View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 13, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fiber Technologies Networks, LLC – METRO Act Permit Engineering
C. Lakeshore Trail – Exchange of Property Between the Muskegon
Community College (MCC) and the City Planning & Economic
Development
D. Contribution to (LBC) Lakeshore Baseball Club Engineering
E. Transfers to Engineering, Major and Local Streets Funds Finance
F. Approval of a Neighborhood Enterprise Zone Certificate-314 Terrace
Point Circle Planning & Economic Development
G. Approval of a Neighborhood Enterprise Zone Certificate-349 Terrace
Point Circle Planning & Economic Development
H. Safebuilt Collection Contract (amendment proposal) Director of Public
Safety
□ PUBLIC HEARINGS:
A. Public Hearing – Request for the establishment of an Industrial
Development District at 441 W. Western Avenue Planning & Economic
Development
B. Public Hearing – Request for an Industrial Facilities Exemption
Certificate – Pigeon Hill Brewing Company, LLC Planning & Economic
Development
C. Public Hearing – Create City Wide Special Assessment for Street Lights
Treasurer
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following Public Safety
357 Mason
229 E. Grand
236 Washington – garage only
725 Ellifson
597 W. Muskegon – garage only
733 Marcoux
1445 Park
1451 Park
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: October 7, 2015
There are a significant number of important items on the agenda this week. Accordingly, I
thought you could use a little background on them as you prepare for our meeting.
1. Under the consent agenda, we are asking the Commission for approval of the following:
a. Last meeting’s minutes.
b. A permit from Fiber Technologies to access and use the public right-of-way within
the city. The purpose of the access is to construct a fiber optic network extension
that will service certain properties in the city. According to the map, the expansion
will affect the following areas:
1. Parts of Henry Street between Sherman and Hackley
2. Parts of Roberts Street between Sherman and Keating
3. Parts of Creston Street between Laketon and Apple
4. Parts of Apple between Creston and US 31
5. Parts of Harvey Street
6. Parts of Keating Avenue
c. A property exchange with Muskegon Community College. We are asking to swap a
piece of property that now hosts a small portion of the lakeshore trail (owned by
MCC) with a similar property in the general vicinity. It appears that a number of years
ago, we purchased our piece of property for the trail, but actually built it on another
piece of property that was owned by the YMCA. This transaction will clean that
situation up.
d. We want to authorize a contribution to the Lakeshore Baseball Club in the amount
of $23,256 to repair/upgrade the bleachers at Marsh Field. This amount is 90% of
the anticipated cost for the needed repairs and Lakeshore Baseball Club will be
paying 10%.
e. Approval of a transfer of funds from the General Fund to the Engineering, Major
Streets, and Local Streets Funds. This concept was discussed at a commission
meeting back in June, but staff asked the Commission to wait until the fiscal year’s
final numbers were a bit clearer. Staff is recommending that the Commission
formally make a transfer to each of these funds because the funds needed the cash
and there was a possibility that the general fund would finish stronger than originally
projected. Accordingly, we are requesting the following transfers from the General
Fund be formally approved by the Commission (staff has already completed the
transfers internally):
1. $75,000 to the Engineering Fund
2. $300,000 to the Local Street Fund
3. $500,000 to the Major Street Fund
f. Approval of a neighborhood enterprise zone certificate for 314 Terrace Point Circle.
This is a model home that was constructed by the developer. The model home is
eligible for this certificate up to 6 months after completion.
g. Approval of a neighborhood enterprise zone certificate for 349 Terrace Point Circle.
This is a custom home that is currently under construction.
2. Public Hearings:
a. We are seeking to establish an industrial redevelopment district at 441 West Western
to facilitate the owner’s desire to operate a craft beer canning operation.
b. Once the district is established, we will be seeking approval of an Industrial Facilities
Exemption certificate for the property at 441 West Western.
c. Streetlight Assessment - $35 per parcel. I will do an introduction to the rationale for
the assessment, the value of the assessment, and the process for the assessment
before we take comments from the public.
3. Under New Business:
a. We are asking for concurrence with the HBA’s recommendation to demolish eight
structures – including six houses and two garages. Staff does not recommend any
further extensions for any of these structures.
If there are questions on any agenda items, please try to let staff know in advance, and we will
be sure to have the appropriate data/research available at the meeting.
Frank Peterson
City Manager
Date: September 15, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the September 22,
2015 City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 22, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, September 22, 2015.
Commissioner Willie German, Jr., opened the meeting with prayer, after which
the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Rinsema-Sybenga, Turnquist, Johnson, Hood, and German, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
2015-67 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the September 8, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Breast Cancer Ribbon Flag City Clerk
SUMMARY OF REQUEST: As they have done in the past, Tempting Tables is
requesting use of City Flag Poles at the Farmer’s Market, Hackley Park, City Hall,
on Shoreline Drive, and at Root Park to fly a Breast Cancer Ribbon Flag during
the week of October 11, 2015 in conjunction with the Tempting Tables fundraiser
event.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
D. Transportation Improvements Program Submittal for 2018-2020 Projects
Engineering
SUMMARY OF REQUEST: Authorize staff to submit the following projects to the
West Michigan Shoreline Regional Development Commission for funding
consideration and inclusion in the Fiscal Year 2018 – 2020 Transportation
Improvement Program (TIP).
1- For 2018: Black Creek Road from Sherman to Latimer & Beach Street from
Lakeshore to Oval
2- For 2019: Lakeshore Drive from Beach to Lincoln
3- For 2020: Lakeshore Drive from Lincoln to Laketon
Projects submitted will be considered for Federal and State transportation
funding. Adoption of the resolution is required as part of the submittal to commit
the local match should funds become available.
FINANCIAL IMPCAT: None at this time; however, a local match will be required
should we receive a grant for all/any projects.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the project submittal and resolution.
E. Request to Distribute Proposed Amendments to Master Land Use Plan to
Regional Entities Planning & Economic Development
SUMMARY OF REQUEST: Staff has initiated a request to amend the City of
Muskegon Master Land Use Plan to remove all references to Fisherman’s
Landing. This will include amendments to the 1997 Master Land Use Plan and the
2008 Downtown & Lakeshore Redevelopment Plan. The Planning Commission
recommended approval of these amendments and now the City Commission
must approve the distribution of the amended plan to regional entities. The
regional entities will have 42 days to review and make comments. Then, a public
hearing must be held at the Planning Commission meeting and they must
approve the amendments by a 2/3rds vote.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the proposed amendments.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the proposed amendments at their September 10, 2015
meeting, with one member absent.
F. Vacant Building Registration Ordinance Amendment Planning &
Economic Development
SUMMARY OF REQUEST: Request to amend the Code of Ordinances, Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purpose of clarifying that the vacant building registration fees are a lien
2 OF 7
against the property. The change is to section 10-107(b)(7) Delinquent
registration fees as a lien.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purpose stated.
G. Certificate of Compliance for Rental Dwellings Planning & Economic
Development
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Subdivision III. Rental Property Section 10-352. Certificate of Compliance for
rental dwellings in order to clarify the following:
Section 10-352(b) was amended to clarify that a certificate of compliance may
be suspended if any fees and debts to the city are incurred and not paid in full
after the initial issuance of the certificate.
Section 10-352(b)(5) was amended to clarify that the fees, fines, penalties or
debts that must be paid to maintain a valid certificate of compliance may be
based on any provision within all of Chapter 10, not only under the property
maintenance code.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 10-352(b) and Section 10-352 (b)(5), for the purpose stated.
H. Moratorium on fees for Vacant Buildings Planning & Economic
Development
SUMMARY OF REQUEST: Request to allow the moratorium to continue with the
guidelines that are in place so staff would not need to bring this before the City
Commission for approval each year. Should the need arise to change this in the
future; this will be brought back to the City Commission.
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval to continue the fee
moratorium for vacant building invoice fees for 2016 and into the future.
Motion by Commissioner Johnson, second by Vice Mayor Spataro, to accept
the Consent Agenda as read with the exception of item C.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga.
Nays: None
MOTION PASSES
2015-68 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Adopt a resolution to set October 13, 2015 Public Hearing Date for
Proposed Special Assessment (Street Lights) City Treasurer
SUMMARY OF REQUEST: To approve and adopt a resolution to set a public
hearing date of Tuesday, October 13, 2015 regarding creation of a city-wide
special assessment for street lights.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve and adopt a resolution to set a public hearing date of Tuesday,
October 13, 2015 regarding creation of a city-wide special assessment for street
lights.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist.
Nays: None
MOTION PASSES
2015-69 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the following structures are
unsafe, substandard, public nuisances, and that they be demolished within thirty
days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structures and that the
Mayor and City Clerk be authorized and directed to execute contracts for
demolition with the lowest possible responsible bidder or staff may issue
infraction tickets to the owner, agent or responsible party if they do not demolish
the structures.
1506 Park Street – garage only
1280 Sanford Street
FINANCIAL IMPACT: CDBG or General Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
4 OF 7
Motion by Vice Mayor Spataro, second by Commissioner Hood to concur with
the Housing Board of Appeals decision to demolish 1506 Park Street, garage
only, and 1280 Sanford Street.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson.
Nays: None
MOTION PASSES
B. Amendment to the Zoning Ordinance Planning & Economic
Development
SUMMARY OF REQUEST: Staff initiated request to amend section 400 of the
zoning ordinance to allow multiple family dwellings under certain circumstances
in R-1, Single Family Residential Districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the ordinance amendment by a 7-1 vote, with one member absent.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to approve the zoning ordinance amendment.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron.
Nays: None
MOTION PASSES
C. Allen Edwin Homes – Contract Negotiations Planning & Economic
Development
SUMMARY OF REQUEST: Staff has been working with Allen Edwin Homes to
develop plans for 9 homes on property bounded by Houston, Monroe, Fourth
and Fifth. Meanwhile, City Commission authorized staff to proceed with the
acquisition of this property from MSI at the August 25, 2015 Commission meeting.
As staff is prepared to implement plans for the new homes, it is necessary to
enter into a formal contract with Allen Edwin Homes for the home construction.
FINANCIAL IMPACT: This will be dependent on the actual terms of the Contract.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To authorize staff to negotiate with Allen Edwin
Homes for the construction of nine homes, with final terms and execution to be
determined by staff.
Motion by Vice Mayor Spataro, second by Commissioner German to authorize
staff to negotiate with Allen Edwin Homes for the construction of nine homes, with
final terms and execution to be determined by staff.
Motion by Commissioner Johnson, second by Commissioner Hood to amend
original motion to authorize staff to negotiate with Allen Edwin Homes for the
construction of nine homes with final terms to be approved by the City
Commission and signed by the Mayor and City Clerk with execution to be
determined by staff.
ROLL VOTE ON AMENDMENT: Ayes: German, Turnquist, Johnson, and Hood.
Nays: Rinsema-Sybenga, Gawron, and Spataro.
MOTION PASSES
ROLL VOTE ON ORIGINAL MOTION (with amendment): Ayes: Spataro, German,
Turnquist, Johnson, Gawron, and Hood.
Nays: Rinsema-Sybenga
MOTION PASSES
D. PILOT-General Capital Acquisitions, LLC – Planning and Economic
Development
SUMMARY OF REQUEST: Josh Hafron, General Capital Acquisitions, LLC
presented plans to City Commission at the September 8 meeting for an
affordable senior housing development at 275 W. Clay. The City Commission
was generally favorable with his plans. Mr. Hafron is now requesting a Payment
in Lieu of Taxes (PILOT) for the project. The development, Berkshire Housing
Apartments, will include 47 units (60% Area Median Income), 26 units (40% Area
Median Income), and 6 units (30% Area Median Income). Berkshire Housing
Apartments will contain both 1- and 2- bedroom units, common area, a
community room, exercise room, library/business center and outdoor courtyard
and terrace areas. In addition, Mr. Hafron is in discussions with Tanglewood, to
include a satellite office on site that would provide services for Berkshire residents
and the larger community. It will also include 2,200 square feet for commercial
space on the first floor of the building (an increase from the original amount of
1,800 square feet presented to Commission at the last meeting). The minimum
service charge of 4% will be imposed, as well as a service fee to the City of 2%. If
approved, this will be the first building downtown to comply with the new Form
Base Code standards.
FINANCIAL IMPACT: Although the PILOT for the project will be less than the taxes
captured for a similar market-rate project, the situation with this particular
property is that the contribution towards the City with be greater to the City with
the development under a PILOT than it is a vacant lot. In addition, taxes would
apply to the commercial square footage within the building.
6 OF 7
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATIONS: To approve the “Contract for Housing Exemption”
and the “Development Agreement” and authorize the Mayor and Clerk to sign.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to approve the Contract for Housing Exemption and the Development
Agreement and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Spataro, and
German.
Nays: Turnquist
ANY OTHER BUSINESS: Vice Mayor Spataro introduced a resident from West
Forest who voiced concerns about a neighbor fixing and selling cars from his
residence. Commissioner Turnquist asked about two homes that are boarded up
across the street from Muskegon High School. Chief Lewis indicated that
Inspection Notices had been sent to the owners.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:28 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
Date: October 13, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Fiber Technologies Networks, LLC – METRO Act
Permit
SUMMARY OF REQUEST: Approve the request for a permit from Fiber
Technologies Networks, LLC to access and use the public right-of-way within the city.
The purpose of the access is to construct a fiber optic network extension that will
service certain properties in the city. The expansion will affect the following areas:
1. Parts of Henry Street between Sherman and Hackley
2. Parts of Roberts Street between Sherman and Keating
3. Parts of Creston Street between Laketon and Apple
4. Parts of Apple between Creston and US 31
5. Parts of Harvey Street
6. Parts of Keating Avenue
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the permit and sign the documents.
Commission Meeting Date: October 13, 2015
Date: October 5, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Lakeshore Trail- Exchange of Property Between
the Muskegon Community College (MCC) and the
City
SUMMARY OF REQUEST: MCC has purchased the former YMCA property in
Muskegon. As the title company was in the process of preparing their title
commitment, it was found that a piece of property purchased by the City in
November 1998 for the Lakeshore Trail, was actually never used for the trail.
However, a similar sized property in the same area was used for this small portion of
the trail and was actually YMCA property. The attached Quit Claim deeds will deed
from MCC to the City the property where the Lakeshore Trail was actually built and
will deed from the City to MCC the property purchased by the City but never built on.
FINANCIAL IMPACT: MCC will pay for the necessary costs to close on the property
transactions.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale of property to MCC from the City,
described in “Exhibit A”, attached to the Quit Claim Deed and to accept the property
from MCC to the City, as described in “Exhibit A”, attached to the Quit Claim Deed,
and authorize the necessary staff signiture’s.
QUIT CLAIM DEED
THE GRANTOR: CITY OF MUSKEGON, a Michigan municipal corporation
WHOSE ADDRESS IS: 933 Terrace Street
Muskegon, Michigan
CONVEYS AND QUIT CLAIMS
TO THE GRANTEE: MUSKEGON COMMUNITY COLLEGE
WHOSE ADDRESS IS: 221 South Quarterline Road
Muskegon, Michigan 49442
the real estate situated in the City of Muskegon, Muskegon County, Michigan, more fully
described in Exhibit A attached hereto, together with all improvements, fixtures, easements,
hereditaments, and appurtenances associated with the real estate ("Property"), subject to
easements, restrictions, interests, and reservations of record; and taxes and assessments not yet
due and payable.
This Deed is exempt from the real estate transfer taxes under MCLA §§ 207.505(a) and
207.526(a) because the value of the consideration given is less than One Hundred Dollars ($100).
Dated: _________________, 2015
GRANTOR:
CITY OF MUSKEGON,
a Michigan municipal corporation
By:_________________________________
________________________________
Its: ________________________________
STATE OF MICHIGAN )
)ss:
COUNTY OF MUSKEGON )
Acknowledged before me in Muskegon County, Michigan on _________________, 2015, by
___________________, as ______________ of CITY OF MUSKEGON, a Michigan municipal
corporation.
_________________________________________
_________________________________________
Notary Public, Muskegon County, Michigan
My commission expires: ____________________
Acting in Muskegon County, Michigan
PREPARED BY AND RETURN TO:
Michael H. Schubert (P42174)
WARNER NORCROSS & JUDD LLP
700 Terrace Point Road, Ste. 350, P.O. Box 900
Muskegon, MI 49443-0900
Telephone: (231) 727-2600
13326264
EXHIBIT A
Legal Description of Property
Real property located in the City of Muskegon, County of Muskegon, State of Michigan,
described as follows:
Entire Block 573 of the Revised Plat (of 1903) of the City of Muskegon, as recorded in
Liber 3 of Plats, Page 71, Muskegon County Records
(1) EXCEPT the following described parcel: Commencing at the Southwest corner of said
Block 573 for point of beginning; thence North 1 degree 40 minutes West along the West
line of said Block 347.00 feet; thence North 21 degrees 40 minutes West along the Westerly
line of said Block 241.00 feet; thence North 29 degrees 28 seconds West along the Westerly
line of said Block 187.50 feet; thence South 35 degrees 37 minutes East 258.20 feet; thence
South 09 degrees 53 minutes East 504.80 feet to the Northerly line of West Western
Avenue; thence South 59 degrees 34 minutes West along said Northerly line 53.00 feet to
point of beginning.
(2) ALSO EXCEPT the following described parcel: That part of Block 573 of the Revised
Plat of 1903, City of Muskegon, described as commencing at the Southwest corner of said
Block 573; thence North 60 degrees 05 minutes 41 seconds East along the North right-of-
way line of Western Avenue 53.00 feet; thence North 09 degrees 21 minutes 19 seconds
West 29.43 feet to the point of beginning; thence North 09 degrees 21 minutes 19 seconds
West 16.04 feet; thence North 84 degrees 04 minutes 59 seconds East 33.42 feet; thence
North 59 degrees 38 minutes 22 seconds East 62.76 feet; thence North 52 degrees 45
minutes 15 seconds East 167.30 feet; thence South 09 degrees 50 minutes 32 seconds East
18.10 feet; thence South 52 degrees 45 minutes 15 seconds West 159.87 feet; thence South
59 degrees 38 minutes 22 seconds West 67.26 feet; thence South 84 degrees 04 minutes 59
seconds West 35.77 feet to the point of beginning.
(3) ALSO EXCEPT the following described parcel: Part of Block 573 of the Revised Plat of
1903 of the City of Muskegon, Section 25, Town 10 North, Range 17 West, Muskegon
County, Michigan, described as: Commencing at the Southwest corner of said Block 573;
thence North 59°34'00" East 294.90 feet along the Southerly line of said Block; thence
North 47°34'00" East 15.96 feet along said South line to the true place of beginning; thence
North 09°50'32" West 331.22 feet; thence North 26°32'53" East 23.87 feet; thence North
09°52'00" West 49.44 feet; thence North 36°59'18" East 10.12 feet to an intermediate
traverse line to Muskegon Lake; thence South 86°29'00" East 60.00 feet along said traverse
line; thence North 59°48'00" East 144.46 feet along said traverse line; thence South
31°52'00" East 143.01 feet along the Easterly line of said Block; thence South 01°52'00"
East 153.80 feet along said East line; thence South 47°34'00" West 293.89 feet along the
Southerly line of said Block to the place of beginning.
Together with an easement for ingress and egress over the following described property:
Commencing at the Southwest corner of said Block 573 for point of beginning; thence
North 1 degree 40 minutes West along the West line of said Block 150.00 feet; thence North
88 degrees 20 minutes East 28.48 feet; thence South 9 degrees 53 minutes East 125.79 feet
to the Northerly line of West Western Avenue; thence South 59 degrees 34 minutes West
along said Northerly line 53.00 feet to point of beginning.
The property address listed below is provided solely for informational purposes, without
warranty as to accuracy or completeness. If the information listed below is inconsistent in any
way with the legal description as listed, the legal description shall control.
Property Address: 900 West Western Avenue
Muskegon, Michigan
13326264
QUIT CLAIM DEED
THE GRANTOR: MUSKEGON COMMUNITY COLLEGE
WHOSE ADDRESS IS: 221 South Quarterline Road
Muskegon, Michigan 49442
CONVEYS AND QUIT CLAIMS
TO THE GRANTEE: CITY OF MUSKEGON, a Michigan municipal corporation
WHOSE ADDRESS IS: 933 Terrace Street
Muskegon, Michigan 49440
the real estate situated in the City of Muskegon, Muskegon County, Michigan, more fully
described in Exhibit A attached hereto, together with all improvements, fixtures, easements,
hereditaments, and appurtenances associated with the real estate ("Property"), subject to
easements, restrictions, interests, and reservations of record; and taxes and assessments not yet
due and payable.
This Deed is exempt from the real estate transfer taxes under MCLA §§ 207.505(a) and
207.526(a) because the value of the consideration given is less than One Hundred Dollars ($100).
Dated: _________________, 2015
GRANTOR:
MUSKEGON COMMUNITY COLLEGE
By:_________________________________
________________________________
Its: ________________________________
STATE OF MICHIGAN )
)ss:
COUNTY OF MUSKEGON )
Acknowledged before me in Muskegon County, Michigan on _________________, 2015, by
___________________, as ______________ of MUSKEGON COMMUNITY COLLEGE.
_________________________________________
_________________________________________
Notary Public, Muskegon County, Michigan
My commission expires: ____________________
Acting in Muskegon County, Michigan
PREPARED BY AND RETURN TO:
Michael H. Schubert (P42174)
WARNER NORCROSS & JUDD LLP
700 Terrace Point Road, Ste. 350, P.O. Box 900
Muskegon, MI 49443-0900
Telephone: (231) 727-2600
13326336
EXHIBIT A
Legal Description of Property
Real property located in the City of Muskegon, County of Muskegon, State of Michigan,
described as follows:
That part of Block 573 of the Revised Plat (of 1903) of the City of Muskegon, as recorded in
Liber 3 of Plats, Page 71, described as commencing at the Southwest corner of said Block
573; thence North 60 degrees 05 minutes 41 seconds East along the North right-of-way line
of Western Avenue 53.00 feet; thence North 09 degrees 21 minutes 19 seconds West 29.43
feet to the point of beginning; thence North 09 degrees 21 minutes 19 seconds West 16.04
feet; thence North 84 degrees 04 minutes 59 seconds East 33.42 feet; thence North 59
degrees 38 minutes 22 seconds East 62.76 feet; thence North 52 degrees 45 minutes 15
seconds East 167.30 feet; thence South 09 degrees 50 minutes 32 seconds East 18.10 feet;
thence South 52 degrees 45 minutes 15 seconds West 159.87 feet; thence South 59 degrees
38 minutes 22 seconds West 67.26 feet; thence South 84 degrees 04 minutes 59 seconds
West 35.77 feet to the point of beginning.
The property address listed below is provided solely for informational purposes, without
warranty as to accuracy or completeness. If the information listed below is inconsistent in any
way with the legal description as listed, the legal description shall control.
Property Address: 912 West Western Avenue
Muskegon, Michigan
13326336
Date: October 13, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Contribution to LBC (Lakeshore Baseball Club)
SUMMARY OF REQUEST:
Authorize a $23,256 contribution to LBC to fund the necessary upgrades to the
bleachers at Marsh Field.
FINANCIAL IMPACT:
Staff negotiated a 90% contribution ($23,256) toward the cost of repairs with LBC
paying the other 10%.
BUDGET ACTION REQUIRED:
If approved, staff will add to the upcoming budget reforecast.
STAFF RECOMMENDATION:
Approve contribution to LBC.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: October 13, 2015
Date: October 6, 2015
To: Honorable Mayor and City Commissioners
From: Finance
RE: Transfers to Engineering, Major and Local Streets Funds
SUMMARY OF REQUEST: During the close out of fiscal year 2014-15 and
based on the financial results for the fiscal year ended June 30, 2015, staff
transferred $75,000 from the general fund to the engineering services fund to
eliminate a fund balance deficit in that fund. In addition, staff transferred $500,000
from the general fund to the major streets fund to be used to assist with costs of
reconstructing Muskegon and Webster and $300,000 to support the local streets
fund. The possibility of transferring funds was discussed during the City Commission
work session meeting held on June 8, 2015.
FINANCIAL IMPACT: $75,000 from the general fund to the engineering services
fund, $500,000 from the general fund to the major streets fund, and $300,000 from
the general fund to the local streets fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Formal approval of the transfers from the
general fund to the engineering services fund, major streets fund, and local streets
fund, effective June 30, 2015.
Commission Meeting Date: October 13, 2015
Date: October 8, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 314
Terrace Point Circle
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Terrace Point Landing, LLC for the new construction of a home at 314 Terrace
Point Circle. The property is located in a Neighborhood Enterprise Zone for new
construction. This unit has already been built and is being used as the model for sales.
The State Tax Commission allows applicants to apply for an NEZ up to six (6) months
after construction commencement if the local unit of government is willing to approve.
The application states that the estimated cost for construction was $273,492. The
applicant has met local and state requirements for the issuance of the NEZ certificate.
Approval or denial by the City Commission is required within 60 days of the application
date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT:
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
10/8/2015
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Terrace Point Landing, LLC to construct a home at 314 Terrace Point Circle in
the Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Terrace Point Landing, LLC be
approved.
Adopted this 13th day of October, 2015.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
10/8/15
Ann Meisch
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 13, 2015.
By: ________________________
Ann Meisch
City Clerk
10/8/15
Commission Meeting Date: October 13, 2015
Date: October 8, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 349
Terrace Point Circle
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Orville and Susan Crain for the new construction of a home at 349 Terrace Point
Circle. The property is located in a Neighborhood Enterprise Zone for new construction.
The application states that the estimated cost for construction will be $513,688. This
unit is currently under construction. The State Tax Commission allows applicants to
apply for an NEZ up to six (6) months after construction commencement if the local unit
of government is willing to approve. The applicant has met local and state requirements
for the issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the State Tax
Commission.
FINANCIAL IMPACT:
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
10/8/2015
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Orville and Susan Crain to construct a home at 349 Terrace Point Circle in the
Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Orville and Susan Crain be approved.
Adopted this 13th day of October, 2015.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
10/8/15
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on October 13, 2015.
By: ________________________
Ann Meisch
City Clerk
10/8/15
Date: September 20th, 2015
To: Honorable Mayor & City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Safebuilt Collection Contract (amendment proposal)
SUMMARY OF REQUEST:
The Director of Public Safety requests that the City Commission review and consider
approving an amendment to the professional service contract with Safebuilt. The
agreement is being amended to accommodate the collections of the issued
municipal civil infractions (MCI) that have gone unresolved.
Safebuilt issues the MCI in cases in which a verbal and/or written warning has not
encouraged compliance with the noted ordinance violation. Safebuilt advised that
many recipients of the MCI are neither contacting nor complying with the issued MCI
citation.
2015 MCI’s issued that are not resolved within thirty (30) days after issuances will be
forwarded to a local collection agency. The proposed amendment addresses the
administrative fee Safebuilt will receive as it relates to amounts collected and
disbursed (see attached amendment).
FINANCIAL IMPACT:
Collected fees from Paramount will be received and disbursed per the
amended contract.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of this action to amend.
Commission Meeting Date: October 13, 2015
Date: October 8, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for the establishment of an Industrial
Development District at 441 W Western Ave.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Pigeon Hill Brewing Company, LLC, has
requested to establish an Industrial Development District at 441 W Western Ave. The
establishment of the district will allow the company to become eligible for Industrial Facilities
Tax Abatements (IFTs).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the establishment of the Industrial Development District.
COMMITTEE RECOMMENDATION:
None
10/8/2015
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 441 W WESTERN AVE,
MUSKEGON, MI 49440
PIGEON HILL BREWING COMPANY, LLC
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has the
authority to establish an Industrial Development Districts within the City of Muskegon; and
WHEREAS, Pigeon Hill Brewing Company, LLC has petitioned the City Commission of the City of Muskegon to
establish an Industrial Development District on its property located in the City of Muskegon hereinafter
described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the
time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to
the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the
establishment of the proposed district; and
WHEREAS, on October 13, 2015 a public hearing was held at which all owners of real property within the
proposed Industrial Development District and all residents and taxpayers of the City of Muskegon were afforded
an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Industrial Development District as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOT 5 BLK 313 DESC AS FOLS COM AT
SELY COR SD LOT 5 FOR POB TH N 41D 55M 22S W ALNG ELY LN SD LOT A DIST OF 140.29 FT
TH N 48D 10M 43S E ALNG NLY LN SD LOT A DIST OF 46.08 FT TH S 41D 59M 25S E A DIST OF
140.12 FT TH S 47D 58M 26S W ALNG SLY LN SD LOT A DIST OF 46.23 FT TO POB SBJT TO
ESMTS RECOR'D 3361/537 SBJT TO ESMTS RECOR'D 3473/376 SBJT TO ESMTS RECOR'D
3473/385
is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended,
to be known as Pigeon Hill Industrial Development District.
Adopted this 13th Day of October, 2015.
Ayes:
Nays:
Absent:
10/8/15
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on October 13, 2015.
______________________________
Ann Meisch
Clerk
10/8/15
Commission Meeting Date: October 13, 2015
Date: October 8, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – Pigeon Hill Brewing Company, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Pigeon Hill Brewing Company, LLC, has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company
will be investing $193,700 in real property. The investment is expected to create up to 20
jobs. This qualifies them for a tax abatement of 12 years on real property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of 12 for real property.
COMMITTEE RECOMMENDATION:
None
10/8/2015
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
PIGEON HILL BREWING COMPANY, LLC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on October
13, 2015, this Commission by resolution established an Industrial Development District as
requested by Pigeon Hill Brewing Company, LLC, including the property they lease at 441 W
Western Ave, Muskegon, Michigan 49440; and
WHEREAS, Pigeon Hill Brewing Company, LLC has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to building improvements that will occur within said
Industrial Development District ; and
WHEREAS, said application was filed no later than six months after project commencement and the Muskegon
City Commission held a public hearing on October 13, 2015, at the Muskegon City Hall in Muskegon,
Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected
taxing units were given written notice and were afforded an opportunity to be heard on said application;
and
WHEREAS, the building improvements are calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Pigeon Hill Brewing Company, LLC , for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to building improvements on the following described parcel
of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 PART LOT 5 BLK 313 DESC AS FOLS COM
AT SELY COR SD LOT 5 FOR POB TH N 41D 55M 22S W ALNG ELY LN SD LOT A DIST OF
140.29 FT TH N 48D 10M 43S E ALNG NLY LN SD LOT A DIST OF 46.08 FT TH S 41D 59M
25S E A DIST OF 140.12 FT TH S 47D 58M 26S W ALNG SLY LN SD LOT A DIST OF 46.23 FT
TO POB SBJT TO ESMTS RECOR'D 3361/537 SBJT TO ESMTS RECOR'D 3473/376 SBJT TO
ESMTS RECOR'D 3473/385
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of 12 years on real property.
10/8/15
Adopted this 13th Day of October 2015.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on October 13, 2015.
______________________________
Ann Meisch
Clerk
10/8/15
Memo
To: City Commission
From: Planning & Economic Development
cc:
Date: October 7, 2015
Re: Industrial Facilities Tax Abatement
The City Commission approved Pigeon Hill Brewing Company, LLC for a Commercial
Facilities Exemption Certificate for their new building at 441 W Western Ave on May 12, 2015.
However, the State Tax Commission has decided that they cannot approve the Certificate for
the entire building, only for the brewpub portion. They stated that the beer production portion
of the building would have to apply for an Industrial Facilities Tax Abatement (IFT).
Pigeon Hill and City staff were not expecting this, since the State Tax Commission had already
approved a Commercial Facilities Exemption Certificate for the brewery at 500 W Western
Ave. The State Tax Commission stated that this was an error on their part and they should
have applied for an IFT for that project a few years ago. They have encouraged Pigeon Hill to
apply for the IFT for the project at 441 W Western, even though they have started the work
before the Industrial Development District was created. They have ensured us that if the City
approves the IFT, the State Tax Commission will take it through a special process to approve
the IFT, even though normal procedures were not followed.
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933
Terrace Street, Muskegon, Michigan 49441, (“City”) and Pigeon Hill Brewing Company,
LLC (“Company”).
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company’s subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City’s determination whether or not to create the
district.
C. The Company intends to install the project set forth in its application (“project”)
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation or increase of economic activity, planning and zoning considerations and the
City’s general plan and intentions regarding economic development. In addition to the
City policy considerations and predictions that the Company’s proposed district and
certificate benefit the community in those ways, the City has further determined that the
contractual commitments made by the Company to thereby assist the community shall be
binding on the Company and necessary to continue the tax exemption made possible by
the certificate.
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
Page 1
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission.
1.2 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the State
Tax Commission. It shall maintain the said levels of employment diversity during
the period of the certificate.
1.3 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$193,700 in real property improvements as shown in the application.
1.4 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting of
the certificate by the State Tax Commission.
1.5 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.6 The Company shall not appeal the valuation of any real or personal property
at the facility to the Michigan Tax Tribunal or the State Tax Commission.
1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs, investment,
the meeting of all goals and the timely installation and utilization of equipment
and improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
Page 2
1.11 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to create the district and receive, process, and approve
thereafter the Company’s application for an industrial facilities exemption certificate.
The City may consider this contract in a meeting separate from and prior to the meeting
in which the City considers the creation of the district and approval of the application for
certificate. Further, the City shall require the submission of this contract signed by the
Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company’s property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company’s rights to due process:
Page 3
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the IFT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll.
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
Page 4
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the property of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By _________________________
Stephen J. Gawron, Mayor
Date _________________________
and___________________________
Ann Meisch, Clerk
Date _________________________
By___________________________
Its______________________
Date _________________________
Page 5
AGENDA ITEM NO._________
CITY COMMISSION MEETING: October 13, 2015
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Kenneth D. Grant, Treasurer
DATE: October 6, 2015
RE: Public Hearing
Create City Wide Special Assessment for Street Lights.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the entire city and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To create the special assessment for all eligible parcels for the entire city and assign two
City Commissioners to the Board of Assessors by adopting the attached resolution.
COMMITTTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. _____
Resolution At First Hearing Creating Special Assessment District
For Street Lights
Location and Description of Properties to be assessed:
See Exhibit A attached to this resolution
RECITALS:
1. By resolution of the City Commission, a hearing has been held on October 13, 2015, at
5:30 o’clock 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 are on file with the City and have been reviewed for this hearing.
3. At the hearing held on October 13, 2015, 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 with the
continuation of street lighting. 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 loss of street lighting
to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include all of the
property in the city.
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 street lights, the City will
assess $175 per parcel with a state equalized value of over $1,000 including all City
owned parcels, payable in five installments commencing with the Winter 2015 tax bill,
which means that approximately 80% of the cost of street lighting will be paid by special
assessments. (A tax parcel having a state equalized value of over $1,000 will pay an
extra $35 per year for five years for street lighting.)
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, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
_______________, 2015. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public acts of 1976.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Exhibit A
All eligible parcels located inside the City of Muskegon with a state equalized value of over $1,000.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN157076
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 357 Mason is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN157076 – 357 Mason
Location and ownership: This structure is located on Mason between 7th and 6th and is
owned by Norris Roberts.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/31/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 16,200
Estimated cost to repair: $ 25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The cards were returned & signed. The owner scheduled a trades inspection for
8/27/2015 with SAFEbuilt. On 9/3/2015 (same day as the HBA meeting) Mr. Roberts had called
and informed staff that because of the amount of items that needed to be repaired; he cannot fix
them. He was also informed that it would be less expensive if he were to contract for the
demolition.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
357 MASON AVE
Inspection noted:
1. Where repairs to existing roof are made, materials and color must blend with balance of roof.
Roof has some shingles or parts of shingles missing. Roof has shingles that are deteriorated and
need replacing.
2. Side of the roof has rotted or missing roof boards. Roof is totally deteriorated - must be replaced.
3. Have eave boards that are rotted or missing.
4. Siding has peeling paint--and is not protected from weather by a properly applied water resistant
paint or finish. This must be properly scraped before painting.
5. Siding is loose or falling off. Has broken siding.
6. Has trim that has holes in it or is rotted or missing.
7. Is not protected from weather by a properly applied water-resistant paint or waterproof finish.
Surface must be scraped prior to applying any water -resistant paint or waterproof finish.
8. Has peeling paint that needs to be scraped and needs to be protected from weather by properly
applied water-resistant paint or waterproof finish.
9. Ceiling is deteriorated or missing.
10. Block walls have joints where the mortar is missing.
11. Trim is broken, missing or incomplete. Trim is rotted. Trim is bare wood - must be painted,
varnished or sealed.
12. Exterior trim has peeling paint that needs to be properly scraped and needs to be protected from
weather by properly applied water-resistant paint or waterproof finish.
13. Window has glazing that is missing or deteriorated.
14. Window screen(s) is/are torn or damaged.
15. Door threshold is broken, rotted or missing.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to
contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be
completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
Owner ROBERTS NORRIS
1144 FRANCIS AVE
MUSKEGON, MI 49442
Enforcement #
Property Address: 357 MASON AVE
Parcel # 24-205-390-0005-00
Date completed: 8/27/2015
DEFICENCIES:
1. Electric service to be replaced to code
2. Hard wired, battery back up & interconnected smoke alarms to be installed to code
3. Upper unit bathroom and kitchen to be wired to code
4. Insure all wiring is safe and code compliant in upper unit
5. Lower unit(s) to be rewired to code
6. Replace all receptacles, switches & light fixtures throughout
7. lower roof is deteriorated and must be replaced
8. lower roof has holes rotted through it
9. Exterior has has rotted siding and trim and must be replaced
10. There is multiple broken windows that must be replaced
11. There is multiple areas that have wood soffit falling down
12. INTERIOR:
13. Ceiling has fell in hallway from roof leaking
14. Floor in hallway is rotted from roof leak
15. Main floor has multiple holes in walls
16. To convert to a single unit a new stairway must be installed inside of house
17. Unable to tell how bad structure is rotted from leaks until everything is torn apart
18. Unable to access michigan cellar due to no steps or ladder so I couldn't tell if floor joists are
rotten where roof has been leaking
19. The vent cap for the water heater on the north side of the house is damaged and needs to be
replace.
20. The water heater vent on the north side of the house vents to close to the house and openable
window. Must be 10 feet from a window.
21. The upper unit space heater is too close to combustibles and needs to be changed to a B-vent.
22. Both the water heaters need to be replaced.
23. The one furnace in the basement is newer but needs to have a b-vent connector pipe and a
chimney liner installed in the chimney.
24. The b-vent that goes out beside the masonry chimney needs to be raised to the same height as
the masonry chimney.
25. The basement was not accessible, therefore, I could only see the one furnace and water heater
from the access opening and could not inspect the ducts, gas lines, and furnace for the front unit
if there is one there.
_____________________________ _______________
Kirk Briggs, Building Official Date
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN147479
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 229 E Grand is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN147479 – 229 E Grand
Location and ownership: This structure is located on E. Grand between Hoyt and
Terrace and is owned by Vincent Robertson.
Staff Correspondence: A dangerous building inspection was conducted on 10/24/2014.
This property had been foreclosed on for taxes. Staff sent a request to the County
Treasurer asking for permission to demolish and was informed it had been sold. Once
the deed was entered in the system; staff proceeded with the demolition process. The
Notice and Order to Repair was issued on 7/17/2015. On 9/3/2015 the HBA declared
the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 9,300
Estimated cost to repair: $ 17,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The owner had come in at the beginning stating when he purchased it; no one told him it
was a dangerous building. Staff did contact the County Treasurer’s Office and was informed that when
they sell structures in the City of Muskegon; they let they buyers know they will want to get in touch with
the City right away to see if or what may need to be done with the property.
The letters to the property owner were returned unclaimed.
The letters to the IRS (interested party) were returned signed.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
East side of structure/roof. East side of home/cracks in foundation.
Front of structure. West side foundation buckling.
West side bad roof. Roof up close.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) - (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
229 E GRAND AVE
Inspection noted:
1. Foundation walls have missing mortar or open cracks.
2. Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
3. Foundation walls have missing brick or block.
4. There are areas where the foundation walls are pulling away from the structure.
5. No gas meter.
6. Roof is deteriorated & may need complete replacement.
7. There are roofing shingles that are curling or deteriorated.
8. Per City of Muskegon Code of Ordinances; Sec. 10-414(b) Securing buildings. “No dwelling
building or structure shall remain temporarily secured for a period exceeding 180 consecutive
days.
9. Soffit is missing.
10. Areas of Soffit have materials that aren’t weather safe.
11. There are exposed wire(s) sticking out of the siding.
12. Window trim is exposed & not protected from the weather by a property applied water-resistant
paint or waterproof finish. Surface must be scraped prior to applying any water-resistant paint or
waterproof finish.
13. There are trees or bushes that are growing along the foundation. Could help cause the foundation
to deteriorate.
14. There are areas where the siding is pulling away from the exterior where the soffit/trim meets.
15. Interior inspection needs to be done by the Trades Inspectors.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to
contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be
completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN156683
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 236 Washington
(garage only) is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days or infraction tickets may be issued. It is further requested that
administration be directed to obtain bids for the demolition of the structure and that the
Mayor and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder or staff may issue infraction tickets to the owner,
agent or responsible party if they do not demolish the structure.
Case# & Project Address: # EN156683 – 236 Washington (garage only)
Location and ownership: This structure is located on Washington between 6th and 5th
and is owned by Catalina Ortiz.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/24/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 19,200 (all structures).
Estimated cost to repair: $ 5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure. The Ms. Ortiz’s son resides in the home.
3) All notifications are mailed by certified mail with a return card for signature. Some cards came
back signed others were returned unclaimed.
Owner Contact: After the Housing Board of Appeals declared the garage as a dangerous building; Ms.
Ortiz’s son came in after the HBA’s determination was posted and had said he was given more time, but
could not remember by whom.
Timeline for dangerous building:
7/24/15 – Notice & Order - Posted/Mailed.
- 7/27/15-Owner called (SAFEbuilt) & agreed to give a letter explaining when they
would have the garage fixed. He did not want the garage inspected. Per KB’s note.
No letter was found.
- 8/20/15 – A letter was sent by SAFEbuilt for working without a permit.
8/21/15 – HBA meeting notification – Posted/Mailed.
- 8/25/15 – Note under work without a permit – Owner called SAFEbuilt & said they
are not working on it; but they are trying to get money to fix it.
- 9/3/15 – HBA meeting held. No one representing this property attended the meeting.
9/11/15 – HBA Determination – Posted/Mailed.
9/25/15 – CC meeting notification – Posted/Mailed.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
236 WASHINGTON AVE (garage only)
Inspection noted:
These pictures are of the garage only. An interior inspection had not been completed. You would need
to contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that
need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN157019
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 725 Ellifson is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN157019 – 725 Ellifson
Location and ownership: This structure is located on Ellifson between Mulder and S.
Getty and is owned by William Rodriguez.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/31/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 11,100
Estimated cost to repair: $ 19,800
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: There has been no contact from the owner. The letters were returned unclaimed. There
was a note on one of them stating the owner is deceased.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
725 ELLIFSON AVE
Inspection noted:
1. Where repairs to existing roof are made, materials and color must blend with balance of roof.
2. Roof has some shingles or parts of shingles missing.
3. Roof is totally deteriorated - must be replaced.
4. Have eave boards that are rotted or missing.
5. Siding has holes in it or is rotted or missing.
6. Siding is loose or falling off. Has broken siding.
7. Has trim that has holes in it or is rotted or missing.
8. Is not protected from weather by a properly applied water-resistant paint or waterproof finish.
Surface must be scraped prior to applying any water -resistant paint or waterproof finish.
9. Foundation walls have missing mortar or open cracks.
10. Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
11. Foundation walls are badly bowed.
12. Block walls have joints where the mortar is missing.
13. Window screen(s) is/are torn or damaged.
14. Window has glazing that is missing or deteriorated.
15. Door doorstop is broken or missing.
16. Door does not fit tight-install weather seal. Storm door does not operate properly. Door will not
latch or shut.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to
contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be
completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN157010
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 597 W Muskegon
(garage only) is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days or infraction tickets may be issued. It is further requested that
administration be directed to obtain bids for the demolition of the structure and that the
Mayor and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder or staff may issue infraction tickets to the owner,
agent or responsible party if they do not demolish the structure.
Case# & Project Address: # EN157010 – 597 W. Muskegon (garage only)
Location and ownership: This structure is located on W. Muskegon between 8th and 9th
and is owned by Christopher Lynn.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/31/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 18,900 (entire property)
Estimated cost to repair: $ 5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: All letters to the owner were returned unclaimed. The owner was aware of the garage
being considered a dangerous building due to the home being posted with each of the notices as well. Mr.
Lynn did call and speak with staff. He stated he was unable to make the HBA meeting. Staff suggested he
could send someone to represent his wishes. He did allow for a trades inspection on 9/2/15 with
SAFEbuilt. He wasn’t sure if he would want to rehab the garage or not.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
597 W MUSKEGON AVE (garage only)
Inspection noted:
The pictures of the garage are located above. An interior inspection had not been completed. You would
need to contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that
need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
DANGEROUS BUILDING INSPECTION REPORT
09/03/2015
Owner LYNN CHRISTOPHER L
597 W MUSKEGON AVE
MUSKEGON, MI 49440
Enforcement #
Property Address: 597 W MUSKEGON AVE
Parcel # 24-205-345-0003-00
Date completed: 9/2/15
DEFICENCIES:
Garage is leaning to the right severely
Needs a new roof
Needs new windows
Needs a new door
Needs paint
Wall is bowing out
The roof is sagging
It is cheaper to build a new garage
_____________________________ _______________
Kirk Briggs, Building Official Date
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN156657
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 733 Marcoux is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN156657 – 733 Marcoux
Location and ownership: This structure is located on Marcoux between Mulder and S.
Getty and is owned by Walter J. Soto
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/24/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 9,400
Estimated cost to repair: $ 22,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The certified return cards were returned with signatures that were illegible.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
733 MARCOUX AVE
Inspection noted:
1. Front roof is falling off the house.
2. Roof is totally deteriorated - must be replaced. Side of the roof has rotted or
missing roof boards. Rafters are broken or rotted.
3. Rafters are bowed and the roof is sagging. Roof rafters need bracing in the attic.
4. Have eave boards that are rotted or missing. Has aluminum fascia that is loose,
falling off or missing.
5. Siding has holes in it or is rotted or missing. Siding is loose or falling off. Has
broken siding. Siding corners are missing.
6. Siding has peeling paint--and is not protected from weather by a properly applied
water resistant paint or finish. This must be properly scraped before painting.
7. Has trim that has holes in it or is rotted or missing.
8. Is not protected from weather by a properly applied water-resistant paint or
waterproof finish. Surface must be scraped prior to applying any water -resistant
paint or waterproof finish.
9. Steps are deteriorated or missing-when installing new, steps must have 36"
landing at the top if entering door. Step structure is rotted. Concrete has holes
and/or is deteriorated.
10. Foundation walls have missing mortar or open cracks.
11. Numerous windows & doors are boarded up. Prior to City boarding the structure;
it was open to the elements.
This listing is a list of exterior items. An interior inspection had not been completed. You would need
to contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that
need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN157072
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1445 Park is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN157072 – 1445 Park
Location and ownership: This structure is located on Park between Washington and W.
Grand and is owned by Loancare.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/31/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $ 12,800
Estimated cost to repair: $ 18,500
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: Loancare had sent a note to staff stating they no longer had interest in the
structure. There have been no deeds or any other document recorded with the Register of Deeds
Office showing otherwise. Staff continued to send the letters to Loancare with a note to them
letting them know that they were still listed as the owner. Staff also sent the mailing to Selene
Financing (this was noted in the letter from Loancare). Mark of Champion Property Preservation
had also contacted staff regarding this property. A contractor had tried to obtain a permit from
SAFEbuilt and was informed that this property was declared as a dangerous building and was
scheduled to go to City Commission so any permits for repairs could not be obtained at this time.
Hope M. explained the process for dangerous buildings and what the next step would be. Karen
C. (City Planning Dept.) had also emailed him copies of the notifications that were mailed and
posted to the structure. Staff did inform Mark that this was scheduled to go before the City
Commission on 10/13/15 and if the City Commission concurs; the owner/interested party may
file paperwork with Circuit Court to obtain superintending control within 21 days.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1445 PARK ST
Inspection noted:
1. Roof has shingles that are deteriorated and need replacing.
2. Siding has holes in it or is rotted or missing. Siding is loose or falling off. Has broken siding.
3. Siding has peeling paint--and is not protected from weather by a properly applied water
resistant paint or finish. This must be properly scraped before painting.
4. Is not protected from weather by a properly applied water-resistant paint or waterproof
finish. Surface must be scraped prior to applying any water -resistant paint or waterproof
finish.
5. Foundation walls have missing mortar or open cracks.
6. Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
7. Block walls have joints where the mortar is missing.
8. Trim is broken, missing or incomplete. Trim is rotted.
9. Trim is bare wood - must be painted, varnished or sealed. Exterior trim has peeling paint that
needs to be properly scraped and needs to be protected from weather by properly applied
water-resistant paint or waterproof finish.
10. Door is broken or missing.
11. Door threshold is broken, rotted or missing.
12. No Trades Inspection has been completed for this property. This is being noted due to
others having interest in the property that had not shown up in the Register of Deed’s
files.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to
contact SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be
completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: October 13, 2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN157069
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1451 Park is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN157069 – 1451 Park
Location and ownership: This structure is located on Park between Washington and W.
Grand and is owned by Antwan Bruce.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 7/31/2015. On 9/3/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG or General Funds
Budget action required: None
State Equalized value: $11,700
Estimated cost to repair: $ 17,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The owner scheduled a Trades Inspection for 8/14/2015. Some of the pictures
that were taken during the inspection are included as well as a report on the electrical.
Permits obtained: The owner had obtained permits in 2014 and had them extended on 8/31/2015.
The permits were as follows:
PB140740 – Tear off & reroof/repair 2 sections of the lower sections of the house; repair
drywall damaged by roof leaks. No progress inspections have been completed.
PE140520 – Replace Electrical Service. No progress inspections have been completed.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
Interior pictures that were taken by SAFEbuilt during a trades inspection:
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1451 PARK ST
Inspection noted:
1. Roof flashing is missing or incorrectly installed. Aluminum flashing is loose or missing.
2. Where repairs to existing roof are made, materials and color must blend with balance of
roof. Roof has some shingles or parts of shingles missing.
3. Side of the roof has rotted or missing roof boards.
4. Have eave boards that are rotted or missing.
5. Is not protected from weather by a properly applied water-resistant paint or waterproof
finish. Surface must be scraped prior to applying any water -resistant paint or waterproof
finish.
6. Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
7. Siding has holes in it or is rotted or missing. Siding corners are missing.
8. Siding has peeling paint--and is not protected from weather by a properly applied water
resistant paint or finish. This must be properly scraped before painting.
9. Opening in the wall has been closed off with material that does not blend with the rest of
the structure.
10. Window(s) has/have broken or cracked glass.
11. Window sill is broken, missing or rotted.
12. Window frame is rotted.
13. Window has glazing that is missing or deteriorated.
14. Many windows are boarded.
This listing is a list of exterior items. An interior inspection had not been completed. You would
need to contact SAFEbuilt for a trades inspection to get a complete listing of any additional items
that need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
DANGEROUS BUILDING INSPECTION REPORT
08/17/2015
Owner BRUCE ANTWAN
1520 6th STREET APT 1
MUSKEGON, MI 49442
Enforcement #
Property Address: 1451 PARK ST
Parcel # 24-205-408-0001-20
Date completed: 8/14/15
DEFICENCIES:
• ELECTRICAL
o Electric service to be replaced to 2014 code.
o Bathroom to be wired to code.
o Living room to be wired to code.
o Smoke alarms to be replaced.
o Replace all broken light fixtures.
o All switches and receptacles to work, replace as needed.
o Provide GFI protection to code.
_____________________________ _______________
Kirk Briggs, Building Official Date
Sign up for City of Muskegon Emails