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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 13, 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:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fire – Hurst EDraulic Ram Public Safety
C. Approval of Building Contract for 1025 E Forest Avenue Community and
Neighborhood Services
D. Purchase of the Home at 1188 4th Street Planning & Economic
Development
E. One Year Janitorial Services Extension Department of Municipal
Services
F. Mercy Health Easement DPW
G. State Revolving Fund, DEQ Loan Program, Engineering Costs DPW/Water
and Sewer
H. Purchase Agreement – 241 and 255 West Western, 1251 8th Street City
Manager
I. 880 First Selective Demolition, Abatement, and Site Prep City
Manager
Page 1 of 2
□ PUBLIC HEARINGS:
A. Recommendation for Annual Renewal of Liquor Licenses City Clerk
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Service Firearm Program Public Safety
B. Administrative Vehicle Replacement DPW/Equipment
C. Letter of Intent – 1000 West Western Avenue Sales Agreement 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: March 8, 2018
Here is a quick outline of the items on our agenda(s):
WORK SESSION
1. I would like to discuss the land purchase proposal we received on the city-owned parcels
at 241 West Western, 255 West Western, and 1251 8th Street. City staff has been working
with a housing developer that is interested in creating multifamily housing in Muskegon. After
careful consideration, the developer has identified these two parcels to make his initial $6
Million investment in Muskegon. The developer has offered $75,000 for all three parcels.
The first two parcels are 241-255 West Western. These two parcels currently contain 144
feet of buildable depth, however, city staff is limited to selling only 60 feet of that depth
(45 feet of which will be buildable) because of a parking lot that is being constructed on
the site. This leaves only a .23 acre development parcel. The parcel was originally provided
to the City by Parkland Properties as part of the Highpoint Flats Development after Parkland
decided not to fully-develop the site. Dusendang Custom Homes plans to build a three story
mixed-use building on the site. $67,500 of the purchase price is allocated to this property -
$293,478 per acre. This price is above the appraisal of the two parcels contained at 895 4th
Street the city had appraised last year (those two sites were appraised at $120,000/acre and
$140,000/acre, respectively). Additionally, the city sold a 1 acre parking lot on Western Ave
for $300,000 in 2016, which is in line with this purchase price on a per-acre basis. From an
assessing standpoint, this property carries an assessment of $64,700, however, we are only
proposing to sell 60 feet.
The second parcel is 1251 8th Street. Most of this 1.21 acre parcel has been in the city’s
ownership since 1960. The city recently procured a small section of the state right-of-way to
complete this property and make it buildable ($7,500). Dusendang Custom Homes plans to
build multi-unit housing on this site – likely row houses. Staff assigned $7,500 of the purchase
price to this parcel to recoup the investment made earlier this year.
I am looking for permission to enter into purchase agreements with Dusendang Custom
Homes, with a requirement that construction commence within 90 days on Western Ave
and that construction be complete on both sites within 18 months.
2. We have received selective demolition bids from three local demolition contractors to
prepare the Ameribank Building for redevelopment. In consultation with Port City
Construction (the current option holder) and other interested development partners, we
have identified the portions of the building that should be removed as well as those that
should remain intact. We are recommending that staff be authorized to reimburse Port
City Construction and Development Services up to $350,000 for selective demolition and
site preparation of the 880 First Street property. All of these expenses will be eligible for
brownfield reimbursement. Additionally, we anticipate the developer (currently Port City
Group) to reimburse these costs to the city as part of the final purchase agreement. Staff
feels that this is an important step in demonstrating positive action on the site and
preparing it for redevelopment.
3. We will discuss the Police Department’s move from employee-owned and maintained
service firearms to city owned and maintained service firearms.
4. We will have a discussion on the opt-in related to MMFLA.
REGULAR MEETING
1. 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. Approval of the purchase of a Hurst EDraulic Ram for the Muskegon Fire
Department.
c. Approval of the building contract for 1025 East Forest. This is an income based
affordable housing rehabilitation project being undertaken by CNS.
d. Approval of the purchase of 1188 4th Street. This home has been an issue for the
Nelson Neighborhood for a number of years. As we continue to make plans for
the second phase of Mid Town Square, this home has stood out as a potential
barrier to the success of the project. We have worked out a tentative purchase
arrangement with the owner of this multi-unit rental property to sell the property
to the city for $85,000 plus closing costs. This purchase price is in line with the
2018 SEV. Staff plans to undertake light renovation work to the property and likely
convert is back to a single family home.
e. Approval of a one-year janitorial contract service extension. This organization has
been providing this service to the city in a satisfactory manner for a number of
years. The employees are very-much part of our team, and we would like to
continue the relationship.
f. Approval of an easement along city property to accommodate access to Mercy
Health’s employee parking lot behind the new hospital. We are encouraging
hospital staff to access the site via Laketon Ave to help alleviate traffic on Sherman
– this easement will facilitate that effort.
g. DPW is seeking approval to incur up to $55,000 engineering costs associated with
the State Revolving Loan Fund. These costs are related to the projects that were
identified as part of the SAW Grant process.
h. Sale of 241 Western Ave, 255 Western Ave, and 1251 8th Street to Dusendang
Custom Homes. This is the action item carried over from the work session. I plan
to invite Mr. Dusendang to the meeting – he should have some conceptual drawings
ready for the Western Ave parcels to share at the meeting.
i. 880 First Street Demolition and Site Prep. This item was on the work session agenda.
We are seeking authorization to reimburse Port City Construction up to $350,000 in
selective demolition and site preparation costs associated with preparing 880 First
Street for redevelopment.
2. Under Public Hearings, we will be taking input on the following:
a. Recommendation for annual renewal of liquor licenses. We are finalizing the list
of renewals and non-renewals, but expect there to be very few license holders
with issues significant enough to result in a local recommendation to not renew.
3. Under the New Business, we are asking the Commission to consider the following:
a. Service Firearm Program. This is also a carryover from the work session. The goal
is to transition all of our service arms to city-owned and maintained.
Let me know if you have any questions/comments/concerns
Date: March 7, 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 February 27, 2018
Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 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, February 27, 2018. Mr.
George Monroe from Evanston Avenue Baptist 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, Willie German, Jr., and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and Deputy City Clerk
Kimberly Young.
Absent: Vice Mayor Hood
2018-10 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 12, 2018
Worksession Meeting and the February 13, 2018 Regular Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Sanitary Sewer Improvements Department of Public Works
SUMMARY OF REQUEST: Authorize staff to sign the Professional Service
Agreement Amendment to the previously approved, Oak Grove and Clay Hill
Sanitary Sewer Improvements Agreement. The $14,900 in additional costs are for
survey, drafting, construction staking and property iron replacement. This work
was not required in the original project scope.
FINANCIAL IMPACT: Total Cost $14,900
Page 1 of 7
BUDGET ACTION REQUIRED: It has been included in the 2nd quarter reforecast.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Prein & Newhof pending Commission approval of the 2nd quarter reforecast.
D. 2018 Dozer Rental for Beach Leveling Department of Public Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a rental
agreement with Contractors Rental Corporation out of Grand Rapids, Michigan,
for a John Deere 850K WLT Dozer for leveling sand at Pere Marquette Beach.
FINANCIAL IMPACT: Estimated cost for the 2018 Dozer rental is $9,450 (which
includes $450 for delivery and pickup).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the request.
E. 2018, 2019 and 2020 Street Sweeping Contract Department of Public
Works
SUMMARY OF REQUEST: To award a three-year contract to provide four annual
street sweepings to Tri-Us Services, Inc. out of Kent City, Michigan.
FINANCIAL IMPACT: Cost will be $269,349 each year; $808,047 over the
course of the contract. Excludes special requests charged at $150/hour.
BUDGET ACTION REQUIRED: None; monies appropriated in Highway and
State Trunkline budgets.
STAFF RECOMMENDATION: Approval of this request.
G. Fleet Replacement Vehicle Department of Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one Chevy Pickup Truck from Betten Chevrolet, the lowest qualified
bidder. The price of this purchase is $33,975.00 coming from the Equipment
budget.
FINANCIAL IMPACT: $33,975.00
BUDGET ACTION REQUIRED: None. This is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase one Chevy Pickup
Truck from Betten Chevrolet.
H. Approval of a Neighborhood Enterprise Zone Certificate – 339 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Amy and William Hosford for the new
construction of a home at 339 Terrace Point Circle. The estimated cost for
construction is $518,978. The applicant has met local and state requirements for
the issuance of the NEZ certificate.
Page 2 of 7
FINANCIAL IMPACT: Taxation will be applied as one-half of the previous
year’s state average principal residence millage rate to the value of the facility.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the NEZ Certificate.
I. Approval of a Neighborhood Enterprise Zone Certificate – 329 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Andrew Maciejewski for the new
construction of a home at 329 Terrace Point Circle. The estimated cost for
construction is $395,000. The applicant has met local and state requirements for
the issuance of the NEZ certificate.
FINANCIAL IMPACT: Taxation will be applied as one-half of the previous
year’s state average principal residence millage rate to the value of the facility.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the NEZ Certificate.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, except Item B, F, and J.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
ITEMS REMOVED FROM CONSENT AGENDA:
B. Approve Changes to Priority Home Repair and Vinyl Siding Program Rules
Community and Neighborhood Services
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
change Priority Home Repair and Vinyl Siding Programs. Changes are to raise
the income limits to the 80 percent AMI, remove the depreciation of the five
year lien and lower the service limitation from ten years to six years.
PRIORITY HOME REPAIR PROGRAM
Current Program Proposed Changes
Application Fee – None $60 for 51-80% AMI
PRIORITY HOME REPAIR PROGRAM AND VINYL SIDING PROGRAM
Current Program Proposed Changes
Liens Placed on Property - $3500+ $1500+
FINANCIAL IMPACT: This allows us to help more home owners with CDBG
Page 3 of 7
funds.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The proposal has already been approved
by the Citizen’s District Council at their February 6, 2018 meeting.
Motion by Commissioner Warren, second by Commissioner German, to approve
changes to the priority home repair and vinyl siding program rules.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
F. Tahoe Police Cruiser Department of Public Works/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one Chevy Tahoe from Berger Chevrolet the State Mi-Deal Contract
holder. The price of this purchase is $35,246.00 coming from the Equipment
budget.
FINANCIAL IMPACT: $35,246.00
BUDGET ACTION REQUIRED: None. This is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase one Chevy Tahoe
from Berger Chevrolet.
Motion by Commissioner German, second by Commissioner Warren, to
authorize staff to purchase one Chevy Tahoe from Berger Chevrolet.
ROLL VOTE: Ayes: Gawron, Warren, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
J. Vacation of Market Street Between Western Avenue and Terrace Street
Planning & Economic Development
SUMMARY OF REQUEST: Staff is requesting to vacate Market Street between
Western Avenue and Terrace Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the street.
COMMITTEE RECOMMENDATION: The Planning Commission recommended in
favor to vacate the street by a 6-0 vote, with three members absent.
Page 4 of 7
Motion by Commissioner German, second by Commissioner Johnson, to vacate
Market Street between Western Avenue and Terrace Street.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2018-12 PUBLIC HEARINGS:
A. Request for the Establishment of an Industrial Development District at 895
4th Street Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Pigeon Hill Brewing Company, LLC, has requested the establishment of an
Industrial Development District at 895 4th Street. The establishment of the district
will allow the company to become eligible for Industrial Facilities Tax
Abatements.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the establishment of the Industrial
Development District.
PUBLIC HEARING COMMENCED: No public comments.
Motion by Commissioner Warren, second by Commissioner Johnson, to Close
the Public Hearing and Establish the Industrial Development District at 895 4th
Street.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate – Pigeon Hill
Brewing Company, LLC Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Pigeon Hill Brewing Company, LLC, has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company will be investing $1,250,000 in
real property at their new location at 895 4th Street. The investment is expected
to create up to 10 jobs.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
Page 5 of 7
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 10 years for real property.
PUBLIC HEARING COMMENCED: Darrell Todd, who works on countywide
economic development for Muskegon Area First told the commission that they
are in support of this project.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to Close the Public Hearing and approve the resolution granting an Industrial
Facilities Exemption Certificate for a term of 10 years for real property for Pigeon
Hill Brewing Company, LLC.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Warren
Nays: None
MOTION PASSES
2018-13 NEW BUSINESS:
A. Second Quarter 2017-18 Budget Reforecast Finance Director
ITEM REMOVED PER STAFF REQUEST
B. Transition to GLOCK Service Firearm (9mm) Public Safety
ITEM REMOVED PER STAFF REQUEST
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
496 Octavius Street (Garage Only)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure is unsafe,
substandard, a public nuisance and that it be demolished within 30 days. 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 a contract for demolition with the lowest responsible
bidder or staff may issue infraction tickets to the owner, agent or responsible
party if they do not demolish the structure.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish the garage structure only on the property.
Motion by Commissioner Johnson, second by Commissioner German, to concur
with the Housing Board of Appeals decision to demolish the garage structure
only on the property.
Page 6 of 7
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Johnson addressed the release of the
winter parking ban and, with commission support, suggested a one week grace
period for issuing citations.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:35 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
Page 7 of 7
COMMISSION MEETING DATE: March 13th, 2018
Date: March 6th, 2018
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Fire – Hurst EDraulic Ram
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the amount of
$17,130.00; for the purchase of two (2) Hurst EDraulic (R421E2) Ram tool with 4 EXL lion
batteries and charging units. The Muskegon Fire Department antiquated hydraulic “Ram”
tool is in disrepair and outside the scope of service life. The two (2) Ram tools will be
utilized in critical lifesaving situations for efficient extrications, and to compliment our battery
operated Hurst “Spreader”, and “Cutting” Tools (see attached bid form)
FINANCIAL IMPACT:
Negative Impact on Fire Budgeted
BUDGET ACTION REQUIRED:
No action at this time (to be reviewed in the third quarter forecast)
STAFF RECOMMENDATION:
Staff recommends approval of Two (2) Hurst EDraulic Ram Tools
Commission Meeting Date: March 13, 2018
Date: March 6, 2018
To : Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE : Approval of Building Contract for 1025 E Forest Ave
____________________________________________________________________________________________
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
1025 E Forest Ave to Custom Exteriors, for the City of Muskegon’s Homebuyers
Program through CNS.
CNS received 3 bids as listed on the attached sheet; the cost estimate from our
spec writer was $64,750.
FINANCIAL IMPACT: The funding for this project has been secured with 2017
HOME Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award Custom Exteriors the rehabilitation
contract for 1025 E Forest; in the amount of $ 61,051.00, for the Community and
Neighborhood Services Office.
COMMITTEE RECOMMENDATION: None required.
Community and Neighborhood
Services
MEMO City of Muskegon
933 Terrace
Second Floor
Muskegon, MI 49442
Ph: 231-724-6717
Fax: 231-726-2501
Date: February 28, 2018
To: Bidders regarding 1025 E Forest Ave
From: Oneata Bailey, Director
Community and Neighborhood Services
City of Muskegon
Re: Bid Results
Community and Neighborhood Services received the following bid proposals:
CONTRACTOR Total Bid Price*
Custom Exteriors $61,051
Nassau Construction LLC $61,100
TK Construction $88,816
*Without alternative bids.
The City of Muskegon reserves the right to accept or reject any and all bids. The City
of Muskegon is also not restricted to accept the lowest bid.
We appreciate everyone’s interest in being a part of the City of Muskegon’s
neighborhood revitalization efforts. The selected bidder will be contacted in the next
few days.
OB
Commission Meeting Date: March 13, 2018
Date: March 8, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Purchase of the home at 1188 4th St
SUMMARY OF REQUEST:
Staff is requesting approval to purchase the home at 1188 4th St for $85,000 plus closing costs.
The seller is also requesting that the City pay the outstanding 2017 and 2018 taxes and the
transfer taxes. This property is important for the redevelopment of the area, including the next
phase of Midtown Square homes.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To allow the City Manager to enter into a purchase agreement with the seller.
COMMITTEE RECOMMENDATION:
None
1
Agenda Item No.
Date: March 13, 2018
To: Honorable Mayor and City Commission
From: Department of Municipal Services
RE: One Year Janitorial Services Extension
________________________________________________________
SUMMARY OF REQUEST:
Extend the current janitorial services contract with Reliant
Professional Cleaning for City Hall and the Public Service Building for
one year through April 30, 2019.
FINANCIAL IMPACT:
Cost will be $35,280.00 for City Hall and $12,156.00 for Public
Service Building through April 30, 2019.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval of the one year extension with Reliant Professional
Cleaning Services to provide cleaning services through April 2019.
Date: March 13, 2018
To: Honorable Mayor and City Commissioners
From: Department of Municipal Services
Subject: Janitorial Services
Reliant Professional Janitorial Services has provided cleaning service
to City Hall and the Public Service Building for the past 12 years.
Reliant has expressed interest in continuing with the current service
at the same rate for another year. Cost will be $35,280.00 for City
Hall and $12,156.00 for Public Service Building through April 30,
2019.
Staff is requesting permission to extend the agreement with Reliant
Professional Janitorial services for another year.
Thank you for your consideration.
(L/DPW/Bids/2018…)
Date: 2/26/2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Mercy Health Easement
SUMMARY OF REQUEST:
Mercy Health has requested an easement for ingress/egress across city property at the
end of Harvey Street for access to a newly constructed employee parking lot.
Maintenance, repairs and snowplowing for the easement property are the sole
responsibility of Mercy Health, and maintenance and repair work require prior approval
by the city.
Staff request that the easement be approved for signature.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the easement for signature.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\031318\11a_Commission Request Mercy
Easement.doc
EASEMENT AGREEMENT
This Access Easement Agreement (“Agreement”) is effective _________________, 2018
(“Effective Date”), between City of Muskegon, a Michigan municipality, of 933 Terrace Street,
Muskegon, MI 49440 (“City”), and Mercy Health Partners, dba Mercy Health Muskegon, a Michigan
nonprofit corporation, of 1500 East Sherman Boulevard, Muskegon, MI 49444 (“Mercy”), with reference
to the following facts.
Background
A. City owns the certain real estate located in the City of Muskegon, Muskegon County,
Michigan, and legally described on Exhibit A (the “City Parcel”).
B. Mercy wishes to use a portion of the City Parcel to access a parking lot on the property
adjacent to the City Parcel that is owned by Mercy and located in the City of Muskegon, Muskegon
County, Michigan, and being identified as Tax Parcel Nos. 61-24-133-400-9991-00, 61-24-133-400-
0028-00 (collectively, the “Mercy Parcel”). The City Parcel and the Mercy Parcel are depicted on the
Survey attached as Exhibit B.
C. The easement described above would allow Mercy and its employees to access the Mercy
Parcel from Harvey Street to the north of the parking lot.
D. City is willing to grant to Mercy the easement (“Easement”), as depicted on Exhibit B, to
allow Mercy to use a portion of the City Parcel for reasonable access to and from the Mercy Parcel.
Agreement
1. Establishment of Easement. By this Agreement, City creates and grants to Mercy a
perpetual, non-exclusive access easement over a portion of the City Parcel for the benefit of the Mercy
Parcel (the “Easement”), as depicted on the Survey attached as Exhibit B (the “Easement Property”).
2. Purpose of Easement. The Easement shall be used only for the purpose of providing
pedestrian and vehicular ingress and egress between the City Parcel and the Mercy Parcel.
12406976
3. Maintenance and Use of Easement. At all times, Mercy shall use and maintain the
Easement Property in such a way that shall not unreasonably interfere, in City’s sole but reasonable
judgment, with City’s normal and customary use of the City Parcel. Mercy will, at its sole cost and
expense, perform any and all work (including maintenance, repairs, and snowplowing) that may be
required to make the Easement Property available for ingress and egress, but no substantial maintenance
or repair work shall be done without first having been approved in writing by City, which approval shall
not be unreasonable withheld, conditioned, or delayed.
4. Intentionally deleted.
5. Indemnification.
a. Mercy agrees to assume all risk and expense relating to use by Mercy, and its
principals, agents, employees, contractors, subcontractors, guests, or invitees of the Easement
Property, and to the fullest extent permitted by law, indemnifies and agrees to defend and hold
harmless City and City’s agents and employees from and against any and all liabilities, damages,
claims, costs, and expenses whatsoever (including reasonable attorney’s fees, court costs, and
disbursement) arising out of or in connection with the Easement or Mercy’s use of the Easement
Property. The indemnification obligations of Mercy set forth in this Agreement shall remain
operative and in full force and shall survive the execution and performance hereof and the
expiration or earlier termination of the rights and obligations created by this Agreement.
b. City agrees to assume all risk and expense relating to use by City, and its agents,
employees, contractors, subcontractors, guests, or invitees of the Easement Property.
6. Insurance. Throughout the term of this Agreement, Mercy, at Mercy’s sole cost and
expense, shall maintain commercially reasonable insurance on the Easement Property in Mercy's
reasonable discretion. Mercy shall, upon request, deliver proof of such insurance to City.
7. Reservation by City. City reserves all rights of ownership in and to the City Parcel
which are not inconsistent with this Agreement, including, without limitation, the right to require Mercy
to relocate its access easement, upon reasonable notice and at City's cost and expense, and the right to
grant further easements over the City Parcel. City further reserves the right to use the City Parcel for all
uses not materially and adversely interfering with the Easement. Nothing herein contained shall create or
be construed to have created any other right, interest, privilege, or license in or to any portion of the City
Parcel, other than as expressly set forth herein.
8. Intentionally deleted.
9. Warranty. The parties warrant that they have the right and authority to enter into this
Agreement.
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10. General Provisions.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.
b. Notices. All notices and other correspondence required or permitted by this
Agreement must be in writing and will be considered given (1) when deposited in the United
States mail, with postage fully prepaid, or (2) when delivered to a document delivery service,
with arrangements made for payment of delivery costs, in either case using the last known
address of the recipient, or (3) on the date of hand delivery to an officer or director of the
recipient. Any notice to City must be delivered to the City Clerk. Any notice to Mercy shall be
delivered to the following:
Mercy Health Partners
200 Jefferson Avenue, SE
Grand Rapids, MI 49503
Attn: Director of Real Estate
With a copy to:
Trinity Health-Michigan
20555 Victor Parkway
Livonia, MI 48152
Attn: General Counsel
c. Entire Agreement. This Agreement and its attachments contain the entire
understanding between the parties as to this Easement.
d. Binding Effect. This Agreement shall be binding upon and shall benefit the
parties, and their successors and assigns.
e. Interest in Realty. The Easement granted hereby shall be an interest in realty that
runs with the land.
f. Non-Waiver. No waiver by any party of any provision of this Easement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of this Easement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
[Signature page to follow]
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This Agreement was executed by the parties on the date set forth above.
CITY OF MUSKEGON
a Michigan municipality
By: _________________________
Name: Stephen J. Gawron
Its: Mayor
By:____________________________
Name: Ann Marie Meisch
Its: Clerk
STATE OF MICHIGAN )
COUNTY OF MUSKEGON )
Acknowledged before me in Muskegon County, Michigan, on _____________, 2018, by
Stephen J. Gawron and Ann Marie Meisch, the Mayor and Clerk, respectively, of the City of Muskegon, a
Michigan municipality, on behalf of the municipality
___________________________________
_______________________, Notary Public
________________County, Michigan
My Commission Expires: ______________
Acting in Muskegon County, Michigan
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MERCY HEALTH PARTNERS,
a Michigan nonprofit corporation
By: ___________________________
Name: Michael Gusho
Its: Chief Financial Officer
STATE OF MICHIGAN )
COUNTY OF MUSKEGON )
Acknowledged before me in Muskegon County, Michigan, on ____________, 2018, by
Michael Gusho, Chief Financial Officer, Mercy Health Partners, a Michigan nonprofit corporation, on
behalf of the corporation.
___________________________________
_______________________, Notary Public
________________County, Michigan
My Commission Expires: ______________
Acting in Muskegon County, Michigan
Prepared by and when recorded return to:
John C. Schrier
Parmenter O’Toole
P.O. Box 786
Muskegon, MI 49443-0786
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Exhibit A
Legal Description
Land situated in the City of Muskegon, County of Muskegon, Michigan, more particularly described as:
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Exhibit B
Survey
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12406976
Date: February 22, 2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works, Water and Sewer
RE: State Revolving Fund, DEQ Loan Program, Engineering Costs
SUMMARY OF REQUEST:
Authorize Staff to enter into an agreement with Prein & Newhof to develop a Project Plan
for the City’s sanitary sewer system, which is required to apply for a low interest State
Revolving Fund (SRF) loan from the MDEQ. With the completion of the SAW (Stormwater,
Asset Management, and Wastewater) Grant work, the City is in a position to take
advantage of the MDEQ loan program which provides funding to address the failing
infrastructure discovered during the asset inventory. Our city’s demographics may allow
us to receive some principal forgiveness.
Prein & Newhof is being recommended since they managed the SAW Grant work and
have familiarity with the needs of our sanitary system. The engineering cost is a “not to
exceed” $55,000.
FINANCIAL IMPACT:
The total cost of engineering services is $55,000 to be covered by City’s sewer fund.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize Staff to enter into an agreement with Prein & Newhof for engineering services to
develop a SRF Project Plan for the City’s sanitary sewer system.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: March 7, 2018
RE: Purchase Agreement – 241 and 255 West Western, 1251 8th Street
SUMMARY OF REQUEST:
City staff has been working with a housing developer that is interested in creating multifamily housing
in Muskegon. After careful consideration, the developer has identified three parcels: 241 West
Western, 255 west western, and 1251 8th Street.
FINANCIAL IMPACT:
$75,000 minus closing costs – deposited to the City’s Public Improvement Fund
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To authorize the city manager to negotiate a purchase agreement with Dusendang Custom Homes for
$75,000, providing 60 days of due diligence for the purchaser and up to 18 months for the completion of
the projects.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: March 7, 2018
RE: 880 First Selective Demolition, Abatement, and Site Prep
SUMMARY OF REQUEST:
City staff is seeking permission to begin selective demolition of the five story office building located
at 880 First Street. Three bids were received, with the lowest responsible bidder being Melching, Inc.
Staff is seeking approval to reimburse Port City Construction up to $350,000 to undertake the selective
demolition, abatement, and site preparation.
FINANCIAL IMPACT:
Not to exceed $350,000
BUDGET ACTION REQUIRED:
None at this time – the expense will be documented in the 3rd Quarter Reforecast.
STAFF RECOMMENDATION:
To authorize the city manager to reimburse Port City Construction up to $350,000 in selective demolition,
abatement, and site preparation costs at 880 First Street.
COMMITTEE RECOMMENDATION:
Bid Package
Selective Demolition & Abatement
February 15, 2018
Port City Construction is soliciting proposals for the Selective Demolition &
Abatement of an existing building commonly known as the Ameribank Building
located at 880 First Street, Muskegon, MI. The attached documents are
intended to help guide your scope of work. Contractor is responsible for visiting
the job site to ensure compliance with the above referenced and in providing a
complete proposal. The building structure is concrete encased steel. The intent
is to strip back all finishes down to the deck and column structure at each level.
The Base Bid for Abatement will include ALL work. The Base Bid for Selective
Demolition will include all work except the Lower Level. Alternate #1 will cover
the lower level work. The building has been unoccupied for over ten years.
Building utilities have been disconnected for a similar amount of time.
This package includes Selective Demolition of the various finishes and MEP
infrastructures as identified herein. In addition, Abatement of Hazardous
Materials as identified in the attached survey is a part of this scope of work. All
work is to be completed in accordance with any and all local, state and federal
codes, laws, standards, etc..
The intent is to complete the abatement work in it's entirety prior to beginning
any demolition. Where and as appropriate, selective demolition and abatement
can be conducted simultaneously. Work is expected to be completed from top
to bottom utilizing an existing mechanical chase within the building.
1. Include all prep work necessary to properly complete the scope of work as
intended.
2. Remove and properly dispose of all items.
3. Follow all MiOSHA Rules and Regulations.
4. Maintain a secure site at all times.
5. Roof Top Equipment is to be removed down to supporting structure. Air
handlers are to be removed from site. Existing Chiller is to be placed on
grade for owner's use. Clear balance of mechanical chase to first floor deck
for use as a debris chute.
6. Fifth Floor
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
360 W. Western Avenue, Suite M, PO Box 732, Muskegon, MI 49443 - Voice 231.571.9501
c. Remove all interior walls. Stairwells and elevator shaft to remain intact
d. Remove floor coverings. Terrazzo to remain
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety.
f. Remove electrical systems in their entirety.
g. Remove exterior wall systems.
h. Remove Exterior stone panels
i. Cover all holes to MiOSHA Standards
7. Fourth Floor
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
c. Remove all interior walls. Stairwells and elevator shaft to remain intact
d. Remove floor coverings. Terrazzo to remain
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety.
f. Remove electrical systems in their entirety.
g. Remove exterior wall systems.
h. Remove Exterior stone panels
i. Cover all holes to MiOSHA Standards
8. Third Floor
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
c. Remove all interior walls. Stairwells and elevator shaft to remain intact
d. Remove floor coverings. Terrazzo to remain
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety.
f. Remove electrical systems in their entirety.
g. Remove exterior wall systems.
h. Remove Exterior stone panels
i. Cover all holes to MiOSHA Standards
9. Second Floor
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
c. Remove all interior walls. Stairwells and elevator shaft to remain intact
d. Remove floor coverings. Terrazzo to remain
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety.
f. Remove electrical systems in their entirety.
g. Remove exterior wall systems.
h. Remove Exterior stone panels
i. Remove railing at exterior overhang
j. Remove roofing systems at overhang / walkway. Include roof drain(s)
in this area.
k. Remove furnishings, pavers and equipment, fixed and otherwise, at
main single story roof.
l. Cover all holes to MiOSHA Standards
2 Ameribank Selective Demolition – 880 First Street
10. First Floor
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
c. Remove remaining interior walls. Stairwells and elevator shaft to
remain intact
d. Remove floor coverings. Terrazzo to remain
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety.
f. Remove electrical systems in their entirety.
g. Remove exterior wall systems.
h. Remove Exterior precast panels.
f. Cover all holes to MiOSHA Standards
11. Alternate #1 - Lower Level
a. Remove furniture, fixed or otherwise
b. Remove ceiling systems. Include support/hanging components
c. Remove metal stud walls. Stairwells and elevator shaft to remain
intact. Masonry construction to remain intact
d. Remove floor coverings.
e. Remove plumbing systems in their entirety. Roof drains to remain
f. Remove mechanical systems in their entirety. Elevator systems
demolition by others.
f. Remove electrical systems in their entirety. Coordinate demolition of
main distribution with owner and Consumers Power.
g. Systems in place to access varying floor elevations at lower level are to
remain.
h. Cover all holes to MiOSHA Standards
i. At east end of property, excavate ramp to lower level elevation in order
to facilitate the removal of debris at this level. Include foundation wall
removal and temporary construction in order to maintain a secure site.
Site restoration in this area will be by others.
Documents included:
1. Floor plans for reference only.
2. Elevation cut for information only
3. Hazardous Material Survey
4. Unit Pricing
Hazardous Material Abatement Complete Base Bid $____________
Selective Demolition Base Bid $____________
Alternate #1 Bid $____________
Firm Name:
Firm Rep:
Proposals are due in Port City Construction’s office no later than 5:00
pm on Wednesday, February 28.
3 Ameribank Selective Demolition – 880 First Street
Date: March 7, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Recommendation for Annual Renewal of Liquor
Licenses
SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 50-146 and 50-147 of the Code of Ordinances for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 13, 2018, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
RESOLUTION RECOMMENDING STATE WITHHOLD
RENEWAL OF LIQUOR LICENSES FOR CODE
VIOLATIONS
Resolution #
THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the
attached business establishments in the City of Muskegon have liquor licenses and are found to be
in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of
Muskegon.
AND WHEREAS, a hearing was held on March 13, 2018, before the City Commission to allow
such licensees an opportunity to refute the determination of the City Commission that such
establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission; and
WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-Compliance to
City Standards to the licensees has been filed;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon
hereby recommends that these liquor licenses not be approved for renewal, and a copy of this
Resolution be sent to the State Liquor Control Commission. If any of these establishments come
into compliance by March 14, 2017, they will be removed from this Resolution.
Approved and adopted this 13th day of March, 2018.
AYES:
NAYS:
By:_________________________________
Ann Marie Meisch, MMC
City Clerk
COMMISSION MEETING DATE: March 13, 2018
Date: March 7, 2018
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Service Firearm Program
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the amount of
$49,962.10; for the purchase of department issued primary hand guns for all Muskegon
sworn police officers. This firearms platform proposed (GLOCK 17 Gen 5 pistol), will
replace our current system where officers purchase and attempt to maintain a primary duty
weapon at their expense, which has been less than successful. Muskegon Police Officers
currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options (POLC
contract). This firearm is expensive to purchase, and the use of three (3) options of
ammunition is costly for the department and can present logistical issues in the field.
Allowing different caliber(s) in primary service weapons is not recommended and
ammunition is not interchangeable in the handguns, again causing logistical issues. Our
proposed platform increases officer safety, efficiency with the move to a one (1) caliber
system (9mm) department wide for the proposed primary duty weapon. The department will
own, maintain, issue, and check-in firearms and support equipment as officers pass through
our department from hire to retirement.
FINANCIAL IMPACT:
None – GF Budgeted
BUDGET ACTION REQUIRED:
Firearm & support equipment proposed platform will be funded by the Drug Forfeiture Fund
STAFF RECOMMENDATION:
Staff recommends approval of this platform to update, enhance the department with primary
service pistol and supporting equipment.