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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 12, 2016
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Muskegon Catholic Central – 2015 Division 8 State Football Champions
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Approval of A Neighborhood Enterprise Zone Certificate Planning
and Economic Development
C. Sale of a Portion of the Property at 1690 Creston Street Planning and
Economic Development
D. Operations Management Contract for Kitchen 242 – Pioneer Resources
& City of Muskegon Planning & Economic Development
E. Lease Agreement Between Envirologic and City of Muskegon Planning
and Economic Development
F. MDOT - City Amending the Agreement for Muskegon and Webster
Engineering
G. Approval of 285 West Western Preliminary Expenses City Manager
H. Approval of Trades-Services Procurement 2016 Proposals for CNS
Community and Neighborhood Services
I. Assessing Agreement City Manager
J. Liquor License Request – Racquets, 446 Western Avenue Public Safety
K. LED Sign at the Farmer’s Market Engineering
□ PUBLIC HEARINGS:
A. BID Special Assessment – Resolution Confirming Special Assessment
Roll Planning and Economic Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: January 6, 2016
There are a number of important items on the agenda this week. Accordingly, I thought you
could use a little background as you prepare for our meeting.
1. Muskegon Catholic’s football team will be in to celebrate their 2015 State Football
Championship!
2. Under the consent agenda, we are asking the Commission to for approval of the following:
a. Last meeting’s minutes.
b. Approval of a Neighborhood Enterprise Zone Certificate for another home in the
Terrace Point development. The owner intends to invest approximately $400,000 in
the construction of the home. This is the fourth certificate requested for the
development.
c. Approval of the sale of a portion of the city-owned property at 1690 Creston to the
neighboring property owner. The property owner intends to expand his
manufacturing business onto this property. The purchaser originally agreed to
purchase the entire property, but the dispatch authority objected because of the
placement of their radio tower. Instead, we are now proposing to sell a portion of
the lot to the individual and they will approach the dispatch authority about
purchasing the remainder.
d. Approval of the operations agreement between Pioneer Resources and the City for
the management of Kitchen 242 at the Farmers Market.
e. Approval of a lease agreement with Envirologic for space in the current CNS
department. Envirologic is the city’s environmental contractor for the EPA grant we
received in 2015. Allowing them to utilize space in city hall will be beneficial to our
relationship.
f. Approval of an amendment to the Muskegon/Webster construction agreement with
MDOT that will allow us until spring to complete the last few tasks associated with
the project.
g. Approval of certain planning expenses related to the redevelopment of 285 West
Western. We are asking for up to $45,000 to secure the building and prepare an
MEDC incentive application to the Michigan Strategic Fund. Items that would need
to be updated/completed are architectural drawings and renderings, construction
costs, and operation proformas. These are necessary in determining the feasibility
of the project going forward.
h. Approval of the list of trade providers for CNS projects. This would include general
construction contractors, electricians, plumbers, etc.
i. Approval of the assessing agreement extension with Muskegon County. The previous
agreement was based on our SEV, which has benefited us greatly as our values have
dropped. Now that values have stabilized, we are asking for an agreement that
simply has a 2.5% inflation factor. The cost to contract assessing services from the
county is substantially less than what we would likely pay to operate our own
department.
j. Approval of a special event liquor license at 446 west Western Ave for the traditional
Winterfest event – which has now been renamed Rebel Road Winter Burnout.
k. Approval of an expenditure of $30,000 for the purchase of an LED changeable sign
for the farmer’s market. This purchase will help with marketing and will be in
addition to the $75,000 marketing grant we were awarded in 2015.
2. Public Hearings:
a. We are asking the commission to spread the BID assessment roll. The only change
from the previous meeting is the reduction in the assessment cap for Class B
properties. This cap was reduced from $3,000 to $750 after taking input from Class
B property owners. We are also asking the Commission to approve the attached
promissory note, which will provide the BID with $45,000 in seed monies from the
city to begin providing services immediately (i.e. snow removal from sidewalks).
3. New Business
NONE
If there are questions on any agenda items, please try to let staff know in advance, and we will
be sure to have the appropriate data/research available at the meeting.
Date: January 6, 2016
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the December 7, 2015
Worksession Meeting, the December 8, 2015 City Commission Meeting,
December 16, 2015 Special Commission Meeting, and the January 4, 2016
Organizational Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
December 7, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-93
Present: Commissioners German, Rinsema-Sybenga, Hood, Gawron, Johnson, Turnquist, and
Spataro.
Absent: None.
2nd Amendment to Agreement with Muskegon Lakefront, LLC.
Muskegon Lakefront LLC has asked for an extension to the agreement entered into on November
30, 2007. The purpose of the agreement is to provide time for the group to pay the 2013 and
2014 taxes, and to begin marketing the property for other lakefront uses. This amendment will
extend the terms of the original agreement to March 31, 2016. In exchange for the amendment,
the City will place its outstanding special assessment onto the tax roll immediately, while
Muskegon Lakefront LLC will immediately pay the outstanding 2013 property taxes and begin
making regular monthly payments on the 2014 property taxes. Muskegon Lakefront LLC will
also begin marketing the property for development independent from casino development.
Steve Warmington, representative of Muskegon Lakefront, LLC spoke to the Commission and
indicated they are waiting for a letter from the government recognizing them. They anticipate
receiving a letter by March 30, 2016.
Discussion ensued.
This item has been placed on the December 8, 2015 meeting for consideration by the
Commission.
Proposed Amendment to Purchasing Policy.
Our Purchasing Policy regarding public notices for bids has not been updated in many years.
Currently it requires a notice to be published a minimum of ten days prior to a bid opening. This
requirement doesn’t always allow staff to move in a timely matter.
The modified policy would require the City to place all bid notifications on the City’s website
and allow any company or individual to sign up to receive notification of new bids by registering
on our website. Staff will also be required to notify all bidders who have bid on a similar project
within the last two years.
This item has been placed on the December 8, 2015 meeting for consideration by the
Commission.
Discussion ensued.
2016 Salary Schedule and Fringe Benefits for Non-Represented Employees.
This is a request to approve and adopt the proposed salary ranges and salary schedules for the
non-represented administrative, technical, professional, and supervisory employees for 2016
($1,300 in increase per position), and to approve the following fringe benefit changes:
1. An increase in the Health Care Savings Program employer match from 2% of wages to
3% of wages.
2. Increase unused sick time cash payouts at the time of retirement from 50% to 75%.
3. Authorize the reimplementation of the city’s tuition reimbursement program at a rate of
$1,000 per year per eligible employee.
The changes will cost approximately $50,000, plus approximately $15,000 in added taxes and
fringe benefit costs.
This item has been placed on the December 8, 2015 meeting for consideration by the
Commission.
Discussion ensued.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Johnson to adjourn at 7:07
p.m.
MOTION PASSES
____________________________
Ann Marie Meisch, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 8, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, December 8, 2015.
Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro, Commissioners
Turnquist, Johnson, Hood, and Rinsema-Sybenga, City Manager Franklin
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner German
2015-89 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the Minutes of the November 24, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
B. Gaming License Request from the Muskegon Catholic Education
Foundation City Clerk
SUMMARY OF REQUEST: The Muskegon Catholic Education Foundation is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
C. Request to Deny & Accept Properties That Did Not Sell During the Tax
Sale for 2015 Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2015. There were one hundred and six (106) properties left after
the last auction. According to the State’s tax foreclosure laws, the City must
state that they are not interested in obtaining them, otherwise the City will
automatically receive ownership of the parcels. From the list that was provided,
Planning and Community and Neighborhood services have gone over the
parcels to determine which ones to accept.
FINANCIAL IMPACT: None
BUDGET ACTION REQURIED: None
STAFF RECOMMENDATION: To deny and accept certain parcels and authorize
the Mayor and the Clerk to sign the resolution.
D. 2016 User Fee Update Finance
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed include the following:
• Correction to two Cemetery’s grave fees that were actually updated in
2015;
• Reactivated the DPW “Replace Employee ID/Access Card” fee and at a
lower fee due to lower costs;
• Removed specific times and names of specific parks for Park Building
Usage/Rental so that it is applicable to all park buildings;
• Added a new channel picnic shelter rental rate for reservations between
April 15 and September 30;
• Numerous miscellaneous modifications to the Farmers Market fees
following the second season of operating at the new market location;
• Environmental Services added a new fee for building board-ups requiring
6 or more boards and increased administrative overhead on demolitions
from 10% to 15% of costs;
• Fees for rental of Farmers’ Market facilities have been added;
• Added new fees for use of Farmers Market Kitchen which opened in 2015;
• Changed the minimum amount charged for Obsolete Property Rehab
Filing, IFT Application, and Commercial Rehab Filing fees from $400 to
$500;
• Added new fee in Planning for IFT/CFT/OPRA/Commercial Rehab District
establishment if it is done at a separate meeting from the issuance of the
certificate;
• Police Department reduced several fees charged for special liquor
licenses and added new classifications to differentiate between special
licenses requested by outside city requestors versus in city requestors.
FINANCIAL IMPACT: Revenue generated for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval
E. Local Parking Ordinance Amendments Director of Public Safety
SUMMARY OF REQUEST: During the City’s last codification several sections of the
parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different
sections of the code. Some noted sections of the ordinance were inadvertently
removed during codification while rewriting the municipal code. Staff has
worked with the codifications personnel as well as our own City Attorney to draft
the needed changes.
As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon
ordinances have been rewritten to reflect the previously adopted ordinances
and updated modifications because of changes to the Uniform Traffic Code
and to include the fee schedule for parking, civil violations, boat launch permits,
and local parking restrictions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the ordinances and fee schedule as
presented.
F. 2016 Salary Schedule and Fringe Benefits for Non-Represented
Employees City Manager
SUMMARY OF REQUEST: To approve and adopt the proposed salary ranges and
salary schedules for the non-represented administrative, technical, professional,
and supervisory employees for 2016 ($1,300 increase per position), and to
approve the following fringe benefit changes:
1. An increase in the Health Care Savings Program employer match from 2%
of wages to 3% of wages.
2. Increase unused sick time cash payouts at the time of retirement from 50%
to 75%.
3. Authorize the reimplementation of the city’s tuition reimbursement
program at a rate of $1,000 per year per eligible employee.
FINANCIAL IMPACT: The changes will cost approximately $50,000, plus
approximately $15,000 in added taxes and fringe benefit costs.
BUDGET ACTION REQUIRED: To authorize the necessary 2016 budgetary
amendments and transfer of money from the affected City funds (Contingency
Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION: To approve and adopt the proposed salary ranges,
salary schedules, and fringe benefit changes for non-represented employees for
2016.
G. SEIU Unit 2 – DPW Contract City Manager
SUMMARY OF REQUEST: SEIU DPW Unit has a wage opener for the 2016
calendar year. In addition to the need to establish wage rates for 2016, both the
Union and the City agreed that there was an additional need to reclassify a
number of positions to assist with recruitment and retention. The following terms
were tentatively agreed to by both parties:
1. 2.5% wage increase effective January 1, 2016
2. A one-time 1% lump sum deposit into the employee Health Care Savings
Program
3. Relocation of the Filtration Plant Operator and Civil Engineers to Pay
Range 1
4. Relocation of the Water Filtration Maintenance Operator to Pay Range 3
5. Relocation of the Chief Operator to a new Pay Range with a top pay of
$64,000.
FINANCIAL IMPACT: As indicated above.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To thank the members of the SEIU DPW Unit for their
hard work and dedication to the citizens of Muskegon, and approve the
tentative agreement, and to authorize the Mayor and Clerk to sign the contract.
H. Proposed Amendment to the Purchasing Policy City Clerk
SUMMARY OF REQUEST: Our Purchasing Policy regarding public notices for bids
has not been updated in many years. Currently it requires a notice to be
published a minimum of ten days prior to a bid opening. This requirement
doesn’t always allow staff to move in a timely matter.
The modified policy would require the City to place all bid notifications on the
City’s website and social media and allow any company or individual to sign up
to receive notification of new bids by registering on our website. Staff will also be
required to notify all bidders who have bid on a similar project within the last two
years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment to the Purchasing
Policy.
I. Permanent Traffic Control Order – Install Permanent “Stop” Signs at 5th
and 7th Streets as They Intersect Muskegon and Webster Avenues per
Traffic Control Order #21-(2015) Department of Public Works
SUMMARY OF REQUEST: Authorize staff to install permanent “Stop” signs at 5th
and 7th Streets as they intersect Muskegon and Webster Avenues per Traffic
Control Order #21-(2015).
FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDNATION: Authorize DPW staff to install “Stop” Signs at 5th
and 7th Streets @ Muskegon Avenue and 5th and 7th Streets @ Webster Avenue
per Traffic Control Order #21-(2015).
J. 2nd Amendment to Agreement with Muskegon Lakefront, LLC
City Manager
SUMMARY OF REQUEST: Muskegon Lakefront LLC has asked for an extension to
the agreement entered into on November 30, 2007. The purpose of the
agreement is to provide time for the group to pay the 2013 and 2014 taxes, and
to begin marketing the property for other lakefront uses. This amendment will
extend the terms of the original agreement to March 31, 2016. In exchange for
the amendment, the City will place its outstanding special assessment onto the
tax roll immediately, while Muskegon Lakefront LLC will immediately pay the
outstanding 2013 property taxes and begin making regular monthly payments
on the 2014 property taxes. Muskegon Lakefront LLC will also begin marketing
the property for development independent from casino development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approving the 2nd Amendment to
the Agreement with Muskegon Lakefront, LLC.
Motion by Vice Mayor Spataro, second by Commissioner Hood, to approve the
consent agenda as read.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2015-95 PUBLIC HEARINGS:
A. Public Hearing – Request for an Industrial Facilities Exemption
Certificate – ExCell Machine & Tool Co., LLC Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ExCell
Machine and Tool, 1084 E Hackley Avenue, has requested the issuance of an
Industrial Facilities Tax Exemption (IFT) Certificate. The company recently
completed a $91,000 investment in a building addition that will create two new
jobs. This qualifies them for an abatement of 12 years on real property. The State
Tax Commission allows companies to apply for an IFT within six months of project
commencement. This project started on July 16, 2015.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
PUBLIC HEARING COMMENCED:
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the public hearing and approve the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2015-96 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: Public Safety
900 W GRAND
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 900 W.
Grand is unsafe, substandard, a public nuisance, and that it be demolished
within thirty (30) days or infraction tickets may be issued. It is further requested
that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent, or responsible party if they do not
demolish the structure.
FINANCIAL IMPACT: MSHDA Land Bank Grant
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
concur with the Housing Board of Appeals decision to demolish 900 West Grand.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
B. Small Wine Maker & Small Distiller – 18th Amendment LLC City Clerk
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from 18th Amendment, LLC, for a Small Wine
Maker and Small Distiller License to be located at 350 W. Western Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Johnson, second by Vice Mayor Spataro, to approve
the request for a Small Wine Maker and Small Distiller License to be located at
350 W. Western.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:10 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
CITY OF MUSKEGON
SPECIAL COMMISSION
MEETING
DECEMBER 16, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The City of Muskegon Special Commission Meeting was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Wednesday, December 16,
2015.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Gawron, Vice Mayor Spataro, Commissioners German, Rinsema-
Sybenga, Turnquist, Johnson, and Hood, City Manager Franklin Peterson, City
Attorney John Schrier, and City Clerk Ann Marie Meisch.
2015-97
A. Property Acquisition – City Manager
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to
go into closed session to discuss property acquisition.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood.
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to come out
of closed session.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German.
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the recommendation and authorize the city attorney and city manager
to negotiate the final terms of the purchase agreement and complete the sale
for 285 West Western Avenue, 255 West Western Avenue, 241 West Western
Avenue, 880 1st Street, 216 West Clay Avenue, and 208 West Clay Avenue for the
cost of approximately $400,000 with approximately $5,000 – $7,000 in closing
costs.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
1
MOTION PASSES
Meeting Adjourned at 7:00 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
2
CITY OF MUSKEGON
ORGANIZATIONAL MEETING
JANUARY 4, 2016
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The City of Muskegon Organizational Meeting was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m., Monday, January 4, 2016.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Commissioners Eric Hood, Willie German, Jr.,
Dan Rinsema-Sybenga, Byron Turnquist, Ken Johnson, and Debra Warren, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Meisch.
2016-01
A. Oath of Office Ceremony Muskegon County Board of Commissioners
Chairman, Terry Sabo, issued the oath of office to Commissioner Eric
Hood, Commissioner Willie German, Jr., Commissioner Debra Warren, and
Commissioner Byron Turnquist.
B. Election of Vice-Mayor
Motion by Commissioner Rinsema-Sybenga, second by Commissioner
Johnson to appoint Eric Hood as Vice Mayor.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German,
and Rinsema-Sybenga
MOTION PASSES
C. Setting Commission Meetings: 5:30 p.m. – 2nd and 4th Tuesdays each
month.
Motion by Commissioner Johnson, second by Vice Mayor Hood to set the
City Commission Meetings for 5:30 p.m. the 2nd and 4th Tuesdays of each
month.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-
Sybenga, and Turnquist
MOTION PASSES
D. Setting Worksession Meetings: 5:30 p.m. – Mondays preceding the 2nd
Tuesday each month.
1
Motion by Commissioner Rinsema-Sybenga, second by Commissioner
German to set the Worksession Meetings for 5:30 p.m. the Mondays
preceding the 2nd Tuesday of each month.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
MOTION PASSES
E. Appointment of City Manager: Franklin J. Peterson.
Motion by Commissioner German, second by Commissioner Rinsema-
Sybenga to appoint Franklin J. Peterson as City Manager.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, Gawron, and Hood
MOTION PASSES
F. Appointment of City Clerk: Ann Marie Meisch.
Motion by Commissioner Johnson, second by Commissioner German to
appoint Ann Marie Meisch as City Clerk.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, Hood, and Warren
MOTION PASSES
G. Appointment of City Treasurer: Kenneth Grant.
Motion by Vice Mayor Hood, second by Commissioner Johnson to appoint
Kenneth Grant as City Treasurer.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German
MOTION PASSES
H. Appointment of City Auditor: Derrick Smith.
Motion by Commissioner Johnson, second by Commissioner German to
appoint Derrick Smith as City Auditor.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German,
and Rinsema-Sybenga
MOTION PASSES
I. Appointment of City Assessor and Deputy Assessor:
County Equalization Director Donna VanderVries
Deputy Director Dan VanderKooi
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood
to appoint Donna VanderVries and Dan VanderKooi as City Assessor and
Deputy Assessor.
2
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-
Sybenga, and Turnquist
MOTION PASSES
J. Designation of City Fund Depositories:
Fifth Third Bank (Main Depository)
Huntington Bank
Comerica Bank
PNC Bank
Motion by Commissioner Johnson, second by Commissioner Rinsema-
Sybenga to designate the City Fund Depositories: Fifth Third Bank (Main
Depository), Huntington Bank, Comerica Bank, and PNC Bank.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
MOTION PASSES
K. Designation of Firm to Act as Legal Counsel: Parmenter-O’Toole.
Motion by Commissioner Turnquist, second by Commissioner German to
designate Parmenter-O’Toole to act as legal counsel.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
MOTION PASSES
2016-02 NEW BUSINESS
A. NEW BUSINESS
Introduction of Dave Alexander, recently named as Downtown Muskegon
Now’s new Executive Director.
Meeting Adjourned at 5:48 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
3
Commission Meeting Date: January 12, 2015
Date: January 6, 2016
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from John and Jeanine Platt for the new construction of a home at 333 Terrace Point
Circle. The property is located in a Neighborhood Enterprise Zone for new construction.
The application states that the estimated cost for construction will be $395,323. The
applicant has met local and state requirements for the issuance of the NEZ certificate.
Approval or denial by the City Commission is required within 60 days of the application
date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT:
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
1/6/2016
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by John and Jeanine Platt to construct a home at 333 Terrace Point Circle in the
Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by John and Jeanine Platt be approved.
Adopted this 12th day of January, 2016.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
1/6/16
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on January 12, 2015.
By: ________________________
Ann Meisch
City Clerk
1/6/16
Commission Meeting Date: January 12, 2016
Date: January 6, 2016
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of a Portion of the Property at 1690 Creston St
SUMMARY OF REQUEST:
Staff is seeking approval to sell a portion of the buildable, industrial zoned lot at 1690
Creston St to the adjacent business, Production Fabricators, Inc. at 1608 Creston St, which
is located in Muskegon Township. They are seeking to expand their business onto this lot
with a building addition. They are requesting to purchase about 40% of the 2.45 acre lot and
to also retain a 60’ x 180’ access easement on the remaining parcel for truck access. By
creating the easement on the lot, instead of selling this portion of the land, it will allow the
remaining lot to meet the minimum lot standards for a buildable lot. They City leases space
to Muskegon Central Dispatch on the current lot for the communications tower located on
site. The portion of the land to be sold will not interfere with the portion leased by Muskegon
Central Dispatch. Production Fabricators has offered $15,000 for the portion of the lot.
Planning Commission approved the site plan for the building addition, contingent upon the
sale of the lot, at their December 2015 meeting.
FINANCIAL IMPACT:
Staff recommends a sale price of $15,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval and signature of the attached purchase agreement, easement agreement, and
resolution.
COMMITTEE RECOMMENDATION:
None
1/6/2016
1690 Creston St (Red) (Located in City of Muskegon)
1608 Creston St (Blue) (Located in Muskegon Township)
1/6/16
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A PORTION OF THE BUILDABLE LOT AT 1690 CRESTON ST
FOR $15,000.
WHEREAS, Production Fabricators, Inc will be allowed to purchase a portion of the parcel designated as
number 24-128-400-0019-00, located at 1690 Creston St for $15,000; and
WHEREAS, Production Fabricators will construct a building addition on the property within 24 months of
closing; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
NOW THEREFORE BE IT RESOLVED, that a portion of parcel number 24-128-400-0019-00, located at 1690
Creston St be sold to Production Fabricators, Inc for $15,000.
Adopted this 12th day of January, 2016
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Meisch, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on January 12,
2016.
By: ________________________
Ann Meisch, MMC
City Clerk
1/6/16
Commission Meeting Date: January 12, 2015
Date: December 16, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Operations Management Contract for Kitchen
242- Pioneer Resources & City of Muskegon
SUMMARY OF REQUEST: The City contracted with Pioneer Resources
to provide operations management of the Farmers’ Market commercial
kitchen (Kitchen 242) in May 2014. The Contract technically expired
several months, ago, although Pioneer Resources continues to provide
operations management. The new one year contract will start January
15, 2016.
FINANCIAL IMPACT: Per the terms of the Contract, the Manager shall
provide the staffing, management and operations of the facility. The City
shall pay for the utility costs. The Manager shall track revenue and
expenses and turn over any net proceeds to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Contract and
authorize the Mayor and Clerk’s signatures.
CITY OF MUSKEGON
OPERATIONS MANAGEMENT CONTRACT
KITCHEN 242 (FARMERS’ MARKET COMMERCIAL KITCHEN)
This is a Contract, effective January 15, 2016, for the management of the entire operations,
management and promotion of the City of Muskegon Farmers’ Market Commercial Kitchen (“Kitchen 242”),
made between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon,
Michigan 49440 (“City”) and Pioneer Resources of 1145 E. Wesley Avenue, Muskegon, MI, 49442
(“Manager”).
Background
The City is the owner of Kitchen 242, located at 242 W. Western Avenue, Muskegon, Michigan,
49440 (described in Exhibit A). The Manager has provided the City with services to manage Kitchen 242
since May 20, 2014, in accordance with their proposal at that time. This Contract extends this management. In
the event of any conflict, this Contract prevails over any terms in the proposal.
Therefore, the parties agree as follows:
1. Management; Operation; Maintenance. The Manager agrees to perform all acts and
assume responsibilities for the management, operation, and maintenance of the Commercial Kitchen, as
defined in this Contract. The Commercial Kitchen shall include the actual kitchen facilities, as well as use of
the restroom within the building. The Manager's responsibilities include, but are not limited to, all operation of
the buildings and their systems, maintenance thereof (with major repairs being referred to the City for repair or
replacement), repairs, cleaning, and snow removal (with the exception of the City’s responsibilities). In
addition, the Manager shall be responsible for rental and reservations for the Commercial Kitchen, including
marketing the facility with funds available. The Manager is responsible for trash removal from trash cans in
the facility. If graffiti appears on the building, the Manager shall notify the City and the City will remove the
graffiti. The Manager's responsibility shall further include the retaining and hiring of all personnel or, if
approved by the City, independent contractors, for the purpose of carrying out all the responsibilities and
functions of the Manager. All Michigan Occupational Safety and Health Administration (MIOSHA) rules
must be adhered to. The Manager must obtain any other necessary licenses and/or permits from the County
Health Department, Department of Agriculture, etc. that are needed for its operations and will assist clients and
tenants with information for obtaining their individual licenses.
2. Expenses. The Manager shall provide for staffing, including one staff person from Pioneer
Resources, at 10-12 hours per week, for Kitchen 242, as well as marketing of the facility. The Manager shall
coordinate other staff and volunteers to assist with the operations and marketing, when feasible. The Manager
shall track revenue and expenses, turning over any net proceeds to the City every three months. The City shall
pay for utilities at Kitchen 242 and will keep track of usage. If expenditures exceed revenues, the City and the
Manager shall discuss and negotiate how to move forward with the operations.
3. Manager; Agency Status. The Manager shall carry on the responsibilities set forth above,
and all incidental or related performances, functions or acts, and shall pay all the said expenses for the
personnel managing the facility. The Manager shall work with the Advisory Committee, consisting of members
from The City of Muskegon, the Community Foundation, Downtown Muskegon Now, The Chamber of
Commerce, the County Health Department and any others deemed appropriate by the City and the Manager.
The Advisory Committee shall meet once a month to discuss the status and future of Kitchen 242, and provide
direction to the Manager.
4. Level of Performance; Standards; Prices. The Manager's performance and assumption of
the responsibilities undertaken by this Contract shall be carried out and performed to the satisfaction of the
City, in its sole judgment and discretion. The Manager shall charge reasonable prices and fees for use of the
Kitchen 242, with the goal of covering all expenses, including personnel and utilities. No rent or fees shall be
charged for market-specific programs (e.g., P.O.P.), as agreed upon by the City and the Manager.
5. Participants It is the intent of the City that Kitchen 242 shall be leased for approximately
60% incubator/entrepreneur use and 40% educational use (e.g., classes, demonstrations). The Manager will
work towards this goal.
6. Quarterly Reports. The Manager shall provide the City with quarterly reports detailing
all income and expenditures. Manager shall also provide the City with a copy of the participant log for the
Kitchen 242 on a quarterly basis.
7. Management Fee. For its management and maintenance services, the Manager shall be
entitled to keep funding to cover its own expenses. The Manager will provide any net proceeds to the City to
assist with covering utility costs. The said management fee shall be the sole compensation to the Manager, and
Manager shall pay all the expenses contemplated by this Contract without further payments from the City.
9. Records; Audit of Financial Information. The Manager shall afford the City at reasonable
times every opportunity to examine its financial records, books, bank accounts, evidence of receipts and
expenses, invoices, any computer records, and any other information deemed appropriate by the City in order
to verify the receipts, uses and payment of funds by the Manager under this Contract. For said purpose the
Manager shall provide the City with all necessary means to access any computer records, programs, systems,
databases or other information. Copies of any information required by the City, whether on paper or by
computer media, as requested by the City, shall be afforded the City within 5 business days upon its request.
10. Possession; Termination. The parties agree that possession during the term of this
management contract remains with the City. The Manager shall act as an agent of the City, and its presence
and possession in Kitchen 242 is carried on entirely on behalf of the City. This Contract shall not be construed
as a lease or to give Manager any property right whatsoever in Kitchen 242 for any purpose. In the event of
lawful termination either before the term of this Contract or at the end thereof, Manager shall vacate the
premises without any notice or necessity of judicial proceedings. The Manager may use Kitchen 242 as a
tenant. In that case the rights they have as a tenant shall remain.
11. Property; Termination. All portable property purchased by the Manager or donated to the
Manager for use in the Commercial Kitchen shall remain with the City when this Agreement terminates, with
the exception of the items listed in Attachment A, which the Manager owns and uses in Kitchen 242. All
property owned by the City and used by the Manager shall remain the property of the City.
12. Condition of the Premises and Property. On termination, the Manager shall deliver all the
property and the premises to the City in good and useable condition, except for the effects of ordinary wear
and tear. Manager shall be immediately responsible for any repairs necessary to restore any property, whether
real or personal, fixtures or otherwise, to the said condition. Cost to repair any major damage that is done by a
tenant that is not covered by their security deposit must be claimed on the Manager’s insurance. Any costs
remaining must be negotiated by the City and the Manager.
13. Term. The term of this Contract shall be one (1) year from the effective date, provided that
either party may terminate this Contract without cause, effective upon 60 days written notice to the other party.
14. Insurance. The Manager shall obtain insurances required by the City in at least the coverage
amounts set forth below. In all the following coverages except workers’ compensation insurance, the City
shall be named as additional insured or loss payee, and each policy shall carry the commitment by the company
that no cancellation shall be effective against the City without thirty (30) days written notice to the City:
1.1. Comprehensive general liability insurance. The Manager shall obtain a
comprehensive liability insurance policy through a company licensed to do business in
Michigan and acceptable to the City, carrying limits of at least $1,000,000, single limit. A
copy of this must be provided to the City, as well as the Farmers’ Market Manager.
1.2. Workers’ compensation insurance. The Manager shall carry workers’
compensation insurance in the amounts required by state law.
1.3. Other insurances. Any insurances which are available and which are especially
appropriate for the operation of the Commercial Kitchen, covering liability and the cost of
injuries to persons and property shall be obtained by the Manager, with liability coverages
carrying at least a single limit of $1,000,000.
15. Insurance Notices. Cancellation Notice: Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement stating the following: "It is
understood and agreed that, in order to be effective, thirty (30) days' Advance Written Notice of Cancellation,
Non-Renewal, Reduction and/or Material Change shall be sent to:
City of Muskegon
Attn: City Manager
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
16. Assignment. The Manager may not assign this Contract. Any attempted assignment or
change in entity of the Manager shall constitute a violation of this Contract and cause immediate termination in
the City's discretion.
17. Hold Harmless and Indemnity. To the fullest extent permitted by law, Manager agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed officials, employees
and volunteers and others working on behalf of it against any and all claims, demands, suits, or loss, including
all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or
from the City, its elected and appointed officials, employees, volunteers or others working on behalf of it, by
reason of personal injury, including bodily injury and death and/or property damage, including loss of use
thereof, which arises out of or is in any way connected or associated with this Contract.
18. Duties of the City.
18.1 Lawn Mowing; Supplies. The City shall provide the Commercial Kitchen with
dumpster/s. The City shall provide for mowing around the Farmers’ Market and kitchen building, only
on normal business days (no weekends or Holidays); on the same schedule as other City properties
downtown.
18.2 Snow Removal. The City shall remove snow from the sidewalks on normal business
days (no weekends or Holidays), one time per day. A snow blower will be provided for use during
other times, with salt and fuel to be provided by the Manager.
18.3 Utilities. Interruption of utility service shall not result in any damages or claim
against the City. Manager covenants that it will not unnecessarily use the gas, utility, and water
utilities at the Center. If City determines, in its sole discretion, that Manager is using the utilities in a
wasteful manner, City shall have the right to charge the Manager for the excess utility costs.
18.4 IT. The City will assist with IT at the facility.
18.5 Major Improvements and Repairs. The City is responsible for major repair and
improvements to the facility, in its sole discretion.
18.6 Market Stall. The City will provide one stall for general use by the Manager (for
their customers), based on availability, in both the Summer and Winter Markets.
19. General Provisions.
19.1 Independent Contractor. The Manager is an independent contractor and not
an employee of the City. Manager is responsible for all its own personnel and all other
expenses and costs as set forth in this Contract and shall not have recourse to the City for any
claims involving the said expenses or costs.
19.2 Corporate Status. Manager warrants that it is a Michigan non-profit
corporation in good standing and is authorized to perform this Contract.
19.3 Equal Employment Opportunity; Discrimination. The Manager shall not
discriminate unlawfully against any person in violation of any law or rule of the City, the
County, the State of Michigan or the federal government, in employment, services or any
other respect. The Manager shall comply in each and every way with the City of Muskegon’s
affirmative action plans or policies, and shall never discriminate against any person based on
race or any other protected status under the laws of the State or the United States.
20. Defaults. Violation of any of the provisions of this Contract by the Manager, and failure to
remedy or cure such violation within thirty (30) days after written notice of such violation from the City, shall
constitute default by the Manager and constitute cause for immediate termination of this Contract:
21. Non-Waiver. Failure to enforce any remedy for a breach or a violation of this Contract
shall not constitute waiver of subsequent breaches or violations.
22. Remedies of the Manager. In the event the City breaches this Contract in any way, or the
Manager determines that a breach or failure to observe any covenant or condition by the City has occurred, the
Manager's sole remedy shall be termination of this Contract. The Manager shall not be entitled to any damages
for breach of contract, or to any injunctive relief to enforce this Contract. In the event there are sums legally
due to the Manager at the time of such termination they shall be paid forthwith, but no consequential damage
or damages for breach shall be awarded or available to the Manager.
23. Liens. The Manager shall be responsible for protecting the Commercial Kitchen from any and
all liens, mortgages, security interests or claims for any interest in any property.
24. Counterparts. This Contract may be executed in counterparts, and each set of duly delivered
identical counterparts that includes all signatories shall be deemed to be one original document.
25. Governing Law. This Contract shall be construed and enforced in accordance with the laws
of the State of Michigan applicable to contracts made and to be performed within the State of Michigan.
26. No Third Party Beneficiary. This Contract shall benefit only the parties to this Contract, and
not any third party.
27. Notices. All notices, approvals, consents and other communications required under this
Contract shall be in writing and, except when receipt is required to start the running of a period of time,
shall be deemed given: (i) when delivered in person; (ii) when sent by telephone facsimile or e–mail, (the
sender shall also mail or send a “hard copy” following the facsimile or e-mail, however, the notice shall be
effective upon the transmission of the facsimile or e-mail); (iii) one (1) day after depositing in the custody
of a nationally-recognized receipted overnight delivery service with delivery fees prepaid; or, (iv) two (2)
days after posting in the United States Mail, first-class. Notices shall be sent to the parties at their address
stated above.
PIONEER RESOURCES, Inc.
By:
Greg Scott, Executive Director
Dated:______________ ___, 2014
CITY OF MUSKEGON
By:_____________________________
Stephen J. Gawron, Mayor
Dated: ______________ ___, 2014
By:_____________________________
Ann Marie Cummings, City Clerk
Dated: _______________ ___, 2014
Commission Meeting Date: January 12, 2016
Date: December 16, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Lease Agreement Between Envirologic and City
of Muskegon
SUMMARY OF REQUEST: Envirologic, headquartered in Kalamazoo, has provided
environmental site assessment services for the City over the past several years.
Most recently they were granted the contract for the USEPA Site Assessment Grant.
Since they will be in the City of Muskegon frequently over the next few years while
providing site assessment services for the grant, they have agreed (and desire) to
have a satellite office in the City. The attached lease will allow Envirologic to have
their Muskegon Satellite location at City Hall. The space allocated will be
approximately 170 s/f in the CNS department (however, it may be moved if that
space is needed for another use in the future).
FINANCIAL IMPACT: Envirologic will not require any equipment to be provided to
them. They will pay a monthly rate of $300.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached lease and authorize the
Mayor and Clerk’s signatures.
Date: January 12, 2016
To: Honorable Mayor and City Commissioners
From: Engineering
RE: MDOT-City Amending the Agreement for
Muskegon & Webster
SUMMARY OF REQUEST:
Authorize staff to sign the attached amendment to the agreement with Michigan
Department of Transportation extending the completion date of the project to May 27,
2016 instead of the 12/31/2015 date in the original agreement and adopt a resolution
authorizing Mohammed Al-Shatel to execute said amendment.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to sign the agreement/contract amendment.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL TO AMEND CONTRACT AGREEMENT NUMBER
2014-0854/A1 BETWEEN THE MICHIGAN DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION OF MUSKEGON & WEBSTER AVENUES BETWEEN 9TH
STREET & SPRING STREET TOGETHER WITH OTHER NECESSARY RELATED
WORK ITEMS AND AUTHORIZATION FOR MOHAMMED AL-SHATEL, CITY
ENGINEER EXECUTE SAID AMENDMENT EXTENDING THE COMPLETION
DATE TO MAY 27, 2016.
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 2014-0854/A1 between
the Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Muskegon & Webster Avenues between 9th & Spring within
the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 2014-0854/A1
be and the same is hereby authorized and approved and Mohammed Al-Shatel, City
Engineer is authorized to execute said contract for and on behalf of the City of
Muskegon.
Adopted this____________day of____________, 2016.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2016. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: January 12, 2016
RE: 285 West Western Preliminary Expenses
SUMMARY OF REQUEST:
As part of the potential redevelopment of 285 West Western Ave, the City of Muskegon will be
required to submit a new/updated application to the Michigan Economic Development
Corporation. To accomplish this, a number of items need to be completed, including updated
architectural drawings, updated cost estimates, and updated project proformas. Further, there
are a number of safety and security improvements needed at the vacant building, including
boarding broken windows and addressing roof drainage issues. City staff is requesting
permission to expend up to $45,000 in pre-construction expenses at 285 West Western to
prepare the MEDC application, bid the project, and address a number of pressing security and
safety items.
FINANCIAL IMPACT:
Up to $45,000
BUDGET ACTION REQUIRED:
This change will be reflected in the Second Quarter Budget Status Report.
STAFF RECOMMENDATION:
To authorize staff to expend up to $45,000 in pre-construction expenses related to the
redevelopment of 285 West Western.
COMMITTEE RECOMMENDATION:
None.
Commission Meeting Date: January 12, 2016
Date: January 5, 2016
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Trades- Services Procurement 2016
Proposals for CNS
____________________________________________________________________________________________
SUMMARY OF REQUEST: To approve the following Trades-Services procured
through sealed bid proposals producing the lowest responsible bidder:
Appraisals – Midwest Real Estate Services
Building Contractor- Custom Exteriors
Electrical Contractor- Belasco Electric
Mechanical Contractor- Accurate Mechanical Services
Plumbing Contractor- Brett Noordhoff Plumbing
Property Maintenance- Walker Handyman Enterprises
Realtor- Greenridge Realty, Inc
Specification Writer- Hager Consulting, LLC
Structural Engineer/Surveyor- Westshore Consulting
(See attached results)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the procured Trades Contractors-
Service providers for the Community and Neighborhood Services during 2016 with
possible one year extension.
COMMITTEE RECOMMENDATION: None required.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 05, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Appraisals
Community and Neighborhood Services received the following bid proposals:
Address: 2324 Park Drive
Midwest Real Estate Services: Pre-Purchase Appraisal $ 390.00
Appraisal $ 390.00
Post-Rehab Appraisal $ 390.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 05, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Building
Community and Neighborhood Services received the following bid proposal:
Address: 2324 Park Drive
Custom Exteriors: $ 39,017.00
Jr Walker Construction: Incomplete
Nassau Construction LLC: $ 48,420.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 05, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Electrical
Community and Neighborhood Services received the following bid proposals:
Address: 2324 Park Drive
Belasco Electric: $ 1,718.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 6, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Mechanical
Community and Neighborhood Services received the following bid proposals:
Address: 2324 Park Drive
Accurate Mechanical Services: $ 900.00
Assured Comfort Heating & Cooling Inc: $ 950.00
Northside Heating & Cooling: $ 1750.00
Bowen Heating & Cooling: $ 1660.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 05, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Plumbing
Community and Neighborhood Services received the following bid proposal:
Address: 2324 Park Drive
Bret Noordhoff Plumbing: $ 6,100.00
Advanced Plumbing Concepts, LLC: $ 7,000.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 05, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Property Maintenance
Community and Neighborhood Services received the following bid proposals:
Address: 2324 Park Drive
Walker Handyman Enterprises: $ 160.00
Preferred Lawn Care & Snow Plowing: $ 240.00
Ground Control Lawn & Landscape: $ 505.00
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 6, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Realtors
Community and Neighborhood Services received the following bid proposals:
GREENRIDGE Realty, Inc.: Commission - 6% of purchase price
*If representing buyer 5% of purchase price
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 6, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Specification Writer
Community and Neighborhood Services received the following bid proposal:
Hager Consulting LLC $65.00 per hour spec writing
$65.00 per hour progress monitoring on site
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Community and
Neighborhood Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: January 6, 2016
To: Bidding Contractors
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results for Structural Engineer/Surveyor
Community and Neighborhood Services received the following bid proposals:
Westshore Consulting:
Property Survey w/Drawings
Including house : $462.00 LSUM
Property Survey w/Stakes : $385.00 LSUM
Turn around time : Structural: Varies per scope of home
Survey : One week (or less)
The City of Muskegon reserves the right to accept or reject any and all bids. The
City of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the
next few days.
Date: January 12, 2016
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Assessing Agreement
SUMMARY OF REQUEST: Staff would like to continue utilizing the Muskegon
County Equalization as our Assessor. The proposed agreement will be for five years
beginning July 1, 2016 but may be terminated with 90 days written notice. The
agreement calls for an annual base fee of $320,000 with a two percent increase
annually.
FINANCIAL IMPACT: $320,000 per year with a two percent increase annually.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the
agreement.
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
MUSKEGON COUNTY BOARD OF COMMISSIONERS
THIS AGREEMENT, entered into as of the 1st day of July 2016, between the
City of Muskegon, a municipal corporation, by its City Commission, hereinafter referred
to as “The Municipality”, and the County of Muskegon, by its Board of Commissioners,
hereinafter referred to as the “County”, is as follows:
PURPOSE
The purpose of this Agreement is to provide for a property assessment
administration program to be administered by the County Equalization Director, or
designated representative, which will list, appraise, and maintain a complete set of
records for all real and personal property, subject to ad valorem taxation, specific taxes,
and in-lieu-of tax agreements within the Corporate limits of The Municipality pursuant to
Public Act No. 160 of 1972.
TERM AND TERMINATION
The agreement shall commence July 1 of 2016, and terminate June 30, 2021 provided
that either party may terminate the Agreement on June 30 of each year upon ninety (90)
days prior written notice. The notice shall be sent by certified mail to the County
Equalization Director if terminated by The Municipality. The notice shall be sent by
certified mail to the City Manager if terminated by the County.
I. The County agrees to perform the following services and provide the materials set
forth herein:
A. Scope of Service - To classify and appraise, according to the constitution
and laws of the State of Michigan, each parcel of real property which lies
within the confines of The Municipality, and to process all assessable
personal property that is in such Municipality, and use the methods
prescribed by the Michigan State Tax Commission. The Equalization
Department will provide an assessment roll that will equal the tentative State
Equalized Values for each classification of property. The final factor will be
determined by the action of The Municipality’s Board of Review and the
process of state equalization as determined by the State Tax Commission.
B. Qualified Staff - All County employees engaged in the performance of this
Agreement shall be professional in manner and appearance and be trained in
property appraisal techniques. The assessor shall be certified by the State
Tax Commission, as required for The Municipality’s size and State
Equalized Value.
C. Equipment and Supplies - The County will provide all equipment and
supplies needed for the routine performance of its duties without additional
expenses, except as otherwise set forth herein.
D. Maps and Records - The Municipality shall provide current land use maps,
zoning maps, street/centerline maps, plats, topographical maps, sewer and
water maps, and shall make available any records or data which may be of
use in making the appraisal, without cost to the County. The County has
implemented a GIS system in which mapping data is maintained. The GIS
system is addressed in sub-point “M” of this agreement.
E. Appraisal Manuals/Schedules - The current Michigan State Tax
Commission Assessor’s Manuals shall be the cost schedules used in the
appraisal of all properties. All cost schedules shall be indexed to reflect
current costs as of Tax Day.
F. Record Cards - The County will maintain the master file at a specified
location. The master file shall become the property of The Municipality
when delivered.
G. Public Relations - Both parties recognize that good public relations are vital
to the success of the assessment administration program. During the term of
this Agreement, County employees shall endeavor to promote understanding
and amicable relations with all members of the public. County Staff will be
assigned by the Equalization Director to report at the designated Municipal
Building to conduct their duties, interact with Municipal Staff, attend
meetings, and promote community relations. The Municipality will provide
adequate office area and operational infrastructure, such as
telecommunication, data communication, utilities, networking capabilities,
and electronic storage capacity, to adequately support required staff
activities and necessary ancillary functions. The accommodations shall be
safe, modern, and reflect a professional function. All electronic data
interfaces shall be compatible with County information protocols and
standards.
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When systems or resources are scheduled to be shutdown, notice shall be relayed
in advance to the County to allow for substitute assignments for any staff. When
possible, system maintenance should not be scheduled during regular business
hours. When possible, any maintenance that is performed on the computer
equipment owned by the County by representatives of The Municipality should be
coordinated with a representative of the Information Systems Department of the
County to avert conflicts in configuration and application issues.
H. Property Owner Notification and Official Statements - It shall be the
responsibility of the County to notify all property owners annually of
assessed and taxable values, as provided by law, whether values increase or
decrease, as well as distribute personal property statements and other official
forms.
I. Assessment Roll - The County shall prepare the assessment roll and certify
the same for The Municipality in a timely manner.
J. Board of Review - County Staff will advise and assist The Municipality’s
Board of Review in preparing for, conducting, and implementing any
changes resulting from the required meeting of the Board.
K. Appeals - The County Equalization Director, or designated representative,
shall represent The Municipality in all property assessment appeals and in
proceedings before the Tax Tribunal concerning properties under this
Agreement. The Municipality shall designate and provide the legal services
for such appeals or proceedings; however, costs or expenses which may be
incurred by the County in employing additional counsel, expert appraisers,
or performing extraordinary specific appraisal work in connection with such
appeals, proceedings, or other functions shall be paid by The Municipality
provided that the Equalization Director seeks and obtains approval from The
Municipality prior to incurring such costs or expenses. Additionally, should
either party terminate this agreement, the County, or designated
representative, shall represent The Municipality in all property assessment
appeals and in proceedings filed during the existence of this agreement. The
fee shall be $100.00 per hour for preparation, appearance, and travel after
termination of the agreement.
L. Computerized Appraisals and Information Technology – The County
will provide staff, equipment, and software to maintain electronic property
records using a computer assisted mass appraisal system. Assessment
administration, including digital photography and sketching, as well as
general business application software shall be prescribed by the County. All
property information shall adhere to the requirements of the County Wide
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Area Network and its specifications. The records will be utilized for annual
valuation updates. The County may request the assistance of designated
staff of The Municipality to determine proper neighborhoods for market
value determinations. The County will ensure that the assessment records
reflect the property’s true cash value, assessed valuation, and taxable
valuation to be utilized for any property tax calculations in conformance
with applicable General Property Tax Law requirements. The computer
assisted mass appraisal system and its attributes shall become the property
of The Municipality upon termination of this agreement.
Additionally, the County and The Municipality shall participate in an
electronic building permit system that will transfer such data to the
computer aided assessment administration system without modification or
hesitation. The system and its attributes shall be determined by the County.
M. Geographical Information Systems – The County and The Municipality
may implement a geographical information system. An independent formal
mutual agreement will govern this function.
N. Special Assessments - Special assessment benefit analyses, roll preparation,
processing, and related reports will be provided by the County when
formally requested. The fee shall be $100.00 per hour.
O. Records Maintenance and Access – The County agrees to maintain records with
the most current information the County has available.
1. All changes in property ownership will be recorded in the assessment
records within 30 days of being filed with the Muskegon County
Register of Deeds unless incomplete property documentation prevents
timely recording. In these cases, the Equalization Department will
strive to get complete, accurate ownership information recorded as
quickly as practical.
2. City staff will be afforded full access to assessment records (including
photographs).
II. The County will perform all the above services, subject to costs and expenses set
forth, for The Municipality under the terms and conditions below:
A. Annual Fees - For each year of this agreement the annual fee shall be
calculated in the following manner: The initial period shall be from July
1, 2016, to June 30, 2017, and the fee shall be $320,000. The base Annual
Fee of $320,000 shall be subject to a 2 percent increase effective July 1,
2017, and annually on this date for every year thereafter.
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B. Payments - The Municipality shall remit the annual fee in equal
quarterly payments commencing July 1 of each year of this agreement.
C. Relationship of the Parties – The parties acknowledge that the
agreement between the County and The Municipality is one of an
independent contractor. Neither of the parties should represent that an
employment relationship is created or exists with regard to the employees
of the other. This independent contractor relationship shall be given its
full scope and intent including without limitation as it pertains to liability,
wages, benefits, and taxation.
III. Miscellaneous
A. Section Headings – The headings of the sections shall be solely for
convenience of reference and shall not affect the meaning, construction,
or effect hereof.
B. Severability – If any one or more of the provisions contained herein
shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, then such provision or provisions shall be deemed
severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
C. Entire Agreement and Amendment – In conjunction with matters
considered herein, this Agreement contains the entire understanding
and agreement of the parties and there have been no promises,
representations, agreements, warranties, or undertakings by any of the
parties, either oral or written, of any character or nature hereafter
binding except as set forth herein. This agreement may be altered,
amended, or modified only by an instrument in writing, executed by the
parties to this Agreement, and by no other means. Each party waives
their future right to claim, contest, or assert that this Agreement was
modified, canceled, superseded, or changed by any oral agreements,
course of conduct, waiver, or estoppel.
D. Successors and Assigns – All representations, covenants, and
warranties set forth in this Agreement by or on behalf of, or for the
benefit of any or all of the parties hereto, shall be binding upon and
inure to the benefit of such party, its successors, and assigns.
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E. Terms and Conditions – The terms and conditions used in this
Agreement shall be given their common and ordinary definition and
will not be construed against either party.
F. Execution of Counterparts – This Agreement may be executed in any
number of counterparts and each such counterparts shall for all
purposes be deemed to be an original; and all such counterparts, or as
many of them as the parties shall preserve undestroyed, shall together
constitute one and the same instrument.
ACKNOWLEDGEMENTS
City of Muskegon:
By:
Stephen Gawron
Its: Mayor
By:
Ann Marie Meisch
Its: City Clerk
Approved as to Form:
John C. Schrier, City Attorney
County of Muskegon:
By:
Terry J. Sabo
Its: Chairman Board of Commissioners
By:
Nancy A. Waters
Its: Clerk
Approved as to Form:
Douglas M. Hughes, Corporate Counsel
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Date: January 6, 2016
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Liquor License Request – Racquets, 446 Western
Avenue
SUMMARY OF REQUEST: The Muskegon Police Department has
received an Application for Temporary Authorization from Downtown
Pinnacle Properties (dba Racquets Downtown Grill) for a charity event
scheduled for February 4, 2016 to February 6, 2016. The liquor license
request is to include Western Avenue between 3rd and 4th Street. Spirits
will be served.
The State of Michigan Liquor Control Commission is asking for local
commission approval, for use of the city street, before the license is
issued. This is a repeat event, and the Muskegon Police Department
finds no reason to deny this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the Request.
Date: January 12, 2016
To: Honorable Mayor and City Commissioners
From: Engineering
RE: LED Sign @ the Farmers Market
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Allsigns LLC out of Muskegon to
purchase & install an LED digital sign at the farmers Market using a 16mm lighting
system to enhance visibility for a cost of $29,550.00.
Allsigns is being recommended as a result of the attached bid tabulation.
FINANCIAL IMPACT:
Cost of purchase & installation of $29,550.
BUDGET ACTION REQUIRED:
None at this time, however, future budget reforecasts might have to be revised to
account for this expense.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Allsigns LLC.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: January 12, 2016
Date: December 16, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: BID Special Assessment- Resolution Confirming
Special Assessment Roll
SUMMARY OF REQUEST: The City Commission approved the creation of a BID
special assessment district at the November 24, 2015 meeting and the Special
Assessment Roll is now ready to be confirmed. The assessments will go towards
various downtown expenditures, including snow removal on sidewalks, spring/fall
cleanup and landscaping, holiday decorating, banners & directional signs,
marketing/advertising and art. The BID assessment includes both a “Class A” and a
“Class B” district (see attached list). Since the November 24 Commission meeting,
the maximum amount to be assessed for Class B properties is $750, rather than the
$3,000 that is the maximum assessed for Class A properties.
FINANCIAL IMPACT: The total estimated cost of services within the BID is
$128,467.36 of which approximately 90% ($115,942.02) will be paid by the special
assessment to property owners, with the remaining cost being paid by the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution approving the
confirmation of the special assessment roll and authorize the Mayor and Clerk to
sign.
CITY OF MUSKEGON
Resolution No. ______
Resolution Confirming Special Assessment Roll
For DOWNTOWN MUSKEGON BUSINESS IMPROVEMENT DISTRICT (BID)
Properties Assessed: See Exhibit A attached to this resolution
RECITALS:
1. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on November 24, 2015, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district levying on “Class A” Properties, as defined in the BID
Bylaws, shall be assessed an annual assessment of $0.08/sf with no assessment to exceed
$3,000 and “Class B” Properties, as defined in the BID Bylaws, shall be assessed an
annual assessment of $0.02/sf with no assessment to exceed $750.
3. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied will be billed in January 2016 and those assessments not paid
by October 2016 will be placed on the Winter 2016 tax bill.
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is
the date of confirmation.
This resolution adopted.
Ayes ___________________________________________________________________
______________________________________________________________________________
Nays ___________________________________________________________________
______________________________________________________________________________
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on January 12,
2016. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public acts of 1976.
Further I hereby certify that the special assessment roll referred to in the above resolution
was confirmed on the date being January 16, 2016.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Exhibit A
Properties Assessed
PROMISSORY NOTE
$45,000 Muskegon, Michigan
_____________, 2016
FOR VALUE RECEIVED, the undersigned (the “Maker”) promises to pay to the order of
City of Muskegon (the “Holder”), at 933 Terrace Street, Muskegon, Michigan 49443, or at such
other place as directed in writing by the Holder, the principal sum of Forty Five Thousand Dollars
($45,000), together without interest, except that interest shall accrue from the date of this
Promissory Note if payment is not made as provided below at the rate of three percent (3%) per
annum on the unpaid principal balance remaining due from time to time. No provision of this
Note shall require or be construed to require a payment or permit or be construed to permit the
collection of interest in violation of law. If any excessive interest in violation of law is adjudicated
to be provided herein, the provisions of this paragraph shall govern and the Maker shall not be
obligated to pay the amount of such interest to the extent that it is in violation of the law. Instead,
interest shall be the maximum allowed by law and this Note shall be deemed to be automatically
modified in accordance with the terms of this paragraph. If it is adjudicated that any fee or other
charge provided for herein are interest, it is agreed that to the extent of such adjudication, such
interest shall be considered as interest for the life of the Note, commencing on the date of the Note
and extending to the due date of the Note or any extension of such due date.
This Note shall be payable as follows: $15,000 on June 30, 2016, $15,000 on January 30,
2017 and $15,000 on June 30, 2017, provided, however, that the entire balance of principal and
interest shall be payable on or before June 30, 2017.
The Maker may prepay without penalty all or any portion of the principal at any time. Any
prepayment shall not eliminate the obligation of the Maker to pay all subsequent installments on
their normal due dates. All payments of any nature shall be applied first to accrued interest and
the balance to principal.
This Note is given in conjunction with the establishment of the Business Improvement
District, an entity of the City of Muskegon and in anticipation of monies being received through a
special assessment being levied by the City of Muskegon. The loan will allow the Business
Improvement District to begin providing services prior to receipt of monies from property owners
in the Business Improvement District.
Upon any default for a failure to make any payment when due, the Holder shall provide
fifteen (15) days’ written notice to the Maker of such default. If any such default remains uncured
at the end of such notice period following receipt of such written notice by the Maker as described
above, the Holder may declare the entire remaining balance of principal and interest to be
immediately due and payable. No delay by the Holder in exercising any right hereunder shall be
considered a waiver of such right.
O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2016\011216\14D_KB7029-CITY LOAN TO BID -
PROMISSORY.DOCX
The Maker and every endorser or guarantor hereunder (i) waive protest, presentment,
demand for payment and notice of dishonor; (ii) agree that any extension of the time for any
payment, reduction of any payments, acceptance by the Holder of a renewal note, or release or
nonenforcement of any security, whether with or without notice, shall not release or off-set the
obligations of the Maker or any guarantor or endorser.
In the event either party exercises its rights, remedies, or defenses hereunder in order to
collect or attempt to collect the principal and interest due under this Note or to enforce its rights
under any provision of this Note, or to defend against such an action, the non-prevailing party shall
pay to the prevailing party on demand all reasonable expenses, including attorney fees and legal
expenses, paid or incurred by the prevailing party with regard to such action.
CITY OF MUSKEGON BUSINESS
IMPROVEMENT DISTRICT
By:_______________________________________
Its:_______________________________________
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