $ 2.25 $7,391.25
OPTION #2 Additional Rubber to Complete Surface - Remainder of Area
2848 SqFt - Supply and Install Pour in place Softline Firstbase rubber $ 17.75
surfacing - Finish 3/4" 50% Black/50% Virgin Color Rubber
with a Total depth of 4" for 8' fall height. Base layer is 100%
Black Recycled Rubber. Comes with Aromatic resin.
2848 SqFt Granular sub base 6" depth $ 2.25
EWF pocket surfacing
140 140 CY ENGINEERED WOOD FIBER $ 27.00 $3,780.00
1 ADA FULL RAMP $924.00 $924.00
INSTALL PROFESSIONAL INSTALLATION INSTALL: $35,000.00
EQUIPMENT TOTAL: $180,384.25
PAYMENT TERMS: DEP 50% & 50% DUE UPON COMPLETION FREIGHT: $5,184.00
TAX: NA
ENGINEERING: NA
Quote Total: $220,568.25
*ACCEPTANCE OF QUOTATION: This quotation is subject to policies in the current catalog and the following terms and conditions. Quotation is based on shipment of all items at the same time to one destination.
, unless otherwise noted. Pricing is subject to change beyond expiration date. Purchases in excess of $1000,00 must be supported by a written purchase order to American Athletix, LLC.
LEAD TIME: Tentative dates from receipt of deposit (if required); final approved drawings; colors and site prep and readiness.
FREIGHT: Freight charges are estimated. Subject to final charges from freight carrier.
EXCLUSIONS: Unless specifically included, this quotation excludes: all site work and landscaping; removal and disposal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing, borders and drainage provisions.
Proposal By: John McDonald, American Athletix, LLC
Customer Acknowledges that he/she has read, understands, accepts and agrees to be bound by the Terms and Conditions attached
Accepted by: _________________________________ Date: ________________________
Purchase Order: _______________________________
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 12, 2021 Title: Ride Muskegon Operating Agreement
Submitted By: Frank Peterson Department: City Manager
Brief Summary: City staff has developed an operating agreement with Ride Muskegon, LLC to operate a
scooter rental business in the City. The business will utilize a cellular phone application to unlock
electric scooters for customers to access. Scooters will have designated pick up and drop off locations,
and will not be permitted to be abandoned in non-approved areas.
Detailed Summary: Staff is recommending approval of the operating agreement. Ride Muskegon, LLC is
locally owned and operated. To our knowledge, Ride Muskegon, LLC is the only such company located in
the city limits. The operating agreement ensures that Ride Muskegon, LLC and its customers follow the
rules and regulations as assigned by the City of Muskegon, and also ensures that the City of Muskegon will
not rent similar space to new competitor companies during the operating period.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the operating agreement and authorize the City Manager to sign.
Check if the following Departments need to approve the item first:
Police Dept. Fire Dept. IT Dept.
For City Clerk Use Only:
Commission Action:
OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is made by and between Ride Muskegon, LLC,
a Michigan limited liability company (“Operator”), and the City of Muskegon, Michigan
(“Muskegon” and together with Operator collectively “Parties”). The Parties agree to the terms
and conditions of this Agreement.
RECITALS
WHEREAS, the Parties agree to the following:
A. That authority to enter into this Agreement and each Party represents and warrants
to the other that the execution and delivery of this Agreement and the performance of such Party’s
obligations have been duly authorized.
B. The Parties acknowledge that the mutual promises and covenants contained herein,
and other good and valuable consideration are sufficient and adequate to support this Agreement.
C. Muskegon is a municipality incorporated under the laws of Michigan and has
jurisdiction over the operations conducted within its municipal boundaries.
D. A goal of Muskegon is to provide safe and affordable multi-modal transportation
options to all residents, reduce traffic congestion, and maximize carbon free mobility;
E. Scooter share and other Shared-Mobility devices, products, and services are a
component to help Muskegon achieve its transportation goals and Muskegon’s desires to make
scooter share and related Shared-Mobility services available to residents and employees;
F. Operator is a qualified provider of electronic scooters (“e-scooters”) and other
shared electronic mobility devices, products, and services and proposes to operate a scooter share
and Shared-Mobility program within Muskegon;
G. Operator requests the non-exclusive use of Muskegon streets, sidewalks, and public
ways to provide e-scooter and other electronic Shared-Mobility services efficiently and effectively;
and
H. The use of Muskegon streets, sidewalks, and public ways for e-scooter share and
other Shared-Mobility Devices is a benefit to the residents and businesses of Muskegon.
I. That the purpose of this Agreement is to establish the terms and conditions relating
to Operator’s operation of e-scooter and other electronic Shared-Mobility services (“Shared-
Mobility Services”) in the jurisdictions that make up Muskegon.
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THEREFORE, in consideration of the foregoing and the acceptance of all response,
verbal and written, submitted by Operator, hereby incorporated by reference, and intending to be
legally bound, the Parties enter into an Agreement for Shared-Mobility Services as follows:
I. DEFINITIONS
The following terms will be construed and interpreted as follows:
A. “Effective Date” means the date on which this Agreements is fully approved and
executed, as shown by the final signature on the signature page of this Agreement.
B. “Intellectual Property” means Operator’s Shared-Mobility Devices and other
equipment, all materials and Marks prepared by Operator or its Affiliates in connection with this
Agreement, copyrights, software, patents, patent applications and patent disclosures and inventions
(whether patentable or not), all know-how, show-how and confidential information related to any
of the foregoing, and together with all of the moral rights in and goodwill associated therewith,
derivative works, corrections, enhancements, updates, modifications, tangible or intangible
proprietary information, rights to apply for registration, except for any confidential information of
Muskegon.
C. “Marks” means trademarks, service marks, trade secrets, trade dress, trade names,
logos, taglines, corporate names and domain names, insignia, and symbols or decorative signs.
D. “Operating Area” means the designated jurisdictional boundaries of Muskegon
where Shared-Mobility Devices are authorized to be operated by users.
E. “City Property” means property owned, leased, or controlled by the City of
Muskegon, including but not limited to public right of way, easements, city and regional parkland,
and green space surrounding City-owned Buildings.
F. “Shared-Mobility Devices” means e-bikes, e-scooters, and additional related
products provided by Operator to Muskegon approved and agreed to by the Parties in this
Agreement.
G. “Shared-Mobility Services” means all e-scooter and other electronic Shared-
Mobility services provided by Operator to Muskegon approved and agreed to by the Parties in this
Agreement.
H. “Designated Parking Zone” is a space located in the public right-of-way
specifically identified by City of Muskegon for parking Shared-Mobility Devices between trips,
which will not be used by any other company, except for Operator, during this Agreement.
Muskegon reserves the right to change the “Designated Parking Zone” on sixty (60) days’ written
notice.
I. “Term” means collectively the Initial Term, and any potential Renewal Terms.
J. “Service Area” means the area within Muskegon’s municipal boundaries.
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K. “E-Scooter” is defined as an electric skateboard, which includes a stand-on scooter
with an electric motor per Michigan Vehicle Code Act 300, 257.660 (MCL 257-660).
L. “Electric Assist Bicycle” is defined as a bicycle equipped with an electric motor
that provides assistance only when the rider is pedaling and disengages or ceases to function when
the bicycle reaches a speed of twenty (20) miles per hour per Michigan Vehicle Code, Act 300,
257-13e (MCL 257-13e).
M. “Transit Zone” means any portion of a street, sidewalk, or other area intended for
use of transit vehicles or patrons, including bus stops, bus platforms, transit shelters, passenger
waiting areas, and bus layover and staging zones.
II. TERM AND RENEWAL
A. Initial Term. This Agreement and the Parties respective performance will
commence on the Effective Date and continue for a period of ten (10) years from the Effective
Date (“Initial Term”), unless sooner terminated as provided herein. Upon expiration of the Initial
Term, this Agreement will automatically renew for up to four (4) additional five (5) year periods
(each five (5) year period is a “Renewal Term”) unless either Party provides written notice to the
other Party of its election not to renew no later than one hundred twenty (120) days prior to the
expiration of the Initial Term or a Renewal Term.
III. USE OF PREMISES
Subject to the conditions of this Agreement, Muskegon hereby grants Operator a license to
operate and provide the services and products described herein within its jurisdiction and to access
designated locations approved by Muskegon for the purpose of installing, establishing, and
maintaining docking stations, Shared-Mobility Devices and Services. This license is subject to the
following conditions:
A. Approvals. Operator will obtain all required federal, state, and local licenses and
permits necessary to perform the services. Operator will maintain good standing and comply with
all required federal, state, municipal and local laws, regulations, rules, and ordinances. If any
governmental restrictions are imposed on Operator that would necessitate alteration of the
performance of the services offered by Operator under this Agreement, Operator will immediately
notify Muskegon and will work with Muskegon in good faith to modify the services in a way to
comply with such restriction but also maintains the essence of this Agreement.
B. Municipal Authorization. Operator acknowledges that it may be required to
obtain additional approvals from Muskegon to conduct certain aspects of its services, including
establishing docking stations in the public right of way. Muskegon agrees to assist Operator, as
appropriate, with navigating its approval procedures to obtain required licenses, permits,
authorizations, approvals, licenses, or consents. Notwithstanding this commitment, Muskegon
cannot guarantee approval of any application or request of Operator and nothing in this section
will be interpreted to do so. Furthermore, if such authorization cannot be obtained, the Agreement
will not become binding on Operator and neither Party will be held liable for such failure.
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C. State Law. The Parties acknowledge that use of the Shared-Mobility Devices is
subject to the laws of the State of Michigan. To the extent legislative efforts are needed at the state
level, Operator will be solely responsible for all such efforts that may be necessary.
IV. SERVICES
A. Establishing Goals. Fleet size and service areas will be based on reasonable goals.
Parties will work together to create and update goals based on data and usage. Operator will
comply with all reasonable requests to deploy, establish, and maintain Shared-Mobility Devices
and Services, throughout the jurisdiction of Muskegon, based on the goals set by the Parties subject
to the conditions contained in this Agreement. Both Parties acknowledge that during a global
pandemic which has created great uncertainty in the production and movement of products
throughout the world. It is acknowledged that the project goals above are subject to change.
Therefore, Parties will provide written notice if a goal will not be achieved and such failure to
achieve a goal will not be considered a breach of this Agreement.
B. Location of Fleet. Operator will decide how to distribute Shared-Mobility Devices
and docking stations within the service area after consultation with Muskegon and its appropriate
municipal departments to ensure reasonable distribution. Operator will only locate Shared-
Mobility Devices and docking stations once written approval has been given by Muskegon’s
appropriate departments (which will be identified and disclosed by Muskegon to Operator
contemporaneously with executing this Agreement, or within a reasonable amount of time
thereafter). Once a location has been approved in writing it will be attached to this Agreement as
Attachment F and updated as needed.
C. Hours. Operator will provide a safe, clean, and accessible system that allows
public access and use of Shared-Mobility Devices and docking stations twenty-four (24) hours per
day, seven (7) days a week, unless weather inhibits use of Operator’s system for any period of
time, in accordance with Attachment B, “Key Performance Indicators.”
D. Tracking. Operator and Muskegon’s appropriate department(s) (which will be
identified and disclosed by Muskegon to Operator contemporaneously with executing this
Agreement, or within a reasonable amount of time thereafter) will communicate data and work
together to designate operating areas and regulate and track electric assist functions for Shared-
Mobility Devices through geo-fencing or other available means, as agreed upon by the Parties and
otherwise described in the specific conditions found in this Agreement as Attachments C, “City of
Muskegon Specific Area Conditions.”
V. EQUIPMENT
Operator will provide the following equipment on or before the date on which the Shared-
Mobility Devices are deployed as required by this Agreement:
A. Installation of Shared-Mobility Devices. Operator will supply, install, deploy,
establish, and maintain the quantity of e-bikes, e-scooters, and docking stations as needed by
Muskegon.
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B. Application and Web Page. Operator will establish a downloadable mobile
application where users can order services and obtain information. Operator will make the mobile
application available for download in Apple iOS and Android so that customers may download the
mobile application to their mobile devices and register for an account, subject to their acceptance
of the end user license agreement and other legal notices related to the mobile application.
Operator will make the mobile application available for use in connection with use of the Shared-
Mobility Devices, including unlocking a Shared-Mobility Device from a docking station.
C. Usage. Operator will have all necessary software and technology to be able to
monitor customer usage of Operators equipment and to make adjustment to quantities of Shared-
Mobility Devices at applicable docking stations.
D. Maintenance by Operator. Operator will maintain its Shared-Mobility Devices,
docking stations, mobile application, web page, and all software and technology in good working
order in accordance with the key performance indicators set forth in Attachment B, including
routine and necessary maintenance and repairs.
E. Facilities. Muskegon agrees to furnish, without charge, mutually agreeable
locations and adequate municipal space for use by Operator and Operator’s personnel for storage
and for performing services as maybe reasonably necessary under this Agreement and found in
this Agreement as Attachment G, “Map of Furnished Facilities and Scope of Facility Use.”
Muskegon reserves the right to alter the “Facilities” upon sixty (60) days’ written notice.
F. Removal by Muskegon. If an area in proximity to a docking station or other
property owned by Operator requires maintenance, is the location of an event, or otherwise requires
access by an agent of Muskegon, Muskegon may, with seven (7) day’s advance written notice to
Operator, require the Operator to move its property. Such relocation may be temporary or
permanent; if permanent, Muskegon will work in good faith with the Operator to find a
replacement location. Such relocation will be at the Operator’s expense. If Muskegon is forced
to move Operator’s property, Muskegon will not be liable for any resulting damage to this
property.
G. Standards. All Shared-Mobility Devices and docking stations will comply with
all safety standards established by the United States Consumer Product Safety Commission and any
other standard established under federal, state, and local law.
H. Equipment Specifications, Maintenance, and Security. Operator will ensure that:
(1) All scooters must meet the requirements for lighting equipment set forth in
Michigan Vehicle Code 257.662.
(2) All bicycles and scooters must be powered by electric motor (internal
combustion engines are not permitted).
(3) Each bicycle and scooter must have a unique identifier, such as a number
visible to the user of the bicycle and scooter.
(4) All bicycles and scooters must include on-board GPS capabilities to ensure
Operator’s ability to locate and retrieve bicycles and scooters at any time as
needed.
(5) Each bicycle and scooter must be maintained in a safe and operable
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condition, and any bicycles or scooters deemed to be inoperable or unsafe
must be immediately made unavailable for use and removed from city
property.
(6) Operator will have the ability to remotely lock or disable any Shared-
Mobility Device deemed unsafe by either Party. Operator will remotely
lock or disable any unsafe Shared-Mobility Device upon request by
Muskegon.
(7) Operator must provide customers and city staff with a twenty-four (24) hour
customer service phone number and electronic communication method(s)
for reporting safety or maintenance issues with Shared-Mobility Devices,
or to ask questions or register complaints.
(8) All Shared-Mobility Devices, docking stations, and equipment used by
Operator in connection with this Agreement, unless otherwise expressly set
forth in this Agreement, will remain the property of Operator, and will at
no time be deemed a fixture or property belonging to Muskegon or any
other party. Any equipment belonging to Muskegon used in connection
with this Agreement, unless otherwise expressly set forth in this Agreement,
will remain the property of Muskegon. The Parties will not directly or
indirectly cause or create any mortgage, pledge, lien, charge, security
interest, claim or other encumbrance on or with respect to such equipment.
(9) Operator will require its users to acknowledge and accept the applicable
laws for operation of bicycles and scooters in the city of Muskegon and as
required in MCL Article 257, Sections 642(1), 648, 656, 662, 676, 679, 69,
and 79 and any applicable City of Muskegon Ordinance and require that
users comply with these laws prior to use.
(10) Operator must require its users to acknowledge and accept that the customer
will not use the bicycles or scooters in a manner that is illegal, reckless, or
in a manner that endangers others.
VI. OPERATIONS
A. Support. Operator will provide ongoing support, training, parts, and other agreed
upon services and actions for its local operational personnel to ensure continued access and
enjoyment by users without interruption.
B. Business Operation. Operator will be solely and exclusively responsible for
system operations, maintenance, collection of fees and revenues, and promotion of products.
Muskegon acknowledges and agrees that Operator may, at its sole discretion, use subcontractors
and consultants to perform some or all of the services or provide devices under this Agreement.
In the event Operator utilizes subcontractors or consultants to perform any services or provide any
of the devices, Operator will remain responsible under this Agreement.
C. Customer Service. Operator will maintain a call center that can be accessed by
the public by phone or electronically. Operator will sufficiently staff such facilities and provide
all tools, parts, training, supplies, and equipment to ensure the highest level of customer service
with minimum response time waits.
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D. Staffing. Operator will maintain qualified personnel and ensure adequate staffing
to respond to customer demands, including staffing for expected large-scale community and
college events. Operator will employ sufficient staff, contractors, and vendors in number and skill
to be capable of providing the services.
E. Public Outreach. At the request of Muskegon, Operator may have a designated
representative attend Muskegon-led public events and meetings as decided at the sole discretion
of Operator.
F. Non-discrimination. Operator, for itself, its successors in interest, and assigns, as
a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of
race, color, national origin, veteran status, gender, sexual orientation, disability, or any other
protected class will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of any of its services.
G. Advertising Policies. If Operator desires to advertise on its equipment, any
advertisements must be pre-approved by Muskegon, and meet local and state advertising
regulations before they are installed or otherwise displayed. Such requests to Muskegon must
either be approved or denied in writing within twenty-one (21) business days of any written request
by Operator and, if Muskegon does not timely provide its decision, the advertisement will be
deemed approved for use. Operator agrees to abide by Muskegon’s advertising restrictions related
to advertisements and understands that Muskegon will have a right to review in advance, monitor
and or disallow all advertising that Operator proposes to install or display, in its sole discretion.
Muskegon will have the right to request, in writing, the removal of any advertising and Operator
will have twenty-one (21) business days to comply with the written request. Muskegon will not
be entitled to any revenue generated from advertising under this Agreement.
VII. USER FEES
In addition to any other fees required under this Agreement, Operator may establish,
charge, and collect user fees from customers for the use of Operator’s e-bikes and e-scooters,
subject to the following conditions:
A. Responsibility. Operator will be solely responsible for processing and handling all
payments, fees, penalties, or other monetary transactions by users of the system.
B. Payment Methods. Operator’s system will be designed to automatically complete
financial transactions entered with data input at its mobile application.
VIII. GENERAL OPERATIONAL CONDITIONS ON USE
A. Safety. Operator will require any user renting its Shared-Mobility Devices to have
read and acknowledged reading safety requirements and conditions of use. Operator and
Muskegon will work together to identify such safety requirements and conditions of use, but at a
minimum, such conditions will include informing the user that a helmet should be used for the
operation of Shared-Mobility Devices, speed limitations for such devices, and location restrictions
for such devices. User’s injury or violation of any applicable law or sanctions for any illegal or
improper use of bicycles or scooters including, but not limited to, parking violations, will not
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constitute Operator’s failure to notify users of all applicable laws, codes, ordinances, and safety
guidelines as required under this Agreement.
B. Protocols. Operator will develop and maintain protocols that can be utilized for
handling extreme weather events, emergency situations, extraordinary events, and maintenance
activities. These protocols will be made available to Muskegon upon request.
C. Training. Operator will develop and provide at least one training/educational class
at a location, to be determined by Muskegon, demonstrating how to access and use Shared-
Mobility Devices and Shared-Mobility Services. Operator will report back to Muskegon on
attendance and engagement for the training upon completion. Operator will work with Muskegon
to develop and implement a marketing and outreach plan for the training class.
D. Speeds. Subject to further restrictions under this agreement, Operator will ensure
that the maximum operating speed for the electric function of Shared-Mobility Devices does not
exceed twenty (20) miles per hour for e-bikes and fifteen (15) miles per hour for e-scooters and will
work with Muskegon to implement speed restriction zones where necessary.
E. Bicycle and Scooter Parking. Muskegon, at its own discretion, may support the
Shared-Mobility Services and Shared-Mobility Devices with the installation of racks and or
Designated Parking Zones in Muskegon to assist with the orderly parking of Shared-Mobility
Devices throughout the service area. The decision to undertake such action, and the decision as to
where such racks or parking areas will be located will be the sole discretion of Muskegon.
IX. LOCATIONAL RESTRICTIONS
A. Out of Hub Fee. Operator will charge a user a minimum fee of _____ ($___)
dollars for failing to dock a Shared-Mobility Device to an approved designated structural or virtual
docking station under this agreement.
B. Out of Area Fee. Operator will charge a user an Operator-determined fee for
leaving a Shared-Mobility Device in a location outside the Operating Area.
C. Restricted Usage. Operator will ensure that the electronic assist function of any
Shared-Mobility Device that operates outside the Operating Area is automatically disabled once the
Shared-Mobility Device leaves the Operating Area.
D. Operator’s Response. Operator will include contact information on each Shared-
Mobility Device where complaints can be received. Operator will also include information about
how complaints can be reported to Operator when Shared-Mobility Devices are accessed. If
Operator receives a complaint that any Shared-Mobility Device has been improperly parked or not
docked to a designated structural or virtual docking station, Operator will respond to the complaint,
remove the Shared-Mobility Device from its current location, and return the Shared-Mobility
Devices to an appropriate structural or virtual docking station within a reasonable amount of time.
E. Geofencing. Muskegon reserves the right to mandate Operator use geofencing or
other in-app methods to prohibit parking, using, or locking scooters in specified areas, and or to
direct users to specified parking areas, to make such request, Muskegon must document in writing
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how such geofencing measures are necessary for the public health, safety, and welfare of
Muskegon. Operator will also use geofencing or other in-app methods to limit speed of bicycles
and scooters in designated areas. Operator will comply with any geofencing requirements within
five (5) business days of a written request made by Muskegon or any of its respective municipal
departments.
X. DATA
A. Collection. Operator will collect data related to the use of its Shared-Mobility
Devices. Such data will include number of users, number of trips, trip origin/destination and
routes, trip time, trip mileage, docking station usage, devices in service, operable devices, and other
data related to the key performance indicators set forth in Attachment B. Such data may also
include carbon impacts, calories burned, and money saved. Operator will also collect real time
data on the location of Shared-Mobility Devices, maintenance status, customer complaints,
response times, aggregate system use, crashes, damaged/lost vehicles, fee collection/revenue. All
data collected, including GPS tracking, will be based upon information collected from the Shared-
Mobility Devices and not from a user’s phone. Operator may provide users with user surveys only
if surveys are opt-in and all survey questions are approved by Muskegon prior to use.
B. Sharing. Within seven (7) days of receipt of a written request by Muskegon or any
of this respective municipal departments, Operator will provide Muskegon with data collected
pursuant to this section during the term of this Agreement. Operator will also supply data on
request for special projects, as part of transportation and infrastructure planning, and any other
reasonable requests. Data will be provided in MDS format to the Muskegon and any other third
party approved by Muskegon. Muskegon retains the right to request aggregated reports on system
use, compliance, and operations in other available formats (.csv, .exls, or similar), if such request
are deemed reasonable. Shared data will be anonymized to be available to the public for use in
applications not affiliated with Operator or Muskegon.
C. Privacy. Operator will keep all data collected anonymous and not collect
personally identifiable information so that such data may be disseminated to the public and not for
use in third-party applications. Operator will provide each user with a clear and upfront description
of data collected to users to ensure that the user fully understands and agrees to data collection.
This will include a clear identification of data collected while using Operator’s website and or
mobile application. To protect the user’s privacy interest, Operator will not include any provision
requiring a user to agree that personally identifiable information may be shared with third parties.
Operator will not include any provision requiring a user to agree to data sharing from a user’s
personal device to use Operator’s services. Rather, Operator will include an opt-in function for
access and data collection from a user’s personal device.
XI. COOPERATION
Muskegon agrees that Operator will provide Shared-Mobility Services and Shared-
Mobility Devices within the Service Area or Operating Area during the term of this Agreement.
Muskegon will make all reasonable and good faith efforts, and to the best and fullest extent of
Muskegon’s ability, to coordinate with Operator to ensure that all required resources are made
available to Operator. Muskegon shall not permit a “Designated Parking Zone” for a competitor
to be located on City controlled real property within one hundred (100) feet of a Designated
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Parking Zone used by Operator.
XII. TERMINATION
A. Breach by Operator. Muskegon may terminate its participation in this Agreement
due to a material breach of Operator by providing written notice to Operator and giving Operator
thirty (30) days to correct the breach. If Operator fails to correct the breach to the satisfaction of
Muskegon within thirty (30) days of Operator’s receipt of the notice, Muskegon may terminate its
participation in this Agreement immediately.
B. Breach by Muskegon. If Muskegon commits a material breach of this Agreement,
Operator may terminate its responsibilities to Muskegon under this Agreement by providing notice
to Muskegon and give Muskegon sixty (60) days to correct the breach. If Muskegon fails to correct
the breach to the satisfaction of Operator within sixty (60) days, Operator may immediately
terminate its obligations to Muskegon.
C. Voluntary by Operator or Muskegon. Operator may voluntarily terminate this
Agreement by providing Muskegon ninety (90) days’ written notice prior to the desired
termination date. After December 31, 2023, Muskegon may voluntarily terminate this Agreement
by providing Operator ninety (90) days’ written notice prior to the desired termination date.
XIII. CONDITION ON TERMINATION
Upon expiration or termination of this Agreement, Operator will remove all Shared-
Mobility Devices, docking stations, and any other equipment within thirty (30) days and return the
applicable premises to the same condition as it existed prior to this Agreement, unless otherwise
agreed to in writing with Muskegon.
XIV. INTELLECTUAL PROPERTY
All rights in Operator’s Intellectual Property related to the services provided under this
Agreement, are and will be owned by Operator (or, in certain instances, by its Affiliates), and not
by Muskegon. Operator hereby grants Muskegon a limited license to use all such Intellectual
Property rights solely in connection with the services during the term, free of additional charge
and on a non-exclusive, worldwide, non-transferable, non-sub licensable, fully paid-up, and
royalty-free basis, to the extent necessary to enable Muskegon to make reasonable use of the
services. Muskegon acknowledges and agrees that other than as expressly provided herein,
nothing in this Agreement will be construed as Operator directly or indirectly, selling, leasing,
licensing, pledging, sublicensing, lending, encumbering or otherwise transferring any of the
foregoing Intellectual Property rights other than in connection with the services.
XV. MARKS
No Party grants to the other Party any right in or license to use such Party’s Marks, other
than as expressly set forth in this Agreement. Any signage or communication containing a Party’s
Marks must be approved by that Party, in advance.
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XVI. REPRESENTATIONS AND WARRANTIES
A. Operator. Operator represents and warrants that (a) it is duly authorized to do
business by the State of Michigan; (b) it has the lawful power to engage in the business it presently
conducts and contemplates conducting, and is not party to any investigation, proceeding or action
by any governmental authority which may materially affect its ability to effectuate its obligations
under this Agreement and, in the event that it becomes such a party, will immediately notify
Muskegon of such investigation, proceeding or action; (c) it has the authority to execute and carry
out this Agreement and to perform its obligations hereunder, and has obtained all necessary
authorizations in connection therewith; (d) it has obtained and will obtain from time to time any
and all licenses, permits or other approvals required under applicable law, which license, permits
or other approvals will be kept current at all times throughout the Term; (e) the execution, delivery
and performance of under this Agreement will not conflict with, result in the breach of, constitute
a default under or accelerate performance required by its constituent documents or internal
regulations, any applicable law or any material covenant, agreement, understanding, decree,
judgment, indenture, instrument or order to which it is a party or by which it or any of its properties
or assets is bound or affected; and (f) it will comply with all applicable law related to this
Agreement and will cooperate fully with Muskegon in complying with such applicable law.
B. Muskegon. Muskegon represents and warrants that they are the governmental
authority with jurisdiction over its respective premises, that they have obtained all necessary
approval and possess the legal authority to enter into this Agreement, and have taken all actions
required by its procedures, by-laws, or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Agreement and to bind themselves to its terms.
XVII. INSURANCE
Prior to the Effective Date of this Agreement, Operator will obtain insurance coverage
meeting each requirement and condition set forth herein.
A. Carrier. Operator will obtain insurance coverage from an insurance company
registered and licensed to do business in the State of Michigan and having an A.M. Best insurance
rating of at least A- financial size category VIII or better by the latest Best Insurance Report or has
an analogous rating from a comparable rating service approved by Muskegon.
B. Certificate of Insurance. Proof of insurance and compliance with all requirements
in this section should be evidenced on a certificate of insurance acceptable to Muskegon. The
certificate will, at a minimum, contain the following: (1) authorized agent information; (2) insured
information; (3) insurance company information; (4) description of policies, including coverage
types and amounts; (5) policy number(s) and period(s); (6) limits of liability; (7) Muskegon’s
information as additional insured and certificate holder; and (8) cancellation information. The
certificate of insurance must be received by Muskegon prior to the Effective Date of this
Agreement.
C. Additional Insured. Each required insurance policy (except for workers’
compensation) will name Muskegon as an additional insured and loss payee.
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D. Cancellation. All certificates will contain a provision stating that the coverages
afforded under said policies will not be cancelled, materially changed, or not renewed without at
least thirty (30) days written prior notice to Muskegon, or fifteen (15) days for non-payment. The
policies will not be subject to invalidation as to any insured by reason of any act or omission of
another insured or any of its officers, employees, agents, or other representatives, and will contain
a clause to the effect that such policies and the coverage evidenced thereby will be primary with
respect to any policies carried by Muskegon, and that any coverage carried by Muskegon will be
excess insurance.
E. Insurance Coverages. During the term of this Agreement, Operator agrees to
purchase and maintain the following types of insurance coverages, consistent with the policies and
requirements of Muskegon and provide evidence of continuing coverage to Muskegon:
a. Commercial General Liability Insurance. Operator will procure
Commercial General Liability Insurance, on an occurrence form, providing all major
divisions of coverage, including but not limited to: (1) Premises Operations; (2) Products
and Completed Operations; (3) Personal Injury and Advertising liability; (4) Fire legal
liability. The Commercial General Liability Insurance will provide the following
minimum limits:
General Aggregate: $2,000,000
Products-Completed Operations $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Damage to Rented Premises $250,000
Med. Expense (Any one person) $5,000
b. Workers Compensation. Operator will provide Workers’ Compensation
coverage in accordance with the statutory limits as established by the State of Michigan
and with a minimum limit for employer’s liability no lower than the following: Bodily
Injury by Accident – $500,000 each accident; Bodily Injury by Disease – $500,000 each
employee. Operator will require all contractors and subcontractors performing work on its
behalf under this Agreement to obtain an insurance certificate showing proof of Workers’
Compensation coverages and Operator will require that all subcontractors submit
certificates of such insurance to Muskegon prior to performing.
c. Employers’ Liability Insurance. Operator will also maintain Employers’
Liability Insurance Coverage with limits of at least:
Bodily Injury by Accident: $500,000 each accident
Bodily Injury by Disease: $500,000 policy limit
$500,000 each employee
d. Commercial Business Automobile Liability Insurance. Operator will
provide Commercial Business Automobile Liability Insurance, which will include
coverage for bodily injury and property damage liability arising from the operation of any
owned, non-owned, or hired automobile. The Commercial Business Automobile Liability
Insurance Policy will provide not less than $1,000,000 Combined Single Limits for each
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accident.
e. Commercial Umbrella Liability Insurance. Operator will provide a
Commercial Umbrella Liability Insurance Policy to provide excess coverage above the
Commercial General Liability, the Commercial Business Automobile Liability, and
Employers’ Liability on a follow form basis in addition to the minimum limits set forth
herein. The minimum amount of Umbrella limits required above the coverages and
minimum limits stated above will be $2,000,000 per occurrence and $2,000,000 in the
aggregate.
f. Application to Others. Operator will require all contractors,
subcontractors, agents, or workers performing work or services on its behalf in furtherance
of this Agreement to obtain an insurance coverage meeting the requirements of this section
as evidence on a certificate of insurance. Operator will require that all such persons submit
certificates of such insurance to Muskegon prior to performing work or services.
g. Maintaining Coverage. Muskegon may require copies of any insurance
policies entered into by Operator, and Operator is responsible for annually verifying and
confirming in writing to the City that all sub-contractors, agents, operators or workers meet
the minimum coverage and limits plus maintain current certificates of coverage, and that
all work activities related to this Agreement will meet minimum coverage and limits, with
any sub-contractors, agents, operators or workers complying with the same insurance
requirements as Operator.
h. Continuing Obligation. Unless otherwise expressly provided herein, the
obligation to insure as provided herein continues throughout term of this Agreement and
will not terminate until this Agreement has expired or been terminated, and the right to
occupy the premises is returned to Muskegon.
XVIII. INDEMNIFICATION
Operator will—at its sole cost and expense—indemnify, defend, and hold harmless
Muskegon , its officers, agents, and employees, its successors and assigns, individually or
collectively, from and against all liability and any claims, suits, expenses, losses, judgments,
proceedings, damages, expenses, demands, suits, costs (including costs of defense, reasonable
attorney fees, and reasonable professional fees incurred in defense or incurred in enforcement of
this indemnity), and causes of action of every kind or character whatsoever, directly or indirectly
arising from, related to, or connected with, in whole or in part, Operator’s services under this
Agreement, including but not limited to claims directly or indirectly arising from, related to or
connected with, in whole or in part: any act, omission, fraud, wrongful or reckless conduct, fault
or negligence by Operator, or its officers, directors, agents, employees, subcontractors or suppliers
of any tier, or by any of its employees, agents, or persons under its direction or control.
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XIX. LIMITATION OF LIABILITY
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted
under applicable law, no Party will be liable to the other Party for any indirect, special,
consequential, moral, exemplary, or punitive damages, or for any loss of use, loss of production,
loss of revenue or profits, cost of capital, loss of goodwill, or loss of opportunity, arising out of or
in connection with, this Agreement, whether based in contract, tort, or any other theory at law or
in equity, regardless of whether such damage was foreseeable and each Party expressly releases the
other Party from any such liability. The limitations on liability in this section will not apply to: (1)
a Party’s criminal or fraudulent conduct; (2) Operator’s obligations of indemnification; (3) any
applicable insurance proceeds; or (4) anything prohibited by applicable law governing the Parties.
Each Party assumes all risks of personal injury and property damage attributable to the acts
or omissions of such Party or any of its affiliates, to the degree that such damage is attributable to
such Party or its affiliate. Operator makes no warrant whatsoever with respect to the services
(including, for clarification, the deliverables, and the services), including any: (i) warranty of
merchantability, (ii) warranty of fitness for a particular purpose, or (iii) warranty against
infringement of intellectual property rights of a third party, whether express or implied by law,
course of dealing, course of performance, usage of trade or otherwise.
XX. DAMAGE TO PROPERTY
Operator will only be responsible held responsible for damage to property belonging to
Muskegon only to the extent caused by an act or omission of the Operator, its agents, or employees.
Operator will be responsible for repairing any damaged property and will pay the costs therefore.
XXI. TAXES
The Parties will be solely responsible for their respective taxes, if any, and related interest
or penalties, incurred by such Party in respect of this Agreement including, without limitation, any
federal, state, or local income tax, and any withholding or employment taxes imposed upon such
Party, including in respect of any advertising revenue to such Party. To the extent that Muskegon
owned real property becomes taxable due to this Operating Agreement, Operator shall reimburse
Muskegon for such taxes.
XXII. FORCE MAJEURE
Neither Party will be deemed to have breached this Agreement if it is prevented from
performing any of its obligations hereunder by reason of acts of God, acts of the public enemy,
acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which is not under its control, and the Party
experiencing force majeure gives written notice to the other Party identifying the nature of such
force majeure, and when it began. The Party experiencing force majeure will take immediate action
to attempt to remove such causes of force majeure as may occur from time to time and its
operations under this Agreement will be resumed immediately after such cause has been removed,
provided that neither Party will be required to settle any labor dispute except upon terms that the
Party deems acceptable. The suspension of any obligations under this section will not cause the
term of this Agreement to be extended and will not affect any rights accrued under this Agreement
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prior to the occurrence of the force majeure. The Party giving notice of the force majeure will also
give notice of its cessation.
XXIII. NOTICES AND REPRESENTATIVES
All notices and communications related to this Agreement should be made to the following
representatives for each Party. Each such notice, request, or other communication will be effective
five (5) business days after depositing in the mail or forty-eight (48) hours after the date on which
an e-mail notice is verified as received.
Ride Muskegon, LLC City of Muskegon
Attn: Stephen Parent Attn: Frank Peterson
Title: Member Title: City Manager
Email: [email protected] Email: [email protected]
Phone #: 231-557-6446 Phone #:
Address: 10574 Robert F Ln. Address: City of Muskegon
West Olive, MI 49460 933 Terrace St.
Muskegon, MI 49440
XXIV. GENERAL PROVISIONS
A. Assignment. Neither Muskegon nor Operator will assign this Agreement, transfer,
or otherwise sublet any part of the Services without the expressed written consent of the other, and
such consent will not be unreasonably withheld.
B. Binding Effect. All provisions of this Agreement, including the benefits and
burdens, will extend to and be binding upon the Parties respective heirs, legal representatives,
successors, and assigns.
C. Caption. The captions and headings in this Agreement are for convenience of
reference only and will not be used to interpret, define, or limit its provisions.
D. Counterparts. This Agreement may be executed in multiple identical
counterparts, all of which will constitute one agreement.
E. Entire Understanding. This Agreement represents the complete integration of all
understandings between the Parties and all prior representations and understandings—oral or
written—are merged herein. Prior or contemporaneous additions, deletions, or other changes will
not have any force or affect whatsoever, unless embodied herein.
F. Extinguishment and Replacement. This Agreement extinguishes and replaces
any prior agreements between the Parties related to the services described herein upon the Effective
Date.
G. Modification. Modifications of this Agreement will not be effective unless agreed
to in writing by the Parties in a formal written amendment to this Agreement, properly executed
and approved by all the Parties.
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H. Independent Counsel—Costs. The Parties acknowledge and agree that the terms
and conditions of this Agreement have been freely and fairly negotiated. Each Party acknowledges
that in executing this Agreement it has relied solely on its own judgment, belief and knowledge,
and such advice as it may have received from its own counsel, and that it has not been influenced
by any representation or statement made by the other Party or such Party’s Affiliates, including its
counsel. Each Party will pay its own fees and expenses incurred in connection with the negotiation,
drafting and execution of this Agreement, and in respect of the transactions contemplated by this
Agreement (including, without limitation, attorney’s fees, and costs).
I. Interpretation. The language in all parts of this Agreement will in all cases be
construed simply according to its fair meaning and not strictly construed against any Party. This
Agreement will be construed, and performance thereof will be determined in accordance with the
laws of the State of Michigan.
J. Waiver. No waiver of any provision of this Agreement will be effective unless the
same will be in writing and signed by the Party making such waiver, and any such waiver will
apply only to the specific occasion which is the subject of such waiver or consent and will not
apply to the occurrence of the same or any similar event on any future occasion. No delay express
waiver of any provision of this Agreement will be deemed to be or will constitute a waiver of any
other provision whether or not similar, and no waiver will constitute a continuing waiver. Any
delay in enforcement of any provision hereof will not constitute a waiver thereof.
K. Registration. During the term of this Agreement, Operator will be registered as a
business in good standing with the State of Michigan and be a recognized business entity
authorized to transact business in the State.
L. Severability. The invalidity or unenforceability of any provision of this Agreement
or the agreement documents will not affect the validity or enforceability of any other provision,
which will remain in full force and effect, provided that the Parties can continue to perform their
obligations under this Agreement in accordance with the intent of this Agreement.
M. Survival of Certain Terms. Notwithstanding anything herein to the contrary,
provisions of this Agreement requiring continued performance, compliance, or effect after
expiration or termination will survive such expiration or termination and will be enforceable by
Muskegon if Operator fails to perform or comply as required.
N. No Third-Party Beneficiaries. This Agreement does not and is not intended to
confer any rights or remedies upon any person or entity other than the Parties. Enforcement of
this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any
services or benefits which third parties receive because of this Agreement are incidental to this
Agreement, and do not create any rights for such third parties.
O. Public Records. All information in this Agreement, or related to this Agreement,
is subject to the provisions of the Freedom of Information Act 1976 no. 442, as amended, MCL
15.321, or latest revision thereof.
P. Attorney’s Fees. Each Party shall be responsible for their legal fees resulting from
the enforcement of this Agreement or any rights under this Agreement.
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XXV. RELATIONSHIP
The Parties agree that the Operator is an independent contractor. To that end, the Operator
will determine the method, details, and means of performing the work, but will comply with all legal
requirements in doing so. The Operator will provide its own tools, materials, or equipment. The
Parties agree that neither the Operator nor its principal is an employee of Muskegon or any of its
departments, agencies, or related entities. The Parties also agree that neither the Operator nor its
principal is entitled to any employee benefits from Muskegon. Operator understands and agrees that
it and its principal have no right to claim any benefits under Muskegon’s employee retirement system,
a Muskegon ’s worker’s compensation benefits, health insurance, dental insurance, life insurance, or
any other employee benefit plan offered by Muskegon.
XXVI. ATTACHMENTS
The following attachments are adopted, incorporated by reference, and made part of this
Agreement:
Attachment A: Notice to Proceed with E-scooters and E-bikes
Attachment B: Key Performance Indicators
Attachment C: City of Muskegon Specific Area Conditions
Attachment D: User Fees
Attachment E: Certificate of Insurance
Attachment F: Approved locations for Shared-Mobility Devices and Shared-Mobility
Services
Attachment G: Map of Furnished Facilities and Scope of Facility Use
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The Parties have signed this Agreement as of the Effective Date.
CITY OF MUSKEGON
By:
Frank Peterson
Its: City Manager
RIDE MUSKEGON, LLC
By:
Stephen Parent
Its: Member
By:
Terry Puffer
Its: Member
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ATTACHMENT A
Notice to Proceed with Program
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NOTICE TO PROCEED
City of Muskegon
To: Ride Muskegon, LLC Date:
Contract: Operating Agreement for electric bikes and scooters in the City of Muskegon
Project: Shared-Micro Mobility Project
Authorization: You are notified that, in accordance with the Operating Agreement dated
_______, 2021, you are authorized by the City of Muskegon, MI to establish and commence an
electric scooter program in the City of Muskegon exclusively, for the period of ten years (10), in
accordance with the Operating Agreement entered into between the parties.
Program Start Date:
Program End Date:
By:
Name:
Its:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
Ride Muskegon, LLC
a Michigan limited liability company
By: Stephen Parent
Its: Member
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ATTACHMENT B
Key Performance Indicators
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Key Performance Indicators *(EXAMPLE)*
Performance Description Measure Period Measured Unit Threshold
Indicator
System Reporting Monthly reports and Monthly/Annual See below See below
limited Admin access
provided.
Device Number of devices Average monthly E-bicycle 200
Availability available for use in a day
relative to the E-scooter (if 200
number of bicycles in the implemented)
system
Device Number of devices Monthly % of devices in 80%
Maintenance receiving a weekly service
and Inspection maintenance inspection
Station Stations receiving a Twice per month, % of stations 80%
Maintenance cleaning and inspection no more than 21
and Inspection days between
inspections
Device Response Time to respond to Any given point in
Complaint 12 hours
Time reported deficient, time/monthly
response time.
damaged, or unclean
station components
of devices.
Website/Mobile Percentage of time that the Any given point in % of total minutes 99%
App in Service website and mobile app time/ monthly per month
are in service
Customer Service Contractor will maintain a Any given point in Hours 95%
Availability toll free customer service time/monthly
number from 8a-8p (live
response), and a 24/7
after- hours service
(message). Customer
complaint and resolutions
should be tracked
through a system.
Customer Service Response time between Any given point in Complaint 24 hours or
Response Time customer inquiry and time/monthly acknowledgement less
complaint resolution plan response time.
Resolution plan
response time.
Measured in hours.
Device See below See below See below See below
Distribution
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Redistribution. CATMA will work with Gotcha to identify High Priority Areas based on station
usage per day and peak times of usage. Distribution will be critically timed to increase the
probability that each High Priority Area has sufficient bicycles available. Prior to the full launch,
Respondent and the CATMA will agree to designate High Priority Areas. Additionally, Gotcha
and the CATMA will agree to allocate a set minimum of the total bicycle fleet to the various
priority areas specified at peak days and hours.
*THIS IS AN EXAMPLE*
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ATTACHMENT C
City of Muskegon Location Specific Conditions
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City of Muskegon Specific Conditions Use and Operation *(EXAMPLE)*
Waterfront and Greenway. Operator will ensure that the speed limit for the electronic
assistance function of all Shared-Mobility Devices supplied under this Agreement will be limited
to no more than the (10) miles per hour when a Shared-Mobility Device is being used within the
Burlington Waterfront or on the Burlington Greenway.
Church Street Marketplace. Operator will ensure that the electronic assist function of
any Shared-Mobility Device operating on the Church Street Marketplace is automatically disabled
once the Shared-Mobility Device enters the Church Street Marketplace.
Operator will provide signs at the Waterfront Greenway docking stations that say, at a
minimum, “The motor on these bikes will cease to operate outside of the bike-share system limits,
and therefore will not be operational on the Causeway.
Prior to expiration of the initial term and 60 days prior to possible renewal, Operator will
provide the City a statement detailing its efforts to integrate escalated pricing into its fee structure,
including whether or when escalated pricing will be included as a feature. The City reiterates to
Operator that this is an important feature and will be evaluated as one condition of renewal.
*THIS IS AN EXAMPLE*
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ATTACHMENT D
User Fees for Initial Launch
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User Fees for Initial Launch *(EXAMPLE)*
The following fee schedule is reflective of the initial fees to charge Users decided by the parties
and are subject to change from time to time upon mutual agreement of the Parties.
Pay as You Go $2 to unlock, $.10/min
Monthly Ride Muskegon-Pass: $9.99 (20 minutes per unlock, $.10/min after)
Annual Ride Muskegon-Pass: $79.99 (20 minutes per unlock, $.10/min after)
Annual Subsidized-Pass: $5 monthly (30 min per unlock, then $.05/min after) Payable
w/o need of mobile device
*All pricing reflects use of e-bicycles only
**Free ride time is the first 20 minutes per unlock
*THIS IS AN EXAMPLE*
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ATTACHMENT E
Certificate of Insurance
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ATTACHMENT F
Approved Locations for Shared-Mobility Devices and Services
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ATTACHMENT G
Map of Furnished Facilities and Scope of Facility Use
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Audit Trail
Title
City of Muskegon Document
File Name
Operating Agreement - final.pdf
Document ID
4ed7f1fca465ccce5854357c88e21dc556566c29
Audit Trail Date Format
MM / DD / YYYY
Status Completed
09 / 27 / 2021 Sent for signature to Stephen Parent
16:33:27 UTC ([email protected]) and Terry Puffer
([email protected]) from [email protected]
IP: 47.225.48.40
09 / 27 / 2021 Viewed by Stephen Parent ([email protected])
16:34:40 UTC IP: 47.225.48.40
09 / 27 / 2021 Signed by Stephen Parent ([email protected])
16:35:04 UTC IP: 47.225.48.40
09 / 27 / 2021 Viewed by Terry Puffer ([email protected])
16:36:04 UTC IP: 73.161.137.70
09 / 27 / 2021 Signed by Terry Puffer ([email protected])
16:36:55 UTC IP: 73.161.137.70
09 / 27 / 2021 The document has been completed.
16:36:55 UTC
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/12/21 Title: West Urban Properties PILOT
Agreement Progress Report and Phase II
Authorization
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Dave Dusendang with West Urban Properties has prepared a progress report on
the first phase of the City’s PILOT rental unit development agreement with his firm. He is
requesting authorization to proceed with the second phase of the agreement, which includes 25
additional rental units.
Detailed Summary: Mr. Dusendang has prepared an attached report that illustrates the current
construction progress, lease-up status, and percent of Muskegon County AMI each unit’s occupier
represents. For the sake of privacy, the incomes are anonymized and the addresses are not
printed with the associated household. West Urban is proposing to continue the arrangement as
described in the original agreement by proceeding with 25 additional builds on pre-approved city
owned lots.
Amount Requested: $0 Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to authorize West Urban Properties to proceed with construction of
an additional 25 housing units on pre-approved city owned lots pursuant to the PILOT Agreement.
For City Clerk Use Only:
Commission Action:
West Urban Properties LLC
and
City of Muskegon
Pilot Development Agreement
Phase 1 of 4 Report
Phase 1 Report Summary
Effective of 10-7-2021
Annual
# Address # of Person AMI %
Income
1 Property #1 4 $ 72,000.00 113%
2 Property #2 4 $ 44,782.68 70%
3 Property #3 4 $ 50,121.60 99%
4 Property #4 2 $ 46,101.00 90%
5 Property #5 no tenant
6 Property #6 1 $ 49,005.84 110%
7 Property #7 3 $ 114,070.92 Above 120 %
8 Property #8 3 $ 51,720.00 90%
9 Property #9 1 $ 55,992.00 Above 120 %
10 Property #10 4 $ 58,356.00 91%
11 Property #11 5 $ 55,260.00 80%
12 Property #12 1 $ 83,505.12 Above 120 %
13 Property #13 2 $ 72,000.00 Above 120 %
14 Property #14 4 $ 100,000.00 Above 120 %
15 Property #15 2 $ 294,000.00 Above 120 %
16 Property #16 3 $ 51,200.00 90%
17 Property #17 1 $ 100,000.00 Above 120 %
18 Property #18 5 $ 68,985.00 100%
19 Property #19 under construction
20 Property #20 under construction
21 Property #21 under construction
22 Property #22 under construction
23 Property #23 under construction
24 Property #24 under construction
25 Property #25 under construction
26 Property #26 under construction
Currently, 65% of the occupied units are between 70% and 120% AMI as defined in the supporting
document Michigan State Housing Development Authority (MSHDA) Effective May 1, 2020.
% 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
70% $ 31,333.33 $ 35,800.00 $ 40,266.67 $ 44,716.67 $ 48,316.67 $ 51,900.00 $ 55,483.33 $ 59,066.67
80% $ 35,800.00 $ 40,900.00 $ 46,000.00 $ 51,100.00 $ 55,200.00 $ 59,300.00 $ 63,400.00 $ 67,500.00
90% $ 40,266.67 $ 46,000.00 $ 51,733.33 $ 57,483.33 $ 62,083.33 $ 66,700.00 $ 71,316.67 $ 75,933.33
100% $ 44,733.33 $ 51,100.00 $ 57,466.67 $ 63,866.67 $ 68,966.67 $ 74,100.00 $ 79,233.33 $ 84,366.67
110% $ 49,200.00 $ 56,200.00 $ 63,200.00 $ 70,250.00 $ 75,850.00 $ 81,500.00 $ 87,150.00 $ 92,800.00
120% $ 53,666.66 $ 61,300.00 $ 68,933.33 $ 76,633.33 $ 82,733.33 $ 88,900.00 $ 95,066.66 $ 101,233.33