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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 11, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Recognition of Max McKee (Mart Dock), for Sponsorship and Participation
in Youth Building Programs
B. Recognition of LLS, Inc. (McDonald’s) Continuing Participation in the
“Good Buddy Bucks” Program
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Televising of Commission Meetings City Clerk
C. Adopt a Resolution Approving the Liquor License Application for Western
Michigan Rum Company, LLC City Clerk
D. Amendment to PILOT Ordinance Planning & Economic Development
E. Second Amendment to Contract for Housing Exemption – Nelson Place
Planning & Economic Development
F. 2019 Salary Schedule and Fringe Benefits for Non-Represented Employees
City Manager
G. Towing Contract Public Safety
H. Approval of Sale: City-Owned Home at 1025 E Forest Community &
Neighborhood Services
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I. Purchase Agreement – 880 First Street City Manager
J. Request to Deny & Accept Properties that did not Sell During the Tax Sale
for 2018 Planning & Economic Development
K. Parking Restrictions December 1 – March 1 – SECOND READING Public
Safety
L. Parking Ordinance Amendment Change – LO7 Public Safety
M. Parking Ordinance Amendment Change – LO9 Public Safety
N. Drinking Water Revolving Fund (DWRF) Project Plan Development DPW
O. Community Relations Committee Appointment Recommendations City
Clerk
□ PUBLIC HEARINGS:
A. Public Hearing – Amendment to the Downtown Development Plan and Tax
Increment Finance Plan of the City of Muskegon Planning & Economic
Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. LC Walker Arena Improvements City Manager
B. First Quarter 2018-19 Budget Reforecast Finance Director
C. Local 370, Muskegon Firefighters 2019-2023 Contract City Manager
□ 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.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: December 6, 2018
Here is a quick outline of the items on our very full agenda(s):
WORK SESSION
1. We will have a presentation on the needs assessment for the Marina. This will be done
via a power-point. I’ll try to forward the presentation to the commission in advance so
you can have time to familiarize yourself with it prior to the formal presentation.
2. We are going to finish our discussion on the parking changes to even/odd. There are two
small amendments that need to be considered. If we are not going to have 100%
attendance at the regular meeting on Tuesday, we would then have to at least do the
initial reading of the two amendments on Monday if we want the change to be effective
before the end of the calendar year. Jeff Lewis will be in attendance to explain the
amendments.
3. We would like to discuss the anticipated capital improvements for the Arena – specifically
the roof, boiler, and dehumidification system. We will be seeking approval on the bids
for the roof and dehumidification system on Tuesday, and hope to have final numbers on
the boiler for the January meeting. Staff is reviewing financing options as well as cost-
sharing options with the DDA. At this point, we are assuming that the entire cost would
be $2.5 Million at the high end. The cost to finance that over a 10 year period at 4.5%
interest would be approximately $311,000 annually. My recommendation would be to
seek $200,000 annually from the DDA and fund the additional $111,000 annually from
proceeds in the public improvement fund.
REGULAR MEETING
1. Under Honors and Awards we will be thanking Max McKee from the Mart Dock and LLC,
Inc. (McDonalds) for sponsoring programming in partnership with the Muskegon
Department of Public Safety.
2. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Authorization to enter into agreement to televise city commission meetings.
c. Approval of a resolution approving the Liquor License for West Michigan Rum
Company, LLC. This group previously paid the $1,000 application fee as part of
their original plans to locate in the LC Walker Arena 2 years ago. Staff will be
applying that original application fee payment to this new application, as no
inspections were completed on the original site after it was determined that
locating the distillery in the arena would be cost prohibitive.
d. We are seeking an amendment to our PILOT Ordinance to accommodate a request
to refinance the debt at Nelson Place Apartments. The ownership’s goal is to
make needed improvements to the facility with the funds made available through
their refinancing.
e. We are seeking an amendment to the existing PILOT Agreement with Nelson Place
Apartments to assist in their efforts to refinance the debt associated with their
building.
f. We are seeking approval of the 2019 non-represented employee wage/benefit
plan. We are recommending a number of changes to the part-time matrix in-part
to meet new minimum wage standards, and in-part to remain competitive in our
attempt to hire part-time and seasonal employees. For full-time employees, we
are seeking a 1.5% adjustment for cost-of-living and an additional 1% increase to
the residency incentive (this would put the residency incentive at 4%). We are
also seeking approval to increase the deferred compensation match (similar to a
401(k) match) to $3,000 annually; it is currently $2,000.
g. Chief Lewis will be present to request that the commission award the towing
contract to Ramos Towing. Ramos is our current vendor.
h. CNS is seeking approval to sell the home located at 1025 East Forest.
i. Staff is seeking an extension to the purchase agreement at 880 1st Street. The
developer is working to align his financing and development plan. We expect to
close on this property by the end of January.
j. We are requesting that certain properties are accepted as city-owned as part of
the 2018 tax sale. These are properties that went unclaimed. Our goal would be
to renovate this homes and make them available to families in our core
neighborhoods.
k. We will have the Second Reading of Even/Odd parking restrictions
l. We will have the Second Reading of changes to LO 7 to accommodate the new
even/odd parking regulations.
m. We will have the Second Reading of changes to LO 9 to accommodate the new
even/odd parking regulations.
n. We are seeking approval to enter into an agreement with Prein & Newhof to
develop a plan for the City’s Drinking Water Revolving Loan Fund Project.
3. Under Public Hearings we will accept comments regarding the City’s plan to amend the
DDA Tax Increment Finance Plan.
4. Under the New Business, we are asking the Commission to consider the following:
a. We are seeking authorization to award the contracts to replace the rook at the LC
Walker Arena and the Dehumidification System at the LC Walker Arena.
b. Finance Director Lewis will be on hand to present the 1st Quarter Budget
Reforecast.
c. We are seeking authorization to enter into a 5-year collective bargaining
agreement with Local 370 (Muskegon Firefighters). This will allow us to hire 13
firefighters in January 2019 and an additional 7-10 firefighters in January 2020.
Let me know if you have any questions/comments/concerns
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the November 27, 2018
Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 27, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, November 27, 2018.
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 J. Gawron, Commissioners Ken Johnson, Byron
Turnquist, Debra Warren (arrived at 5:40 p.m.), Willie German, Jr., and Dan
Rinsema-Sybenga, Acting City Manager Beth Lewis, City Attorney John Schrier,
and City Clerk Ann Meisch.
Absent: Vice Mayor Eric Hood
2018-83 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the November 13, 2018 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
F. Approval of Sale: City-Owned Home at 1350 Eastwood Community &
Neighborhood Services
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sales transaction with
Maletta Brown for the rehabilitated home at 1350 Eastwood Drive for a
purchase price of $137,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
Page 1 of 7
rehabilitation of affordable homes through the HOME program and provide
funding for our Homebuyer’s Assistance Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, except item B, C, D, E, and G.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron
Nays: None
MOTION PASSES
2018-84 ITEMS REMOVED FROM CONSENT AGENDA:
B. 2018-2019 Muskegon High School Community Officer Agreement Public
Safety
SUMMARY OF REQUEST: To approve the 2018-2019 Muskegon High School
Community Officer Agreement. This agreement provides Muskegon High School
with a Community Officer during the nine months school is in session.
FINANCIAL IMPACT: Muskegon Public Schools agrees to pay the city of
Muskegon $2,533.53 each month, from September 2018 through May 2019,
totaling $22,801.77.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the 2018-2019 Muskegon High School
Community Officer Agreement.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the 2018-2019 Muskegon High School Community Officer Agreement.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
C. Rezoning Several Properties Planning & Economic Development
SECOND READING
SUMMARY OF REQUEST: Staff initiated request to rezone 372, 380, 388, 394, 398,
406, and 414 Houston Avenue; and 1148 6th Street from R-3, High-Density Single-
Family Residential to Form Based Code, Urban Residential to allow for more
housing options.
FINANCIAL IMPACT: None
Page 2 of 7
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the rezonings (plus the rezonings of 1246, 1252 and 1258 5th Street)
by a 7-1 vote, with one member absent at the October 4 Special Planning
Commission meeting. Staff has recently recommended to remove 1246, 1242,
and 1258 5th Street from the request due to comments from the public.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the rezonings.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Warren
Nays: None
MOTION PASSES
D. Livability Magazine City Manager
SUMMARY OF REQUEST: Muskegon Lakeshore Chamber is producing the first in
an annual series of magazines focused on attracting residents to the Muskegon
Area. The Downtown organizations are looking to have a large presence in the
magazine by purchasing a three-page fold-out of the rear cover. City staff
asked to partner with the Downtown agencies in an effort to expand that
marketing into the rest of the city. The city will be reimbursed for 2/3 of the
$17,115.00 cost. The joint advertisement will now focus on livability from the
Lakeshore to the Downtown, and will also include living options in the City’s
central and eastern neighborhoods.
FINANCIAL IMPACT: $17,115.00
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the advertising agreement with
Journal Communications in the amount of $17,115.00, and authorize the City
Manager to sign.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the advertising agreement with Journal Communications in the amount
of $17,155.00, and authorize the City Manager to sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
German
Nays: None
MOTION PASSES
E. Muskegon Convention Center – Owners Representative Agreement City
Manager
Page 3 of 7
SUMMARY OF REQUEST: City and County staff are recommending that the City
of Muskegon formally engage Construction Simplified to act as the owner’s
representative on the Convention Center Project. As the owner’s representative,
Construction Simplified will assist through each phase of the project – including
design, pre-construction, construction, and a warranty period.
FINANCIAL IMPACT: $206,858
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the agreement with Construction
Simplified and authorize the City Manager to sign.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the agreement with Construction Simplified and authorize the City
Manager to sign.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
G. COAM (Command Officers Association of Michigan) 2019 Renewal City
Manager
SUMMARY OF REQUEST: Staff has come to terms on a new 4-year contract with
the Police Command Division. The agreement will take effect January 1, 2019.
The contract contains similar wage adjustments and benefit changes previously
negotiated with other bargaining units. The major long-term change to the
benefit structure is the implementation of a frozen FAC multiplier bridge in the
pension program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the tentative agreement as
presented and authorize the Mayor and Clerk to sign the new contract with
COAM.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the agreement as presented and authorize the Mayor and Clerk to sign the new
contract with COAM – Command Officers Association of Michigan.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2018-85 UNFINISHED BUSINESS:
Page 4 of 7
A. Parking Restrictions December 1 – March 1 Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission approve the changes for Chapter 92, LO7 and LO9 of the ordinance
regarding the seasonal parking plan, December 1st, through March 1st.
1. (LO7) Along or on any unpaved parkway, except where the same is used
for a driveway to enter private or public property.
2. (LO9) From December 1 through March 1 of each year and during any
declared snow emergency, where parking is currently allowed on both
sides of the street, on street parking is modified as follows:
a. Parking is allowed on the side of the street with even numbered
addresses on even numbered calendar days between the hours of
7:00 a.m. and 5:00 p.m.
b. Parking is allowed on the side of the street with odd numbered
addresses on odd numbered calendar days between the hours of
7:00 a.m. and 5:00 p.m.
c. Parking is allowed on both sides of the street all days between the
hours of 5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is
allowed except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business area bordered by Shoreline Drive, Spring Street, Apple
Avenue and Seventh Street, parking is allowed except between the hours of
2:00 a.m. and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the Parking
Restrictions changes to the Code of Ordinances.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Turnquist,
to approve the Parking Restrictions changes to the Code of Ordinances.
AMENDMENT: Motion by Commissioner Rinsema-Sybenga, second by
Commissioner Turnquist to amend the motion to:
1. include allowing terrace parking on streets that allow parking on only one
side of the street
2. include Midtown (Third Street from Merrill to Muskegon) in the downtown
business area
Page 5 of 7
3. Muskegon Avenue & Seventh Street to Shoreline Drive to Spring Street to
Apple Avenue to First Street, to Muskegon Avenue & Seventh Street
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
and Gawron
Nays: None
MOTION PASSES
ORIGINAL MOTION - ROLL VOTE: Ayes: Gawron, Warren, German, Rinsema-
Sybenga, Turnquist, and Johnson
Nays: None
MOTION PASSES
2018-86 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
561 Catherine Avenue (garage only)
1874 Manz Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they 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 structures and that the
Mayor and City Clerk be authorized and directed to execute contracts for
demolition with the lowest responsible bidder or staff may issue infraction tickets
to the owner, agent or responsible party if they do not demolish the structure.
FINANCIAL IMPACT: General Funds for 561 Catherine (garage only)
None for 1874 Manz Street
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to concur
with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Page 6 of 7
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:25 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 7 of 7
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Televising of Commission Meetings
SUMMARY OF REQUEST: The necessary upgrades have finally been made
to our equipment allowing us to, once again, broadcast our City Commission
meetings on our Government Channel. We received proposals from two
sources with the ability to provide this service. We are recommending Andy
O’Riley be retained to film our City Commission meetings live on television
and Facebook.
FINANCIAL IMPACT: $350 per meeting and up to $2,500 for additional
needed equipment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To allow staff and attorney to create an
agreement approving Andy O’Riley to broadcast City Commission meetings
on our Government Access Channel.
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Adopt a Resolution Approving the Liquor License
Application for Western Michigan Rum Company, LLC
SUMMARY OF REQUEST: To adopt a resolution approving the request for a
Liquor License for West Michigan Rum Company, LLC to be licensed as a
Small Distiller.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt a resolution approving the request.
Commission Meeting Date:
Date: December 6, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to PILOT Ordinance
SUMMARY OF REQUEST:
To amend Section 82-51 of the City Code of Ordinances to reduce the service charge to be
paid in lieu of taxes from a 3% minimum to a 2% minimum. The new essential service fees
that the City has been including in development agreements will allow the City to collect
more revenue.
FINANCIAL IMPACT:
The City will gain more revenue through essential services fees than from service charges.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the amended ordinance
COMMITTEE RECOMMENDATION:
None
12/6/2018
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 82, Article II of the Code of Ordinances of the City of Muskegon,
Michigan, Section 82-51 are amended to read as follows:
Section 82-51. Payment in lieu of taxes; amount; standards for determination.
The payments in lieu of taxes to be made by housing projects exempt from ad
valorem taxes under this division are hereby established by the city pursuant to
Section 15a of Public Act No. 346 of 1966 (MCL 125.1415a), without regard to
the amounts otherwise set forth in such section of this act. The service charge to
be paid in lieu of taxes by any housing project exempt under this division shall be
determined as follows:
(1) Amount. Except as provided in subsection (2)(h) of this section, the
service charge shall be in an amount no less than 2 percent nor more than
20 percent of the contract rents charged for the total of all units in the
exempt housing project, whether the units are occupied or not and whether
or not the rents are paid. In no event shall the service charge exceed the ad
valorem real property taxes which would be paid for the housing project if
it were not exempt.
(2) Standards for determining the amount of the payment in lieu of taxes.
In determining the amount of service charge (not less than the minimum)
which will be paid the city for a housing project exempt under this
division the following standards shall guide the city. All criteria which
apply shall be considered to arrive at the service charge:
a. In the event the housing project or a substantial part thereof is
located in a rehabilitated structure, for that portion of the project
found in the rehabilitated structure the city shall establish a lower
service charge.
b. In the event the housing project is located in an area of the city
which is part of a tax increment district and removes taxable
property from the tax roll, the city shall establish a higher service
charge.
1
c. The city shall consider the number of exempt units as compared
to nonexempt units which are attached or contiguous to the
housing project, but which are developed simultaneously with it by
the same developer. To the extent that nonexempt units, including
units calling for market rents, are included in the development, the
city shall consider lowering the rate of the service charge on the
exempt units.
d. In the event the housing project is proximate to nonsubsidized
and nonexempt housing which is not part of any project for which
the developer of the exempt housing project is responsible, the city
shall establish a higher service charge.
e. In the event the housing project is eligible for other property tax
abatements or reductions of any kind, or municipal benefits not
generally available to residential properties, the city shall establish
a higher service charge.
f. In the event the housing project results in an increase in the need
for public services such as water or sewer extensions, public
transportation services, additional snow plowing, police and fire
services, or increased school populations, the city shall establish a
higher service charge.
g. In the event the city determines that the housing project will
result in significantly increased traffic generation or street or
highway safety problems, the city shall establish a higher service
charge.
h. For a project which meets the criteria of section 82-50(4), the
service charge may be continued in the amount the city had
previously determined.
(3) Property or unit becoming ineligible. In the event any residential unit
is found to be occupied by persons who are not eligible to occupy exempt
units under this division, the service charge for that unit, prorated, shall
equal the general property taxes which would be payable (prorata) for that
unit. In the event the city determines that more than 50 percent of the units
in the housing project are occupied by such ineligible persons, then the
entire housing project shall be immediately liable for a service charge in
an amount equal to the ad valorem property taxes which would otherwise
be charged by tax bills normally issuing in the year of the city's
determination.
2. This Ordinance is to become effective ten (10) days after adoption.
2
Ayes:
Nays:
First Reading:
Second Reading:
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 ____ day of
_______________, 2018, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.
Date:_______________________, 2018
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final
adoption.
3
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2018, the City Commission of
the City of Muskegon amended Chapter 82, Article II of the Muskegon City Code,
summarized as follows:
1. Section 82-51 is amended to provide that the combination of the
service charge, which means the payment in lieu of taxes, and the essential
services fee shall be not less than 2% nor more than 20% of the contract rents
charged for the total of all units in the project, whether the units are occupied or
not and whether or not the rents are paid.
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 (10) days from the date of this
publication.
Published: _________________, 2018 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
4
Commission Meeting Date:
Date: December 6, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Second Amendment to Contract for Housing Exemption – Nelson
Place
SUMMARY OF REQUEST:
The City granted a PILOT to the developer on March 26, 1996 and executed the first
amendment to the Contract for Housing Exemption on March 11, 2014. The developer has
now decided to refinance the building and this amendment is necessary to insure the
continued operation of the project. The current PILOT, which expires in 2029, mandates
that the developer pay 4% of the total of the contract rents to the City. The developer is
requesting to extend the PILOT until 2036. The developer has agreed to amend the PILOT
to pay 2% of the total of the contract rents and a 2% essential services fee from now until
2029 and then 2% of the total of the contract rents and a 4% essential services fee from
2030 until 2036.
FINANCIAL IMPACT:
The City will gain increased revenue from increased essential services fees.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the second amendment to the contract for housing exemption and development
agreement.
COMMITTEE RECOMMENDATION:
None
12/6/2018
DEVELOPMENT AGREEMENT
This Agreement between NELSON PLACE LIMITED DIVIDEND HOUSING
ASSOCIATION, a Michigan limited partnership (the "Developer") and CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, Michigan (the "City") is made pursuant to the
following terms:
RECITALS
A. Concurrent with this Agreement, Developer and City have entered into a Second
Amendment to Contract for Housing Exemption (the "Exemption Agreement"), an executed copy
of which is attached hereto as Exhibit 1, for the operation of a low-income housing project for
families, known as the Nelson Place Apartments located at 350 Houston Avenue, Muskegon MI
(the "Development"); and
B. The City has granted an exemption from all ad valorem property taxes for the
affordable housing units within the Development; and
C. In addition to the terms of the Exemption Agreement regarding the Development's
tax exempt status, the parties wish to memorialize additional details herein.
Now, therefore, for good and valuable consideration, the parties agree as follows:
1. In addition to imposition of the minimum service charge of two percent (2%) of
contract rents, as outlined in the Exemption Agreement, Developer shall pay to the City an
essential services fee of two percent (2%) of contract rents, for the provision of essential services
such as police and fire protection, pursuant to the same timeline as that of the service charge
through 2029 and pay an essential service fee of four percent (4%) of contract rents thereafter
through 2036.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates indicated
below.
CITY OF MUSKEGON
Dated: December ______, 2018 By: ___________________________________
Name: Stephen J. Gawron, Mayor
Dated: December ______, 2018 By: ___________________________________
Name: Ann Meisch, City Clerk
NELSON PLACE LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED
PARTNERSHIP, a Michigan limited partnership
By: Hollander Development Corporation, a
Michigan Corporation, Its General Partner
By: ___________________________________
Name: Joseph Hollander
Its: Vice President
K:\Karen\Hollander Development Corp\Nelson Place LDHALP\PILOT\Development Agreement - Nelson Place 113018.docx
CITY OF MUSKEGON
SECOND AMENDMENT TO CONTRACT FOR HOUSING EXEMPTION
This agreement between Nelson Place Limited Dividend Housing Association Limited
Partnership ("Developer") and City of Muskegon, 933 Terrace, Muskegon, Michigan ("City")
has entered into pursuant to the following terms:
Recitals
A. Developer and City executed a contract for housing exemption dated March 26,
1996.
B. Developer and City executed a First Amendment to Contract for Housing Exemption
on March 11, 2014.
C. Developer has decided to refinance Nelson Place. The existing Fannie Mae loan and
mortgage will be paid off, but the existing low income housing tax credits limitations will remain in
place.
D. In order to insure viable continued operation of the low income elderly housing
project, and to assist development in this area, City and Developer recognize that a second
amendment to the original contract is necessary.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Paragraph 3.1 of the Contract for Housing Exemption shall be revised to read as
follows:
3.1 Payment in lieu of taxes shall be required of this Project in the amount of two
percent (2%) of the total of the contract rents which are charged all living units, (whether
occupied or not), located in that portion of the project which would be exempt. The
required payment shall constitute a lien on the property, enforceable in the same manner
as general property taxes. The required payment shall not exceed the taxes that would be
paid but for the Act.
2. Paragraph 4 of the Contract for Housing Exemption shall be revised to read as
follows:
4. Term. The exemption may be terminated by City upon the occurrence of the first
of the following events:
a. December 30, 2036;
b. The Sponsor fails to qualify pursuant to Section 15a of the Act;
c. Nelson Place is no longer utilized as a low income elderly housing project;
d. Any material violation or default under Section 82-55 of the City of
Muskegon Ordinances if not cured within 90 days after written notice to
the Sponsor and the Authority;
The parties further acknowledge and agree that the payment in full of the existing 2014
promissory note and mortgage involving the Michigan State Housing Development
Authority does not trigger a default of the Contract for Housing Exemption or this
Second Amendment to the Contract for Housing Exemption.
3. As to all other respects, the Contract for Housing Exemption shall continue in
force as if restated herein.
The remainder of this page is intentionally left blank.
This Second Amendment to the Contract for Housing Exemption became
effective upon refinancing between December ____, 2018 and February 28, 2019.
CITY OF MUSKEGON
Dated: December _____, 2018 By: _______________________________
Name: Stephen J. Gawron, Mayor
Dated: December _____, 2018 By: _____________________________
Name: Ann Meisch, City Clerk
Nelson Place Limited Dividend Housing
Association Limited Partnership
Dated: December ____, 2018 By: Hollander Development Corporation
Its: General Partner
By: ________________________________
Name: Joseph Hollander
Its: Vice President
K:\Karen\Hollander Development Corp\Nelson Place LDHALP\PILOT\Second Amendment to Contract for Housing Exemption 2018 rev 120318.docx
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: December 4, 2018
RE: 2019 Salary Schedule and Fringe Benefits for Non-Represented Employees
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 2019 as follows:
Increase base wages by 1.50%
Increase Residency Incentive by 1.00% (to a total of 4% effective 1/1/19)
Increase Employer 457 Match from $77 per pay period to $115 per pay period
FINANCIAL IMPACT:
The changes will cost approximately $38,436 for FY 2018-19.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve and adopt the proposed salary schedules for non-represented employees for 2019.
COMMITTEE
RECOMMENDATION: None.
CITY OF MUSKEGON
2019 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $10.00 as of January 1, 2018
JOB TITLE STEP 1 STEP2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 Min. Min + .50 Min + $1
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
GRADE 2 11.00 11.50 12.00 12.50
BUILDING FACILITY CARETAKER
SCHOOL CROSSING GUARD
GRADE 3 10.00 11.00 12.00 13.00 14.00 15.00 16.00
INTERN, EXCLUDING PARK INTERN
GRADE 4 11.00 11.50 12.00 12.50
MARINA AIDE
PARK RANGER
GRADE 5 11.50 12.00 12.50 13.00 13.50 14.00
FACILITY SUPERVISOR I
BEACH/PARK RANGERS (PUBLIC SAFETY)
GRADE 6 12.50 13.00 13.50 14.00 14.50 15.50 16.50
FACILITY SUPERVISOR II
ASSISTANT HARBOR MASTER
GRADE 7 12.00 12.50 13.00 14.00 15.00 16.00 17.00
PARK INTERN
GRADE 7 A 12.50 13.00 14.00 15.00 16.00 17.00 18.00
HARBOR MASTER
GRADE 7 B 14.7 15.23 15.75
POLICE RECRUIT
START 500 HRS 1,000 HRS SERVICE
GRADE 8
BOARD OF CANVASSERS $65.00 per day
BOARD OF REVIEW $75.00 per day
RECEIVING BOARD $60.00 per day
ELECTION WORKERS (INSPECTORS)$10.50 per hour
ELECTION WORKER CHAIRPERSON $13.00 per hour
ELECTION WORKER CO-CHAIRPERSON
$12.00 per hour
GRADE 9 A 15.00 15.38 15.76 16.15 16.56 16.97 17.40
EVENT SECURITY MANAGER
GRADE 9 B 19.30 20.27 21.28 22.34 23.56
PART TIME POLICE OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
2109 NON‐UNION SALARY SCHEDULE
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11
RANGE A $ 90,184.96 $ 93,142.97 $ 96,100.98 $ 99,058.99 $ 102,017.00 $ 104,975.01 $ 107,933.02 $ 110,891.03 $ 113,849.04 $ 116,807.05 $ 119,765.06
RANGE B $ 85,890.44 $ 88,707.59 $ 91,524.75 $ 94,340.84 $ 97,158.00 $ 99,976.21 $ 102,780.69 $ 105,609.46 $ 108,426.61 $ 111,243.76 $ 114,061.97
RANGE C $ 80,358.85 $ 81,997.06 $ 83,635.27 $ 85,273.48 $ 86,911.69 $ 88,549.90 $ 90,188.11 $ 91,826.32 $ 93,464.53 $ 95,102.75 $ 96,740.96
RANGE D $ 74,103.59 $ 75,958.48 $ 77,813.36 $ 79,668.25 $ 81,523.14 $ 83,378.02 $ 85,232.91 $ 87,087.79 $ 88,942.68 $ 90,797.57 $ 92,652.45
RANGE E $ 62,286.75 $ 64,317.25 $ 66,347.76 $ 68,379.32 $ 70,408.77 $ 72,439.27 $ 74,469.78 $ 76,499.23 $ 78,531.84 $ 80,562.35 $ 82,591.79
RANGE F $ 58,033.71 $ 59,994.17 $ 61,954.62 $ 63,915.08 $ 65,875.53 $ 67,835.99 $ 69,796.45 $ 71,756.90 $ 73,717.36 $ 75,677.81 $ 77,638.27
RANGE G $ 50,549.92 $ 52,225.19 $ 53,900.46 $ 55,575.73 $ 57,251.00 $ 58,926.27 $ 60,601.54 $ 62,276.81 $ 63,952.08 $ 65,627.35 $ 67,302.65
RANGE H $ 43,066.12 $ 44,455.69 $ 45,845.26 $ 47,236.94 $ 48,626.51 $ 50,016.08 $ 51,404.60 $ 52,822.96 $ 54,185.85 $ 55,577.53 $ 56,967.10
RANGE I $ 38,111.82 $ 39,335.61 $ 40,559.40 $ 41,786.36 $ 43,010.16 $ 44,235.01 $ 45,458.80 $ 46,683.65 $ 47,908.50 $ 49,133.35 $ 50,358.20
RANGE J $ 33,779.20 $ 34,792.58 $ 35,836.35 $ 36,911.44 $ 38,018.78 $ 36,114.35 $ 40,334.07 $ 41,544.15 $ 42,790.48 $ 44,074.19 $ 45,396.42
CITY COMMISSION MEETING – DECEMBER 11, 2018
TO: Honorable Mayor & City Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
DATE: December 04, 2018
SUBJECT: Towing Contract
SUMMARY OF REQUEST:
Proposals have been accepted for the towing contract with the City of Muskegon.
This contract will go into effect on January 14, 2019. Proposals were submitted by
the following companies:
1. Eagle Towing, 2844 S Mill Iron Rd, Muskegon, MI 49444
2. Ramos Towing, 710 Alberta, Muskegon, MI 49441
3. Reliable Towing Services, Inc, 1288 Ninth St, Muskegon, MI 49440
All bids have been reviewed in their entirety for services offered. The City of Muskegon
has determined the towing bid will be awarded to Ramos Towing.
*See all supporting document/attachments to support recommendation.
FINAN1CAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
The Director of Public Safety recommends the Commission consider selecting Ramos
Towing Services for a three (3) year towing contract to provide needed towing services
listed in the contract.
Page | 1
TOWING AGREEMENT
This Towing Agreement is made on______________:
between the City of Muskegon, Michigan Municipal Corporation, with
offices at 933 Terrace Street, Muskegon, Michigan 49440 ("City"), and
Ramos Towing, with offices at 2444 S. Getty Street, Muskegon, MI,
("Contractor").
Recitals
A. Contractor operates a vehicle towing service,
impound service and facility licensed by the State of Michigan;
and,
B. City desires to retain Contractor to operate a vehicle
towing service, impoundment service and facility pursuant to the
terms and conditions of this Agreement.
Therefore, the parties mutually agree as follows:
1. Retention of Contractor. City retains Contractor as an
independent contractor to operate a towing and wrecker service and
impoundment facility for the storage of certain motor vehicles for the
City pursuant to the terms and conditions of this Agreement. City
agrees to exclusively utilize Contractor's towing and wrecker service
and impoundment facility, providing the owner/operator of said motor
vehicle does not expressly select some other alternative and
reasonable provider of said services. Notwithstanding the foregoing,
City may call another towing company if Contractor does not respond in
a timely manner or does not provide adequate equipment necessary to
provide the services as provided by this Agreement. The City reserves
the right to hire specialized equipment outside the scope of this
Agreement when needed, i.e., mobile cranes, or other heavy
equipment which might be needed for special situations. The parties
specifically agree that all fees, charges and expenses incurred by
Contractor in performance of this Agreement are not City's obligation,
and all collection attempts will be directed to the owner/operator of the
subject motor vehicle.
2. Term. The term of this Agreement will commence on
January 14, 2019 and will continue until January 13, 2021, unless
earlier terminated by City pursuant to Section 10. City will have the
unilateral option to extend this Agreement for two additional one-year
terms under the same terms and conditions of this Agreement if, in
City's sole discretion, the extension is in the City's best interest. This
Page 1
extension will be exercised by the City providing written notice to
Contractor at least 60 days prior to the termination date.
3. Duties of Contractor. Contractor will operate a vehicle
towing service, impound service and facility seven days a week, 24
hours a day, in such a manner that Contractor can be reached by
telephone at all times by Muskegon Central Dispatch, the Muskegon
Police Department, and the Muskegon Department of Public Works.
Contractor will tow and/or store all motor vehicles, including tractors
and trailers, directed to be towed and/or stored by the City’s agents
and employees.
a. Equipment. At all times during the term of this Agreement,
Contractor will own and keep in good operating condition the following
equipment:
i. FCC licensed radio dispatched wreckers;
ii. Set of dollies;
111. Equipment for changing tires, air tanks for inflating tires,
tools for lock-outs;
iv. Booster battery or cables for starting cars or trucks;
v. Fire extinguishers, flares;
vi. Extra chains, pry bar, broom and shovel, bucket, oil dry;
vii. Two standard wreckers fully equipped as specified herein
and one large heavy-duty wrecker capable of handling
trucks, trailers, semi-trailers, and other large vehicles, up to
a gross weight of 50 tons;
viii. Power winch on each unit set forth in (vii) above; and,
ix. Gross vehicle weight per wrecker unit rating of not less than
8,000 pounds, and the manufacturer's specifications for
rated capacity of at least one ton.
x. Wrecker for 50 ton vehicles (or sub contracted for this
equipment)
All equipment must be maintained in good working order to safely
perform the service required by this Agreement, and conform to the
standards, requirements and regulations mandated by federal, state, county
Page 2
and City agencies.
All towing vehicles will be equipped with communication devices
capable of covering all of the territory within the City limits and its immediate
bordering jurisdictions and will be subject to periodic inspections by the City
regarding their mechanical condition.
Contractor will keep the City informed of the number of tow trucks it
has available for use in the performance of this Agreement, including the
year, make, model, and capacity. This information must be supplied to the
Director of Public Safety.
Contractor will display the company name and phone number
prominently on each of its vehicles used in accordance with this Agreement.
b. Facility. At all times during the term of this Agreement,
Contractor's towing and impound service facility must:
i. be located within Muskegon County;
ii. contain a heated, secure building;
iii. have a fenced area able to accommodate up to 75 vehicles;
iv. comply with the laws of Michigan and the City of Muskegon;
v. have prominently posted a list of towing and storage
charges, hours of operation as approved by the City,
as well as the Contractor's business telephone
number; and,
vi. be maintained in a clean and presentable condition.
c. Fees. At all times during the term of this Agreement,
Contractor will abide by the table of fees attached to Contractor's bid
documents, which is incorporated herein and made a part hereof as
Appendix A. Any customer service, including accidents, impounds or
private tows, received through a request of the City, will be invoiced
according to this fee schedule. Notwithstanding the foregoing, if a vehicle is
impounded for evidence, contractor agrees that all storage fees will cease
and tow fees in certain exigent circumstances relating to victims may be
waived at the sole discretion of the Director of Public Safety.
During the term of this Agreement, Contractor may not increase its
fees except upon prior approval granted by the Muskegon City Commission,
following review and recommendation by the Muskegon Police Department
and/or Department of Public Works.
Page 3
Contractor will charge only for equipment actually needed and
requested by City at the scene.
City reserves the right to cancel a request for services of the
Contractor at any time, including up to the time of hook up, without either
the City or owner or operator incurring any charges. If the owner of the
vehicle arrives on scene before the vehicle is towed, and the vehicle can
be safely moved by the owner in the opinion of the police officer in charge
at the scene, no charges will be incurred and the vehicle will be released
to the owner.
Contractor will not charge storage fees for any day Contractor is closed
to the general public. Contractor will not charge storage fees for the first 24
hours of storage.
d. Personnel Qualifications. Contractor will maintain adequate
staffing in order to insure proper and timely response to any and all police
requirements for impounding vehicles. Contractor will provide the City with a
list of the names and addresses of all current operators/drivers and will notify
the City of all changes in operators/drivers. Every operator/driver will:
i. be competent by reason of demonstrated experience or
training, in the sole judgment of the City, to safely operate the type of
tow truck used by the impound service;
ii. possess the ability to rig, move, pick up and transport
vehicles without increasing the original damage, insofar as possible;
iii. be free from the influence of alcoholic beverages,
narcotics, or dangerous drugs while on duty;
iv. be familiar with the ordinances, rules and regulations
pertaining to tow trucks; and,
v. be licensed as provided by applicable federal, state and
local Jaws and ordinances.
e. Expenses. Contractor will be solely responsible for all
expenses incurred by Contractor, its agents and employees, in connection
with the performance of this Agreement.
f. Auctions. Contractor will be responsible for the holding of public
auctions for abandoned vehicles, furnishing all documentation attendant to
any sale at said auction, paying for the auctioneer, and paying for the public
notice advertised in the local daily newspaper. Contractor agrees to hold said
Page 4
auctions under the supervision of the Muskegon Police Department. Auctions
will be conducted based on the number of vehicles held, but not less than
once per calendar quarter. If no bids are received at the auction, Contractor
will become the owner of the vehicle or group of vehicles and will be
responsible for disposal. Public auctions will comply with State law.
Contractor shall be responsible for $55 city fee for each impounded vehicle
sold at auction.
g. Storage of Vehicles. All vehicles impounded will be stored in a
storage lot or building which is fenced with all gates securely locked and a
responsible person in charge of the business 24 hours a day that may be
called to respond to the lot by someone from the City. Vehicles stored in the
building or storage yard will be parked so as to allow one foot of space
between vehicles. Storage charges will not be assessed for the first 24 hours
of storage.
h. Release of Vehicles. The owner of an impounded vehicle or
authorized representative of the owner will be required to have a signed
approval by the City's Police Department prior to the vehicle being released.
Whenever impounded vehicles are claimed by the owner, Contractor will provide
the owner with an itemized statement of all charges relating to impounding the
vehicle, including a written justification for fees over and above the standard towing
fee. Contractor will make every reasonable effort to verify that the individual
claiming a stored vehicle is the actual owner or authorized representative of the
owner before the vehicle is released.
i. Hours of Operation. Contractor will be available and capable of
providing towing services 24 hours a day on each and every day (365 days a year)
during the term of this Agreement. Contractor will be open to the general public from
8:00 am through 5:00 pm, Monday through Friday, on each and every week during the
term of this Agreement to release motor vehicles to their rightful owners. No storage
fees may be charged by Contractor for any day that the business is closed to the
general public.
j. Services. Contractor will have a tow truck at the scene in a timely
manner to tow vehicles as requested by the City. Furthermore, Contractor will
clean up accident debris from the street upon response to accident scenes. If
clean-up is requested and towing is not required there will be no clean-up charge to
the City. Clean-up will be deemed completed when inspected and approved by the
City official in charge at the scene. If Contractor does not arrive at the requested
location within 25 minutes, the police officer or City employee may have the vehicle
towed to Contractor's yard at Contractor's expense, and Contractor will accept the
vehicle for storage.
At the towing scene, or upon reasonable dispatch thereafter, Contractor
must provide the owner or operator of the motor vehicle with a written list
itemizing towing fees, storage rates and other expenses. Additionally, Contractor
Page 5
must advise in writing the owner/operator of the right to remove any and all
unattached personal property from the motor vehicle at the impoundment yard.
k. Driving of Vehicles. Neither Contractor nor any of its employees
and/or agents will at any time drive or remove from the premises any motor
vehicles placed with Contractor for storage purposes, except with the written
permission of the owner of the motor vehicle or by operation of law.
I. Recommendation of Repair or Collision Shop. Under no
circumstances will Contractor recommend a repair or collision shop to the vehicle
owner/operator.
4. Recordkeeping and Documentation. Contractor will maintain all
required records and complete all necessary forms for the state of Michigan,
Muskegon Police Department, and the Muskegon Department of Public Works.
Contractor will maintain all records relating to the disposition of impounded vehicles
for a period not less than four years, and the City will have the right to inspect, copy
and audit these records during any business hours.
a. Invoices. A written or computerized record or invoice will be
kept by Contractor and include the following information for each vehicle:
i. Vehicle identification number;
ii. Gross vehicle weight rating;
m. Year, make, and model of vehicle;
iv. Name of owner of vehicle;
v. Details of all services rendered regarding vehicle;
vi. Location from which the vehicle was towed or impounded;
vii. Mileage of the vehicle; and,
viii. Any other information the City may require.
These records will be maintained and kept throughout the term of this
Agreement (plus one year following the termination of this Agreement) and
will be made available to the City for inspection upon request.
b. Monthly Audit. A monthly audit will be conducted by
Contractor of all vehicles impounded, including the reason the vehicle was
impounded. The audit will be submitted to the City's Police Department by
the fifteenth day of the following month. Any invoice for special equipment
or added services which exceed the standard towing fees will be
Page 6
specifically itemized and contain written justification for such additional
fees.
5. Independent Contractor. Contractor is an independent contractor
and not an employee of the City. Neither the Contractor, nor the Contractor's
employees or subcontractors, will be entitled to any or additional insurance,
health, retirement or similar benefits which are or may become available to City
employees, as a result of this Agreement. In addition, current or future City
employees or agents will not be construed or considered to be employees or
agents of Contractor.
6. Taxes. Contractor will be solely responsible for the payment and
withholding of any and all taxes, levies and assessments under any federal, state
or local law and will provide for the payment of taxes on or for income,
unemployment, old age, social security, workman's compensation, or any other
taxes with respect to the Contractor, the Contractor's employees or
subcontractors in connection with the work performed pursuant to this
Agreement.
7. Insurance.
a. Liability Insurance. During the term of this Agreement,
Contractor must maintain comprehensive general liability insurance and
vehicle liability insurance, including coverage of all operations as a towing
service and name the City as co-insured in at least the following amounts:
i. Comprehensive general liability insurance in an
amount not less than $1,000,000 for each occurrence;
ii. Vehicle liability insurance in an amount no less than
$1,000,000 for each occurrence;
iii. An umbrella policy for liability insurance covering any
and all of such risks in an amount not less than $1,000,000; and,
iii. A garage keeper’s insurance policy in the amount of not
less than $250,000.
Contractor will provide City with copies of these insurance policies.
b. Worker's Compensation Insurance. During the term of this
Agreement Contractor must maintain in full force and effect, workers
compensation insurance with limits established under state law, and
provide City with a copy of the appropriate certificate evidencing same.
Page 7
8. Warranty. Contractor warrants and represents that it is familiar
with the towing and impoundment requirements of the City and is capable of
rendering all services as required in this Agreement. Contractor acknowledges
that it has made a thorough independent investigation as to its undertakings
under this Agreement and as to the actual conditions and requirements of the
work and the amount of work to be done.
Contractor acknowledges that the City has not made and does not make
any warranties or representations with respect to the City's obligations set forth
in this Agreement except as provided in this Agreement.
9. City Inspections. Contractor will allow members of the City of
Muskegon Police Department or other authorized City representatives to inspect
the Contractor's lot or building, stored vehicles, office or other buildings and
records relative to this Agreement whenever it is deemed necessary by the City.
City reserves the right to conduct an audit at least twice a year of all bills and
records relative to this Agreement. Contractor agrees to provide access to the
records for inspection by the City and its auditors.
10. Cancellation of Agreement. This Agreement may be canceled
by City upon two days written notice, delivered by hand or sent by ordinary mail
addressed to the Contractor at Contractor's address provided in this
Agreement. This Agreement may be cancelled, if, in the sole judgment of the
City's Director of Public Safety, the Contractor has not performed according to
the terms of this Contract.
This Agreement may be canceled by the Contractor upon 60 days written
notice to City's Director of Public Safety.
11. Indemnification. Except as otherwise provided in this Section, City
and its elected officials, appointed officials, employees and agents (collectively
hereinafter referred to as the "Indemnified Persons"), will not be liable to
Contractor for any reasons. Contractor will indemnify and hold City and the
Indemnified Persons harmless from any loss, expenses, or liability of any nature
(including attorneys' fees) due to any and all suits, demands, actions, legal or
administrative proceedings or claims arising or resulting from or in connection
with:
a. Any act or failure to act including negligence or
misrepresentation by the City or any Indemnified Person, whether
attributable to the City or Contractor in connection with or resulting from
this Agreement, the operations of Contractor, or any other activity;
provided however, that Contractor will not be obligated to indemnify the
City or any Indemnified Person under this Section including costs and
counsel fees if a court of competent jurisdiction finds that the liability in
question was caused by the intentional misconduct or gross negligence of
the City and any Indemnified Person unless the court determines that,
Page 8
despite the adjudication of liability but in view of all circumstances of the
case, the City or any Indemnified Person is fairly and reasonably entitled to
indemnification which the court considers proper; and/or
b. The negligent performance by Contractor or its agents,
employees, or officers of any work purportedly authorized to be
performed under this Agreement; and/or
c. Any loss or damage connected to or resulting from any work
performed or authorized to be performed under this Agreement; and/or
d. Any injury or damage to any person or property arising
out of this Agreement or the Contractor's performance of this
Agreement.
If any action or proceeding is brought against the City or any Indemnified
Person, connected to or resulting from any work performed or authorized to be
performed under this Agreement, that action or proceeding will be defended by
counsel to the City or the Contractor as City will determine. If the defense is by
counsel to the City, the City will pay the costs of that defense including its
counsel fees. If the City determines that the Contractor will defend the City or
an Indemnified Person, the Contractor will immediately assume the defense at
its sole costs.
The Contractor and the City agree to act cooperatively in the defense of
any action brought against the City and the Contractor to the greatest extent
possible. The City agrees that it will not settle any action or proceeding against
it without prior written consent of the Contractor, unless the City has provided
written notice to the Contractor of its decision to waive any right to
indemnification for the proposed settlement (including any costs, expenses or
counsel fee associated therewith).
Contractor will also indemnify City for all costs and expenses, including
reasonable counsel fees, incurred in enforcing any obligation of the
Contractor under this Agreement.
12. Non-Discrimination. Contractor covenants not to discriminate on
the basis of race, color, religion, or national origin against any employee or
applicant for employment to be employed in the performance of this Agreement
with respect to his/her hire, compensation, tenure, terms, conditions or privileges
of employment, and Contractor further covenants not to so discriminate against
any other person using or attempting to use the facility and services described in
this Agreement. Further, Contractor covenants to require similar covenants on
the part of any sub-contractor(s) or agent(s) employed in the performance of this
Agreement. Contractor will furnish his services on a fair, equal, and non-
Page 9
discriminatory basis to all users.
13. Prevention and Satisfaction of Liens. Contractor agrees not to
file, assert, prosecute, and will not allow construction, mechanic's or material
men's liens to be filed or continued against any City property for services
performed, or for materials, machine1y or equipment furnished in connection
with the work to be performed by Contractor or by Contractor's sub-contractors.
If any such lien is nevertheless filed, Contractor agrees, at Contractor's
expense, to take any and all steps necessary and proper for the release,
satisfaction and discharge of said lien.
14. Permits and Licensing. Contractor agrees to comply with all
federal, state and local laws, ordinances, rules regulations and requirements that
are now, or may in the future become, applicable to Contractor's business or
equipment for the work to be performed pursuant to this Agreement. Contractor
will provide employees who possess a Commercial Driver’s License with the
appropriate designation with providing service under this Agreement. It is
Contractor's responsibility to provide services in compliance with the Americans'
Disabilities Act. Contract will also meet the requirements of the Michigan
Commercial Driver’s License Standards, Federal Drug Free Workplace Act, the
Elliott-Larson Act, the Michigan Civil Rights Act, and any other applicable
employee related legislation.
15. State of Michigan Abandoned Vehicle Fee. Contractor agrees
not to charge a customer the State of Michigan abandoned vehicle fee until the
customer's vehicle is entered into the LEIN system as an abandoned vehicle. If
Contractor fails to comply with this Section, then Contractor agrees to fully
reimburse the customer, and pay City two times the amount of the abandoned
vehicle fee (currently $40-so, Contractor would pay City $80 per occurrence).
Contractor shall abide by state law and pay the required abandon vehicle fees to
the Michigan Secretary of State.
16. Default. It is expressly agreed between the parties that if the
impoundment or storage facilities described in this Agreement are vacated,
abandoned or not maintained or operated in accordance with this Agreement, or
if Contractor attempts to sell, convey or assign this Agreement, or if Contractor
fails to provide notices in a timely and proper manner in accordance with Public
Act 1981, No. 104 as amended, or if Contractor defaults in any of the terms of
this Agreement, or if Contractor fails to comply with any statutes, ordinances,
rules, orders, regulations, or requirements of the federal, state and/or City
government or of any and all of their departments and bureaus applicable to the
premises and operations described in this Agreement, or if the Contractor files a
petition in bankruptcy or be adjudicated as bankrupt, or make an assignment for
the benefit of creditors, or take advantage of any insolvency act, City may elect
to terminate this Agreement immediately and, if City elects to terminate this
Page 10
Agreement because of the violation of this paragraph, upon such termination
Contractor will compensate City for the loss suffered by reason of the
termination and the default hereunder.
17. Right to Control. Contractor agrees to perform and supervise all
work under this Agreement efficiently and in accordance with the highest
standards of the industry. Contractor will be solely responsible for the means,
methods, techniques, sequences and procedures for completing the work.
18. Miscellaneous.
a. Sale or Assignment. This Agreement may not be
assigned or sub- contracted without the City's prior written consent.
Contractor's owner(s) agree not to sell or assign their interest, including
their stock, membership interest, or assets in Contractor without City's
prior written consent.
b. Validity. The invalidity of any portion of this Agreement will
not affect the remainder of the Agreement, unless the City so elects.
Unless the City elects otherwise, if any terms of this Agreement shall be
held invalid, illegal, or unenforceable in whole or in part, the validity of the
other terms of this Agreement shall not be affected and shall remain in
full force and effect.
c. Governing Law. This Agreement will be governed by the
laws of the State of Michigan.
d. Entire Agreement. This Agreement represents the entire
and integrated Agreement between the City and Contractor and
supersedes all prior negotiations, representations or agreements, either
written or oral.
e. Amendments. All amendments to this Agreement must
be made in writing and signed by City and by Contractor.
The parties have signed this Agreement the date first above set forth.
Page 11
City of Muskegon, a Michigan Municipal Corporation
By___________________________________________
Its Mayor
Contractor – Ramos Towing
By________________________________________
Its Owner
Page 12
Commission Meeting Date: December 11, 2018
Date: November 28, 2018
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale: City-Owned Home at 1025 E Forest
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction with Breann Crandall for the rehabilitated home at 1025 E Forest
Avenue: purchase price $71,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of affordable homes through the HOME program and provide
funding for our Homebuyer’s Assistance Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
HUD PROPERTY AT 1025 E FOREST AVE
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of the property at 1025 E Forest Avenue to Breann
Crandall. This home has been rehabilitated by Community and
Neighborhood Services Department through the Home-Buyer Program.
Adopted this 11th of December, 2018.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Meisch, MMC City Clerk
AM_Resolution
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: August 7, 2018
RE: Purchase Agreement - 880 First
SUMMARY OF REQUEST:
City staff is seeking permission to extend the purchase agreement with Core Development for 60
additional days. The purchase agreement would expire January 31, 2019.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the city manager to sign a 60 day extension to the existing purchase agreement for 880 First
Street.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: December 11, 2018
Date: December 5, 2018
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Request to Deny & Accept Properties that did not
Sell During the Tax sale for 2018
SUMMARY OF REQUEST:
The County of Muskegon held two delinquent tax auctions during 2018. There were fourty-
four 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, the City
Manager, Planning, and Community & Neighborhood Services have gone over the parcels
to determine which ones to accept.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To deny and accept certain parcels and authorize both the Mayor and the Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
None.
Resolution No. 2018-_____
MUSKEGON CITY COMMISSION
RESOLUTION TO DENY ACCEPTANCE OF TAX REVERTED PROPERTY FROM THE
COUNTY TREASURER.
WHEREAS, The City may not accept the properties available under the urban homestead act,
1999 PA 127, MCL 125.2701 to 125.2709, PA 123 of 1999, MCL 211.78M(6) or for any other
lawful purpose, and;
WHEREAS, the City of Muskegon does not want to acquire twenty-four parcels;
WHEREAS, the City of Muskegon will accept the remaining twenty parcels;
WHEREAS, the City of Muskegon also will not accept any other parcel that was not on the list
of forty-four parcels (should something be discovered that is not already listed below);
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon shall not accept twenty-
four parcels that were remaining from the tax sale but will accept the remaining twenty parcels.
Legal Descriptions that will Not be Accepted are as Follows:
1- Parcel # 24-205-048-0001-00
Address: 531 Oak Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOTS 1 AND 15
BLK 48
2-Parcel # 24-205-050-0016-10
Address: 704 Amity Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 LOT 16 BLK 50
3-Parcel # 24-205-215-0002-00
Address: 171 Allen Ave.
Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 2 BLK 215
4-Parcel # 24-205-215-0003-00
Address: 157 Allen Ave.
Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 3 BLK 215
5-Parcel # 24-205-267-0012-00
Address: 267 Catawba Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WLY 27 FT LOT 12
BLK 267
6-Parcel # 24-205-272-0008-00
Address: 1460 Hoyt St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 272
7-Parcel # 24-205-281-0001-00
Address: 1516 Hoyt St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 90 1/4 FT LOT 1
BLK 281
8-Parcel # 24-205-282-0002-00
Address: 1526 Terrace St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 282
9 – Parcel # 24-205-337-0007-10
Address: 1194 6th
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 43 1/2 FT OF SLY
91 FT LOT 7 BLK 337
10-Parcel # 24-205-376-0001-10
Address: 1303 6th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 45 FT LOT 1 BLK
376
11-Parcel # 24-205-384-0007-20
Address: 1259 Sanford St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 42 2/3 FT OF E 94
FT LOT 7 BLK 384
12-Parcel # 24-205-384-0011-00
Address: 1221 Sanford St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 11 BLK 384
13-Parcel # 24-205-390-0005-00
Address: 357 Mason Ave.
Description: CITY OF MUSKEGON REVISED OF PLAT 1903 LOT 5 BLK 390
14-Parcel # 24-205-394-0001-00
Address: 1280 Sanford St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 98 FT LOT 1 BLK
394
15-Parcel # 24-205-406-0009-00
Address: 7th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 BLOCK 406 LOT 9
16-Parcel # 24-205-407-0008-10
Address: 376 W Grand Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 100.6 FT LOT 8 BLK
407
17-Parcel # 24-205-419-0007-10
Address: 340 W Southern Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 56.6 FT LOT 7 BLK
419
18-Parcel # 24-205-426-0005-00
Address: 1592 5th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 426
19-Parcel # 24-205-478-0014-00
Address: 900 W Grand Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 46 FT LOT 14 BLK
478
20-Parcel # 24-205-480-0005-00
Address: 1075 Washington Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 480
21-Parcel # 24-205-486-0018-10
Address: 1507 Division St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 1/2 LOT 18 BLK 486
EXC W 16 FT
22-Parcel # 24-215-001-0007-00
Address: 1844 S Getty St.
Description: CITY OF MUSKEGON CONTINENTAL ADD S 31 FT LOT 7 BLK 1
23-Parcel # 24-595-000-0019-00
Address: 910 Turner Ave.
Description: CITY OF MUSKEGON MELLEMA SUB DIVISION LOT 19
24-Parcel # 24-880-000-0004-00
Address: 1826 Ray St.
Description: CITY OF MUSKEGON WESTERMANS SUB DIV LOT 9 R P EASTONS
SUB DIV PRT SECS 29 & 32 T10N R16W LOT 4
Legal Descriptions that Will be Accepted are as Follows:
1-Parcel # 24-036-300-0007-00
Address: 1394 Glen Ave.
Description: CITY OF MUSKEGON SEC 36 T10N R17W THAT PT OF E 1/2 OF NE
1/4 OF SW 1/4 LYING N OF RUDDIMAN CREEK & S OF A LN DESC AS COM @
A PT ON N & S 1/4 LN SEC 36 1172.6 FT S OF CENTER SD SEC RUNNING TH N
66D 13M W TO W LN SD E 1/2 OF NE 1/4 OF SW 1/4.
2-Parcel # 24-205-024-0001-00
Address: 417 Jackson Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLKS 24 25
26 ALSO BLK 27 EX LOTS 6 & 7.
3-Parcel # 24-205-040-0004-20
Address: 638 Oak Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 49 1/2 FT OF S 150
FT LOT 4 BLK 40
4-Parcel # 24-205-052-0003-00
Address: 619 Amity Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT(S) 3, 4 & E 1/4
LOT 5 BLK 52
5-Parcel # 24-205-064-0007-00
Address: 602 Ada Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 60 FT LOT 7 & S 10
FT OF ALLEY ABUTTING SAME BLK 64
6- Parcel # 24-205-066-0008-00
Address: 492 Ada Ave.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 66
7-Parcel # 24-205-140-0014-00
Address: 425 Octavius St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLK 140
8-Parcel # 24-205-209-0005-00
Address: 213 Amity Ave.
Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 5 BLK 209
9-Parcel # 24-205-210-0009-00
Address: 280 Allen Ave.
Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 9 BLK 210
10-Parcel # 24-205-245-0002-10
Address: 1194 Pine St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 1/2 LOT 2 BLK 245
11-Parcel # 24-205-247-0009-00
Address: 1077 Sophia St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 EX W 46 FT OF
N 14 FT ALSO LOT 10 EX W 46 FT BLK 247
12-Parcel # 24-205-248-0002-00
Address: Sophia St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 37 FT OF WLY
80 FT 3/8 IN LOT 2 BLK 248 SUBJ TO AN ESMT FOR DRIVEWAY PURPOSES
OVER THE SLY 4 FT OF NLY 37 FT OF WLY 80 FT & 3/8 IN OF SD LOT & BLK
13-Parcel # 24-205-378-0006-20
Address: 1258 5th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 SELY 42 FT LOT 6
BLK 378
14-Parcel # 24-205-407-0011-10
Address: 1457 7th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 2/3 LOT 11 BLK 407
15-Parcel # 24-205-419-0001-10
Address: 345 W Grand Ave.
Description: CITY OF MUSKEGON REVISED PLAT 1903 PART OF LOTS 1 & 2
BLK 419 DESC AS COM @ A PT ON N LN SD LOT 1 46 FT E OF NW COR SD LOT
FOR POB TH E ALG SD LN PAR WITH GRAND AVE A DIST 48 FT TH S PAR
WITH 7TH ST A DIST 99.6 FT TH W PAR WITH GRAND AVE A DIST 48 FT TH N
PAR WITH 7TH ST 99.6 FT TO POB
16-Parcel # 24-205-450-0001-00
Address: 1713 7th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 COM E LN BLK 450
AT POINT 10 FT S OF NE COR LOT 9 FOR POB TH W ALONG CL OF 20 FT VAC
ALLEY 174.35 FT TO POINT IN CL 9 FT E OF E LN LOT 6 SD BLK 450 & 10 FT S
OF NE COR LOT 6 SD BLK 450 (SD VAC ALLEY REFERRED TO: RNG E/W
FROM SEVENTH ST TO E LN LOT 6 BLK 450) TH N ALNG CL OF VAC ALLEY
RNG N/S FROM DALE AVE THRU BLK 450 259.21 FT TO S LN DALE AVE TH E
174.45 FT TO E LN BLK 450 TH S ALNG E LN SD BLK 258.95 FT TO POB -BEING
ALL LOTS 10-14 BLK 450 INCL E 1/2 VAC ALLEY ABUTTING SD LOTS &
N 1/2 OF VAC ALLEY RNG E/W ABUTTING LOT 10 BLK 450 ALSO COM E LN
BLK 450 AT POINT 10 FT S OF NE COR LOT 9 SD BLK FOR POB TH S ALONG E
LN SD LOT 9 & LOT 8 SD BLK & ALONG E LN IF EXTENDED S 110.08 FT TH W
PAR WITH S LN SD BLK 450 186.7 FT TH N PAR WITH E LN SD BLK 450 64.3 FT
TH W 13.25 FT TH N PAR WITH E LN SD BLK 2.15 FT TH W 148.72 FT TO W LN
SD BLK AT A POINT 303.27 FT TO NW COR SD BLK TH N ALNG W LN SD BLK
450 303.27 FT TO NW COR SD BLK 450 TH E ALNG N LN 174345 FT TO CL OF
VAC ALLEY RNG N/S FROM DALE AVE THRU SD BLK 450 TH S ALNG CL SD
ALLEY 259.21 FT TO POINT ON CL VAC ALLEY SD CL BEING 9 FT E OF E LN
LOT 6 SD BLK 450 (SD VAC ALLEY REFERRED TO RNG E/W FROM SEVENTH
ST TO E LN LOT 6 SD BLK 450) TH W 9 FT ALNG CL OF VAC ALLEY TO POINT
10 FT S OF NE COR LOT 6 TH E ALNG CL VAC ALLEY 183.35 FT TO POB-
BEING ALL LOTS 1-6, 8 & PART LOTS 7 & 9 SD BLK 450 & THAT PART VAC
ALLEY LYING S OF LN SITUATED 20 FT S OF N LN LOTS 6 & 9 ALSO BEING
PART OF VAC LARCH AVE & W 1/2 VAC ALLEY E OF LOTS 1-5, PART LOT 6 &
S 1/2 OF E/W VAC ALLEY AS HEREIN ABOVE REFERRED TO SUBJECT TO
EASEMENTS RECORDED 151/472-482
17-Parcel # 24-205-450-0001-50
Address: 1747 7th St.
Description: CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 450
460 & LARCH AVE VAC COM AT NE COR BLK 460 TH N 45.95 FT TH W 186.7 FT
TH N 64.3 FT TH W 13.25 FT TH N 2.15 FT TH W 148.72 FT TO W LINE BLK 450
AT A PT 303.27 FT S OF NW COR SAID BLK TH S TO N LINE GT R/W TH SELY
ALONG SAID R/W TO E LINE BLK 460 TH N TO BEG
18-Parcel # 24-382-000-9998-00
Address: 1400 Glen Ave.
Description: CITY OF MUSKEGON GLENSIDE SUB-DIVISION NO 2 ALL
OUTLOTS H & I LYING NELY OF C/L OF GLENSIDE BLVD AS NOW
EXTENDED & EX LAND LYING W OF A LINE 100 FT ELY OF & PAR TO C/L OF
GLENSIDE BLVD & THAT PART OWNED BY FEDERAL GOVERNMENT
19-Parcel # 24-382-035-0001-00
Address: 1402 Glen Ave.
Description: CITY OF MUSKEGON GLENSIDE SUB-DIVISION #2 BLK 35 EX COM
@ SE COR SAID BLK TH NWLY ON WLY LN 333.12 FT TH NELY ABOUT N 69D
E 109 FT M/L TH SELY ABOUT S 34D 30 MIN E 102 FT M/L TH S 246.23 FT TO
BEG ALSO EX COMM @ SLY MOST COR OF ABOVE DESC PARCEL FOR POB
TH NELY PERPENDICULAR TO GLEN AVE 22 FT TH NWLY 30 FT PARALLEL
TO NLY LINE GLEN AVE TH WLY 34 FT M/L TO A POINT ON NLY LINE OF
GLEN AVE 55 FT NWLY OF POB TH SELY 55 FT TO POB
20-Parcel # 24-611-000-0352-00
Address: 1375 James Ave.
Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOTS 352-353
Adopted this 11th day of December, 2018
Ayes:
Nays:
Absent:
By: _________________________
Stephen Gawron, Mayor
Attest: ________________________
Ann Marie Meisch, MMC
Clerk
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 December 11, 2018.
By: ________________________
Ann Marie Meisch, MMC
Clerk
COMMISSION MEETING DATE December 11, 2018
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Parking Restrictions December 1 – March 1
SECOND READING – Amendments from last meeting are bold
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission approve the changes for Chapter
92, LO7 and LO9 of the ordinance regarding the seasonal parking plan, December 1st, through
March 1st.
1. (LO7) Along or on any unpaved parkway, except where the same is used for a driveway
to enter private or public property. Parking on the terrace (i.e., the area between the
property line and the street) is permitted from December 1 through March 1 on
those streets having allowed parking on only one side of the street and within the
“downtown business areas” as defined below:
2. (LO9) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
a) Parking is allowed on the side of the street with even numbered addresses on
even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
b) Parking is allowed on the side of the street with odd numbered addresses on
odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
c) Parking is allowed on both sides of the street all days between the hours of
5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is allowed
except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business areas
a) Bounded by Shoreline Drive heading easterly from Seventh Street to Spring
Street, heading southerly on Spring Street from Shoreline Drive to Apple
Avenue, heading westerly on Apple Avenue from Spring Street to First
Avenue, heading northerly on First Street from Apple Avenue to Muskegon
Avenue, heading westerly on Muskegon Avenue from First Street to Seventh
1|P a g e
street, and heading northerly on Seventh Street from Muskegon Avenue to
Shoreline Drive; and
b) on Third Street from Merrill Avenue to Muskegon Avenue
parking is allowed except between the hours of 2:00 a.m. and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Parking Restrictions changes to the Code of Ordinances.
2|P a g e
NOT ADVERSION TO BE USED FOR SECOND READINGOPTED
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 92 “Traffic and Vehicles,” Article V “Local Parking Restrictions,” Section 92-71
“Parking Restrictions,” of the Code of Ordinances of the City of Muskegon is amended as
follows:
1. (LO7) Along or on any unpaved parkway, except where the same is used for a driveway
to enter private or public property. Parking on the terrace (i.e., the area between the
property line and the street) is permitted during the winter season from from December
115 through the last day of FebruaryMarch 1 on those streets having allowed parking on
only one side of the street and within the “downtown business areas” as defined below.
2. (LO9) On any street between 2:00 a.m. and 6:00 a.m. during the winter season from
December 15 through the last day of February;
2. (L09) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
a) Parking is allowed on the side of the street with even numbered addresses on
even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
b) Parking is allowed on the side of the street with odd numbered addresses on
odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
c) Parking is allowed on both sides of the street all days between the hours of
5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is allowed
except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business areas
Formatted: Indent: Left: 0"
a) bounded by Shoreline Drive heading easterly from Seventh Street to Spring Formatted: Numbered + Level: 1 + Numbering Style: a, b,
Street, heading southerly on Spring Street from Shoreline Drive to Apple c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" +
Indent at: 1"
Avenue, heading westerly on Apple Avenue from Spring Street to First Avenue,
heading northerly on First Street from Apple Avenue to Muskegon Avenue,
heading westerly on Muskegon Avenue from First Street to Seventh Street, and
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heading northerly on Seventh Street from Muskegon Avenue to Shoreline Drive;
and
b) on Third Street from Merrill Avenue to Muskegon Avenue
Formatted: Indent: Left: 0"
parking is allowed except between the hours of 2:00 a.m. and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
This ordinance adopted:
Ayes: ______________________________________________________________ Formatted: Indent: First line: 0"
Nays: _______________________________________________________________
Formatted: Indent: First line: 0.5"
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Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By ______________________________
Ann Marie 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 day of , 2018, 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 Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: , 2018
_______________________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Formatted: Indent: Left: 0", Hanging: 0.9", Tab stops:
-0.5", Left + -0.1", Left + 0.4", Left + 0.9", Left + 2.7",
Left + 6.2", Left
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2018, the City Commission of the City
of Muskegon adopted an amendment to Chapter 92 “Traffic and Vehicles,” Article II “Uniform
Traffic Code,” Section 92-71 of the Code of Ordinances of the City of Muskegon,
whereby the following change was made:
TO BE COMPLETED AFTER ADOPTION Formatted: Centered
1. Section ((L07) was amended to eliminate parking on the terrace during the winter.
2. Section L909) was amended to provide for odd/even parking between 7:00 a.m. and
5:00 p.m. during the winter
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2018 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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CITY COMMISSION MEETING – DECEMBER 11, 2018
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Parking Ordinance Amendment Change – LO7
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the approval of the
changes for Chapter 92, LO7 to read as follows:
(LO7) Along or on any unpaved parkway, except where the same is used for a driveway to
enter private or public property. Parking on the terrace (i.e., the area between the property
line and the street) is permitted from December 1 through March 1 on those streets having
allowed parking on only one side of the street, but not on the paved portion of the terrace.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Parking Ordinance change.
Page | 1
VERSION TO BE USED TO AMEND ORDINANCE ADOPTED 12/11/18
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 92 “Traffic and Vehicles,” Article V “Local Parking Restrictions,” Section 92-71
“Parking Restrictions,” of the Code of Ordinances of the City of Muskegon is amended as
follows:
1. (LO7) Along or on any unpaved parkway, except where the same is used for a driveway
to enter private or public property. Parking on the terrace (i.e., the area between the
property line and the street) is permitted from December 1 through March 1 on those
streets having allowed parking on only one side of the street, but not on the paved
portion of the terrace.
.
This ordinance adopted:
Ayes: ______________________________________________________________
Nays: _______________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By ______________________________
Ann Marie Meisch, MMC
City Clerk
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\121118\11Y5132-Amend terrace parking in winte.doc
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 day of , 2018, 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 Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: , 2018
_______________________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\121118\11Y5132-Amend terrace parking in winte.doc
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2018, the City Commission of the City
of Muskegon adopted an amendment to Chapter 92 “Traffic and Vehicles,” Article II “Uniform
Traffic Code,” Section 92-71 of the Code of Ordinances of the City of Muskegon,
whereby the following change was made:
TO BE COMPLETED AFTER ADOPTION
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2018 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\121118\11Y5132-Amend terrace parking in winte.doc
CITY COMMISSION MEETING – DECEMBER 11, 2018
Date: December 4, 2018
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Parking Ordinance Amendment Change – LO9
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the approval of the
changes for Chapter 92, LO9 to further expand the downtown business area to extend to
Ninth Street between Muskegon and Western.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Parking Ordinance change.
Page | 1
VERSION TO BE USED TO AMEND ORDIANCE ADOPTED 12/11/18
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 92 “Traffic and Vehicles,” Article V “Local Parking Restrictions,” Section 92-71
“Parking Restrictions,” of the Code of Ordinances of the City of Muskegon is amended as
follows:
1. (L09) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
a) Parking is allowed on the side of the street with even numbered addresses on
even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
b) Parking is allowed on the side of the street with odd numbered addresses on
odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
c) Parking is allowed on both sides of the street all days between the hours of
5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is allowed
except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business areas
a) bounded by Shoreline Drive heading easterly from Seventh Street to Spring
Street, heading southerly on Spring Street from Shoreline Drive to Apple
Avenue, heading westerly on Apple Avenue from Spring Street to first Avenue,
heading northerly on First Street from Apple Avenue to Muskegon Avenue,
heading westerly on Muskegon Avenue from Apple AvenueFirst Street to
NinthSeventh Street, and heading northerly on Ninth Street to Western Avenue,
heading westerly on Western Avenue from Ninth Street to Seventh Street,
heading northerly on Seventh Street from Western Avenue Seventh Street from
Muskegon Avenue to Shoreline Drive; and
b) on Third Street from Merrill Avenue to Muskegon Avenue
parking is allowed except between the hours of 2:00 a.m. and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
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This ordinance adopted:
Ayes: ______________________________________________________________
Nays: _______________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By ______________________________
Ann Marie 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 day of , 2018, 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 Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: , 2018
_______________________________________
Ann Marie 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
F:\EDSI\FILES\00100\1\ORDIN\11Y5163.DOCF:\EDSI\FILES\00100\1\ORDIN\11X9866.DOC
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2018, the City Commission of the City
of Muskegon adopted an amendment to Chapter 92 “Traffic and Vehicles,” Article II “Uniform
Traffic Code,” Section 92-71 of the Code of Ordinances of the City of Muskegon,
whereby the following change was made:
TO BE COMPLETED AFTER ADOPTION
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2018 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
F:\EDSI\FILES\00100\1\ORDIN\11Y5163.DOCF:\EDSI\FILES\00100\1\ORDIN\11X9866.DOC
Date: December 11, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Community Relations Committee Appointment
Recommendations
SUMMARY OF REQUEST: To accept reappointments of Clyde Whitehouse,
John Riegler, and Gary Post to the Business Improvement District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the reappointments.
Date: December 11th, 2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Drinking Water Revolving Fund (DWRF) Project Plan Development
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Prein & Newhof
Engineering to develop a Drinking Water Revolving Fund Project Plan. The value of the
agreement shall not exceed $15,500.00
Requests for Proposals were solicited for this contract with Prein & Newhof and
Johnson & Anderson submitting proposals. Both proposals were reviewed by staff and
the Prein & Newhof proposal is recommended.
Prein & Newhof ............................................................ $15,500.00
Johnson & Anderson .................................................... $20,200.00
FINANCIAL IMPACT:
$15,500.00
BUDGET ACTION REQUIRED:
None, this will be addressed during a future reforecasting.
STAFF RECOMMENDATION:
Authorize staff to enter into an engineering services agreement with Prein & Newhof.
Commission Meeting Date: December 11, 2018
Date: December 6, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing – Amendment to the Downtown Development
Plan and Tax Increment Finance Plan of the City of Muskegon
SUMMARY OF REQUEST:
To hold a public hearing and approve the amendment to the Downtown Development Plan
and Tax Increment Finance Plan, which includes adding certain parcels into the plan.
FINANCIAL IMPACT:
It is anticipated that the Downtown Development Authority will capture increased values with
future development.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the plan amendments.
COMMITTEE RECOMMENDATION:
The Downtown Development Authority unanimously approved the plan amendments at their
October 30 meeting.
12/6/2018
City of Muskegon
County of Muskegon, Michigan
ORDINANCE NO. _______
AN ORDINANCE APPROVING AMENDMENTS TO
THE DOWNTOWN DEVELOPMENT PLAN
AND TAX INCREMENT FINANCE PLAN OF THE CITY OF MUSKEGON
DOWNTOWN DEVELOPMENT AUTHORITY
Recitals
WHEREAS, the Muskegon Downtown Development Authority (the "Authority") has
previously prepared and approved a Downtown Development Plan and Tax Increment Finance
Plan (the "Plan") for the Development Area described in the Plan, which was approved by the
City Commission on July 12, 1988, pursuant to Ordinance No. 969; and,
WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989,
(the "1989 Amendment") pursuant to Ordinance No. 982; and,
WHEREAS, the City Commission approved amendments to the Plan on August 28,
2001, pursuant to Ordinance No. 2050; and,
WHEREAS, the City Commission approved amendments to the Plan on November 13,
2001, pursuant to Ordinance No. 2060; and,
WHEREAS, the City Commission approved amendments to the Plan on September 12,
2017, pursuant to Ordinance No. 2375; and,
WHEREAS, the Authority has prepared and recommended for approval an amendment,
attached hereto as Exhibit A (the "Plan Amendment"), to the Plan; and,
WHEREAS, on December 11, 2018, the City Commission held a public hearing on the
Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the "Act");
and,
12/6/18
WHEREAS, the purpose of the amendment is to amend the Development Plan and Tax
Increment Financing Plan to include certain parcels from the development area set forth in those
Plans; and,
WHEREAS the City Commission has given the taxing jurisdictions in which the
Development Area is located an opportunity to meet with the City Commission and to express
their views and recommendations regarding the Plan Amendment as required by the Act,
NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:
1. Findings
(a) The development plan portion of the Plan, as amended by the Plan Amendment,
meets the requirements set forth in Section 17(2) of the Act, and the tax increment financing plan
portion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in
Section 14(2) of the Act.
(b) The proposed method of financing the development is feasible and the Authority
has the ability to arrange the financing.
(c) The development is reasonable and necessary to carry out the purposes of the Act.
(d) Any land included within the Development Area to be acquired is reasonably
necessary to carry out the purposes of the Act.
(e) The Plan, as amended by the Plan Amendment, is in reasonable accord with the
master plan of the City.
(f) Public services, such as fire and police protection and utilities, are or will be
adequate to service the Development Area.
12/6/18
(g) Changes in zoning, streets, street levels, intersections, and utilities, to the extent
required by the Plan, as amended by the Plan Amendment, are reasonably necessary for the Plan,
as amended by the Plan Amendment, and for the City.
2. Public Purpose. The City Commission hereby determines that the Plan, as
amended by the Plan Amendment, constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines that it is in
the best interests of the public to halt property value deterioration, increase property tax
valuation, eliminate the causes of the deterioration in property values, and to promote growth in
the Downtown District to proceed with the Plan, as amended by the Plan Amendment.
4. Approval and Adoption of Plan Amendment. The Plan Amendment is hereby
approved and adopted. A copy of the Plan, the Plan Amendment, and all later amendments
thereto shall be maintained on file in the City Clerk's office.
5. Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No. 969
is hereby amended by this Ordinance. All ordinances, resolutions and orders, or parts thereof, in
conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed.
Each section of the Ordinance and each subdivision of any section thereof is hereby declared to
be independent, and the finding or holding of any section or subdivision thereof to be invalid or
void shall not be deemed or held to affect the validity of any other section or subdivision of the
Ordinance.
6. Paragraph Headings. The paragraph headings in this Ordinance are furnished for
convenience of reference only and shall not be considered to be a part of the Ordinance.
7. Publication and Recordation. A Notice of Adoption shall be published promptly
after the Ordinance is adopted in the Muskegon Chronicle, a newspaper of general circulation in
12/6/18
the City, qualified under State law to publish legal notices, and shall be recorded in the
Ordinance Book of the City, which recording shall be authenticated by the signature of the City
Clerk.
8. Effective Date. The Ordinance is hereby determined by the City Commission to
be immediately necessary for the interests of the City and shall be in full force and effect from
and after its passage and publication as required by law.
Passed and adopted by the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, on December 11, 2018.
AYES: Members _________________________________________________________
_________________________________________________________________
NAYS: Members _________________________________________________________
ABSENT: Members _________________________________________________________
ORDINANCE DECLARED ADOPTED.
CITY OF MUSKEGON
By___________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of Ordinance No. _____
adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a
regular meeting held on December 11, 2018, 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,
12/6/18
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
12/6/18
EXHIBIT A
PROPERTY TO BE ADDED TO THE PLAN
12/6/18
12/6/18
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AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: December 5, 2018
RE: LC Walker Arena Improvements
SUMMARY OF REQUEST:
As a continuation of the revitalization of the LC Walker Arena, staff is recommending a number of
additional capital repairs, which have been deferred for a number of years. These improvements are
expected to be funded partially by the City’s Public Improvement Fund and partially by the Downtown
Development Authority. The projects are as follows:
Restroom Renovation and Relocation
Roof Replacement
Dehumidification System Replacement
Heating System Replacement
Staff is seeking authorization at this time to accept the bids only for roof replacement and
dehumidification system replacement, as these items are time sensitive:
Roof Replacement: Certified Building Solutions: $1,051,413
Dehumidification System Replacement: Hurst Mechanical: $551,763
FINANCIAL IMPACT:
The projects will begin later this winter. Prior to commencement of the project, staff will working to secure
short-term financing (7-10 years) for these improvements as well as the Heating System Replacement.
BUDGET ACTION REQUIRED:
This will be accounted for in the 3rd Quarter Reforecast, once financing costs are determined.
STAFF RECOMMENDATION:
To authorize the city manager to enter into agreements with Certified Building Solutions at an amount
not to exceed $1,051,413 and Hurst Mechanical at an amount not to exceed $551,763.
COMMITTEE RECOMMENDATION:
City of Muskegon – LC Walker Arena
2019 Roof Replacement
December 11, 2018
To Whom It May Concern:
We are presenting the board of commissioners with this letter and bids for the upcoming Roof Replacement Project at the LC Walker
Arena.
Current Condition:
Over the last few years there has been multiple attempts to repair and extend the life of the roof at the LC Walker Arena.
While these attempts have been mostly successful, every time it rains there seems to be a “new” leak that develops throughout the
building. Through multiple inspections, core analysis, and thermal imaging scans, it has been determined that the roof at the LC
Walker Arena has reached the end of life. The main issues that have arose are as follows:
- Flashing Failure
- Field membrane wearing thin
- Coping Cap Failure
Please see pictures below:
Solution:
Through thorough analysis, it has been determined that the best solution for the LC Walker Arena and the City of Muskegon
would be to recover a new roof over the existing roof. This would result in a significant cost savings for the City on a few different
fronts:
- Staging
- Difficult Access
- Avoid Tear-off
By recovering the existing roof, the LC Walker Arena will receive a 30-year NDL (No-Dollar-Limit) Warranty which will cover all
labor and materials for the duration of the warranty. With a proper preventive maintenance program, the LC Walker Arena could
possibly go 35-50 years without doing another roof replacement.
Sincerely,
LeighAnn Mikesell
CITY OF MUSKEGON
BID TABULATION: LC WALKER ARENA
PROJECT: 2019 ROOF REPLACEMENT
DATE: 11/27/18
NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER
VENDOR ALLIED ROOFING BOB'S ROOFING BORNOR RESTORATION CERTIFIED BUILDING SOLUTIONS HOEKSTRA ROOFING LUTZ ROOFING OSTRANDER ROOFING TICHENOR ROOFING
TELEPHONE 616-291-2433 231-510-8311 269-762-2517 231-578-3254 269-998-1463 586-557-1254 616-240-0553 269-419-3220
QUOTED BY WAYNE ALLEN JEREMY NOVAK GARY BURNETT JULIE LYVERE DALE ROACH JOE SEKULA RICHARD OSTRANDER CHRIS WOZNIAK
CREW SIZE 6-12 5-8 8-10 10-12
PROJECTED START DATE DID NOT FILL OUT 5/1/19 4/1/19 4/1/19 4/15/19
EST. NUMBER OF DAYS TIL COMPLETION 90 DAYS 100 DAYS 145 DAYS 60 DAYS
DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
LABOR PRICING:
2019 LABOR BID $ 920,110.00 $ 233,850.00 $ 494,700.00 $ 895,470.00 $ 577,920.00
2018-2019 WINTER REPAIRS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
LINE ITEM PRICING:
REPLACEMENT OF CONCRETE DECK SQ. FT. $ 25.00 SQ. FT. $ 125.00 SQ. FT. SUBBED OUT SQ. FT. $ 8.50 SQ. FT. T&M
REPLACEMENT OF TECTUM DECK SQ. FT. $ 6.00 SQ. FT. $ 25.00 SQ. FT. $ 15.00 SQ. FT. $ 7.25 SQ. FT. $ 6.50
REPLACEMENT OF METAL DECK SQ. FT. $ 50.00 SQ. FT. $ 50.00 SQ. FT. SUBBED OUT SQ. FT. $ 12.50 SQ. FT. $ 12.00
REPLACEMENT OF DRAIN PER DRAIN $ 900.00 PER DRAIN $ 250.00 PER DRAIN $ 3,000.00 PER DRAIN $ 2,500.00 PER DRAIN $ 1,300.00
PRIME EXISTING ROOF ENT. ROOF N/A ENT. ROOF N/A ENT. ROOF N/A ENT. ROOF N/A ENT. ROOF $ 65,000.00
MATERIALS PRICING:
ROOFING MATERIALS $ 529,585.00 $ 529,585.00 $ 529,585.00 $ 529,585.00 $ 529,585.00
SUB-TOTAL $ 1,459,695.00 $ 773,435.00 $ - $ 1,034,285.00 $ 1,435,055.00 $ 1,117,505.00
PALLET STOCKING (APRIL 1 - JUNE 31) $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000
ESTIMATED FREIGHT FEES $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000
PERFORMANCE AND PAYMENT BOND N/A N/A $ 3,128 N/A N/A
TOTAL $ 1,473,695 $ 787,435 DID NOT SUBMIT $ 1,051,413 $ 1,449,055 $ 1,131,505 DID NOT SUBMIT DID NOT SUBIT
BID RETRACTION RETRACTED BID DUE TO ERROR
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: December 5, 2018
RE: Local 370, Muskegon Firefighters 2019-2023 Contract
SUMMARY OF REQUEST:
Staff has come to terms on a new five-year contract with Local 370, Muskegon Firefighters Union. The
agreement will take effect January 1, 2019. The contract contains similar wage adjustments and
benefit changes previously negotiated with other bargaining units. There are also a number of
significant changes to the operating structure of the department.
FINANCIAL IMPACT:
Long-Term Cost reductions in excess of $1 Million annually
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the attached tentative agreement as presented and authorize the Mayor and Clerk to sign
the new contract with Local 370.
COMMITTEE RECOMMENDATION:
None.