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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 25, 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. Fleet Vehicle Replacement – Chevy 1 Ton 3500 Cab and Chassis
DPW/Equipment
C. Fleet Vehicle Replacement – Chevy Colorado Pickup DPW/Equipment
D. Fleet Vehicle Replacement – 2019 International Plow Truck Cab and
Chassis DPW/Equipment
E. Fleet Vehicle Replacement – Three (3) Chevy ½ Ton Pickups
DPW/Equipment
F. Resolution of Authority to Sign Street Lighting Contracts with Consumers
Energy Department of Public Works
G. Resolution for Designation of Street Administrator Department of Public
Works
H. Remembrance Drive Construction and Maintenance Engineering
I. Termination of Purchase and Option Agreement – Port City Construction
City Manager
□ PUBLIC HEARINGS:
Page 1 of 2
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
2084 Morton Avenue (garage only)
987 E. Forest Avenue (garage only)
B. DDA On-Premise Liquor License for Rolf’s Barbeque, LLC Planning &
Economic Development
□ 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: September 25 2018
Note: I will not be in attendance Tuesday. Beth Lewis will be serving as Acting City Manager.
Here is a quick outline of the items on our very full agenda(s):
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. Authorization to purchase a Chevrolet one-ton truck.
c. Authorization to purchase a Chevrolet Colorado pickup truck.
d. Authorization to purchase a 2019 International plow truck and chassis.
e. Authorization to purchase three Chevrolet ½ ton pickup trucks.
f. Resolution granting LeighAnn Mikesell authority to sign streetlight contracts on
behalf of the city.
g. Resolution designating LeighAnn Mikesell as the City’s street administrator.
h. Authorization to sign an agreement with MDOT for the construction and
maintenance of Remembrance Drive.
i. Authorization to sign option termination agreement with Port City Construction
regarding 880 First Street.
2. Under the New Business, we are asking the Commission to consider the following:
a. Concurrence with the Housing Board of Appeals on the demolition of two
structures.
b. Approval of an on-site liquor license for Rolf’s BBQ. This restaurant will be opening
on Western Ave across from the LC Walker Arena.
Let me know if you have any questions/comments/concerns
Date: September 19, 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 September 10, 2018
Worksession and September 11, 2018 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, September 10, 2018
5:30 p.m.
City Commission Chambers
Minutes
2018-65
Present: Johnson, Hood, Turnquist (left at 7:45 p.m.), Gawron, Warren, Rinsema-
Sybenga and German.
Absent: None
Rental Ordinance Change
The Director of Public Safety requests that the Commission authorize the
approval of the Rental Ordinance changes. This will allow Building Safety
Inspections (Rental) to get more detailed information and create timelines
to remedy violations. The Rental Ordinance sections include;
• 10-329 – Time to correct violation
• 10-351(d) – Change in register information
• 10-351(e) – Application; contents
• 10-351(h) – Exemption from registration requirement
• 10-352(b) – Issuances
• 10-352(d) – Validity
• 10-352(f) – Length of time certificate of compliance is valid
This item will be on the September 11, 2018 City Commission for
consideration.
1000 West Western Purchase Agreement Extension
Staff is seeking approval for an extension to the purchase agreement for
1000 West Western to work out a number of title issues. Asking to close on
the transaction by October 4, 2018.
This item will be on the September 11, 2018 City Commission for
consideration.
Sale of the Property at 1078 Second Street
Staff initiated request to approve the purchase agreement for the sale of
the home at 1078 Second Street to Rachel Stewart. This home was
recently purchased by the city, rehabbed and converted back into a single-
family home from a three-unit home.
This item will be on the September 11, 2018 City Commission for
consideration.
Mid-Town Square 2
We have three responses to the Mid-Town Square 2 request for proposals.
Staff will soon be finalizing our recommendation to the Commission. If there
is an agreement in direction, we will plan to present it to the neighborhood
at an upcoming neighborhood meeting.
ADA Department of Justice Overview
Dwana Thompson, Affirmative Action/Equal Employment Opportunity staff,
presented information on items worked on or completed in reference to the
Settlement Agreement between the United States and City of Muskegon. A
copy of the Settlement Agreement, from 2010, was distributed.
Public Participation: Public comments were received.
The Worksession Meeting adjourned at 8:27 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 11, 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, September 11, 2018.
Pastor Wally Reames, Central Assembly of God, 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, Vice Mayor Eric Hood Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., Debra Warren, and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2018-66 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the August 28, 2018 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of a Neighborhood Enterprise Zone Certificate – 662 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) Certificate has been received from Terrace Point Landing, LLC for the new
construction of a home at 662 Terrace Point Circle. The estimated cost for
construction is $203,417. The applicant has met local and state requirements for
the issuance of the NEZ certificate.
Page 1 of 8
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.
C. Approval of a Neighborhood Enterprise Zone Certificate – 664 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) Certificate has been received from Terrace Point Landing, LLC for the new
construction of a home at 664 Terrace Point Circle. The estimated cost for
construction is $199,760. 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.
D. Approval of a Neighborhood Enterprise Zone Certificate – 668 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) Certificate has been received from Terrace Point Landing, LLC for the new
construction of a home at 668 Terrace Point Circle. The estimated cost for
construction is $168,739. 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.
E. Approval of a Neighborhood Enterprise Zone Certificate – 670 Terrace
Point Circle Planning & Economic Development
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) Certificate has been received from Terrace Point Landing, LLC for the new
construction of a home at 670 Terrace Point Circle. The estimated cost for
construction is $168,739. 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.
Page 2 of 8
F. Sale of Property at 1078 Second Street Planning & Economic
Development
SUMMARY OF REQUEST: Staff initiated request to approve the purchase
agreement for the sale of the home at 1078 2nd Street to Rachel Stewart. This
home was recently purchased by the city, rehabbed and converted back into
a single-family home from a three-unit home.
FINANCIAL IMPACT: The City will receive the amount of money as described
in the purchase agreement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the purchase agreement.
G. Sale of A Buildable Lot at 654 Allen Avenue Planning & Economic
Development
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 654
Allen Avenue to Denise Koetje to combine with her property at 650 Allen
Avenue, Muskegon, MI. The lot is 50 x 132 ft. and Ms. Koetje has offered $500 for
the property plus the fee to register the deed. She has a licensed day care out
of her home and would like to fence the property, install play equipment and
provide more space for the children in her care. She had already purchased 16
feet of this property in 2017. The City has owned the property since August 12,
2003 with no inquiries for potential construction. By combining this with Ms.
Koetje’s property; this will alleviate the city from continued maintenance and
place the property back on the tax rolls. The City has spent an average of
$395.00 per year in maintenance of the vacant lot since 2002.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue
for the City and will place the property back on the City’s tax rolls thus relieving
the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize both the
Mayor and the Clerk to sign the resolution and deed.
I. Certification of MERS Representatives Finance
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
official employee representative attending the MERS conference will be Diane
Page 3 of 8
Renkenberger from the Non Union.
It is recommended that Elizabeth Lewis (Finance Director) be designated as the
City’s employer delegate.
FINANCIAL IMPACT: Registration for the MERS conference in Grand Rapids,
MI is $250 per person. Additionally, mileage, hotel and related costs will be
incurred.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Certification of Elizabeth Lewis and Diane
Renkenberger to be the City’s officer and employee delegates at the MERS
annual meeting in Grand Rapids on October 4 and 5, 2018.
J. Supplemental MERS Contribution Finance
SUMMARY OF REQUEST: For the fiscal year that ended June 30, 2018, staff
conservatively budgeted for pension costs. The amount the City was expensing
each pay period for our pension costs was conservatively calculated, this
created a surplus. At this time staff believes it is appropriate to take this
opportunity to make a $111,257.58 supplemental payment (above the actuarial
computed amount) to MERS. This is money that the city would be required to
pay to MERS eventually. Paying early, while the city is in a position to do so, may
help to ease some pressure on future city budgets.
FINANCIAL IMPACT: $111,257.58 supplemental payment to MERS.
$111,257.58 will be paid from monies already set aside for MERS in the collector
fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to make a supplemental
$111,257.58 payment to MERS.
K. 1000 W. Western - Approve First Amendment to First Amended and
Restated Real Estate Sale and Development Agreement City Manger
SUMMARY OF REQUEST: To approve the First Amendment and Restated Real
Estate Sale and Development Agreement for 1000 W. Western.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the city manager to enter into the
Agreement.
L. Approve CRC Recommendations to Accept Resignations and Appoint
Members to Fill Various Vacancies City Clerk
SUMMARY OF REQUEST: To accept resignations and appointment
recommendations for various community relations committees, boards,
Page 4 of 8
authorities, and commissions, as follows:
Citizen Police Review Board
Accept the resignation of Ellouise Hieftje (Neighborhood Association
Representative) and Carlos Flores (Member of a Minority Based
Organization) and to appoint Teresa Emory (Neighborhood Association
Representative)
CDBG/CDC
Accept the resignation of Tom Pastoor (Citizen at Large) and to appoint
Eleanor Canter (Citizen at Large)
Construction Code Board of Appeals
To Appoint Brion Boucher (Architect)
Housing Commission
Accept the resignation of Maxine Lenear (Citizen) and to affirm the City
Manager’s Appointment of Ken Grant
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the resignations and
appointments.
Motion by Commissioner Warren, second by Commissioner Johnson, to approve
the consent agenda as presented, except item H.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
2018-67 ITEMS REMOVED FROM CONSENT:
H. Police Cruisers DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase seven (7) new police cruisers from Berger Chevrolet, off the Oakland
County Contract, which is the lowest price available. This will create a financial
impact of $250,117.00 that was budgeted for out of the Equipment Division.
FINANCIAL IMPACT: $250,117.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase seven (7) new police
cruisers from Berger Chevrolet.
Page 5 of 8
Motion by Commissioner German, second by Commissioner Warren, to
authorize staff to purchase seven new police cruisers from Berger Chevrolet.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2018-68 PUBLIC HEARINGS:
A. Request to Conduct a Public Hearing of the Community & Neighborhood
Services Department Consolidated Annual Performance Evaluation Report
(CAPER 2017) Community & Neighborhood Services
SUMMARY OF REQUEST: To conduct a public hearing of the 2017 CAPER for
projects funded with CDBG and HOME HUD Entitlements to the City of
Muskegon Community and Neighborhood Services Department.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To submit the 2017 CAPER including any public
comments received during the 20-day comment period ending September 26,
2018.
Motion by Commissioner Johnson, second by Commissioner German, to close
the public hearing and to submit the 2017 CAPER including any public
comments received during the 20 day comment period ending September 26,
2018.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2018-69 NEW BUSINESS:
A. 2018 Capital Improvement Projects – Remembrance Drive Reconstruction
Department of Public Works
SUMMARY OF REQUEST: Award contract (H-1720) for reconstruction, storm
sewer installation, sanitary sewer, curb and gutters on Remembrance Drive from
Keating Avenue south to the entrance of the new KL Industries facility. Four
contractors submitted bids for this project as follows:
Jackson-Merkey Contractors, Inc. $454,559.00
Connan Inc. $497,572.55
Diversco Construction Co. $593,926.80
Page 6 of 8
Dykema Excavators, Inc. $672,897.00
FINANCIAL IMPACT: $454,559.00
BUDGET ACTION REQUIRED: None. The project will be funded through
planned capital improvement project.
STAFF RECOMMENDATION: Award the project to the low bidder, Jackson-
Merkey Contractors, Inc.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to award the
project to the low bidder, Jackson-Merkey Contractors, Inc.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
B. Rental Ordinance Changes Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the approval of the Rental Ordinance changes. This will
allow Building Safety Inspections (Rental) to get more detailed information and
create timelines to remedy violations. The Rental Ordinance sections include;
10-329 – Time to correct violation
10-351(d) – Change in register information
10-351(e) – Application; contents
10-351(h) – Exemption from registration requirement
10-352(b) – Issuances
10-352(d) – Validity
10-352(f) – Length of time certificate of compliance is valid
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the Rental
Ordinance changes.
Motion by Commissioner German, second by Commission Rinsema-Sybenga, to
approve the rental ordinance changes.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Warren
Nays: None
MOTION PASSES
Page 7 of 8
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:08 p.m.
Respectfully Submitted,
Ann Marie Meisch, City Clerk, MMC
Page 8 of 8
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) Chevy 1 ton 3500
Cab and Chassis coming from Berger Chevrolet off the Oakland County Contract, the
lowest available price. The Equipment Division is also requesting permission for Arista
Truck Systems to build and install the construction bed for this vehicle. $28,803.00 will
be coming from the Equipment Dept. Budget for the Cab and Chassis along with
$9,553.00 for the construction bed for a total purchase of $38,356.00.
FINANCIAL IMPACT:
$38,356.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Chevy 1 ton 3500 construction truck from Berger
Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\092518\04_2019constructiontruck1ton.doc
Muskegon City GM 3500 Custom bulkhead 9-18-18
76
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23
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23 2"x 2" x 3/16" tubing
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draw
45
nc ept 33
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Top of the frame
Arista Truck Systems, Inc.
Equipment & Design for Commercial Trucks
1-800-858-3659
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) Chevy Colorado
pickup coming from Berger Chevrolet off the Oakland County Contract, the lowest
available price. The price of this vehicle is $33,216.00 coming from the Equipment
Division Budget.
FINANCIAL IMPACT:
$33,216.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Chevy Colorado pickup truck from Berger Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\092518\05_2019Colorado.doc
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one (1) 2019 International
plow truck cab and chassis coming from West Michigan International the State Mi-Deal
contractor for a price of $88,487.08. We are also requesting that Arista Truck Systems
build the dump body and underbody plow for an additional price of $63,994.00 coming
from what was budgeted for from the Equipment Div. fund.
FINANCIAL IMPACT:
$152,481.08
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) 2019 International Plow truck cab and chassis and Arista
Truck systems to build the Dump body and underbody plow.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\092518\06_2019plowtruck.doc
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Vehicle Replacement
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase Three (3) Chevy ½ ton
pickup trucks coming from Berger Chevrolet off the Oakland County Contract, the
lowest available price. $35,704.00 per vehicle will be coming from the Equipment Dept.
Budget.
FINANCIAL IMPACT:
$35,704.00 x three for a total of $107,112.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase three (3) Chevy ½ ton pickups from Berger Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\092518\07_2019pickuptrucks3.doc
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Resolution of Authority to Sign Street Lighting Contracts with
Consumers Energy
SUMMARY OF REQUEST:
Approve the resolution of authority to sign contracts with Consumers Energy to facilitate
modifications to no more than 10 street lights per contract.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the resolution.
City of Muskegon
RESOLUTION
AUTHORITY TO SIGN
CONTRACTS WITH CONSUMERS ENERGY FOR STREETLIGHT MODIFICATIONS
WHEREAS, Muskegon City Commissioners desire efficient government; and
WHEREAS, Muskegon City Commissioners understand that modifications to the street lighting
system are needed on a fairly regular basis; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners give the Director of
Municipal Services authority to sign street lighting contracts with Consumers Energy for no
more than 10 individual street light modifications.
Dated this ______ of _______ 20__.
________________________________
Stephen J. Gawron
Mayor
_________________________________
Ann Marie Meisch
City Clerk
Date: 9/25/2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Street Administrator Resolution
SUMMARY OF REQUEST:
Approve the resolution to designate LeighAnn Mikesell, Director of Municipal Services,
as the street administrator in all transactions with the Michigan Department of
Transportation.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the resolution.
Michigan Department
of Transportation RESOLUTION FOR DESIGNATION Clear Form
2012 (07/09)
OF STREET ADMINISTRATOR
This information is required by Act 51, P.A. 1951 as amended. Failure
to supply this information will result in funds being withheld.
MAIL TO: Michigan Department of Transportation, Bureau of Finance
and Administration, P.O. Box 30050, Lansing, MI 48909.
or Fax to: 517-241-2589
NOTE: Indicate, if possible, where Street Administrator can usually be reached during normal
working hours, if different than City or Village Office. List any other office held by the Administrator.
Councilperson or Commissioner
offered the following resolution and moved its adoption:
Whereas, Section 13(9) of Act 51, Public Acts of 1951 provided that each incorporated city and village to which
funds are returned under the provisions of this section, that, ''the responsibility for street improvements,
maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities
and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the
governing body who shall be responsible for and shall represent the municipality in transactions with the State
Transportation Department pursuant to this act.''
Therefore, be it resolved, that this Honorable Body designate LeighAnn Mikesell,
Director of Municipal Services as the single Street Administrator for the City or Village of
Muskegon in all transactions with the State Transportation Department
as provided in Section 13 of the Act.
Supported by the Councilperson or Commissioner
Yeas
Nays
I hereby certify that the foregoing is a true and correct copy of a resolution made and adopted at a regular meeting
of the governing body of this municipality on the day of
CITY OR VILLAGE CLERK (SIGNATURE) EMAIL ADDRESS DATE
STREET ADMINISTRATOR (SIGNATURE) EMAIL ADDRESS DATE
ADDRESS OF CITY OR VILLAGE OFFICE P.O.BOX
CITY OR VILLAGE ZIP CODE PHONE NUMBER
Date: September 11th, 2018
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement;
Remembrance Drive Construction & Maintenance
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the Remembrance Drive construction
from Keating Avenue south to the road terminus and approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE ROAD RECONSTRUCTION AND SANITARY SEWER
INSTALLATION ALONG REMEMBRANCE DRIVE FROM KEATING AVENUE
SOUTH TO THE ROAD TERMINUS TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
GAWRON AND CITY CLERK, ANN MEISCH, TO EXECUTE SAID CONTRACT.
Moved by ______________________ and supported by ________________ that
the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 18-5421 between the
Michigan Department of Transportation and the City of Muskegon for the Road
reconstruction and sanitary sewer installation on Remembrance Drive within
the City is in the best interest of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 18-5421 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this ___ day of ______, _____.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, _______. The meeting was properly held and noticed pursuant
to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
PERMIT DA
SPECIAL TRUNKLINE Control Section 61072
MAINTENANCE Permit Reference Number 56820
Contract 18-5421
THIS CONTRACT is made and entered into this date of _____________________, by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to
as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "AGENCY"; for the purpose of fixing the rights and obligations of
the parties in agreeing to the maintenance and operation of utility improvements and roadway
resurfacing constructed by the AGENCY.
WITNESSETH:
WHEREAS, the AGENCY is proposing the installation of storm sewer and sanitary
sewer within the trunkline roadway right-of-way; and
WHEREAS, the DEPARTMENT has determined it to be acceptable to have the
AGENCY construct the proposed work which is hereinafter referred to as the "PROJECT" and
are further described and located as follows:
Sanitary and storm sewer reconstruction work along Remembrance Drive from
K L Outdoor to Keating Avenue including aggregate base, concrete curb and
gutter, sidewalk ramp upgrades, hot mix asphalt resurfacing and pavement
marking work; together with necessary related work, located within the corporate
limits of the AGENCY; and
WHEREAS, the AGENCY will be responsible for the entire cost of the PROJECT; and
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and the maintenance and operation of the facility to be
constructed as the PROJECT and desire to set forth this understanding in the form of a written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
1. The AGENCY will construct the PROJECT at no cost to the DEPARTMENT.
2. The AGENCY shall cause to be performed all the PROJECT work as defined in
the permit obtained from the DEPARTMENT. It is understood that portions or all of the
PROJECT work will be placed under contract by the AGENCY. The performance of the
PROJECT work will be subject to the conditions established in PERMIT REFERENCE
NUMBER 56820.
3. Upon completion of construction, the AGENCY will, at its sole cost and expense,
inspect, maintain and operate the facility constructed as the PROJECT. All future maintenance
activities will require a permit from the DEPARTMENT. The AGENCY shall conform with all
DEPARTMENT permit requirements for any work to be performed within the state trunkline
right-of-way. As built plans will be provided to the Muskegon Transportation Service Center.
A. The AGENCY agrees that the PROJECT location will be maintained so as
to assure that any Trunkline facilities, structures and the area within the
Trunkline right-of-way boundaries will be kept in good condition, both as
to safety and appearance. The maintenance of the facilities by the
AGENCY will be accomplished in a manner so as not to cause
interference with the reconstruction, maintenance or operation of the
Trunkline facility and right-of-way.
B. The DEPARTMENT reserves the right to enter the PROJECT location for
the purpose of inspection, maintenance or reconstruction of the Trunkline
facility when necessary. Additionally, the DEPARTMENT reserves the
right to access the PROJECT location as deemed necessary for inspection
relating to the DEPARTMENT'S interests. Such inspections are made for
the DEPARTMENT'S own purposes and shall not relieve the AGENCY
of its duties and obligations under the terms of this agreement. Any
deficiencies discovered will be corrected or repaired by the AGENCY at
no cost to the DEPARTMENT.
C. Prior to occupancy and/or use of the PROJECT location, the
DEPARTMENT will inspect and approve the construction of the
PROJECT.
4. The parties hereto agree to comply with all applicable requirements of the Natural
Resources and Environmental Protection Act, 1994 P.A., 451, MCL 324.01 et. Seq. for all
PROJECT work performed under this contract and future maintenance work, and the AGENCY
shall require its contractors and subcontractors to comply with the same.
5. The AGENCY will not store, allow the storage of or discharge of any radioactive,
toxic, flammable, poisonous, explosive or other dangerous, hazardous materials, or waste on the
said premises. In addition, the AGENCY will not permit objectionable smoke, fumes, vapors, or
odors to rise above the grade line of the Trunkline. No signs, displays or devices may be erected
on the right-of-way for the PROJECT unless specified herein or approved by the
DEPARTMENT.
6. It is expressly understood and agreed that in case of non-performance of any of
the covenants herein made by the AGENCY and after said AGENCY has been furnished written
notice of same by the DEPARTMENT and has been granted a reasonable period of time as
determined by the DEPARTMENT for performance or correction thereof, this agreement shall
be terminated and said AGENCY shall lose and be barred from all rights, remedies, and actions
both at law and in equity upon or under this agreement.
7. It is expressly understood that use of the trunkline right-of-way is subject to the
paramount right of the DEPARTMENT and that upon a determination by the DEPARTMENT
that such right-of-way is required for the construction, operation, and/or maintenance of any
present or proposed trunkline or trunkline use, this contract may be terminated at the discretion
of the DEPARTMENT and the facility constructed as the PROJECT may be removed without
reimbursement to the AGENCY.
8. Upon termination of this agreement, the AGENCY will peacefully yield up said
PROJECT in as good order and condition as when delivered to the AGENCY at no cost to the
DEPARTMENT. In the event this agreement is terminated and if the DEPARTMENT deems it
necessary to request the removal of any facility occupying the premises, such removal shall be
accomplished by the AGENCY in a manner as prescribed by the DEPARTMENT, at no cost to
the DEPARTMENT or the Federal Highway Administration.
9. Any removal or modification of the facilities of the AGENCY, when necessary
for Trunkline purposes, shall be performed by the AGENCY at no cost to the DEPARTMENT.
Upon failure to so perform, the DEPARTMENT at its discretion may perform such work at the
cost of the AGENCY or terminate this agreement.
10. The AGENCY recognizes and acknowledges that private and/or public utility
companies may require the modification of the AGENCY'S facilities and it shall cooperate with
the utility when requested by the DEPARTMENT at no cost to the DEPARTMENT, or
interference with the Trunkline right of way and Trunkline facility.
11. It is understood that if the AGENCY discontinues, abandons or changes the usage
of the PROJECT right-of-way, then this agreement shall be terminated and the DEPARTMENT
shall have the right to immediately remove the facility constructed as the PROJECT without
reimbursement to the AGENCY.
12. Each party to this Contract will remain responsive for any and all claims arising
out of its own acts and/or omissions during the performance of the Contract, as provided by this
contract or by law. In addition, this is not intended to increase or decrease either party’s liability
for or immunity from tort claims. This Contract is also not intended to nor will it be interpreted
as giving either party a right of indemnification, either by contract or by law, for claims arising
out of the performance of this Contract.
13. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the AGENCY and for the
DEPARTMENT and upon the adoption of a resolution approving said contract and authorizing
the signatures thereto of the respective officials of the AGENCY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By_________________________ By__________________________
Title: Department Director MDOT
By_________________________
Title:
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: September 25, 2018
RE: Termination of Purchase and Option Agreement-Port City Construction
SUMMARY OF REQUEST:
To authorize the City Manager to sign Termination of Purchase and Option Agreement with Port City
Construction regarding 880 First Street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the city manager to sign the Agreement.
COMMITTEE RECOMMENDATION:
None.
COMMISSION MEETING DATE: September 25, 2018
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish.
Dangerous Building Case # EN1803701
2084 Morton Ave (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 Garage structure located at 2084
Morton Ave is unsafe, substandard, a public nuisance and that it be demolished within
thirty (30) days. It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder or staff
may issue infraction tickets to the owner, agent or responsible party if they do not
demolish the structure.
Location and ownership: This structure is located on Morton Ave between Denmark
Street and McCracken Street in the Lakeside Neighborhood and is owned by Elizabeth
Floyd, 2765 Woodlake Rd SW apt 1, Wyoming, MI 49519.
Staff Correspondence: A compliant regarding the condition of the garage was
received in June of 2018.
June 19, 2018, a notice repair or remove the garage was sent, with no response from
owner.
July 6, 2018, a final notice to repair or remove the garage was sent.
August 6, 2018, the owner’s grandson called and said they have been getting prices on
removing the garage.
August 6, 2018, the Notice & Order was sent and posted for the September 6, 2018
meeting.
August 29, 2018, a ten day notice was sent and posted
September 6, 2018, the HBA declared the garage as dangerous and a public nuisance.
The owner did not attend the HBA hearing.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $37,800 (entire property)
Garage Assessed Value: $10,928
Estimated cost to repair garage: $9,210 (estimated from an exterior only inspection)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact:
Owner did not attend the HBA meeting.
Permits obtained: None
DANGEROUS BUILDING INSPECTION
Owner FLOYD ELIZABETH
2765 WOODLAKE RD SW APT 1
WYOMING, MI 49519
Enforcement # EN1803701
Property Address: 2084 MORTON AVE
Parcel # 24-205-643-0019-00
Date completed: June 18, 2018
DEFICENCIES:
1. Garage roof has collapsed
2. Roof shingles are rotted and must be replaced
3. “Car doors” have rotted doors, missing wood and do not shut correctly
4. Siding is missing, rotted, has peeling paint or no paint at all
5. Windows are broken or missing
Jay Paulson, Inspector
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS OF THE GARAGE AT 2084 Morton Ave
COMMISSION MEETING DATE: September 25, 2018
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish.
Dangerous Building Case #: EN1711935
987 E. Forest Ave (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 Garage structure located at 987 E.
Forest Ave is unsafe, substandard, a public nuisance and that it be demolished within
thirty (30) days. It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder or staff
may issue infraction tickets to the owner, agent or responsible party if they do not
demolish the structure.
Location and ownership: This structure is located on East Forest Ave between S.
Getty Street and Madison Street in the Oakview Neighborhood and is owned by
Anthony & Kelley Sydnor, 987 E. Forest Ave, Muskegon, MI 49442.
Staff Correspondence: A compliant regarding the condition of the garage was
received in May of 2017.
June 1, 2017, a notice repair or remove the garage was sent, with no response from
owner.
July 17, 2017, a final notice to repair or remove the garage was sent. On July 31, 2017,
the owner came into the inspection’s office and said he would be demolishing the
garage but needed extra time. The owner agreed he would have the garage removed
by October 2, 2017.
October 2, 2017, the garage had not been removed and no permits have been issued.
The case was placed on the agenda for the November 2, 2017 hearing.
November 2, 2017, the owner appeared at the HBA hearing and stated he wanted to
keep the garage and needed time to repair the garage. The HBA granted the owner 90
days to repair the garage.
January 29, 2018, the owner obtained a permit to demolish the garage.
July 31, 2018, the demolition permit expired. An inspection indicated no work was
completed on the removal of the garage. The case was sent back to the HBA.
September 6, 2018, the HBA declared the garage as dangerous and a public nuisance.
The owner did not attend the HBA hearing.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $24,400 (entire property)
Garage Assessed Value: $8,250
Estimated cost to repair garage: $7,500 (estimated from an exterior only inspection)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact:
Owner(s) did not attend the HBA meeting.
Permits obtained: Demolition permit was issued but expired with no action taken.
DANGEROUS BUILDING INSPECTION
Owner SYDNOR KELLEY D/ANTHONY J
987 E FOREST AVE
MUSKEGON, MI 49442
Enforcement # EN1711935
Property Address: 987 E FOREST AVE
Parcel # 24-170-000-0002-00
Date completed: June 1, 2017
DEFICENCIES: (GARAGE ONLY)
1. The garage roof has a large hole and has partially collapsed
2. The roof shingles have deteriorated, are missing or not attached
3. Soffits and fascia is rotted, missing or not attached
4. The service door is rotted and must be replaced
5. The siding has peeling or no paint
NOTE: This is an exterior inspection only
Jay Paulson, Inspector
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS OF THE GARAGE AT 987 E. Forest Ave
Commission Meeting Date: September 25, 2018
Date: September 18, 2018
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: DDA On-Premise Liquor License for Rolf’s
Barbeque, LLC
SUMMARY OF REQUEST: To approve the Resolution for a
Downtown Development Authority On-Premise Liquor License for
Rolf’s Barbecue, LLC. The Liquor Control Commission allows for
additional liquor licenses within Downtown Development Authority
Districts under certain conditions.
FINANCIAL IMPACT: Approving the Liquor License will allow for a
new restaurant in the downtown area which should result in increased
revenue for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution.
COMMITTEE RECOMMENDATION: None.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _________
A resolution concerning the issuance of a Downtown Development Authority
District On-Premises Liquor License pursuant to 436.1521a(1)(b) of the Michigan
Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Rolf’s Barbeque, LLC has applied for a Downtown Development Authority
District On-Premises Liquor License for the premises at 477 W Western Ave,
which is located within an area established by the City Commission as a
redevelopment project area pursuant to 436.1521a(1)(b) of the Michigan
Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific
location “ABOVE ALL OTHERS”.
3. This resolution was approved at the regular meeting of the City Commission on
September 25, 2018.
City Commission Findings
The City Commission is satisfied that:
1. That the applicant has sufficiently demonstrated a commitment for a capital
investment of not less than $75,000 for the build-out and improvements of the
building that will house the licensed premises, which amounts shall be expended
before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation,
that is open to the general public, with a seating capacity of not less than 50
persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon
to approve the application of Rolf’s Barbeque, LLC, for a Downtown
Development Authority District On-Premises Liquor License for the premises at
477 W Western Ave, pursuant to 436.1521a(1)(b) of the Michigan Compiled
Laws, and recommends to the Michigan Liquor Control Commission the issuance
of said requested license “ABOVE ALL OTHERS”.
Adopted this 25th day of September, 2018.
AYES: ______________________________________________________
NAYES: ______________________________________________________
ABSENT: ______________________________________________________
By: ________________________
Stephen J. Gawron
Its Mayor
By: ________________________
Ann Meisch, MMC
Its Clerk