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City of Muskegon
City Commission Meeting
Agenda
February 28, 2023, 5:00 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to
be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like
to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice.
The participant will then receive a zoom link which will allow them to watch live and give comment. Contact
information is below. For more details, please visit: www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]
Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Introduce New Staff - Department of Public Works
5.b Ken James from Muskegon Community College
5.c Fair Housing Settlement Update - Community and Neighborhood Services 1
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 2
7.b Financing a Fire Pumper Truck - Finance 25
7.c Landscaping Contract - Department of Public Works 29
7.d Sale of 769 Catawba - Community and Neighborhood Services 35
7.e Relocation Plan - Community & Neighborhood Services 37
7.f 1194 Pine Lease Agreement 45
8. Public Hearings
9. Unfinished Business
9.a Housing Board of Appeals, Demolition 835 W. Forest - Public Safety 62
10. New Business
10.a Housing Board of Appeals, Demolition - 771 McLaughlin Ave & 1984 Reynolds 68
St. - Public Safety
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Fair Housing Settlement
Submitted By: Sharonda Carson Department: CNS
Brief Summary: Presenting update on Fair Housing of West Michigan settlement with Fannie Mae.
Detailed Summary & Background: N/A
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: Amount Budgeted:
Contact Finance if your item does not fit into
the current budget.
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Information only
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the corrected September 13, 2022 minutes and the January 24,
2023 Regular Meeting.
Detailed Summary: The minutes for September 13, 2022 need to be corrected to include the
correct motion language for New Business, Item A – Adelaide Pointe Cooperative Use Agreement.
The minutes that were previously approved included motion language for the wrong item.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3, High
Density Single Family Residential to Form Based Code, Urban Residential.
*2/28/23 CORRECTION TO MOTION LANUGAGE below:
*Motion by Commissioner Ramsey, second by Commissioner Hood, to approve the
updated cooperative use agreement and rescind the development agreement formerly
approved on October 26, 2021 for the Adelaide Pointe development.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
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C I T Y O F M U S K E GO N
CITY COMMISSION MEETING
S E P T E M B E R 1 3 , 2 0 2 2 @ 5 : 3 0 P. M .
MUSKEGON CITY COMMISSION CHAMBERS
9 3 3 T E R R AC E S T R E E T, M U S K E GO N , M I 4 9 4 4 0
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September 13, 2022, Vice
Mayor Willie German, Jr., opened the meeting with prayer, after which the Commission
and public recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners Teresa
Emory, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, and Eric Hood, Interim City
Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2022-79 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the August 8, 2022 and the August
9, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. General Fund Transfers for FY2021-22 Finance
SUMMARY OF REQUEST: During the close out of fiscal year 2021-22 and based on the
financial results for the fiscal year ended June 30, 2022 we want to transfer $115,000
from the General Fund to the Trinity health Arena Fund to eliminate a fund balance
deficit. Also, we want to transfer $2,500 from the General Fund to the Tree Fund to
eliminate a fund balance deficit. Finally, we want to transfer $40,750.14 from the General
Fund to the State Grants fund to cover bad debt. Staff is requesting formal approval of
these General Fund transfers.
At the close of FY2021-22 three funds that required a transfer from the General Fund. (1)
the FY2021-22 budget called for a General Fund transfer of $115,000 to the Trinity
health Arena Fund to avoid a fund balance deficit. The original budget REQUESTED A
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$350,000 TRANSFER TO THE Trinity Health Arena. The Arena’s revenue was better than
projected and we thought the Arena did not need any transfer from the General Fund.
However, at the end of the 2021-22 year the expenditures exceeded revenue by
approximately $115,000. (2) The Tree fund has a small deficit that needs to be covered
by the General Fund of $2,500 to avoid a fund balance deficit. (3) The FY2021-22 budget
called for General Fund transfer of $40,750.41 to the State Grant fund to write off bad
debt from the CMI Site Assessment and Hendrickson Brownfield loan. Commission
previously approve the debt write off at the July 26, 2022 meeting. Now we are officially
asking to transfer the funds from the General Fund to complete the debt write off.
STAFF RECOMMENDATION: To approve the General Fund transfers of $115,000 to the
Trinity Health Fund, $40,750.14 to the State Grants Fund, and $2,500 to the Tree
Replacement Fund.
D. PowerMIFleet Enrollment Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to enroll in the PowerMIFleet
Program.
The PowerMIFleet program through Consumers Energy provides assistance to the City
in seeking to begin consideration for electrifying the city’s fleet of vehicles. Through the
program Consumers Energy will provide a number of services to assist the city in a
number of ways.
Review of existing fleet to determine the vehicles best suited for electrification.
Review of existing facilities to determine the best location for installation of
charging infrastructure.
Identification and pursuit of grants and rebates to support the initiative.
There is no immediate cost for enrollment in the program, however in exchange for
enrollment in the program, the city is making a commitment to purchase and deploy at
least one (1) electric vehicle through the program. There is no set timeline for when that
needs to be accomplished but note that the current FY budget did not propose any EV
so if there is opportunity to take action yet this FY there could be unbudgeted costs with
minimal modification provided they are not excessive.
STAFF RECOMMENDATION: Authorize staff to enroll in the PowerMIFleet Program with
Consumers Energy.
F. Wastewater Committee Public Works
SUMMARY OF REQUEST: Staff is requesting approval of the resolution to designate the
representatives for the County Wastewater Committee.
Staff is requesting to update this resolution to replace the City Manager with the Deputy
DPW Director as the alternate representative on the County Wastewater Committee.
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STAFF RECOMMENDATION: Approve the resolution appointing the DPW Director as the
representative to the County Wastewater Committee and the Deputy DPW Director as
the alternate representative and authorize the Clerk to sign.
H. MDEGLE Grant Agreement Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to sign the grant agreement
with MDEGLE.
The City of Muskegon was awarded a $687,000 grant from the Michigan Department of
Environment, Great Lakes, and Energy (MDEGLE) through their Drinking Water
Infrastructure (DWI) Program. The grant is tied to the 2023 project on Sanford Street;
with the remainder of the project expenses financed through the state revolving fund
programs which provide additional principal forgiveness in addition to the grant dollars
awarded through the DWI program.
The grant and revolving fund programs continue to help ensure we can deliver an
efficient and effective capital program within our water/sewer systems. Even though the
programs require additional work to meet compliance along with carrying several
provisions that would otherwise be optional for the city (Buy America for Iron/Steel
Components & Prevailing Wage) the grants, principal forgiveness, and financing terms
available to the city through these programs have provided immense benefit.
Accepting the grant will not run concurrent with our other work on Sanford Street and
does not add any expenses to the City.
Staff is recommending acceptance of the grant and plans to continue pursuing
additional opportunities for future financing within the state programs.
STAFF RECOMMENDATION: To authorize staff to sign and accept the grant agreement
with MDEGLE.
I. Back Hoe Purchase DPW/Equipment
SUMMARY OF REQUEST: Backhoe purchase from Michigan Cat, the MI-Deal State
contract holder for a price of $121,000. The Equipment Division is seeking permission to
purchase one new backhoe form Michigan Caterpillar, the Mi-Deal contract holder for a
price of $121,000 coming from the 2022/23 budget. This backhoe will replace one of our
older machines.
AMOUNT REQUESTED: $121,000 AMOUNT BUDGETED: $121,000
FUND OR ACCOUNT: Equipment Account
STAFF RECOMMENDATION: To approve the Equipment Division to proceed with the
purchase.
K. US Army Corps of Engineers Lease City Manager
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SUMMARY OF REQUEST: Staff is requesting approval to renew the lease with the US
Army Corps of Engineers for use of the navigation structures at the Muskegon Harbor
Federal Navigation Project.
The lease would authorize the continuation of passive recreational activities on the US
South Breakwater, the US South Revetment and Pier, and allow for the operation and
maintenance of pier safety devices on the US North and South Breakwaters
STAFF RECOMMENDATION: To approve the lease renewal with the US Army Corps of
Engineers and authorize the mayor and clerk to sign.
L. Juneteenth Holiday City Manager
SUMMARY OF REQUEST: Staff is seeking approval to add the federally recognized
Juneteenth holiday as a recognized for all city staff starting in 2023.
The holiday will be observed on the same date as the federal Juneteenth holiday each
year.
Each union’s language relating to holiday pay, time off for holidays, compensatory time,
and overtime on a holiday will apply to the Juneteenth holiday as it would to any other
recognized holiday for that union.
STAFF RECOMMENDATION: To approve the inclusion of Juneteenth as a recognized
holiday for all city staff beginning in 2023.
M. Email Migration to the Cloud with Enhanced Security, Backup, and User
Training Information Technology
SUMMARY OF REQUEST: Authorize the migration of our on-prem systems to a cloud-
hosted solution adding advanced email protection, backup, archival, and user security
awareness training.
To improve the security and functionality of the user email experience. The I.T.
Department would like to upgrade and move our email systems to Microsoft’s
government cloud protected by a Barracuda Networks advanced email security solution.
This migration provides benefits such as larger mailbox storage (50GB per mailbox),
advanced net-gen AI threat protection, cloud-to-cloud backup and archival, and end-
user security awareness training. The initial cost for the first year of cloud-hosted
services and full implementation is $64,000. The yearly cloud subscription fee for
subsequent years will be $49,000. Broken down, these subscriptions amounts are $4 per
user per month for email and $10.89 per user per month for protection, training, archival
and backup. Amounts are budgeted.
AMOUNT REQUESTED: $64,000 AMOUNT BUDGETED: $64,000
FUND OR ACCOUNT: 101-228
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STAFF RECOMMENATION: To approve the implementation of cloud-hosted email with
added advanced protection, archival, backup, and training.
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N. District Library Board Appointment City Clerk
SUMMARY OF REQUEST: To appoint Clayton Hardiman to the District Library Board,
term expiring June 30, 2026.
STAFF RECOMMENDATION: To make the appointment.
Motion by Vice Mayor German, second by Commissioner Ramsey, to accept the
consent agenda as presented, minus items B, E, G, and J.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and German
Nays: None
MOTION PASSES
2022-80 REMOVED FROM CONSENT AGENDA:
B. Flag Policy City Clerk
SUMMARY OF REQUEST: To adopt the updated flag policy.
Based on the Attorney’s recommendation, staff felt it necessary to recommend changes
tour current flag policy. The proposed policy would not allow the flying of any flags with
the exception of United States of America, State of Michigan, the County of Muskegon,
the City of Muskegon flag, a Sister Cities of the City of Muskegon flag, and visiting
dignitaries from the Embassy and/or Consulate that are formally acknowledged by the
Mayor and/or City Commission.
STAFF RECOMMENDATION: To adopt the amended flag policy as presented.
Motion by Commissioner St.Clair, second by Commissioner Hood, to adopt the
amended flag policy as presented.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman
Nays: None
MOTION PASSES
E. Shoreline Drive Engineering Amendment Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to sign the amendment to the
professional services agreement with Progressive AE in relation to the Shoreline Drive
Road Diet.
ProgressiveAE is requesting an amendment to the professional services agreement
related to a change on the Shoreline Drive project outside of the original scope. The
amendment requests an additional $13,700 which represents a 28% increase on the
original $49,090 contract and requires commission approval based on the percentage
increase.
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The additional costs are related to a change in the project scope to complete the pilot in
tow separate phases rather than a single phase. The split phasing required the engineer
to develop additional sets of plans and also provides an opportunity for additional data
collection during both phases which was not originally anticipated in the scope.
AMOUNT REQUESTED: $13,700 (INCREASE) AMOUNT BUDGETED: $115,000
$62,790 (TOTAL) (21/22 & 22/23)
FUND OR ACCOUNT: 202
STAFF RECOMMENDATION: Authorize staff to approve the amendment request with
ProgressiveAE for Shoreline Drive Traffic Engineering.
Motion by Vice Mayor German, second by Commissioner Emory, to approve the
amendment request with ProgressiveAE for Shoreline Drive Traffic Engineering.
ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
Nays: German
MOTION PASSES
G. Shoreline Drive Traffic Control Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to accept the bid from Give
Em A Brake Safety in the amount of $31,075.00 to provide the Traffic Control services for
the Shoreline Drive Road Diet Pilot.
Staff solicited bids for traffic control services for the Shoreline Drive Road Diet project
based on a split phase approach with a portion to be completed during the Fall of 2022
and a second portion to be completed in the Spring/Summer of 2023.
One (1) bid was received as follows:
$31,075.00 – Give Em A Brake Safety (Grandville, MI)
Staff is recommending the contract be awarded to the low bidder for the project.
The bid will provide the traffic control necessary for both stages of the pilot and likely
represents the largest cost aside from the traffic engineering and study components of
the project.
There will be at least one additional item to consider for this project which is still being
developed and refined by staff. The additional item will include features that invite users
to imagine future uses of the reclaimed space. Staff is still working to secure
commitments and pricing for those features and anticipates having that back for
discussion at a later date if the price warrants additional commission action.
AMOUNT REQUESTED: $31,075.00 AMOUNT BUDGETED: $115,000
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(21/22 & 22/23)
FUND OR ACCOUNT: 202
STAFF RECOMMENDATION: Authorize staff to accept the bid from Give Em A Brake
Safety in the amount of $31,075 to provide traffic control services in conjunction with
the Shoreline Drive Road Diet Pilot.
Motion by Commissioner St.Clair, second by Commissioner Ramsey, to authorize
staff to accept the bid from Give Em A Brake Safety only for Phase 1 and Phase 2
Traffic Control during the Fall of 2022 in the amount of $16,825 in conjunction
with the Shoreline Drive Road Diet Pilot and delay a decision on Phase 3 Traffic
Control until results of the Fall Pilot are available for consideration.
ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Gorman, Emory, and St.Clair
Nays: German
MOTION PASSES
J. Rezoning of 2043, 2051, 2065, and 2075 Dowd to Form Based Code, Urban
Residential Planning
SUMMARY OF REQUEST: Staff-initiated request to rezone the properties at 2043, 2051,
2065 and 2075 Dowd Street from R-3, High Density Single Family Residential to Form
Based Code, Urban Residential.
Staff is in discussions with a developer that is requesting to build duplexes on the lots.
These properties are located about 600 feet north of the duplexes currently being
constructed at the corner of Hackley/Dowd. Those properties were approved for a
rezoning in 2021. There are also large apartment complexes located just to the
southwest of these parcels. The Planning Commission recommended approval of the
rezoning by a 5-0 vote at their August 11 meeting.
STAFF RECOMMENDATION: To approve the request to rezone the properties at 2043,
2051, 2065 and 2075 Dowd from R-3, High Density Single Family Residential to Form
Based Code, Urban Residential.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3,
High Density Single Family Residential to Form Based Code, Urban Residential.
ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
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2022-81 NEW BUSINESS:
A. Adelaide Pointe Cooperative Use Agreement City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the updated cooperative use
agreement and rescission of the former development agreement for the Adelaide Pointe
development.
A development agreement for the Adelaide Pointe development was approved by the
commission on October 26, 2021. Staff and legal counsel are negotiating with the
developer on revised terms and seek to rescind the former agreement.
Staff is seeking approval of the revised cooperative use agreement as the first step in a
final development agreement for the property. The cooperative use agreement
addresses the various property exchanges, how property will be accessible to the public,
and collaborative pursuit of funding. Staff and legal counsel have worked through
numerous iterations of this agreement with the developer and have reached agreement
that all can support.
Staff will seek approval of a revised development agreement at a future meeting.
STAFF RECOMMENDATION: To approve the updated cooperative use agreement and
rescind the development agreement formerly approved on October 26, 2021 for the
Adelaide Pointe development.
Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3,
High Density Single Family Residential to Form Based Code, Urban Residential.
*2/28/23 CORRECTION TO MOTION LANUGAGE below:
*Motion by Commissioner Ramsey, second by Commissioner Hood, to approve the
updated cooperative use agreement and rescind the development agreement
formerly approved on October 26, 2021 for the Adelaide Pointe development.
ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and Hood
Nays: None
MOTION PASSES
B. Designation of Voting Delegates for the Michigan Municipal League Annual
Meeting City Commission
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our officials
who will be in attendance at the Convention as an official representative to cast the vote
of the municipality at the Annual Meeting; and, if possible, to designate one other
official to serve as an alternate.
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Motion by Commissioner Ramsey, second by Commissioner Hood, to appoint
Mayor Ken Johnson and alternate Clerk Ann Meisch, to be in attendance and to
cast the vote of the municipality at the Annual Business meeting of the Michigan
Municipal League Convention.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Commissioner Ramsey requested and received an update from Leo Evans, Director of
the Department of Public Works, on the project on Terrace Street to hopefully clear up
any questions or concerns by the residents and neighbors. It is intended to have
construction complete on Terrace by mid-November to early December with the ability
to plant grass in the Spring. Access to all business is still able to be achieved by use of
side streets.
Mayor Johnson invited Public Safety Director, Tim Kozal, to introduce himself and talk
about how his first couple of weeks on the job has gone.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 7:23 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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City of Muskegon
City Commission Meeting
Minutes
January 24, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Attorney John Schrier
City Clerk Ann Meisch
1. Call To Order
Mayor Johnson called the meeting to order at 5:30 p.m.
2. Prayer
Pastor Tara Foreman from Bethany Christian Reformed Church opened the
meeting with prayer.
3. Pledge of Allegiance
The Commission and public recited the Pledge of Allegiance to the Flag.
4. Roll Call
As recorded above.
5. Honors, Awards, and Presentations
5.a Resolution Honoring Connie Navarro
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The City of Muskegon recognizes and honors the late Erenia "Connie"
Navarro as a community leader, a Latino champion, civil rights giant, small
business owner, social agency worker, volunteer, wife, mother and friend
of countless Muskegon Citizens. A resolution recognizing years of service
was read in English and in Spanish in front of family, friends, and
community members.
Action No. 2023-14
Motion by: Vice Mayor German
Second by: Commissioner Ramsey
To designate Walton Avenue from Terrace to Pine Streets as Connie
Navarro Way.
MOTION PASSES
5.b Mental Health Crisis Team- Introduction/Presentation
Public Safety Director Tim Kozal introduced Heather Wiegand,
HealthWest Supervisor. Heather Wiegand introduced Office Andy McKee
and Michelle Pouch, a Master Clinician Social Worker. Michelle will be our
Master Clinician Social Worker and is embedded with the Muskegon
Police Department to go on calls with officers for mental crises.
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-15
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To accept the consent agenda as presented, minus items B, D, H, I, and J.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
7.a Approval of Minutes - City Clerk
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To approve the minutes of the December 28, 2022 Special Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.c Signing Purchase Agreements - City Manager
Staff is requesting approval of a resolution which specifies who can sign
purchase agreements on behalf of the city.
The resolution names Jonathan Seyferth and LeighAnn Mikesell as city
employees who are authorized to sign purchase agreements on behalf of
the city.
STAFF RECOMMENDATION: To approve the resolution authorizing
specific city staff to sign purchase agreements on behalf of the city.
7.e Sale of 1334 Pine Street - City Manager
Staff is requesting approval of a purchase agreement for 1334 Pine Street.
1334 Pine Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is for
the full listing price and is contingent on the sale of the buyer’s current
home. The realtor will allow 14 days for the buyer to sell their current
home, then continue to accept offers.
STAFF RECOMMENDATION: To approve the purchase agreement for
1334 Pine Street.
7.f Sale of 373 Catawba Avenue - City Manager
Staff is requesting approval of a purchase agreement for 373 Catawba
Avenue. 373 Catawba Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is for the full listing price with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
373 Catawba Avenue.
7.g Special Events - DPW
Staff is seeking approval of a proposed change to the Special Event
Policy. The revised Special Event Policy with the proposed addition of not
closing Western Ave for a walk or run is provided This was discussed at
the October 10, 2022 Worksession meeting but staff neglected to include
the change in the policy.
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STAFF RECOMMENDATION: To approve the change to the Special
Event Policy.
7.k Sale of 548 E. Dale - Community and Neighborhood Services
Seeking authorization to sell 548 E Dale to a qualified buyer. The CNS
Department utilized HOME Investment Partnership Program funds to
rehabilitate a home at 548 E Dale to sell through our Homebuyer Program.
Renovations are completed, and a qualified buyer, Lindsey Sweezer, has
put in an offer of $145,000 with a $14,000 subsidy, which CNS has
accepted. Income from this sale will be reinvested in our programming.
STAFF RECOMMENDATION: Adopt the resolution for the sale of 548 E
Dale to Lindsey Sweezer and authorize the City Clerk to sign it.
7.b Community Relations Commission Recommendations - City Clerk
To concur with the CRC recommendations to remove member from the
Farmers Market Advisory Board and make the appointments detailed
below.
The CRC recommends:
Removing Woody Van Blargan – Seasonal Food Vendor – Term
Expiring 1/31/2024 from the Farmers Market Advisory Board.
Making the following appointments:
Board of Review - Reappoint Pamela Smith; Appoint Clinton Todd
& Don Hammond (Citizens)
Citizen’s Police Review Board – Reappoint William Muhammad &
Rozelia Patino (Members of a Minority-Based Organization),
Robert Roundtree (Citizen At-Large), Ron Hayward & Ann Craig
(Neighborhood Association Representatives); Appoint Eric Hood
(Law Enforcement Professional)
Civil Service Commission – Reappoint Johnny Brown (Citizen)
Construction Code Board of Appeals – Reappoint Lane Bensten
(Electrical), Joshua Ohst (Public Health) and Wade VandenBosch
(Construction Manager)
Downtown Development Authority – Reappoint Jay Wallace
(Member with interest in the property in the district), Brad Hastings
& Martha Bottomley (Citizens) & Doug Pollock (Resident of the
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district); Appoint Kiel Reid & Bob Tarrant (Members with interest in
the property in the district)
Election Commission – Reappoint Casey Allard (Citizen)
Equal Opportunity Committee – Reappoint Jared Gazarek
(Citizen representing Ward 2)
Farmers Market Advisory Board – Reappoint Jon Visser
(Seasonal Farmer), Kathi Upman (Seasonal Crafter/Artisan), &
Cindy Larsen (Citizen)
Historic District Commission – Reappoint Kimi George (Person
with occupational or financial interest in one or more of the
historical districts) & David Gregersen (Citizen)
Housing Code Board of Appeals – Reappoint Kim Burr (Citizen);
Appoint Steven Frantz (Citizen)
Housing Commission – Reappoint Ken Grant (Citizen)
Income Tax Board of Review – Appoint Bethanny Cody
(Resident)
Lakeside Business Improvement District – Reappoint Louise
Hopson & Kathy Fearnley (Assessed property owners or their
representatives)
Local Officer’s Compensation Commission – Reappoint Marty
Ferriby (Citizen)
Planning Commission – Reappoint Bryon Mazade, Larry Spataro
& Jill Montgomery-Keast (Citizens)
Zoning Board of Appeals – Reappoint Virginia Taylor, Jill
Montgomery-Keast, & Jonathan Witmer (Residents); Appoint Mike
Gallavin (Resident)
STAFF RECOMMENDATION: To concur with the recommendation of the
CRC to make the above removal and appointments.
Action No. 2023-16
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
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To concur with the recommendation of the Community Relations
Committee to make the above removal and appointments.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.d Sale of 1330 Pine Street - City Manager
Staff is requesting approval of a purchase agreement for 1330 Pine Street.
1330 Pine Street was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. Once seller
concessions are included, the offer is for the full listing price.
STAFF RECOMMENDATION: To approve the purchase agreement for
1330 Pine Street. The buyer requested a refrigerator, stove, and air
conditioning, the sales price was increased to cover the additional costs.
Action No. 2023-17
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the purchase agreement for 1330 Pine Street.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Ramsey
Absent (1): Commissioner Emory
MOTION PASSES (6 to 0)
7.h 2023 User Fee Update - Finance
City Departments have reviewed and updated their user fees and these
have been incorporated into the Master Fee Resolution that is provided for
your consideration.
STAFF RECOMMENDATION: To approve the 2023 Master Fee
Resolution.
Action No. 2023-18
6
Packet Page 18
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To approve the 2023 Master Fee Resolution
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.i Deficit Elimination Plan - Marina - Finance
To approve the Deficit Elimination plan and resolution for the Marina Fund
and direct staff to submit plan to the State of Michigan.
At June 30, 2022 the Marina Fund had a $395,374.00 deficit. Act 275 of
Public Acts of 1980 requires the City to formulate a deficit elimination plan
and submit it to the Michigan Department of Treasury. The deficit
elimination plan and resolution for the Sewer Fund are attached.
AMOUNT REQUESTED: $450,000
FUND OR ACCOUNT: General Fund to Marina Fund
STAFF RECOMMENDATION: To approve the deficit elimination
resolution for the Marina Fund.
Action No. 2023-19
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
Tp approve the deficit elimination resolution for the Marina Fund.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.j Deficit Elimination Plan- Brownfield Redevelopment Authority
(combined) - Finance
7
Packet Page 19
To approve the Deficit Elimination plan and resolution for the Brownfield
Redevelopment Authority (combined) and direct staff to submit plan to the
State of Michigan.
At June 30, 2022 the Brownfield Redevelopment Authority (combined) had
a $64,211.00 deficit. Act 275 of Public Acts of 1980 requires the City to
formulate a deficit elimination plan and submit it to the Michigan
Department of Treasury. The deficit elimination plan and resolution for the
Brown Field Redevelopment are attached.
STAFF RECOMMENDATION: To approve the deficit elimination
resolution for the Brownfield Redevelopment.
Motion by: Vice Mayor German
Second by: Commissioner Hood
To approve the deficit elimination resolution for the Brownfield
Redevelopment.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Housing Board of Appeals, Demolition - 835 W. Forest, 1043
Washington, and 1642 Dyson - Public Safety
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
Housing Board of Appeals has deemed 835 W Forest, 1043 Washington
and 1642 Dyson to be in property maintenance violation. Property has
been a long-standing area of blight and public nuisance/hazard.
STAFF RECOMMENDATION: To concur with the Housing Board of
Appeals decision to demolish and authorize administration to obtain bids
8
Packet Page 20
for the demolition and that the Mayor and Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder.
Action No. 2023-21
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder for the property at 1642
Dyson Street.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Action No. 2023-21
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder for the property at 1043
Washington Avenue.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Action No. 2023-21
Motion by: Vice Mayor German
Second by: Commissioner Hood
To table the decision regarding demolition of 835 W. Forest until the
February 28, 2023 City Commission meeting.
9
Packet Page 21
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.b First Amendment to Parkland Marina, LLC Development Agreement -
City Manager
The objective of this amendment is to memorialize the public access
commitments within the 350 Shoreline Drive Development Agreement with
Parkland Marina, LLC. Public access under the former dedication is
temporarily restored until construction commences and new public access
is guaranteed within project as a condition to issuing building permits. The
amendment also extends certain deadlines and provides a payment to the
City from Parkland Marina, LLC in the amount of $25,000.00.
This first amendment to the development agreement between the City and
Parkland Marina, LLC grants the public a temporary license which returns
public access to its status prior to the sale of the development property to
Parkland Marina, LLC until construction commences. Additionally, the City
and Parkland Marina, LLC must approve a new public access instrument
prior to the issuance of any building permits. The amendment also
increases the purchase price for the development property from $1.00 to
$25,000.00, extends certain deadlines, and requires the City to vacate the
“driveway” within the former dedication pursuant to City ordinance.
City staff identified certain public access commitments discussed with the
developer that needed to be included or clarified in the written
Development Agreement signed March 25, 2021. City staff and the
developer met in the Summer of 2022 to discuss putting those
commitments in writing. The amendment was delayed due to a lawsuit
filed against the City by a neighboring property owner related to the
Development Agreement on August 24, 2022. The purchase price
increase, deadline extensions, and the requirement for the City to “vacate”
the former dedication are included to address issues raised in that lawsuit.
In discussion with legal counsel, the new obligations and increased
purchase price can potentially resolve the lawsuit which concerns the
value received by the City for the sale of the development property. The
City receives a commitment by the developer to restore public access now
and at the completion of the project, receives an additional $25,000.00,
and the only concession is to extend the developer’s deadline due to
10
Packet Page 22
delays caused by the lawsuit. This is fair consideration for the
development property taking into account that the development property
was burdened by a permanent easement for parking lot purposes which
could never terminate without the developer’s agreement, the
environmental concerns with the development property, and the fact that
public access is guaranteed before and after construction of the project. A
public hearing would be held to vacate the former dedication’s “driveway.”
STAFF RECOMMENDATION: To approve the First Amendment to the
Development Agreement between the City of Muskegon and Parkland
Marina, LLC
Action No. 2023-22
Motion by: Commissioner Hood
Second by: Commissioner Ramsey
To approve the First Amendment to the Development Agreement between
the City of Muskegon and Parkland Marina, LLC.
Ayes: (1): Mayor Johnson
Nays: (6): Commissioner Gorman, Commissioner St.Clair, Commissioner
Hood, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
MOTION FAILS (1 to 6)
11. Any Other Business
Debra Santiago-Sweet, Community Engagement Manager for the City of
Muskegon, invited participation in two upcoming public events.
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
14. Adjournment
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To adjourn the City Commission Meeting at 9:35 p.m.
11
Packet Page 23
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
12
Packet Page 24
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: Title: Financing a Fire Pumper Truck
February 28, 2023
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: At this time, we are seeking authorization to enter into a lease agreement
with Huntington Bank for the purchase of a Fire Pumper Truck.
Detailed Summary & Background: Summary: At the August 10, 2021 City Commission
meeting the Commission voted to purchase two Fire Trucks. The first truck has already
been financed in 2021. By the beginning of March 2023, the second Fire Pumper Truck
will be ready to purchase for $761,602.65. At this time, we are seeking authorization to
enter into a lease agreement with Huntington Bank. The proposed terms are for a five-
year lease at 4.4% interest rate with the City purchasing the truck at the end of the lease
for $1. There is a one-time $500.00 processing fee.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices
Amount Requested: Amount Budgeted: $14,163.97 per month for
60 months
Fund(s) or Account(s): Fund(s) or Account(s):101-50336-5700
Recommended Motion: To allow staff to enter into a lease agreement with Huntington
Bank for Fire Pumper Truck.
Approvals: Get approval from Guest(s) Invited / Presenting
division head at a minimum prior
to sending to the Clerk. Yes
Immediate Division Head No
Information Technology
Other Division Heads
Communication
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 25
TERM SHEET
Date: February 20, 2023
Issue: Installment Purchase Agreement (the “IPA”)
Issuer/Borrower: City of Muskegon, County of Muskegon, State of Michigan (“Issuer”)
Purchaser/Lender: Huntington Public Capital Corporation (“Huntington”)
Security: The Fire Truck
Principal Amount: $761,602.65
Use of Proceeds: The City desires to acquire a fire truck.
Bond Counsel: TBD
Purchaser’s Counsel: N/A
Closing Date: March 20, 2023 (estimated)
Tax Status: Tax-Exempt (Bank Qualified)
5 Year Final Maturity: March 20, 2028
5 Year Interest Rate: 4.40%
Rate Adjustment: If the funding of the IPA has not occurred by March 24, 2023, then the Interest Rate and
payment will be adjusted to maintain Huntington’s economics as of the date of issuing
this Term Sheet.
Fee to Huntington: $500 Fee for Document Processing
Escrow Fee to Huntington: $500 Fee, if necessary
Transaction Fees: All transaction fees, including those of any attorney, shall be the responsibility of the
Issuer.
Interest Payments: Due and payable monthly, commencing on April 20, 2023 (estimated)
Principal Payments: Due and payable monthly, commencing on April 20, 2023 (estimated)
Optional Prepayment: The IPA may be subject to optional redemption at any time (in whole, but not in part) at a
price equal to the then outstanding balance (“Balance”), plus accrued interest to the date
fixed for redemption, plus a prepayment premium calculated as follows: 3% of the
Balance if paid in the first year of the IPA term; 2% of the Balance if paid in the second
and third years of the IPA term; and 1% of the Balance if paid in the fourth year of the IPA
Term; there shall be no prepayment penalty on the IPA if it is called for redemption in the
fifth year of the IPA term.
Direct Placement: Huntington is extending credit as a lender in the usual course of its loan business through
the purchase of the IPA for its own account in its normal and customary business
practice, with no current intention on the resale, distribution or transfer thereof.
Term Bond Election: The IPA will be single certificate term IPA, with principal payments representing
mandatory principal redemptions.
Packet Page 26
Term Sheet – City of Muskegon – Installment Purchase Agreement Page 2
Required Documentation: Draft transaction documents prepared by Huntington unless the City has a Bond Attorney
which it prefers to use. If that is the case, the documents will need to be reviewed by
Huntington prior to signature. Huntington also requires a closing memo, with wire
instructions, signed by an officer of the Issuer authorized in the resolution. In addition,
Huntington requires the original IPA, the certified resolution(s), all the signed closing
certificates, the signed legal opinion, if necessary, and a signed 8038G and non-arbitrage
and tax certificate, if the issue is tax-exempt, all emailed two days prior to the closing
date.
Paying Agent: Not required by Huntington
Rating: Not required by Huntington
POS/Official Statement: Not required by Huntington
CUSIP: Not required by Huntington
DTC Closing: Not required by Huntington
Proposal Expiration: This proposal shall expire at Huntington’s option if (a) Huntington has not received the
Issuer’s written acceptance by March 1, 2023; and (b) if the closing date of the IPA has
not occurred by March 24, 2023.
Thank you for the opportunity to offer a proposal on this request. We appreciate your consideration and look forward to
your favorable response. Should you have any questions regarding this term sheet, please do not hesitate to contact me.
Respectfully Submitted,
`xÜxw|à{ TA f{tÇÄx `tÜv exxÇ
Meredith A. Shanle, Vice President Marc Reen, Vice President, Government Banking
Huntington Public Capital Huntington National Bank
Phone: 313-410-8771 Phone: 616-235-6486
Email: [email protected] Email: [email protected]
Accepted By:
City of Muskegon
By
Name
Title
Date
Huntington Public Capital® ("HPC"), a division of The Huntington National Bank (the "Bank"), is providing the information contained in this document for
discussion purposes only in connection with an arm's-length transaction under discussion between you and HPC. If you are a "municipal entity" or
"obligated person" within the meaning of the municipal advisor rules (the "Rules") of the Securities and Exchange Commission, Rule 15Ba1-1 et seq.
this information is provided to you pursuant to and in reliance upon the "bank exemption," and/or other exemptions and/or the "general information"
exclusion provided under the Rules. HPC is acting for its own interest and has financial and other interests that differ from yours. HPC is not acting as a
municipal advisor or financial advisor, and has no fiduciary duty, to you or any other person pursuant to the Rules. The information provided in this
document is not intended to be and should not be construed as "advice" within the meaning of the Rules. HPC is not recommending that you take or
refrain from taking any action with respect to the information contained in this document. Before acting on this information, you should discuss it with
your own financial and/or municipal, legal, accounting, tax and other advisors as you deem appropriate. As used in this notice, the "Rules" means
Section 15B of the Securities Exchange Act of 1934, the Securities and Exchange Commission's Rule 15Ba1-1, et seq., and any related municipal
advisor rules of the Municipal Securities Rulemaking Board, all as they may be amended from time to time.
Packet Page 27
Interest Total Interest Principal Outstanding
Date Days Rate Payment Portion Portion Balance
Dated Date 3/20/2023 761,602.65
1 4/20/2023 30 4.40% 14,163.97 2,792.54 11,371.43 750,231.22 0.08333333 947.619167
2 5/20/2023 30 4.40% 14,163.97 2,750.85 11,413.12 738,818.10 0.16666633 1902.18286
3 6/20/2023 30 4.40% 14,163.97 2,709.00 11,454.97 727,363.13 0.24999933 2863.73486
4 7/20/2023 30 4.40% 14,163.97 2,667.00 11,496.97 715,866.16 0.33333233 3832.31184
5 8/20/2023 30 4.40% 14,163.97 2,624.84 11,539.13 704,327.03 0.41666533 4807.95545
6 9/20/2023 30 4.40% 14,163.97 2,582.53 11,581.44 692,745.59 0.49999833 5790.7007
7 10/20/2023 30 4.40% 14,163.97 2,540.07 11,623.90 681,121.69 0.58333133 6780.58509
8 11/20/2023 30 4.40% 14,163.97 2,497.45 11,666.52 669,455.17 0.66666433 7777.65278
9 12/20/2023 30 4.40% 14,163.97 2,454.67 11,709.30 657,745.87 0.74999733 8781.94378
10 1/20/2024 30 4.40% 14,163.97 2,411.73 11,752.24 645,993.63 0.83333033 9793.49808
11 2/20/2024 30 4.40% 14,163.97 2,368.64 11,795.33 634,198.30 0.91666333 10812.3465
12 3/20/2024 30 4.40% 14,163.97 2,325.39 11,838.58 622,359.72 0.99999633 11838.5366
13 4/20/2024 30 4.40% 14,163.97 2,281.99 11,881.98 610,477.74 1.08332933 12872.0975
14 5/20/2024 30 4.40% 14,163.97 2,238.42 11,925.55 598,552.19 1.16666233 13913.09
15 6/20/2024 30 4.40% 14,163.97 2,194.69 11,969.28 586,582.91 1.24999533 14961.5441
16 7/20/2024 30 4.40% 14,163.97 2,150.80 12,013.17 574,569.74 1.33332833 16017.4999
17 8/20/2024 30 4.40% 14,163.97 2,106.76 12,057.21 562,512.53 1.41666133 17080.9832
18 9/20/2024 30 4.40% 14,163.97 2,062.55 12,101.42 550,411.11 1.49999433 18152.0614
19 10/20/2024 30 4.40% 14,163.97 2,018.17 12,145.80 538,265.31 1.58332733 19230.7771
20 11/20/2024 30 4.40% 14,163.97 1,973.64 12,190.33 526,074.98 1.66666033 20317.1395
21 12/20/2024 30 4.40% 14,163.97 1,928.94 12,235.03 513,839.95 1.74999333 21411.2209
22 1/20/2025 30 4.40% 14,163.97 1,884.08 12,279.89 501,560.06 1.83332633 22513.0457
23 2/20/2025 30 4.40% 14,163.97 1,839.05 12,324.92 489,235.14 1.91665933 23622.673
24 3/20/2025 30 4.40% 14,163.97 1,793.86 12,370.11 476,865.03 1.99999233 24740.1252
25 4/20/2025 30 4.40% 14,163.97 1,748.51 12,415.46 464,449.57 2.08332533 25865.4423
26 5/20/2025 30 4.40% 14,163.97 1,702.98 12,460.99 451,988.58 2.16665833 26998.7078
27 6/20/2025 30 4.40% 14,163.97 1,657.29 12,506.68 439,481.90 2.24999133 28139.9216
28 7/20/2025 30 4.40% 14,163.97 1,611.43 12,552.54 426,929.36 2.33332433 29289.147
29 8/20/2025 30 4.40% 14,163.97 1,565.41 12,598.56 414,330.80 2.41665733 30446.4024
30 9/20/2025 30 4.40% 14,163.97 1,519.21 12,644.76 401,686.04 2.49999033 31611.7778
31 10/20/2025 30 4.40% 14,163.97 1,472.85 12,691.12 388,994.92 2.58332333 32785.2664
32 11/20/2025 30 4.40% 14,163.97 1,426.31 12,737.66 376,257.26 2.66665633 33966.9617
33 12/20/2025 30 4.40% 14,163.97 1,379.61 12,784.36 363,472.90 2.74998933 35156.8536
34 1/20/2026 30 4.40% 14,163.97 1,332.73 12,831.24 350,641.66 2.83332233 36355.0389
35 2/20/2026 30 4.40% 14,163.97 1,285.69 12,878.28 337,763.38 2.91665533 37561.504
36 3/20/2026 30 4.40% 14,163.97 1,238.47 12,925.50 324,837.88 2.99998833 38776.3492
37 4/20/2026 30 4.40% 14,163.97 1,191.07 12,972.90 311,864.98 3.08332133 39999.6193
38 5/20/2026 30 4.40% 14,163.97 1,143.50 13,020.47 298,844.51 3.16665433 41231.3277
39 6/20/2026 30 4.40% 14,163.97 1,095.76 13,068.21 285,776.30 3.24998733 42471.517
40 7/20/2026 30 4.40% 14,163.97 1,047.85 13,116.12 272,660.18 3.33332033 43720.2295
41 8/20/2026 30 4.40% 14,163.97 999.75 13,164.22 259,495.96 3.41665333 44977.5761
42 9/20/2026 30 4.40% 14,163.97 951.49 13,212.48 246,283.48 3.49998633 46243.4994
43 10/20/2026 30 4.40% 14,163.97 903.04 13,260.93 233,022.55 3.58331933 47518.1468
44 11/20/2026 30 4.40% 14,163.97 854.42 13,309.55 219,713.00 3.66665233 48801.4926
45 12/20/2026 30 4.40% 14,163.97 805.61 13,358.36 206,354.64 3.74998533 50093.6541
46 1/20/2027 30 4.40% 14,163.97 756.63 13,407.34 192,947.30 3.83331833 51394.6022
47 2/20/2027 30 4.40% 14,163.97 707.47 13,456.50 179,490.80 3.91665133 52704.4187
48 3/20/2027 30 4.40% 14,163.97 658.13 13,505.84 165,984.96 3.99998433 54023.1484
49 4/20/2027 30 4.40% 14,163.97 608.61 13,555.36 152,429.60 4.08331733 55350.8364
50 5/20/2027 30 4.40% 14,163.97 558.91 13,605.06 138,824.54 4.16665033 56687.5278
51 6/20/2027 30 4.40% 14,163.97 509.02 13,654.95 125,169.59 4.24998333 58033.3099
52 7/20/2027 30 4.40% 14,163.97 458.96 13,705.01 111,464.58 4.33331633 59388.1437
53 8/20/2027 30 4.40% 14,163.97 408.70 13,755.27 97,709.31 4.41664933 60752.2041
54 9/20/2027 30 4.40% 14,163.97 358.27 13,805.70 83,903.61 4.49998233 62125.4061
55 10/20/2027 30 4.40% 14,163.97 307.65 13,856.32 70,047.29 4.58331533 63507.8839
56 11/20/2027 30 4.40% 14,163.97 256.84 13,907.13 56,140.16 4.66664833 64899.685
57 12/20/2027 30 4.40% 14,163.97 205.85 13,958.12 42,182.04 4.74998133 66300.8094
58 1/20/2028 30 4.40% 14,163.97 154.67 14,009.30 28,172.74 4.83331433 67711.3505
59 2/20/2028 30 4.40% 14,163.97 103.30 14,060.67 14,112.07 4.91664733 69131.3557
60 3/20/2028 30 4.40% 14,163.81 51.74 14,112.07 0.00 4.99998033 70560.0725
5.08331333 0
Grand Totals 849,838.06 88,235.41 761,602.65 0
2005342.51
2.63305612
Packet Page 28
Agenda Item Review Form
Muskegon City Commission
Regular Meeting Date: February 28, 2022 Title: Landscaping Contract
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary: Staff requests award of a three-year landscaping services contract to Barry’s
Greenhouses in the amount of $111,185 (first year) for service areas including downtown, City Hall,
the Farmers Market, and others.
Detailed Summary & Background: Staff has worked with the Downtown BID, DDA, Chamber and
other stakeholders to develop a landscaping contract that covers a wide array of landscaping
services currently provided through the City Parks Department. There is a desire among the
stakeholders to improve the level of service being provided, and a desire among city staff to free
up staffing resources to improve service in other areas of the city parks. The RFP was presented
to the Commission at the November 7, 2022 combined work session and regular meeting, and the
results were discussed with the Commission at the Work Session Meeting on February 13, 2023.
The contract proposes eight (8) areas identified on the included map, with each area having a distinct
scope of work and a proposed assigned cost share, as a 3-year contract with optional extensions for
a 4th and 5th year. The original RFP included work in the Lakeside area, but those businesses have
decided not to participate at this time.
The Community Foundation for Muskegon County (CFFMC, via a generous donor, is participating in
this contract by contributing the full amount for the continuation of services at Hackley Park in the
amount of $36,500 (for the first year).
The DDA and Downtown BID discussed their future in a joint meeting on February 14, 2023. The
Downtown BID is expiring at the end of 2023, so the organizations have decided to jointly fund their
share going forward (the BID in year one, and the DDA in the following years). The City will manage
the contract on behalf of the BID and DDA and invoice for their portions ($38,925 in the first year).
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life – Enhanced Parks & Recreation Department and Services
Amount Requested: $27,840 Parks/General Amount Budgeted: $0 FY23
$7,920 Farmers Market As Needed FY24
Fund(s) or Account(s): 101-770 (Parks) Fund(s) or Account(s): 101-770 (Parks)
101-808 (Farmers) 101-808 (Farmers)
Recommended Motion: Authorize staff to enter into a three-year contract with Barry’s Greenhouses
for landscaping services in various parts of the City for a first-year contract total of $111,185.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Packet Page 29
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
Packet Page 30
Not Shown
Approximately 72 EA planter beds of various Farmers Market
size and shape located throughout the
downtown area, sample pictures attached.
200 Block West Western
Alcoa Square & Splashpad
(Included with Western Avenue Bid Area)
387 Morris Ave & 401 Morris Ave
Parking Lots
(Included with Western Avenue Bid Area)
Shoreline Drive
(Western to
Ottawa)
City Hall
Hackley Park Western Avenue
Third Street Fifth to Terrace
Packet Page 31
(Muskegon to First)
Description BID/DDA City GF CFFMC Farmers Market TOTAL
100%
Bid Area #001 - Western Avenue
$15,700.00 $15,700.00
100%
Bid Area #002 - Hackley Park
$36,500.00 $36,500.00
100%
Bid Area #003 - Third Street
$5,540.00 $5,540.00
100%
Bid Area #004 - City Hall
$6,090.00 $6,090.00
100%
Bid Area #005 - Farmers Market
$7,920.00 $7,920.00
100%
Bid Area #006 - Shoreline Drive
$17,250.00 $17,250.00
100%
Bid Area #007 - Various Flower Pots and Planters
$17,185.00 $17,185.00
10% 90%
Bid Area #008 - Irrigation Startup / Shutdown
$500.00 $4,500.00 $5,000.00
Total $38,925.00 $27,840.00 $36,500.00 $7,920.00 $111,185.00
Packet Page 321 of 1
Bid Tabulation
Bid Tabulation ‐ City of Muskegon Downtown Landscaping Bid
DJ's
Landscape
Barry's Greenhouse & Landscaping Mgmt Building Bridges Professional Services
Line
Description Year #1 Year #2 Year #3 Year #4 Year #5 Year #1 ** Year #1 Year #2 Year #3 Year #4 Year #5
Item
1 Bid Area #001 ‐ Western Avenue $ 15,700.00 $ 16,485.00 $ 17,309.25 $ 18,174.71 $ 19,083.45 $ 25,238.00 * * * * *
2 Bid Area #002 ‐ Hackley Park $ 36,500.00 $ 38,325.00 $ 40,241.25 $ 42,253.31 $ 44,635.98 $ 18,581.00 * * * * *
3 Bid Area #003 ‐ Third Street $ 5,540.00 $ 5,817.00 $ 6,107.85 $ 6,413.24 $ 6,733.90 $ 5,500.00 * * * * *
4 Bid Area #004 ‐ City Hall $ 6,090.00 $ 6,394.50 $ 6,714.23 $ 7,049.94 $ 7,402.43 $ 12,529.00 * * * * *
5 Bid Area #005 ‐ Farmers Market $ 7,920.00 $ 8,316.00 $ 8,731.80 $ 9,168.39 $ 9,626.81 $ 15,433.00 * * * * *
6 Bid Area #006 ‐ Shoreline Drive $ 17,250.00 $ 14,662.50 $ 15,395.63 $ 16,165.41 $ 16,973.68 $ 20,597.00 * * * * *
7 Bid Area #007 ‐ Various Flower Pots and Planters $ 17,185.00 $ 18,044.25 $ 18,946.46 $ 19,893.79 $ 20,888.47 $ 14,130.00 $ 12,503.20 $ 12,503.20 $ 12,503.20 $ 12,503.20 $ 12,503.20
8 Bid Area #008 ‐ Irrigation Startup / Shutdown $ 5,000.00 $ 5,500.00 $ 5,775.00 $ 6,063.75 $ 6,366.94 $90/Hour * * * * *
9 Bid Area #009 ‐ Lakeside Commercial District $ 12,460.00 $ 13,083.00 $ 13,737.15 $ 14,424.01 $ 15,145.21 $ 17,462.00 * * * * *
BID NOTES / CONDITIONS
** DJ's bid includes an annual escalator tied to the Social Security Administration's Cost of Living Adjustment (www.ssa.gov/cola) with a 3% minimum annual increase.
Building Bridges bid only on the pots and planters.
Packet Page 33
Bid Tabulation 1 of 1
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Sale of 769 Catawba
Submitted By: Sharonda Carson Department: CNS
Brief Summary: Seeking authorization to sell 769 Catawba to a qualified buyer.
Detailed Summary & Background: The CNS Department utilized HOME Investment Partnership
Program funds to rehabilitate a home at 769 Catawba to sell through our Homebuyer Program.
Renovations are completed, and a qualified buyer, Jacob Insinga, has put in an offer of $134,000 with
a $14,000 subsidy,
which CNS has accepted. Income from this sale will be reinvested in our programming.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022 2.4 Develop subsidies to improve housing affordability
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Adopt the resolution for the sale of 769 Catawba to Jacob Idsinga and
authorize the City Clerk to sign it.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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CITY OF MUSKEGON, MICHIGAN
A RESOLUTION FOR TO APPROVE THE SALE OF 769 CATAWBA TO JACOB IDSINGA
WHEREAS, the City of Muskegon has rehabilitated property at 769 Catawba Avenue, Muskegon, MI
49442 to make the property available for purchase by an income qualified buyer;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby authorizes the
sale of the property at 769 Catawba to Jacob Idsinga, a qualified buyer, for $124,900 with a $14,000
subsidy; and
BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director
of Community and Neighborhood Services or their designee to prepare and submit the necessary
documentation to execute the sale.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
February 28, 2023.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Relocation Plan
Submitted By: Sharonda Carson Department: CNS
Brief Summary: Seeking approval of the RARAP
Detailed Summary & Background:
As an entitlement community that receives CDBG and HOME funds from the US Department of
Housing and Urban Development (HUD), we are required to have a written Residential
Antidisplacement and Relocation Assistance Plan (RARAP). This plan has been reviewed and
approved by the regional relocation expert for HUD, Maureen Thurman on February 13, 2023.
The standards set forth in this plan minimizes and prevents unnecessary displacement of
people within our community for CDBG and HOME funded projects.
Goal/Focus Area/Action Item Addressed:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Adopt the resolution for the approval of the RARAP
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 37
City of Muskegon
Community and Neighborhood Services
Residential Anti-Displacement and Relocation Assistance Plan (RARAP)
CNS A-05 Revision Date: January 26, 2023 Approved:
1. Overview
This Residential Anti-Displacement and Relocation Assistance Plan (RARAP) is prepared by the
City of Muskegon in accordance with the Housing and Community Development Act of 1974, as
amended; and the U. S. Department of Housing and Urban Development (HUD) regulations at
24 CFR 42.325, and the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and is applicable to CDBG (24 CFR 570.606) and HOME-assisted (24 CFR 92.353)
projects. Its purpose is to establish standards and methods for minimizing displacement,
providing relocation assistance to displaced persons, replacement of demolished or converted
affordable housing units, and procedures for disclosure to the public and HUD.
2. Definitions
Displaced Person – Any person who moves from the real property or moves his or her personal
property from the real property (1) as a direct result of a written notice of intent to acquire, the
negotiations for, or the acquisition of, such real property in whole or in part for a project (2) as a
direct result of rehabilitation or demolition for a project or (3) as a direct result of a written
notice of intent to acquire or the acquisition rehabilitation or demolition of in whole or in part
other real property on which the person conducts a business or farm operation, for a project. A
non-exclusive list of persons who do not qualify as displaced persons is available at 49 CFR
24.2(a)(9)(ii).
Program/Project/Activity – Any activity or series of activities undertaken by a Federal Agency or
with Federal financial assistance received or anticipated in any phase of an undertaking in
accordance with the Federal funding Agency guidelines.
Uniform Act – Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (Pub. L. 91-646, 84 Stat. 1894; 42 U.S.C. 4601 et seq.), and amendments thereto.
3. Minimizing Displacement
Consistent with the goals and objectives of activities assisted under the Act, the City of
Muskegon will take the following steps to minimize the direct and indirect displacement of
persons from their homes or businesses:
Stage rehabilitation of apartment units to allow tenants to remain in the building/complex
during and after the rehabilitation, working with empty units first.
Arrange for facilities to house persons who must be relocated temporarily during
rehabilitation.
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Where feasible, give priority to rehabilitation of housing, as opposed to demolition, to
avoid displacement.
If feasible, demolish or convert only dwelling units that are not occupied or vacant
occupiable dwelling units (especially those units which are “lower-income dwelling
units” (as defined in 24 CFR 42.305).
Property acquisition will be highly selective; targeting only those properties deemed
essential to the need or success of the project.
Identify and mitigate displacement resulting from intensive public investment in
neighborhoods.
Priority will be placed on the purchase of unoccupied buildings, if suitable.
4. Assessment of Applicability & Planning
The Community and Neighborhood Services Department of the City of Muskegon is responsible
for implementing the following procedures for reviewing projects, assessing eligibility,
notification and execution of relocation for federally funded projects through CDBG and HOME
Programs:
A. Before funds are committed, projects must be reviewed by the Director of CNS to ensure
the measures to mitigate displacement found in Section 2 of the RARAP are followed. In
addition, the project site must be reviewed for the following:
i. Previous/current use and occupancy
ii. Easements
iii. Ownership
iv. History of development and state of current development
B. If temporary or permanent displacement is anticipated to occur in association with a
HUD funded activity a written relocation plan must be developed before funds are
committed. The plan must include the following:
i. Occupancy, with clarifications for recent vacancies.
ii. Determinations of whether any business, farm, or nonprofit will be relocated.
iii. Eligibility of current occupants to qualify to stay in the property after completion
of the project.
iv. Number of owners/tenants/businesses to be displaced temporarily and
permanently.
v. Draft Notices of Displacement and Non-displacement as applicable.
vi. Availability of suitable, decent safe and sanitary units for use for residential
displaced persons. Replacement site availability for businesses, farms, and
nonprofits that are displaced.
vii. Estimated costs.
viii. Timelines for notification, relocation, payment, etc.
5. Relocation Assistance to Displaced Persons
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The City of Muskegon will provide relocation assistance for lower-income tenants who, in
connection with an activity assisted under the CDBG and HOME Programs, move permanently
or move personal property from real property as a direct result of the demolition of any dwelling
unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24
CFR 42.350. A displaced person who is not a lower-income tenant, will be provided relocation
assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24.
To reduce the burden for households that are displaced, the City of Muskegon will strive to:
Time the acquisition and/or demolition of properties to allow the maximum amount of
time and attention for tenant and owner relocation.
Ensure temporary displacement due to rehabilitation is for as brief a period as possible.
Owners and tenants of properties who may be displaced will be given at least a ninety-
day notice offering comparable housing prior to being required to move.
All claims for relocation assistance will be reviewed in an expeditious manner. The
claimant will be promptly notified of any additional documentation that is required to
support the claim. Payment of the claim shall commence within 30 days of approval of
the claim.
All persons to be displaced as a result of a federally funded activity shall be offered
relocation advisory assistance as outlined in 49 CFR 24.205, including assistance filing
claims and appeals.
HOME funded projects must provide, to the extent feasible, displaced residential tenants
reasonable opportunity to lease and occupy a decent, safe, and sanitary and affordable dwelling
unit in the completed project.
6. Replacement Housing Payment (RHP) Installment Policy
In providing relocation assistance in connection with any program administered by the
Department of Housing and Urban Development, the agency may not make lump-sum payments
to any displaced residential tenant, except where necessary to cover: (1) moving expenses; (2) a
down-payment on the purchase of a replacement residence, including a condominium unit or
membership in a cooperative housing association; or (3) any incidental expenses related to
paragraph (1) or (2). Payments over $500 will be made in a minimum of 3 installments.
Payments under $500 will be made in a minimum of two installments with a four-month interval
between payments.
7. One-for One Replacement of Lower-Income Dwelling Units
The City of Muskegon will replace all occupied and vacant occupiable lower-income dwelling
units demolished or converted to a use other than lower-income housing in connection with a
project assisted with funds provided under the CDBG and HOME Programs in accordance with
24 CFR 42.375.
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Before entering into a contract committing the City of Muskegon to provide funds for a project
that will directly result in demolition or conversion of lower-income dwelling units, the City of
Muskegon will make public by issuing a public notice to be public via the mLive Media Group,
which operates the local newspaper of general circulation and submit to HUD the following
information in writing:
A. A description of the proposed assisted project;
B. The address, number of bedrooms, and location on a map of lower-income dwelling units
that will be demolished or converted to a use other than as lower- income dwelling units
as a result of an assisted project;
C. A time schedule for the commencement and completion of the demolition or conversion;
D. To the extent known, the address, number of lower-income dwelling units by size
(number of bedrooms) and location on a map of the replacement lower-income housing
that has been or will be provided.
E. The source of funding and a time schedule for the provision of the replacement dwelling
units;
F. The basis for concluding that each replacement dwelling unit will remain a lower-income
dwelling unit for at least 10 years from the date of initial occupancy; and
G. Information demonstrating that any proposed replacement of lower-income dwelling
units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or
any proposed replacement of efficiency or single-room occupancy (SRO) units with units
of a different size, is appropriate and consistent with the housing needs and priorities
identified in the HUD-approved Consolidated Plan and 24 CFR 42.375(b).
To the extent that the specific location of the replacement dwelling units and other data in items
4 through 7 are not available at the time of the general submission, the City of Muskegon will
identify the general location of such dwelling units on a map and complete the disclosure and
submission requirements as soon as the specific data is available.
8. Written Appeals
The City of Muskegon will promptly review appeals in accordance with the requirements of
applicable law and 49 CFR 24.10 of the Uniform Act regulations.
Any person who believes he/she has been displaced for a federally assisted project may file a
written appeal with the City of Muskegon administering the grant funds under CDBG and
HOME. If a person believes that the City of Muskegon has failed to properly consider the
person's application for assistance under the Uniform Act or Section 104(d) of the Housing and
Community Development Act, by denying benefits, an appeal should be sent to, and will be
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reviewed by, the City of Muskegon. Please contact the Community and Neighborhood Services
Department of the City of Muskegon if you wish to discuss an appeal at:
Contact Person: Sharonda Carson, Director of CNS
Address: 933 Terrace Street, Muskegon, MI 49440
Phone Number: (231) 724-6968
Assistance, or lack thereof, that can be appealed may include the person's eligibility for, or the
amount of, payments required for moving, replacement housing or commercial re-establishment.
The City of Muskegon shall consider written appeals regardless of form. The City of Muskegon
may set a reasonable time limit for a person to file an appeal. The time limit shall not be less than
60 days after the person receives written notification of the Agency's determination on the
person's claim.
A person has a right to be represented by legal counsel or other representative in connection with
his or her appeal, but solely at the person's own expense.
The City of Muskegon shall permit a person to inspect and copy all materials pertinent to his or
her appeal, except materials which are classified as confidential. The imposition of reasonable
conditions on the person's right to inspect, consistent with applicable laws, will be set.
In deciding an appeal, the City of Muskegon will consider pertinent justification and material
submitted by the person, to ensure a fair and full review of the appeal. Promptly after receipt of
all information submitted by a person in support of an appeal, the City of Muskegon shall make a
written determination on the appeal, including an explanation of the basis on which the decision
was made, and furnish the person a copy. In addition, a low- or moderate-income household that
has been displaced from a dwelling may file a written request for review of the grantee's decision
to the HUD Field Office at the address below (24 CFR 570.606(f).
Detroit Field Office
U.S. Department of Housing and Urban Development
McNamara Federal Building
477 Michigan Avenue, Suite 1645
Detroit, MI 48226
Phone: (313) 226-7900
Fax: (313) 226-5611
TTY: (313) 226-6899
9. Contacts
The Community and Neighborhood Services Department of the City of Muskegon is responsible
for the tracking and replacement of lower income dwelling units and ensuring that they are
provided within the required period. In addition, this department is responsible for providing
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relocation payments and other relocation assistance to any lower-income person displaced by the
demolition of any dwelling unit or the conversion of lower-income dwelling units to another use.
CNS R-01
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CITY OF MUSKEGON, MICHIGAN
A RESOLUTION FOR TO APPROVE THE RESIDENTIAL ANTIDISPLACEMENT AND
RELOCATION ASSISTANCE PLAN (RARAP)
WHEREAS, the City of Muskegon has drafted a Residential Antidisplacement and relocation Assistance
Plan to minimize displacement in CDBG and HOME funded projects, and provide for assistance to any
displaced persons in accordance with federal regulations at 24 CFR 42.325,
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby approves of
the RARAP, and
BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director
of Community and Neighborhood Services or their designee to implement the measures described in the
RARAP
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
February 28, 2023.
BY: Ann Meisch, City Clerk
______________________________________________________________________________
Signature Date
Packet Page 44
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: 1194 Pine Lease
Agreement
Submitted By: Sharonda Carson Department: CNS
Brief Summary: Staff is seeking commission approval to adopt lease agreement for 1194 Pine St.
Unit B
Detailed Summary & Background: Tenant living at 1194 Pin Unit B is subject to protection from
displacement under the Residential Anti-displacement and Relocation Assistance Plan. The Plan was
executed by way of the Uniform Rental Assistance (URA) Act of 1070 to avoid unnecessary
displacement triggered by acquisition or demolition of properties purchased utilizing CDBG or HOME
funds.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022 2.4 Develop subsidies to improve housing affordability
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve both lease agreement for 1194 Pine St. unit B
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 45
RESIDENTIAL LEASE
NOTICE: Michigan law establishes rights and obligations for parties to rental agreements.
This agreement is required to comply with the Truth in Renting Act. If you have a question
about the interpretation or legality of a provision of this agreement, you may want to seek
assistance from a lawyer or other qualified person.
This Lease Agreement (the “Lease”) is entered into on ________________ (“Effective
Date”), between the City of Muskegon of 933 Terrace St., Muskegon, MI 49440 (“City”) and
Greg Chase, of 1194 Pine Street, Apartment B, Muskegon, MI 49442 ("Tenant"), on the terms and
conditions set forth below.
In consideration of the mutual promises of the parties set forth in this Lease and other
valuable consideration, the receipt and adequacy of which is acknowledged, the parties agree
as follows:
1. Description of Leased Premises. City leases to Tenant, and Tenant rents from
City, the residential premises located at 1194 Pine Street Unit B, Muskegon, MI 49442 (the
"Premises"), subject to all the terms and conditions of this Lease.
2. Term. The term of this Lease shall be for twelve (12) months commencing on
_____________, 2023 (“Commencement Date”) and ending on _________, 2024 (the “Term”),
unless sooner terminated as set forth in this Lease.
3. Rent. Tenant shall pay to City the monthly rent of $________.00 in advance on
the date that this Lease is signed by Tenant (the “First Payment”) and on the first day of each
month thereafter throughout the Term of this Lease (“Rent”). With respect to the rent due for the
first month of the tenancy, if the Lease is executed on a day other than the first day of the month,
Tenant shall pay City a prorated amount of $_______ per day for the remainder of the month.
Future rent shall be payable at the address for City listed above or at such other address as requested
by City. Tenant shall pay City a late fee of $25.00 for any Rent not received by City within five
(5) days of its due date. City’s right to collect this charge shall be in addition to City’s right to take
action under any other provision of this Lease for Tenant’s default in paying Rent or any other
charges.
If Tenant fails to perform an obligation of this Lease resulting in a monetary expenditure
by City, such amounts will be deemed additional rent immediately due and payable AND all
payments made to City will be applied first to any costs and expenses of City for having to collect,
including reasonable attorney fees, then to any unpaid: Security Deposit, First Payment; late fees;
unpaid utility charges; maintenance costs, repairs, or damages, past due rent; current rent due.
4. Security Deposit. At the time this Lease is signed, Tenant will deposit $_________
with City as a security deposit to be held in a regulated financial institution on City’s behalf
(“Security Deposit”) which may be used only for the purposes permitted under the Michigan
Security Deposit Act (MCL 554.601, et seq.). The fact that City holds the Security Deposit shall
not affect City’s right to obtain possession of the Premises for non-payment of rent or for any other
reason permitted by law. To the extent that the Security Deposit is not applied in the manner
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permitted by the Security Deposit Act, it shall be returnable to Tenant. Tenant shall receive no
interest on the Security Deposit. Tenant acknowledges receipt of a notice pursuant to MCL
554.603, a copy of which is attached to this Lease. It is specifically understood that the Security
Deposit shall not be considered prepaid rent and shall not be applied by Tenant on the last
month's rent.
5. Pet Charge. All pets are prohibited at the Premises unless specifically allowed in
writing by City, such authorization may be withheld for any reason. If a pet is permitted, Tenant
shall pay a nonrefundable $200.00 pet charge to City.
6. House Rules and Regulations. Tenant's use and occupancy of the Premises shall
be subject to the rules of the house furnished to Tenant with this Lease, subject to any reasonable
changes or amendments which may be made by City from time to time (the “House Rules”). Any
such changes or amendments shall be effective from the date notice is given to Tenant, or from the
effective date specified therein, whichever is later. City will give Tenant at least thirty (30) days
notice of any House Rule changes or amendments. Any violation of the House Rules, including
amendments, shall constitute an automatic default by Tenant of this Lease, and shall be grounds
for repossession of the Premises by City and forfeiture of Tenant's right to occupancy of the
Premises.
7. Use and Authorized Occupants. The only authorized occupants of the Premises
during the term of this Lease, other than Tenant, are __________________________________.
Tenant must reside in the Premises during the Term of this Lease, and Tenant shall use the
Premises only as a private dwelling for Tenant and the authorized occupants listed above. If any
person other than the authorized occupants listed above resides overnight at the Premises for more
than a total of fourteen (14) days during the term of this Lease, that person shall be treated as an
"Extra Occupant" for purposes of this Lease, and City may, at City's option, either declare such
residency to be an automatic default under this Lease, or, not declare an automatic default but
adjust the monthly rental rate upwards by the sum of $100.00 per month for every Extra Occupant
(“Occupant Rent”). Tenant shall be responsible for all Occupant Rent from the first month the
Extra Occupant began staying at the Premises and shall continue through the remainder of the
Term. For purposes of this paragraph, neither a biological child or a legally adopted child of Tenant
shall constitute an Extra Occupant.
8. Taxes. City shall pay all real property taxes and assessments on the Premises.
9. Insurance. City may, at City’s option, keep in force general public liability
insurance protecting City against claims for damage to person or property, including damage to
the Premises. City is under no duty to keep in force any insurance to protect the person or property
of Tenant. If Tenant wishes to enjoy insurance protection for Tenant's person or property, it shall
be Tenant's sole responsibility to obtain such insurance at Tenant's sole expense.
Tenant releases City from any liability arising from loss, damage, or injury caused by fire
or other casualty for which insurance is carried by Tenant under a policy that permits waiver of
liability and waives the insurer's rights of subrogation, to the extent of any recovery by the injured
party under the policy.
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10. Utilities. Tenant shall pay all utility charges on the Premises, including water,
sewer, electric, gas, telephone service, cable or satellite television, and Internet access. Tenant
shall place all such services in Tenant’s name for billing purposes immediately upon Tenant taking
possession of the Premises. Tenant’s failure to do so ten (10) days from taking possession of the
Premises shall be deemed an automatic default of this Lease.
11. Condition of Premises. Tenant accepts the Premises "AS IS", in its existing
condition. No representation, statement, or warranty, express or implied, has been made by or on
behalf of City as to the condition of the Premises. In no event shall City be liable to Tenant for
any defect in the Premises. No representation or warranty of habitability, express or implied, has
been made by or on behalf of City to Tenant. This Lease has been constructed with due
consideration of the requirements contained in MCL 554.139, which concerns a landlord's duty to
keep fit the premises and common areas, and specifically the modification of duties contained in
MCL 554.139(2). Nothing in this paragraph is intended to contradict or be in violation of the
Michigan Truth In Renting Act (MCL 554.632 et seq.).
Without limitation to the above, City specifically disclaims any warranty against,
knowledge of, or responsibility for the presence of lead-based paint, toxic mold, or any other
hazardous substance, patent or latent, in or near the Premises. Tenant may, at Tenant's expense,
prior to the commencement of the term of this Lease, conduct scientific testing of the Premises to
detect the presence of any hazardous substance, and Tenant's failure to conduct such testing shall
be deemed a complete release of City from any claim based on any hazardous substance. Tenant
acknowledges the receipt of City’s lead-based paint disclosure.
At the termination of this Lease, Tenant shall return the Premises and all equipment,
appliances, and fixtures in as good a condition as when Tenant took possession, ordinary wear and
tear excepted. Upon Tenant's failure to do so, City may restore the Premises, including all
equipment, appliances, and fixtures, to such condition, and Tenant shall be responsible to pay the
total cost of restoration.
Tenant agrees to leave the Premises clean, which shall include washing windows inside
and out, floors, walls, scrubbing the bathroom and kitchen, including the oven, refrigerator, and
kitchen cabinets. Tenant agrees to clean the carpeting in a professional manner at the termination
of this Lease. Tenant also agrees to remove all debris from the Premises at the termination of this
Lease. In the event Tenant does not complete this cleaning in a workmanlike manner, Tenant shall
be responsible for the total cost of a cleaning fee, based upon the time and cost involved in the
completion of the cleaning of the Premises.
12. Maintenance. Tenant shall maintain the Premises in reasonable repair during the
term of this Lease and comply with the health and safety laws of Michigan and the local unit of
government where the Premises are located.
All personal property in the Premises shall be at the risk of Tenant only, and City shall not
be liable for any loss of or damage to such personal property, to the Premises or to Tenant arising
from the bursting, stoppage, or leaking of water, gas, sewer or steam pipes, the stoppage or failure
of operation of any part of the mechanical plant of the building, or heating, air conditioning,
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plumbing or electrical facilities, or from any acts or neglect of co-tenants, Extra Occupants, guests,
invites, or others at the Premises on Tenant’s behalf.
As a condition of this Lease, City is required (i) to accomplish snow removal from the
driveway, sidewalks, steps, and related structures, as necessary, (ii) to perform or cause to be
performed all yard work necessary to maintain the yard in its current condition, and (iii) to make
all repairs to all appliances in the Premises, so long as such repairs are not due to Tenant’s miscount
or negligence.
13. Fire or Casualty. In the event the Premises are totally destroyed by fire, wind, or
other causes beyond the control of City, or are condemned or otherwise taken by authority of local,
state, or federal government, then in any of these events this Lease shall terminate as of the date
of such destruction, condemnation, or taking. If the Premises are damaged by fire, rain, wind, or
other such causes, so as to render the same partially untenable or partially unfit for use, but are
repairable within a reasonable time, then this Lease shall remain in full force and effect, but Rent
shall be proportionately reduced until the Premises are repaired, provided, however, City shall
have the right, at City's sole option, to place Tenant in suitable temporary quarters until the
Premises are again fully habitable.
14. Assignment or Subletting. Tenant is prohibited from assigning Tenant’s interest
in this Lease or from subletting the Premises.
15. Reserved Rights. City reserves the following rights:
a. to enter the Premises at all reasonable hours for inspection, repairs,
alterations, or additions; City intends to conduct a minimum of two regular inspections per
year and shall provide Tenant twenty-four (24) hours notice;
b. to enter the Premises for any purpose whatsoever related to the safety,
protection, preservation or improvement of the Premises or the building; and
c. to retain and use pass keys to the Premises.
The exercise of the reserved rights of City shall never be deemed an eviction or disturbance
of Tenant's peaceful use and possession of the Premises and shall never render City liable in any
manner to Tenant or to any person in the Premises.
16. Liens and Encumbrances. Tenant will not create or permit to be created or to
remain, and will promptly discharge, at Tenant's sole cost and expense, any lien, encumbrance or
charge upon the Premises or any part thereof, or upon Tenant's leasehold interest therein, which
lien, encumbrance or charge arises out of the use or occupancy of the Premises by Tenant or by
reason of any labor or materials furnished or claimed to have been furnished to Tenant or by reason
of any construction, alteration, addition, repair or demolition of any part of the Premises. Notice
is given that City will not be liable for any labor, services or materials furnished or to be furnished
to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that
no construction or other liens for any such labor or materials shall attach to the interest of City in
and to the Premises.
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17. Abandoned Property. It is expressly agreed by the parties that any personal
property left on the Premises by Tenant after Tenant vacates the Premises or after this Lease is
terminated may be considered by City to be abandoned by Tenant, and City shall have the right,
without further notice, to sell or otherwise dispose of the personal property, and retain the proceeds,
if any, derived from the same.
18. Keys and Locks. Tenant shall not install additional or different locks on any doors
or windows of the Premises without written permission of City, which may be withheld for any
reason. If Tenant is permitted to install additional or different locks, Tenant shall provide City with
a key for each such lock. At the termination of the Lease, Tenant shall return all keys to the
Premises to City. City may charge Tenant $25.00 for each key not returned, including for any
additional or different locks installed by Tenant.
19. Improvements by Tenant. Tenant agrees that all improvements of any type made
by Tenant to the Premises, including without limitation painting, the installation of fixtures or
appliances, snow removal or yard maintenance, shall be the property of City, and that Tenant shall
receive no credit against rent owed for such improvements and such improvements shall become
part of the Premises.
20. Default and Repossession. Both City and Tenant have read, understood, and agree
to all of the paragraphs of this Lease, including the attached House Rules, and that ANY infraction
of a provision of this Lease shall constitute an automatic default, providing grounds for the
immediate institution of summary proceedings and repossession by City.
If the Premises are deserted or vacated, or if there is a default in the payment of Rent or
any part thereof for more than seven (7) days after written notice of such default by City, or if there
is a default in the performance of any other covenant, agreement, condition, rule or regulation in
this Lease or incorporated by reference for more than seven (7) days after written notice of such
default by City, this Lease (if City so elects) shall become null and void, and City shall have the
right to reenter or repossess the Premises, either by summary proceedings, surrender, or otherwise,
and dispossess and remove Tenant, Extra Occupants, and any other guests, invitees, or others at
the Premises on Tenant’s behalf, and the entirety of the effects at the Premises, without being liable
to any prosecution. In such case, City may, at City’s option, relet the Premises or any part of the
Premises, as the agent of Tenant, and Tenant shall pay City the difference between the rent set
forth in Section 2 above for the portion of the term of this Lease remaining at the time of reentry
or repossession and the amount, if any, received or to be received under such reletting.
21. Lease Renewal. If Tenant has occupied the Premises for the full Term and has
maintained the Premises in good condition, made all Rent payments, and has acted in accordance
with all other terms provided for herein, unless otherwise terminated in writing by both parties,
this Lease shall automatically renew. The Term shall be extended by another twelve (12) month
period and all provisions herein shall continue in full force in effect (“Lease Renewal”).
Notwithstanding the forgoing, Rent for each Lease Renewal shall increase by at least __% but no
more than __% and City may, at its option, require Tenant to pay additional security deposit money
to adjust for the increase in Rent.
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22. Termination of Lease. Tenant may terminate this Lease for any reason during the
Term by providing City with written 30-day notice of such intent to terminate.
23. Termination of Lease (Drug Activity). In the event that Tenant, a member of
Tenant’s household, or other person under Tenant’s control has manufactured, delivered,
possessed with intent to deliver, or possessed a controlled substance on the Premises, City may
terminate this Lease on 24 hours’ notice by giving Tenant a written 24 hour notice to quit.
24. General Provisions.
a. Governing Law. This Lease is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
b. Entire Agreement. This Lease shall constitute the entire agreement, and
shall supersede any other agreements, written or oral, that may have been made or entered
into, by and between the parties with respect to the subject matter of this Lease and shall
not be modified or amended except in a subsequent writing signed by the party against
whom enforcement is sought.
c. Binding Effect. This Lease shall be binding upon, and inure to the benefit
of and be enforceable by, the parties and their respective legal representatives, permitted
successors and assigns.
d. Counterparts. This Lease may be executed in counterparts, and each set
of duly delivered identical counterparts that includes all signatories shall be deemed to be
one original document.
e. Non-Waiver. No waiver by any party of any provision of this Lease 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 Lease.
f. Severability. Should any one or more of the provisions of this Lease be
determined to be invalid, unlawful or unenforceable in any respect, the validity, legality
and enforceability of the remaining provisions of this Lease shall not in any way be
impaired or affected.
g. Venue. The parties agree that for purposes of any dispute in connection
with this Lease, the Muskegon County District or Circuit Court, as appropriate, shall have
exclusive jurisdiction and venue.
h. Terms. Nouns and pronouns will be deemed to refer to the masculine,
feminine, neuter, singular and plural, as the identity of the person or persons, firm or
corporation may in the context require.
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i. Full Execution. This Lease requires the signature of both parties. Until
fully executed, on a single copy or in counterparts, this Lease is of no binding force or
effect and if not fully executed, this Lease is void.
City and Tenant executed this Lease effective as of the date set forth above.
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR
PARTIES TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO
COMPLY WITH THE TRUTH IN RENTING ACT. IF YOU HAVE ANY
QUESTIONS ABOUT THE INTERPRETATION OR LEGALITY OF A
PROVISION OF THIS AGREEMENT, YOU MAY WISH TO SEEK ASSISTANCE
FROM A LAWYER OR OTHER QUALIFIED PERSON.
City of Muskegon -
___________________________________
By: _____________________________
Its: _____________________________
Date: _____________________________
Tenant(s) -
___________________________________
Name: _____________________________
Date: _____________________________
___________________________________
Name: _____________________________
Date: _____________________________
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HOUSE RULES
1. Waterbeds are prohibited.
2. Small dogs and cats may be permitted on the Premises on a case by case basis by City. All
other pets are prohibited, including, but not limited to, large dogs, birds, fish, rodents of all
kinds, reptiles or amphibians, bees or ants. Service animals permitted.
3. Tenant shall not allow visitors or guests to bring pets inside the Premises, or to keep pets
in the yard overnight.
4. Tenant shall not store any gasoline, fuel oil, toxic agents, or other potentially hazardous
substances on the Premises.
5. No auto repairs shall take place inside or on the Premises.
6. Motor vehicles such as motorcycles, snowmobiles, watercraft of any type, and the like shall
be kept outdoors and not stored inside the Premises, except in a garage. No vehicles shall
be parked or stored at any time in the front yard on the lawn.
7. Tenant and/or Tenant's guests shall not drive or park on the lawn or other landscaped
surfaces.
8. All garbage and refuse shall be stored in garbage pails or similar receptacles with tight
fitting lids.
9. Tenant shall not throw sweepings, rags, rubbish, garbage, etc., into toilets, bathtubs or
sinks, or any other place not provided for that use. Tenant shall be held strictly liable for
any damage to the Premises resulting from overflow from the toilet, sinks, and bathtub in
the Premises.
10. Tenant shall not use any method of heating the Premises other than that supplied by City.
11. Tenant shall not conduct any commercial business inside or from the Premises.
12. Tenant shall at all times control music, loud talking, and noise so as not to interfere with
the reasonable rights of the surrounding neighbors.
13. Tenant shall not perform any act or carry on any practice which may injure the Premises
or be a nuisance or menace to neighbors.
14. Tenant shall not use or permit visitors to use or possess controlled substances on the
Premises, such as marijuana, cocaine, and like substances.
15. Tenant shall fully comply with any and all local, county, state and federal ordinances which
affect the Premises.
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16. Tenant shall not hang pictures or other items from walls in the Premises by any means that
is not readily repairable. In particular, without limitation, Tenant shall not tape pictures or
other items to walls as this can permanently damage the walls.
17. Tenant shall not affix any antenna or satellite dish to the Premises without City’s prior
permission.
18. Tenant shall not paint any woodwork, trim, doors, or cabinets in the Premises.
Reviewed and Approved –
City of Muskegon -
___________________________________
By: _____________________________
Its: _____________________________
Date: _____________________________
Tenant(s) -
___________________________________
Name: _____________________________
Date: _____________________________
___________________________________
Name: _____________________________
Date: _____________________________
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NOTICE PERTAINING TO SECURITY DEPOSIT
Whenever provision is made for notice to City of any kind, it shall be deemed sufficient notice if
the notice is in writing and addressed to: ___________________________________________.
Whenever provision is made for notice to Tenant of any kind, it shall be deemed sufficient notice
if the notice is in writing and addressed to: __________________________________________.
Pursuant to MCL 554.604(1), Tenant's security deposit is on deposit with the regulated financial
institution listed below:
[Name of institution]
"You must notify your City in writing within 4 days after you move
of a forwarding address where you can be reached and where you will
receive mail; otherwise your City shall be relieved of sending you an
itemized list of damages and the penalties adherent to that failure."
MCL 554.603.
City of Muskegon -
___________________________________
By: _____________________________
Its: _____________________________
Date: _____________________________
Tenant(s) -
___________________________________
Name: _____________________________
Date: _____________________________
___________________________________
Name: _____________________________
Date: _____________________________
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COMMENCEMENT AND TERMINATION INVENTORY CHECKLIST
"YOU SHOULD COMPLETE THIS CHECKLIST, NOTING THE CONDITION OF THE
RENTAL PROPERTY, AND RETURN IT TO THE CITY WITHIN 7 DAYS AFTER
OBTAINING POSSESSION OF THE RENTAL UNIT. YOU ARE ALSO ENTITLED TO
REQUEST AND RECEIVE A COPY OF THE LAST TERMINATION INVENTORY
CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TO THE LAST
PRIOR TENANTS."
The following is the complete inventory checklist for the Premises located at _____________,
Muskegon MI ______. Any space left blank will be deemed an acknowledgment that the
item is in good, acceptable condition.
Beginning Ending
Condition Condition
Living Room
Door (Including locks) __________ __________
Patio Door __________ __________
Screen Door __________ __________
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Plugs and Switches __________ __________
Dining Room
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Lights & Switches __________ __________
Entry
Door __________ __________
Ceiling __________ __________
Walls __________ __________
Carpet/Floor __________ __________
Hallway
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Switches and Plugs __________ __________
Hall Closet
Door __________ __________
Ceiling __________ __________
Shelves __________ __________
Carpet/Floor __________ __________
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Beginning Ending
Condition Condition
Kitchen
Vinyl __________ __________
Walls __________ __________
Ceiling __________ __________
Lights and Switches __________ __________
Stove/Oven __________ __________
Refrigerator __________ __________
Disposal __________ __________
Sink __________ __________
Cabinets __________ __________
Counter top __________ __________
Bedroom #1
Door __________ __________
Windows __________ __________
Screens __________ __________
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Lights and Switches __________ __________
Closet __________ __________
Bedroom #2
Door __________ __________
Windows __________ __________
Screens __________ __________
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Lights and Switches __________ __________
Closet __________ __________
Bedroom #3
Door __________ __________
Windows __________ __________
Screens __________ __________
Carpet __________ __________
Walls __________ __________
Ceiling __________ __________
Lights and Switches __________ __________
Closet __________ __________
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Beginning Ending
Condition Condition
Basement
Lights & Switches __________ __________
Door __________ __________
Furnace __________ __________
General Area __________ __________
Stairway __________ __________
I have received (yes or no):
Broiler Pan __________ __________
Butter Dish __________ __________
Ice Cube Trays __________ __________
Beginning Condition Inventory Checklist made on __________________, _____.
Ending Condition Inventory Checklist made on _________________, _____
City of Muskegon -
___________________________________
By: _____________________________
Its: _____________________________
Date: _____________________________
Tenant(s) -
___________________________________
Name: _____________________________
Date: _____________________________
___________________________________
Name: _____________________________
Date: _____________________________
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NOTICE OF DAMAGES
or
Other Claim Against Security Deposit
Tenant's Name and City of Muskegon’s
Forwarding Address Mailing Address
____________________________________ ____________________________________
____________________________________
____________________________________ ____________________________________
______________________________________________________________________________
Item / Description of Damages or Other Charges / Cost or Estimate
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
________________________________________________________________________
Amount of Security Deposit = $
Total Damages/Charges = $
Total Rent Due + $
Amount Due to/from Tenant: = $
"YOU MUST RESPOND TO THIS NOTICE BY MAIL WITHIN 7
DAYS AFTER RECEIPT OF SAME, OTHERWISE YOU WILL
FORFEIT THE AMOUNT CLAIMED FOR DAMAGES." MCL 554.609
City of Muskegon -
___________________________________
By: _____________________________
Its: _____________________________
Date: _____________________________
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Lead-Based Paint Disclosure Form
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can
pose health hazards if not managed properly. Lead exposure is especially harmful to young children and
pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based
paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet
on lead poisoning prevention.
City’s Disclosure (initial)
____ (a) Presence of lead-based paint and/or lead-based paint hazards. [check (i) or (ii) below]
_____ (i) Known lead-based paint and/or lead-based paint hazards are present in the housing.
[explain]
_______________________________________________________
_______________________________________________________
_____ (ii) City has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
____ (b) Records and reports available to the City. [check (i) or (ii) below]
_____ (i) City has provided the lessee with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing. [list documents below]
_______________________________________________________
_______________________________________________________
_____ (ii) City has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
Tenant's Acknowledgment (initial)
____ (c) Lessee has received copies of all information listed above.
____ (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge,
that the information they have provided is true and accurate.
City of Muskegon - Tenant(s) -
___________________________________ ___________________________________
By: _____________________________ Name: _____________________________
Its: _____________________________ Date: ______________________________
Date: _____________________________
___________________________________
Name: ______________________________
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Date: ______________________________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Housing Board of Appeals, Demolitions
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible bidder.
Detailed Summary & Background: Housing Board of Appeals has deemed 835 W. Forest Ave to
be in property maintenance violation. Property has been a long-standing area of blight and public
nuisance/hazard.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: BIDS Amount Budgeted:
Contact Finance if your item does not fit into
the current budget.
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible bidder
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 28, 2023 Title: Housing Board of Appeals, Demolitions
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible bidder.
Detailed Summary & Background: Housing Board of Appeals has deemed 771 McLaughlin Ave
and 1984 Reynolds St. to be in property maintenance violation. Property has been a long-standing
area of blight and public nuisance/hazard.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: BIDS Amount Budgeted:
Contact Finance if your item does not fit into
the current budget.
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible bidder
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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