City Commission Minutes 08-11-2020

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
           AUGUST 11, 2020 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                   MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, August 11, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:   Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
2020-48      HONORS, AWARDS, AND PRESENTATIONS:
   A. Tribute to Muskegon Police Department
The Muskegon Police Department was presented with a Special Tribute from 34th
District State Senator, Jon Bumstead. The Tribute was read aloud by Mayor
Stephen J. Gawron.
   B. 8 Can’t Wait
8 Can’t Wait is an eight-point political action campaign to reform policing in the
United States. Public Safety Director, Chief Jeffrey Lewis, introduced the topic for
presentation. Police Department Staff Members, Lieutenant Scott Zonnebelt,
Captain Andy Rush, and Captain Shawn Bride, reviewed current police
department policies that correlate with the campaign’s 8 points for police
reform.
PUBLIC COMMENT ON AGENDA ITEMS:              Public comments were received.
2020-49      CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 28, 2020 Regular City
Commission meeting.
STAFF RECOMMENDATION:           To approve the minutes.

                                          Page 1 of 15
   B. Amendment to the Temporary Uses Ordinance – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend section 2324 of the
zoning ordinance to allow mobile food vending as a temporary use. The
Planning Commission unanimously voted in favor of the ordinance amendment.
STAFF RECOMMENDATION:          To approve the amendments to the zoning
ordinance.
   C. Mobile Food Vending Ordinance Updates-2nd Reading City Clerk
SUMMARY OF REQUEST: Interest in operating food trucks in the City has
increased since the initial passage of the Mobile Food Vending Ordinance in
2014. Based on community and Commission feedback, staff has identified some
language updates to more effectively regulate mobile food vendors and areas
they operate.
The City Commission held work sessions to update the mobile food vending
ordinance on February 10 and March 9. Based on feedback received from the
community and Commission, the following changes are being recommended
for approval.
Regulatory Ordinance
Changes to Chapter 50 include requiring proof of permission to be on private
property, compliance with fire safety, code, and all other legal requirements
(including health department inspections and licenses), and display of city
license. The updates also include a change to allow temporary approval by the
City Clerk to allow overnight parking on public property or streets and a
clarification that a mobile food vendor cannot operate on public or private
property within 1,000 feet of an event or the Farmers Market during market hours.
As requested, a map showing this distance is attached. The required distance
from brick and mortars is increased to 100 feet as measured from the service
window to the lot line. A formal complaint, revocation, and appeals process was
also added. A red lined copy of all these changes is attached.
Public Areas and Streets
Allowing mobile food vending on private property in B-2, B-4, LR, WM, I-1, I-2,
MC and all Form Based Code context areas except Urban Residential and
Lakeside Residential was added and addressed through the amendment to the
temporary uses in the Zoning Ordinance.
A resolution allowing mobile food vendors on public property and streets in the
same areas is attached along with rescinding the previously identified areas.
STAFF RECOMMENDATION:         To amend and adopt Chapter 50, Article VIII
Sections 50-303 through 50-305 and approve the resolution for mobile food
vending in public areas.


                                        Page 2 of 15
   D. Additional Costs-HVAC System at Mercy Health Arena Finance
SUMMARY OF REQUEST: To approve the Hurst Mechanical invoice for additional
work to install new heating supply and return lines serving the Lumberjacks
offices and the Arena Director’s office for $20,410.43. This invoice will be
forwarded to Team Financial for payment.
During the start up process of the new HVAC system at Mercy Health Arena the
system was pressure tested and discovered that underground sections of the
return lines were compromised. Hurst Mechanical installed isolation valves at
every heating supply & return line so the system could be separated into
quadrants to attempt to isolate leaks and only re-pipe certain sections.
However, it was discovered that there were leaks everywhere. The City Manager
negotiated with Hurst Mechanical to apply the DTE Energy & Consumers rebates
against the additional costs. Much of the additional costs were covered, this last
invoice is for the last piece of the project.
AMOUNT REQUESTED:         $20,410.43
AMOUNT BUDGETED:          $0
STAFF RECOMMENDATION:            To approve the Hurst Mechanical invoice of
$20,410.43 for payment.
   E. Second Floor Furniture     Development Services
SUMMARY OF REQUEST: Construction on the second floor of city hall is nearing
completion. Staff is seeking approval to purchase furniture for the new space.
Staff has obtained and reviewed quotes for the work from two local office
furniture companies, Grand River Office and Lakeshore Furniture, and is seeking
approval for a combination of their services to complete the work.
Grand River Office – new desks, office chairs, conference room tables, and
cabinets at $36,664.55 ($32,490.65 + $4,173.90)
Lakeshore Furniture – reupholstered side chairs for offices, lateral file cabinets,
and new chairs for the conference room at $11,323.70.
Some details are still being investigated so a contingency cost of $7,198.24 is
being included for a total of $55,186.49.
The most current quotes are included. Both companies are using local
manufacturers where possible.
AMOUNT REQUESTED:         $55,186.49
AMOUNT BUDGETED:          $0
FUND OR ACCOUNT:          Public Improvement Fund
STAFF RECOMMENDATION: Approve the expenditure of $55,186.49 for office
furniture.

                                           Page 3 of 15
   H. Holiday Display Items     Public Works
SUMMARY OF REQUEST: Staff is asking permission to purchase various items to
add to the Holiday display at Hackley Park.
Staff is asking permission to purchase a Polar Bear bench ($1,499), four (4)
Outdoor Sleigh Reindeer (at $1,798.00 x 4 + $7,192.00), a Life Size Rearing
Reindeer ($999.00) and Reindeer Antlers ($50.00), totaling $9,751.00
The request also includes a 15-foot Snowman for a cost of $5,579 and $635 in
shipping for a total of $6,214. We received $3,300 in donations for the snowman
and will take the remainder of $2,914 out of the Public Relations Budget.
AMOUNT REQUESTED:        $9,751.00 & $2,914.00
AMOUNT BUDGETED:         $10,000.00
FUND OR ACCOUNT:         101-70751
                         101-10102-5352
STAFF RECOMMENDATION:        Authorize staff, per recommendation of Holiday
Committee, to purchase the various Holiday decorations, to be used at Hackley
Park.
   I. AWIA (America’s Water Infrastructure Act) 2018     Public Works
SUMMARY OF REQEUST: Authorize staff to enter into an agreement with Prein &
Newhof to perform an EPA Mandated “America’s Water Infrastructure Act of
2018” (AWIA 2018) with our wholesale customers. Our share of the cost will be
$22,000.
AWIA 2018 was signed into law in October 2018. Section 2013 of the law requires
Community Water Systems serving more that 3, 300 people to perform a Risk and
Resilience Assessment (RRA) and develop or revise an Emergency Response
Plan (ERP). A letter certifying the completion of the RRA and ERP must be
submitted to the US EPA before the statutory deadlines.
Compliance with the new requirements of AWIA 2018 by completing a Risk and
Resilience Assessment and updating the Emergency Response Plan for our
Community Water Supply allows us to take steps to reduce risk in response to
malevolent acts or natural hazards and ensure the long-term resiliency of the
water system for our customers.
AMOUNT REQUESTED:        $22,000
AMOUNT BUDGETED:         $22,000
FUND OR ACCOUNT:         591
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Prein & Newhof.


                                         Page 4 of 15
   K. Peck Street Water & Sewer Upgrades Public Works
SUMMARY OF REQUEST: Authorize the award of the Peck Street contract to the
low bidder, Kamminga & Roodvoets Inc, and authorize the clerk to sign the
resolution.
Staff solicited bids for sewer replacement, water main replacement and road
reconstruction on Peck Street from Laketon Avenue north to Merrill Avenue in the
Nelson and McLaughlin neighborhoods.
Bids received are as follows:
   •   $3,481,438.91 – Kamminga & Roodvoets
   •   $3,589,454.75 – Wadel Stabilization
   •   $3,794,984.00 – Hallack Contracting
   •   $4,135,588.35 – Diversco Construction
   •   $4,827,140.03 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of
Michigan Clean Water and Drinking Water Revolving Funds. The State of
Michigan programs offer forgiveness for portions of the project.
The project would be constructed during the 2021 construction season.
There will be a separate project financed through City Major Streets and
MDOT/FHWA to reconstruct Peck Street from Merrill to Apple in the same year.
That project is expected to take bids in January or February.
AMOUNT REQUESTED:        $2,481,438.91
AMOUNT BUDGETED:         $4,700,000 (Total)
                         19/20 - $200,000
                         20/21 - $1,700,000
                         21/22 - $2,800.000
(Inclusive of Engineering, Bonding, Financing, Contingency, etc.)
FUND OR ACCOUNTS:        202/590/591-92010
STAFF RECOMMENDATION:        Approve the award of the Peck Street contract to
the low bidder, Kamminga & Roodvoets, Inc and authorize the clerk to sign the
resolution.
   L. Water Supply System Bonds       Finance
SUMMARY OF REQUEST: Ordinance Authorizing the issuance of Water Supply
System Junior Lien Revenue Bonds. Request to authorize the issuance of Water
Supply System Bonds in an amount not to exceed $4,800,000. The Bonds are
expected to be sold to the Michigan Finance Authority and payable in 20

                                          Page 5 of 15
annual principal installments at an interest rate of 2%. Scheduled closing is
September 30th. Estimated Principal Forgiveness is $380,000.
STAFF RECOMMENDATION:         To approve the ordinance authorizing the
issuance of Water Supply System Revenue Bonds.
   M. Sanitary Sewer Supply System Bonds Finance
SUMMARY OF REQUEST: Ordinance Authorizing the issuance of Sanitary Sewer
Supply System Junior Lien Revenue Bonds. Request to authorize the issuance of
Sanitary Sewer Supply System Bonds in an amount not to exceed $5,400,000. The
Bonds are expected to be sold to the Michigan Finance Authority and payable
in 20 annual principal installments at an interest rate of 2%. Scheduled closing is
September 30th. Estimated Principal Forgiveness is $950,000.
STAFF RECOMMENDATION:         To approve the ordinance authorizing the
issuance of Sanitary Sewer Supply System Revenue Bonds.
Motion by Commissioner Johnson second by Commissioner German, to
approve the consent agenda as presented, except items F, G, and J.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
2020-50 REMOVED FROM CONSENT AGENDA:
   F. Brownfield Development and Reimbursement Agreement, Harbor West,
      LLC Economic Development
SUMMARY OF REQUEST: Approval of the Development and Reimbursement
agreement (D&RA) for the Harbor West, LLC (Hartshorn Village) brownfield plan
amendment. The BRA will be meeting on August 11 to consider approval of the
Development and Reimbursement Agreement to the City Commission.
Brownfield Plan Amendment for Harbor West, LLC (Hartshorn Village) was
approved by the commission June 9, 2020. Harbor West, LLC has submitted a
D&RA for the Brownfield Plan for Hartshorn Village, a residential site
condominium development on an initial 3.01 acres adjacent to Hartshorn
Marina. The BRA will reimburse developer for eligible costs for the initial 10
residential site condos and adjacent marina improvements for the next 30 years
from property tax increments. Per the terms of the Sale and Development
agreement from August 15, 2018, the city will provide buyer up to $600,000 for
eligible costs. The city would receive the first $600,000 of tax capture, then
Harbor West for its remaining eligible costs and finally with the marina upgrade
being covered last. The initial $5.597 million of eligible costs in brownfield plan is
a local-only tax capture although the plan is eligible for $2,249 for eligible
environmental costs captured by state educational millage through ELGE. There

                                           Page 6 of 15
is no need for state approval. The plan includes state eligible environmental
costs of $250,000, $19,500 for demolition, $626,000 for site preparation and $3.946
million for infrastructure improvements. A majority of the infrastructure costs
($3.502 million) are to upgrade the city’s adjacent Hartshorn Marina and for a
joint-use pool and clubhouse for the condo owners and marina slip holders. The
plan contemplates continued five-year capture of tax increments for a local
Brownfield Revolving Loan Fund if there is time left in the 30-year plan after
eligible costs are covered.
STAFF RECOMMENDATION:     Approval of the Harbor West, LLC Brownfield
Development and Reimbursement Agreement and authorize the city clerk and
mayor to sign the same.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the Harbor West, LLC Development and Reimbursement Agreement
and resolution and allow the Mayor and City Clerk to sign the same.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, and Johnson
            Nays: German
MOTION PASSES
   G. Concession Agreement – Grand Traverse Pie Company            Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Jennifer Serrano of “Grand Traverse Pie Company” at Pere
Marquette Park.
Staff is asking permission to enter into a Concession Agreement for 2020 with
Jennifer Serrano of “Grand Traverse Pie Company”, at Pere Marquette Park.
Commission from said Concession would be $300.00 plus 5% of gross receipts.
STAFF RECOMMENDATION:         Authorize staff to enter into a Concession
Agreement with Jennifer Serrano of “Grand Traverse Pie Company”, at Pere
Marquette Park.
Motion by Commissioner Emory second by Commissioner Johnson, to authorize
staff to enter into a concession Agreement with Jennifer Serrano of “Grand
Traverse Pie Company”, at Pere Marquette Park.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   J. Amity Avenue Water & Sewer Upgrade            Public Works
SUMMARY OF REQUEST: Authorize the award of the Amity Avenue contract to
the low bidder, Kammming & Roodvoets Inc, and authorize the clerk to sign the


                                         Page 7 of 15
resolution.
Staff solicited bids for sewer replacement, water main replacement and road
reconstruction on Amity Avenue from Getty to Fork and on sections of Fork,
Myrtle and Murphy in the Angell neighborhood.
Bids received are as follows:
   •   $4,138,499.30 – Kamminga & Roodvoets
   •   $4,246,607.65 – Jackson – Merkey Contractors
   •   $4,388,385.50 – Hallack Contracting
   •   $4,708,725.80 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of
Michigan Clean Water and Drinking Water Revolving Funds. The State of
Michigan programs offer forgiveness for portions of the project.
The project would be constructed during the 2021 construction season.
AMOUNT REQUESTED:          $4,138,499.30
AMOUNT BUDGETED:           $5,700,000 (Total)
                           19/20 - $200,000
                           20/21 - $2,750,000
                           21/22 - $2,750,000
(Inclusive of Engineering, Bonding, Financing, Contingency, etc…)
FUND OR ACCOUNT:           590/591-92009
STAFF RECOMMENDATION:        Approve the award of the Amity Avenue contract
to the low bidder, Kamminga & Roodvoets, Inc. and authorize the clerk to sign
the resolution.
Motion by Commissioner German second by Commissioner Rinsema-Sybenga,
to approve the award of the Amity Avenue contract to the low bidder,
Kamminga & Roodvoets, Inc. and authorize the clerk to sign the resolution.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
              Nays: None
MOTION PASSES
2020-51   PUBLIC HEARINGS:
   A. Public Hearing on Michigan Natural Resources Trust Fund Application for
      Campbell Field    Public Works
SUMMARY OF REQUEST: To receive public input on the plan for improvements at

                                           Page 8 of 15
Campbell Field and to approve a resolution to apply for grant funds under the
Michigan Natural Resources Trust Fund Program with a commitment of matching
funds.
Staff submitted an application to MDNR through the Michigan Natural Resources
Trust Fund program to help fund the improvements at Campbell Field. The
preliminary plan for improvements at Campbell Field was prepared based on
staff recommendation and stakeholder feedback.
In light of COVID-19 concerns MDNR allowed for public input on the plans to be
received after the initial application was submitted.
Staff also posted the plans to Facebook for comment in March of 2020, a
summary of comments received on the preliminary plan is included.
Matching funds for this project are derived from the Public Improvement Fund in
future years and are provided primarily via the PILOT extension that was
approved for the Royal Glen Townhouses at the 11/26/2019 Commission
Meeting. Proceeds from the PILOT Agreement are expected to provide $156,000
in matching funds with any additional costs and in-kind services to be provided
by the City of Muskegon.
AMOUNT REQUESTED:        $200,000 for MDNR Match + $100,000 for Engineering &
Contingencies
AMOUNT BUDGETED:         $300,000 (Future Years)
FUND OR ACCOUNT:         404
STAFF RECOMMENDATION:           To close the public hearing and approve the
resolution of authorization and commitment of matching funds for the Michigan
Natural Resources Trust Fund application at Campbell Field.
PUBLIC HEARING COMMENCED:            No public comments were received.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to close the public hearing and approve the resolution of authorization and
commitment of matching funds for the Michigan Natural Resources Trust Fund
application at Campbell field.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2020-52     UNFINISHED BUSINESS:
   A. Muskegon Central Dispatch Tower Site Lease Agreement         Public
      Safety – No action requested at this time – REMOVED



                                        Page 9 of 15
2020-53     NEW BUSINESS:
   A. Designation of Voting Delegates for the Michigan Municipal League
      Annual Meeting City Clerk
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and, if
possible, to designate on other official to serve as an alternate.
STAFF RECOMMENDATION:           To appoint an official representative and
alternate representative to be in attendance and to cast the vote of the
municipality at the Annual Business Meeting of the Michigan Municipal League
Convention.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to designate Mayor Stephen J. Gawron as the official representative and Vice
Mayor Eric Hood as the alternate representative to be in attendance and to cast
the vote of the municipality at the Annual Business Meeting of the Michigan
Municipal League Convention.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
           and German
            Nays: None
MOTION PASSES
   B. Small Retailer Assistance Program      Development Services
SUMMARY OF REQUEST: Staff is seeking approval of the establishment of a small
retailer assistance program.
CDBG funds in 2019 and 2020 have been allocated to assist in the creation of
more small retail businesses downtown and to aid existing small retail businesses
negatively impacted by COVID-19. Staff have developed a program to award
these fund as outlined below.
The Small Retailer Assistance Program will offer one of two incentives to assist in
the creation of a new small retail business downtown. These incentives include
the Rental Assistance Grant and the Retail Renovation Grant. Both grants require
a 50% match with a maximum grant of $5,000.
Two additional incentives are being made available to existing small retail
businesses negatively impacted by COVID-19. A CV Rental Assistance Grant
and a CV Capital Grant are being offered. Both grants require a 25% match with
a maximum grant of $5,000.
Businesses must be located within the Downtown Development Authority District
to qualify.
AMOUNT REQUESTED:        $60,000 + CDBG-CV

                                          Page 10 of 15
AMOUNT BUDGETED:           $60,000 + CDBG-CV
FUND OR ACCOUNT:           CDBG and CDBG-CV
STAFF RECOMMENDATION:            To approve the establishment of the small retailer
assistance program.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the establishment of the small retailer assistance program.
      Motion by Commissioner Johnson second by Commissioner Rinsema-
      Sybenga, to amend the motion to make both programs city-wide.
      ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, Rinsema-Sybenga,
      and Emory
                    Nays: German
      MOTION PASSES
VOTE ON ORIGINAL MOTION
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, and Rinsema-
           Sybenga
             Nays: German
MOTION PASSES
   C. Purchase Agreement 1188 4th Street City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into the
purchase agreement with LeighAnn Mikesell, a City of Muskegon employee.
1188 4th Street was a regular area of concern among neighbors. In an attempt to
help mitigate the concerns, the city purchased the property and completed a
renovation. The property was listed on the MLS for $229,900; an offer was
accepted for $225,000. Staff is seeking permission to approve the purchase
agreement and complete the sale. Note that this property is part of the
scattered site brownfield project. Any difference in sales price and renovation
cost will be recovered via tax capture.
In order to comply with state and local conflict of interest concerns, Ms. Mikesell
has submitted a letter to the mayor disclosing her interest in the property and
outlining the benefits of this sale to her and to the City. The letter has been
noticed to the public along with the agenda for the commission meeting.
The sale con only be approved by a unanimous vote of all commissioners.
If approved, the minutes of the commission must disclose the name of each
party involved in the contract, the terms of the contract, the nature of the
financial interest of the public servant with the conflict, and that the sale is in the
best interest of the City.


                                           Page 11 of 15
LeighAnn Mikesell, Director of Development Services for the City of Muskegon is
the purchaser of the home at 1188 4th Street. The home is being purchased from
the City of Muskegon. The approved purchase price is $225,000 – no
contingencies. A benefit to the purchaser includes the price the city paid to
obtain the property ($88,710.92) as well as the amounts paid for improvements
($235,716). The total is $324,427. The property was listed with a real estate agent
for $229,900. LeighAnn Mikesell offed $225,000 and submitted a check for
earnest money in the amount of $2,500. The City will benefit by selling the
property to LeighAnn Mikesell because she is a good citizen that cares about
the community, has consistently paid taxes and utility bills owed to the city, she
will maintain the property in excellent condition and will enhance the
landscaping to further improve the property and make a positive impact on the
neighborhood.
STAFF RECOMMENDATION:            Declare that the sale is in the best interests of the
City to sell the property to Ms. Mikesell and authorize the City Manager to sign
the purchase agreement and complete the sale.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to declare that the sale is in the best interest of the City to sell the property to Ms.
Mikesell and authorize the City Manager to sign the purchase agreement and
complete the sale.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
             Nays: None
MOTION PASSES
   D. Groundwater Ordinance Amendment                  Planning
SUMMARY OF REQUEST: The City has received a petition from Consumers
Energy to designate the Veteran’s Memorial Park parcel under the water
supplies ordinance. The ordinance prohibits the use of groundwater wells and
secondary water supplies under certain circumstances and in certain locations,
to prevent exposure to contaminated groundwater, as well as to prevent wells
from influencing the movement of contaminated water.
Notice was sent to the only affected address (Veterans Memorial Park) prior to
this meeting.
STAFF RECOMMENDATION:             To approve the amended groundwater
ordinance as presented.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
approve the amendment to the groundwater ordinance as presented.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron

                                            Page 12 of 15
            Nays: None
MOTION PASSES
   E. City of the Dead Event   Planning – REMOVED PER APPLICANT REQUEST
   F. Swan Alpha Development Agreement              City Manager
SUMMARY OF REQUEST: City staff has been working with Swan Alpha
Development on a proposal to reuse the former Farmers Market site as a
residential development. The development would add 53 new units to the site
over two project phases.
We are proposing a development agreement that follows much of the
framework of the West Urban Properties Development Agreement. This project is
very similar in that the developer intends to build a combination of detached
and attached single-family homes that will be made available for rent. These
properties will function more like a single multi-family development on one or
two adjacent parcels. One key difference between this agreement and the West
urban Agreement is that this Agreement does not ask the City to subsidize any
rents. The only proposed use of the “Swan Alpha Development Fund” would be
in the even that the city’s tax assessor sets the property assessment for the 53
units above the anticipated amount. Note that this amount is similar to the
benefit that would be expected with a Neighborhood Enterprise Zone certificate.
The development agreement does contemplate that the City of Muskegon
would make certain investments in the infrastructure necessary for the second
phase. These improvements (underground utilities, alleys, greenspace, trails,
etc.) are reimbursable expenses in the scattered site brownfield plan. $777,000 is
contemplated for reimbursement here. Note that 287 East Muskegon and 225
Eastern are included in the Brownfield, but not the purchase agreement – these
areas are being held for park/greenspace improvements.
STAFF RECOMMENDATION:          To authorize the City Manager to sign the
Development Agreement.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
authorize the City Manager to sign the Development Agreement.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Gawron, and Hood
            Nays: Emory and Johnson
MOTION PASSES
   G. 4th Amendment to Lease – Lumberjacks          City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the fourth amendment to
the lease agreement with WC Hockey. This amendment will provide relief to the
team as they endeavor to compete in the 2020-21 USHL season with new rules
related to the COVID-19 Pandemic.


                                         Page 13 of 15
We are proposing an amendment to one section of the lease to accommodate
anticipated reduced capacity at the arena: Paragraph 14. The Lumberjacks
previous agreed to undertake a certain amount of construction in the facility
and be reimbursed for those costs only if they exercised their first option to
extend the lease. Previously, we acknowledged that the work was complete
and the cost was $260,215.35; it was to be deducted from their rent in years 3-7.
Staff is proposing that the cost be deducted in years 2-4 as follow: Year 2:
$125,000; Year 3: $100,000; Year 4: $35,215.35
STAFF RECOMMENDATION:           Approve the Agreement and authorize the Mayor
to sign.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Ramsey,
to approve the agreement and authorize the Mayor to sign.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
   H. Beach Noise and Signage         Commissioner Emory
SUMMARY OF REQUEST: We have received a request from Commissioner Emory
to install signage at the beach pertaining to noise rules and alcohol
consumption. The request also included a request to reduce the music level
coming from The Deck Restaurant.
STAFF RECOMMENDATION:           Staff has no recommendation on this item and
has received no more complaints in 2020 than in years’ past. The beach is
significantly busier this year.
No action on this item. Referred back to staff.
Commissioner Rinsema-Sybenga left at 9:30 p.m.
ANY OTHER BUSINESS:        Commissioner Willie German mentioned that he had
conversations with several residents that had received complaints about having
tents in their yards. Residents wishing to get a reprieve from the sun this summer
should be encouraged to put up and take down their tents on occasion rather
than leaving them up for too long.
Commissioner Ken Johnson brought up the sale of 1867 Hoyt Street to
accommodate the construction of a garage serving 1875 Hoyt homeowner and
a parking pad serving 1861Hoyt. The Commission directed staff and legal
counsel to negotiate a sales agreement for the City-owned lot.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 10:00 p.m.


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Respectfully Submitted,




Ann Marie Meisch, MMC – City Clerk




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