City Commission Packet 09-12-2023

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                                               City of Muskegon
                                           City Commission Meeting
                                                    Agenda

                                         September 12, 2023, 5:30 pm
                                              Muskegon City Hall
                                   933 Terrace Street, Muskegon, MI 49440

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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

   6.    Public Comment on Agenda Items

   7.    Consent Agenda

          7.a     Approval of Minutes - City Clerk                                                             1

         7.b      Rezoning of 417 Jackson Ave - 2nd Reading - Planning                                        18
      7.c    Rezoning of 1225 E Laketon Ave - 2nd Reading - Planning                             25

      7.d    Rezoning of several properties on Myrtle Ave, Allen Ave, and Jay St in the Angell   31
             Neighborhood - 2nd Reading - Planning

      7.e    Firefighting Turnout Equipment - Public Safety                                      38

      7.f    User Agreement - Muskegon YMCA - Parks & Recreation                                 48

      7.g    Laketon-Lakeshore Trail MNRFT Resolution - Public Works                             51

      7.h    Community Relations Committee Recommendations - City Clerk                          53

 8.   Public Hearings

      8.a    Approval of the Lakeside Business Improvement District Special Assessment -         55
             Economic Development

 9.   Unfinished Business

10.   New Business

      10.a    City ARPA Community Grant - Pioneer Resources, Inc.                                71

      10.b    Master Plan Adoption - Planning                                                    77

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: September 12,           Title: Approval of Minutes
2023

Submitted By: Ann Marie Meisch, MMC              Department: City Clerk

Brief Summary: To approve the minutes of the August 22, 2023 Regular Meeting.




Detailed Summary & Background:




Goal/Focus Area/Action Item Addressed:



Amount Requested:                                Budgeted Item:
                                                 Yes          No          N/A

Fund(s) or Account(s):                           Budget Amendment Needed:
                                                 Yes          No          N/A

Recommended Motion: To approve the minutes.



Approvals:                                       Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                           Yes

Other Division Heads                             No

Communication
Legal Review
                                 City of Muskegon
                             City Commission Meeting
                                     Minutes


                             August 22, 2023, 5:30 pm
                                Muskegon City Hall
                      933 Terrace Street, Muskegon, MI 49440

Present:              Mayor Ken Johnson
                      Commissioner Rachel Gorman
                      Commissioner Rebecca St.Clair
                      Vice Mayor Willie German, Jr.
                      Commissioner Michael Ramsey
                      Commissioner Teresa Emory

Absent:               Commissioner Eric Hood

Staff Present:        City Manager Jonathan Seyferth
                      City Clerk Ann Meisch
                      City Attorney John Schrier
                      Deputy City Clerk Kimberly Young


1.    Call To Order
      Mayor Ken Johnson called the City Commission meeting to order at 5:33 p.m.
2.    Prayer

      Pastor Adam Dollar, Evanston Avenue Baptist Church, opened the meeting with
      prayer.
3.    Pledge of Allegiance

      The Pledge of Allegiance to the Flag was recited by the Commission and the
      public.
4.    Roll Call
      As recorded above
5.    Honors, Awards, and Presentations
      5.a    Resident Honored for Life Saving Measures

                                         1
           Jenny Hart-Locke was awarded the Citizen CPR Life Saving Award in
           recognition of exceptional lifesaving efforts rendered to a citizen in distress
           on July 19, 2023 at The Deck, 1601 Beach Street, in the City of
           Muskegon. Jenny's act of heroism was a critical link in the patient's chain
           of survival and her dedication to the preservation of life is to be
           commended.
     5.b   Muskegon Fire Departments 150th

           Deborah Santiago-Sweet spoke about the City of Muskegon's Fire
           Departments 150th Celebration which includes a blood drive, parade,
           luncheon, community specials, and merchandise sales. A detailed
           schedule of celebration events can be found at mkgcity.com/mfd150
6.   Public Comment on Agenda Items
     Public comments were received.
7.   Consent Agenda
     Action No. 2023-89

     Motion by: Commissioner Ramsey
     Second by: Commissioner St.Clair
     To accept the consent agenda as presented, minus item 7e, 7f, 7h, 7o, and 7p.

     Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
     Mayor German, Commissioner Ramsey, and Commissioner Emory
     Absent (1): Commissioner Hood

                                                             MOTION PASSES (6 to 0)


     7.a   Approval of Minutes - City Clerk

           To approve the minutes of the August 2, 2023 Special Worksession
           Meeting and the August 7, 2023 Worksession/General Session Meeting.
           STAFF RECOMMENDATION: To approve the minutes.
     7.b   Certification of MERS Representatives - Finance
           Assigning Delegates for MERS Conference -

           The MERS plan document provides that “the governing body for each
           municipality shall certify the names of (2) delegates to the Annual Meeting.
           One delegate shall be a member who is an officer of the municipality

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      appointed by the governing body of the municipality. The other delegate
      shall be a member who is not an officer of the municipality, elected by the
      member officer/employees of the municipality.”

      The City’s employee units previously agreed to a rotating system (based
      on date of joining MERS) to select one official employee representative.
      This year the official employee representative attending the MERS
      conference will be Dave Baker from Non-Union Unit.
      The Officer Delegate will be Kenneth D. Grant, Finance Director this year.
      AMOUNT REQUESTED: $510 plus travel
      FUND OR ACCOUNT: 677-272-861

      STAFF RECOMMENDATION: To approve Kenneth Grant (Finance
      Director) as designated delegate to MERS Conference and to make Dave
      Baker employee representative.
7.c   Munetrix Contract - Finance

      Renewal of the Munetrix Contract for three years. Munetrix is software
      program that is used by the city to fulfill the State of Michigan’s guideline
      for transparency and City Village Township Revenue Sharing reporting
      requirements. It is also a performance analytical tool that is used by our
      citizens and others communities for comparative information.

      AMOUNT REQUESTED: $6,626 per year for three years. Total costs
      $19,878.00

      STAFF RECOMMENDATION: To allow the City Finance Director to renew
      the contract with Munetrix for three years.
7.d   Purchase of Salesforce - Economic Development
      City staff is requesting the purchase of Salesforce in order to be more
      sufficient in collecting data for retention visits and projects, creating
      reports by using analytics for industries, commercial corridors and much
      more.

      Salesforce is a cloud-based system, customer relationship management
      platform that enables businesses to manage customer data, sales
      operations, and marketing campaigns. Salesforce Database generates
      data for leads, tasks, opportunities, accounts, and notes. It also has the
      ability to customize the type and the amount of information the user



                                     3
      wishes to store. Salesforce can also use analytics to create reports and
      graphics that highlight trends seen in different industries.

      As the Economic Development team continues to grow, this tool will be
      very helpful for staff to have an idea of the progression of a business
      throughout the years, issues and challenges they’ve experienced at
      previous visits, and understanding the differences and similarities between
      businesses in different industries.

      City staff and our city attorney has reviewed the master service
      agreements provided by both Sales Force and Summit Technologies and
      are comfortable with moving forward.

      The total costs for Salesforce are $8,400. This price includes the following
      fees:

            $2,400 (annually) Sales & Service Cloud- Professional Edition

            $6,000 (one-time fee) for back end programming by Summit
             Technologies (3rd party)
      AMOUNT REQUESTED: $8,400
      FUND OR ACCOUNT: Contracted Services, Planning

      STAFF RECOMMENDATION: To approve the purchase of Salesforce and
      authorize the Director of Development Services to sign the purchase
      documents.
7.g   Rezoning of 1225 E Laketon Avenue - Planning

      Request to rezone the property at 1225 E Laketon Ave from I-2, General
      Industrial to B-4, General Business, by Tread Monkey, LLC. The Planning
      Commission unanimously recommended approval of the rezoning at their
      August 10 meeting.

      STAFF RECOMMENDATION: To approve the request to rezone the
      property at 1225 E Laketon Ave from I-2, General Industrial to B-4,
      General Business.
      SECOND READING REQUIRED

7.i   Amendment to the Zoning Ordinance - Fencing - 2nd Reading -
      Planning

      This is a staff-initiated request to amend the fencing ordinance to clarify
      the types of fences allowed. This is an effort to improve the quality of


                                     4
      fences erected throughout the City. The Planning Commission
      unanimously recommended approval of the amendment.

      STAFF RECOMMENDATION: To approve the request to amend the
      fencing ordinance as proposed.

7.j   Amendment to the Zoning Ordinance - Residential Design Criteria -
      2nd Reading - Planning
      This is a staff-initiated request to amend the residential design criteria
      section of the zoning ordinance. Many of the changes are small and for
      clarification reasons. Some requirements were removed because they are
      requirements already listed in the building codes. The removal of storage
      requirements and house widths on small lots are the biggest proposed
      changes. The Planning Commission unanimously recommended approval
      of the amendment.

      STAFF RECOMMENDATION: To approve the request to amend the
      residential design criteria ordinance as proposed.
7.k   30" Water Main Meter - DPW - Filtration

      An amendment to the Cost Sharing Agreement between the City of
      Muskegon and Muskegon County to permit the City to install a water
      meter on the 30” water main near the Water Filtration Plant.

      A 30” water main was recently constructed from the Water Filtration Plant
      to the Muskegon Channel. While the primary purpose of this water main
      was to provide a second connection to the Muskegon County Northside
      water system, it also serves the City of Muskegon’s water system. An
      existing water meter near the channel measures all water flow into the
      County water system, but it does not capture any water flow into the City.
      Installing a water meter near the Water Filtration Plant will measure all the
      water flowing through this main, including the currently unmetered water
      flowing into the City. Metering this water as it leaves the Water Filtration
      Plant is critical to overseeing water plant operations, managing the water
      fund, and ensuring regulatory compliance. The construction phase of this
      project is expected to begin this fall, and staff will return to the
      Commission at a later date for approval of the construction contract.

      An amendment to the original agreement between the City and the County
      is required to permit the City to install, operate, and maintain the water
      meter on the county-owned water main. Upon approval from the City



                                     5
      Commission, the amendment will be presented to the Muskegon County
      Board of Public Works for approval.

      STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the
      First Amendment to Cost Sharing Agreement.
7.l   DWRF ARPA Grant Agreement - DPW

      Authorize DPW Director to sign American Rescue Plan Grant Agreement
      for the Drinking Water projects (Morton, Wilcox, Thompson, and Lead
      Service Lines) awarded at the July 11, 2023 Commission meeting.

      Authorize DPW Director to sign American Rescue Plan Grant Agreement
      for the Morton, Wilcox, Thompson, and Lead Service Lines projects.
      Estimated Total Project Costs:

            DWSRF Eligible Project Cost Subtotal: $8,865,000

            DWSRF Loan No. 7467-01 Amount: ($5,628,495)

            Total Grant Amount:                 $3,236,505

      STAFF RECOMMENDATION: To authorize the DPW Director to sign ARP
      Grant Agreement for Project #7467-01.
7.m   Vehicle Purchases - DPW

      Staff requests approval to purchase three vehicles using budgeted funds
      from the General and Equipment funds.

      The Equipment Division is seeking approval to purchase three (3)
      administration vehicles from Lunghammer Ford using the Mi-Deal state
      bid-based pricing. One of these vehicles will be purchased by the
      Recreation Department for internal use while the other two will be
      assigned out by the Equipment department.
      AMOUNT REQUESTED: $82,005
      FUND OR ACCOUNT: 101-775($27,335) Rec - 642-563 ($54,670) Equip

      STAFF RECOMMENDATION: To approve the purchase of three vehicles
      from Lunghammer Ford for a total of $82,005 from the General and
      Equipment funds.
7.n   Vehicle Purchase - Skid Steer - DPW

      Staff requests approval to purchase a skid steer using budgeted
      Equipment funds. The Equipment Division is seeking approval to purchase


                                   6
      (1) Skid Steer Loader from Michigan Caterpillar from the Sourcewell
      pricing contract. This piece of equipment will be used at the beach for
      sand removal/maintenance, DPW building for ground maintenance and
      vehicle loading as well as snow removal downtown and surrounding
      areas.
      AMOUNT REQUESTED: $73,222.73
      FUND OR ACCOUNT: Equipment Fund - 661-563

      STAFF RECOMMENDATION: To approve the purchase of (1) one Skid
      Steer Loader from Michigan Caterpillar.
7.e   MDNR Spark Grant Agreement - Parks & Recreation

      Staff is requesting approval to execute the agreement for the MDNR
      Spark Grant for the construction of a new splash pad at Howmet
      Aerospace (Alcoa) Celebration Square.

      The City of Muskegon has been granted a $250,000 Spark Grant from the
      MNDR with a City match amount of $24,000. The City of Muskegon is
      required to execute the included agreement by the end of the month to
      meet funding requirements. The Howmet Aerospace Foundation is also
      contributing $50,000 to the project for improvements to the surrounding
      plaza.
      AMOUND REQUESTED: $24,000
      FUND OR ACCOUNT: 101-771

      STAFF RECOMMENDATION: To approve the MDNR Spark Grant
      agreement including the approving resolution, and authorize the DPW
      Director to sign.
      Action No. 2023-90(e)

      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To approve the MDNR Spark Grant agreement including the approving
      resolution, and authorize the DPW Director to sign.

      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Commissioner Hood


                                   7
                                                      MOTION PASSES (6 to 0)


7.f   Rezoning of 417 Jackson Avenue - Planning Department

      Staff-initiated request to rezone the property at 417 Jackson Ave from R-1,
      Low Density Single-Family Residential to Form Based Code,
      Neighborhood Core. The Planning Commission unanimously
      recommended approval of the rezoning at their August 10 meeting.

      STAFF RECOMMENDATION: To approve the request to rezone property
      at 417 Jackson Ave from R-1, Low Density Single-Family Residential to
      Form Based Code, Neighborhood Core.
      SECOND READING REQUIRED
      Action No. 2023-90(f)

      Motion by: Vice Mayor German
      Second by: Commissioner Ramsey

      To approve the request to rezone property at 417 Jackson Ave from R-1,
      Low Density Single-Family Residential to Form Based Code,
      Neighborhood Core.

      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Commissioner Hood

                                                      MOTION PASSES (6 to 0)


7.h   Rezoning of Several Properties on Myrtle Ave, Allen Ave, and Jay St.
      in the Angell Neighborhood - Planning

      Request to rezone the following parcels from R-3, High Density Single
      Family Residential to Form Based Code, Neighborhood Core: 139 Myrtle
      Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and
      923 Jay St, by Spire Development. The Planning Commission
      unanimously recommended approval of the rezoning at their August 10
      meeting.

      STAFF RECOMMENDATION: To approve the request to rezone 139
      Myrtle Ave; 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave;



                                    8
      and 923 Jay St from R-3, High Density Single Family Residential to Form
      Based Code, Neighborhood Core.
      SECOND READING REQUIRED
      Action No. 2023-90(h)

      Motion by: Vice Mayor German
      Second by: Commissioner St.Clair

      To approve the request to rezone 139 Myrtle Ave;
      140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay
      St from R-3, High Density Single Family Residential to Form Based Code,
      Neighborhood Core.

      Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Commissioner Ramsey, and Commissioner Emory
      Nays: (1): Vice Mayor German
      Absent (1): Commissioner Hood

                                                     MOTION PASSES (5 to 1)


7.o   SHPO (State Historic Preservation Office) CLG (Certified Local
      Government) Grant Agreement

      Staff is requesting approval to enter into the attached Certified Local
      Government (CLG) Grant Agreement in order to obtain $55,000 from the
      State Historic Preservation Office (SHPO) with the Michigan Strategic
      Fund (MSF) for monument conservation work at Hackley Park.

      At the January 10th, 2023 meeting, Commission approved the submittal of
      a grant application to the State Historic Preservation Office (SHPO) for
      monument conservation work at Hackley Park. The City was selected for
      a $55,000 award, and will need to pay $22,440 in matching funds as a
      part of the grant agreement. Due to an electronic signature requirement,
      the DPW Director will need to sign.

      The grant will allow us to complete recommended conservation work at
      the 5 sculptures within Hackley Park. The plan is to also completed work
      on the McKinley Statue and the Kearny Statue as they are of similar age
      and condition. These two structures are ineligible for grant funding
      (McKinley is privately owned, and Kearny is outside the designated
      historic district boundary). The owners of the McKinley statue are aware


                                   9
      of this and have agreed to participate in the cost for that piece, the cost for
      the work at Kearny will be a city responsibility but is ineligible to count
      towards the match.

      The conservator’s report, included at the end of the agreement, estimates
      the work on all 7 monuments at $81,520. With articulated or boom lifts
      and estimated cost increases over the past year the total project is
      estimated at $105,000. The City portion, including match, is $50,000.
      AMOUNT REQUESTED: $50,000
      FUND OR ACCOUNT: 101 (Capital Plan Budget)

      STAFF RECOMMENDATION: To approve the Certified Local Government
      Grant Agreement as presented including authorizing the DPW Director to
      sign.
      Action No. 2023-90(o)

      Motion by: Commissioner Ramsey
      Second by: Commissioner Gorman

      To approve the Certified Local Government Grant Agreement as
      presented including authorizing the DPW Director to sign.

      Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
      St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
      Emory
      Absent (1): Commissioner Hood

                                                        MOTION PASSES (6 to 0)


7.p   Contract Award - Nelson House Move - Development Services

      Staff is requesting authorization to enter into a contract with Deitz House
      Moving Engineers, Inc., in the amount of $237,500 to move the historic
      Nelson House from 1292 Jefferson Street to the City-owned vacant lot at
      382 W. Muskegon Avenue. The Nelson House is currently owned by
      Muskegon Public Schools and slated for demolition. Since the
      presentation at the March 13, 2023 Commission Worksession, staff has
      met with a number of house moving contractors and released a Request
      for Proposals for bids to move the house as well as complete excavation
      work and construct a new basement at 382 W. Muskegon. $200,000 was
      budgeted in the Public Improvement Fund for the work. If moved, the


                                     10
           house will be listed for sale in as-is condition and ultimately rehabilitated
           by a private owner.
           AMOUNT REQUESTED: $237,500
           FUND OR ACCOUNT: Public Improvement

           STAFF RECOMMENDATION: To authorize staff to enter into a contract
           with Deitz House Moving Engineers, Inc. in the amount of $237,500 to
           move the Nelson House to 382 W. Muskegon Avenue.
           Action No. 2023-90(p)

           Motion by: Commissioner St.Clair
           Second by: Commissioner Emory
           To authorize staff to enter into a contract with Deitz House Moving
           Engineers, Inc. in the amount of $237,500 to move the Nelson House to
           382 W. Muskegon Avenue.

           Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
           St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
           Emory
           Absent (1): Commissioner Hood

                                                              MOTION PASSES (6 to 0)


8.   Public Hearings

     8.a   Public Hearing - Approval of the Lakeside Business Improvement
           District Special Assessment - Economic Development
           The Lakeside Business Improvement District is requesting a special
           assessment for three more years starting in January of 2024.

           Funds from the Lakeside BID assessment in 2021-2023 has allowed for
           the BID to cover items that keep the integrity of the business district.
           Funds have been used to cover snow removal, Christmas decorations,
           landscaping and maintenance, Lakeside events, and advertisements in
           the Visitors Guide.

           In order to continue these services, the Lakeside BID has requested a
           final three-year assessment at a 20% reduction for 2024-2026, continuing
           with the current district boundaries. Class A properties will have a per
           parcel rate of $0.04 per square foot of lot size for a Commercial Property,


                                          11
not to exceed $1,600, and $0.02 per square foot of lot size for an
Industrial, Automotive or Utility Property, not to exceed $1,600. The
special assessments will be in the winter tax bills. After the additional
three years is complete, the BID will transition into the CIA.

City staff has provided a Special Assessment Packet that outlines the
overview of the request, a letter from the City of Muskegon Assessor, the
budget recommendation and explanation, and the properties included in
the assessment. City staff has introduced the special assessment at the
City Commission meeting on August 7th, 2023. If the district is created, a
second public hearing will be held on September 26 to confirm the special
assessment roll.

STAFF RECOMMENDATION: To approve the creation of a special
assessment district in the Lakeside Business Improvement District for
2024-2026.
Action No. 2023-91

Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair

To close the public hearing and approve the creation of a special
assessment district in the Lakeside Business Improvement District for
2024-2026.
PUBLIC HEARING COMMENCED:

Paul Korndorfer, 1883 Lakeshore Drive - supports the Special
Assessment - wants to know if the Air B & B's are also paying? Currently
not on assessment list - Roll has not been set so properties can still be
added.
 Mayor Johnson asked Mark Flermoen Lakeside BID Chairperson, to
share his plans for the Lakeside Fall Festival. The Lakeside Fall Festival
will include Street Performers, Bounce Houses, Hayrides, District
Businesses will participate as well as Tiki Boys and Lake Bluff Grill. There
will be a scare crow contest w/ business owners, and some business
owners will participate in Lakeside Give (owners give back) with donations
to the lighthouse, the Clipper, and Heaven Can Wait - all to take place in
the Lakeside Social District. Event is Saturday, October 7, 2023.




                               12
             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
             Emory
             Absent (1): Commissioner Hood

                                                             MOTION PASSES (6 to 0)


9.    Unfinished Business
10.   New Business
      10.a   Amendment to Zoning Ordinance, Residential Setback Requirements

             Staff-initiated request to amend Section 404 of the zoning ordinance to
             modify rear setback requirements and to create a front build-to zone in lieu
             of front setbacks in single-family residential zones. The Planning
             Commission recommended approval of the amendment by a 4-1 vote at
             their August 10 meeting.

             STAFF RECOMMENDATION: To approve the request to amend Section
             404 of the zoning ordinance as presented.
             Action No. 2023-92(a)

             Motion by: Commissioner St.Clair
             Second by: Commissioner Ramsey

             To approve the request to amend Section 404 of the zoning ordinance as
             presented.

             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
             Emory
             Absent (1): Commissioner Hood

                                                             MOTION PASSES (6 to 0)


      10.b City ARPA Community Grant - Pioneer Resources, Inc. - Manager's
           Office - REMOVED PER STAFF REQUEST

             *A Conflict of Interest Letter was signed by Commissioner Rachel Gorman
             related to this item. The Conflict of Interest statement was posted to the
             City's website and City's Facebook page on August 10, 2023.



                                          13
       https://muskegon-mi.gov/notice-of-conflict-of-interest/


10.c   Assistance to Firefighters Grant - Public Safety

       The fire department received notification on August 11, 2023 they
       received a FEMA grant to replace their aging and often out of service,
       breathing air compressor and fill system.

       In January 2023, the Fire Department applied for a grant from FEMA
       through the AFG (Assistance to Firefighters Grant) program. The
       equipment applied for was a new breathing air system to fill our air
       cylinders. Our current breathing air compressor system was purchased in
       1997. The three quotes we received for replacement were from West
       Shore Fire, Municipal Emergency Services (MES) and Breathing Air
       Systems (BAS).
       West Shore Fire: Did not provide a shipping cost. Would not entertain a
       trade-in quote. $ 62,260.97

       MES: A newer system on the market. There were no reviews available.
       Would not entertain a trade-in quote. $ 74,789.00

       BAS: Bauer is the current manufacture we have been using for 26 years.
       It’s has been proven to be good unit for us. Service times are usually
       within 48 hours. Breathing Air Systems will take our unit in on trade for
       $5k. They will remove the old system and take it with him when they
       deliver the new system. $78,593.80, less the trade in of $5,000 for a total
       of $73,593.80.

       At the time of submitting the grant, BAS quoted for a complete breathing
       air cascade system with shipping and installation for $77,250.00. The
       quote was only valid for 30 days. After the award we received an updated
       quote of $78,593.80, less the trade in of $5,000 for a total of $73,593.80.
       On August 11, 2023, the fire department received notification from FEMA
       our grant application was approved. The grant requires a 10% match of
       the requested funds.

       The fire department is requesting $7,359.38 for the purchase of the
       $73,593.80 breathing air compressor and cascade filling station with
       assistance from FEMA grant funding.
       AMOUNT REQUESTED: $7,359.38



                                     14
             FUND OR ACCOUNT: General Fund 101-336

             STAFF RECOMMENDATION: To approve the funding to purchase the
             breathing air compressor and cascade filling station from Breathing Air
             Systems.
             Action No. 2023-92(c)

             Motion by: Commissioner Ramsey
             Second by: Vice Mayor German

             To approve the funding to purchase the breathing air compressor and
             cascade filling station from Breathing Air Systems.
             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
             Emory
             Absent (1): Commissioner Hood

                                                             MOTION PASSES (6 to 0)


11.   Any Other Business

      11.a   Resolution of Support - Open Gates of Grace Ministries - Manager's
             Office

             To approve the resolution of support for the Open Gates of Grace
             submission of an application titled "Open Gates Project" to the MI
             Community Center grant program for Grace Space Programs at 1428
             Terrace Street Muskegon, Michigan.
             Action No. 2023-93(a)
             Motion by: Commissioner Ramsey
             Second by: Vice Mayor German

             To approve the resolution of support for the application of Open Gates of
             Grace for a project at their facility.

             Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
             St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
             Emory
             Absent (1): Commissioner Hood




                                          15
                                                           MOTION PASSES (6 to 0)


12.   Public Comment on Non-Agenda items
      Public comments were received.
13.   Closed Session
14.   Adjournment
      The City Commission meeting adjourned at 7:45 p.m.

      Motion by: Commissioner Ramsey
      Second by: Commissioner St.Clair
      To adjourn at 7:45 p.m.



                                                    _________________________
                                                             Respectfully Submitted,
                                                Ann Marie Meisch, MMC - City Clerk




                                         16
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12,             Title: Rezoning of 417 Jackson Ave – 2nd
2023                                               Reading

Submitted By: Mike Franzak                         Department: Planning Department

Brief Summary: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low
Density Single-Family Residential to Form Based Code, Neighborhood Core.




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.

Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing &
Business/Increase Variety of Housing Types.



Amount Requested: N/A                              Budgeted Item:
                                                   Yes          No          N/A

Fund(s) or Account(s): N/A                         Budget Amendment Needed:
                                                   Yes          No          N/A

Recommended Motion: To approve the request to rezone property at 417 Jackson Ave from R-1,
Low Density Single-Family Residential to Form Based Code, Neighborhood Core.



Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-21: Staff-initiated request to rezone the property at 417 Jackson Ave from R-1, Low
Density Single-Family Residential to Form Based Code, Neighborhood Core.

SUMMARY

   1. The property is currently zoned R-1, Low-Density Single-Family Residential. The seven-acre lot
      contains the former Froebel School building that measures 22,614 sf.
   2. Staff is proposing to rezone the property in order to allow for the renovation of the former Froebel
      School building into affordable residential apartments. The condition of the building is
      deteriorating quickly and must be redeveloped soon to avoid demolition. Staff has shown the
      building to numerous developers over the years and has finally found an entity that is capable of
      its renovation.
   3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
      ranging from rowhouses to large multiplexes, with a maximum height of five stories. This context
      area allows for large multiplex buildings, which this existing building would be considered if it
      were renovated to residential. This is the least-intense context area that allows for small
      multiplexes.
   4. The eastern and southern edges of this property have severe development limitations since there is
      a lack of infrastructure to support new buildings. The topography of the site does not allow for the
      installation of new infrastructure without a costly lift station. Development of the southern and
      eastern edges of the property are unlikely.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.


                                           417 Jackson Ave
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
Aerial Map




Zoning Map
                                        CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


  An ordinance to amend the zoning map of the City to provide for a zone change for 417 Jackson Ave
                                      from R-1 to FBC, NC


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 417 Jackson Ave from R-
1 to FBC, NC.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                     By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                      CERTIFICATE (Rezoning 417 Jackson Ave from R-1 to FBC, NC)


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of September, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on September 12, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 417 Jackson Ave from R-1 to FBC,
NC:

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12,             Title: Rezoning of 1225 E Laketon Ave – 2nd
2023                                               Reading

Submitted By: Mike Franzak                         Department: Planning Department

Brief Summary: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial
to B-4, General Business, by Tread Monkey, LLC.




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.




Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing & Business



Amount Requested: N/A                              Budgeted Item:
                                                   Yes          No          N/A

Fund(s) or Account(s): N/A                         Budget Amendment Needed:
                                                   Yes          No          N/A

Recommended Motion: To approve the request to rezone the property at 1225 E Laketon Ave from
I-2, General Industrial to B-4, General Business.



Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-18: Request to rezone the property at 1225 E Laketon Ave from I-2, General Industrial
to B-4, General Business, by Tread Monkey, LLC.

SUMMARY

   1. The property is zoned I-2, General Industrial and is located at the northern edge of the Medendorp
      Industrial Center.
   2. The applicant is seeking a rezoning in order to allow Tread Monkey (tire changing business) to
      locate there. They specialize in chaining tires at the scene, but would like to provide a physical
      location as well.
   3. The B-4 district allows auto repair and similar businesses as long as work is done in a completely
      enclosed building. The building on site will not accommodate this type of use, but the applicant
      intends on building a small structure in which they will change tires. There appears to be adequate
      space to do so in front of the existing building.
   4. Please see the enclosed ordinance excerpt for B-4, General Business districts.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.



                                          1225 E Laketon Ave
Aerial Map




Zoning Map
                                        CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


An ordinance to amend the zoning map of the City to provide for a zone change for 1225 E Laketon Ave
                                          from I-2 to B-4


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1225 E Laketon Ave
from I-2 to B-4.
CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE
1/4 EXC E 3 FT OF S 50 FT TH'OF

This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                    By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                          CERTIFICATE (Rezoning 1225 E Laketon from I-2 to B-4)


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of September, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on September 12, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 1225 E Laketon Ave from I-2 to B-
4:

CITY OF MUSKEGON SEC 33 T10N R16W E 197 FT OF W 230 FT OF S 178 FT OF N 244 FT OF NW 1/4 OF NE
1/4 EXC E 3 FT OF S 50 FT TH'OF

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12,           Title: Rezoning of several properties on Myrtle
2023                                             Ave, Allen Ave, and Jay St in the Angell
                                                 Neighborhood – 2nd Reading

Submitted By: Mike Franzak                       Department: Planning Department

Brief Summary: Request to rezone the following parcels from R-3, High Density Single Family
Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186
Allen Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development




Detailed Summary & Background: The Planning Commission unanimously recommended approval
of the rezoning at their August 10 meeting.

Goal/Focus Area/Action Item Addressed: Goal 2: Economic Development, Housing &
Business/Increase Variety of Housing Types.



Amount Requested: N/A                            Budgeted Item:
                                                 Yes          No          N/A

Fund(s) or Account(s): N/A                       Budget Amendment Needed:
                                                 Yes          No          N/A

Recommended Motion: To approve the request to rezone 139 Myrtle Ave;
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave; and 923 Jay St from R-3, High
Density Single Family Residential to Form Based Code, Neighborhood Core.



Approvals:                                       Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                           Yes

Other Division Heads                             No
Communication
Legal Review
                         PLANNING COMMISSION PACKET EXCERPT
                                            August 10, 2023


Hearing, Case 2023-19: Request to rezone the following parcels from R-3, High Density Single Family
Residential to Form Based Code, Neighborhood Core: 139 Myrtle Ave; 140/148/158/168/174/186 Allen
Ave, 159/169/185 Amity Ave; and 923 Jay St, by Spire Development.

SUMMARY
   1. The properties are all zoned R-3, High-Density Single-Family Residential, but are located between
      higher-density developments. The lots combined total about 2.2 acres.
   2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
      numbers of units could range between 50-100 as the details are still being finalized.
   3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
      ranging from rowhouses to large multiplexes, with a maximum height of five stories.
   4. Most of the houses in this area have been demolished, with only a few remaining. There are no
      houses remaining on the lots involved with the request.
   5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
      had not received any comments from the public.


                     Project area with Bayview Tower located just to the north
Aerial Map




Zoning Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
                                         CITY OF MUSKEGON
                                   MUSKEGON COUNTY, MICHIGAN
                                      ORDINANCE NO.


   An ordinance to amend the zoning map of the City to provide for a zone change for 139 Myrtle Ave,
    140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 139 Myrtle Ave,
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC.


This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:



                                                 CITY OF MUSKEGON


                                                     By: __________________________
                                                        Ann Meisch, MMC
                                                        City Clerk
                                           CERTIFICATE
  (Rezoning139 Myrtle Ave, 140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St )


The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 12th of September, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.


DATED: ___________________, 2023            ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon




Publish       Notice of Adoption to be published once within ten (10) days of final adoption.
                                                    CITY OF MUSKEGON
                                                   NOTICE OF ADOPTION


Please take notice that on September 12, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 139 Myrtle Ave,
140/148/158/168/174/186 Allen Ave, 159/169/185 Amity Ave and 923 Jay St from R-3 to FBC, NC.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.


This ordinance amendment is effective ten days from the date of this publication.


Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk


---------------------------------------------------------------------------------------------------------------------


PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12 2023           Title: Use Agreement – Muskegon YMCA

Submitted By: Kyle Karczewski                        Department: Parks & Rec

Brief Summary: Staff is requesting the approval of the City of Muskegon’s agreement with the
Muskegon YMCA for usage of Parks & Recreation facilities.




Detailed Summary & Background: The Muskegon YMCA has requested to run various health &
wellness programs at Smith-Ryerson and McGraft Park. These programs will run intermittently
through the end of August 2024.




Goal/Focus Area/Action Item Addressed: Enhanced Parks and Recreation Department and
Services

Amount Requested: N/A                                Budgeted Item:
                                                     Yes          No          N/A

Fund(s) or Account(s): N/A                           Budget Amendment Needed:
                                                     Yes          No          N/A

Recommended Motion: Authorize staff to enter into an agreement with our strategic partner
Muskegon YMCA.



Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                               Yes

Other Division Heads                                 No

Communication
Legal Review
                    DEPARTMENT OF PUBLIC WORKS
                          1350 E. KEATING
                         MUSKEGON, MI 49442

                             USE AGREEMENT

AGREEMENT made the ___ day of _____, 2023, between the City of
Muskegon Department of Public Works, 1350 E. Keating, Muskegon,
Michigan (the “City”), and the Muskegon YMCA, 1115 3rd St., Muskegon,
Michigan (the “Concessionaire”).

IT IS THEREFORE AGREED:

1.    Activity: Concessionaire hereby agrees that it will operate programs
      and related activities on City property as follows (the “Event(s)”):

      i.      Smith—Ryerson Park, 650 Wood St., Muskegon, MI 49442
      ii.     McGraft Park, 2204 Wickham Drive, Muskegon, MI 49441

      Concessionaire will operate the health & wellness Events between
      September 1, 2023 and August 31, 2024.

      Concessionaire shall contract for, carry out, and be responsible for all
      obligations thereunder for the place, suppliers, and advertising for the
      Event.

2.    Insurance: Concessionaire shall apply for and pay premiums for
      insurance to fully protect the public, and the City, from any and all
      liability that may arise or be incurred as consequence of the Event.
      Concessionaire shall have such Liability Insurance in the amount of
      $1,000,000.00. A copy of the Certificate of Insurance naming the City
      as additional insured shall be supplied to the City prior to the Event.
      The certificate shall provide that no cancellation shall be effective
      without a 30-day notice to the City.

      i.    Language on the insurance certificate shall read specifically:

      “The City of Muskegon, all elected and appointed officials, all
      employees and volunteers, all boards, commissions and/or authorities
      and board members, including employees and volunteers thereof: it is
      understood and agreed that by naming the City of Muskegon as
      additional insured, coverage afforded is considered to be primary and
      any other insurance the City of Muskegon may have in effect shall be
      considered secondary and/or excess”.
3.    Hold Harmless: Concessionaire shall indemnify, defend and save the
      City harmless from and against any and all claims, actions, damages,
      liability, attorney fees, and expense in connection with the loss of life,
      bodily injury and/or damage to property arising from any occurrence in
      or about the premises occupied or utilized by Concessionaire or any
      part thereof or resulting in whole or part from any intentional,
      unintentional, or negligent act or omission of Concessionaire, it’s
      employees, invitees, licenses or contractors or otherwise occurring as
      a result of the Events.

4.    Conditions: Concessionaire shall not assign its rights or obligations
      hereunder without the written consent of the City. Concessionaire
      understands that the City does not provide exclusivity with respect to
      publicly accessible parks. Concessionaire agrees to return each
      location to the condition it was in prior to each Event.

      Both the Concessionaire and the City shall comply with all the laws of
      the United States and the State of Michigan, all ordinances of the City
      of Muskegon, and all rules and regulations of the Police and Fire
      Departments, or other municipal authorities within the County of
      Muskegon, and will obtain and pay all necessary permits and licenses
      applicable to each, and will not suffer to be done anything during the
      term of this agreement in violation of any such laws, ordinances, rules
      or requirements.

5.    Terms: Either party may cancel this Agreement by giving to the other
      thirty (30) days’ written notice prior to any scheduled Event.


IN WITNESS WHEREOF, the parties, by their duly authorized officers have
executed this agreement.

DEPARTMENT OF PUBLIC WORKS                      :

By: ______________________________
Its: ______________
Date:____________

CONCESSIONAIRE

By: ______________________________
Its: ______________
Date: ____________
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12, 2023          Title: Laketon-Lakeshore Trail MNRFT Resolution

Submitted By: Dan VanderHeide                        Department: DPW

Brief Summary: Staff is seeking a formal resolution of support to apply for a grant from the Michigan
Natural Resources Trust Fund (MNRTF) for the Laketon/Lakeshore Trail Connector (LLTC) Project.

Detailed Summary & Background: Staff is seeking funds through two programs to provide the base
funding for construction of a new non-motorized trail named the Laketon-Lakeshore Trail Connector
(LLTC). The trail would be constructed in the road right-of-way along Sanford Street and Terrace
Street between Laketon Avenue and Shoreline Drive linking the Laketon Trail and the Lakeshore Trail.
Grant funding is being pursued through two programs:
    MDOT Transportation Alternatives Program (TAP) – Staff has been engaging with MDOT staff
       and has received encouragement that this project could see funding from this program.
    Michigan Natural Resources Trust Fund (MNRTF) – Staff has had preliminary conversation
       with MDNR staff encouraging an application for $300,000 from this program.
If successful, the funding for about 75% of the construction cost could be secured from grant funding.
Funds are targeted in the 2025 state fiscal year based on advice from grant staff at MDOT and MDNR.
Staff is recommending approval of the resolution of support.

Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department and Services,
Improved Access to the Waterfront, Take Advantage of External Revenue Sources

Amount Requested:                                    Budgeted Item:
N/A (Future Fiscal Year Request if Selected)         Yes          No          N/A

Fund(s) or Account(s):                               Budget Amendment Needed:
N/A                                                  Yes          No          N/A

Recommended Motion: Move approval of the included resolution of support for the MNRTF grant
application for the Laketon-Lakeshore Trail Connector.

Approvals:                                           Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                               Yes

Other Division Heads                                 No

Communication
Legal Review
                                         City of Muskegon

                                   Resolution of Support for a

                    Michigan Natural Resources Trust Fund Application

                        for the Laketon to Lakeshore Trail Connector
WHEREAS, the Muskegon City Commission supports the submission of an application titled, “Laketon to
Lakeshore Trail Connector” to the Michigan Natural Resources Trust Fund for development of the
Laketon to Lakeshore Connector Non-motorized path which will start at the intersection of Laketon
Avenue and Sanford Street and run north on Sanford Street and Terrace Street and ending at Terrace
Street and Shoreline Drive; and,

WHEREAS, the proposed application is supported by the Community’s 5-Year Approved Parks and
Recreation Plan; and,

WHEREAS, the City of Muskegon has applied to the Michigan Department of Transportation (MDOT)
Transportation Alternatives Program (TAP) for a grant in the amount of $1,825,692 which is a part of the
City’s financial commitment; and,

WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount
of $2,466,200 matching funds, the balance of which is in cash and/or force account; and,

NOW THEREFORE, BE IT RESOLVED that the Muskegon City Commission hereby authorizes submission of
a Michigan Natural Resources Trust Fund Application for $300,000, and further resolves to make
available its financial obligation amount of $2,466,200 (89%) of a total $2,766,200 project cost during a
future fiscal year should the grants be awarded.

Ayes:
Nays:
Absent:

Motion Approved.

Dated this __________ of ____________________, 20_____.



                                                                                Ken Johnson
                                                                                  Mayor



                                                                                Ann Meisch
                                                                                  Clerk
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: Sept. 12, 2023        Title: Community Relations Committee
                                               Recommendations

Submitted By: Ann Marie Meisch                 Department: Clerk

Brief Summary: To concur with the CRC recommendation on the following boards & commissions
               removals and appointments.

Detailed Summary & Background: Consider approval of the following CRC recommendations:


Accept resignation – Michael Johnson, DDA/BRA member with property interest,
                     term exp. 01/31/25
Appoint members – Shaundrica Roberts, Citizen’s Police Review Board Citizen AL,
                  term exp.01/31/25
                   Shonie Blake, Planning Commission, Citizen, term exp. 01/31/26
                   Mary Louise LaBelle, Civil Service, Citizen, term exp .01/31/25
                   Dan Rinsema-Sybenga, CDBG Citizen’s District Council, Ward 2 Citizen,
                   term exp. 01/31/24

Goal/Focus Area/Action Item Addressed: Maintain boards & commissions membership level.



Amount Requested: N/A                          Budgeted Item:
                                               Yes          No           N/A
                                                                    x

Fund(s) or Account(s): N/A                     Budget Amendment Needed:
                                               Yes          No           N/A

Recommended Motion: To concur with resignation and appointment recommendations of the CRC.



Approvals:                                     Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                         Yes

Other Division Heads                           No

Communication
Legal Review
                      Agenda Item Review Form
                       Muskegon City Commission

Commission Meeting Date: September 12,                 Title: Public Hearing- Approval of the
2023                                                   Lakeside Business Improvement District
                                                       Special Assessment

Submitted By: Contessa Alexander                       Department: Economic Development

Brief Summary: The Lakeside Business Improvement District is requesting a special assessment
for three more years starting in January of 2024.

Detailed Summary & Background:
Funds from the Lakeside BID assessment in 2021-2023 has allowed for the BID to cover items that
keep the integrity of the business district. Funds have been used to cover snow removal,
Christmas decorations, landscaping and maintenance, Lakeside events, and advertisements in the
Visitors Guide.
In order to continue these services, the Lakeside BID has requested a final three-year assessment
at a 20% reduction for 2024-2026, continuing with the current district boundaries. Class A
properties will have a per parcel rate of $0.04 per square foot of lot size for a Commercial Property,
not to exceed $1,600, and $0.02 per square foot of lot size for an Industrial, Automotive or Utility
Property, not to exceed $1,600. The special assessments will be in the winter tax bills. After the
additional three years is complete, the BID will transition into the CIA.
City staff has provided a Special Assessment Packet that outlines the overview of the request, a
letter from the City of Muskegon Assessor, the budget recommendation and explanation, and the
properties included in the assessment.
City staff has introduced the special assessment at the City Commission meeting on August 7th,
2023. The Public Hearing was scheduled on August 22, but after comments regarding short term
rentals, city staff has updated the special assessment documents, tax rolls and have resent public
hearing notices and letters to commercial properties including the short-term rentals in the district.



Goal/Focus Area/Action Item Addressed:
ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS



Amount Requested: N/A                                  Budgeted Item:
                                                       Yes          No           N/A

Fund(s) or Account(s):                                 Budget Amendment Needed:
                                                       Yes          No           N/A
Recommended Motion: I move to approve the resolution of the Establishment of the Lakeside BID
Special Assessment District for 2024-2026 as presented and authorize the Mayor and City Clerk to
sign and appoint two commissioners to review the special assessment tax rolls.

Approvals:                                         Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                             Yes

Other Division Heads                               No

Communication
Legal Review
    LAKESIDE BUSINESS
  IMPROVEMENT DISTRICT




SPECIAL ASSESSMENT BENEFIT
    ANALYSIS SUMMARY
  PREPARED BY THE CITY OF MUSKEGON STAFF
               JULY 25, 2023
      LAKESIDE BID MAP




*Green indicates businesses within the Lakeside Business Improvement District. Red indicated property lines.
2024-2026 Assessment
From: Contessa Alexander, BID-CIA staff liaison on behalf of the Lakeside Business
Improvement District Board
Date: May 17, 2023
To: Muskegon City Clerk/City Commission


Overview:
The three-year Lakeside Business Improvement District special assessment district
ends on Dec. 31, 2023. It has been successful in providing an essential service in
sidewalk snow removal, allowing for a transition from the Lakeside District
Association to the Corridor Improvement Authority and establishing a future of
quality public services to a critical commercial district between downtown and the
beach.
As time goes on, the CIA’s tax increment financing revenues will grow to replace
the BID revenues. The Lakeside Business Improvement District Board
recommends that the BID be renewed for a final three years, 2024-2026 so as to
complete the transition to the CIA, continuing with current district boundaries,
placing the special assessments on the winter tax bills and recommending that
this be the final BID renewal request.


The rate based upon square footage of land of the assessed commercial
properties, Lakeside BID recommends 2 cents the established rate for industrial,
automotive and utility properties that do not gain as much benefit from the
district as the other commercial uses. The Lakeside BID recommends a 4-cent rate
for the next three years, for all of the commercial properties, based upon financial
analysis of revenues and expenditures. Based upon conservative assumptions, the
recommended rate maintains current services and discretionary funds for the
three years, offers a 20 percent reduction in special assessments and puts the CIA
in a position to continue current services in 2027 and beyond.
2024 - 2026 Assessments:
   - “Class A” Properties, as defined in the BID Bylaws, shall be assessed
     annually assessment of $0.04/sf with no assessment to exceed $1,600.
     Contiguous properties with the same use and same owner shall be assessed
      as one property. Property lot size on record with the City Assessor shall be
      used in determining the square footage of properties.
  -   “Class B” properties as defined in the BID Bylaws be assessed annually
      assessment of $0.02/sf with no assessment to exceed $1600. Contiguous
      properties with the same use and same owner shall be assessed as one
      property. Property lot size on record with the City Assessor shall be used in
      determining the square footage of properties.
  -    Based on this assessment structure, approximately $22,457.44 will be
      expected to support services for businesses and property owners within the
      Lakeside BID during 2024-2026.
  -  The assessment shall be placed on the 2024, 2025 and 2026 winter
    property tax bills. This is the final special assessment the BID is
    recommending.
  - The 2024-2026 Lakeside BID district, assessment rolls and collection
    methods were discussed at Lakeside BID Board meetings on April 12, 2023
    and May 17, 2023. A resolution supporting the above recommendation was
    voted on at the May 17, 2023 Lakeside BID Board meeting. The vote result
    was as follows:

2024-26 BID Recommendation Vote: Recommendation approved 7-0
Member                Yes     No     Abstention      Motion/Support Absent
Chair Mark            X                              Support
Flermoen
Melanie Lyonnais      X
Ron Jenkins           X
Louise Hopson         X                              Motion
Kathy Fearnley        X
Dick Ghezzi           X
Andrea Chambers                                                         X
Allen Serio             X
Jonathan Seyferth   X
                Lakeside Business Improvement District
Budget Recommendation & Explanation
Date: May 17, 2023
To: Muskegon City Clerk/City Commission
From: Lakeside Business Improvement District Board

Budget Recommendation:
This is a proposed budget for the Lakeside Business Improvement District for 2024-2026.
Based on a two-tier assessment where “Class A” Properties pay $0.04/sf annually and “Class B”
Properties pay $0.02/sf annually the Lakeside BID can expect to generate $22,457.44 during
2024. Property special assessments are capped at $1,600.

                      Proposed 2024-2026 BID budgets

 2023 BID Estimated Fund Balance                 $22,271.00
               2024 Revenues
 2024 BID Special Assessments                    $22,457.44
 2024 Estimated CIA Revenues                     $10,538.00
 Total Revenues                                  $55,266.44
              2024 Expenditures
 Snow removal                                    ($26,880.00)
 Landscaping                                     ($500.00)
 Marketing, promotion, events                    ($1,000.00)
 Holiday Decorations/ Streetscape                ($3,500.00)
 *Contingency                                    Not included

 Total                                           ($31,880.00)

 2024 BID Estimated Fund Balance                 $23,386.44



Budget Explanation:
Snow removal: This is the largest item. Sidewalk snow removal current contract with Berry
Ghezzi is in place for 2023-2024 and will be reviewed for the final two years.
Landscaping: Materials to be provided for volunteer work.
Marketing, promotion, events: The BID will have enough in this line item or the fund balance to
assist for a summer or fall event.
Holiday Decorations/ Streetscape: The BID will consider tree lighting and pole decorating for the
holiday season.


The 2024-2026 BID budget and work plan was approved by a vote of the BID Board on May 17,
2023. The BID board vote results were:
2024 BID Budget Vote: Recommendation Approved: Recommendation approved 7-0
       Member         Yes   No   Abstention   Motion/Support       Absent
Chair Mark Flermoen    X
Melanie Lyonnais       X
Ron Jenkins            X                          Motion
Louise Hopson          X                          Support
Kathy Fearnley         X
Dick Ghezzi            X
Andrea Chambers                                                       X
Allen Serio                                                           X
Jonathan Seyferth     X
    ADDRESS                       Name                    Parcel Number S/F Pr Assessing           Amount       Class
 1950 LAKESHORE DR        1950 LAKESHORE DRIVE LLC         24-205-596-0004-20      15,060.50   $       602.42     A
 1983 LAKESHORE DR           1983 LAKESHORE LLC            24-205-635-0001-00      13,171.88   $       526.88     A
 2445 LAKESHORE DR         BLAKE TOM/EVANS BLAKE           24-205-677-0005-00       8,712.00   $       348.48     A
 1991 LAKESHORE DR          BTBG INVESTMENTS LLC           24-205-635-0002-00      40,617.80   $     1,600.00     A
 1700 LAKESHORE DR           STAG PROPERTIES LLC           24-205-609-0002-00      26,400.00   $     1,056.00     A
 2182 LAKESHORE DR      CENTRAL PAPER EMPLOYEES FCU        24-205-597-0017-00      37,644.29   $     1,505.77     A
 1794 LAKESHORE DR         CROW INVESTMENTS LLC            24-205-594-0001-00      19,694.80   $     1,600.00     A
 1786 LAKESHORE DR         CROW INVESTMENTS LLC            24-205-609-0013-00       6,210.00   $       248.40     A
 1756 LAKESHORE DR          RAANS PROPERTIES LLC           24-205-609-0010-00      19,800.00   $       792.00     A
 2034 LAKESHORE DR              DONE BACH LLC              24-900-251-1330-00      10,767.00   $       215.34     B
 1930 LAKESHORE DR        SAMPLES GARY/LAUREEN F           24-900-251-4315-00      18,144.00   $       725.76     A
 2054 LAKESHORE DR         FUNK EDWARD W TRUST             24-205-597-0004-00       8,600.00   $       172.00     B
 1732 LAKESHORE DR              GARRETT LORIL              24-205-609-0007-00       8,750.00   $       350.00     A
 2020 LAKESHORE DR   GAWKOWSKI PROPERTIES LAKESHORE LLC    24-205-596-0007-00       6,675.23   $       267.01     A
 2017 LAKESHORE DR             GHEZZI RICHARD P            24-900-251-4237-00       8,170.80   $       326.83     A
 1812 LAKESHORE DR        GHEZZI RICHARD A ESTATE          24-205-596-0001-00      19,386.00   $       775.44     A
 1937 LAKESHORE DR             GHEZZI RICHARD P            24-205-627-0002-00       9,529.00   $       381.16     A
 2033 LAKESHORE DR              WESTRA BRUCE               24-205-636-0001-00       7,425.00   $       297.00     A
 2341 LAKESHORE DR           H2O ENTERPRISES LLC           24-205-664-0011-00       7,700.00   $       308.00     A
 1883 LAKESHORE DR           KORNDORFER PAUL R             24-205-625-0001-00       7,078.00   $       283.12     A
 1891 LAKESHORE DR           KORNDORFER PAUL R             24-205-625-0002-00       7,407.00   $       296.28     A
 2465 LAKESHORE DR                M J BLAIS LLC            24-205-678-0001-02      16,665.00   $       666.60     A
 2565 LAKESHORE DR                 MOJI INC                24-900-251-0980-00      39,275.00   $     1,571.00     A
 1864 LAKESHORE DR           PPJ INVESTMENTS LLC           24-900-251-5485-00      13,600.00   $       544.00     A
 1920 LAKESHORE DR            CITY OF MUSKEGON             24-900-251-3938-00     344,124.00   $     1,600.00     A
 2080 LAKESHORE DR          SHORELINE SERVICE INC          24-205-597-0005-00      16,920.00   $       676.80     A
 2009 LAKESHORE DR         STEINBACH JOHN E ET AL          24-205-635-0006-00       5,321.00   $       212.84     A
 2167 LAKESHORE DR            SWARVAR DANIEL C             24-490-000-0004-00       3,825.00   $       153.00     A
 2173 LAKESHORE DR            SWARVAR DANIEL C             24-490-000-0005-00       4,165.00   $       166.60     A
 2187 LAKESHORE DR            SWARVAR DANIEL C            24-205-641-0005-00
                                                          	                        10,795.00   $       431.80     A
 1945 LAKESHORE DR         THORSEN SHEILA P TRUST          24-205-627-0003-00       5,445.00   $       217.80     A
 1953 LAKESHORE DR                SKEGON LLC               24-205-627-0004-00       8,170.80   $       326.83     A
 1831 LAKESHORE DR                VERIZON INC              24-205-624-0001-00      12,556.00   $       251.12     B
 1927 LAKESHORE DR             VF VENTURES LLC             24-205-627-0001-00       9,529.00   $       381.16     A
 1845 LAKESHORE DR             VF VENTURES LLC             24-205-624-0003-00      19,272.00   $       770.88     A
 1595 LAKESHORE DR          WASSERMAN PROPERTY             24-205-529-0004-00       8,976.00   $       359.04     A
 1965 LAKESHORE DR           WILLIAM J GIBNER LLC          24-205-627-0005-00       8,167.00   $       326.68     A
 1878 LAKESHORE DR             HRYNEWICH REED              24-205-596-0002-30       8,642.00   $       345.68     A
 2245 LAKESHORE DR            MCCALL WENDY                 24-205-658-0004-00       9,098.00   $       363.92     A
 1824 LAKESHORE DR        HINTERMEISTER RENTALS            24-205-596-0001-10       4,240.00   $       169.60     A
 1910 LAKESHORE DR       SAND DOCK PROPERTIES LLC          24-205-596-0003-20       6,105.00   $       244.20     A
      Total                                                                     861,834.10     $ 22,457.44

Assessment Amount
       Class                    Amt per s/f
         A                        0.04
         B                        0.02
Exhibit A

         ADDRESS                       Name                    Parcel Number        S/F Pr Assessing              Amount       Class
      1950 LAKESHORE DR        1950 LAKESHORE DRIVE LLC        24-205-596-0004-20                 15,060.50   $       602.42   A
      1983 LAKESHORE DR           1983 LAKESHORE LLC           24-205-635-0001-00                 13,171.88   $       526.88   A
      2445 LAKESHORE DR         BLAKE TOM/EVANS BLAKE          24-205-677-0005-00                  8,712.00   $       348.48   A
      1991 LAKESHORE DR          BTBG INVESTMENTS LLC          24-205-635-0002-00                 40,617.80   $     1,600.00   A
      1700 LAKESHORE DR           STAG PROPERTIES LLC          24-205-609-0002-00                 26,400.00   $     1,056.00   A
      2182 LAKESHORE DR      CENTRAL PAPER EMPLOYEES FCU       24-205-597-0017-00                 37,644.29   $     1,505.77   A
      1794 LAKESHORE DR         CROW INVESTMENTS LLC           24-205-594-0001-00                 19,694.80   $     1,600.00   A
      1786 LAKESHORE DR         CROW INVESTMENTS LLC           24-205-609-0013-00                  6,210.00   $       248.40   A
      1756 LAKESHORE DR          RAANS PROPERTIES LLC          24-205-609-0010-00                 19,800.00   $       792.00   A
      2034 LAKESHORE DR              DONE BACH LLC             24-900-251-1330-00                 10,767.00   $       215.34   B
      1930 LAKESHORE DR        SAMPLES GARY/LAUREEN F          24-900-251-4315-00                 18,144.00   $       725.76   A
      2054 LAKESHORE DR         FUNK EDWARD W TRUST            24-205-597-0004-00                  8,600.00   $       172.00   B
      1732 LAKESHORE DR              GARRETT LORIL             24-205-609-0007-00                  8,750.00   $       350.00   A
      2020 LAKESHORE DR   GAWKOWSKI PROPERTIES LAKESHORE LLC   24-205-596-0007-00                  6,675.23   $       267.01   A
      2017 LAKESHORE DR             GHEZZI RICHARD P           24-900-251-4237-00                  8,170.80   $       326.83   A
      1812 LAKESHORE DR        GHEZZI RICHARD A ESTATE         24-205-596-0001-00                 19,386.00   $       775.44   A
      1937 LAKESHORE DR             GHEZZI RICHARD P           24-205-627-0002-00                  9,529.00   $       381.16   A
      2033 LAKESHORE DR              WESTRA BRUCE              24-205-636-0001-00                  7,425.00   $       297.00   A
      2341 LAKESHORE DR           H2O ENTERPRISES LLC          24-205-664-0011-00                  7,700.00   $       308.00   A
      1883 LAKESHORE DR           KORNDORFER PAUL R            24-205-625-0001-00                  7,078.00   $       283.12   A
      1891 LAKESHORE DR           KORNDORFER PAUL R            24-205-625-0002-00                  7,407.00   $       296.28   A
      2465 LAKESHORE DR                M J BLAIS LLC           24-205-678-0001-02                 16,665.00   $       666.60   A
      2565 LAKESHORE DR                 MOJI INC               24-900-251-0980-00                 39,275.00   $     1,571.00   A
      1864 LAKESHORE DR           PPJ INVESTMENTS LLC          24-900-251-5485-00                 13,600.00   $       544.00   A
      1920 LAKESHORE DR            CITY OF MUSKEGON            24-900-251-3938-00                344,124.00   $     1,600.00   A
      2080 LAKESHORE DR          SHORELINE SERVICE INC         24-205-597-0005-00                 16,920.00   $       676.80   A
      2009 LAKESHORE DR         STEINBACH JOHN E ET AL         24-205-635-0006-00                  5,321.00   $       212.84   A
      2167 LAKESHORE DR            SWARVAR DANIEL C            24-490-000-0004-00                  3,825.00   $       153.00   A
      2173 LAKESHORE DR            SWARVAR DANIEL C            24-490-000-0005-00                  4,165.00   $       166.60   A
      2187 LAKESHORE DR            SWARVAR DANIEL C            24-205-641-0005-00
                                                               	                                  10,795.00   $       431.80   A
      1945 LAKESHORE DR         THORSEN SHEILA P TRUST         24-205-627-0003-00                  5,445.00   $       217.80   A
      1953 LAKESHORE DR                SKEGON LLC              24-205-627-0004-00                  8,170.80   $       326.83   A
      1831 LAKESHORE DR                VERIZON INC             24-205-624-0001-00                 12,556.00   $       251.12   B
      1927 LAKESHORE DR             VF VENTURES LLC            24-205-627-0001-00                  9,529.00   $       381.16   A
      1845 LAKESHORE DR             VF VENTURES LLC            24-205-624-0003-00                 19,272.00   $       770.88   A
      1595 LAKESHORE DR          WASSERMAN PROPERTY            24-205-529-0004-00                  8,976.00   $       359.04   A
      1965 LAKESHORE DR           WILLIAM J GIBNER LLC         24-205-627-0005-00                  8,167.00   $       326.68   A
      1878 LAKESHORE DR             HRYNEWICH REED             24-205-596-0002-30                  8,642.00   $       345.68   A
      2245 LAKESHORE DR            MCCALL WENDY                24-205-658-0004-00                  9,098.00   $       363.92   A
      1824 LAKESHORE DR        HINTERMEISTER RENTALS           24-205-596-0001-10                  4,240.00   $       169.60   A
      1910 LAKESHORE DR       SAND DOCK PROPERTIES LLC         24-205-596-0003-20                  6,105.00   $       244.20   A
            Total                                                                             861,834.10      $ 22,457.44
Assessment Amount
      Class         Amt per s/f
        A             0.04
        B             0.02
                                  RESOLUTION APPROVING LAKESIDE
                                  BUSINESS IMPROVEMENT DISTRICT
                                              2024-2026
                                          City of Muskegon
                                    County of Muskegon, Michigan

            Resolution at First Hearing Creating Special Assessment District for The Lakeside
            Business Improvement District (BID) Location and Description of Properties to be
                                                assessed:

RECITALS:

       1. By resolution of the City Commission, a hearing has been held on September 12, 2023, at
       5:30 p.m. at the City Commission Chambers. Notice was given by mail and publication
       as required by law.

       2. That estimates of costs of the project, a feasibility report and valuation and benefit
       information is on file with the City and have been reviewed for this hearing.

       3. At the hearing held on September 12th, there were ___________ objections by the
       owners of the property in the city registered at the hearing either in writing received
       before or at the hearing or by owners or agents present at the hearing, and the
       Commission has considered the advisability of proceeding with the project.

FINDINGS:

       1. The City Commission has examined the estimates of cost, including all assessable
       expenses, and determines them to be reasonable.

       2. The City Commission has considered the value of the property to be assessed and the
       value of the benefit to be received by each property to be assessed in the district for
       downtown improvements and services. The City Commission determines that the
       assessments of costs of the City project will enhance the value of the property to be
       assessed in an amount at least equivalent to the assessment and that the improvement
       thereby constitutes a benefit and remove a burden from the property associated with the
       services and improvements to the property.

THEREFORE, BE IT RESOLVED:

       1. The City Commission hereby declares a special assessment district to include all of the
       property included in Exhibit A.

       2. The City Commission determines to proceed with the special assessment.

       3. The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners_____________________ and _____________________________ and
       the city Assessor who are hereby directed to prepare an assessment roll. Assessments
       shall be made upon a benefit basis.
       4. It is hereby determined that, based on the estimates of cost for services and
       improvements downtown, the City will levy a special assessment in the said district on
       “Class A” Properties, as defined in the BID Bylaws, for an annual assessment of $0.04/sf
       with no assessment to exceed $1,600 and “Class B” Properties, as defined in the BID
       Bylaws, for an annual assessment of $0.02/sf with no assessment to exceed $1,600
       commencing with the Winter 2023 tax bill.

       5. Upon Submission of the special assessment roll, the City staff is hereby directed to
       notify all owners and persons interested in properties to be assessed of the hearing at
       which the City Commission will consider confirmation of the special assessment roll.

This resolution adopted.

Ayes________________________________________________________________________

Nays
__________________________________________________________________________

                                                       CITY OF MUSKEGON

                                                       By ________________________________
                                                               Ann Marie Meisch, City Clerk

                                                       By ________________________________
                                                                   Ken Johnson, Mayor
                                           CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on October 27th, 2020. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public acts of 1976, as amended and modified by the governor’s COVID-19 executive order
and that the minutes of said meeting were kept and will be or have been made available as required by
said Act.
                                                        CITY OF MUSKEGON

                                                      By ________________________________
                                                      Ann Marie Meisch, City Clerk
                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: September 12,                Title: City ARPA Community Grant – Pioneer
2023                                                  Resources, Inc.

Submitted By: Jonathan Seyferth                       Department: Manager

Brief Summary: To approve the City ARPA Community Grant proposal received from Pioneer
Resources, Inc.

Detailed Summary & Background:
As part of the City’s ARPA Community Grant program, a proposal from Pioneer Resources, Inc.
was received and included within the initial slate of 22 projects recommended for approval by the
Commission. It was tentatively removed from the formal motion by the Commission at the August
7th Regular Meeting pending completion of conflict of interest documentation.
Current City Commissioner Rachel Gorman is a former employee of Pioneer Resources, Inc. Ms.
Gorman was not involved in Pioneer's decision to apply, involved in discussions with either City
staff or Pioneer staff concerning this project or involved in the discussion or decision by the City
Commission concerning Pioneer's grant proposal.
Staff has sent notice to the U.S. Department of Treasury that the city has followed the
requirements for a waiver of the conflict of interest pursuant to the City Charter and state law. We
are requesting their concurrence with the City’s decision and waive any conflict.

Goal/Focus Area/Action Item Addressed: Community Connection; Foster strong ties among
government and community agencies.

Amount Requested: $150,000                            Budgeted Item:
                                                      Yes          No

Fund(s) or Account(s): 482-901-982-                   Budget Amendment Needed:
                                                      Yes          No

Recommended Motion:
I move to approve the City ARPA Community Grant proposal received from Pioneer Resources,
Inc., subject to receiving acknowledgement from the U.S. Department of Treasury that they concur
with the City’s decision and waive any conflict.

Approvals:                                            Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                                Yes

Other Division Heads                                  No
Communication
Legal Review
RATED PROJECT PROPOSALS                                               (45) Total Pts     Requested     Recommended      Funded    $0.00
Organization                                                            Average        $2,875,000.00    $1,600,000.00
AgeWell Services*                                                         42.3            $25,000.00       $25,000.00   100.00%           nonprofit                  13 nonprofit's
Every Woman's Place*                                                      41.5          $120,000.00      $120,000.00    100.00%           nonprofit (housing)        4 NA's
MI Crossroads Council, BSA                                                40.2           $25,000.00       $25,000.00    100.00%           non-profit (youth)         5 small businesses
Samaritas                                                                 39.8          $250,000.00      $100,000.00    40.00%            nonprofit (housing)        22 recommended
NA McLaughlin                                                             39.7          $250,000.00      $100,000.00    40.00%            NA (youth)
Seaway to Southern LLC                                                     39            $50,000.00            $0.00     0.00%            created after March 2020
NA Nelson Neighborhood Improvement Association*                           38.7          $168,000.00      $100,000.00    59.52%            NA (youth)
West Michigan Concert WINDS                                                38            $50,000.00       $50,000.00    100.00%           non-profit (youth)
Pioneer Resources, Inc.*                                                  37.3          $200,000.00      $150,000.00    75.00%            nonprofit
Volunteer for Dental*                                                     37.2           $50,000.00       $50,000.00    100.00%           nonprofit
Muskegon Christian School                                                 37.2          $175,000.00      $175,000.00    100.00%           non-profit (youth)
West Michigan Symphony                                                     37           $200,000.00      $100,000.00    50.00%            non-profit (youth)
Unity Beauty Salon & Spa LLC*                                             36.3           $50,000.00       $50,000.00    100.00%           small business
Tiki Boiz LLC                                                              36            $50,000.00       $50,000.00    100.00%           small business
Rake Beer Project LLC                                                      35            $25,000.00       $25,000.00    100.00%           small business
Kids Food Basket*                                                         34.8          $250,000.00      $100,000.00    40.00%            non-profit (youth)
Mount Zion Church of God in Christ                                        34.5           $37,000.00       $37,000.00    100.00%           non-profit (youth)
Boys and Girls Club*                                                      34.3          $250,000.00       $50,000.00    20.00%            non-profit (youth)
Open Gates of Grace Ministries*                                           33.3          $250,000.00      $100,000.00    40.00%            nonprofit (housing)
Soul Filled Enterprises*                                                  33.2          $100,000.00      $100,000.00    100.00%           small business
Servicios De Esperanza LLC*                                                33            $25,000.00       $25,000.00    100.00%           small business
Mediation & Restorative Services                                          31.7                                                            non-profit (youth)
Aldea Coffee LLC                                                          31.3                                                            small business
HBCU Club of Muskegon LLC                                                 30.8                                                            small business
MMA Foundation                                                            30.5                                                            nonprofit
Forrest Tax & Accounting Services                                         30.5                                                            small business
NA Sheldon Park Neighborhood Improvement Association                       30            $25,000.00        $8,000.00    32.00%            NA
490 Bakery LLC                                                            29.7                                                            small business
Viking Custom Canvas                                                      29.4                                                            small business
Fresh Coast Alliance                                                      28.8                                                            nonprofit
Central United Methodist Church                                           27.7                                                            nonprofit
NA Jackson Hill*                                                          27.3          $250,000.00       $60,000.00    24.00%            NA
Muskegon Retirement Apts, Inc dba Jefferson Towers                        26.5                                                            nonprofit (housing)
Stand Up Speak Out                                                        25.2                                                            non-profit (youth)
Linda E. Dennie-Malone Community Center                                   23.5                                                            nonprofit
Muskegon YMCA                                                              23                                                             nonprofit
Embrace Muskegon_Books                                                    21.2                                                            small business
USS Silverside Submarine Museum                                           20.6                                                            nonprofit
Bethany Christian Services                                                16.3                                                            nonprofit
Elite Fine Foods and Catering                                              14                                                             small business



NOTE* - women- and minority owned business/org
NOTE - The Review Committee established a "cut off" line of funding                                                                                                       5|Page
between the Servicios De Esperanza LLC & Mediation and
Restorative Services projects. It was at that point where there was
more than (1) point of separation between applicant scores.
Pioneer Resources, Inc.


Project Name

Pioneer Resources Walking Path in the Marquette Neighborhood

Requested       $200,000                 Total Project Cost      $209,690.00

Executive Summary

Pioneer Resources owns property at 1145 and 1175 East Wesley Street. This property is west of US 31
and borders ten acres of unused green space owned by the City of Muskegon. Both the City’s and
Pioneer Resources’ properties border two acres in this area that are often the site of discarded tires and
other large pieces of castoff garbage.

The Pioneer Resources front-facing three acres of property currently houses program site buildings for
services for seniors, youth diagnosed with Autism and Adults with varying disabilities. Our agency is
requesting ARPA grant to support the development of a paved, accessible, community walking path with
quiet resting points and seating along the walkway that will bring residents through the wooded, hillside
of the unused green space on the back two acres of the Pioneer Resources’ Property that meets the City
of Muskegon’s unused wooded area. This paved walking path could potentially connect with the existing
paved path that goes through Ryerson Creek.

This walking path would offer an immersion into nature, peaceful strolls, and a place for exercise. Our
agency hopes to invite our community to utilize this walkway and join in creating natural gardens along
the paths that are accessible to all. Further, our agency would encourage the path to be utilized by those
who have dogs with our intent to provide path accessories that include dog waste bags and collection
receptacles.

Creating opportunities for community is the mission of our organization and we feel the accessibility of
this effort will benefit many while creating a wonderful ability to preserve this green space for our
community. According to the US Census Bureau, Muskegon County has 19,000 residents with disabilities
under the age of 65. If you include those over 65 it would include another 29,000 residents. Accessibility
is key in meeting the needs of these 48,000 residents. Community is critical to our Culture at Pioneer
Resources and this project can meet the needs to improve the unused property and create a benefit to
48,000 County residents. This project will improve the value of these properties and local properties
while creating a way that all members of the community can come together in an accessible space
where nature is the focus.

Purpose of Grant

Creating opportunities for participation in the community for the participants and seniors is the mission
of Pioneer Resources. This project will not only provide an accessible opportunity for participation for
residents in the City of Muskegon, but also help preserve this green space in the City.




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The participants served by Pioneer Resources and the residents in the Marquette Neighborhood need
more outdoor recreational options and this is the target population this grant request aims to serve.
Currently, the only parks and recreational opportunities in this neighborhood are Beukema Playfield,
Ryerson Creek, and Fourmile Creek and at this time there are not any immediate additions included in
the City of Muskegon Parks and Recreation 5 Year Plan. The proposed walking trail would address the
gap between the limited recreational offerings presently available in the Marquette Neighborhood and
the desire for more recreational options and connecting existing sidewalks walking route options.

Pioneer Resources is dedicated to working in partnership with the City of Muskegon to oversee the
construction and production of this walking path. Our administrative staff is dedicated to maintain
records of grant funding and to produce reporting to accurately reflect grant fund spent for the project
that can be available to the public. Our qualified staff has capacity to help oversee the construction of
the path. Once completed, our agency is committed to leading the efforts from our agency and with the
neighborhood association to maintain that the path is clean, clear, and accessible.

Participants of Pioneer Resources’ Senior Services, Leisure and Recreation Club, Community Living
Support Services, and Applied Behavior Analysis Programs will directly benefit from access to this
walking trail. Although these services are accessed through our agency, Pioneer Resources works in
partnership with HealthWest, LifeCircles PACE, Michigan Rehabilitation Services, the MAISD, and Senior
Resources to provide these services and these partners would be invited and encouraged to utilize this
walking path for their programming!

The Community Foundation for Muskegon County has granted the agency with $7,351 to support this
project from the William Munroe Memorial Friends of the Disabled Fund.

Pioneer Resources recognizes the various walking trails and recreational opportunities throughout the
City of Muskegon that add to the incredible quality of life for those that work and live in the City! Our
agency views this new walking trail as a welcome addition to these important offerings and we hope it
highlights the Marquette Neighborhood that does not currently have as many recreational parks and
offerings as other neighborhoods within the City.

Additionally, if this project moves forward, we are excited for the opportunity to utilize the new Parks
and Recreation Advisory Committee to explore opportunities to promote and support this new walking
trail cooperatively alongside the other walking paths and recreational amenities in the City of
Muskegon.

Renovations are underway at Pioneer Resources’ Wesley Campus to bring all administrative teams to
the Marquette Neighborhood and to restructure all primary services that have remained at this location
the City of Muskegon. These renovations have been in progress since 2022 and despite the expected
interruptions from an active construction site at the Wesley Campus, there was no interruption of
services provided to over 300 participants location during the last year.

Pioneer Resources currently employs over 150 full time employees who, after construction, will all begin
utilizing these renovated administrative offices at Wesley. In addition to the nearly 500 people
mentioned from our agency, this walking path would be beneficial to the nearly 3,000 residents in the
Marquette Neighborhood. This is a wonderful part of the City of Muskegon with many natural resources
that can be better accessed with this walking path while supporting a healthy lifestyle to those
mentioned.

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Pioneer Resources is committed to offering the utilization of the agency’s maintenance team to
regularly monitor the walking path and path accessories for any needed repair, conservation, and safety.

Following the end of the grant period, our agency anticipates minimal costs related to the walking path
maintenance. The capital needed to construct the walking path is the greatest financial need for this
project.

Those living with a disability are regularly disproportionately supported in our community. Pioneer
Resources works each day to provide opportunities for these individuals to participate in life alongside
each of us with dignity and empowerment to help them reach their personal goals. During the COVID-19
pandemic, this population was disproportionately impacted and continues to still be more severely
impacted post-pandemic. Although protections and restrictions are coming to an end, this population
still needs greater protections than the general public from COVID-19 from our team that works with
them each day.

This Walking Path project provides an accessible opportunity for them to gain recreation in their
communities that is safe and naturally integrates with those that live and work in the Marquette
Neighborhood.

Evaluation

Pioneer Resources is committed to supporting efforts alongside the City of Muskegon to evaluate the
use and satisfaction of the proposed walking path! Tracking the number of people utilizing the walking
path during the first year will be critical in building the foundation of data to benchmark to in succeeding
years. Ideally, we would present this data to the Marquette Neighborhood Association and Parks and
Recreation Advisory Committee to promote the walking path and its use. These presentations would
also offer constituents the opportunity to provide feedback about the walking path. Further, signage
opportunities along the walking path could allow for options for users to provide feedback all year and
for an annual survey.

Budget Narrative/Justification

The Grant Budget reflects the costs associated to the Walking Path construction and path accessories.
The Grant Budget Plan details how each budget items relates to the Walking Path and where how the
listed costs were calculated. The Community Foundation for Muskegon County has granted the agency
with $7,351 to support this project from the William Munroe Memorial Friends of the Disabled Fund.
The priority of items listed in the proposed budget is first the walking path construction and then the
path accessories.




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                       Agenda Item Review Form
                        Muskegon City Commission

Commission Meeting Date: 9/12/2023                Title: Master Plan Adoption

Submitted By: Mike Franzak                        Department: Planning

Brief Summary: Request to approve the resolution adopting the new master plan.




Detailed Summary & Background: The plan can be viewed here. The Planning Commission
unanimously recommended approval of the plan at their August 31 special meeting.




Goal/Focus Area/Action Item Addressed: Goal 1: Destination Community & Quality of Life



Amount Requested: N/A                             Budgeted Item:
                                                  Yes          No          N/A

Fund(s) or Account(s): N/A                        Budget Amendment Needed:
                                                  Yes          No          N/A

Recommended Motion: To approve the resolution for the adoption of the Master Plan and Future
Land Use Map as presented.



Approvals:                                        Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology                            Yes

Other Division Heads                              No

Communication
Legal Review
                                     CITY OF MUSKEGON
                                     RESOLUTION #2023-

                  RESOLUTION TO ADOPT AN AMENDED MASTER PLAN


WHEREAS, The Michigan Planning Enabling Act (MPEA) authorized the Planning
Commission to prepare a Master Plan for the use, development and preservation of all lands in
the City; and
WHEREAS, the Planning Commission prepared a proposed updated Master Plan and Future
Land Use Map and submitted the plan to the City Commission for review and comment; and
WHEREAS, on June 27, 2023, the Muskegon City Commission received and reviewed the
proposed Master Plan prepared by the Planning Commission and authorized distribution of the
Master Plan to the Notice Group entities identified in the MPEA; and
WHEREAS, notice was provided to the Notice Group entities as provided in the MPEA; and
WHEREAS, the Planning Commission held a public hearing on August 31, 2023 to consider
public comment on the proposed updated Master Plan, and to further review and comment on the
proposed updated Master Plan; and
WHEREAS, the Muskegon City Commission finds that the proposed updated Master Plan is
desirable and proper and furthers the use, preservation, and development goals and strategies of
the City; and
THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:
1. Adoption of 2023 Master Plan. The Muskegon City Commission hereby approves and adopts
the proposed 2023 Master Plan, including all of the chapters, figures, maps and tables, and the
Future Land Use Map as revised, contained therein.
2. Distribution to Notice Group. The Muskegon City Commission approves the Master Plan as
presented and approves the distribution of the adopted plan to the Notice Group.
3. Finding of Fact. The Muskegon City Commission has made the foregoing determination based
on a review of existing land uses in the City, a review of the existing Master Plan provisions and
maps, input received from the Planning Commission and public hearing, and with the assistance
of City staff, and finds that the updated Master Plan will accurately reflect and implement the
City’s goals and strategies for the use, preservation, and development of lands in Muskegon.
4. Effective Date. The Master Plan shall be effective as of the date of adoption of this resolution.


Adopted this 12th day of September 2023
Ayes:

Nays:

Absent:

          By:
                Ken Johnson
                Mayor

          Attest:
                    Ann Meisch
                    Clerk, City of Muskegon

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