City Commission Minutes 04-13-2021

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
            APRIL 13, 2021 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440
              REMOTE MEETING


                                 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, April 13, 2021.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron (Muskegon, MI), Vice Mayor Eric Hood
(Muskegon, MI), Commissioners Ken Johnson (Muskegon, MI), Dan Rinsema-
Sybenga (Muskegon, MI), Willie German, Jr. (Muskegon, MI), Teresa Emory
(Muskegon, MI), and Michael Ramsey (Muskegon, MI), City Manager Frank
Peterson, City Attorney Will Meier, and City Clerk Ann Meisch.
PUBLIC COMMENT ON AN AGENDA ITEM:           No public comments were received.
2021-34     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the March 23, 2021 Regular
Meeting and the April 1, 2021 Special Meeting.
STAFF RECOMMENDATION:          To approve the minutes.
   B. Fireworks Display Permit for Muskegon Country Club      City Clerk
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 2, 2021 at the Muskegon Country Club, 2801
Lakeshore Drive. The fire Marshall will inspect the fireworks on the day of the
event.
STAFF RECOMMENDATION:           To approve the fireworks permit contingent on
inspection of the fireworks and approval of insurance.
   C. Muskegon Park Place Provisionary      City Clerk
SUMMARY OF REQUEST: Park Place Provisionary is proposing an event, Smoke

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on the Water, at 1922 Park Street on July 24, 2021 from noon to 8 pm that will
include live music.
A detailed outline of the event is attached. This is an on-site cannabis
consumption event. This is the first time this neighborhood has had live music so
staff is asking for approval of the live bands as well as permission for the Clerk to
sign the required attestation for the State. Staff met with the organizers to discuss
logistics and is satisfied with the plan as outlined.
STAFF RECOMMENDATION:         To authorize the Clerk to sign the attestation and
approve live music at 1922 Park Street on July 24, 2021.
   D. Lakeshore Creative Services Agreement Extension            City Clerk
SUMMARY OF REQUEST: The agreement with Lakeshore Creative Services is set
to expire in April. Because meetings have been held virtually for over a year, we
have not been able to take full advantage of these services. Staff is
recommending that we extend the agreement for one year and continue with
Lakeshore Creative Services.
STAFF RECOMMENDATION:          Approve the extension of the agreement with
Lakeshore Creative Services for one year.
   E. 2021 User Fee Update      Finance
SUMMARY OF REQUEST: City Departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution that
is attached for your consideration.
Key Updates:       (See highlighted items on the spreadsheet for all of the
                   changes)
   •   DPW Parks – Park Building Use (New Fees)
   •   DPW Parks – Highlighted Channel & Picnic fees have been lowered
   •   DPW Parks – Beach Parking Fees updated (previously approved by
       Commission)
   •   Farmers Market Corner Stall fees have been increased
   •   Special Events has added 5 new fees
   •   Ice Rescue Call increased to $60.00
   •   Western Market Fees added to the schedule for the first time
   •   City Code Compliance – Vacant Building Fees have been reduced
   •   Public Safety – Added a new fee for Short Term Rental Inspections
   •   Zoning has increased 8 fees
STAFF RECOMMENDATION:           Approval of the 2021 Master Fee Resolution.


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   F. Social District Permit Recommendation          Economic Development
SUMMARY OF REQUEST: The City Commission must recommend approval of the
Michigan Liquor Control Commission permits of participating licensed
establishments in the Downtown Muskegon Social District.
With the establishment of the Downtown Muskegon Social District, participating
licensed establishments must receive a Social District permit from the Michigan
Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. The attached
resolution is for PKT Twelve, Inc. dba Smash Wine Bar & Bistro which is also
seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential
participating licensees within the district. Other licensed establishments may file
a Social District permit application in the future.
STAFF RECOMMENDATION:         To approve the resolution recommending
Michigan Liquor Control Commission approval of Social District permits in the
Downtown Muskegon Social District and to direct the City Clerk to certify the
City Commission action with the MLCC.
   G. Muskegon Public Schools Recreation Grant Agreement CNS
SUMMARY OF REQUEST: To approve the Muskegon Public Schools Recreation
Grant Agreement.
The Muskegon Public Schools Youth Grant provides core values and life skills to
boys and girls through youth basketball leagues. The program runs 3-4 days a
week with Saturday game days and open gym for families on Sunday
afternoons.
AMOUNT REQUESTED:         $20,000      AMOUNT BUDGETED:          $20,000
STAFF RECOMMENDATION:       Approve the Muskegon Public Schools Youth
Recreation Grant Agreement.
   H. Municipal Senior Millage Funding       CNS
SUMMARY OF REQUEST: To approve the allocation of Municipal Senior Millage
Funding for the City of Muskegon programs.
The Power of Produce for senior citizens on Tuesdays at the Farmer’s Market on
behalf of the Clerk’s office. $15,000
Department of Public Works to cover ½ of costs for senior citizens for water line
replacements up to the cost. $30,000
Muskegon County Senior Millage Home Repair for city residents who may not
qualify for other programs. $44,640
Muskegon Senior Housing Assistance is designed to offer rental deposits to four
senior high-rise apartment locations: Bayview Towers, Berkshire, Hartford Terrace

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and Jefferson Towers. $5,000
AMOUNT REQUESTED:         $94,640     AMOUNT BUDGETED:          $94,640
STAFF RECOMMENDATION:           To authorize the allocation of the Municipal
Senior Millage Funds to four City programs: Department of Public Works,
Muskegon County Senior Millage Home Repair, Muskegon Senior Housing
Assistance and The Power of Produce.
   I. Sale of 602 Ada Avenue          CNS
SUMMARY OF REQUEST: To approve the sale of 602 Ada Avenue to Raysean
Holman.
Community and Neighborhood Services has completed an affordable housing
rehabilitation at 602 Ada Avenue and accepted an offer at the listed sales price
of $125,000 from a qualified buyer – Raysean M. Holman.
STAFF RECOMMENDATION:          To approve the sale of 602 Ada Avenue to
Raysean M. Holman.
   J. Sale – 240 Monroe Avenue        City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 240 Monroe to Daniel and Angela VanderKooi.
The city constructed this townhouse as part of the phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$182,500, and the incurred sales commissions are $12,775. The City will contribute
$2,500 toward closing costs.
STAFF RECOMMENDATION:       Authorize the City Manager to complete the sale
of 240 Monroe Avenue, as described in the purchase agreement.
   K. Sale – 250 Monroe Avenue        City Manager
SUMMARY OF REQUEST: City Staff is seeking authorization to sell the city-owned
home at 250 Monroe to Jeanne Smith.
The city constructed this townhouse as part of phase two of our infill housing
program. Our contract to construct the home was $164,470. We also
anticipated $11,512 in sales commissions. The accepted purchase price is
$179,900, and the incurred sales commissions are $12,593. The City will not
contribute funds toward closing costs.
STAFF RECOMMENDATION:       Authorize the City Manager to complete the sale
of 250 Monroe Avenue, as described in the purchase agreement.
   M. 2021 Goal Adoption       Development Services
SUMMARY OF REQUEST: Staff is seeking adoption of additional action items to
the original goals set in 2016.

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Staff and commissioners worked together over a 7-month time period to
develop focus areas, gather input from stakeholder groups, and create
additional action items to be added to the goals established in 2016. In August
2020, staff and commissioners started the goal development process by
determining focus areas and identifying stakeholder groups within those focus
areas. The next several months were spent gathering information from staff,
stakeholder groups, and the general public. At the January 2021 meeting, staff
and commissioners used the information gathered to develop priorities and
define a vision of success. Action items for each of the focus areas were
developed and shared at the March 2021 legislative Policy Committee meeting,
and the final draft is submitted for adoption.
In 2016, the four goals set were Housing, Image, Quality of Life, and Revitalizing
Revenues. Since Housing impacts all three of the other goals, it was included as
a focus area along with Social Equity, and Youth/Education. Action items for
each focus area and goal are outlined in the attachment.
STAFF RECOMMENDATION:            To adopt the 2021 action items.
   N. Placer.ai Software Subscription         Economic Development
SUMMARY OF REQUEST: The Economic Development Department has been
researching various data analysis platforms to help us answer some larger
socioeconomic questions regarding our population and workforce. Placer.ai
would allow the department to use anonymized GPS data from cell phones to
determine critical information to better understand our local economy.
The software proposed will allow our department to conduct research related to
economic development such as commuter trends, retail activity tracking,
shopper demographics, and commercial/industrial attraction projects. It will also
allow us to assist the city with other research, such as attendance information at
city festivals, the Muskegon Farmers Market, and to track location data for our
tourism industry. Another major benefit of this software will be oriented around
equity. For instance, we will be able to source who is shopping where, and
illustrate retail trends in all of our commercial corridors. This will allow us to see
who is benefitting economically in the city from various businesses, and where
we need to improve our programming and efforts. All of this data is anonymized,
and as a part of the subscription agreement we receive unlimited technical
support from Placer.ai staff. We have included some sample reports and
presentations that illustrate the benefits of this program in your packet. This
would be an unbudgeted expenditure that would be reflected in a reforecast
or budget amendment.
AMOUNT REQUESTED:         $16,000       AMOUNT BUDGETED:          0
FUND OR ACCOUNT:        Planning and Economic Development: Contracted
Services (101-80400-5346)


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STAFF RECOMMENDATION:            A motion to approve the subscription agreement
with Placer.ai for the term of one year as presented.
   P. Liquid Sodium Hypochlorite     Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to purchase liquid
sodium hypochlorite from Alexander Chemical.
The Water Filtration Plan uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water. Since 1996, the Water
Filtration Plant has solicited competitive bids for water treatment chemicals
jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights,
and Wyoming.
Bids were solicited for a one-year contract with the option to renew for two
additional one-year terms. Alexander Chemical’s bid has no price increases for
the duration of the contract and is overall the cheapest bidder for the three
years. Alexander Chemical has supplied the cooperative with liquid sodium
hypochlorite for many of the past several years. Both their product and their
service have been excellent, and staff recommends we continue with them as
our supplier.
                         Year 1 ($/ton)      Year 2 ($/ton)      Year 3 ($/ton)
Alexander Chemical       156.67              156.67              156.67
JCI Jones Chemicals      151.89              159.44              167.40
Olin Chlor Alkali        158.69              158.69              At renewal
     Products & Vinyls
The Water Filtration Plant has used an average of 456 tons of liquid sodium
hypochlorite the previous two fiscal years. Under the new contract this amount
would cost $71,441.52 annually. Liquid sodium hypochlorite is included in the
budget, but the actual amount spent will depend on water demand and
source water quality.
AMOUNT REQUESTED: $71,441.52 (estimate) AMOUNT BUDGETED: $72,864.00
FUND OR ACCOUNT:         591-60558-5219
STAFF RECOMMENDATION:        Authorize staff to participate in the treatment
plant purchase cooperative and purchase liquid sodium hypochlorite from
Alexander Chemical.
   Q. Sodium Hypochlorite Feed System        Public Works – Filtration
SUMMARY OF REQUEST: Staff is requesting authorization to contract with
Pressures & Pipes for complete replacement of the Water Filtration Plant’s
sodium hypochlorite plumbing.


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The Water Filtration Plant uses sodium hypochlorite in the production of drinking
water. The application of sodium hypochlorite is one of several crucial processes
used to inactivate or remove pathogens from the water.
The current sodium hypochlorite feed system was installed in 1997. Staff has
spent many hours over the last few years keeping this system running by
repairing leaks, replacing fittings, and clearing blockages. Most of the previous
repairs performed by staff were on redundant sections that were easily isolated
and repaired without affecting water production. Recently, leaks have
developed at an increasing rate. Problems have begun to develop in pipelines
that cannot be easily isolated and fixed. This feed system must be repaired for
continued water supply reliability.
The scope of the project includes replacing all existing PVC pipelines and fittings
used at the Water Filtration Plant for the application of sodium hypochlorite.
Pipes will be replaced throughout six buildings. This includes all plumbing to the
storage tanks, within the sodium hypochlorite room, and to five application
points throughout the plant.
Proposals were solicited from four qualified mechanical contractors with
experience in chemical pipelines. The proposal requires the selected contractor
to purchase, install, and test all materials. Alternate Bid #001 will not be
authorized for this project. Four proposals were received. Staff recommends this
project be awarded to the lowest bidder, Pressures & Pipes.
Pressures & Pipes        $134,500.00
Northern Boiler          $149,750.00
Hurst Mechanical         $186,306.00
Franklin Holwerda Co.    $349,000.00
This project was budgeted as part of the planned WMRWA-eligible capital
improvements at the Water Filtration Plant.
AMOUNT REQUESTED:        $134,500      AMOUNT BUDGETED:         $500,000
FUND OR ACCOUNT:         591-92034-5346
STAFF RECOMMENDATION:         Authorize staff to contract with Pressures & Pipes
to perform the replacement of the sodium hypochlorite chemical lines at the
Water Filtration Plant.
   R. Highway Aggregates, Materials, and Concrete        Public Works
SUMMARY OF REQUEST: Award supply of aggregates, highway maintenance
materials and concrete for 2021 to selected bidders.
Bids were solicited for aggregates, highway maintenance materials and
concrete for purchase in 2021. Purchases will be made from recommended
bidders listed in yellow on attached spreadsheets. Purchases are contingent

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upon product availability, timely deliveries, and prices as quoted.
AMOUNT REQUESTED:         Varies by fund
FUND OR ACCOUNT: 101, 202, 203, 590, and 591
STAFF RECOMMENDATION:       Award bids for aggregates, highway
maintenance materials and concrete purchases for 2021 as presented.
   T. Prein & Newhof Amendment           Public Works
SUMMARY OF REQUEST: Staff is requesting approval to finalize and approve
amendments to the Engineering Services Agreements with Prein & Newhof
related to the work completed on three (3) separate water and sewer
construction projects in 2020.
Prein & Newhof is requesting an amendment to the Engineering Services
Agreements from 2018 that covered the water/sewer projects completed
during 2020. There were a couple of minor design revisions requested by Staff,
however the bulk of the request is related to changes in the construction
engineering and administration portion of their work.
The original estimate of the time, equipment, and cost required to provide
construction oversight to the projects was completed at the time of the original
proposal in October of 2018. Due to various factors beyond the control of Prein
& Newhof the final cost to provide construction oversight for these projects in
2020 exceeded the original estimates completed in 2018.
The requested change falls within the 6% budgeted contingency for these
projects and as such does not require any revision to the already approved
budgetary amounts for the projects. All three projects are completed except for
final payments and were done so on time and on budget.
As a heads up a similar request to amend the Engineering Service Agreements
will likely be needed for the other two water/sewer projects (9th Street &
Spring/Yuba) that were started last year. 9th Street work is completed pending
final payment and was also completed on time and on budget. Spring Street
work will be wrapping up in the next 2 months and is also tracking to complete
on budget, though slightly later than originally anticipated.
Staff recommends approval of the amendment request as presented.
AMOUNT REQUESTED:         $100,500.00          AMOUNT BUDGETED:         $504,051.86
(Combined Request from all 3 projects)     (Combined Contingency from all 3 projects)
FUND OR ACCOUNT:                               FUND OR ACCOUNT:
590/591-91854 ($66,500)                        590/591-91854 ($349,653.33)
590/591-91855 ($16,100)                        590/591-91855 ($74,276.22)
590/591-91856 ($17,900)                        590/591-91856 ($80,122.31)

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STAFF RECOMMENDATION:          Authorize staff to finalize and approve
Amendments to the Engineering Services Agreements with Prein & Newhof for
the three (3) water/sewer projects outlined in the attached letter.
   U. Pere Marquette Swing Bench       Commission
SUMMARY OF REQUEST: Mayor Gawron is requesting Commission support to
allocate Park Funds towards the purchase and installation of a Swing Bench and
Plaque at Pere Marquette Park.
In following up with Landon on the swing set request for Pere Marquette Park,
staff has determined the only available option for installation of a swing set is to
install a swing set and an accessible safety surface. The cost for this work is
estimated $40K. As an immediate alternative, and while other options are
explored, I am suggesting that we authorize the purchase and installation of a
swing bench along with a plaque to be installed in one of the new bench pads
along Pere Marquette Park.
AMOUNT REQUESTED:         $2,127.69            AMOUNT BUDGETED:         0
FUND OR ACCOUNT:          101-70751-5346
STAFF RECOMMENDATION:       Authorize staff to purchase and install a Swing
Bench and Plaque at Pere Marquette Park in honor of Landon de la Rosa.
   V. Park Safety Surfacing     Public Works
SUMMARY OF REQUEST: Staff is seeking authorization to approve the purchase
of engineered wood fiber for playground safety surfacing at eight of our parks.
Many of our city parks currently utilize engineered wood fiber (EWF) to meet
safety surfacing requirements. The U.S. Consumer Product Safety Commission’s
standards set minimum depth requirements for EWF based on the height of the
structures in the park. City records indicate that our parks have not been
resupplied with EWF since the fall of 2017 and a recent walk through conducted
by city staff identified the need to refill the safety surfacing in many of our parks
as some areas are nearly five inches below minimum requirements.
In an effort to replenish our EWF surfacing and comply with safety standards, the
city is requesting permission to refill our playground safety surfacing for the
following parks; Marsh, Smith/Ryerson, Joe Clifford, Beachwood, Kruse, St.
Joseph, Reese, and Seyferth.
Staff proposes to engage with Superior Groundcover to refill the
aforementioned park safety surfacing areas to meet industry standards. Superior
Groundcover has supplied the city with EWF for years and is the preferred
vendor for this product. The cost for this is $18,917.50
AMOUNT REQUESTED: $18,917.50           AMOUNT BUDGETED:          $20,000.00
FUND OR ACCOUNT:          101-70751-5215

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STAFF RECOMMENDATION:         Authorize staff to approve the quote from
Superior Groundcover to provide EWF for our park playgrounds in the amount of
$18,917.50.
   W. Traffic Control Order     Traffic/Engineering
SUMMARY OF REQUEST: Approval of Traffic Control Order #66 for removal of
existing Traffic Signals and installation of “Stop” signs on Wickham Drive at
Sherman Boulevard.
To approve the submitted Traffic Control Order, #66-(2021) and authorize staff to
remove the existing Traffic Signals at Wickham Drive at Sherman Boulevard and
install “Stop” signs on the Northwest/Northeast and Southwest/Southeast corners
of Wickham Drive.
This topic was previously discussed at the September 2019 Work Session meeting
with support given towards removal of several unwarranted traffic signals
throughout the city limits.
STAFF RECOMMENDATION:           To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Order #66-(2021)
Motion by Commissioner Johnson, second by Commissioner Emory, to approve
the consent agenda as presented, minus item L, O, S, and X.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
            Nays: None
MOTION PASSES
2021-35     REMOVED FROM CONSENT:
   L. Lot Sales Hudson/Dowd Planning
SUMMARY OF REQUEST: Request to sell the properties at 2172 Dowd Street, 2182
Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban Ventures of
West Michigan, LLC for the construction of eight (8) duplexes.
The City-owned lot sale policy states that the buyer is to pay 75% of the true
cash value of the lots ($22,950), but that it will be reimbursed upon issuance of
certificate of occupancy for all eight units.
The policy also states that since they are building more than 3 units within 18
months, 100% of the water/sewer hook-up fees may be waived.
The water/sewer lines in this area need to be extended 230 ft to provide service
to these lots. Staff estimates these costs to be around $10,000. Staff recommends
charging the buyer half of this expense.
STAFF RECOMMENDATION:        To approve the request to sell the properties at
2172 Dowd Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson

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Street to Urban Ventures of West Michigan, LLC.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to approve the request to sell the properties at 2172 Dowd
Street, 2182 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street to Urban
Ventures of West Michigan, LLC
2nd Motion: Motion by Commissioner Johnson, second by Commissioner
Ramsey, to adjust the purchase agreement to not waive water/sewer
connection fees and to reimburse the builder for certain costs.
3rd Motion: Motion by Commissioner Rinsema-Sybenga, second by
Commissioner Emory, to table this item until the April 27, 2021 regular meeting.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
           Sybenga, and Emory
             Nays: None
MOTION PASSES
   O. Purchasing Policy Development Services
SUMMARY OF REQUEST: The Purchasing Policy Work Group is seeking approval
of a revised purchasing policy.
At the request of the Mayor, the Purchasing Policy Work Group has reviewed the
existing policy, talked with various departments throughout the city, and
presents a revised policy. Changes of note include:
The purchasing authority has been increased based on review of recent
purchases.
The process for correcting a bid was modified to limit liability.
The local preference has been modified.
Goals have been included for disadvantaged contractors.
Provisions to select vendors based on qualifications have been further outlined.
The use of prevailing wages has been modified.
Staff approval of change orders has been changed based on contingency
included in the budget.
Provisions for handling violations of the policy have been added.
STAFF RECOMMENDATION:            To approve the revised Purchasing Policy.
Motion by Commissioner Johnson, second by Commissioner Ramsey, to
approve the revised Purchasing Policy
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson


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            Nays: None
MOTION PASSES
   S. G & L Chili Dogs Concession Agreement – Various City Parks     Public
      Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a 1-year
Contractual Concession Agreement with William Silvey of G & L Chili Dogs at
various city parks for the 2021 season.
The Department of Public Works is requesting permission to enter into a 1-year
Contractual Concession Agreement, for 2021, with William Silvey of G & L Chili
Dogs, for a Concession at various City Parks, as outlined in their proposal. The
business will be operating a mobile food truck, per their proposal. Commission is
$1,000.00 and 5% of gross receipts annually.
STAFF RECOMMENDATION:      Authorize staff to enter into a 1-year Contractual
Concession Agreement with William Silvey of G & L Chili Dogs at various city
parks for the 2021 season.
Motion by Commissioner Johnson, second by Commissioner Emory, to authorize
staff to enter into a 1-year Contractual Concession Agreement with William
Silvey of G & L Chili Dogs, at various City Parks for the 2021 season.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   X. 425 Agreement Business Park North Removal/Acquisition of 902 Pine Street
      Economic Development
SUMMARY OF REQUEST: The department has been working with Muskegon
County for some time now as to their requested disposition of the 425 Shared
Jurisdiction Agreement at Business Park North. We have come to terms that
have been agreed upon by the County Commission and are for your
consideration.
Effectively, the City of Muskegon would remove the existing 425 Agreement
between the City, County, and Dalton Township. This would forego claims to
future income tax revenues sourced from any jobs created at this site for the
city, and so we determined that it was not in the best interest of the community
to simply agree to dispense of the agreement. We requested that the County
relinquish to us a roughly 1/3rd acre parcel at 902 Pine, which the county
acquired in 2013 for a parking lot they never built. This site was the former
location of a longstanding furniture store, then Pine Street Antiques which was
demolished by Muskegon County when they took possession of the lot. City staff
feel this lot would make a quality candidate for further workforce housing

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options in the community, and potentially some mixed use commercial as well.
The County would not trade the lot for free in exchange for removal of the 425,
so agreed to sell it for half of its appraised value, $24,000. The City countered by
requesting that they invest some or all of that revenue from the sale into the
paving of another gravel lot located across Pine Street from this lot which is
currently used by the County Sheriff’s Department for parking. The County
Administrator agreed to these terms. This will increase the curb appeal and
value for resale and development of the lot we wish to trade.
There are two excavation companies that have conditional purchase
agreements on much of the site at Business Park North. Accurate Excavation
and Ryerson Excavation have both requested to purchase acreage there in
order to build storage facilities for vehicles and potentially to store excess
materials and fill. As of now the County has informed us these are the only
development prospects they have for the sites. Staff has included the relevant
documents and records on the lot in your packet. Staff proposes to utilize the
Economic Development Fund (493) to acquire this lot, file the necessary Baseline
Environmental Assessments with EGLE, and the immediately outlay a Request for
Proposals to see the lot redeveloped. The expectation is that we would achieve
market value for the lot, which should be in the $50,000 range in the event it is
selected for a potential LIHTC development.
AMOUNT REQUESTED:         $24,000      AMOUNT BUDGETED: N/A (Capital Fund)
FUND OR ACCOUNT:          Economic Development Fund 493 (Current Balance
$687,000)
STAFF RECOMMENDATION:          To direct staff and legal counsel to prepare
necessary documents to remove the City of Muskegon from the 425 Shared
Jurisdiction Agreement at Business Park North, and to approve the purchase of
902 Pine Street as presented.
1st Motion: Motion by Commissioner Johnson, second by Commissioner
Rinsema-Sybenga, to direct staff and legal counsel to prepare necessary
documents to remove the City of Muskegon from the 425 Shared Jurisdiction
Agreement at Business Park North, and to approve the purchase of 902 Pine
Street as presented.
2nd Motion (amendment):       Motion by Commissioner Johnson, second by
Commissioner Emory, to make an inter-fund loan from our General Fund to our
Economic Development Revolving Loan Fund for $24,000 for the purchase of 902
Pine Street to be paid back upon the resale of the property.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
           and Ramsey
             Nays: None
MOTION PASSES

                                          Page 13 of 17
Vote on 1st Motion:
ROLL VOTE:        Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
                  Gawron, and Hood
                  Nays: None
MOTION PASSES
2021-36           UNFINISHED BUSINESS:
   A. Motion to Reconsider Amendment to Zoning Ordinance for 885 E. Apple
      Commissioner Emory
SUMMARY OF REQUEST: Commissioner Emory is requesting possible
reconsideration of the motion to amend the zoning ordinance for 885 E. Apple.
At the March 23, 2021 meeting there was a “Motion by Commissioner Johnson,
second by Commissioner Ramsey, to approve the request to amend Section
2331 of the zoning ordinance to expand the marihuana facilities overlay district
to allow for retail and provisioning license types at 885 E. Apple.
The vote on March 23, 2021 was as follows:
      ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, and Gawron
                  Nays: Ramsey, German, Emory, and Hood
      MOTION FAILS
1st Motion: Motion by Commissioner Emory, second by Commissioner Ramsey, to
reconsider an amendment to the zoning ordinance for 885 E. Apple Avenue.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, and
           Ramsey
             Nays: German
MOTION PASSES
2nd Motion: Motion by Commissioner Emory, second by Commissioner Johnson,
to approve the request to amend section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to allow for retail and
provisioning license types at 885 E. Apple Avenue.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
   B. *Rezoning Request – Dowd/Hudson – 2nd Reading
SUMMARY OF REQUEST: Request to rezone 2172 Dowd Street, 2184 Dowd Street,
2169 Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family

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Residential to Form Based Code, Urban Residential by Stephen Benedict.
The Planning Commission made a recommendation to this request at their
special meeting on Thursday, March 18, 2021.
STAFF RECOMMENDATION:          To approve the request to rezone 2172 Dowd
Street, 2184 Dowd Street, 2169 Hudson Street, and 2171 Hudson Street from R-1,
Low Density Single Family Residential to Form Based Code.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the request to rezone 2172 Dowd Street, 2184 Dowd Street, 2169
Hudson Street, and 2171 Hudson Street from R-1, Low Density Single Family
Residential to Form Based Code.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, and Rinsema-
           Sybenga
            Nays: Emory
MOTION PASSES
2021-37           NEW BUSINESS:
   A. Special Event Fee Waiver – Cheers Community Crawl       City Clerk
SUMMARY OF REQUEST: Every Woman’s Place is seeking a Special Event Fee
Waiver for their fundraising event on April 24, 2021.
Every Woman’s Place holds an annual fundraiser that has been impacted by
COVID. Their event has moved to the Olthoff Stage and is asking to utilize Third
Street between Western and Clay. They are asking their City fees be waived for
2021. Based on the needs of their event, we do not forsee any further costs for
their event. At this time, they have paid a $250 application fee.
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Every Woman’s Place to waive the $250 in special event fees for the
Cheers Community Crawl event in 2021.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the request from Every Woman’s Place to waive the $250 in special
event fees for the Cheers Community Crawl event in 2021.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
           and Johnson
            Nays: None
MOTION PASSES
   B. Special Event Fee Waiver – Footlights Fun Camp City Clerk
SUMMARY OF REQUEST: Muskegon Civic Theatre is seeking a Special Event Fee
Waiver for their theatre arts camps on July 19-23, July 26-30, and August 9-13,
2021.

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Muskegon Civic Theatre is looking to hold their theatre arts camp outdoors this
year due to COVID. This camp is a large revenue source for them and had to
cancel in 2020. They are asking their City fees be waived for 2021. Based on the
needs of their event, the estimated cost of their event is $2,980 ($750 Hackley
Park stage use for 15 days, $30 for two trash cans for three weeks, $300 for ten
picnic tables for three weeks, up to $1,800 in DPW personnel labor costs for
moving ten picnic tables six times and $100 application fee.)
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Muskegon Civic Theatre to waive up to $2980 in special event fees for the
Footlights Fun Camp in 2021.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
approve the request from Muskegon Civic Theatre to waive up to $2,980 in
special event fees for the Footlights Fun Camp in 2021
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           and Gawron
            Nays: None
MOTION PASSES
   C. Special Event Fee Waiver – Senior Community Day          City Clerk
SUMMARY OF REQUEST: Senior Market Group of Muskegon is seeking a Special
Event Fee Waiver for their free Senior Community Day on either August 5th or 6th,
2021.
The Senior Market Group of Muskegon holds a free community day for seniors
every year. In recent years they have held their event at a local high school but
due to COVID, they want to hold the event outdoors. They are asking their City
fees be waived for 2021. Based on the needs of the event, the estimated cost of
their event is $800 ($500 Hackley Park user fee, $100 for 20 trash cans, $100 for
two cases of trash bags, and $100 application fee.)
STAFF RECOMMENDATION:        To approve, approve in part, or deny the request
from Senior Marketing Group of Muskegon to waive $800 in special event fees
for the Senior Community event in 2021.
Motion by Commissioner Ramsey, second by Commissioner Rinsema-Sybenga,
to approve the request from the Senior Marketing Group of Muskegon to waive
up to $800 in special event fees for the Senior Community event in 2021 and to
approve the request from the American Cancer Society to waive up to $150 in
special event fees for the Relay for Life Luminaria Event.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
           Gawron, and Hood
            Nays: None


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MOTION PASSES
   D. Special Event Fee Waiver – Relay for Life     City Clerk
SUMMARY OF REQUEST: The American Cancer Society is seeking a Special
Event Fee Waiver for their Relay for Life Luminaria Memorial Event on June 5th,
2021.
The American Cancer Society holds a luminaria event as a memorial to those
who have lost their battle to cancer. Their revenue has been significantly
decreased during the pandemic and reducing their costs would help with their
mission. They are asking their City fees be waived for their 2021 event. Based on
the needs of their event, the estimated cost of their event is $150 ($50 Hackley
park Stage user fee and $100 application fee.
STAFF RECOMMENDATION:           Approve, approve in part, or deny the request
from the American Cancer Society to waive up to $150 in special event fees for
the Relay for Life Luminaria Event. (approval handled with previous item)
ANY OTHER BUSINESS:       City Manager, Frank Peterson, is seeking City
Commission support in providing 250 beach parking passes to the City of
Muskegon Heights and allowing our Community and Neighborhood Services
Director, Oneata Bailey, to work with her counterpart in the City of Muskegon
Heights to get those beach passes to low-moderate income families. The
Commission is supportive of this idea and program. Commissioner Johnson
would like to see this program available to all CDBG communities in Muskegon
County.
Commissioner Johnson would like an update on the parking expansion at Pere
Marquette Park and the new pathway. He asked where we are in the
application process of special project permitting from MDEGLE. The City
Manager advised that we will be working with Prism on this process.
Commissioner Johnson asks that a public hearing be held as part of the
planning commission as part of the project or plan review.
PUBLIC COMMENT:          Public comments were received
ADJOURNMENT: The meeting adjourned at 8:20 p.m.


                                            Respectfully Submitted,




                                            Ann Marie Meisch, MMC – City Clerk



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