City Commission Packet 03-22-2022

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         CITY OF MUSKEGON
          CITY COMMISSION MEETING
              MARCH 22, 2022 @ 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:
         Pulaski Lodge Recognition
□        PUBLIC COMMENT ON AGENDA ITEMS:
□        CONSENT AGENDA:
    A. Approval of Minutes       City Clerk
    B.   Beukema Park Pavilion Public Works
    C. Pavement Markings         Public Works
    D. Street Sweeping    Public Works
    E.   Aggregates, Highway Maintenance Materials, and Ready-Mixed
         Concrete   Public Works
    F.   Social District Permit Recommendation            Economic Development
□    PUBLIC HEARINGS:
    A. Recommendation for Annual Renewal of Liquor Licenses              City Clerk
    B.   MDNR Grant Applications         Public Works
    C. Commercial Rehabilitation District – 2725 Olthoff Drive – Northern
       Biomedical Research     Planning
□ UNFINISHED BUSINESS:
    A. Summer Concert Series, Social Sandbox              Economic Development


                                            Page 1 of 2
    B.   Rezoning 653 Yuba Street                   Planning – 2nd Reading
    C. Amendment to the Marihuana Facilities Overlay District – Temporary
       Marihuana Events at 1800 Peck Street    Planning – 2nd Reading
□ NEW BUSINESS:
    A. Adelaide Pointe Development Agreement Restated                                   Economic
       Development
□ 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.)

□ 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.




                                                         Page 2 of 2
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: March 22, 2022             Title: Approval of Minutes

Submitted By: Ann Marie Meisch, MMC                 Department: City Clerk

Brief Summary: To approve the minutes of the February 22, 2022 Regular Meeting and the
February 28, 2022 Special 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 MEETING
          FEBRUARY 22, 2022 @ 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, Michigan at 5:30 p.m., Tuesday, February 22,
2022. Reverend Diane Stark, Unity Church, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners,
Teresa Emory, Rachel Gorman, Rebecca St.Clair, Eric Hood, and Michael
Ramsey, City Manager Franklin Peterson, City Attorney John Schrier, and Deputy
City Clerk Kimberly Young.
PUBLIC COMMENT ON AGENDA ITEMS:             No public comments were received.
2022-14     CONSENT AGENDA:
  A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the January 25, 2022 Regular
Meeting.
STAFF RECOMMENDATION:          To approve the minutes.
  B.   Sale – 760 Leonard      Economic Development
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 760 Leonard in Jackson Hill to Brittany Alexander.
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 $206,000, and the
incurred sales commissions are $10,000, and sellers’ concession of $6,000. The
City will not contribute funds toward closing costs outside of seller’s concession
and 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

                                         Page 1 of 11
$75,000 investment in the project.
STAFF RECOMMENDATION:           Authorize the Code Coordinator to complete the
sale of 760 Leonard Street, as described in the purchase agreement, and for the
Mayor and Clerk to sign the deed.
  C. Peck Street – Change Order #006           Public Works
SUMMARY OF REQUEST: Staff is requesting approval of Change Order #006 on
the Peck Street project as the overall project has exceeded staff approval levels
for change orders.
Change order #006 represents final balancing of all items on the project and will
bring the project to a close. Change order #006 requests a net increase to the
project of $100,647.98 above the previously approved requests.
This change order will result in the following final values for the project:
As-Bid Cost = $3,481,438.91
Final Cost = $4,186,417.34
Net Change = $704,978.43 (20.2% increase)
As a note of clarification, several of the previously approved change orders
were the result of additional work undertaken at the request of Muskegon Public
Schools to facility utility relocations for capital projects at the High School and
Middle School sites. Of the $$704,978.43 net increase to the project it is
expected that MPS will reimburse the City $467,454.93 resulting in the true cost
increase of the project really being $237,523.50 (6.8% Increase).
This increase is still slightly above the 6% budgeted contingency on the projects
and will require a slight reforecast adjustment in the future. It should be noted
that this project was bundled and bonded in conjunction with the Amity
Avenue project (92009). The Amity Avenue project is nearing final closeout and
is on track to be finalized at or slightly below the as-bid amount resulting in
nearly all of the budgeted 6% contingency from the project being able to cover
the slight overrun on Peck Street.
AMOUNT REQUESTED:         $100,647.98          AMOUNT BUDGETED:           $63,090.94
                                               (Remaining Contingency 92010)
FUND OR ACCOUNT:          202/590/591/92010
STAFF RECOMMENDATION:          Authorize staff to approve Change Orders #006
to Project 92010 in the amount of $100,647.98 for the additional work as noted.
  D. Western Avenue Fifth to Third Parking Lane Improvements – Contract
     Award      Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to approve a contract
with Anlaan Corporation in the amount of $332,863.00

                                           Page 2 of 11
Bids were solicited for a construction project to improve the parking lane along
Western Avenue, between Fifth and Third. Anlaan provided the low bid. The bid
tabulation sheet is in the packet.
Two alternates were also solicited. Alternate #1 is a different type of bollard post
system. Alternate #2 is a different concrete surface finish and texture. The base
bid is the preferred construction method, therefore staff recommends
acceptance of the base bid and rejection of the alternates.
AMOUNT REQUESTED:         $332,863.00        AMOUNT BUDGETED:          $300,000
                                             Upcoming Forecast
FUND OR ACCOUNT:          101-91116 & 202-92201
STAFF RECOMMENDAITON:        Authorize staff to approve a contract with
Anlaan Corporation in the amount of $332,863.00.
  E.   Hartshorn Marina Village Brownfield Repayment City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the repayment schedule for
the Hartshorn Marina Village Brownfield project.
In 2020 the City Commission authorized the issuance of up to $8 Million in
general obligation bonds for a number of municipal projects. One of the
projects included was the infrastructure for Hartshorn Marina Village. The
$600,000 expense was to be repaid via Brownfield tax capture. The Brownfield is
approximately two years behind schedule as the developers have dealt with
various environmental issues. This delay has left the Brownfield Fund with
inadequate cashflow to cover the debt payments today, and we expect that
will be the case for the next 1-2 years as well.
The Finance Department has reviewed the obligations and is recommending
that the General Fund assume the debt obligation and make the payments. In
return, the General Fund will retain the tax capture to reimburse itself with
interest over the life of the Brownfield. An amortization schedule is provided in
the packet. Note that the $600,000 original principal has already incurred
interest for one year, resulting in a starting balance above $600,000.
STAFF RECOMMENDATION:         Authorize the repayment schedule to reimburse
the General Fund $600,000 plus 5% interest from the Brownfield Fund.
  F.   Deficit Elimination Plan – BRA – Hartshorn Village (combined) Finance
SUMMARY OF REQUESTON:            To approve the Deficit Elimination plan and
resolution for the Brownfield Redevelopment Authority (combined) and direct
staff to submit plan to the State of Michigan.
On June 30, 2021, the Brownfield Redevelopment Authority (combined) had a
$567,040 deficit. Act 275 of Public Acts of 1980 requires the City to formulate a
deficit elimination plan and submit it to the Michigan Department of Treasury.

                                          Page 3 of 11
The deficit elimination plan and resolution for the Brownfield Redevelopment
Authority are provided.
STAFF RECOMMENDATION:       To approve the deficit elimination resolution for
the Brownfield Redevelopment Authority Fund.
  H. Development Agreement LRS Enterprises            Development
     Services/Economic Development
SUMMARY OF REQUEST: Staff is seeking approval of the Development
Agreement.
LRS Enterprises was selected as one of four contractors for the ARPA-funded infill
housing program. The goal of the program is to continue in-filling vacant lots in
our core neighborhoods while ensuring the housing units are offered in a more
affordable manner.
There is not crystal-clear guidance from the US treasury related to required level
of affordability, but we expect that a portion of the homes will be designated to
families with incomes between 60% and 80% of AMI. The City will maintain
ownership of the infill sites throughout the construction process, and will control
the sale process. The City Commission will vote on each formal sale at the time
of the sale – similarly to the Midtown Square projects. This will allow the City
Commission more discretion in determining the depth of the affordability
component of the program
The most notable change from the model agreement previously presented to
the City Commission in 2021 is the anticipated cost per house We have raised
the maximum to $235,000 to address increases in materials.
Access to housing at all levels of affordability is difficult now. We are in a prime
position to lead the county in new housing, and I recommend that we do so.
Note that the addresses are not included. There are hundreds of addresses to
select from, but many were acquired via the tax foreclosure process and have
title issues to address. Staff feels comfortable working with the builder to identify
the most-appropriate building sites that have clear title.
AMOUNT REQUESTED:         $750,000
FUND OR ACCOUNT:          State/Federal Grants
STAFF RECOMMENDATION:            Approve the agreement and authorize the City
Manager to sign.
  K. Request for Water Utility Connection Fee Waiver       Development
     Services/Economic Development
SUMMARY OF REQUEST: The vacant filling station/winery building at 611 W. Clay
is being redeveloped into a boutique hotel and is requesting a waiver of their
water utility connection fees.


                                           Page 4 of 11
The long vacant and half constructed site at 611 W. Clay was once supposed to
be a winery and restaurant space, and has sat vacant for several years. The
new owners, Jeremy Garcia of Muskegon and Bryan Hamrick of Grand Rapids,
have run into some cost overruns with their project due to construction materials
and other factors, and are asking for the city commission to consider waiving
their domestic and fire suppression utility hookup fees. A quote from DPW is
provided in the packet. There is currently a moratorium on any sewer
connection fee waivers and staff informed the owners of that fact so they are
not requesting sewer hookup fees be waived.
AMOUNG REQUESTED:        $11,800 in fee waivers
STAFF RECOMMENDATION:          To approve the request by 611 W. Clay LLC to
waive domestic water and fire suppression utility connection fees for the
construction project at 611 W. Clay as presented.
  L.   Precinct Boundary Changes      City Clerk
SUMMARY OF REQUEST: The City Commission adopted a resolution allowing
certain precinct boundary changes on February 8, 2022. There is an additional
change that needs to be made in order to avoid a county commission district
split in precinct 11. This will not impact the balancing of wards as precinct 11
and 12 are in the same ward.
Voters in Precinct 11 that live on Pine Grove and on the odd side of Winchester
will be moved to Precinct 12. The County Commission boundary runs right down
Winchester. Voters on the odd (west) side will be in County Commission District 4,
those on the even (east) side will be in County Commission District 7.
Due to the timeline for getting changes submitted to the State of Michigan,
Bureau of Elections, we are seeking approval of the changes so that we can
submit our revisions as soon as possible.
The deadline for precinct boundary changes to be submitted for the May 3,
2022 Election is March 4, 2022. We would like to have the changes made before
the May Election to allow for time to send new voter ID cards to voters in the
City of Muskegon. Approximately 798 total voters (721 from previous changes
and 77 from this change) will be assigned to new precincts and polling places.
All voters will receive new ID cars to identify changes to Precinct, Ward, Polling
Place, County Commission District, State House District, State Senate District, and
Congressional District numbers
Change #5 – move approximately 77 voters from Ward 4 precinct 11 to Ward 4
Precinct 12 – to avoid a County Commission District split in Precinct 11.
STAFF RECOMMENDATION:       To concur with the recommendation of the City
of Muskegon Election Commission and adopt the resolution to alter precinct
boundaries.


                                         Page 5 of 11
  M. Unmarked Police Vehicle Lease Plan Public Safety
SUMMARY OF REQUEST: Unmarked Police Vehicle Lease Plan with Hertz Rental
Cars.
Due to the State of Michigan discontinuing the WHEELS Program mid-year, four
(4) unmarked vehicles assigned to our undercover detectives have ben
returned to the State of Michigan. Replacement vehicles need to be in service
by 2. 24. 2022. Cost per replacement lease vehicle including maintenance and
other flex options is approximately $700 per vehicle ($2,800 per month). This
lease program will be in place until the end of this current budget year. Fleet
insurance and fuel costs will still be sustained by the City of Muskegon.
AMOUNT REQUESTED: Already in 21/22 budget AMOUNT BUDGETED: $13,125
FUND OR ACCOUNT:         101-40301-4363
STAFF RECOMMENDATION:           To approve the lease with Hertz Rental Car for
unmarked Police Vehicles.
Motion by Commissioner Gorman, second by Vice Mayor German, to accept
the consent agenda as presented, minus items G, I, and J.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
           Gorman
            Nays: None
MOTION PASSES
2022-15     REMOVED FROM CONSENT AGENDA:
  G. Development Agreement Williams Construction          Development
     Services/Economic Development
SUMMARY OF REQUEST: Staff is seeking approval of the Development
Agreement.
Williams Construction was selected as one of four contractors for the ARPA-
funded infill housing program. The goal of the program is to continue in-filling
vacant lots in our core neighborhoods while ensuring the housing units are
offered in a more affordable manner.
There is not crystal-clear guidance from the US treasury related to required level
of affordability, but we expect that a portion of the homes will be designated to
families with incomes between 60% and 80% of AMI. The City will maintain
ownership of the infill sites throughout the construction process, and will control
the sale process. The City Commission will vote on each formal sale at the time
of the sale – similarly to the Midtown Square projects. This will allow the City
Commission more discretion in determining the depth of the affordability
component of the program


                                          Page 6 of 11
The most notable change from the model agreement previously presented to
the City Commission in 2021 is the anticipated cost per house We have raised
the maximum to $235,000 to address increases in materials.
Access to housing at all levels of affordability is difficult now. We are in a prime
position to lead the county in new housing, and I recommend that we do so.
Note that the addresses are not included. There are hundreds of addresses to
select from, but many were acquired via the tax foreclosure process and have
title issues to address. Staff feels comfortable working with the builder to identify
the most-appropriate building sites that have clear title.
AMOUNT REQUESTED:         $750,000
FUND OR ACCOUNT:          State/Federal Grants
STAFF RECOMMENDATION:            Approve the agreement and authorize the City
Manager to sign.
Motion by Commissioner Emory, second by Commissioner St.Clair, to approve
the agreement and authorize the City Manager to sign.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and
           Emory
             Nays: None
MOTION PASSES
  I.    Development Agreement Kramer Builders Development
       Services/Economic Development
SUMMARY OF REQUEST: Staff is seeking approval of the Development
Agreement.
Kramer Builders was selected as one of four contractors for the ARPA-funded
infill housing program. The goal of the program is to continue in-filling vacant lots
in our core neighborhoods while ensuring the housing units are offered in a more
affordable manner.
There is not crystal-clear guidance from the US treasury related to required level
of affordability, but we expect that a portion of the homes will be designated to
families with incomes between 60% and 80% of AMI. The City will maintain
ownership of the infill sites throughout the construction process, and will control
the sale process. The City Commission will vote on each formal sale at the time
of the sale – similarly to the Midtown Square projects. This will allow the City
Commission more discretion in determining the depth of the affordability
component of the program
The most notable change from the model agreement previously presented to
the City Commission in 2021 is the anticipated cost per house We have raised
the maximum to $235,000 to address increases in materials.

                                           Page 7 of 11
Access to housing at all levels of affordability is difficult now. We are in a prime
position to lead the county in new housing, and I recommend that we do so.
Note that the addresses are not included. There are hundreds of addresses to
select from, but many were acquired via the tax foreclosure process and have
title issues to address. Staff feels comfortable working with the builder to identify
the most-appropriate building sites that have clear title.
AMOUNT REQUESTED:         $470,000
FUND OR ACCOUNT:          State/Federal Grants
STAFF RECOMMENDATION:            Approve the agreement and authorize the City
Manager to sign.
Motion by Vice Mayor German, second by Commissioner Gorman, to approve
the agreement and authorize the City Manager to sign.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, German, Gorman, Emory, and
           St.Clair
             Nays: None
MOTION PASSES
  J.    Amendment to Community enCompass Infill Housing Agreement (EACH
       Program)  Development Services/Economic Development
SUMMARY OF REQUEST: A proposed amendment to the existing Development
Agreement for low/moderate income infill housing.
In an attempt to further our Economic Equity efforts and to create diversity of
housing price points as we build infill, we have been working for quite some time
with Community enCompass to construct and infill affordable and accessible
owner occupied single family housing. Two of the three houses have been
placed and we are working on identifying a third lot. Staff has come up with a
strategy to substitute ARPA dollars for the HOME funds originally intended for this
project, and in doing so reallocate those funds to a fourth accessible unity. The
provided amendment clarifies the use of ARPA dollars rather than HOME Funds,
and if approve staff will work on a proposed project to install the fourth house.
All units would still be in the City’s Brownfield TIF and any losses at sale would be
captures, and Community enCompass is still providing $320,000 of the total
$570,000 construction costs for the original three homes, as well as down
payment assistance and other potential services to income qualified buyers,
below 80% AMI.
AMOUNT REQUESTED:         $250,000     AMOUNT BUDGETED: N/A (ARP Funds)
STAFF REOCMMENDATION:         To approve the amendment as presented and
authorize the Mayor and Clerk to sign.
Motion by Vice Mayor German, second by Commissioner Gorman, to approve

                                           Page 8 of 11
the amendment as presented and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and
           Johnson
             Nays: None
MOTION PASSES
2022-16      UNFINISHED BUSINESS:
  A. Amendment to the Marihuana Facilities Overlay District – 1314 E Apple
     Avenue – 2nd Reading  Planning
SUMMARY OF REQUEST: Request to amend Section 2331 of the zoning
ordinance to include 1314 E Apple Avenue into the Marihuana Facilities Overlay
District with retail, provision centers and class B recreational grows as approved
license types, by Lake Michigan Labs.
The Planning Commission recommended approval of the request by a 6-1 vote.
STAFF RECOMMENDATION:              To approve the request to amend Section 2331
of the zoning ordinance to include 1314 E Apple Avenue into the Marihuana
Facilities Overlay District with retail, provision centers, and class B recreational
grows as approved license types.
Motion by Commissioner Gorman, second by Commissioner Hood, to approve
the request to amend Section 2331 of the zoning ordinance to include 1314 E
Apple Avenue into the Marihuana Facilities Overlay District with retail, provision
centers, and class B recreational grows as approved license types.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and
           Hood
             Nays: None
MOTION PASSES
2022-17      NEW BUSINESS:
  A. HBA Demolitions      Public Safety
      2123 Henry - Removed
      507 E Apple
      743 Amity
      867 Scott
SUMMARY OF REQUEST: The Housing Board of Appeals approved the demolition
of 2123 Henry, 507 E Apple, 743 Amity, and 867 Scott Street.
This is to request that the City Commission concur with the findings of the
Housing Board of Appeals that the structures located at 2123 Henry, 507 E.


                                           Page 9 of 11
Apple, 743 Amity, and 867 Scott, are unsafe, substandard, a public nuisance
and that they be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent, or responsible party if they do not
demolish the structure.
FUND OR ACCOUNT: 101-80387-5356
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish 2123 Henry, 507 E Apple, 743 Amity, and 867 Scott.
Motion by Vice Mayor German, second by Commissioner Ramsey, to concur
with the Housing Board of Appeals decision to demolish 743 Amity.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and
           Ramsey
            Nays: None
MOTION PASSES
Motion by Commissioner Ramsey, second by Commissioner Hood, to concur
with the Housing Board of Appeals decision to demolish 507 E. Apple.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and
           German
            Nays: None
MOTION PASSES
Motion by Commissioner Ramsey, second by Vice Mayor German, to concur
with the Housing Board of Appeals decision to demolish 867 Scott Street.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and
           Gorman
            Nays: None
MOTION PASSES
  B.   Interim City Manager    City Manager
SUMMARY OF REQUEST: To appoint LeighAnn Mikesell as Interim City Manager
effective April 1, 2022.
Current City Manager has provided notice to the City Commission that he will
be stepping down on April 1, 2022. Current Deputy City Manager LeighAnn
Mikesell is prepared to step in as interim city manager. While serving in the
interim city manager capacity, LeighAnn shall maintain her current salary and
benefits plus an additional $300 salary stipend per week. In the event the Interim
City Manager serves in that capacity beyond June 30, 2022, the salary and

                                         Page 10 of 11
benefits will be renegotiated.
STAFF RECOMMENDATION:          Appoint LeighAnn Mikesell as Interim City
Manager effective April 1, 2022.
Motion by Commissioner Ramsey, second by Commissioner Hood, to appoint
LeighAnn Mikesell as Interim City Manager effective April 1, 2022.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and
           Emory
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:       Vice Mayor German recited a tribute honoring Ruby
Bridges in recognition of Black History month. Ruby Nell Bridges Hall is an
American civil rights activist. She was the first African-American child to
desegregate the all-white William Frantz Elementary School in Louisiana during
the New Orleans school desegregation crisis on November 14, 1960.
PUBLIC COMMENT ON NON-AGENDA ITEMS:                Public comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 7:15 p.m.


                                           Respectfully Submitted,




                                           Kimberly Young, Deputy City Clerk




                                        Page 11 of 11
                              CITY OF MUSKEGON
                       SPECIAL CITY COMMISSION MEETING


                      Monday, February 28, 2022 - 2:30 p.m.
             Muskegon City Hall, 933 Terrace Street, Muskegon, MI 49440
                     In the Commission Chambers, Room 107

                                      MINUTES
Present: Mayor Johnson, Vice Mayor German, Commissioners Ramsey, Gorman,
Emory, St.Clair, and Hood

2022-18

American Rescue Plan Act (ARPA)

   1. Project Discussion, 2. Process and Strategy, 3. Communication Plan

Staff updated the Commission on the City’s allocation of the federal American Rescue
Plan Act (ARP) funds. Staff is seeking Commission input on a strategy for identifying
and evaluating projects & ways to engage our neighbors to communicate these efforts.

Many beneficial projects and investments that can and should be made with these funds
– whether they are funded through our ARP allotment or other sources of stimulus
funds. The City’s $22.8M ARP allocation does not meet all needs and we expect to be
more strategic with our funding recommendations.

A community needs survey was previously presented to gather initial community input.
An internal team was assembled to work through the development of a strategy for
identifying potential uses that the community would support and embrace.

Additional funding sources outside of ARPA exist for many community needs, and a
screening process should be used to test each option to ensure ARP is the best funding
source. Staff also sought Commission input regarding communication with the public
(presenting and receiving information) to ensure this once-in-a-lifetime funding creates
the greatest long-term community benefit. Our focus is on the sustainability and
longevity of using these funds.

Adjourned:          The Special Meeting of the City Commission adjourned at 5:03 p.m.

                                        Respectfully Submitted,



                                        Ann Marie Meisch, MMC – City Clerk
                      Agenda Item Review Form
                       Muskegon City Commission
Commission Meeting Date: 03/22/2022                Title: Beukema Park Pavilion

Submitted By: Leo Evans                            Department: Public Works

Brief Summary: Staff is requesting authorization to contract with Muskegon Quality Builders for the
construction of a new pavilion at Beukema Park.

Detailed Summary:
Staff worked with the Marquette Neighborhood to develop an RFP for the construction of a new
pavilion at Beukema Park. Staff then solicited bids for the construction of the specified pavilion.
One (1) bid was received for the project from Muskegon Quality Builders.


   •   Muskegon Quality Builders – $69,900.00


Staff reviewed the bid packet and consulted with a landscape architect to confirm that the bid
pricing was appropriate given that only one bid was received. Staff is comfortable that the bid is
complete and appropriately priced for the work scheduled to be completed.


Construction would be scheduled for this spring/summer with a target completion date to allow for
use of the pavilion during the National Night out in August.

Amount Requested: $69,900.00                          Amount Budgeted: $700,000.00
                                                      Less Reese Playground = $364,600.00
                                                      Less Beukema Playground = $220,568.25
                                                      Remaining = $114,831.75

Fund(s) or Account(s): 101-92126-5346                 Fund(s) or Account(s): 101-92126-5346

Recommended Motion:
Authorize staff to contract with Muskegon Quality Builders in the amount of $69,900.00 for the
construction of a new pavilion 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:
                                                        1.10 BID TABULATION
            City of Muskegon                                                Project Engineer:    LAE                Date:             3/2/2022
            Engineering Department                                           Project Number:     101-92126
                                                                          Project description:   BEUKEMA PARK PAVILION
                                                                         Engineer's Estimate:     -

                                                                                                                  Muskegon Quality Builders

Line Item    Pay Code Description                                                    Units       Quantity         Unit Price         Total

     1          N/A     Shuffleboard Removal                                     LSUM                       1 $       1,500.00   $    1,500.00

     2          N/A     Site Grading                                             LSUM                       1 $       1,000.00   $    1,000.00

     3          N/A     4" Concrete Slab                                         LSUM                       1 $       9,000.00   $    9,000.00

     4          N/A     Pavilion Construction                                    LSUM                       1 $      42,000.00 $     42,000.00

     5          N/A     Pavilion Electrical                                      LSUM                       1 $       6,800.00   $    6,800.00

     6          N/A     Mobilization / Cleanup / Etc…                            LSUM                       1 $       9,600.00   $    9,600.00



                                                                                    BASE BID TOTAL:                              $   69,900.00




Bid Tabulation 1 of 1
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: March 22, 2022               Title: Pavement Markings

Submitted By: Dan VanderHeide                         Department: Public Works

Brief Summary:
Staff is requesting authorization to contract with Michigan Pavement Markings, LLC for pavement
marking services throughout the City during the 2022 construction season.

Detailed Summary:
The Muskegon County Road Commission regularly bids the installation of pavement markings for
many municipalities in the County, including the City, and has done so again in 2022. The County
received two bids; Michigan Pavement Markings, LLC was the low bidder and the County has
awarded them a contract.
Traditionally, the City has had linear pavement markings refreshed throughout the entire City each
spring, and this year requests $25,525.00 to do so again, as detailed on the attached pricing sheet.
This year, the Laketon corridor from Lakeshore to Creston, also needs to have the “special” markings
refreshed (left turn arrows, crosswalks, stop bars, etc.) at a cost of $13,020.00 as detailed.
The City regularly has reason to perform miscellaneous marking to change problem areas, to remark
areas destroyed by construction work, and to refresh fading markings late in the season. Staff
requests a 25% contingency on the contract ($9,636.25) to cover these costs.

Amount Requested: $48,181.25                         Amount Budgeted: $48,181.25 (FY22-23)

Fund(s) or Account(s): 202-60440-5346                Fund(s) or Account(s): 202-60440-5346

Recommended Motion:
Authorize staff to contract with Michigan Pavement Markings, LLC in the amount of $48,181.25 for
pavement marking services throughout the City during the 2022 construction season.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
                                                                               I
                                                  BID FORM                     I
                                     2; 22 SPECIAL PAVEME~T MARKl~GS

                                               i
                                               I
                                                   CITY OF MUSKEGON
                                               '
                      ITEM                                UNIT          ESTlrylATED               UNIT PRICE
                                                                         QUANTITY
ONLY                                                     - EACH
LEFT TURN (LT)                                            EACH                                   30.00
                                                                             i 2d
LEFT TURN/THRU (LT/TH)                     I              EACH
                                                                                                 .5SJoo
THRU                                       !              EACH
                                           i
THRU/RIGHT TURN (TH/RT) I                                 EACH
                                           I
                                                                                                 55.D0
RIGHT TURN (RT)                                           EACH                 I -




                                                                                                  -
                                                                               I

CENTERLINE ONLY (CL)                                      EACH
CHEVRON MARKING (6" WIDE)                                 FEET                                   0 , ?S
                                           I


WHITE DOTS (4" WIDE)                                      FEET
                                                                                                 J, zS
SCHOOL                                                    EACH
RR (COMPLETE SYMBOL, INCLUDING                            EACH
~~T~~;v~~~::A~~~~puNDEDBY
6" CROSSWALK (6" CW)                   ,                  FEET
                                                                             z                  I 10. o o
                                       '
                                                                      /tJ, OtJO                  0- b.5
12" CROSSWALK (12" CW)                                    FEET
                                                                                                 /., 10
STOP BAR 24" (24" SB)                                     FEET
                                                                                                /. 15
STOP BAR 12" (12" SB)                                     FEET
                                                                                                /. /0
STOP BAR 18" (18" SB)                                     FEET
                                                                                                /• so
                                  ''
                                                                               I

.. Reserves the right to specify sta,hdard or narrow RR markings
                                    I                                  T'O'i~ L 8(D:           $ l 3 ,0 2-.e>. DO
Name of Firm                 MPfj,1
                             P.O./BOX 9673
                             1
Address                      A"i'¢)MIN8 1 Ml 49509
                                 I
_ _ _ _ _ _ _ __.,.i ___Zip_ _ __




                                                                   Date:._
                                                                                   1   ,2 _.
                                                                                        Cl r- '"7
                                                                              __,:.._ _ _/_ _
                                                                                   1
                                                                                                    Z., _
                                                                                                  v___
Type Above Name & Title                                                            I
                                                         25
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: March 22, 2022                Title: Street Sweeping

Submitted By: Dan VanderHeide                          Department: Public Works

Brief Summary:
Staff is requesting authorization to contract with Tri-US Services, Inc. for street sweeping services
throughout the City during the 2022 season.

Detailed Summary:
Tri-US Services has been performing street sweeping services for the City for the last 4 years based
on a 2018 bid, with the 2021 year contracted under an optional extension to the original 3-year
contract. For 2022, due to staff turnover and with the support of Tri-US Services, staff proposes a
special purchase by extending the contract an additional year. Tri-US Services has agreed to extend
their pricing from the 2018 bid, adding a 1.58% Fuel Surcharge, for a total of $255,000 for the City’s
major and local streets.
MDOT contracts with the City for sweeping of the trunklines within the City via reimbursement, and
the City has historically used the same bid contract for trunkline sweeping. Due to the proposed
contract extension/special purchase, MDOT requested that staff seek quotes for the trunkline portion
of the contract. Staff solicited quotes from Tri-US Services, Sanisweep of Grand Rapids, and Curbco
of Flint, the same companies that requested bid packages in 2018. Tri-US Services and Sanisweep
submitted pricing, with Tri-US Services price of $18,315 being the same as their 2018 bid price, and
the lowest received. Staff recommends the trunkline portion be awarded to Tri-US Services at
$18,315 and MDOT will again reimburse the City for the trunkline portions.
The total street sweeping contract request is $273,315 for the 2022 season, plus a charge of $150.00
per hour for special requests, used for things like events and construction sweeping.

Amount Requested: $273,315.00                         Amount Budgeted: $2,037,262

Fund(s) or Account(s): 101-60523-5300                 Fund(s) or Account(s): 101-60523-5300

Recommended Motion:
Authorize staff to contract with Tri-US Services, Inc. in the amount of $273,315.00 for street
sweeping services throughout the City, including state trunklines, for the 2022 season.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
SANISWEEP, INC
                                                                                             QUOTE
0-3450 RIVERHILL DR NW
GRAND RAPIDS, MI 49534
                                                                                              DATE

                                                                                             2/23/2022


  NAME / ADDRESS

MUSKEGON, CITY OF
1350 E. KEATING
MUSKEGON, MI 49442




      ITEM                                      DESCRIPTION

SWEEPING             19.8 TRUNKLINE CURB MILES                                              31,680.00
                     4 SWEEPS PER YEAR
                     $400/MILE (4 SWEEPS)

                     Area A – To include all curbed and uncurbed paved streets and paved
                     shoulders along Route M0046
                     (Apple Avenue from NB031 on-ramp west to Muskegon Avenue).
                     Area B – To include all curbed and uncurbed paved streets and paved
                     shoulders along Route
                     BI096/US031 (“Seaway Drive/Shoreline Drive/Moses J. Jones Parkway”
                     from Bayou Street to Sherman
                     Boulevard)




                                                                        Total              $31,680.00




       Phone #             Fax #                         E-mail

     616-677-3028      616-677-1957            [email protected]
                      Agenda Item Review Form
                       Muskegon City Commission

                                                       Title: Aggregates, Highway Maintenance
Commission Meeting Date: March 22, 2022                       Materials, and Ready-Mixed Concrete

Submitted By: Dan VanderHeide                          Department: Public Works

Brief Summary:
Award supply of aggregates, highway maintenance materials and ready-mixed concrete for 2022
to selected bidders.



Detailed Summary:
Bids were solicited for aggregates, highway maintenance materials and ready-mixed concrete for
purchase in 2022. Purchases will be made from the recommended bidders listed in yellow on the
attached bid tabs. Purchases are contingent upon product availability, timely deliveries, and prices
as quoted.
No bids were received for liquid chloride items, which are an important part of the City’s operations
for snow removal and gravel road maintenance. Staff will be working to find sources for these items.



Amount Requested: Varies by fund                     Amount Budgeted: Varies by fund

Fund(s) or Account(s): 101, 202, 203, 590, 591       Fund(s) or Account(s): 101, 202, 203, 590, 591

Recommended Motion:
Authorize staff to award bids for aggregates, highway maintenance materials and ready-mixed
concrete for purchase during the 2022 construction season as presented.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                                                                      Aggregates
                                                                                   BID TABULATION
                                                                                     March 8, 2022

                                                          Contractor           Accurate Excavators, LLC      VerPlank Trucking Co.         McCormick Sand, Inc.          Yellow Rose Transport
                                                           Address                 2821 Central Rd                 P.O. Box 8                 5430 Russel Rd                3531 Busch Dr
                                                             City/St             Muskegon, MI 49445           Ferrysburg, MI 49409          Twin Lake, MI 49457           Grandville, MI 49418
                                                             Phone                  (231) 766-0557               (616) 842-1448               (231) 766-0466                (616) 534-0077
                                                                    Deliver     UNIT                          UNIT                         UNIT                          UNIT
                DESCRIPTION                      QUANTITY     UNIT or Pickup   PRICE     TOTAL PRICE         PRICE      TOTAL PRICE       PRICE     TOTAL PRICE         PRICE     TOTAL PRICE

                                                                       DEL                           $0.00    $24.45        $6,112.50                           $0.00    $23.75         $5,937.50
1 32FA/H1 (Coarse stone-sand)                      250        TON

                                                                       PU                            $0.00    $22.50        $5,625.00                           $0.00                        $0.00

2 Road Slag, 22A                                  5,000       TON
                                                                       DEL                           $0.00    $15.30      $76,500.00                            $0.00    $15.20        $76,000.00

                                                                       DEL                           $0.00    $13.50        $3,375.00                           $0.00    $13.00         $3,250.00
3 Natural Road Gravel, 22A, 23A                    250        TON

                                                                       PU                            $0.00                        $0.00                         $0.00                        $0.00

                                                                       DEL                           $0.00    $12.50        $3,125.00                           $0.00    $12.85         $3,212.50
4 2NS Sand/Torpedo Sand                            250        TON

                                                                       PU                            $0.00                        $0.00                         $0.00                        $0.00

                                                                       DEL      $11.95         $5,975.00      $12.00        $6,000.00      $17.50              $87.50                        $0.00
5 Screened Top Soil                                500        CYD

                                                                       PU        $9.00         $4,500.00                          $0.00    $13.00              $65.00                        $0.00

                                                                       DEL       $7.50       $15,000.00         $8.25     $16,500.00        $7.80              $46.80     $7.75        $15,500.00
6 Fill Sand (Class II or IIIA, Not Beach Sand)    2,000       CYD

                                                                       PU        $3.95         $7,900.00                          $0.00     $3.25              $19.50                        $0.00
                                                                            Highway Maintenance Materials
                                                                                 BID TABULATION
                                                                                    March 8, 2022

                                      Contractor             Unique Paving Mats.            Bit-Mat Michigan              Asphalt Paving, Inc.         MI Paving & Materials          Sherwin Industries
                                       Address                 3993 E 93rd St                401 Tiernan Rd              1000 E. Sherman Blvd              1600 N. Elm                2129 W Morgan Ave
                                         City/St            Cleveland, OH 44105            Bay City, MI 48706             Muskegon, MI 49444            Jackson, MI 49202             Milwaukee, WI 53221
                                         Phone                 (216) 441-4880                (989) 684-0341                 (231) 733-1409                (517) 740-4960
                                                 Deliver                 TOTAL                         TOTAL                           TOTAL                        TOTAL                         TOTAL
         DESCRIPTION              QTY      UNIT or Pickup UNIT PRICE     PRICE          UNIT PRICE     PRICE           UNIT PRICE      PRICE         UNIT PRICE     PRICE          UNIT PRICE     PRICE

    38% Liquid Calcium Chloride
1                                 40,000   GAL     DEL                          $0.00                          $0.00                         $0.00                         $0.00                       $0.00

    32% Liquid Calcium Chloride
2                                 15,000   GAL     DEL                          $0.00                          $0.00                         $0.00                         $0.00                       $0.00

    Hot Mix Asphalt, 3C Base
3                                  200     TON     PU                           $0.00                          $0.00       $74.50     $14,900.00         $78.50    $15,700.00                          $0.00

    Hot Mix Asphalt, 4C Top
4                                 1000     TON     PU                           $0.00                          $0.00       $74.50     $74,500.00         $78.50    $78,500.00                          $0.00

                                                   DEL       $112.80    $22,560.00                             $0.00                         $0.00                         $0.00                       $0.00
5 Sylvax Patching Materials        200     TON

                                                   PU         $92.00    $18,400.00                             $0.00      $115.00     $23,000.00                           $0.00                       $0.00

    AE90 Asphalt Emulsion
6                                 20,000   GAL     DEL                          $0.00        $2.92    $58,400.00                             $0.00                         $0.00                       $0.00

                                                   DEL                          $0.00                          $0.00                         $0.00                         $0.00      $0.5756    $28,780.00
7 Crack Sealant                   50,000   LBS

                                                   PU                           $0.00                          $0.00                         $0.00                         $0.00                       $0.00
                                                                            Concrete
                                                                        BID TABULATION
                                                                          March 8, 2022

  *Bid selection based on 7-sack mix which is the most commonly used product, inclusion of other charges for “multiple drop locations” and “small load charges”.
It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra
                                                                           unload time.


                                                                                    Contractor          Port City Redi Mix
                                                                                      Address           1780 Sheridan Rd
                                                                                       City/St            Muskegon, MI
                                                                                       Phone              888-424-9800

                         DESCRIPTION                                    UNIT                              UNIT PRICE                          UNIT PRICE

 1 5 Sack Mix                                                         CU.YD.                                              $116.00

 2 6 Sack Mix                                                         CU.YD.                                              $121.00

 3 7 Sack Mix*                                                        CU.YD.                                              $126.00

 4 9 Sack Mix                                                         CU.YD.                                              $136.00

 5 Minimum Load                                                       # CU YD                                                    2

                                                                      CU.YD.          4-5                                  $90.00

                                                                      CU.YD.          3-4                                  $90.00
 6 Small Load charge, add
                                                                      CU.YD.          2-3                                 $120.00

                                                                      CU.YD.          1-2

 7 Separate location drop charge                                     per drop                                              $50.00

 8 Extra Unloading Time                                              $ per min

    Winter Price from __________ to __________                           CY        Dec - Mar                                 $9.00

    Winter Price from __________ to __________                           CY        Apr & Nov                                 $5.00

    Chloride - 1%                                                     CU.YD.                                                 $3.00

    Chloride - 2%                                                     CU.YD.                                                 $6.00

    Other charges                                                    Per Load                            $15.00 Fuel Surcharge
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: 3-22-2022                     Title: Social District Permit recommendation

Submitted By: Dave Alexander                           Department: Economic Development

Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.

Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. You recommended the Mercy Health Arena on Jan. 26,
2021 on the arena’s old license. With the new DDA license, the city needs to make a new social
district permit application. City staff is seeking a Social District permit from the state and seeking
City Commission recommended approval. There are new licensed establishments within the
district that may file a Social District permit application in the future.

Amount Requested: None                                Amount Budgeted:

Fund(s) or Account(s):                                Fund(s) or Account(s):

Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permit in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
               THIS LICENSE SUPERSEDES ANY AND ALL OTHER LICENSES ISSUED PRIOR TO MARCH 4, 2022
BUSINESS ID: 0270140                                         FILE NUMBER:
CITY OF MUSKEGON
D/B/A

                                                MUSKEGON COUNTY
470 W WESTERN AVE,                              G-375
MUSKEGON, MI 49440                              MUSKEGON CITY

LICENSE #      LICENSE:                                                  ACT:
L-000436758    Class C                                                   MCL 436.1521A(1)B
                                                                         (NONTRANSFERABLE)
TOTAL BARS: 11              OUTDOOR SERVICE AREA:                      ROOMS:
DIRECT-CONNECTIONS: 1       PASSENGERS:

PERMIT
Entertainment, Participation(RAD DAD'S L.L.C.), Additional Bar(10), Direct Connection(1),
Sunday Sales (AM), Sunday Sales (PM):Class C- Spirits & Mixed Spirit Drink




                                                                                                  2021
    LICENSE EFFECTIVE MAY 1, 2021 - EXPIRES APRIL 30, 2022                                        2022
CITY OF MUSKEGON


470 W WESTERN AVE,
MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 1

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 10

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 2

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 3

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 4

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 5

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 6

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 7

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 8

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
BUSINESS ID: 0270140       PERMIT #:
CITY OF MUSKEGON           22-1041 - 9

                           LICENSE #:
                           Class C L-000436758
                           CITY OF MUSKEGON

470 W WESTERN AVE,
MUSKEGON, MI 49440
10




                       2021 2022
CITY OF MUSKEGON

470 W WESTERN AVE

MUSKEGON, MI 49440-1011
      RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT

                               PERMIT APPLICATON APPROVAL

                                        City of Muskegon

                                 County of Muskegon, Michigan



       Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
on the 22nd day of March, 2022 at 5:30 p.m., prevailing Eastern Time.

PRESENT:

ABSENT:

       The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.

       WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
       WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and

       WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and

       WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and

       WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and

       WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
       WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and

       WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and

       WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,

       NOW, THEREFORE, BE IT RESOLVED THAT:

       1. The Social District Permit Applications from the following licensees are
           recommended by the City Commission to consideration and approval by the
           Michigan Liquor Control Commission:
           a. City of Muskegon, Mercy Health Arena, 470 W. Western, Muskegon, MI 49440
           b.

       2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.



       AYES:



       NAYS:



       RESOLUTION DECLARED APPROVED.



                                                          Ken Johnson, Mayor




                                                          Ann Marie Meisch, City Clerk
       I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on March 22, 2022 and that said meeting was conducted and public notice
of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976 and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.




                                                          Ann Marie Meisch, City Clerk
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: March 22, 2022               Title: Recommendation for Annual Renewal
                                                      of Liquor Licenses

Submitted By: Ann Meisch                              Department: City Clerk

Brief Summary: To adopt a resolution recommending the State withhold renewal of those liquor
license establishments who are in violation of Section 50-146 and 50-147 of the Code of
Ordinances for the City of Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor licenses should not be
recommended by the City Commission. If any of these establishments come into compliance by
March 22, 2022, they will be removed from this resolution.

Detailed Summary:

Amount Requested: none                               Amount Budgeted: none

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To adopt 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 RECOMMENDING STATE WITHHOLD
       RENEWAL OF LIQUOR LICENSES FOR CODE
                   VIOLATIONS

THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the
attached business establishments in the City of Muskegon have liquor licenses and are found to be
in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of
Muskegon.

AND WHEREAS, a hearing was held on March 22, 2022, before the City Commission to allow
such licensees an opportunity to refute the determination of the City Commission that such
establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission; and

WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-Compliance to
City Standards to the licensees has been filed;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon
hereby recommends that these liquor licenses not be approved for renewal, and a copy of this
Resolution be sent to the State Liquor Control Commission. If any of these establishments come
into compliance by March 22, 2022, they will be removed from this Resolution.

Approved and adopted this 22nd day of March, 2022.


AYES:


NAYS:




                                            By:_________________________________
                                                  Ann Marie Meisch, MMC
                                                  City Clerk
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: March 22nd, 2022              Title: MDNR Grant Applications

Submitted By: Leo Evans                                Department: Public Works

Brief Summary:
Staff is seeking public/commission input and commission support for a formal resolution of support to
submit two (2) grant applications to the Michigan Department of Natural Resources for Park Capital
Projects by the April 1, 2022 deadline.

Detailed Summary:
Staff is proposing two projects for application in MDNR programs at the April 1, 2022 application
deadline, as a requirement of the grant application we are soliciting feedback on the conceptual
designs and commission support for the grant applications.

Michigan Natural Resources Trust Fund
Under the NRTF Program staff is proposing to apply for construction of a second restroom /
concession facility at Pere Marquette Park. The facility would be located in the same location as the
existing kite shack building. The conceptual layout would call for four (4) unisex family style restrooms,
a concession area and a storage area. The conceptual site plan also identifies potential future
additions of a pavilion, though that is not included in the grant request. The maximum grant amount is
$300,000 and requires a minimum 50/50 match. The project estimate is $667,500.00 of which we are
requesting the maximum grant amount with a $367,500 local match.

Land and Water Conservation Fund
Under the LWCF Program staff is proposing to apply for multiple improvements to the Grand Trunk
Launch Ramp facility. The improvements would include paved parking, additional launch space and
dockage, storm water improvements, accessible kayak launch, and trailhead improvements. The
conceptual plan also includes construction of a restroom / fish cleaning station at the site at a future
date, those features are not included in this grant proposal. The maximum grant amount through
LWCF is $500,000 and requires a minimum 50/50 match. The project estimate is $1,000,000 of which
we are requesting the maximum grant amount with a $500,000 local match.

If the projects are selected for grant award construction could begin as early as 2024.


Amount Requested: $0                                  Amount Budgeted: $0

Fund(s) or Account(s): N/A                            Fund(s) or Account(s): N/A

Recommended Motion:
To accept public comment and approve the resolution of support for the Natural Resources Trust Fund
application and the resolution of support for the Land and Water Conservation Fund application and authorize
the Mayor and Clerk 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:
                                 City of Muskegon
                               RESOLUTION OF SUPPORT

            MICHIGAN NATURAL RESOURCES TRUST FUND APPLICATION

      FOR PERE MARQUETTE PARK RESTROOM AND CONCESSION BUILDING


WHEREAS, Muskegon City Commissioner supports the submission of an application titled, “Pere
Marquette Park Restroom and Concession Building” to the Michigan Natural Resources Trust
Fund for development of a new restroom and concession facility; and,

WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks
and Recreation Plan; and,

WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the
amount of $400,000 matching funds in cash and/or force account; and

NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
submission of a Michigan Natural Resources Trust Fund Application for $300,000, and further
resolves to make available its financial obligation amount of $367,500 of a total $667,500
project cost during a future fiscal year should the grant be awarded.

Ayes:
Nayes:
Absent:

Motion Approved.

Dated this ______ of _______ 20__.


                                                  ________________________________
                                                            Ken Johnson
                                                              Mayor



                                                  _________________________________
                                                        Ann Marie Meisch
                                                            City Clerk
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                                   16’ WIDE MULTI USER TRAIL                                                                                                                                                             E




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                                   (To Be installed in Fall of 2022)




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                                                                                                                                  IMPROVED
                                                                                                                                  UNIVERSALLY
                                                                                                                                  ACCESSIBLE
                                                                                                                                  PARKING
                                                                                                                                  (6 Spaces)
                                                         BIKE RACKS
                                                         LITTER AND RECYCLING                                                     SITE LIGHT
                                                         CONTAINER                                                                (LED Light)
       LAKE MICHIGAN
                                                         RESTROOM BUILDING
                                                                                                                                  UNLOADING ZONE
                                                         (Approximately 633 S.F.
                                                         Includes 4 Universally
                                                         Accessible Family Rooms)
                                                                 CONCRETE PLAZA
                                                                 (With Sheet Pile
                                                                 Edge Protection)
                                                                 BENCHES
                                                                 PICNIC TABLES
                                                                 (With 1 Accessible Table)
                                                                          EXISTING BUILDING




                                                                                                                                                     T
                                                                                                                                                 REE
                                                                          (Renovate Existing Kite
                                                                          Shop, approx. 760 S.F.)




                                                                                                                                                    T
                                                                                                                                               CH S
                                                                                                                                            BEA
                                                                                                                                                                                                                                NOTE: GRANT ITEMS AREA BOXED



PERE MARQUETTE BEACH RESTROOM SITE PLAN
GRANT IMPROVEMENT PLAN                                                                                                                                               0’    30’   60’         120’                    DATE
                                                                                                                                                                                                                   02.28.2022
                                                                                                                                                                                                                  PROJECT NO.


MUSKEGON, MICHIGAN
                                                                                                                                                                                                                      2146

                                                                                                                                                     NORTH           SCALE IN FEET: 1’=30’
                                                                                 DOUBLE PITCHED ROOF
                                                                                 Similar To Historic Beach
                                                                                 Concessions Building



                                                                                 FROSTED WINDOWS
                                                                                 Or Similar Architecture
                                                                                 Detail To Compliment
                                                                                 Historic Beach
                                                                                 Concessions Building
                                                                                 FACE BRICK
                                                                                 To Match Or Compliment
                                                                                 Existing Buildings
                                                                                 STEEL GATE

                                          FRONT / BACK ELEVATION




                                                                                 DOUBLE PITCHED ROOF
                                                                                 Similar To Historic Beach
                                                                                 Concessions Building



                                                                                 FROSTED WINDOWS
                                                                                 Or Similar Architecture
                                                                                 Detail To Compliment
                                                                                 Historic Beach
                                                                                 Concessions Building

                                                                                 FACE BRICK
                                                                                 To Match Or Compliment
                                                                                 Existing Buildings



     PLAN                                 SIDE ELEVATION




PERE MARQUETTE BEACH RESTROOM SITE PLAN
GRANT IMPROVEMENT PLAN                                                DATE
                                                                    02.28.2022
                                                                   PROJECT NO.


MUSKEGON, MICHIGAN
                                                                       2146
                     COVERED
                     ENTRANCE




                                                FRONT ELEVATION



                         CONCESSION/
                        VENDOR SPACE




            FAMILY                     FAMILY


                     STORAGE



            FAMILY                     FAMILY




     PLAN                                       SIDE ELEVATION




PERE MARQUETTE BEACH RESTROOM SITE PLAN
GRANT IMPROVEMENT PLAN                                               DATE
                                                                   02.28.2022
                                                                  PROJECT NO.
                                                                      2146

MUSKEGON, MICHIGAN
                                 City of Muskegon
                               RESOLUTION OF SUPPORT

                MICHIGAN LAND AND WATER CONSERVATION FUND

                FOR GRAND TRUNK LAUNCH RAMP IMPROVEMENTS


WHEREAS, Muskegon City Commissioner supports the submission of an application titled,
“Grand Trunk Launch Ramp Improvements” to the Michigan Land and Water Conservation Fund
for construction of an expanded launch ramp facility, paved parking, storm water
improvements, accessible kayak launch, and trailhead improvements; and,

WHEREAS, the proposed application is supported by the Community’s 5-year Approved Parks
and Recreation Plan; and,

WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the
amount of $500,000 matching funds in cash and/or force account; and

NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
submission of a Michigan Land and Water Conservation Fund Application for $500,000, and
further resolves to make available its financial obligation amount of $500,000 of a total
$1,000,000 project cost during a future fiscal year should the grant be awarded.

Ayes:
Nayes:
Absent:

Motion Approved.

Dated this ______ of _______ 20__.


                                                 ________________________________
                                                           Ken Johnson
                                                             Mayor


                                                 _________________________________
                                                       Ann Marie Meisch
                                                           City Clerk
                                                             AGGREGATE TRAILS             AGGREGATE TRAILS
                                                                                            AGGREGATE TRAILS
                                                           AGGREGATE TRAILS

                                                             CONCRETE                     CONCRETE
                                                                                            CONCRETE
                                                           CONCRETE




                                        AGGREGATE TRAILS



                                        CONCRETE                                AGGREGATE TRAILS

                                                                                                                 AGGREGATE TRAILS

                                                                                CONCRETE
                                                                                   AGGREGATE TRAILS
                                                                                                                 CONCRETE

                                                                                   CONCRETE




                                                                                                   NOTE: GRANT SCOPE
                                                                                                   ITEMS ARE BOXED




GRAND TRUNK BOAT LAUNCH
GRANT IMPROVEMENT PLAN
MUSKEGON, MICHIGAN
                                                                                                      DATE
                                                                                                    03.01.2022
                          NORTH   NOT TO SCALE                                                     PROJECT NO.
                                                                                                       2145
                        NOTICE OF PUBLIC INPUT MEETING
                              CITY OF MUSKEGON

                            Pere Marquette Park – MNRTF
                          Grand Trunk Launch Ramp - LWCF

The City Commission of the City of Muskegon will hold a Public Input Meeting as part of
its regularly scheduled meeting on Tuesday, March 2 2 , 2022 at 5:30 pm. in the City
Commission Chambers, 933 Terrace Street, Muskegon, MI. The purpose of this meeting
will be to authorize the submission of a Michigan Natural Resources Trust Fund (MNRTF)
Grant Application and a Land and Water Conservation Fund (LWCF) Grant Application to
the Michigan Department of Natural Resources.

   •   The City of Muskegon seeks to develop a new restroom / concession building at
       Pere Marquette Park located near the intersection of Beach Street and
       Lakeshore Drive and intends to pursue a MNRTF grant for the project.

   •   The City of Muskegon seeks to provide paved parking, expanded launch
       facilities, kayak launching, storm water management, and trailhead amenities at
       Grand Trunk Launch Ramp and intends to pursue a LWCF grant for the project.

Members of the public may provide oral comments during the meeting, or if unable to
attend can provide written comments to the City Clerk via email
([email protected]) prior to the meeting and the written comments will be
read aloud.

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audiotapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting, upon twenty-four (24) hours notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or calling the following: City Clerk, Ann Marie Meisch, 933 Terrace Street,
Muskegon, MI 49440 – 231-724-6705
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: March 22, 2022                    Title: Commercial Rehabilitation District –
                                                           2725 Olthoff Dr – Northern Biomedical
                                                           Research

Submitted By: Mike Franzak                                 Department: Planning

Brief Summary: Pursuant to Public Act 210 of 2005, as amended, staff has requested the establishment of a
Commercial Rehabilitation District. The creation of the district will allow the future property owner to apply for
a Commercial Rehabilitation Certificate, which will freeze the taxable value of the building and exempt the
new real property investment from local taxes. The school operating tax and the State Education Tax
(SET) are still levied on the new investment. Land and personal property cannot be abated under this
act.



Detailed Summary: Northern Biomedical Research will be applying for a Commercial Rehabilitation
Certificate after the district is passed. Another 10 acres will remain for development within this
commercial rehabilitation district.



Amount Requested:                                         Amount Budgeted:

Fund(s) or Account(s):                                    Fund(s) or Account(s):

Recommended Motion: To close the public hearing and approve the request to establish a
Commercial Rehabilitation District at 2725 Olthoff Dr.

Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
2725 Olthoff Rd
                                        Resolution No. _______

                                   MUSKEGON CITY COMMISSION

    RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REHABILITATION DISTRICT
                                 2725 Olthoff Rd


WHEREAS, pursuant to PA 210 of 2005, the City of Muskegon has the authority to establish
“Commercial Rehabilitation Districts” within the City of Muskegon at request of itself or a commercial
business enterprise; and
WHEREAS, The City of Muskegon has requested the establishment of the Commercial Rehabilitation
District for an area in the vicinity of 2725 Olthoff Rd located in the City of Muskegon hereinafter
described; and
WHEREAS, the City Commission of the City of Muskegon determined that the district meets the
requirements set forth in sections 2(b) and 3 of PA 210 of 2005; and
WHEREAS, written notice has been given by certified mail to the county and all owners of real property
located within the proposed district as required by section 3(3) of PA 210 of 2005; and
WHEREAS, on March 22, 2022 a public hearing was held and all residents and taxpayers of the City of
Muskegon were afforded an opportunity to be heard thereon; and
WHEREAS, the City Commission deems it to be in the public interest of the City of Muskegon to
establish the Commercial Rehabilitation District as proposed;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the
following described parcel of land situated in the City of Muskegon, Muskegon County, and State of
Michigan, to wit:


          CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER #6 LOTS 67 THRU 69


Adopted this 22nd Day of March 2022.


Ayes:

Nays:

Absent:



                                             BY: __________________________________
                                                    Ken Johnson
                                                    Mayor

                                        ATTEST: __________________________________
                                                 Ann Meisch
                                                 Clerk
                                            CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on March 22, 2022.


                                                    ______________________________
                                                    Ann Meisch
                                                    Clerk
                           Agenda Item Review Form
                           Muskegon City Commission
Commission Meeting Date: March 22, 2022                    Title: Summer Concert Series, Social Sandbox

Submitted By: Jake Eckholm                                 Department: Economic Development

Brief Summary: Mr. Terry Puffer, through his non-profit organization Lakeshore Legacy Project, is
proposing a recurring concert series to take place downtown at the Downtown Muskegon
Development Corporation owned lot known as the Social Sandbox. The organization is requesting
the City agree to match their fundraising efforts to put on the concerts.

Detailed Summary: Mr. Puffer is proposing a concert series that is detailed in the attached letter. He cites
the city’s Downtown Development Authority in the document but is asking for any eligible city funds to
assist as match dollars. Staff is proposing that the commission determine willingness and limitation, if any,
to assisting with this event. Mr. Puffer will be present to present on the program and answer any questions.

Amount Requested: To be determined                       Amount Budgeted: $0

Fund(s) or Account(s): Community Promotions              Fund(s) or Account(s): N/A

Recommended Motion: Motion to partner with the Lakeshore Legacy Project by matching fundraising for a
summer concert series at the Social Sandbox, not to exceed ________.

Check if the following Departments need to approve the item first:
Police Dept.        Fire Dept.       IT Dept.


For City Clerk Use Only:
Commission Action:






                                                                                February 1, 2022


Robert Lopez

Exec. Dir. Lakeshore Legacy Project

3597 Henry St.

Norton Shores, MI 49441


Muskegon DDA

933 Terrace St. 

Muskegon, MI 49440


Re: Proposal for Concerts in the Park Presented by Lakeshore Legacy Project.



To the Commission,


Lakeshore Legacy Project, a newly established, Muskegon based, 501c3 fighting income
inequality, is proposing a partnership between the City of Muskegon and Lakeshore Legacy
Project to launch a new music initiative and aid in the redevelopment of the downtown corridor.
We are working to add opportunities for the city’s residents, and in particular our youth, to
engage and experience local culture and music stigma free. This free event will attract crowds
from the tri-cities region and boost business in the area. 


LLP is proposing a 9 week 10 concert series every Saturday in June and July featuring different
genres weekly at The Muskegon Social Sand Box. All concerts will be free to attend and
sponsored through a public/private partnership between the DDA and LLP. Performers will
include regional performers and local favorites.


We propose the Muskegon DDA match funds raised through the Lakeshore Legacy Project
dollar for dollar and partner with LLP on promotional activities benefitting both entities. We
foresee a deep integration between Parties in the park, the We Discover Event, and Concerts in
the Park that benefit all three organizations. Our proposed schedule of events below blend with
and expand on the current roster of events scheduled for later this year.


Proposed concert dates in June are June 4th, June 11th, June 18th, and June 25th. Dates in
July are Friday July 1st and Saturday July 2nd, July 9th, July 16th, July 23rd, and July 30th.

Lakeshore Legacy Project will plan, organize, insure, staff, and otherwise manage all activities
related to this event. 


We look forward to presenting our proposal at your earliest convenience. 


Sincerely,


Robert Lopez

Exec. Dir Lakeshore Legacy Project

[email protected]

786-493-6652
                     Agenda Item Review Form
                      Muskegon City Commission

Commission Meeting Date: March 22, 2022               Title: Rezoning 653 Yuba St – 2nd Reading

Submitted By: Mike Franzak                            Department: Planning

Brief Summary: Staff initiated request to rezone a portion of the property at 653 Yuba St from R-1,
Low Density Single Family Residential to B-4, General Business.



Detailed Summary: The Planning Commission recommended approval of the rezoning by a 6-0
vote.



Amount Requested:                                    Amount Budgeted:

Fund(s) or Account(s):                               Fund(s) or Account(s):

Recommended Motion: To approve the request to rezone a portion of the property at 653 Yuba St
from R-1, Low Density Single Family Residential to B-4, General Business.



Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.


For City Clerk Use Only:
Commission Action:
                                     Planning Commission Excerpt


Hearing, Case 2022-05: Staff initiated request to rezone a portion of the property at 653 Yuba St from R-
1, Low Density Single Family Residential to B-4, General Business.

SUMMARY
   1. This property is owned by the city. A potential buyer is seeking to purchase it and develop mini-
      storage units as demand grows with the addition of new apartments downtown. The potential buyer
      also owns the building on the adjacent property at 665 Yuba St.
   2. Half of the property is zoned B-4, General Business and half is zoned R-1, Low Density Single
      Family Residential.
   3. The property is vacant and measures 23,100 sf and is heavily wooded.
   4. There is a steep slope on the property and the p
   5. ortion closest to the alley may be difficult to develop.
   6.    Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff
        had not received any comments from the public.



                                               653 Yuba St
Zoning Map




Aerial Map
                                            CITY OF MUSKEGON

                                          MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO.


   An ordinance to amend the zoning map of the City to provide for a zone change for 653 Yuba St from R-1 to B-4



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


The zoning map of the City of Muskegon is hereby amended to change the zoning for 653 Yuba St from R-1 to B-4.



CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 14-19 & THAT PART OF VAC ALLEY ADJ BLK 168 ALSO
VAC S 23 FT OF HALL AVE



This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:



                                                      CITY OF MUSKEGON

                                                            By: __________________________

                                                              Ann Meisch, MMC

                                                              City Clerk
                            CERTIFICATE (Rezoning 653 Yuba St from R-1 to B-4)

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby
certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 22nd day of March 2022, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.



DATED: ___________________, 2022       ________________________________

Ann Meisch, MMC

Clerk, City of Muskegon




Publish        Notice of Adoption to be published once within ten (10) days of final adoption.
                                                                  CITY OF MUSKEGON

                                                                 NOTICE OF ADOPTION



Please take notice that on March 22, 2022, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 653 Yuba St from R-1 to B-4:

          CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 14-19 & THAT PART OF VAC ALLEY ADJ BLK 168
          ALSO VAC S 23 FT OF HALL AVE

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall,
933 Terrace Street, Muskegon, Michigan, during regular business hours.



This ordinance amendment is effective ten days from the date of this publication.



Published ____________________, 2022                                      CITY OF MUSKEGON



By ___________________________

Ann Meisch, MMC

City Clerk



---------------------------------------------------------------------------------------------------------------------



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                         Agenda Item Review Form
                          Muskegon City Commission

Commission Meeting Date: March 22, 2022               Title: Amendment to the Marihuana Facilities
                                                      Overlay District – Temporary Marihuana
                                                      Events – 2nd Reading

Submitted By: Mike Franzak                            Department: Planning


Brief Summary: Staff initiated request to amend Section 2331 of the zoning ordinance to allow temporary
marihuana events at 1800 Peck St.

Detailed Summary: The Planning Commission made two separate motions on the case. The first
was to make a recommendation to the City Commission to approve the request at 470 W Western
Ave, which passed by a 6-1 vote. The second was to make a recommendation to the City
Commission to approve the request at 1800 Peck St, which passed by a 4-3 vote.

Amount Requested:                                   Amount Budgeted:

Fund(s) or Account(s):                              Fund(s) or Account(s):

Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
allow temporary marihuana events at 1800 Peck St.
                                      Planning Commission Excerpt

Hearing, Case 2022-06: Staff initiated request to amend Section 2331 of the zoning ordinance to allow
temporary marihuana events at 470 W Western Ave and 1800 Peck St.

SUMMARY
   1. Temporary marihuana events are currently only allowed in the original marihuana facilities overlay
      district and at 420 S Harvey St, 863 E Apple Ave, 885 E Apple Ave, 795 E Apple Ave, 925 S Getty St
      and 920 Washington Ave. See map below.
   2. Staff has received may requests to hold temporary events in other areas of the city. In order to
      accommodate a reasonable number of events, staff is proposing to allow them at the arena and Marsh
      Field.
   3. City policy would dictate where on-site people could consume and by which method (i.e. smoking,
      edibles).
   4. To hold a temporary marihuana event, a registered temporary marihuana event coordinator must apply
      for a license with the State of Michigan.
   5. At the arena, the area would include the entire arena parcel, which also includes the outside area that
      extends to the western portion of the shared entrance with the convention center.
   6. Please see the marijuana facilities overlay district ordinance excerpt (enclosed).
   7. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff had
      not received any comments from the public.


                                  Marihuana Facilities Overlay District
Zoning Maps


1800 Peck St




Aerial Maps
1800 Peck St
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                        ORDINANCE NO._____


An ordinance to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800
Peck St.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

1800 Peck St will be added to the Marihuana Facilities Overlay District as locations allowed for temporary
marihuana events.

CITY OF MUSKEGON PLAT A MUSKEGON HTS ENTIRE BLKS 5 & 6

This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: _________________________________
                                                         Ann Meisch, MMC, City Clerk
                                         CERTIFICATE

       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 22nd day of March 2022, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.


DATED: ___________________, 2022.            __________________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on March 22, 2022, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800
Peck St.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2022.                          CITY OF MUSKEGON


                                                               By _________________________________
                                                                        Ann Meisch, MMC
                                                                        City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 3/22/22                         Title: Adelaide Pointe Development
                                                         Agreement Restated

Submitted By: Jake Eckholm                               Department: Development Services

Brief Summary: The interest in Adelaide Pointe has caused the developer to request a faster
timeline on the installation of public infrastructure. In order to coordinate this accelerated timeline
with the sites private and public engineering, environmental permitting, and construction phases,
we have amended the agreement to place responsibility for the installation of the public
infrastructure on the developer with city oversight.

Detailed Summary: The structure of this development agreement is quite different than other
recent projects due to the large amount of new public infrastructure that is required to build out the
project. We would essentially be funding the roads, water, sewer and other public amenities for a
whole new district of the Nims neighborhood and an extension/connection of downtown to the
lakefront. Due to increased interest in the development by possible owners/investors, we have
reframed the timing of installations of various project phases, and placed responsibility for the
construction of our roads, water, and sewer on the developer. The city will still bond the same
amount to finance these, and retain a third party engineering firm to sign off on all scopes and
have onsite construction inspections to insure the assets are built to public standards. The other
financial structures, parks improvements, and special assessments remain the same, we are
strictly moving the buildout responsibility to the developer to increase efficiency, as the commercial
building and marina are progressing ahead of schedule.

Amount Requested: $0                                    Amount Budgeted: N/A

Fund(s) or Account(s): N/A                              Fund(s) or Account(s): N/A

Recommended Motion: To approve the amended and restated Adelaide Pointe Development
Agreement as presented, and authorize the Mayor to sign.



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