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CITY OF MUSKEGON CITY COMMISSION MEETING DECEMBER 13, 2016 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: A. City of Muskegon Employees – Years of Service Awards □ INTRODUCTIONS/PRESENTATION: □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Park Reservation Software Department of Public Works C. Transmittal of 06/30/16 Comprehensive Annual Financial Report Finance Director D. 2016 User Fee Update Finance E. Request to Deny & Accept Properties that did not Sell During the Tax Sale for 2016 Planning & Economic Development F. All Season Rescue Water Craft (Fire) Public Safety G. Renaissance Zone: Third Amendment to Development Agreement – City of Muskegon and Parkland Muskegon, Inc. Planning & Economic Development H. Purchase of 235 Monroe Community & Neighborhood Services I. Approval of a Neighborhood Enterprise Zone Certificate-335 Terrace Point Circle Planning & Economic Development J. Approval of a Neighborhood Enterprise Zone Certificate – 347 Terrace Point Circle Planning & Economic Development K. Salt Spreader DPW/Equipment Page 1 of 2 L. RFP for Temporary Staffing Services Provider Affirmative Action and Risk Management M. 2017 Salary Schedule and Fringe Benefits for Non-Represented Employees City Manager N. Kitchen 242 Contract City Clerk O. Set Public Hearing for Amendment to Brownfield Plan – P & G Holdings NY, LLC Planning & Economic Development P. Authorize Muskegon County to Adopt and Enforce a Storm Water Runoff and Post-Construction Ordinance SECOND READING Planning & Economic Development Q. Community Relations Committee Recommendations City Clerk □ PUBLIC HEARINGS: □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Appoint Representative to Recreation Authority Steering Committee City Manager B. Request to Create a new Neighborhood Enterprise Zone District at 285 W. Western Avenue Planning & Economic Development C. Approval of Sale of City-Owned Home at 1477 Nolan Community and Neighborhood Services D. Professional Service Agreement (SAFE built) Public Safety – REMOVED PER STAFF REQUEST □ ANY OTHER BUSINESS: □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Date: December 7, 2016 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the November 22, 2016 Regular City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING NOVEMBER 22, 2016 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, November 22, 2016. Mayor Stephen J. Gawron, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood Commissioners Ken Johnson, Debra Warren, Dan Rinsema-Sybenga, and Byron Turnquist, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Commissioner Willie German, Jr. HONORS AND AWARDS: A. Recognition of Fall 2016 Citizen’s Academy Graduates Public Safety Citizens that participated in the Fall 2016 Citizen’s Academy were recognized by the Director of Public Safety, Jeff Lewis, the Mayor, and the City Commission, and were presented with resolutions commending them for their commitment. INTRODUCTIONS/PRESENTATION: Volunteers from the Muskegon Area Free Fit Club were recognized for their dedication to the citizens of our community for their work to save the pavilion at Joe Clifford’s Park. 2016-88 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the October 25, 2016 Regular City Commission Meeting and the November 7, 2016 Worksession Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Approval of Revised Citizen Participation Plan, Specifically the Period for Citizen Comments Community & Neighborhood Services Page 1 of 9 SUMMARY OF REQUEST: To approve a revision of the Citizen Participation Plan clarifying the length of time allowed for citizens to comment. The change would reduce the number of days required for a formal comment period form 30 days to either 15, 20, or 30 days. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: Item was approved by the Citizen’s District Council. C. Sale of a Non-Buildable Vacant Lot at 1296 Lakeshore Drive Planning & Economic Development SUMMARY OF REQUEST: To approve the sale of a vacant, non-buildable lot at 1296 Lakeshore Drive to five different adjacent property owners (1487 High Street, 1492 High Street, 1294 Lakeshore Drive, 1298 Lakeshore Drive, 1284 Lakeshore Drive). The lot is roughly 0.92 acres and is considered unbuildable because of its location on a steep hill and the general intent of its zoning classifications. It is zoned OSC, Open Space Conservation. These districts are intended to provide for permanent open spaces in the community, and the protection of sand dunes and other natural features, and are designed to provide undeveloped recreational areas and to safeguard the health, safety, and welfare of the citizens of Muskegon and adjacent areas by limiting development in locations where police and fire protection, protection against flooding by high water table or storm water, and dangers from excessive erosion are not possible without excessive costs to the City. The property owners wish to purchase the property to prevent any future development and to be able to maintain the property. They have offered $8,000 plus the cost of the survey ($2,147) and all closing costs. FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for the City and will place the property back on the City’s tax rolls, thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the lot sale request. D. Request to Add Parcels to the City’s Existing Groundwater Ordinance – SECOND READING Planning & Economic Development SUMMARY OF REQUEST: The Commission previously approved the parcels to be added to the groundwater ordinance regarding the former Mobil Oil Pipeline – Sisson Avenue at McCracken Street, on August 23, 2016 (ordinance 2355). However, the applicant listed the wrong parcels on the application, but they did mail notices to the correct addresses. Staff is requesting to repeal ordinance Page 2 of 9 2355 and replace it with a new ordinance with the correct parcels listed. The ordinance prohibits the use of groundwater wells and secondary water supplies under certain circumstances and in certain locations, to prevent exposure to contaminated groundwater, as well as to prevent wells from influencing the movement of contaminated water. Notice was sent to the affected addresses prior to this meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the ordinance amendment to add the additional 52 parcels. E. Towing Contract Extension (Ramos Towing Services) Public Safety SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and consider approving a contract extension with our current service provider, Ramos Towing. Currently, Ramos provides towing/impoundment/storage service for the City of Muskegon. Ramos Towing has been under authorized contract services for towing for the last 3 years (01/14/14 to 01/14/17). Ramos Towing is willing to extend towing services for one year (01/14/2017 to 01/14/2018) as allowed in the current contract. FINANCIAL IMPACT: None – current contract language in effect. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of this extended towing contract agreement for one year. F. Wireless Internet at Muskegon Farmers Market City Clerk SUMMARY OF REQUEST: Currently, the Farmers Market cannot connect to the City of Muskegon’s network. Because of this issue, they are unable to have a City of Muskegon email or use the programs currently available to other employees. Currently they are using a much slower provider. Connecting the market to the City’s infrastructure is a specialty service that few can provide. The IT Department was able to receive a quote from MapleNet Wireless to install the wireless link. With this capability, we will be able to utilize our Cisco phone system and eliminate a $293.44 monthly bill – a payback of approximately 2.5 years while increasing our bandwidth tremendously. This will not provide better wireless internet to the customers at the market but it is a feature we will be reviewing in the future. FINANCIAL IMPACT: None Page 3 of 9 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize MapleNet to install a wireless link to connect the Muskegon Farmers Market to City Hall and to select option two in the amount of $8,914.29 based on the recommendation of the IT Department. G. Two Entry Level Positions in IT Information Technology SUMMARY OF REQUEST: Recently, our Database Administrator left for a new position. Currently there are only two employees supporting over two hundred city employees including City Hall, Police, Water Filtration, Fire Department, Farmers Market, etc. as well as external agencies including the cities of North Muskegon, Roosevelt Park, and Montague. As such, the IT Department finds itself in a position to restructure the department. The IT Department would like to move from an administrator position to two entry level technical positions. One of the positions will be full-time and the other part- time. FINANCIAL IMPACT: The current salary of the Database Administrator is $65,000. The proposed salary for a full-time technical position starts at $45,000 and the part-time wage will be hourly based on the same wages. BUDGET ACTION REQUIED: None STAFF RECOMMENDATION: To create two entry-level technical positions in the IT Department. Motion by Commissioner Turnquist, second by Vice Mayor Hood, to approve the Consent Agenda as presented. ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES 2016-89 PUBLIC HEARINGS: A. Public Hearing – Request to Establish an Obsolete Property District – 1740 E Sherman Boulevard Planning & Economic Development SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Pacifica Muskegon, LLC, has requested the establishment of an Obsolete Property District for their property at 1740 East Sherman Boulevard. The establishment of the Obsolete Property District would allow them to apply for an Obsolete Property Rehabilitation Exemption Certificate. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the Obsolete Page 4 of 9 Property District. PUBLIC HEARING COMMENCED: No Public Comments were received. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to close the public hearing and to approve the Obsolete Property District at 1740 E. Sherman Boulevard. ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES B. Public Hearing – Request to Issue an Obsolete Property Certificate – Pacifica Muskegon, LLC – 1740 E Sherman Boulevard Planning & Economic Development SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Pacifica Muskegon, LLC, has requested the issuance of an Obsolete Property Certificate for their property located at 1740 East Sherman Boulevard. The estimated cost for rehabilitation of this property will be $1,500,000. The applicant is eligible for a 12-year abatement because of the amount of investment. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen at the pre-rehabilitated rate for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the Obsolete Property Rehabilitation Exemption Certificate. PUBLIC HEARING COMMENCED: No Public Comments were received. Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga, to close the public hearing and to approve the Obsolete Property Rehabilitation Exemption Certificate at 1740 E. Sherman Boulevard. ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood. Nays: None MOTION PASSES 2016-90 NEW BUSINESS: A. First Quarter 2016-17 Budget Reforecast Finance Director SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2016-17 Budget Reforecast which outlines proposed changes to the budget that have Page 5 of 9 come about as a result of changes in revenue projections, policy priorities, labor contracts, updated economic conditions, or other factors. FINANCIAL IMPACT: A summary of first quarter proposed adjustments to the budget are as follows: • General Fund revenues are reforecast to be $115,000 lower than the original budget, largely due to lower projected income tax revenues. • General Fund expenditures are reforecast to be $40,000 higher than the original budget, primarily due to the addition of $25,000 for street light removal and $15,000 in capital for a perks reservation system. • There is some refinement of the capital projects budget resulting in an overall net decrease of $14,000 from the original budget. BUDGET ACTION REQUIRED: City Commission approval of this reforecast will formally amend the City’s 2016-17 budget. STAFF RECOMMENDATION: Approval Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood to approve the First Quarter 2016-17 Budget Reforecast. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren. Nays: None MOTION PASSES B. Commercial Chemical Spreader/Sprayer DPW/Equipment SUMMARY OF REQUEST: Authorize staff to purchase one (1) Z Max Commercial Spreader/Sprayer from SiteOne Landscape Supply, lowest qualified bidder with a bid price of $11,455.00 (the other bid was submitted by LT Rich Products for $11,455.77). This request is contingent upon 1st quarter budget reforecast approval. FINANCIAL IMPACT: $11,455.00 BUDGET ACTION REQUIRED: None. Amount is what was budgeted. STAFF RECOMMENDATION: Authorize staff to purchase one (1) Z Max Commercial Chemical Spreader/Sprayer. Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood to approve the authorize staff to purchase one Z Max Commercial Chemical Spreader/Sprayer. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren. Page 6 of 9 Nays: None MOTION PASSES C. Transfer of the Commercial Rehabilitation Exemption Certificate – 316 Morris Avenue Planning & Economic Development SUMMARY OF REQUEST: The Hinman Company was approved for a Commercial Rehabilitation Exemption Certificate in 2013 and the certificate was applied to the entire building. However, the project only included the rehabilitation of floors one through five and did not include floors six and seven. The certificate was approved for 10 years and the company did invest the $450,000 in upgrades as described in the application. The company would like to transfer the Commercial Rehabilitation Exemption Certificate (#C2013-011) from the entire building (floors 1-7) to floors one through five. This will allow them to apply for a Neighborhood Enterprise Zone Certificate for floors six and seven for their apartment project. Currently, they would not be able to apply for a Neighborhood Enterprise Zone Certificate because there is already an abatement on floors six and seven and the Michigan Economic Development Corporation does not allow multiple tax abatements at the same location. FINANCIAL IMPACT: The transfer would allow for the company to apply for a Neighborhood Enterprise Zone. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the Commercial Rehabilitation Exemption Certificate transfer. Motion by Vice Mayor Hood, second by Commissioner Johnson, to approve the Commercial Rehabilitation Exemption Certificate transfer for 316 Morris Avenue ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema- Sybenga. Nays: None MOTION PASSES D. Revocation of a portion of the Commercial Rehabilitation Exemption Certificate – 316 Morris Avenue Planning & Economic Development SUMMARY OF REQUEST: In order to apply for the Neighborhood Enterprise Zone Certificate for floors six and seven, the Commercial Rehabilitation Exemption Certificate must be revoked on these floors. FINANCIAL IMPACT: The revocation would allow for the company to apply for a Neighborhood Enterprise Zone. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the revocation of a portion of the Page 7 of 9 Commercial Rehabilitation Exemption Certificate. Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to approve the revocation of a portion of the Commercial Rehabilitation Exemption Certificate for 316 Morris Avenue. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and Turnquist. Nays: None MOTION PASSES E. Approval of a Neighborhood Enterprise Zone Certificate – 316 Morris Avenue Planning & Economic Development SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone Certificate has been received from Hinman Lake, LLC for the conversion of offices to apartments on the sixth and seventh floors of their building at 316 Morris Avenue. The estimated project cost is $1,777,200 and will include 20 market rate apartments. The property was approved as a Neighborhood Enterprise Zone District on September 13, 2016. The applicant has met local and state requirements for the issuance of the NEZ certificate. FINANCIAL IMPACT: The taxes on floors six and seven will be frozen at the pre-rehabilitated rate for 12 years, with a three year phase out (they will receive 75% of the abatement in year 10, 50% in year 11 and 25% in year 12). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the NEZ certificate. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to approve the Neighborhood Enterprise Zone Certificate for 316 Morris Avenue. ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and Johnson. Nays: None MOTION PASSES F. Adopt a Resolution of Intent Regarding Recreational Authority City Manager SUMMARY OF REQUEST: To express the intent of the City of Muskegon to establish a recreational authority within the County of Muskegon and to appoint a representative of the City of Muskegon to join with the representatives from other like-minded municipalities to form a steering committee to prepare articles of incorporation for such a recreational authority, which would include the City of Muskegon within its territory. FINANCIAL IMPACT: None at this time. Page 8 of 9 BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To adopt the resolution expressing the intent of the City of Muskegon to establish a recreational authority within the County of Muskegon and to appoint a representative of the City of Muskegon to join with the steering committee. Motion by Commissioner Johnson, second by Commissioner Warren, to adopt the resolution expressing the intent of the City of Muskegon to establish a recreational authority within the County of Muskegon and to appoint a representative of the City of Muskegon to join with the steering committee. ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and Gawron. Nays: None MOTION PASSES ANY OTHER BUSINESS: Commissioner Johnson congratulated Vice Mayor Hood on becoming the President of the local chapter of the NAACP. Commissioner Warren thanked everyone for their well wishes for her, her husband, and their new baby boy, Levon. Dave Alexander, Muskegon Downtown Now, reminded everyone about Small Business Saturday and Christmas in the City with the lighting of the Christmas Tree at Hackley Park Saturday, November 26, 2016 at 5:30. PUBLIC PARTICIPATION: Public Comments were received. ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m. Respectfully Submitted, Kimberly Grimm, Deputy City Clerk Page 9 of 9 AGENDA ITEM NO. __________ CITY COMMISSION MEETING DECEMBER 13, 2016 TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: December 13, 2016 SUBJECT: Park Reservation Software SUMMARY OF REQUEST: Staff is requesting to contract with Active Network to provide software and services for online shelter/community room reservations and payments. FINANCIAL IMPACT: $15,060 + transaction fees. BUDGET ACTION REQUIRED: None. Funds were added to capital improvements in 1st Quarter Budget Reforecast. STAFF RECOMMENDATION: To authorize staff to enter into a contract with Active Network to provide software and services for a Park Reservation system that will allow online booking and payments. To: The City Commission From: Mohammed Al-Shatel Director of Public Works Date: December 13, 2016 Subject: Park Reservation Software Currently, all picnic shelter reservations are made by filling out a paper application. Payment is made by mail, coming in person to Engineering office or over the phone with a credit card. With over 300 reservations each year, this method is inefficient and cumbersome. Staff sought out alternative methods and reviewed software options and found Active Network to provide the best solution to our current needs. Active Networks proposal is $15,060, plus transactions fees. After the initial setup, there are no other fees for support and/or upgrade costs in the future. Active Network processes the credit card payments, so another 3rd party vendor is not necessary. The credit card transaction fees will be paid by the user. Active Network MaxGalaxy Web based X X Prevents "double" booking X X Customizable reports X Unlimited users X Limited licenses (5) X Customizable forms X PCI Level 1 Compliant X 3rd party credit card processor X Annual fees-3 year contract X 3 year contract renewable X Staff is requesting to contract with Active Network to provide software and services for online shelter reservations and payments. Commission Meeting Date: December 13, 2016 Date: December 6, 2016 To: Honorable Mayor and City Commissioners From: Finance Director RE: Transmittal of 6/30/16 Comprehensive Annual Financial Report SUMMARY OF REQUEST: The City's June 30, 2016 Comprehensive Annual Financial Report (CAFR) will be distributed to City Commissioners via email and hard copy. The CAFR will also available on the City’s website at www.shorelinecity.com. The CAFR includes the annual independent auditor’s report as required by state law. At this time the CAFR is being formally transmitted to the City Commission. The CAFR has been prepared in accordance with all current Governmental Accounting Standards Board (GASB) pronouncements and also includes the single-audit of federal grants received by the City. FINANCIAL IMPACT: The CAFR report summarizes the City's financial activities for the year and includes the independent auditor's unmodified opinion on the City's financial statements. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Acceptance of the June 30, 2016 CAFR and authorization for staff to transmit the CAFR to appropriate federal, state and private agencies. COMMITTEE RECOMMENDATION: None. Date: December 13, 2016 To: Honorable Mayor and City Commissioners From: Finance RE: 2016 User Fee Update SUMMARY OF REQUEST: City departments have reviewed and updated their user fees and these have been incorporated into the Master Fee Resolution that is attached for your consideration. The new fees and fee changes that are being proposed are highlighted on the attached spreadsheet and significant changes include the following: • City code compliance vacant building registration fees have been updated; • Rental property registration and inspection fees have been adjusted; • Various building permit fees have been revised; FINANCIAL IMPACT: Revenue generated for fee supported activities. BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee Resolution will help the City attain its budgeted revenue estimates. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: None. 1 City of Muskegon RESOLUTION A resolution adopting fees for services in the City entitled "Master Fee Resolution". The City of Muskegon hereby RESOLVES: 1. The City of Muskegon has in the past adopted resolutions from time to time which set fees for various services in the City. 2. That in addition to the specifically adopted resolution fees, there are fees which are charged pursuant to ordinances and codes as well the fees which are charged in the exercise of various other functions of the City which serve the public. 3. That the City Commission has reviewed all of the fees which are charged from time to time pursuant to resolution, ordinance and in the affording of services to and for the public, and has determined to adopt the resolution a comprehensive schedule of fees by this resolution which is hereby called the "Master Fee Resolution". 4. That the City Commission and its committees, with the advice of the staff of the City, have carefully investigated and examined the fees set forth in this Master Resolution and have determined that they are reasonably related to the actual cost of affording the services involved. NOW, THEREFORE, THE CITY COMMISSION HEREBY RESOLVES: 1. That the schedule of fees attached to this resolution is hereby adopted and shall be charged for the services set forth in the schedule and under the conditions set forth therein. 2. That any fees listed which are also listed in specific resolutions, rules or regulations, shall be charged in accordance with those resolutions, rules and regulations, and with the practices of the City in affording the appropriate services. 3. That the adoption of this resolution does not amend or change previous specific resolutions for the charging of fees for services, and does not preclude the existence of previous or future resolutions setting forth fees which are not included herein. This resolution adopted. Ayes Nays CITY OF MUSKEGON _____________________Ann Marie Meisch, City Clerk CERTIFICATE This Resolution was adopted at a meeting of the City Commission of the City of Muskegon, held on December 13, 2016. 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. Ann Marie Meisch, City Clerk 2 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 1 ALL ADMINISTRATIVE OVERHEAD ON SALES TO OUTSIDE PARTIES TOTAL BALANCE DUE 15.00% 15.00% 15.00% 15.00% 2 ALL COPIES FOR PUBLIC (STANDARD SIZES) PER COPY 0.25 0.25 0.25 0.25 3 ALL FAX CHARGE FOR INFORMATION REQUESTS PER PAGE 0.50 0.50 0.50 0.50 4 ALL LATE FEE ON CITY RECEIVABLES (EXCEPT TAXES) PAST DUE BALANCE 1.00% 1.00% 1.00% 1.00% PER MO./IMPOSED AFTER 30 DAYS 5 CEMETERIES CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS A-B) EACH 1,350.00 1,350.00 1,350.00 1,350.00 6 CEMETERIES CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS A-B) NR * EACH 1,700.00 1,700.00 1,700.00 1,700.00 7 CEMETERIES CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS C-F) EACH 1,600.00 1,600.00 1,600.00 1,600.00 8 CEMETERIES CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS C-F) NR * EACH 2,000.00 2,000.00 2,000.00 2,000.00 9 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) ONE GRAVE 750.00 750.00 750.00 750.00 50% GOES TO PERPETUAL CARE 10 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) TWO GRAVES 1,400.00 1,400.00 1,400.00 1,400.00 50% GOES TO PERPETUAL CARE 11 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) NR * TWO GRAVES 1,650.00 1,650.00 1,650.00 1,650.00 50% GOES TO PERPETUAL CARE 12 CEMETERIES CEMETERIES GRAVE PRICES (EVERGREEN) NR * ONE GRAVE 900.00 900.00 900.00 900.00 50% GOES TO PERPETUAL CARE 13 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) ONE GRAVE 750.00 750.00 750.00 750.00 50% GOES TO PERPETUAL CARE 14 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) TWO GRAVES 1,400.00 1,400.00 1,400.00 1,400.00 50% GOES TO PERPETUAL CARE 15 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * ONE GRAVE 900.00 900.00 900.00 900.00 50% GOES TO PERPETUAL CARE 16 CEMETERIES CEMETERIES GRAVE PRICES (LAKESIDE) NR * TWO GRAVES 1,650.00 1,650.00 1,650.00 1,650.00 50% GOES TO PERPETUAL CARE 17 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) ONE GRAVE 750.00 750.00 750.00 750.00 50% GOES TO PERPETUAL CARE 18 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) TWO GRAVES 1,400.00 1,400.00 1,400.00 1,400.00 50% GOES TO PERPETUAL CARE 19 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) NR * TWO GRAVES 1,650.00 1,650.00 1,650.00 1,650.00 50% GOES TO PERPETUAL CARE 20 CEMETERIES CEMETERIES GRAVE PRICES (OAKWOOD) NR * ONE GRAVE 900.00 900.00 900.00 900.00 50% GOES TO PERPETUAL CARE 21 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER) ONE GRAVE 700.00 700.00 700.00 700.00 50% GOES TO PERPETUAL CARE 22 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER) TWO GRAVES 1,300.00 1,300.00 1,300.00 1,300.00 50% GOES TO PERPETUAL CARE 23 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER) NR * ONE GRAVE 750.00 750.00 750.00 750.00 50% GOES TO PERPETUAL CARE Page 1 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 24 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER) NR * TWO GRAVES 1,450.00 1,450.00 1,450.00 1,450.00 50% GOES TO PERPETUAL CARE 25 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-UPRIGHT MARKER) ONE GRAVE 750.00 750.00 750.00 750.00 50% GOES TO PERPETUAL CARE 26 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-UPRIGHT MARKER) TWO GRAVES 1,400.00 1,400.00 1,400.00 1,400.00 50% GOES TO PERPETUAL CARE 27 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-UPRIGHT MARKER) NR * ONE GRAVE 900.00 900.00 900.00 900.00 50% GOES TO PERPETUAL CARE 28 CEMETERIES CEMETERIES GRAVE PRICES (RESTLAWN-UPRIGHT MARKER) NR * TWO GRAVES 1,650.00 1,650.00 1,650.00 1,650.00 50% GOES TO PERPETUAL CARE 29 CEMETERIES CEMETERIES IN-GOUND SPACE FOR CREMAINS (RESTLAWN) EACH 300.00 300.00 300.00 300.00 30 CEMETERIES CEMETERIES IN-GOUND SPACE FOR CREMAINS (RESTLAWN) NR* EACH 350.00 350.00 350.00 350.00 31 CEMETERIES CEMETERIES GRAVE PRICES (1/2 GRAVE--ALL CEMETERIES) EACH 500.00 500.00 500.00 500.00 32 CEMETERIES CEMETERIES GRAVE PRICES (1/2 GRAVE--ALL CEMETERIES) NR * EACH 600.00 600.00 600.00 600.00 33 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) EACH 250.00 250.00 250.00 250.00 34 CEMETERIES CEMETERIES OPENING (1/2 GRAVE) NR * EACH 300.00 300.00 300.00 300.00 35 CEMETERIES CEMETERIES OPENING (CREMATION) EACH 300.00 300.00 300.00 300.00 36 CEMETERIES CEMETERIES OPENING (CREMATION) NR * EACH 350.00 350.00 350.00 350.00 37 CEMETERIES CEMETERIES SECOND CREMAINS (OPEN GRAVESITE) EACH 60.00 60.00 60.00 60.00 FOR ADDITIONAL ASHES 38 CEMETERIES CEMETERIES OPENING EACH 500.00 500.00 500.00 500.00 39 CEMETERIES CEMETERIES OPENING NR * EACH 600.00 600.00 600.00 600.00 40 CEMETERIES CEMETERIES OPENING (STILLBORN IN BABYLAND) EACH 150.00 150.00 150.00 150.00 41 CEMETERIES CEMETERIES OPENING (STILLBORN IN BABYLAND) NR * EACH 175.00 175.00 175.00 175.00 42 CEMETERIES CEMETERIES OPENING (STILLBORN NOT IN BABYLAND) EACH 250.00 250.00 250.00 250.00 43 CEMETERIES CEMETERIES OPENING (STILLBORN NOT IN BABYLAND) NR * EACH 300.00 300.00 300.00 300.00 44 CEMETERIES CEMETERIES OVERTIME (MON-FRI AFTER 2:30PM) EACH 300.00 300.00 300.00 300.00 45 CEMETERIES CEMETERIES OVERTIME (SATURDAYS & HOLIDAYS) EACH 400.00 400.00 400.00 400.00 46 CEMETERIES CEMETERIES OVERTIME (SUNDAYS) EACH 500.00 500.00 500.00 500.00 Page 2 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 47 CEMETERIES CEMETERIES NICHES COLUMBARIUUM EACH 850.00 850.00 850.00 850.00 48 CEMETERIES CEMETERIES NICHES COLUMBARIUM NR EACH 900.00 900.00 900.00 900.00 49 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) EACH 125.00 125.00 125.00 125.00 50 CEMETERIES CEMETERIES NICHES (OPEN/CLOSING) NR EACH 175.00 175.00 175.00 175.00 51 CEMETERIES CEMETERIES HEADSTONE SERVICE PER SQUARE INCH 0.55 0.55 0.55 0.55 MINIMUM $60.00 52 CEMETERIES CEMETERIES SERVICE (GOVERNMENT MARKERS) EACH 60.00 60.00 60.00 60.00 53 CEMETERIES CEMETERIES SERVICE (MAUSOLEUM VASES) EACH 75.00 75.00 75.00 75.00 54 CEMETERIES CEMETERIES SERVICE HEADSTONE PRE-PLACEMENT EACH 25.00 25.00 25.00 25.00 55 CEMETERIES CEMETERIES SERVICE (SMALL VASES) RESTLAWN EACH 50.00 50.00 50.00 50.00 56 CEMETERIES ENTOMBMENT - EVERGREEN MAUSOLEM EACH 175.00 175.00 175.00 175.00 57 CEMETERIES ENTOMBMENT NR - EVERGREEN MAUSOLEUM EACH 250.00 250.00 250.00 250.00 58 CEMETERIES TRANSFER & AFFIDAVIT FEE PER GRAVE SPACE EACH 50.00 50.00 50.00 50.00 59 CEMETERIES CHAPEL FUNERAL SERVICE EACH 75.00 75.00 75.00 75.00 60 CLERK ADDRESS LABELS - VOTER REGISTRATION EACH 0.05 0.05 0.05 0.05 61 CLERK BUSINESS REGISTRATION EACH 30.00 35.00 35.00 35.00 62 CLERK BUSINESS TRANSIENT/PEDDLER - RENEWAL MAY 1ST ANNUAL 150.00 150.00 150.00 150.00 63 CLERK BUSINESS AUCTIONEER LICENSE (INDIVIDUAL EVENT) PER DAY 10.00 10.00 10.00 10.00 64 CLERK BUSINESS AUCTIONEER LICENSE (REGULAR) PER YEAR 100.00 100.00 100.00 100.00 65 CLERK AUCTION FEE PER DAY 30.00 30.00 30.00 30.00 66 CLERK BUSINESS ENTERTAINMENT OCCUPANCY PER YEAR 125.00 125.00 125.00 125.00 67 CLERK GAMING LICENSE REQUEST/PERMIT (30 DAYS OR MORE ADVANCE NOTICE) EACH 75.00 75.00 75.00 75.00 68 CLERK GAMING LICENSE REQUEST (LESS THAN 30 DAYS ADVANCE NOTICE) EACH 100.00 100.00 100.00 100.00 Page 3 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS CHARGED TO LAW FIRMS AND OTHER FOR PROFIT ORGANIZATIONS 69 CLERK CITY HALL CONFERENCE ROOM RENTAL PER HOUR 25.00 25.00 25.00 25.00 WISHING TO USE FACILITIES FOR NON-CITY RELATED BUSINESS 70 CLERK ENCROACHMENT PERMIT APPLICATION FEE EACH 100.00 100.00 100.00 100.00 71 CLERK ENCROACHMENT PERMIT CERTIFICATE FEE EACH LOCATION 50.00 50.00 50.00 50.00 SAME AS RENEWAL FEE 72 CLERK ENCROACHMENT/RENTAL FEE (BUS BENCHES) PER BENCH/PERMONTH 5.00 5.00 5.00 5.00 73 CLERK ENCROACHMENT 1-YEAR RENEWAL EACH 25.00 25.00 25.00 25.00 74 CLERK ENCROACHMENT 1-YEAR RENEWAL (INSPECTION REQ'D) EACH 50.00 50.00 50.00 50.00 75 CLERK ENCROACHMENT PERMIT TO WORK IN R-O-W PER UNIT 10.00 10.00 10.00 10.00 OR ACTUAL COSTS (WHICHEVER IS GREATER) FIREWORKS DISPLAY PERMIT PROCESSING FEE (30 OR MORE DAYS ADVANCE 76 CLERK EACH 75.00 75.00 75.00 75.00 NOTICE) FIREWORKS DISPLAY PERMIT PROCESSING FEE (LESS THAN 30 DAYS ADVANCE 77 CLERK EACH 150.00 150.00 150.00 150.00 NOTICE) 78 CLERK LIQUOR LICENSE RENEWAL (BEFORE FEBRUARY 28) EACH 100.00 100.00 100.00 100.00 79 CLERK LIQUOR LICENSE RENEWAL (AFTER FEBRUARY 28) EACH 150.00 150.00 150.00 150.00 80 CLERK LIQUOR LICENSE TRANSFER OF OWNERSHIP OR LOCATION EACH 250.00 250.00 250.00 250.00 DEVELOPMENT DISTRICT AREA CLASS-C ON-PREMISES LIQUOR LICENSE 81 CLERK EACH 2,500.00 2,500.00 2,500.00 2,500.00 SAME REVIEW PROCESS AS FOR RENEWAL (FORMERLY DOWNTOWN DEV AUTH LICENSE) 82 CLERK NEW LIQUOR LICENSE EACH 1,000.00 1,000.00 1,000.00 1,000.00 REPLACES FEES ABOVE 83 CLERK GOING OUT OF BUSINESS SALE EACH 50.00 50.00 50.00 50.00 UP TO ONE MONTH - RENEWABLE 84 CLERK LIQUOR LICENSE (EXPANSION OF EXISTING LICENSE) EACH 25.00 25.00 25.00 25.00 85 CLERK MOBILE FOOD VENDING PERMIT ANNUAL 300.00 300.00 300.00 300.00 APPROVED BY COMMISSION IN 2014 86 CLERK MOBILE FOOD VENDING PERMIT (BRICK & MORTAR RESTAURANT IN CITY) ANNUAL 150.00 150.00 150.00 150.00 APPROVED BY COMMISSION IN 2014 87 CLERK MOBILE FOOD VENDING PERMIT (BRICK & MORTAR RESTAURANT IN DDA DISTRICT) ANNUAL 50.00 50.00 50.00 50.00 APPROVED BY COMMISSION IN 2014 88 CLERK PASSPORT APPLICATION FEE EACH 25.00 25.00 25.00 25.00 PER FEDERAL LAW 89 CLERK PASSPORT PHOTO FEE EACH 10.00 10.00 10.00 15.00 90 CLERK MONEY ORDERS EACH 5.00 NEW SERVICE & FEE Page 4 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 91 CLERK PRECINCT MAPS (SMALL) EACH 2.00 2.00 2.00 2.00 92 CLERK PUBLIC NOTARY FEE EACH 5.00 5.00 5.00 5.00 CONSISTENT WITH COUNTY FEE 93 CLERK SPECIAL EVENT PARKING FEE (UNDER 50 PARKING SPOTS) PER EVENT 25.00 25.00 25.00 25.00 APPROVED BY COMMISSION IN 2014 94 CLERK SPECIAL EVENT PARKING FEE (OVER 50 PARKING SPOTS) PER EVENT 50.00 50.00 50.00 50.00 APPROVED BY COMMISSION IN 2014 95 CLERK TELECOMMUNICATIONS ACT NEW PROVIDER FEE EACH 500.00 500.00 500.00 500.00 PER NEW STATE TELECOMMUNICATIONS ACT 96 CLERK VOTER INFORMATION - ON DISK EACH 25.00 25.00 25.00 25.00 97 CLERK VOTER REGISTRATION - HARDCOPY LIST PER LISTING 0.01 0.01 0.01 0.01 98 CLERK VOTER REGISTRATION - MAILING LABELS PER LABEL 0.05 0.05 0.05 0.05 99 CNS MORTGAGE REFINANCE FEE EACH 50.00 50.00 50.00 50.00 100 CNS REHAB LOAN APPLICATION FEE EACH 200.00 200.00 200.00 200.00 101 CNS RENTAL REHAB APPLICATION FEE PER LOAN 100.00 100.00 100.00 100.00 102 DPW ADDITIONAL GARBAGE SERVICE (1 TOTER) PER MONTH 13.00 13.00 13.00 13.00 103 DPW APPLIANCE STICKER EACH 25.00 25.00 25.00 25.00 104 DPW GARBAGE CART REPLACEMENT - DAMAGED BY USER EACH 55.00 55.00 55.00 55.00 105 DPW GARBAGE SERVICE - SMALL BUSINESS PER MONTH 16.00 16.00 16.00 16.00 INCLUDES CHURCHES AND NON-PROFITS 106 DPW GARBAGE SERVICE - UNAUTORIZED USE OF CARTS PER INCIDENT 30.00 30.00 30.00 50.00 107 DPW GARBAGE SERVICE - REPLACE LOST/STOLEN CART EACH 55.00 55.00 55.00 55.00 108 DPW GARBAGE SERVICE - NEW SERVICE STARTUP EACH 55.00 55.00 55.00 55.00 109 DPW GARBAGE SERVICE - MIXED REFUSE STICKER EACH 2.00 2.00 2.00 2.00 BUY 6 FOR $10.00 - UNIT PRICE $1.67 110 DPW FEE FOR SPECIAL COLLECTION OF ILLIEGAL MATERIALS EACH 50.00 50.00 50.00 50.00 OR ACTUAL COSTS (WHICHEVER IS GREATER) FEE FOR BULK YARD WASTE DROP OFF (DURING REGULAR HOURS) - BY 111 DPW EACH 25.00 25.00 25.00 25.00 APPOINTMENT ONLY 112 DPW REPLACE EMPLOYEE ID/ACCESS TKC CARD PER LOST CARD 0.00 0.00 10.00 10.00 REACTIVATED FEE 113 DPW STORM SEWER CONNECTION FEE EACH 800.00 800.00 800.00 800.00 STUB FEE Page 5 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 114 DPW TREE REPLACEMENT PLANTING FEE EACH 200.00 200.00 200.00 200.00 115 DPW TREE REMOVAL FEE (12" AND UNDER DIAMETER) EACH 200.00 200.00 200.00 200.00 TREE MEASURED AT 4' ABOVE GRADE 116 DPW TREE REMOVAL FEE (12" - 18" DIAMETER) EACH 500.00 500.00 500.00 500.00 TREE MEASURED AT 4' ABOVE GRADE 117 DPW TREE REMOVAL FEE (18" - 24" DIAMETER) EACH 650.00 650.00 650.00 650.00 TREE MEASURED AT 4' ABOVE GRADE 118 DPW TREE REMOVAL FEE (24" - 30" DIAMETER) EACH 750.00 750.00 750.00 750.00 TREE MEASURED AT 4' ABOVE GRADE 119 DPW TREE REMOVAL FEE (30" - 36" DIAMETER) EACH 1,000.00 1,000.00 1,000.00 1,000.00 TREE MEASURED AT 4' ABOVE GRADE 120 DPW TREE REMOVAL FEE (36" - 42" DIAMETER) EACH 1,700.00 1,700.00 1,700.00 1,700.00 TREE MEASURED AT 4' ABOVE GRADE 121 DPW TREE REMOVAL FEE (42" AND OVER DIAMETER) EACH 1,900.00 1,900.00 1,900.00 1,900.00 TREE MEASURED AT 4' ABOVE GRADE 122 DPW HANG AND/OR REMOVE BANNER EACH REQUEST 450.00 450.00 450.00 450.00 EACH ADDITIONAL BANNER: $50.00 123 DPW USE OF BIKE PATH FOR ORGANIZED EVENTS EACH EVENT 200.00 200.00 200.00 200.00 PER EVENT 124 DPW WIDE LOAD PERMIT EACH 200.00 200.00 200.00 200.00 125 DPW (PARKS) EXCLUSIVE USE OF HACKLEY PK FOR SPECIAL EVENTS PER DAY 125.00 125.00 125.00 125.00 126 DPW (PARKS) EXCLUSIVE USE OF PERE MARQUETTE LARGE OVAL FOR SPECIAL EVENTS PER DAY 125.00 125.00 125.00 125.00 127 DPW (PARKS) USE FEE IN ADDITION TO SPECIAL EVENT APPLICLATION FEE PER DAY 125.00 125.00 125.00 125.00 CLEANING DEPOSIT FOR EXCLUSIVE USE OF HACKLEY, PERE MARQUETTE OR 128 DPW (PARKS) EACH 50.00 50.00 50.00 50.00 MARGARET DRAKE ELLIOTT PARKS - SPECIAL EVENT REMOVED SPECIFIC TIMES AND AND PARK'S NAME, CHANGED TO 129 DPW (PARKS) PARK BUILDING USE (RESV. BEFORE 4/15) PER SESSION 100.00 100.00 100.00 100.00 PER SESSION OBSOLETE AS OF 1/1/2016 AS RENTAL IS NOW PER "SESSION" AND 130 DPW (PARKS) MC GRAFT PARK BUILDING USE (RESV. BEFORE 4/15) 5:00PM - 10:00PM 100.00 100.00 N/A N/A FOR ANY PARK BLDG 131 DPW (PARKS) PARK BUILDING USE (RESV. MADE BETWEEN 4/15 - 9/30) PER SESSION 125.00 125.00 125.00 125.00 removed McGraft and made applicable to all buildings 132 DPW (PARKS) MC GRAFT PARK BUILDING USE PER ADDITIONAL HOUR 25.00 25.00 25.00 25.00 133 DPW (PARKS) PARK BUILDING USE (CLEANING/SECURITY DEPOSIT) EACH 50.00 50.00 50.00 50.00 removed McGraft and made applicable to all buildings 134 DPW (PARKS) MC GRAFT PARK MUSIC BOWL HOUR 45.00 45.00 45.00 45.00 135 DPW (PARKS) PARKS (LIGHT COSTS SPORT FIELDS & COURTS) EACH 40.00 40.00 40.00 40.00 DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 136 DPW (PARKS) PARKS (WOOD SNOW FENCE RENTAL) EACH 30.00 30.00 30.00 30.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED Page 6 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 137 DPW (PARKS) PARKS (USE OF GARBAGE CANS) EACH 5.00 5.00 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED 138 DPW (PARKS) SPORTS FIELD & COURT RENTAL (EXLUDES SETUP SERVICES) 2 HOUR RENTAL 25.00 25.00 25.00 25.00 139 DPW (PARKS) CHANNEL SHELTER RENTAL (RESV. BEFORE 4/15) EACH 50.00 50.00 50.00 50.00 CHANGED THE RESERVATION TIME 140 DPW (PARKS) CHANNEL SHELTER RENTAL (RESV. BETWEEN 4/15 - 9/30) EACH 0.00 0.00 75.00 75.00 141 DPW (PARKS) PICNIC SHELTER RENTAL (MADE BEFORE 4/15 OR AFTER 9/30) EACH SESSION 100.00 100.00 100.00 100.00 142 DPW (PARKS) PICNIC SHELTER RENTAL (MADE BETWEEN 4/15 AND 9/30) EACH SESSION 125.00 125.00 125.00 125.00 143 DPW (PARKS) PICNIC SHELTER RENTAL RESERVATION CHANGE EACH 15.00 15.00 15.00 15.00 145 DPW (PARKS) CLEANING FEE FOR RENTALS EACH 75.00 75.00 75.00 75.00 NOT CHARGED IF FACILITY LEFT CLEAN 146 DPW (PARKS) PICNIC SHELTER RENTAL (KRUSE #4 - 200 PERSON SHELTER) RESIDENT 125.00 125.00 125.00 125.00 147 DPW (PARKS) GROUPED TABLES (4) AT DRAKE-ELLIOTT (48 PEOPLE) EACH 50.00 50.00 50.00 50.00 148 DPW (PARKS) WEDDING RESERVATIONS IN/ON CITY PARKS/BEACHES EACH 150.00 150.00 150.00 150.00 149 DPW (PARKS) KEY DEPOSIT (RESTROOM) EACH 25.00 25.00 25.00 25.00 DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 150 DPW (PARKS) CITY SERVICES (55-GAL METAL TRASH CANS) EACH 5.00 5.00 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 151 DPW (PARKS) CITY SERVICES RENTAL OF POSTS EACH POST 3.00 3.00 3.00 3.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 152 DPW (PARKS) CITY SERVICES (PICNIC TABLES) EACH 10.00 10.00 10.00 10.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED 153 DPW (PARKS) CITY SERVICES (LABOR PARKS OR DPW STAFF) PER HOUR 60.00 60.00 60.00 60.00 154 DPW (PARKS) RENTAL OF PORTABLE STAGE EACH 100.00 NEW FEE 155 DPW (PARKS) RENTAL OF BLEACHERS EACH 100.00 NEW FEE 156 ENGINEERING CHARGE FOR BLUEPRINTS (PLANS & UTILITY MAPS) EACH 8.00 8.00 8.00 8.00 157 ENGINEERING CHARGE FOR BID DOCUMENTS (STANDARD) EACH 40.00 40.00 40.00 40.00 158 ENGINEERING CHARGE FOR BID DOCUMENTS (NON-STANDARD) EACH ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS 159 ENGINEERING STORM WATER MANAGEMENT BILLING FEE PER BILL 5.00 5.00 5.00 5.00 Page 7 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 160 ENGINEERING STORM WATER MANAGEMENT HOOKUP FEE FOR SYSTEM AVAILABILITY EACH 175.00 175.00 175.00 175.00 5,000 GALLON PER DAY MAXIMUM 161 ENGINEERING STORM WATER MANAGEMENT PERMIT APPLICATION FEE EACH 500.00 500.00 500.00 500.00 162 ENGINEERING STORM WATER MANAGEMENT SYSTEM USE FEE PER 1,000 GALLONS 0.20 0.20 0.20 0.20 163 ENGINEERING PROPERTY OWNER WORKING IN R-O-W FEE EACH UNIT 20.00 20.00 20.00 20.00 SIDEWALK/DRIVE APPROACHES, LANDSCAPING 164 ENGINEERING UTILITY ANNUAL PERMIT FEE EACH 1,750.00 1,750.00 1,750.00 1,750.00 165 ENGINEERING UTILITY CUT PERMIT APPLICATION FEE/CONTRACT UNIT 50.00 50.00 50.00 50.00 166 ENGINEERING UTILITY CUT PERMIT FEE UNIT 20.00 20.00 20.00 20.00 167 ENGINEERING UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT <4 YEARSOLD) SQUARE YARD 100.00 100.00 100.00 100.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 168 ENGINEERING UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT 4-9 YEARSOLD) SQUARE YARD 75.00 75.00 75.00 75.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 169 ENGINEERING UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT >10 YEARSOLD) SQUARE YARD 50.00 50.00 50.00 50.00 FEES ADJUSTED TO REFLECT RESIDUAL VALUE 170 ENGINEERING UTILITY CUT (PROJECT DURATION) WEEK 27.50 27.50 27.50 27.50 SAFEBUILT - CODE 173 TERRACE VIOLATIONS ADMINISTRATION FEE FIRST VIOLATION 50.00 50.00 50.00 50.00 PLUS HOURLY COST FOR WORK PERFORMED. ENFORCEMENT PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH SAFEBUILT - CODE 174 TERRACE VIOLATIONS ADMINISTRATION FEE (EACH SUBSEQUENT IN YEAR) EACH SUBSEQUENT 10.00 10.00 10.00 10.00 SUBSEQUENT VIOLATIONS INCREMENT $50 (E.G. 2ND VIOLATION = ENFORCEMENT $60; 3RD = $70, ETC SAFEBUILT - CODE 175 GRASS, TRASH AND LEAF VIOLATIONS FIRST VIOLATION 90.00 90.00 90.00 90.00 PLUS HOURLY COST FOR WORK PERFORMED. ENFORCEMENT PLUS HOURLY COST FOR WORK PERFORMED. FEE FOR EACH SAFEBUILT - CODE 176 GRASS, TRASH AND LEAF VIOLATIONS (EACH SUBSEQUENT IN YEAR) EACH SUBSEQUENT 15.00 15.00 15.00 15.00 SUBSEQUENT VIOLATIONS INCREMENT $90 (E.G. 2ND VIOLATION = ENFORCEMENT $105; 3RD = $120, ETC SAFEBUILT - CODE 177 LATE FEE ON INVOICES OVER 30 DAYS EACH INVOICE 5.00 5.00 5.00 10.00 ENFORCEMENT CITY-CODE 178 VACANT BUILDING REGISTRATION VACANT BUILDING 0.00 0.00 0.00 0.00 VACANT LESS THAN ONE YEAR COMPLIANCE CITY-CODE VACANT 1 YEAR BUT LESS THAN 2 YEARS. IF THIS MEETS 179 VACANT BUILDING REGISTRATION VACANT BUILDING 500.00 500.00 500.00 1,000.00 COMPLIANCE STANDARD, THEN REDUCED TO $500. CITY-CODE VACANT 2 YEARS BUT LESS THAN 3 YEARS. IF THIS MEETS 180 VACANT BUILDING REGISTRATION VACANT BUILDING 1,000.00 1,000.00 1,000.00 2,000.00 COMPLIANCE STANDARD, THEN REDUCED TO $1,000. CITY-CODE VACANT 3 YEARS BUT LESS THAN 5 YEARS. IF THIS MEETS 181 VACANT BUILDING REGISTRATION VACANT BUILDING 2,000.00 2,000.00 2,000.00 4,000.00 COMPLIANCE STANDARD, THEN REDUCED TO $2,000. CITY-CODE VACANT 5 YEARS BUT LESS THAN 10 YEARS. IF THIS MEETS 182 VACANT BUILDING REGISTRATION VACANT BUILDING 3,500.00 3,500.00 3,500.00 7,000.00 COMPLIANCE STANDARD, THEN REDUCED TO $3,500. CITY-CODE 183 VACANT BUILDING REGISTRATION VACANT BUILDING 5,000.00 5,000.00 5,000.00 7,000.00 VACANT 10 YEARS COMPLIANCE CITY-CODE 184 VACANT BUILDING REGISTRATION VACANT BUILDING 1,000.00 1,000.00 1,000.00 1,000.00 EACH YEAR VACANT BEYOND 10 YEARS COMPLIANCE Page 8 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS CITY-CODE 185 VACANT BUILDING ADMINISTRATIVE APPEAL FEE (31-60 DAYS LATE) OCCURRENCE 25.00 25.00 25.00 25.00 NON-REFUNDABLE FEE COMPLIANCE CITY-CODE 186 VACANT BUILDING ADMINISTRATIVE APPEAL FEE (61-90 DAYS LATE) OCCURRENCE 35.00 35.00 35.00 35.00 NON-REFUNDABLE FEE COMPLIANCE CITY-CODE 187 VACANT BUILDING REGISTRATION - FORMAL APPEAL FEE OCCURRENCE 50.00 50.00 50.00 50.00 NON-REFUNDABLE FEE COMPLIANCE INCLUDES ONE INSPECTION AND ONE RE-INSPECTION EVERY 4 188 SAFEBUILT - RENTAL RENTAL PROPERTY REGISTRATION PER PARCEL (ANNUAL) SINGLE UNIT 25.00 35.00 35.00 70.00 YEARS FOR COMPLIANCE INCLUDES ONE INSPECTION AND ONE RE-INSPECTION EVERY 4 189 SAFEBUILT - RENTAL RENTAL PROPERTY REGISTRATION PER PARCEL (ANNUAL) DUPLEX 30.00 40.00 40.00 80.00 YEARS FOR COMPLIANCE INCLUDES ONE INSPECTION AND ONE RE-INSPECTION EVERY 4 190 SAFEBUILT - RENTAL RENTAL PROPERTY REGISTRATION (ANNUAL - BASE) 3 UNITS 40.00 50.00 50.00 100.00 YEARS FOR COMPLIANCE INCLUDES ONE INSPECTION AND ONE RE-INSPECTION EVERY 4 191 SAFEBUILT - RENTAL RENTAL PROPERTY REGISTRATION (ANNUAL - PER PARCEL OVER 3) PER UNIT OVER 3 5.00 5.00 5.00 10.00 YEARS FOR COMPLIANCE RENTAL PROPERTY INSPECTION (INSPECTION NO-SHOW FIRST TIME OR LATE 192 SAFEBUILT - RENTAL PER UNIT 60.00 60.00 60.00 65.00 CANCELLATION) FEE ASSESSED WHEN A 3RD CANCELLATION IS RECEIVED BY 193 SAFEBUILT - RENTAL RENTAL PROPERTY INSPECTION CANCELLATION FEE OCCURRENCE 50.00 50.00 50.00 65.00 CUSTOMER OR AGENT RENTAL PROPERTY INSPECTION CANCELLATION FEE (STARTING WITH 4TH ADDED TOBASE CANCELLATION FEE; EACH CANCELLATION 194 SAFEBUILT - RENTAL OCCURRENCE 10.00 10.00 10.00 15.00 CANCELLATION) INSTANCE WILL CAUSE FEE TO INCREASE BY AN ADDITIONAL $10.00 RENTAL PROPERTY INSPECTION (INSPECTION NO-SHOW EACH ADDT'L TIME OR ADDED TO BASE NO SHOW FEE; EACH NO SHOW INSTANCE WILL 195 SAFEBUILT - RENTAL PER UNIT 15.00 15.00 15.00 20.00 LATE CANCELLATION) CAUSE INSPECTION FEE TO INCREASE BY AN ADDITIONAL $15..00 FEE TO BE ASSESSED TO PROPERTIES NOT BROUGHT INTO 196 SAFEBUILT - RENTAL RENTAL PROPERTY INSPECTION NON-COMPLIANCE FEE (2ND REINSPECTION) PER UNIT 35.00 35.00 35.00 40.00 COMPLIANCE AFTER THE FIRST REINSPECTION ADDED TO BASE NON-COMPLIANCE FEE; EACH REINSPECTION RENTAL PROPERTY INSPECTION NON-COMPLIANCE FEE (STARTING WITH 3RD 197 SAFEBUILT - RENTAL PER UNIT 10.00 10.00 10.00 15.00 INSTANCE WILL CAUSE NON-COMPLIANCE FEE TO INCREASE BY AN COMPLIANCE REINSPECTION) ADDITIONAL $10.00 FEE ASSESSED TO PROPERTIES IN COMPLIANCE INTERIOR RENTAL PROPERTY EXTERIOR ONLY REINSPECTION FEE (1ST EXTERIOR ONLY 198 SAFEBUILT - RENTAL PER UNIT 30.00 30.00 30.00 35.00 REQUIREMENTS BUT NOT IN COMPLIANCE WITH EXTERIOR REINSPECTION) REQUIREMENTS BY FIRST REINSPECTION ADDED TO BASE EXTERIOR NON-COMPLIANCE FEE; EACH RENTAL PROPERTY EXTERIOR ONLY REINSPECTION FEE (STARTING WITH 2ND 199 SAFEBUILT - RENTAL PER UNIT 10.00 10.00 10.00 15.00 REINSPECTION INSTANCE WILL CAUSE EXTERIOR NON-COMPLIANCE EXTERIOR ONLY REINSPECTION) FEE TO INCREASE BY AN ADDITIONAL $10.00 EFF 2017, FEE CHARGED AFTER 30 DAYS AND EVERY 30 DAYS UNTIL 200 SAFEBUILT - RENTAL LATE FEE FOR NON-PAYMENT OF RENTAL REGISTRATION ANNUAL FEE EACH PROPERTY VIOLATION 75.00 75.00 75.00 10.00 PAID. WAS 90 DAYS. 201 SAFEBUILT - RENTAL HOUSING-WARRANT INSPECTION FEE EACH 150.00 150.00 150.00 150.00 202 ENV SERVICES BOARD UP'S - FIRST 5 BOARDS PER INSTANCE 40.00 40.00 40.00 40.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP 203 ENV SERVICES BOARD UP'S - 6 OR MORE BOARDS PER INSTANCE 0.00 0.00 60.00 60.00 PLUS THE COST OF THE CONTRACTOR TO DO THE BOARD UP 204 ENV SERVICES ADMINISTRATIVE OVERHEAD ON DEMOLITIONS PER UNIT 10.0% 10.0% 15.0% 15.0% BASED ON THE CONTRACTORS PRICE TO DEMOLISH Page 9 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 205 FARMERS' MARKET DAILY - SATURDAY DAILY 25.00 25.00 25.00 30.00 SATURDAY ONLY 206 FARMERS' MARKET DAILY - WEEKDAY DAILY 25.00 25.00 15.00 15.00 WEEKDAYS WITH NO TIERS 207 FARMERS' MARKET TIER 1 - CORNER 0-2 MONTHS 313.00 313.00 338.00 338.00 208 FARMERS' MARKET TIER 1 - REGULAR 0-2 MONTHS 288.00 288.00 311.00 311.00 209 FARMERS' MARKET TIER 2 - REGULAR 0-2 MONTHS 163.00 163.00 176.00 176.00 210 FARMERS' MARKET TIER 1 - CORNER 5 MONTHS 376.50 376.50 406.00 406.00 211 FARMERS' MARKET TIER 1 - REGULAR 5 MONTHS 347.50 347.50 375.00 375.00 212 FARMERS' MARKET TIER 2 - REGULAR 5 MONTHS 204.50 204.50 220.00 220.00 213 FARMERS' MARKET TIER 1 - CORNER 7 MONTHS 404.00 404.00 436.00 436.00 214 FARMERS' MARKET TIER 1 - REGULAR 7 MONTHS 374.00 374.00 403.00 403.00 215 FARMERS' MARKET TIER 2 - REGULAR 7 MONTHS 224.00 224.00 242.00 242.00 216 FARMERS' MARKET WINTER MARKET-GARAGE DOOR DAILY 20.00 20.00 25.00 25.00 217 FARMERS' MARKET WINTER MARKET- SMALL TABLE DAILY 0.00 0.00 10.00 10.00 218 FARMERS' MARKET WINTER MARKET 5 MONTHS 400.00 400.00 400.00 400.00 FEE FOR EXTENDED HOURS AT NEW MARKET 219 FARMERS' MARKET FARMERS' MARKET FACILITIES RENTAL - FACILITY A PER SESSION 250.00 250.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 220 FARMERS' MARKET FARMERS' MARKET FACILITIES RENTAL - FACILITY B PER SESSION 250.00 250.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 221 FARMERS' MARKET FARMERS' MARKET FACILITIES RENTAL - FACILITY C PER SESSION 250.00 250.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 222 FARMERS' MARKET FARMERS' MARKET FACILITIES RENTAL - FACILITY D PER SESSION 100.00 100.00 9:00 AM TO 3:00 PM OR 4:00 PM TO 10:00 PM 9:00 AM TO 1:00 PM OR 1:30 PM TO 5:30 PM OR 6:00 PM TO 223 FARMERS' MARKET FARMERS' MARKET FACILITIES RENTAL - MARKET STAGE PER SESSION 50.00 50.00 10:00 PM 224 FARMERS' MARKET SNAP/DOUBLE-UP FOOD BUCKS ADMIN FEE 2% OF TRANSACTION 2.0% 2.0% 2.0% 2.0% FEE FOR COST OF TRANSACTION ADMINISTRATION FARMERS' MARKET 225 KITCHEN USE - PREP/TABLETOP PER HOUR 12.00 12.00 KITCHEN FARMERS' MARKET 226 KITCHEN USE - BAKING PER HOUR 15.00 15.00 KITCHEN FARMERS' MARKET 227 KITCHEN USE - PROCESSING PER HOUR 15.00 15.00 KITCHEN Page 10 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS FARMERS' MARKET 228 KITCHEN USE - CATERING PER HOUR 15.00 15.00 KITCHEN FARMERS' MARKET 229 KITCHEN DRY STORAGE - MONTHLY PER CUBIC FOOT 1.50 1.50 KITCHEN FARMERS' MARKET DEPOSIT REFUNDED IF NO DAMAGE, KITCHEN IS CLEANED, 230 KITCHEN USE - SECURITY DEPOSIT PER RENTAL 50.00 50.00 KITCHEN EQUIPMENT RETURNED, ETC. 231 FINANCE REPLACEMENT OF LOST PAYROLL CHECK EACH OCCURRENCE 25.00 25.00 25.00 25.00 232 FINANCE COPIES OF CITY BUDGET OR CAFR EACH 25.00 25.00 25.00 25.00 233 FIRE FIRE REPORT COPY (MAJOR FIRE) EACH 15.00 15.00 15.00 15.00 234 FIRE FIRE REPORT COPY (REGULAR) EACH 5.00 5.00 5.00 5.00 235 FIRE PHOTOGRAPH REPRODUCTION (ENLARGED) EACH 15.00 15.00 15.00 15.00 236 FIRE PHOTOGRAPH REPRODUCTION (STD SIZE) EACH 10.00 10.00 10.00 10.00 237 FIRE PHOTOGRAPH REPRODUCTION (CD-ROM) EACH 5.00 5.00 5.00 5.00 238 FIRE INSURANCE ADMINISTRATION ESCROW EACH INCIDENT 15.00 15.00 15.00 15.00 PLUS RELATED COURT COSTS 239 FIRE FIRE INSPECTION ADDITIONAL VISIT EACH INCIDENT 75.00 75.00 75.00 75.00 RE-INSPECTION/REPAIR/COMPLAINT 240 FIRE ARSON FIRE RESTITUTION FEE PER HR ON CALL 720.00 720.00 720.00 720.00 PLUS RELATED COURT COSTS 241 FIRE FALSE ALARM FEE PER HR ON CALL 720.00 720.00 720.00 720.00 AFTER 3RD FALSE ALARM IN ONE YEAR 242 FIRE WILLFUL NEGLIGENCE FIRE FEE PER HR ON CALL 720.00 720.00 720.00 720.00 243 FIRE CONFINED SPACE RESCUE FEE PER HR ON CALL 720.00 720.00 720.00 720.00 244 FIRE ICE RESCUE CALL PER HR ON CALL 110.00 110.00 110.00 110.00 245 FIRE DOWNED POWER LINE PER HR 185.00 185.00 185.00 185.00 AFTER FIRST HOUR 246 FIRE SPECIAL USE PERMITS (PER UFC) EACH PER YEAR 100.00 100.00 100.00 100.00 247 FIRE STRUCTURE FIRE RESPONSE EACH 500.00 500.00 500.00 500.00 CHARGED TO HOMEOWNER'S INSURANCE COMPANY 248 FIRE PI ACCIDENT RESPONSE EACH 500.00 500.00 500.00 500.00 CHARGED TO AT FAULT DRIVER'S AUTO INSURANCE COMPANY 249 FLEA MARKET DEALERS SPACE - CORNER COVERED SPACE DAILY 9.00 9.00 9.00 10.00 250 FLEA MARKET DEALERS SPACE - 10 x 15 COVERED SPACE DAILY 8.00 8.00 8.00 9.00 Page 11 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 251 FLEA MARKET DEALERS SPACE - 10 x 30 ASHPHALT SPACE DAILY 7.00 7.00 7.00 8.00 252 INCOME TAX DELINQUENT PAYMENT AGREEMENT ADMINISTRATION FEE EACH 15.00 15.00 15.00 15.00 PLUS RELATED PENALTIES & INTEREST 253 SAFEBUILT - BUILDING BUILDING CONTRACTOR REGISTRATION FEE EACH 15.00 15.00 15.00 15.00 25% of Value; Min 25% of Value; Min 25% of Value; Min 25% of Value; Min 254 SAFEBUILT - BUILDING BUILDING DEMOLITION PERMIT (COMMERCIAL) EACH $60.00 $60.00 $60.00 $120.00 255 SAFEBUILT - BUILDING BUILDING DEMOLITION PERMIT (GARAGE) EACH 35.00 35.00 35.00 60.00 256 SAFEBUILT - BUILDING BUILDING DEMOLITION PERMIT (RESIDENTIAL) EACH 60.00 60.00 60.00 120.00 257 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($1-$1,000 VALUE) EACH 50.00 50.00 50.00 55.00 258 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($1,001-$2,000 VALUE) BASE 50.00 50.00 50.00 55.00 259 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($1,000-$2,000 VALUE) EACH ADDITIONAL $100 3.05 3.05 3.05 3.50 260 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($2,001-$25,000 VALUE) BASE 80.75 80.75 80.75 92.75 261 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($2,001-$25,000 VALUE) EACH ADDITIONAL $1,000 14.00 14.00 14.00 15.38 262 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($25,001-$50,000 VALUE) BASE 403.25 403.25 403.25 463.00 263 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($25,001-$50,000 VALUE) EACH ADDITIONAL $1,000 10.10 10.10 10.10 11.50 264 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($50,001-$100,000 VALUE) BASE 655.25 655.25 655.25 753.00 265 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($50,001-$100,000 VALUE) EACH ADDITIONAL $1,000 7.00 7.00 7.00 8.00 266 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($100,001-$500,000 VALUE) BASE 1,005.25 1,005.25 1,005.25 1,150.00 267 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($100,001-$500,000 VALUE) EACH ADDITIONAL $1,000 5.60 5.60 5.60 6.40 268 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($500,001-$1,000,000 VALUE) BASE 3,245.25 3,245.25 3,245.25 3,731.00 269 SAFEBUILT - BUILDING BUILDING PERMIT FEES ($500,001-$1,000,000 VALUE) EACH ADDITIONAL $1,000 4.75 4.75 4.75 5.45 270 SAFEBUILT - BUILDING BUILDING PERMIT FEES (OVER $1,000,000 VALUE) BASE 5,608.75 5,608.75 5,608.75 6,449.00 271 SAFEBUILT - BUILDING BUILDING PERMIT FEES (OVER $1,000,000 VALUE) EACH ADDITIONAL $1,000 3.65 3.65 3.65 4.15 272 SAFEBUILT - BUILDING BUILDING PERMIT (INSPECTION-SPECIAL. REINSPECTION, ETC.) PER HOUR 60.00 60.00 60.00 65.00 REMOVED MINIMUM 2 HOURS 273 SAFEBUILT - BUILDING BUILDING PERMIT (PRE-MANUFACTURED RESIDENTIAL STRUCTURE) EACH 50.00% 50.00% 50.00% 50.00% OF REGULAR BUILDING PERMIT FEE Page 12 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 274 SAFEBUILT - BUILDING BUILDING PLAN REVIEW FEE (INCL FIRE REVIEW) PERMIT FEE 65.00% 65.00% 65.00% 65.00% OF APPLICABLE PERMIT FEE 275 SAFEBUILT - BUILDING CONSTRUCTION BOARD OF APPEALS APPLICATION FEE EACH 100.00 100.00 100.00 500.00 276 SAFEBUILT - BUILDING ELECTRICAL PERMIT (BASE PERMIT) BASE 45.00 45.00 45.00 65.00 277 SAFEBUILT - BUILDING ELECTRICAL PERMIT (BASEBOARD HEAT UNITS) EACH 9.00 9.00 9.00 9.00 278 SAFEBUILT - BUILDING ELECTRICAL PERMIT (CIRCUITS) EACH 6.00 6.00 6.00 6.00 279 SAFEBUILT - BUILDING ELECTRICAL PERMIT (DISHWASHER) EACH 9.00 9.00 9.00 9.00 280 SAFEBUILT - BUILDING ELECTRICAL PERMIT (ENERGY RETROFIT/TEMP CONTROL) EACH 45.00 45.00 45.00 45.00 281 SAFEBUILT - BUILDING ELECTRICAL PERMIT (FEEDERS, BUS DUCTS, ETC.) EACH 50' 9.00 9.00 9.00 9.00 282 SAFEBUILT - BUILDING ELECTRICAL PERMIT (FIRE ALARM 1-10 DEVICES) EACH 75.00 75.00 75.00 75.00 283 SAFEBUILT - BUILDING ELECTRICAL PERMIT (FIRE ALARM 11-20 DEVICES) EACH 150.00 150.00 150.00 150.00 284 SAFEBUILT - BUILDING ELECTRICAL PERMIT (FIRE ALARM EA. STATION OVER 20 DEV) EACH DEVICE 8.00 8.00 8.00 8.00 285 SAFEBUILT - BUILDING ELECTRICAL PERMIT (FURNACE-UNIT HEATER) EACH 9.00 9.00 9.00 9.00 286 SAFEBUILT - BUILDING ELECTRICAL PERMIT (INSPECTION-ADDITIONAL) PER HOUR 45.00 45.00 45.00 45.00 MINIMUM 1 HOUR 287 SAFEBUILT - BUILDING ELECTRICAL PERMIT (INSPECTION-FINAL) EACH 45.00 45.00 45.00 45.00 288 SAFEBUILT - BUILDING ELECTRICAL PERMIT (INSPECTION-HOURLY FEE) HOUR 60.00 60.00 60.00 60.00 MINIMUM 1 HOUR 289 SAFEBUILT - BUILDING ELECTRICAL PERMIT (INSPECTION-SPECIAL/SAFETY) HOUR 50.00 50.00 50.00 50.00 MINIMUM 1 HOUR 290 SAFEBUILT - BUILDING ELECTRICAL PERMIT (KVA OR HP UP TO 20) EACH 9.00 9.00 9.00 9.00 291 SAFEBUILT - BUILDING ELECTRICAL PERMIT (KVA & HP 21 TO 50) EACH 15.00 15.00 15.00 15.00 292 SAFEBUILT - BUILDING ELECTRICAL PERMIT (KVA & HP 50 AND OVER) EACH 18.00 18.00 18.00 18.00 293 SAFEBUILT - BUILDING ELECTRICAL PERMIT (LIGHTING FIXTURES-PER 25) EACH 10.00 10.00 10.00 10.00 294 SAFEBUILT - BUILDING ELECTRICAL PERMIT (METER INSPECTION/POWER TURN-ON) EACH 45.00 45.00 45.00 45.00 295 SAFEBUILT - BUILDING ELECTRICAL PERMIT (MOBILE HOME SITE) EACH 9.00 9.00 9.00 9.00 296 SAFEBUILT - BUILDING ELECTRICAL PERMIT (POWER OUTLETS-INC RANGES, DRYERS) EACH 10.00 10.00 10.00 10.00 Page 13 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 297 SAFEBUILT - BUILDING ELECTRICAL PERMIT (RECREATIONAL VEHICLE SITE) EACH 8.00 8.00 8.00 8.00 298 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SERVICES 0 TO 200 AMP) EACH 15.00 15.00 15.00 15.00 299 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SERVICES 201 TO 600 AMP) EACH 20.00 20.00 20.00 20.00 300 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SERVICES 601 TO 800 AMP) EACH 23.00 23.00 23.00 23.00 301 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SERVICES 801 TO 1200 AMP) EACH 30.00 30.00 30.00 30.00 302 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SERVICES OVER 1200 AMP/GFI ONLY) EACH 50.00 50.00 50.00 50.00 303 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SIGNS LETTER) EACH 15.00 15.00 15.00 15.00 304 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SIGNS NEON) EACH 25' 2.00 2.00 2.00 2.00 305 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SIGNS UNIT) EACH 10.00 10.00 10.00 10.00 306 SAFEBUILT - BUILDING ELECTRICAL PERMIT (SPECIAL CONDUIT/GROUNDING) EACH 45.00 45.00 45.00 45.00 307 SAFEBUILT - BUILDING ELECTRICAL PLAN REVIEW FEE EACH 25.00% 25.00% 25.00% 25.00% OF APPLICABLE PERMIT FEE 308 SAFEBUILT - BUILDING FIRE ALARM PLAN REVIEW FEE EACH 25.00% 25.00% 25.00% 25.00% OF PERMIT FEE FOR ANY SYSTEM OVER 10 DEVICES 309 SAFEBUILT - BUILDING GARAGE MOVING FEE EACH 200.00 200.00 200.00 200.00 310 SAFEBUILT - BUILDING BUILDING MOVING FEE (EXCEPT GARAGE) EACH 500.00 500.00 500.00 500.00 311 SAFEBUILT - BUILDING LIQUOR LICENSE INSPECTION FEE EACH 75.00 75.00 75.00 80.00 312 SAFEBUILT - BUILDING LIQUOR LICENSE RE-INSPECTION FEE EACH 45.00 45.00 45.00 50.00 313 SAFEBUILT - BUILDING MECHANICAL PERMIT (AIR HANDLERS-COMMERCIAL HOODS) EACH 20.00 20.00 20.00 20.00 314 SAFEBUILT - BUILDING MECHANICAL PERMIT (AIR HANDLERS-OVER 10,000 CFM) EACH 60.00 60.00 60.00 60.00 315 SAFEBUILT - BUILDING MECHANICAL PERMIT (AIR HANDLERS-RES BATH & KITCHEN) EACH 5.00 5.00 5.00 5.00 316 SAFEBUILT - BUILDING MECHANICAL PERMIT (AIR HANDLERS-UNDER 10,000 CFM) EACH 20.00 20.00 20.00 20.00 317 SAFEBUILT - BUILDING MECHANICAL PERMIT (A/C & REFRIG-CHILLER) EACH 30.00 30.00 30.00 30.00 318 SAFEBUILT - BUILDING MECHANICAL PERMIT (A/C & REFRIG-COMPRESSOR) EACH 30.00 30.00 30.00 30.00 319 SAFEBUILT - BUILDING MECHANICAL PERMIT (A/C & REFRIG-COOLING TOWERS) EACH 30.00 30.00 30.00 30.00 Page 14 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 320 SAFEBUILT - BUILDING MECHANICAL PERMIT (A/C & REFRIG-EVAPORATOR COILS) EACH 30.00 30.00 30.00 30.00 321 SAFEBUILT - BUILDING MECHANICAL PERMIT (A/C & REFRIG-REFRIGERATION SPLIT SYSTEM) EACH 30.00 30.00 30.00 30.00 322 SAFEBUILT - BUILDING MECHANICAL PERMIT (BASE PERMIT) EACH 45.00 45.00 45.00 65.00 323 SAFEBUILT - BUILDING MECHANICAL PERMIT (FIRE SUPPRESSION/DUCT) PER FOOT 0.10 0.10 0.10 0.10 $25.00 MINIMUM FEE 324 SAFEBUILT - BUILDING MECHANICAL PERMIT (FIRE SUPPRESSION/PIPING) PER FOOT 0.10 0.10 0.10 0.10 $25.00 MINIMUM FEE 325 SAFEBUILT - BUILDING MECHANICAL PERMIT (FIRE SUPPRESSION/RESTAURANT HOODS) EACH 150.00 150.00 150.00 150.00 326 SAFEBUILT - BUILDING MECHANICAL PERMIT (FIRE SUPPRESSION/SPRINKLER HEADS) PER HEAD 0.75 0.75 0.75 0.75 $20.00 MINIMUM FEE 327 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEAT RECOVERY UNITS/THRU-WALL FAN COILS) EACH 10.00 10.00 10.00 10.00 328 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-BOILER CONTROLS, PUMPS) EACH 10.00 10.00 10.00 10.00 329 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-BOILERS) EACH 30.00 30.00 30.00 30.00 330 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-CHIMNEY, FACTORY BUILT) EACH 25.00 25.00 25.00 25.00 331 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-FLUE/VENT DAMPER) EACH 8.00 8.00 8.00 8.00 332 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-GAS FIRE PLACES) EACH 20.00 20.00 20.00 20.00 333 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-GAS PIPE TESTING NEW SERVICE) EACH 45.00 45.00 45.00 45.00 334 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-GAS PIPING EACH OPENING) EACH 5.00 5.00 5.00 5.00 335 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-GAS/OIL BURNING EQUIPMENT) EACH 30.00 30.00 30.00 30.00 336 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-HEAT PUMPS COMMERCIAL) EACH 30.00 30.00 30.00 30.00 337 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-HEAT PUMPS, COMPLETE RESIDENT) EACH 30.00 30.00 30.00 30.00 338 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-HEAT PUMPS, COMPLETE RESIDENT) EACH 30.00 30.00 30.00 30.00 339 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-RESIDENTIAL A/C) EACH 30.00 30.00 30.00 30.00 340 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-RESIDENTIAL SYSTEM) EACH 50.00 50.00 50.00 50.00 341 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-SOLAR, SET OF 3 PANELS) EACH 20.00 20.00 20.00 20.00 342 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-SOLID FUEL EQUIPMENT COMPLETE) EACH 30.00 30.00 30.00 30.00 Page 15 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 343 SAFEBUILT - BUILDING MECHANICAL PERMIT (HEATING-WATER HEATER) EACH 10.00 10.00 10.00 10.00 344 SAFEBUILT - BUILDING MECHANICAL PERMIT (HUMIDIFIERS) EACH 10.00 10.00 10.00 10.00 345 SAFEBUILT - BUILDING MECHANICAL PERMIT (INSPECTION-ADDITIONAL) EACH 45.00 45.00 45.00 45.00 346 SAFEBUILT - BUILDING MECHANICAL PERMIT (INSPECTION-FINAL) EACH 45.00 45.00 45.00 45.00 347 SAFEBUILT - BUILDING MECHANICAL PERMIT (INSPECTION-HOURLY RATE) EACH 60.00 60.00 60.00 60.00 348 SAFEBUILT - BUILDING MECHANICAL PERMIT (INSPECTION-SPECIAL/SAFETY) EACH 50.00 50.00 50.00 50.00 349 SAFEBUILT - BUILDING MECHANICAL PERMIT (INSPECTION-TURN ON GAS) EACH 45.00 45.00 45.00 45.00 350 SAFEBUILT - BUILDING MECHANICAL PERMIT (PROCESS PIPING/HAZARDOUS 1-4 OUTLETS) EACH 5.00 5.00 5.00 5.00 351 SAFEBUILT - BUILDING MECHANICAL PERMIT (PROCESS PIPING/HAZARDOUS 5+ MORE OUTLETS) PER OUTLET 1.00 1.00 1.00 1.00 352 SAFEBUILT - BUILDING MECHANICAL PERMIT (PROCESS PIPING/NON-HAZARDOUS 1-4 OUTLETS) EACH 2.00 2.00 2.00 2.00 353 SAFEBUILT - BUILDING MECHANICAL PERMIT (PROCESS PIPING/NON-HAZARDOUS 5+ OUTLETS) PER OUTLET 0.50 0.50 0.50 0.50 354 SAFEBUILT - BUILDING MECHANICAL PERMIT (ROOFTOP HVAC UNIT) EACH 60.00 60.00 60.00 60.00 355 SAFEBUILT - BUILDING MECHANICAL PERMIT (TANKS-ABOVEGROUND) EACH 20.00 20.00 20.00 20.00 356 SAFEBUILT - BUILDING MECHANICAL PERMIT (TANKS-UNDERGROUND) EACH 25.00 25.00 25.00 25.00 357 SAFEBUILT - BUILDING MECHANICAL PERMIT (UNIT HEATERS/TERMINAL UNITS) EACH 15.00 15.00 15.00 15.00 358 SAFEBUILT - BUILDING MECHANICAL PERMIT (UNIT VENTILATORS) EACH 10.00 10.00 10.00 10.00 359 SAFEBUILT - BUILDING MECHANICAL PLAN REVIEW FEE EACH 25.00% 25.00% 25.00% 25.00% OF APPLICABLE PERMIT FEE 360 SAFEBUILT - BUILDING PLUMBING PERMIT (BASE PERMIT) EACH 45.00 45.00 45.00 65.00 361 SAFEBUILT - BUILDING PLUMBING PERMIT (CONNECTION BLDG. DRAIN; SEWERS AT STREET) EACH 9.00 9.00 9.00 9.00 362 SAFEBUILT - BUILDING PLUMBING PERMIT (FIXTURES, FLOOR DRAINS, LAB DEVICES) EACH 9.00 9.00 9.00 9.00 363 SAFEBUILT - BUILDING PLUMBING PERMIT (INSPECTION ADDITIONAL) EACH 45.00 45.00 45.00 45.00 364 SAFEBUILT - BUILDING PLUMBING PERMIT (INSPECTION FINAL) EACH 45.00 45.00 45.00 45.00 365 SAFEBUILT - BUILDING PLUMBING PERMIT (INSPECTION HOURLY FEE) EACH 60.00 60.00 60.00 60.00 MINIMUM TWO HOURS Page 16 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 366 SAFEBUILT - BUILDING PLUMBING PERMIT (INSPECTION SPECIAL/SAFETY) EACH 50.00 50.00 50.00 50.00 367 SAFEBUILT - BUILDING PLUMBING PERMIT (MANHOLES-CATCHBASINS) EACH 10.00 10.00 10.00 10.00 368 SAFEBUILT - BUILDING PLUMBING PERMIT (MEDICAL GAS INSTALLATION) PER OUTLET 8.00 8.00 8.00 8.00 369 SAFEBUILT - BUILDING PLUMBING PERMIT (REDUCED PRESSURE BACKFLOW PREVENTER 1/4" TO 2") EACH 10.00 10.00 10.00 10.00 370 SAFEBUILT - BUILDING PLUMBING PERMIT (REDUCED PRESSURE BACKFLOW PREVENTER OVER 2") EACH 20.00 20.00 20.00 20.00 371 SAFEBUILT - BUILDING PLUMBING PERMIT (SEWAGE SUMPS & EJECTORS) EACH 10.00 10.00 10.00 10.00 372 SAFEBUILT - BUILDING PLUMBING PERMIT (SEWERS-SANITARY OR STORM OVER 6") EACH 25.00 25.00 25.00 25.00 373 SAFEBUILT - BUILDING PLUMBING PERMIT (SEWERS-SANITARY OR STORM UNDER 6") EACH 10.00 10.00 10.00 10.00 374 SAFEBUILT - BUILDING PLUMBING PERMIT (STACKS, VENTS, CONDUCTORS) EACH 6.00 6.00 6.00 6.00 375 SAFEBUILT - BUILDING PLUMBING PERMIT (SUB-SOIL DRAINS) EACH 9.00 9.00 9.00 9.00 376 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--1-1/2") EACH 30.00 30.00 30.00 30.00 377 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--1-1/4") EACH 23.00 23.00 23.00 23.00 378 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--1") EACH 15.00 15.00 15.00 15.00 379 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--2") EACH 38.00 38.00 38.00 38.00 380 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--3/4") EACH 8.00 8.00 8.00 8.00 381 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM--OVER 2") EACH 45.00 45.00 45.00 45.00 382 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER SERVICE 2" TO 6") EACH 25.00 25.00 25.00 25.00 383 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER SERVICE LESS THAN 2") EACH 10.00 10.00 10.00 10.00 384 SAFEBUILT - BUILDING PLUMBING PERMIT (WATER SERVICE OVER 6") EACH 50.00 50.00 50.00 50.00 385 SAFEBUILT - BUILDING PLUMBING PLAN REVIEW FEE EACH 25.00% 25.00% 25.00% 25.00% OF APPLICABLE PERMIT FEE 386 SAFEBUILT - BUILDING PLUMBING PERMIT (GREASE TRAP INSPECTION) EACH 45.00 45.00 45.00 45.00 387 SAFEBUILT - BUILDING PROPERTY MAINTENANCE CODE APPEAL APPLICATION FEE EACH 100.00 100.00 100.00 100.00 388 SAFEBUILT - BUILDING ROOFING PERMIT (RE-ROOF OVER OLD ROOF/1LAYERS MAX) PER SQUARE 100.00 100.00 100.00 150.00 Page 17 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 389 SAFEBUILT - BUILDING ROOFING PERMIT (STRIP THEN RE-ROOF) PER SQUARE 200.00 200.00 200.00 250.00 390 SAFEBUILT - BUILDING ROOFING PERMIT (STRIP, RE-SHEET, THEN RE-ROOF) PER SQUARE 250.00 250.00 250.00 300.00 391 SAFEBUILT - BUILDING Telecommunications Outlets 1 - 10 Outlets 50.00 50.00 50.00 50.00 392 SAFEBUILT - BUILDING Telecommunications Outlets 11 - 20 Outlets 100.00 100.00 100.00 100.00 393 SAFEBUILT - BUILDING Telecommunications Outlets Over 20 Outlets - Per Outlet 2.00 2.00 2.00 2.00 394 MARINA 30 FOOT SLIP EACH 1,740.00 1,740.00 1,740.00 1,835.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 395 MARINA 40 FOOT SLIP EACH 2,400.00 2,400.00 2,400.00 2,525.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 396 MARINA 60 FOOT SLIP EACH 3,050.00 3,050.00 3,050.00 3,220.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 ADDITIONAL 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY 397 MARINA MULTIPLE SLIP RENTAL RENT ADDITIONAL SLIP 0.00 0.00 0.00 0.00 FEBRUARY 1 398 MARINA HARD ACCESS (SLIPS 37-46, 69) UNDER 27' ONLY EACH 1,400.00 1,400.00 1,400.00 1,400.00 399 MARINA CLASS A MOORING EACH 550.00 550.00 550.00 550.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 400 MARINA CLASS B MOORING EACH 450.00 450.00 450.00 450.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 401 MARINA DAILY LAUNCH RAMP EACH 10.00 10.00 10.00 10.00 402 MARINA SEASONAL LAUNCH RAMP STICKER RESIDENT 40.00 40.00 40.00 40.00 403 MARINA SEASONAL LAUNCH RAMP STICKER NON-RESIDENT 55.00 55.00 55.00 55.00 404 MARINA SEASONAL LAUNCH RAMP STICKER (SENIOR/HANDICAPPED) RESIDENT 25.00 25.00 25.00 25.00 405 MARINA SEASONAL LAUNCH RAMP STICKER (SENIOR/HANDICAPPED) NON-RESIDENT 40.00 40.00 40.00 40.00 406 MARINA END OF SEASON LAUNCH RAMP PERMIT EACH 25.00 25.00 25.00 25.00 SOLD AFTER SEPTEMBER 15 407 MARINA SMALL BOAT BASIN EACH 900.00 900.00 900.00 950.00 5% DISCOUNT IS GIVEN IF FEE PAID IN FULL BY FEBRUARY 1 408 MARINA DRY STORAGE (RESIDENTS - CATAMARAN) EACH 200.00 200.00 200.00 200.00 409 MARINA DRY STORAGE (NON-RESIDENTS - CATAMARAN) EACH 300.00 300.00 300.00 300.00 410 MARINA CANOE & KAYAK STORAGE PER SIX MONTHS 75.00 75.00 75.00 75.00 DRY STORAGE BASED ON VEHICLE LENGTH Page 18 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 411 MARINA DRY STORAGE PER LINEAL FOOT 14.50 14.50 14.50 14.50 DRY STORAGE BASED ON VEHICLE LENGTH 412 MARINA TRAILER STORAGE EACH 80.00 80.00 80.00 80.00 413 MARINA PERSONAL WATERCRAFT STORAGE EACH 65.00 65.00 65.00 65.00 DOCKAGE FEE FOR JET SKI MINIMUM - FEE CHARGED BASED ON TRANSIENT VESSEL RATES 414 MARINA END OF SEASON LATE REMOVAL FEE PER DAY MINIMUM 32.00 32.00 32.00 32.00 (VESSEL LENGTH) PER STATE DNR 415 MARINA SHOPPERS DOCK EACH 10.00 10.00 10.00 10.00 $10 PER 3 HOURS, 35' DOCKS ONLY 416 MARINA COST TO MOVE CATAMARAN POST EACH 60.00 60.00 60.00 60.00 COST TO MOVE EXISTING POST LOCATION 417 MARINA EXTERNAL ELECTRIC FEE PER MONTH 15.00 NEW FEE 418 PLANNING PRECINCT MAPS (LARGE) EACH 30.00 30.00 30.00 30.00 419 PLANNING MASTER PLAN COPY (CITY, DDA, LDFA) - COLOR EACH 130.00 130.00 130.00 130.00 HARD COPY 420 PLANNING MASTER PLAN COPY (CITY, DDA, LDFA) - B & W EACH 35.00 35.00 35.00 35.00 HARD COPY 421 PLANNING DOWNTOWN PLAN COPY EACH 30.00 30.00 30.00 30.00 HARD COPY 422 PLANNING MASTER PLAN COPY (CITY, DDA, LDFA) - COLOR EACH 15.00 15.00 15.00 15.00 PROVIDED ON CD 423 PLANNING MASTER PLAN COPY (CITY, DDA, LDFA) - B & W EACH 15.00 15.00 15.00 15.00 PROVIDED ON CD 424 PLANNING DOWNTOWN PLAN COPY EACH 15.00 15.00 15.00 15.00 PROVIDED ON CD 425 PLANNING OBSOLETE PROPERTY REHAB FILING & MONITORING FEE EACH 1,000.00 1,000.00 1,000.00 1,000.00 2% OF ABATED TAXES (WHICHEVER IS LESS - MINIMUM $500) 426 PLANNING NEZ APPLICATION FEE EACH 25.00 25.00 25.00 25.00 427 PLANNING IFT/CFT APPLICATION FEE EACH 1,722.00 1,722.00 1,722.00 1,722.00 2% OF ABATED TAXES (WHICHEVER IS LESS - MINIMUM $500) IFT/CFT/OPRA/COMMERCIAL REHAB DISTRICT ESTABLISHMENT IF ON A SEPARATE 428 PLANNING EACH 0.00 0.00 500.00 500.00 MEETING FROM CERTIFICATE 429 PLANNING PERSONAL PROPERTY ABATEMENT FEE EACH 1,722.00 1,722.00 1,722.00 1,722.00 2% OF ABATED TAXES (WHICHEVER IS LESS - MINIMUM $400) 430 PLANNING COMMERCIAL REHAB FILING/MONITORING FEE EACH 1,000.00 1,000.00 1,000.00 1,000.00 2% OF ABATED TAXES (WHICHEVER IS LESS - MINIMUM $500) 431 PLANNING GROUNDWATER ORDINANCE APPLICATION FEE EACH 750.00 750.00 750.00 750.00 432 PLANNING BROWNFIELD DEVELOPMENT APPLICATION FEE EACH 2,500.00 2,500.00 2,500.00 2,500.00 IF TAX CAPTURE FEE BASED ON ACTUAL COSTS 433 PLANNING LEISURE SERVICES MASTER PLAN EACH 30.00 30.00 30.00 30.00 HARD COPY Page 19 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 434 PLANNING LEISURE SERVICES MASTER PLAN EACH 15.00 15.00 15.00 15.00 CD 435 POLICE POLICE REPORTS - ACCIDENT & OFFENSE (EACH ADDITIONAL PAGE) EACH 0.25 0.25 0.25 0.25 436 POLICE POLICE REPORTS - ACCIDENT & OFFENSE (FIRST PAGE) EACH 5.50 5.50 5.50 5.50 437 POLICE BIKE REGISTRATION (CHANGE OWNERSHIP) EACH 2.00 2.00 2.00 2.00 438 POLICE BIKE REGISTRATION (DUPLICATE) EACH 1.00 1.00 1.00 1.00 439 POLICE BIKE REGISTRATION (ENGRAVING) EACH 0.00 0.00 0.00 0.00 NO CHARGE 440 POLICE BIKE REGISTRATION (NEW) EACH 2.00 2.00 2.00 2.00 441 POLICE CITATION COPY EACH 5.50 5.50 5.50 5.50 442 POLICE FALSE ALARM FEE (4TH IN YEAR) EACH 30.00 30.00 30.00 30.00 443 POLICE FALSE ALARM FEE (5TH IN YEAR) EACH 60.00 60.00 60.00 60.00 444 POLICE FALSE ALARM FEE (6TH OR MORE IN YEAR) EACH 75.00 75.00 75.00 75.00 INCLUDES $1.00 COST TO PROVIDE OWNER COPY OF INFORMATION 445 POLICE LICENSE TO PURCHASE FEE EACH 6.00 6.00 6.00 6.00 AND $5.00 NOTARY FEE 446 POLICE LIQUOR - SPECIAL LICENSE - NEW EVENT (45 DAYS PRIOR TO EVENT) EACH 250.00 250.00 150.00 150.00 LIQUOR - SPECIAL LICENSE - RETURN EVENT, OUTSIDE CITY RATE (45 DAYS PRIOR 447 POLICE EACH 125.00 125.00 TO EVENT) LIQUOR - SPECIAL LICENSE - RETURN EVENT, IN CITY RATE (45 DAYS PRIOR TO 448 POLICE EACH 75.00 75.00 EVENT) 449 POLICE LIQUOR - SPECIAL LICENSE (15 - 44 DAYS PRIOR TO EVENT) (ALL) EACH 350.00 350.00 250.00 250.00 450 POLICE LIQUOR - SPECIAL LICENSE (UNDER 15 DAYS PRIOR TO EVENT) EACH NOT ISSUED NOT ISSUED NOT ISSUED NOT ISSUED LIQUOR - TEMPORARY EXISTING ESTABLISHMENT LICENSE (45 DAYS PRIOR TO 451 POLICE EACH 50.00 50.00 40.00 40.00 EVENT) LIQUOR - TEMPORARY EXISTING ESTABLISHMENT LICENSE (15 - 44 DAYS PRIOR TO 452 POLICE EACH 75.00 75.00 60.00 60.00 EVENT) LIQUOR - TEMPORARY EXISTING ESTABLISHMENT LICENSE (UNDER 15 DAYS PRIOR 453 POLICE EACH NOT ISSUED NOT ISSUED NOT ISSUED NOT ISSUED TO EVENT) 454 POLICE LIQUOR - TEMPORARY EXISTING CLUB LICENSE (45 DAYS PRIOR TO EVENT) EACH 50.00 50.00 40.00 40.00 LIQUOR - TEMPORARY EXISTING CLUB LICENSE (15 - 44 DAYS PRIOR TO EVENT) 455 POLICE EACH 75.00 75.00 60.00 60.00 (ALL) 456 POLICE LIQUOR - TEMPORARY EXISTING CLUB LICENSE (UNDER 15 DAYS PRIOR TO EVENT) EACH NOT ISSUED NOT ISSUED NOT ISSUED NOT ISSUED Page 20 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 457 POLICE OUIL COST RECOVERY FEE EACH ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS 458 POLICE PHOTOGRAPH REPRODUCTION (ENLARGED) EACH 15.00 15.00 15.00 15.00 459 POLICE PHOTOGRAPH REPRODUCTION (STD SIZE) EACH 10.00 10.00 10.00 10.00 460 POLICE PHOTOGRAPH REPRODUCTION (CD-ROM) EACH 5.00 5.00 5.00 5.00 461 POLICE PRELIMINARY BREATH TEST EACH 5.00 5.00 5.00 5.00 FOR COURT/PROBATION ORDERED TEST 462 POLICE VIN INSPECTION EACH 30.00 30.00 30.00 30.00 463 POLICE VEHICLE IMPOUND FEE (PRIVATE) EACH 50.00 50.00 50.00 50.00 464 POLICE VEHICLE IMPOUND FEE (COURT-ORDERED) EVERY 30 DAYS 50.00 50.00 50.00 50.00 DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 465 SPECIAL EVENTS PARKS (WOOD SNOW FENCE RENTAL) EACH 30.00 30.00 30.00 30.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 466 SPECIAL EVENTS CITY SERVICES (55-GAL METAL TRASH CANS) EACH 5.00 5.00 5.00 5.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 467 SPECIAL EVENTS CITY SERVICES RENTAL OF POSTS EACH POST 3.00 3.00 3.00 3.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED DELIVERY/PICK-UP NOT INCLUDED. ADDITIONAL COSTS FOR LABOR 468 SPECIAL EVENTS CITY SERVICES (PICNIC TABLES) EACH 10.00 10.00 10.00 10.00 ($60.00/HR)AND VEHICLE RENTAL WILL APPLY IF DELEVERY OR PICK- UP IS REQUIRED 469 SPECIAL EVENTS FILM & MUSIC EVENTS ADMINISTRATION FEE EACH 50.00 50.00 50.00 50.00 470 SPECIAL EVENTS SPEICAL EVENTS HYDRANT USAGE PER HYDRANT 100.00 100.00 100.00 100.00 THIS RATE INCLUDES INSTALLATION/REMOVAL AND TESTING SPECIAL EVENTS APPLICATION FEE FOR PEAK SEASON EVENTS (4/15-9/30) APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 471 SPECIAL EVENTS EACH 100.00 100.00 100.00 100.00 SUBMITTED AT LEAST 60 DAYS PRIOR TO DATE OF EVENT 50% DISCOUNT OFF REGULAR FEE. SPECIAL EVENTS APPLICATION FEE FOR PEAK SEASON EVENTS (4/15-9/30) APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 472 SPECIAL EVENTS EACH 250.00 250.00 250.00 250.00 SUBMITTED 45-59 DAYS PRIOR TO DATE OF EVENT 50% DISCOUNT OFF REGULAR FEE. SPECIAL EVENTS APPLICATION FEE FOR PEAK SEASON EVENTS (4/15-9/30) APPLICATIONS SUBMITTED PRIOR TO APRIL 15 WILL RECEIVE 473 SPECIAL EVENTS EACH 400.00 400.00 400.00 400.00 SUBMITTED 30-44 DAYS PRIOR TO DATE OF EVENT 50% DISCOUNT OFF REGULAR FEE. SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1-4/14 & 10/1- 474 SPECIAL EVENTS EACH 50.00 50.00 50.00 50.00 12/31) SUBMITTED AT LEAST 60 DAYS PRIOR TO DATE OF EVENT SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1-4/14 & 10/1- 475 SPECIAL EVENTS EACH 200.00 200.00 200.00 200.00 12/31) SUBMITTED 45-59 DAYS PRIOR TO DATE OF EVENT SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1-4/14 & 10/1- 476 SPECIAL EVENTS EACH 300.00 300.00 300.00 300.00 12/31) SUBMITTED 30-44DAYS PRIOR TO DATE OF EVENT Page 21 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS SPECIAL EVENTS APPLICATION FEE FOR OFF SEASON EVENTS (1/1-4/14 & 10/1- 477 SPECIAL EVENTS EACH 500.00 500.00 500.00 500.00 12/31) SUBMITTED LESS THAN 30 DAYS PRIOR TO DATE OF EVENT 478 SPECIAL EVENTS CITY SERVICES (POLICE OFFICER - STRAIGHT TIME) PER HOUR 40.00 40.00 40.00 40.00 479 SPECIAL EVENTS CITY SERVICES (POLICE OFFICER - 1.5 OVERTIME) PER HOUR 60.00 60.00 60.00 60.00 480 SPECIAL EVENTS CITY SERVICES (POLICE OFFICER - TRIPLE OVERTIME) PER HOUR 120.00 120.00 120.00 120.00 481 TREASURER DUPLICATE TAX BILL COPY (COMPUTER PRINTOUT) EACH 3.00 3.00 3.00 3.00 482 TREASURER PROPERTY TAX PROJECTION/ESTIMATE LETTER EACH 20.00 20.00 20.00 20.00 483 TREASURER NSF CHECK/NSF ACH HANDLING CHARGE EACH 30.00 30.00 30.00 30.00 484 TREASURER TAX RECEIPT INQUIRY (LESS THAN 3 YEARS OLD) EACH 5.00 5.00 5.00 5.00 485 TREASURER TAX RECEIPT INQUIRY (MORE THAN 3 YEARS OLD) EACH 12.00 12.00 12.00 12.00 486 TREASURER TRANSACTION SERVICE FEE (PAYMENTS MADE AT WINDOWW/O BILL) EACH 2.00 2.00 2.00 2.00 487 TREASURER TRANSACTION ADMINISTRATIVE FEE (CREDIT CARD PAYMENTS BY PHONE) EACH 5.00 5.00 5.00 5.00 488 TREASURER PETTY CASH NUISANCE FEE (FAILURE TO RETURN RECEIPTS IN TIMELY FASHION) EACH 5.00 5.00 5.00 5.00 489 TREASURER PROPERTY TAX ROLL ON CD-ROM OR ELECTRONIC FILE EACH 125.00 125.00 125.00 125.00 490 TREASURER PROPERTY TAX LIEN INQUIRY/LOOKUP (PERFORMED BY CITY STAFF) EACH 35.00 35.00 35.00 35.00 PAYMENT IN ADVANCE W/CREDIT CARD REQUIRED 491 TREASURER PROPERTY TAX LIEN INQUIRY/LOOKUP (SELF-HELP INTERNET LOOKUP) EACH 20.00 20.00 20.00 20.00 492 TREASURER PENALTY ASSESSMENT ON DELINQUENT TAXES EACH 3.0% 3.0% 3.0% 3.0% 493 TREASURER PROPERTY TAX ADMINISTRATION FEE (PTAF) EACH 1.0% 1.0% 1.0% 1.0% 494 TREASURER LANDLORD'S AFFIDAVIT FILING EACH 300.00 300.00 300.00 300.00 3.0% WITH $2.00 3.0% WITH $2.00 3.0% WITH $2.00 $2.00 FLAT FEE PER TRANSACTION OF $1.00 TO $65.00 AND 3% FEE 495 TREASURER CREDIT CARD CONVENIENCE FEE EACH MINIMUM MINIMUM MINIMUM PER TRANSACTION OF $65.01 AND GREATER 496 WATER FILTRATION WATER TEST SAMPLE PER SAMPLE 70.00 70.00 70.00 70.00 COVERS STAFF TIME AND LAB WORK 497 WATER-SEWER DELINQUENT PAYMENT PENALTY PAST DUE BALANCE 10.00% 10.00% 10.00% 10.00% GREATER OF GREATER OF GREATER OF GREATER OF 498 WATER-SEWER DELINQUENT PAYMENT PENALTY (TAX LIEN FEE) PAST DUE BALANCE 20% OR $25.00 20% OR $25.00 20% OR $25.00 20% OR $25.00 Page 22 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 499 WATER-SEWER HYDRANT SERVICE (MAXIMUM 30 DAY) CONNECTION CHARGE EACH 50.00 50.00 50.00 50.00 $400.00 REFUNDABLE DEPOSIT ALSO REQUIRED 500 WATER-SEWER INSTALLATION OF STUB LINE TO PROPERTY LINE (SEWER PERMIT) EACH 1,000.00 1,000.00 1,000.00 1,000.00 INCLUDES REPAIR AND POSSIBLE REPLACEMENT OF SERVICE 501 WATER-SEWER METER REPLACEMENT AT OWNER'S REQUEST EACH ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS ACTUAL COSTS 502 WATER-SEWER METER RESET AT OWNER'S REQUEST EACH 35.00 35.00 35.00 35.00 503 WATER-SEWER METER TEST EACH 35.00 35.00 35.00 35.00 504 WATER-SEWER MISSED METER APPOINTMENT EACH 25.00 25.00 25.00 25.00 505 WATER-SEWER TEMPORARY (MINIMUM 30 DAY) SERVICE EACH 25.00 25.00 25.00 25.00 FIRST VISIT IS FREE - FEE CHARGED PER VISIT AFTER FIRST ONE 506 WATER-SEWER THAWING WATER/SEWER LINE EACH 200.00 200.00 200.00 200.00 EACH SEASON 507 WATER-SEWER TURN ON CHARGE (AFTER HOURS) EACH 100.00 100.00 100.00 100.00 CALL IN MINIMUM 3 HOURS 508 WATER-SEWER TURN ON CHARGE (REGULAR HOURS) EACH 25.00 25.00 25.00 25.00 509 WATER-SEWER TURN ON CHARGE (SEASONAL USE) EACH 12.50 12.50 12.50 12.50 510 WATER-SEWER TURN ON CHARGE (MISSED APPOINTMENT - SAME DAY TURN ON) EACH 40.00 40.00 40.00 40.00 FEE APPLIED TO SEWER PERMIT IF PROBLEM IS IN THE CITY'S 511 WATER-SEWER TV SEWER LATERAL EACH 100.00 100.00 100.00 100.00 PORTION OF SYSTEM 512 WATER-SEWER UNAUTHORIZED WATER USE OR TAMPERING (MINIMUM CHARGE) EACH 200.00 200.00 200.00 200.00 513 WATER-SEWER UNAUTHORIZED WATER USE (ADDITIONAL CHARGE FOR CONT'D USE) PER DAY 20.00 20.00 20.00 20.00 514 WATER-SEWER BACKFLOW PREVENTER DEVICE REGISTRATION/AUDIT FEE ANNUAL FEE-EACH DEVICE 10.00 10.00 10.00 10.00 515 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 5/8" OR 3/4" EACH 1,000.00 1,000.00 1,000.00 1,000.00 516 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 1" EACH 2,000.00 2,000.00 2,000.00 2,000.00 517 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 1-1/4" OR 1-1/2" EACH 4,000.00 4,000.00 4,000.00 4,000.00 518 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 2" EACH 6,800.00 6,800.00 6,800.00 6,800.00 519 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 3" EACH 12,800.00 12,800.00 12,800.00 12,800.00 520 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 4" EACH 20,000.00 20,000.00 20,000.00 20,000.00 521 WATER-SEWER WATER SERVICE TRUNKAGE FEE - 6" EACH 40,000.00 40,000.00 40,000.00 40,000.00 Page 23 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 522 WATER-SEWER WATER SERVICE TRUNKAGE FEE - GREATER THAN 6" EACH TBD TBD TBD TBD BASED ON CALCULATED CAPACITY 523 WATER-SEWER FIRELINE SERVICE TRUNKAGE FEE 2" EACH 0.00 0.00 0.00 0.00 TIME & MATERIALS BASIS 524 WATER-SEWER FIRELINE SERVICE TRUNKAGE FEE 4" EACH 6,800.00 6,800.00 6,800.00 6,800.00 525 WATER-SEWER FIRELINE SERVICE TRUNKAGE FEE 6" EACH 12,800.00 12,800.00 12,800.00 12,800.00 526 WATER-SEWER FIRELINE SERVICE TRUNKAGE FEE 8" EACH 20,000.00 20,000.00 20,000.00 20,000.00 527 WATER-SEWER FIRELINE SERVICE TRUNKAGE FEE 12" EACH 40,000.00 40,000.00 40,000.00 40,000.00 528 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 5/8" OR 3/4" EACH 1,000.00 1,000.00 1,000.00 1,000.00 529 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 1" EACH 2,000.00 2,000.00 2,000.00 2,000.00 530 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 1-1/4" OR 1-1/2" EACH 4,000.00 4,000.00 4,000.00 4,000.00 531 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 2" EACH 6,800.00 6,800.00 6,800.00 6,800.00 532 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 3" EACH 12,800.00 12,800.00 12,800.00 12,800.00 533 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 4" EACH 20,000.00 20,000.00 20,000.00 20,000.00 534 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - 6" EACH 40,000.00 40,000.00 40,000.00 40,000.00 535 WATER-SEWER SEWER SERVICE TRUNKAGE FEE - GREATER THAN 6" EACH TBD TBD TBD TBD BASED ON CALCULATED CAPACITY ***THIS FEE IS BEING REVIEWED BY THE CITY ATTORNEY'S OFFICE 536 WATER-SEWER STORM WATER CROSS CONNECTION SEWER TREATMENT CHARGE PER DAY 0.00 0.00 0.00 0.00 AND WILL BE UPDATE ONCE WE HAVE A RESPONSE 537 WATER-SEWER LARGE WATERMAIN TAPS EACH 200.00 200.00 200.00 200.00 PLUS TIME &MATERIALS 538 WATER-SEWER SMALL WATER TAPS EACH 50.00 50.00 50.00 50.00 SMALL TAP FEE UP TO AND INCLUDING 2' WATER SERVICE 539 WATER-SEWER RESIDENTIAL FLAT RATE SEWER CHARGE MONTH 28.70 32.18 32.18 39.64 BASED ON 11.66 UNITS/MO OR 35 UNITS/QUARTER 540 WATER-SEWER COMMERCIAL FLAT RATE SEWER CHARGE MONTH 36.15 40.81 40.81 49.55 BASED ON 11.66 UNITS/MO OR 35 UNITS/QUARTER 541 ZONING SPECIAL MEETING FEE (PLANNING, ZBA) PER REQUEST 500.00 500.00 500.00 500.00 542 ZONING FENCE PERMIT FEE EACH 30.00 30.00 30.00 30.00 Page 24 CITY OF MUSKEGON Master Fee Resolution - Schedule of Fees (Effective 1/1/2017) 2015 2015 2016 2017 DEPARTMENT DEPT DESCRIPTION UNIT FEE eff 1/1 FEE eff 7/1 FEE FEE COMMENTS 543 ZONING LOT SPLIT REVIEW EACH 30.00 30.00 30.00 30.00 544 ZONING ZONING, GIS MAPS (UP TO 17" x 24" ) EACH 15.00 15.00 15.00 15.00 545 ZONING ZONING, GIS MAPS (17" x 24" TO 34" x 44" ) EACH 25.00 25.00 25.00 25.00 546 ZONING PLANNED UNIT DEVELOPMENT (PUD) EACH 0.00 0.00 0.00 0.00 547 ZONING PLANNED UNIT DEVELOPMENT (PUD) - PRELIMINARY EACH 500.00 500.00 500.00 500.00 548 ZONING PLANNED UNIT DEVELOPMENT (PUD) - FINAL EACH 500.00 500.00 500.00 500.00 549 ZONING PLANNED UNIT DEVELOPMENT (PUD) - AMENDMENT EACH 500.00 500.00 500.00 500.00 550 ZONING SIDEWALK BENCH ENCROACHMENT PER BENCH PER MONTH 5.00 5.00 5.00 5.00 551 ZONING SITE PLAN REVIEW FEE - MINOR EACH 200.00 200.00 200.00 200.00 552 ZONING SITE PLAN REVIEW FEE - MAJOR EACH 400.00 400.00 400.00 400.00 553 ZONING PLANNING COMMISSION REVIEW EACH 500.00 500.00 500.00 500.00 554 ZONING SPECIAL USE PERMIT EACH 500.00 500.00 500.00 500.00 555 ZONING ALLEY OR STREET VACATION EACH 500.00 500.00 500.00 500.00 556 ZONING ZONING COMPLIANCE LETTER EACH 30.00 30.00 30.00 30.00 557 ZONING ZONE CHANGE EACH 500.00 500.00 500.00 500.00 ZONING BOARD OF APPEALS APPLICATION / ORDINANCE INTERPRETAION - 558 ZONING EACH 400.00 400.00 400.00 400.00 COMMERCIAL/INDUSTRIAL ONLY COMMERCIAL ZONING BOARD OF APPEALS APPLICATION / ORDINANCE INTERPRETAION - 559 ZONING EACH 200.00 200.00 200.00 200.00 RESIDENTIAL ONLY RESIDENTIAL 560 ZONING ZONING - AMENDMENT TO THE ORDINANCE EACH 500.00 500.00 500.00 500.00 561 ZONING ZONING ORDINANCE COPY EACH 25.00 25.00 25.00 25.00 562 ZONING ZONING ORDINANCE COPY W/ MAP EACH 45.00 45.00 45.00 45.00 NR * = FEES APPLICABLE TO NON-RESIDENTS OF THE CITY Page 25 Commission Meeting Date: December 13, 2016 Date: December 6, 2015 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Request to Deny & Accept Properties that did not Sell During the Tax sale for 2016 SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax auctions during 2016. There were fifty- three properties left after the last auction. According to the State’s tax foreclosure laws, the City must state that they are not interested in obtaining them, otherwise the City will automatically receive ownership of the parcels. From the list that was provided, Planning and Community & Neighborhood Services have gone over the parcels to determine which ones to accept. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To deny and accept certain parcels and authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: None. Resolution No. 2016-_____ MUSKEGON CITY COMMISSION RESOLUTION TO DENY ACCEPTANCE OF TAX REVERTED PROPERTY FROM THE COUNTY TREASURER. WHEREAS, The City may not accept the properties available under the urban homestead act, 1999 PA 127, MCL 125.2701 to 125.2709, PA 123 of 1999, MCL 211.78M(6) or for any other lawful purpose, and; WHEREAS, the City of Muskegon does not want to acquire forty-five parcels; WHEREAS, the City of Muskegon will accept the remaining eight parcels; WHEREAS, the City of Muskegon also will not accept any other parcel that was not on the list of fifty-three parcels (should something be discovered that is not already listed below); NOW THEREFORE BE IT RESOLVED, that the City of Muskegon shall not accept forty-five parcels that were remaining from the tax sale but will accept the remaining eight parcels. Legal Descriptions that will Not be Accepted are as Follows: 1-Parcel # 24-036-400-0019-00 Address: 1054 W Sherman Description: CITY OF MUSKEGON SEC 36 T10N R17W COM 33 FT N OF SE COR OF E 4/5 OF SE 1/4 OF SW 1/4 OF SE 1/4 TH N PAR WITH E LN SD SEC 627 FT TH E 501 FT TH S 360 FT TH E 200 FT TH S 267 FT TO THE N LN OF SHERMAN BLVD TH W 704 FT TO POB EXCEPT THE FOLLOWING COMMENCE AT SE COR SD SEC N 89D 41M 10 S W ALG S LN SD SE 1/4 A DIST OF 100 FT THE S 00 D 20M 54S W A DIST OF 267 FT TH S 89D 41M 10S E PAR WITH SD S LN OF SE 1/4 A DIST OF 100 FT TH S 00D 20M 54S E ALG E LN SD W 200 FT OF W 1/2 OF SE 1/4 OF SE 1/4 AS FOUND MONUMENTED A DIST OF 267 FT TO POB 2-Parcel #24-185-101-0009-10 Address: 1654 Dyson Description: CITY OF MUSKEGON CASTENHOLZ SUB DIV OF BLKS 100 101 & 103 TO 120 INCL S 20 FT LOT 9 & N 10 FT LOT 10 BLK 101 3-Parcel # 24-185-106-0004-00 Address: 1694 Manz Description: CITY OF MUSKEGON CASTENHOLZ SUB DIV OF BLKS 100 101 & 103 TO 120 INCL LOT 4 BLK 106 4-Parcel # 24-185-109-0020-00 Address: 1687 Elwood Description: CITY OF MUSKEGON CASTENHOLZ SUB DIV OF BLKS 100 101 & 103 TO 120 INCL LOT 20 BLK 109 5-Parcel # 24-205-014-0007-00 Address: 545 Marquette Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 14 6-Parcel # 24-205-035-0001-03 Address: 725 Ellifson Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT OF W 177 FT OF S 214 FT OF N 239 FT OF BLK 35 7-Parcel # 24-205-049-0001-00 Address: Orchard Ave. Description: CITY OF MUSKEGON REVISED PLAT OF 1903 NORTH 12.7 FEET OF SOUTH 100 FEET LOT 1 BLOCK 49 8-Parcel # 24-205-049-0019-95 Address: 582 Amity Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT OF S 155 FT LOT 19 BLK 49 9-Parcel # 24-205-050-0020-40 Address: 750 Amity Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 44 FT OF S 132 FT LOT 20 BLK 50 10-Parcel # 24-205-053-0005-50 Address: 586 Allen Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT S 132 FT LOT 5 BLK 53 11-Parcel # 24-205-057-0005-00 Address: 960 Williams Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 1/2 LOT 5 BLK 57 12-Parcel # 24-205-059-0003-00 Address: 629 Allen Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 59 13-Parcel # 24-205-066-0004-00 Address: 501 E Apple Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 66 14-Parcel # 24-205-066-0011-00 Address: Chestnut Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N ½ LOT 11 EXC E 6 FT BLK 66 15-Parcel# 24-205-068-0001-10 Address: 1073 Williams Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 45 FT LOT 1 BLK 68 16-Parcel # 24-205-073-0008-00 Address: 748 Catherine Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 8 BLK 73 17-Parcel #24-205-077-0013-10 Address: 530 Catherine Description: CITY OF MUSKEGON REVISED PLAT 1903 S 74 FT LOT 13 BLK 77 18-Parcel # 24-205-083-0005-00 Address: 685 Catherine Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 5 BLK 83 19-Parcel # 24-205-090-0014-00 Address: 618 Catawba Description: CITY OF MUSKEGON REVISED PLAT 1903 LOT 14 BLK 90 20-Parcel # 24-205-230-0006-00 Address: 132 Delaware Description: CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 230 LOT 6 21-Parcel # 24-205-239-0010-10 Address: 1183 Terrace Description: CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 94 FT LOT 10 BLK 239 22-Parcel # 24-205-241-0006-10 Address: 34 E Isabella Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 43.5 FT OF S 78 FT OF LOT 6 BLK 241 23-Parcel # 24-205-245-0007-00 Address: 252 E Isabella Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WLY 51 FT LOT 7 BLK 245 24-Parcel # 24-205-249-0010-00 Address: 369 E Isabella Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 60 FT LOT 10 & NWLY 2.4 FT OF SWLY 60 FT LOT 9 & NELY 5 IN OF SELY 19.7 FT OF NWLY 68.6 FT LOT 11 BLK 249 25-Parcel # 24-205-253-0010-10 Address: 1261 Terrace Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 38.7 FT OF E 97 FT OF LOT 10 BLK 253 26-Parcel # 24-205-253-0012-00 Address: 119 E Isabella Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WLY 44 FT LOT 12 BLK 253 ALSO DESC AS W 2/3 LOT 12 BLK 253 27-Parcel # 24-205-275-0009-10 Address: 72 E Grand Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 1/2 OF S 14.25 FT LOT 8 & E 1/2 LOT 9 BLK 275 28-Parcel # 24-205-281-0002-00 Address: 1524 Hoyt Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 35 FT 8 IN LOT 2 BLK 281 29-Parcel # 24-205-294-0011-00 Address: 1617 Smith Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLK 294 30-Parcel # 24-205-296-0017-00 Address: 1725 Wood Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17 & S 7 1/2 FT LOT 18 BLK 296 31-Parcel # 24-205-297-0024-00 Address: 1691 Smith Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 24 EX S 3.5 FT TH'OF & S 1/2 LOT 25 BLK 297 ALSO COM AT NE COR LOT 26 TH S 41 FT FOR POB TH CONT S 4 FT TH W 125.22 FT TH N 4.03 FT TH E 125.22 FT TO POB 32-Parcel # 24-205-298-0020-00 Address: 1709 Pine Description: CITY OF MUSKEGON REVISED PLAT 1903 N 22 1/2 FT LOT 20 & S 15 FT LOT 21 BLK 298 33-Parcel # 24-205-307-0002-00 Address: Pine St. Description: CITY OF MUSKEGON REVISED PLAT OF 1903 S 20 FT OF LOT 2 BLK 307 34-Parcel # 24-205-339-0005-00 Address: 593 W Webster Description: CITY OF MUSKEGON REVISED PLAT OF 1903 W 33 FT OF LOT 5 BLK 339 35-Parcel # 24-205-375-0002-00 Address: 1363 7th Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 EX W 40 FT BLK 375 36-Parcel # 24-205-406-0007-00 Address: 329 Washington Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 7 BLK 406 37-Parcel # 24-205-418-0003-00 Address: 1514 Park Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 418 38-Parcel # 24-205-433-0006-00 Address: 695 W Southern Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 433 39-Parcel # 24-255-001-0007-00 Address: 1844 McIlwraith Description: CITY OF MUSKEGON EASTLAWN SUB DIV OF BLKS 3-4 & 5 R P EASTONS 2ND SUB DIV LOT 7 BLK 40-Parcel # 24-613-000-0789-00 Address: 1227 Adams Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 W 55 FT LOT 789 41-Parcel # 24-665-000-0149-00 Address: 868 W Hackley Description: CITY OF MUSKEGON ORCHARD GROVE ADDITION LOTS 149 & 150 42-Parcel # 24-665-000-0413-00 Address: 2347 Hudson Description: CITY OF MUSKEGON ORCHARD GROVE ADDITION LOT 413 43-Parcel # 24-745-000-0049-00 Address: 1304 Emerson Description: CITY OF MUSKEGON ROSELINDE ADD LOT 49 44-Parcel # 24-763-001-0026-10 Address: 367 E Holbrook Description: CITY OF MUSKEGON SUB DIV OF LOTS 2-3 BLK 1 R P EASTONS 2ND SUB DIV PART OF SEC 32 LOTS 26-28 BLK 1 EXC E 40 FT & W 45 FT TH'OF 45-Parcel # 24-779-001-0007-10 Address: McCracken Description: CITY OF MUSEKGON SUB DIV OF BLOCK 651 S 35.92 FT OF LOT 7 BLK 1 ALSO THAT PART OF VAC N/S ALLEY BEING S 34.54 FT OF SD ALLEY Legal Descriptions that will be Accepted are as Follows: 1-Parcel # 24-205-022-0002-00 Address: 553 Jackson Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 & N 150 FT LOT 3 BLK 22 2-Parcel # 24-205-152-0008-20 Address: 365 Sumner Description: CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 44 FT LOTS 8 9 & 10 BLK 152 3-Parcel # 24-205-194-0007-00 Address: 332 E Walton Description: CITY OF MUSKEGON REVISED PLAT 1903 E 1/4 LOT 6 AND W 1/2 LOT 7 BLK 194 4-Parcel # 24-205-249-0004-10 Address: 376 Catherine Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 60 FT LOT 4 BLK 249 5-Parcel # 24-205-378-0006-00 Address: 1246 5th Description: CITY OF MUSKEGON REVISED PLAT OF 1903 N 46 FT LOT 6 BLK 378 6-Parcel # 24-205-378-0006-10 Address: 1252 5th Description: CITY OF MUSKEGON REVISED PLAT OF 1903 NLY 44 FT OF SLY 86 FT LOT 6 BLK 378 7-Parcel # 24-205-449-0009-00 Address: 324 W Larch Description: CITY OF MUSKEGON REVISED PLAT OF 1903 E 9 FT LOT 8 & W 29 FT LOT 9 BLK 449 8-Parcel # 24-205-377-0001-00 Address: 1245 5th Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 EX SELY 79.5 FT TH'OF & E 1/2 OF LOT 2 EX SELY 79.5 FT TH'OF BLK 377 Adopted this 13th day of December, 2016 Ayes: Nays: Absent: By: _________________________ Stephen Gawron, Mayor Attest: ________________________ Ann Marie Meisch, MMC 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 December 13, 2016. By: ________________________ Ann Marie Meisch, MMC Clerk COMMISSION MEETING DATE: December 13, 2016 Date: December 5, 2016 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: All Season Rescue Water Craft (Fire) _______________________________________________________ SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the amount of $67,500.00 for a 20’ Rescue Water Craft for the Muskegon Fire Department. This specialty rescue boat will replace the 1988 “Scat” hovercraft, which is no longer in service due to being unrepairable. The selected rescue craft is made by Duck Water Boats in Dover, Ohio. This craft would enable Fire the ability to perform in four (4) seasons with a focus on open water/ice rescue during the winter months. The craft is propelled by “air power”, supplied by a Levaitor Marine V8 550 HP motor. The vessel comes with a venture trailer for swift/easy deployment when/where it’s needed. This equipment will enhance our ability to perform in harsh winter conditions and provide other services needed during the rest of the year, including river rescue and mobility in wet lands, which is not existent at this time. FINANCIAL IMPACT: N/A – Budgeted BUDGET ACTION REQUIRED: Equipment was budgeted in the 2016/2017 budget cycle to support the equipment upgrade (404 Public Improvement Fund). STAFF RECOMMENDATION: Staff recommends approval of this rescue craft purchase to update and enhance essential winter/ice rescue capabilities. Commission Meeting Date: December 13, 2016 Date: December 6, 2016 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Renaissance Zone: Third Amendment to Development Agreement- City of Muskegon and Parkland Muskegon, Inc. SUMMARY OF REQUEST: To approve the attached Development Agreement (“Agreement”) between the City of Muskegon (“City”) and Parkland Muskegon, Inc. (“Company”). FINANCIAL IMPACT: There are assurances that the project will be completed that involve financial commitments to the City. They include a special assessment in the amount of $400,000 to be placed in escrow which will be applied to the property if certain conditions are not met, as well as an escrow deposit of $100,000 to be held by the City until a Certificate of Occupancy is granted for 47 units. In addition, a “profit sharing” clause in the amount of 10% to the City is included in the event the Project is sold and the net proceeds to the Company exceed $6,700,000. In addition, the City agrees to take ownership of the lot adjacent to HighPoint Flats, as well as the area behind the properties on the block and will then improve the area behind the property as a parking lot with 90 spaces. Further, the Agreement is contingent upon the City’s approval of a 15 year NEZ HighPoint Flats. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Third Amendment to Development Agreement between the City and the Company, and authorize the Mayor and Clerk to sign. DRAFT 12/02/16 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT is made this ___ day of November, 2016 (the “Third Amendment”), by and between the CITY OF MUSKEGON, a Michigan municipal corporation (the “City”), whose address is 933 Terrace Street, Muskegon, Michigan 49441, and PARKLAND MUSKEGON, LLC, a Michigan limited liability company of 75 W. Walton Suite A, Muskegon, Michigan 49440, and PARKLAND MUSKEGON, INC., a Michigan corporation whose address is 75 W. Walton Suite A, Muskegon, Michigan 49440 (collectively the “Company”)(collectively the “City” and the “Company” may be referred to as the “Parties”). RECITALS WHEREAS, the Company and the City are parties to a certain Development Agreement, dated as of September 4, 2007, as amended by a certain First Amendment to Development Agreement dated as of March 26, 2013 (collectively the “Development Agreement”). Unless otherwise defined herein, capitalized terms shall have the meaning given to them in the Development Agreement; and WHEREAS, the Parties agreed on terms and the Muskegon City Commission approved a Second Amendment to Development Agreement (“Second Amendment”), which was contingent upon the Company receiving approval of amendment applications from the Michigan Economic Development Corporation (“MEDC”) for previously approved incentives; and WHEREAS, the aforementioned contingency has been met and the Parties desire to enter into this Third Amendment to Development Agreement (“Third Amendment”) for the mutual benefit of the Parties, to cure any default of the Company under the Development Agreement and Second Amendment, provide for other obligations; and WHEREAS, the Parties wish to further amend the Development Agreement and Second Amendment on the terms and conditions set forth in this Third Amendment (collectively the “Development Agreement”, “Second Amendment”, and “Third Amendment” are referred to as the “Agreement”). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. INCORPORATION OF RECITALS AND DEFINED TERMS. The above recitals are hereby incorporated into this Third Amendment as if fully set forth herein. 2. COMPANY AGREEMENT. The following subsections in Paragraph 2 of the Development Agreement are amended to read as follows: 2.1 Redevelopment of the former Hackley Bank Building, at the corner of 1st Street and Western Ave. in downtown Muskegon, an 8 story structure constructed in 1916, to be renovated and adaptively reused as 47 market rate housing units on floors 3 through 8, and commercial units on the 1st and 2nd level (and possibly the lower level) (the ”Project”). 2.2 Unless otherwise amended by this Third Amendment, the performance of all other undertakings set forth in this application. 3. SALE TO THE CITY. The Parties agree to initially use the City Parking Lot identified in Paragraph 3 of the Second Amendment as a single large lot. However, if the Company determines that its guest, residents, tenants and owners are leaving the Project due to parking inconveniences, the Company may, with two (2) months written notice, inform the City of its need for parking restrictions and the parking allocation procedure set forth in the Second Amendment shall be implemented. In addition, the Parties agree to execute a ninety-nine (99) year lease for one dollar ($1.00) in lieu of the non- revocable, appurtenant, perpetual and exclusive easement identified in Paragraph 3 of the Second Amendment, however, such lease to provide that Company shall Lease 47 spots (reserved for the Project) out of the 90 (or more) spots in the City Parking lot, and the remainder of the spaces shall be restricted such that the spaces may only be used for additional parking by the Company under the Agreement, or the employees, residents and guests of the developments and businesses located within the block bounded by First Street, Jefferson Avenue, Western Avenue and Clay Avenue. 4. GARAGES AND ENTRANCE. Until the garages identified in Paragraph 4 of the Second Amendment are constructed, the City may construct surface parking lots in the garage easement area for use as described in the Second Amendment. If Company constructs the garages, the garages must comply with the then existing City Codes. 5. CLOSING. Subject to the other provisions of this Third Amendment, the “Closing” of the transaction contemplated in Paragraph 3 of the Second Amendment will be held at a date and time agreed to by the Parties, within thirty (30) days of execution of this Third Amendment or final approval of the Neighborhood Enterprise Zone application by the City (as described in Paragraph 9 of this Third Amendment), whichever occurs later. If the Parties are not able to agree on such a date and time, the Closing will be at 2:00 p.m. on the 30th day, or the next business day if the 30th day is a holiday or weekend. At Closing, Seller will deliver copies of the plans of the 24 units previously planned to be built on the Property that is being transferred to the City. 6. CONSTRUCTION TIMELINE. The construction timeline outlined in Paragraph 9 of the Second Amendment is amended as follows: 6.1 The Company shall begin pressure-washing or sand blasting the exterior of the Project by November 15, 2016, or within two (2) weeks of the final approval of the Neighborhood Enterprise Zone application by the City, whichever is later (weather permitting and providing Ram Construction does not lay off its workers and otherwise has sufficient workers available in the winter season, but no later than April 1, 2017). 6.2 The Company shall apply for building and construction permits by December 15, 2016, or within six (6) weeks of the final approval of the Neighborhood Enterprise Zone application by the City, whichever is later. 6.3 The Company shall complete the exterior renovation of the Project by September 1, 2017, which will include replacing or repairing the exterior walls, windows, panels, doors and entry ways of the Project, as more particularly described in the attached Exhibit A, except for sections of the exterior that must remain open to accommodate the interior renovations. Any exterior sections that are left unfinished to accommodate interior renovations and the new exterior fire escape shall be completed by June 30, 2018. 6.4 The Company shall complete the interior renovations of Floors 3 through 8 by June 30, 2018, which includes construction of 47 market rate housing units. The Company shall complete interior raw white box renovations of Floors 1 and 2 by November 1, 2018. For the purpose of this Agreement, “raw white box” shall include rough mechanical installation of rough fire suppression, rough HVAC, rough electrical and plumbing for the space, as well as filling the large holes in the first floor of the Project with concrete. It shall not include dry walling ceilings or walls, adding new interior walls, plugs and outlets, light fixtures, or painting. 6.5 The City and its departments shall ensure all building and construction permits and occupancy permits are issued in a timely manner and that no undue hardship is placed on the Company to receive these permits. The City shall also work with the Company to ensure that the Project can be built according to the specifications of the City and MEDC. 7. SPECIAL ASSESSEMENT. This paragraph replaces Paragraph 10 in the Second Amendment. In a manner that will not create interest expenses or penalties for the Company, a special assessment in the amount of four hundred thousand dollars ($400,000.00) will be placed in escrow in November 2016 and applied to the December 2018 tax bill for the property located at 285 West Western Avenue (“Special Assessment”); however, if the Company meets the conditions outlined in Paragraph 6 of this Third Amendment, the City will not exercise its right to apply and collect the Special Assessment, and the Special Assessment will be discharged and deemed satisfied. The Special Assessment is in lieu of the previously described $121,330 assessment identified in the Second Amendment. Nothing contained in this provision admits the Company’s liability for the Special Assessment. 8. ESCROW DEPOSIT. Upon execution of this Third Amendment, the Company shall deposit one hundred thousand dollars ($100,000.00) with the City to be held in escrow (“Deposit”). The Deposit shall be released from escrow to the Company within ten (10) days after Company receives a Certificate of Compliance or a Certificate of Occupancy on the 47 units. In the event the Company fails to meet the conditions outlined in Paragraph 6 of this Third Amendment, and it is the sole fault of the Company, the Company shall forfeit and the City shall apply the Deposit against the balance of the Special Assessment outlined in Paragraph 7 of this Third Amendment. 9. LISTING OF COMMERCIAL SPACE. By February 1, 2017, the Company shall list the available commercial space in the Project with a licensed broker in the State of Michigan. The Parties acknowledge that the Company intends to either lease or sell the commercial space in the Project, and any sale of the commercial space shall not be deemed a default by the Company under the Agreement, or the Brownfield Development and Reimbursement Agreement dated August 27, 2012 (the “Reimbursement Agreement”), as amended, nor shall such sale result in the loss of any interest to be paid to the Company under the Reimbursement Agreement. 10. BROWNFIELD DEVELOPMENT AND REIMBURSEMENT AGREEMENT. The Parties entered into the Reimbursement Agreement in which the Company is to receive reimbursement for certain eligible activities. Subject to the allowable sale of commercial units on the lower level and the first and second floors, outlined in Paragraph 9 above, in the event the Company sells the Project before the reimbursement of the eligible activities is completed under the Reimbursement Agreement and the net proceeds are in excess of six million six hundred fifty-eight thousand six hundred dollars ($6,658,600.00), interest reimbursement to the Company shall automatically terminate. The Parties agree to seek approval of an amendment to the Reimbursement Agreement from the Brownfield Redevelopment Authority to increase the cap on eligible activities plus interest to $1,000,000. The City shall retain the right to pay off the eligible activities early as is currently outlined in the Reimbursement Agreement. 11. RESALE OF THE BUILDING AND CITY PROFIT SHARING. Subject to the termination date below, the Parties agree that in the event the Project is sold, and the net proceeds to the Company exceed at closing (after selling commissions and closing costs) six million seven hundred thousand dollars ($6,700,000.00), then ten percent (10%) of the net proceeds exceeding $6,700,000.00 shall be paid to the City of Muskegon. If any portion of the Project is sold as a condominium unit, the net proceeds (after commissions and closing costs) shall not trigger the profit sharing defined herein, however, shall be included in the measuring when the $6,700,000.00 threshold amount is reached. This provision in this agreement automatically terminates without cost to the Company one year after the expiration of the Neighborhood Enterprise Zone tax abatement. 12. CONTINGENCY. The obligations of the Company under the Agreement are contingent upon approval of a Neighborhood Enterprise Zone designation by the City and approval of a fifteen (15) year Neighborhood Enterprise Zone abatement application by the City and State of Michigan Tax Commission. The City agrees to work with the Company to seek approval from all necessary taxing and governmental authorities. 13. MISCELLANEOUS. 13.1 Entire Agreement. This is the entire agreement between the Parties regarding the subject matter of this Third Amendment. It may not be modified or amended except in a written amendment executed by both Parties. 13.2 Construction. The terms of this Third Amendment amend and modify the Development Agreement and Second Amendment as if fully stated therein. 13.3 Ratification. All other provisions of the Development Agreement and Second Amendment not specifically modified by this Third Amendment are preserved, confirmed and shall remain in full force and effect. 13.4 Counterparts. This Third Amendment may be signed in counterparts and delivered electronically or by facsimile, and each such counterpart and delivery will be a binding and valid execution and delivery of this Third Amendment. 13.5 Binding Nature. This Third Amendment shall be binding upon the Parties and their subrogees, successors, and permitted assigns. 13.6 Non-Transferrable. The Parties may not sell, assign or transfer their obligations under this Third Amendment, except with written consent of the other. Construction must be completed by a construction company hired by Parkland Muskegon, Inc. 13.7 Legal Counsel. Each of the Parties had the advice of legal counsel (or an opportunity to obtain the same) before entering into this Third Amendment and it is to be interpreted as if it were mutually drafted. 13.8 Authority. Each of the undersigned who execute this document on behalf of an entity represent and warrant that they are authorized by the appropriate agents, members, managers, directors or stockholders of the entity for the purpose of binding the entity to the obligations of this Third Amendment. THIS THIRD AMENDMENT IS HEREBY EXECUTED ON THE DATE IDENTIFIED ABOVE. CITY OF MUSKEGON, a Michigan municipal corporation By: ________________________________ Its: __________________________ PARKLAND MUSKEGON, INC., a Michigan corporation By: ______________________________ Jonathan Rooks Its: President Commission Meeting Date: December 13, 2016 Date: December 6, 2016 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Purchase of 235 Monroe SUMMARY OF REQUEST: To approve the purchase of the property located at 235 Monroe Ave (City of Muskegon revised Plat of 1903 Lot 3 Block 379) from Henry and Joanne Brown for the amount of $4,000 (the City currently owns the adjacent parcel at 239 Monroe Ave). FINANCIAL IMPACT: Program income from CDBG will be used for the purchase. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request and direct staff to proceed with a purchase agreement. COMMITTEE RECOMMENDATION: None Commission Meeting Date: December 13, 2016 Date: December 8, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Approval of a Neighborhood Enterprise Zone Certificate SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Steve and Heather Strach for the new construction of a home at 335 Terrace Point Circle. The estimated cost for construction is $250,384 and they are applying for a 12- year certificate. 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 12/8/2016 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 Steve and Heather Strach to construct a home at 335 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 Steve and Heather Strach be approved. Adopted this 13th day of December, 2016. Ayes: Nays: Absent: By: __________________________ Stephen J. Gawron, Mayor Attest: _________________________ Ann Meisch City Clerk 12/8/16 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 December 13, 2016. By: ________________________ Ann Meisch City Clerk 12/8/16 Commission Meeting Date: December 13, 2016 Date: December 8, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Approval of a Neighborhood Enterprise Zone Certificate SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Gregory and Cindy Ribesky for the new construction of a home at 347 Terrace Point Circle. The estimated cost for construction is $304,360 and they are applying for a 12-year certificate. 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 12/8/2016 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 Gregory and Cindy Ribesky to construct a home at 347 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 Gregory and Cindy Ribesky be approved. Adopted this 13th day of December, 2016. Ayes: Nays: Absent: By: __________________________ Stephen J. Gawron, Mayor Attest: _________________________ Ann Meisch City Clerk 12/8/16 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 December 13, 2016. By: ________________________ Ann Meisch City Clerk 12/8/16 Date: 12/13/16 To: Honorable Mayor and City Commissioners From: DPW/Equipment RE: Salt Spreader SUMMARY OF REQUEST: Authorize staff to purchase 2 Henderson FHS Salt spreaders for $18,807.00 each from Arista Truck Systems the lowest qualified bidder. These will replace the two oldest spreaders currently being used. FINANCIAL IMPACT: $37,614.00 BUDGET ACTION REQUIRED: None. Amount is what was budgeted. STAFF RECOMMENDATION: Authorize staff to purchase 2 Henderson FHS salt spreaders from Arista Truck Systems. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\121316\17_Saltspreader2016.doc TO: Honorable Mayor and City Commissioners FROM: Dwana Thompson, Affirmative Action and Risk Management Director DATE: December 6, 2016 RE: RFP for Temporary Staffing Services Provider SUMMARY OF REQUEST: Approval to allow the Mayor and Clerk to sign the 2017-2019 Temporary Staffing Services provider contract with the lowest responsible bidder, Good Temps Temporary Staffing Services. The City Clerk’s Office ran the RFP public notice in The Muskegon Chronicle/Mlive as required. A pre-bid meeting was held on October 25, 2016 at 10:00 AM in the City Commission Chambers. Minutes were compiled and sent to all interested vendors. RFP solicitation resulted in five proposals, due on November 3, 2016 at 10:00 a.m. The bids were opened at 10:00 AM in the City Clerks office. Listed in the order of low bidder to high bidder, timely proposals were received from the following: Staffing, Inc., 1635 W. Sherman Blvd., Norton Shores, MI 49441 Workforce, LLC, 5916 Harvey Street, Muskegon, MI 49444 GoodTemps, 271 East Apple Avenue, Muskegon, MI 49442 CEEP 2104 Leahy Street, Muskegon Heights, MI 49444 Elwood Staffing, 234 North River Ave. Suite A., Holland, MI 49424 Staffing, Inc., Workforce Staffing, CEEP, were not prepared to bid on the majority of the positions. Elwood’s rates increased in this bid process, and they were no longer able to fill some of the positions that they had previously filled. This made Good Temps the lowest responsible bidder. Good Temps is fully prepared to handle all of the City’s Temporary Staffing needs except the optional public safety positions of part-time police officer, and firefighter. FINANCIAL IMPACT: The 2017 projected temporary staffing services cost is approximately $1,000,000 dollars. BUDGET ACTION REQUIRED: The 2017 budget allowes for the financial resources. COMMITTEE RECOMMENDATION: The committee unanimously recommends awarding Good Temps as our 2017-2019 Temporary Staffing Services Provider. STAFF RECOMMENDATION: Staff recommends that the Temporary Staffing Services Contract be awarded to Good Temps Temporary Staffing Services as the lowest responsible bidder and allow the Mayor and Clerk to sign the contractual agreement. CITY OF MUSKEGON CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective on the 1st day of January, 2017, between City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and GoodTemps Temporary Staffing Services, of 271 East Apple Avenue, Muskegon, MI 49442 (“Contractor”) with reference to the following facts: Background A. City requested sealed bid proposals from temporary staffing service providers to provide temporary employees to City within the Public Services Division (Parks, Cemetery, Highway, and Marina Departments), the Public Safety Department, the Farmers Market, the L.C. Walker Arena, as well as to provide general office, administrative services, and other areas within the City as deemed necessary by the City. B. Contractor submitted a bid proposal to provide contract help for “temporary staffing employee” services for the City, on an as needed basis, in the named departments, general office and clerical services, and other areas as deemed necessary by the City. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Inclusion of Additional Agreements. This Agreement includes, but may not be limited to the following: a. Invitations to bid and instructions to bidders; b. All descriptions of services not included in this Agreement but used in connection with the bidding process; c. The bid proposal and any requirement included with or attached to the bid documents and this Agreement; and d. Any specifications used in connection with this Agreement. This Agreement, together with the documents described above, constitutes the Agreement between the parties and shall be considered as part of the Agreement as if attached or repeated herein. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. 2. Services. Contractor shall provide the following services relating to providing temporary staffing employees for the above listed services. GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 a. Temporary Pre-employment Selection. Subsequent to City identifying a position for temporary employment, Contractor shall review the credentials of each employee assigned to the City to confirm employee’s ability to accomplish the essential functions of the position for which they will be assigned, City shall have the right to review each employee’s credentials and verify the employee’s suitability for the assigned position. The City shall have the right to reject an employee for any reason. b. Payroll Only Employee Services. Contractor is engaged to provide payroll services as the employer of record for the Payroll Only Employee Services sourced by the City. Contractor is not required to recruit for this type of employee; the City staff will refer this employee to the Contractor. The Payroll Only Services in this agreement will only pertain to the L.C. Walker Arena positions. c. Background Screening. Contractor shall perform an initial background check on each employee assigned to the City in adherence to our “Move-the-Box” Resolution/ policy. The contractor shall conduct a driving history check on all assigned employees in adherence to the city’s driving policy. The City may perform additional background checks as necessary. d. Drug Screening Program. Contractor shall perform minimum 6 panel- saliva swab test drug screen for all employees. A 5-panel urine drug screen will be performed when saliva swab tests yield inconclusive results. All employees must be tested after making a conditional offer of employment. New hire, reasonable suspicion, accident/incident, and DOT random drug testing shall be at the expense of the Contractor. If Urine Test is required by City for other than reasons stated, the City will take responsibility. 3. Equipment. The City shall supply all safety equipment mandated for employees while on assignment with the City. Contract employees are responsible for their safety shoes. 4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement. 5. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement, the amount set forth in the Contractor’s bid proposal as follows: Positions Mark-Up Payroll Only Rates Office Temporaries: CSR1/ CSR2/ Administrative 37.5% Assistant Cemetery/ Parks/ Highway 37.5% Seasonal Beach Maintenance 37.5% Building Maintenance 37.5% Park/Beach Rangers 37.5% Farmers Market Manager/Master 37.5% Farmers Market Facility Supervisor/Assistant 37.5% GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 Event Security Manager 37.5% Arena Concessions/Ushers/Ticket Takers/Ticket 37.5% 35% Sales Arena Building Labor (Maintenance) 37.5% 30% The following positions were proposed as an addendum and may or may not be filled by the contractor Marina Aides 37.5% Harbor Master 37.5% Pay raises given to contract employees through Contractor (GoodTemps Temporary Staffing Services) above the starting wage will have a mark-up of 37.5% above the amount of the raise. The Contractor (GoodTemps Temporary Staffing Services) agrees to accept the cost of any increase in statutory tax or insurance, i.e., FICA, Medicare, FUI/FUTA, SUI, SUTA and Workers’ Compensation costs. 6. Assignments. Work assignments are determined on an as-needed basis. 7. Work Orders. City shall submit work orders on an as-needed basis. 8. Payment. Contractor shall submit detailed invoices on a weekly basis for the prior week’s services. Payments according to this agreement are invoiced and paid on a weekly basis. Requests for payment shall be submitted on a detailed invoice to the City weekly for the previous week. The City agrees that payment shall be due on NET 14 day terms. Electronic or ACH payment will be received by Friday of the same week as GoodTemps employee is paid for the prior week’s work. 9. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. 10. Terms and Termination. This Agreement shall be effective beginning January 1, 2017, and shall remain in full force and at the same terms through December 31, 2019, with an option to renew for an additional term of one year, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 11. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. If the City submits a work order indicating that a position must be filled by a specific date and said work order is submitted fourteen (14) calendar days in advance of the specified date, the Contractor’s failure to meet the commencement date shall be considered a violation or breach of this Agreement. In the event of a default of the Agreement, Contractor shall pay damages should the City have to provide substitute services and costs associated with the violation or breach. City shall determine its damages after conducting an investigation. GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is resolved and the Contractor is performing under the terms of the Agreement. Should Contractor be unable to perform, the City reserves the right to discontinue its use of temporary staffing employees from Contractor as it determines appropriate. Any contract thereby entered into with another contractor shall not release Contractor from liability to City for breach of this Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties, unless appealed, in writing to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 12. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: (City of Muskegon, FINANCE & ADMINISTRATIVE SERVICES DIRECTOR, 933 Terrace St, PO Box 536, Muskegon, Michigan 49443-0536). g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and iii. If so requested, Certified Copies of all policies mentioned above will be furnished. h. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. 13. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 14. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 b. Governing Law. This Agreement is executed in accordance with, shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or amended except in a subsequent writing signed by the party against whom enforcement is sought. e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 City- Date: __________,2016 CITY OF MUSKEGON By:_____________________________________ Stephen P. Gawron Mayor And:____________________________________ Ann Marie Meisch, MMC City Clerk Contractor- Date: __________,2016 By:_____________________________________ Richard J. Carlson President/CEO Goodwill Industries of West Michigan/ GoodTemps Staffing Services GoodTemps Temporary Staffing Service Agreement 1/2017 through 12/2019 AGENDA ITEM NO. ______________ CITY COMMISSION MEETING ________________________ TO: Honorable Mayor and City Commissioners FROM: Frank Peterson, City Manager DATE: December 6, 2016 RE: 2017 Salary Schedule and Fringe Benefits for Non-Represented Employees SUMMARY OF REQUEST: To approve and adopt the proposed salary ranges and salary schedules for the non-represented administrative, technical, professional, and supervisory employees for 2017 ($2,000 lump sum payment across all classifications). FINANCIAL IMPACT: The changes will cost approximately $75,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve and adopt the proposed salary schedules for non-represented employees for 2017. COMMITTEE RECOMMENDATION: None. 2017 NON‐UNION SALARY SCHEDULE 11 STEPS $2,000 CASH PAYOUT NO INCREASE FOR STEPS IN RANGE CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 RANGE I-A 81,343 84,011 86,679 89,346 92,014 94,683 97,339 100,018 102,686 105,354 108,023 RANGE I-B 74,650 77,096 79,541 81,988 84,431 86,877 89,322 91,769 94,212 96,658 99,103 RANGE II-A 69,040 71,298 73,555 75,813 78,071 80,329 82,589 84,846 87,104 89,362 91,619 RANGE II-B 66,196 68,351 70,505 72,661 74,815 76,970 79,126 81,280 83,436 85,591 87,747 RANGE III-A 63,353 65,405 67,456 69,508 71,561 73,611 75,664 77,716 79,766 81,819 83,870 RANGE III-B 58,989 60,912 62,835 64,759 66,681 68,604 70,527 72,449 74,374 76,297 78,219 RANGE IV 54,753 56,535 58,316 60,098 61,880 63,659 65,443 67,224 69,004 70,787 72,569 RANGE V 52,461 54,166 55,872 57,577 59,284 60,989 62,695 64,402 66,107 67,813 69,517 RANGE VI 49,486 51,092 52,698 54,303 55,909 57,515 59,120 60,727 62,335 63,941 65,546 RANGE VII-A 45,897 47,384 48,872 50,358 51,845 53,332 54,819 56,305 57,794 59,281 60,767 RANGE VII-B 43,154 44,549 45,945 47,340 48,736 50,133 51,527 52,923 54,318 55,715 57,110 RANGE VIII 40,786 42,102 43,418 44,736 46,052 47,368 48,683 50,002 51,317 52,635 53,951 RANGE IX 36,094 37,253 38,412 39,574 40,733 41,893 43,052 44,212 45,372 46,532 47,692 RANGE X 33,567 34,644 35,719 36,796 37,871 38,946 40,022 41,098 42,174 43,251 44,326 RANGE XI 30,683 31,662 32,643 33,622 34,601 35,582 36,560 37,540 38,520 39,500 40,480 CITY OF MUSKEGON 2017 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES Michigan Minimum Wage is $8.90 as of January 1, 2017 JOB TITLE GRADE 1 GRADE 2 GRADE 3 GRADE 4 GRADE 5 GRADE 6 GRADE 7 STEP 1 STEP 2 8.90 9.23 9.33 9.58 9.84 10.10 10.35 BUILDING FACILITY CARETAKER STEP 3 9.23 9.48 9.74 9.99 10.25 10.51 INTERN, EXCLUDING PARK INTERN STEP 4 9.23 9.48 9.74 9.99 10.25 10.51 10.76 MARINA AIDE PARK RANGER STEP 5 10.25 10.66 11.07 11.48 11.89 12.30 12.71 FACILITY SUPERVISOR I SCHOOL CROSSING GUARD BEACH/PARK RANGERS (PUBLIC SAFETY) STEP 6 10.81 11.58 12.35 13.12 13.89 14.66 15.43 FACILITY SUPERVISOR II ASSISTANT HARBOR MASTER STEP 7 11.42 12.20 12.97 13.74 14.50 15.28 16.04 PARK INTERN STEP 7 A 12.04 12.81 13.58 14.35 15.12 15.89 16.66 FARMER'S MARKET MASTER HARBOR MASTER STEP 7B 14.7 15.23 15.75 POLICE OFFICER (PT) STEP 8 BOARD OF CANVASSERS $65.00 per day BOARD OF REVIEW $75.00 per day RECEIVING BOARD $60.00 per day ELECTION WORKERS (INSPECTORS)$9.50 per hour ELECTION WORKER CHAIRPERSON $12.00 per hour ELECTION WORKER CO-CHAIRPERS $11.00 per hour SALARIES\2017\2017 PT LIMITED TERM NON‐REP SALARIES for distrib STEP 9A 15.00 15.38 15.76 16.15 16.56 16.97 17.40 EVENT SECURITY MANAGER STEP 9B 21.07 22.12 23.19 EVIDENCE/COURT OFFICER START 1,000 HRS 2,000 HRS SERVICE SALARIES\2017\2017 PT LIMITED TERM NON‐REP SALARIES for distrib Date: December 13, 2016 To: Honorable Mayor and City Commissioners From: City Clerk RE: Kitchen 242 Contract SUMMARY OF REQUEST: The City’s agreement with Pioneer Resources to operate Kitchen 242 will expire in January 2017. The kitchen officially opened in July 2015 offering culinary classes and services to food entrepreneurs. The contract calls for the scheduling of the kitchen, educating food entrepreneurs, promotion, meeting local and state laws, reviewing applications, invoicing users, and actively seeking new users. Pioneer Resources has been instrumental in assisting with installation of kitchen equipment and supplying items to the kitchen as well as serving in an advisory capacity. Pioneer Resources has gone through some organizational changes and lost some employees through retirement. Renae Hesselink has taken an active role in the kitchen since its inception at no cost devoting many hours each week. Her attached qualifications speak highly of her background and knowledge. She has been instrumental in seeking and finding grants for the kitchen and Power of Produce. We have asked and she has submitted a proposal to operate the kitchen through September 2017. She has given measurable benchmarks (attached) to mark the success of the plan that she has outlined. FINANCIAL IMPACT: A contract not to exceed $35,000 to be paid from funds allocated by the State of Michigan. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To authorize staff to sign an agreement with Renae Hesselink to operate Kitchen 242 through September 2017. Proposal: The Management of Kitchen 242 @ the Muskegon Farmers Market Proposed by: Renae Hesselink, 1137 Woodcrest St. Muskegon 49442 (231) 670-9722 Statement of Work: Kitchen 242 has been officially open since July 2015. To date the majority of activity in the Kitchen has been culinary classes and several food entrepreneurs. Taking November 2016 as an example and probably the heaviest month in usage that we have had: the kitchen was booked 97 hours out of a possible 696 (excluding the Thanksgiving Holiday), 14% occupancy. Is it realistic that we will fill it 24 hours/day 7 days per week, probably not for a while. Pioneer Resources has been managing the kitchen and doing a very good job at making sure it has been kept clean and booking the schedule, and responding when requests come through. There however has not been much pro-active outreach to engage with potential users other than referring people to the website and touring when requests have come through. All of that work needs to continue however I believe we can do significant outreach to build visibility and keep the possibility of food business start-ups at the forefront of our community. After researching the support that other incubator commercial kitchens in Michigan (ie: Detroit Kitchen Connect @ Eastern Market and the Starting Block in Hart) we need to do much more to support the start-up businesses utilizing Kitchen 242. My proposal consists of the following: • Oversee the cleanliness of the Kitchen. Make sure users are properly cleaning up after themselves and monthly have a cleaning service (with commercial kitchen cleaning experience) come in to do a deeper cleaning to clean spaces like the range hood and filters, ovens, underneath equipment, seals around cooler and freezer doors, all that is needed to keep us compliant with food safety requirements in a commercial kitchen. This will become even more important as the activity levels increase. Mostly due to transition at Pioneer Resources, deep cleaning has not occurred except with the floors. • Work with MDRAD and County Health Department on compliance for licensing, drop-in inspections and resolving any issues that may be found. • Oversee the installation of another range hood and additional equipment and likely will happen in January 2017. • Review applications for kitchen use. Keep files organized. Collecting any deposits for kitchen use. • Walk new users through orientation and make sure they understand their responsibilities as a user. • Booking reservations on the calendar. • Invoicing users on a monthly basis for hours used and storage space utilized. • Creating an on-boarding process for food start-up businesses that not just connects them with potential resources but works closely with them as a support system. • Working with local retailers to encourage them to bring products from our entrepreneurs in to their stores to sell on their retail shelves. • Marketing of the kitchen for use as well as the entrepreneurs that are making products to sell. Just started a blog on the www.kitchen242.com website that will feature them. • Press releases out to the media regularly/monthly • Continue to work with the chefs and other instructors to plan and coordinate culinary classes. They are entrepreneurs too even though they are not selling a product. • Become an active member of the Commercial Kitchen Network in the state of Michigan that meets quarterly. • Work closely with MDARD and MSU Product Center and refer clients to them as well as staying on top of food safety regulations and other hot topics. • Hold quarterly/maybe monthly meetings inviting all entrepreneurs using the kitchen to network and provide an educational topic (ie: utilizing social media in your business) to help them be successful. • Create a monthly newsletter as an outreach tool. We held the food entrepreneur workshop back in October 2016 with 44 people attending and calls since then asking when we are going to schedule another one. We should be communicating something to this group of people to keep them interested. A couple of them were very close and knew what they were doing so making sure K242 opportunity is kept in front of them. • Hold more workshops like the one in October that can help us build our data base, • Watch for and identify potential funding that may help with programming, equipment or help for the businesses working out of K242. • Identify community partners and collaborate with them on various fronts. Promoting the kitchen for us, utilizing time in the kitchen for income or in exchange for services they may be able to provide. • Work closely with the farmers market staff and city staff so that everyone that needs to be in the loop, is. • Tracking the metrics needed to measure success and potential grant opportunities. • Attending the Michigan Good Food Summit and the Michigan Made Food Conference and other related events/meetings that make sense and benefit our work at K242. • Work with Pioneer Resources to establish some light food processing to compliment the gleaning program. • Working with the Muskegon Area Food Hub pilot project to explore what can happen to utilize Kitchen 242 to supply produce to the food hub. • Make sure we are compliant with OSHA (SDS) and any safety requirements. Approach: This would be a part-time approach and I am proposing a period of time through September of 2017 at least, to make significant progress (metrics covered in another section below). The ultimate goal would be to create a full-time kitchen management position that can be paid for by the rental of the space. Implement the business plan. I am proposing a minimum of 20 hours/week initially to create and coordinate the on-boarding process and accomplish some marketing efforts and once a routine is established for some of the supporting systems, 15 hours/week. There will be busier times and I don’t want to remove flexibility from the schedule to miss opportunities. I am used to working on many projects at a time. Methodology: I believe the best methodology that is needed right now is creating more awareness of 1) existence of the kitchen, 2) food start-up potential use and support. There are so many inexpensive ways to market this through presentations, social media, connecting with other kitchens, promoting with the vendors at the farmers market. Investing time right now into creating the on-board process is another necessity as well as telling the stories of those who are currently using the kitchen. We have a comprehensive business plan that needs to be executed. While accomplishing all of that we certainly need to keep the kitchen clean and supporting a certain amount of administrative activities. Qualifications: • More than 35 years working in a business, 20 years in management roles. Experience in the following areas: purchasing, production control, sales, marketing and sustainability. • My current work at Nichols is project based so I am used to managing projects and having to be flexible with my schedule as things drop in. • Bachelor and Master degree in business, undergrad is marketing focused. • ServSafe certified • One year at coordinating the culinary classes at Kitchen 242 • Kitchen 242 advisory team. Co-wrote the business plan for Kitchen 242. • Have been involved in gathering documentation or writing proposals/follow-up for grants received to date for the Kitchen specifically. Schedule and Benchmarks: I propose that we set our benchmark based on usage in November 2016 which is 14% of the available hours. Moving forward setting the following goals: Potential Revenue Based on $15/hour rental fee • By April 2017 – 20% usage $25,416 • By June 2017 – 25% usage $31,770 • September 2017 – 35% usage $44,478 Cost: I propose that we set a not to exceed amount of $35,000 through the end of September 2017. Assuming this would start in January 2017, monthly it would equate to approximately $3800. Fees to attend conferences and quarterly meetings will come out of my fees. I would propose that the City be responsible for the following costs: • On-going cleaning supplies (Pioneer would have an estimate of those costs) • Monthly Cleaning Contractor for a deep clean and quarterly a few more hours to clean the ovens and range hood (average of $200/month) • Annual subscription to Constant Contact (or like system) to be utilized for newsletters and communicating to potential users. • Any major repairs that are needed. • Utilities I would track all of my hours and activities and provide a report monthly. Payment Schedule: Monthly billing of $3800 and the schedule may look like this: • January 31, 2017 – 25/hours/week (pro-rate $1900 for January 15 – January 20th) • February 28, 2017 – 25/hours/week • March 31, 2017 – 25/hours week – will be putting classes together for May – December • April 30, 2017 – 20/hours/week • May 31, 2017 – 20/hours/week • June 20, 2017 – 20/hours week • July 31, 2017 – 20/hours/week • August 31, 2017 – 20 hours/week • September 30, 2017 – 20 hours/week plus attending the Michigan Good Food Summit (additional 12 hours) • October 31, 2017 – 20/hours/week (plus additional 12 hours for attending the Made in Michigan Food Summit) • November 30, 2017 – 15 hours/week • December 31, 2017 – 15 hours/week Quarterly state-wide kitchen connect meetings and other meetings will be added into this schedule as dates become available. Doing Business As: An independent contractor under my own name. Commission Meeting Date: December 13, 2016 Date: December 7, 2016 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Set Public Hearing for Amendment to Brownfield Plan- P & G Holdings NY, LLC SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan Amendment including the opportunity to express their views and recommendations regarding the proposed amendment at the public hearing. The amendment is for the inclusion of property owned by P & G Holdings NY, LLC, located at 920 Washington, 965 W. Western and 1330 Division, in the Brownfield Plan. FINANCIAL IMPACT: Brownfield Tax increment Financing will be used to reimburse the developer for “eligible expenses” incurred in association with development of the Watermark project, which is approximately $9,018,750, as well as $240,000 to be reimbursed to the City of Muskegon for infrastructure improvements (W. Western Avenue). P & G Holdings NY, LLC cost for the development of the property is approximately $30 million in private investment, resulting in a substantial increase in the local and school taxes generated by the property. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on December 6, 2016 and approved the Brownfield Plan Amendment and recommends the approval of the Brownfield Plan Amendment to the Muskegon City Commission. Click here to view the 121316_BROWNFIELD_PLAN_AMENDMENT.pdf RESOLUTION NOTIFYING TAXING UNITS, MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, & MICHIGAN ECONOMIC GROWTH AUTHORITY; AND CALLING PUBLIC HEARING REGARDING APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY City of Muskegon County of Muskegon, Michigan ___________________________________ Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on the 13th day of December, 2016 at 5:30 o'clock p.m., prevailing Eastern Time. PRESENT: Members__________________________________________________________ __________________________________________________________________ ABSENT: Members __________________________________________________________________ The following preamble and resolution were offered by Member _________________ and supported by Member _________________: WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), to create a brownfield redevelopment authority; and WHEREAS, pursuant to Act 381, the City Commission of the City duly established the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared and approved Brownfield Plan Amendments to include the Watermark Project, and WHEREAS, the Authority has forwarded the Brownfield Plan Amendments to the City Commission requesting its approval of the Brownfield Plan Amendments and WHEREAS, prior to approval of the Brownfield Plan Amendments, the Muskegon City Commission desires to hold a public hearing in connection with consideration of the Brownfield Plan Amendments as required by Act 381; and WHEREAS, prior to approval of the Brownfield Plan Amendments, the City Commission is required to provide notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture, the Michigan Department of Environmental Quality (MDEQ), and the Michigan Economic Growth Authority (MEGA) to express their views and recommendations regarding the Brownfield Plan Amendments. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission hereby acknowledges receipt of the Brownfield Plan Amendments from the Authority and directs the City Clerk to send a copy of the proposed Brownfield Plan Amendments to the governing body of each taxing jurisdiction in the City, MDEQ, and MEDC notifying them of the City Commission's intention to consider approval of the Brownfield Plan Amendments [after the public hearing described below]. 2. A public hearing is hereby called on the 10th of January, 2017 at 5:30 p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider adoption by the City Commission of a resolution approving the Brownfield Plan Amendments. 3. The City Clerk shall notice said public hearing. The notice shall be not less than 10 days or more than 40 days before the date set for the public hearing 4. The notice of the hearing shall be in substantially the following form: CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the Muskegon City Commission of the City of Muskegon, Michigan, will hold a public hearing on January 10, 2017, at 5:30 p.m., prevailing Eastern Time in the City Hall Commission Chambers located at 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution approving a Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended. The property to which the proposed Brownfield Plan Amendment applies is: Watermark Project 920 Washington Avenue, 965 W. Western Avenue and 1330 Division Street Muskegon, Michigan 49441 Copies of the proposed Brownfield Plan Amendment are on file at the office of the City Clerk for inspection during regular business hours. At the public hearing, all interested persons desiring to address the City Commission shall be afforded an opportunity to be heard in regard to the approval of the Brownfield Plan Amendments for the City of Muskegon Brownfield Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be open for discussion at the public hearing. FURTHER INFORMATION may be obtained from the City Clerk. This notice is given by order of the City Commission of the City of Muskegon, Michigan. _____________________________ Ann Marie Meisch, City Clerk 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members __________________________________________________________________ __________________________________________________________________ NAYS: Members __________________________________________________________________ RESOLUTION DECLARED ADOPTED. _____________________________ Ann Marie Meisch, City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on December 13, 2016, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. _____________________________ City Clerk Commission Meeting Date: October 25, 2016 Date: December 13, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Authorize Muskegon County to Adopt and Enforce a Storm Water Runoff and Post-Construction Ordinance – SECOND READING SUMMARY OF REQUEST: Staff is requesting the approval of the resolution that will allow Muskegon County to administer and enforce a Storm Water Runoff and Post-Construction Ordinance on behalf of the City of Muskegon. This ordinance will require a landowner to obtain a Storm Water Permit from the County Drain Commissioners office before commencement of a project that includes any of the following: 1) requires Planning Commission approval 2) creates more than 10,000 sf of impervious surface 3) Disturbs, changes, disrupts more than 10,000 sf of existing impervious surface 4) Disturbs more than one acre of land 5) Is within 500 ft of the water’s edge of a drainage course, wetland, lake or stream. The application for a Storm Water Permit is $600 and will be approved or denied within 30 days, however, most reviews can be completed within one to two weeks. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the ordinance COMMITTEE RECOMMENDATION: None 1 City of Muskegon Stormwater Runoff and Post-Construction Control Ordinance An Ordinance to provide for the administration of a stormwater runoff and post construction control program within Muskegon County in order to encourage and regulate the proper use and protection of natural resources, to provide for administration and enforcement, to establish civil penalties for violations, and to provide for reimbursement of costs incurred by the County Enforcing Agency pursuant to this Ordinance. Whereas, land development alters the hydrologic response of watersheds, resulting in increased stormwater runoff rates and volumes, increased flooding, stream channel erosion, sediment transport and deposition, which damages the integrity of stream channels and their biological functions and; Whereas, stormwater runoff produced by land development contributes to increased quantities of water- borne nonpoint pollutants, which can impair and destroy natural resources and; Whereas, increased stormwater runoff rates and volumes, and pollutants associated with stormwater runoff from future development projects within the County will, absent reasonable regulation and control, adversely affect the County's water bodies and water resources, and those of downstream communities, and; Whereas, Federal and State regulations require certain municipalities within and including the County, to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge Elimination System (NPDES), and; Whereas; stormwater runoff and non-point source pollution can be controlled and minimized by the regulation of stormwater runoff from development and adopting the standards, criteria and procedures contained in the Stormwater Runoff and Post-Construction Control Ordinance (Stormwater Ordinance) and implementing it will address many of the harmful effects of stormwater runoff necessary for the preservation of the public health, safety and welfare of the County. Therefore, be it resolved that the governing body of the City of Muskegon supports the Muskegon County Board of Commissioners to adopt a Stormwater Ordinance and, further, authorizes the County of Muskegon to implement and enforce the Stormwater Ordinance within the city in order to facilitate administrative reporting for the requirements associated with this municipality’s stormwater permit requirements. This resolution passed. Ayes: __________________________________________________________________ Nays: __________________________________________________________________ CITY OF MUSKEGON BY: __________________________________ Stephen J. Gawron Mayor ATTEST: __________________________________ Ann Meisch Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission held on October 25, 2016. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By ___________________________ Ann Meisch, City Clerk Storm Water Runoff & Post-Construction Control Ordinance Preamble An Ordinance to provide for the administration of a storm water runoff and post construction control program within Muskegon County in order to encourage and regulate the proper use and protection of natural resources, to provide for administration and enforcement, to establish civil penalties for violations, and to provide for reimbursement of costs incurred by the County Enforcing Agency pursuant to this Ordinance. Whereas, land development alters the hydrologic response of watersheds, resulting in increased storm water runoff rates and volumes, increased flooding, stream channel erosion, sediment transport and deposition, which damages the integrity of stream channels and their biological functions and; Whereas, storm water runoff produced by land development contributes to increased quantities of water-borne nonpoint pollutants which can impair and destroy natural resources and; Whereas, increased storm water runoff rates and volumes, and pollutants associated with storm water runoff from future development projects within the County will, absent reasonable regulation and control, adversely affect the County's water bodies and water resources, and those of downstream communities, and; Whereas, Federal and State regulations require certain municipalities within and including the County, to implement a program of storm water controls. These municipalities are required to obtain a permit for storm water discharges from their Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge Elimination System (NPDES); Now, therefore be it resolved that; storm water runoff and non-point source pollution can be controlled and minimized by the regulation of storm water runoff from development and adopting the following standards, criteria and procedures contained in the Storm water Runoff and Post-Construction Control Ordinance (Storm Water Ordinance) and implementing it will address many of the harmful effects of storm water runoff, therefore, adopting the Ordinance is necessary for the preservation of the public health, safety and welfare of the County. Whereas, after careful study of the proposed Storm Water Ordinance, the Muskegon County Board of Public Works has recommended adoption of the Ordinance to the Muskegon County Board of Commissioners. Therefore, pursuant to the authority set forth in MCL 46.11(j) and MCL 324.9105(3), the Board of Commissioners of the County of Muskegon, Michigan, ordains: 1 Article 1. Short Title This Ordinance shall be known, and may be cited, as the “Muskegon County Storm Water Runoff and Post Construction Control Ordinance.” All Articles, Sections, and other topical headings are for reference only and shall not be construed to be part of this Ordinance. Article 2. Authority, Purpose, and Adoption of Rules 2.1. Authority 2.1.1. Applicable Statutes The Storm water Ordinance is adopted in accordance with the Drain Code of 1956, as amended, being Act 40 of 1956, MCL 280.1, et seq.; the Land Division Act 288 of 1967, as amended, being MCL 560.101, et seq.; the Condominium Act 59 of 1978, as amended, being MCL 559.101, et. seq. the Revenue Bond Act of 1933, as amended, being MCL 141.101, et seq.; the Natural Resources and Environmental Protection Act, as amended, being MCL 324.101, et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Parts 9, 122, 123 and 124; and other applicable state and federal laws. 2.1.2. Jurisdictional Overlap This Ordinance shall not apply to properties within a city, village, or township in the County provided that the local municipality adopts an ordinance that is consistent with this Ordinance. The legislative body of a city, village, or township may adopt a resolution authorizing the County to implement the Ordinance within their jurisdiction to facilitate administrative reporting for requirements associated with state permit requirements. 2.2. Purpose The purpose of this Ordinance is to set forth the minimum requirements for storm water management and control to protect public health, safety, and welfare within Muskegon County by providing for the administration and enforcement of the Muskegon County Storm Water Runoff and Post Construction Ordinance. No person, corporation, or governmental entity shall maintain or undertake an activity or earth change that alters infiltration and is governed by this Ordinance, except in compliance with this Ordinance, and pursuant to a Storm Water Permit issued by the County Enforcing Agency, if required. 2 Article 3. Definitions 3.1. Definitions. The County hereby adopts by reference the definitions herein. In addition, the following definitions shall apply in the interpretation and enforcement of this ordinance: 3.1.1. Cease and Desist Order - An order that stops the work on a project due to a violation of this Ordinance or until said violation is corrected. 3.1.2. County Enforcing Agency (CEA) - An agency designated by the Muskegon County Board of Commissioners pursuant to be responsible for the administration and enforcement of this Ordinance. 3.1.3. Design storm - A rainfall event that has a specific statistical probability of occurring in any given year. For example, a 2-year design storm is a storm with a 50 percent chance of occurring during the year. Design storm figures are used to calculate the runoff volume and peak discharge rate through a detention or retention basin or other storm water management facility. 3.1.4. Detention - A system which is designed to capture storm water and release it over a given time period through an outlet structure at a controlled rate. 3.1.5. Discharge - The rate of flow of water through an outlet structure at a given point and time, measured in cubic feet per second (cfs). 3.1.6. Drain – Any drain maintained by the County Road Commission and any drain as defined in the Drain Code of 1956, as amended, being MCL 280.1, et. seq., other than an established county or inter-county drain. 3.1.7. Earth Change - A human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the State. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production. 3.1.8. Enforcing Agent - A person designated by the County Enforcing Agency to carry out the provisions of this Ordinance. 3.1.9. Excess runoff - Surface runoff that cannot be accommodated satisfactorily by the natural or planned drainage systems. 3.1.10. Illicit Connection – Any method or means for conveying an illicit discharge into water bodies or the Community's storm water system whether enclosed or an open water ditch. 3.1.11. Impervious surface - Impermeable surfaces, such as buildings, paved driveways, parking areas, or roads which prevent the infiltration of water into the soil. 3 3.1.12. Infiltration - the process by which water on the ground surface enters the soil. Infiltration rate in soil science is a measure of the rate at which soil is able to absorb rainfall or irrigation. It is measured in inches per hour or millimeters per hour. The rate decreases as the soil becomes saturated. If the precipitation rate exceeds the infiltration rate, runoff will usually occur unless there is some physical barrier. It is related to the saturated hydraulic conductivity of the near-surface soil. 3.1.12. Lake - Means the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, 1 acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water. 3.1.13. Muskegon County Department of Public Works - The County Agency responsible for administration and enforcement of this ordinance in the name of the County of Muskegon, and including agents acting on behalf of or appointed by the Muskegon County Drain Commissioner for the administration and enforcement of this Ordinance. 3.1.14. Mitigation - Actions taken or required by the County Enforcing Agency to temporarily or permanently bring a parcel of land into compliance with this Ordinance. 3.1.15. National Pollutant Discharge Elimination System (NPDES) Storm Water Permit – a permit issued by the Michigan Department of Environmental Quality under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis. 3.1.16. Notice of Completion - Upon satisfactory execution of the approved plans, permit conditions and other requirements imposed under this Ordinance, the landowner shall provide notice of completion to the County Enforcing Agency. 3.1.17. Notice of Intent to File Lien - Written notice to the owner of a property of intent to file a property lien to secure repayment of mitigation expense, including legal expense associated with a particular mitigation effort. Outstanding liens on property will be collected according to Article 7, “ for Expense”. 3.1.18. Notice of Intent to Mitigate - Notice to the owner of a property in violation of this Ordinance of intent to conduct mitigation to bring the site into compliance with this Ordinance. 4 3.1.19. Notice of Taking Action - Legal notice to the owner of a property in violation of this Ordinance of action already taken to remove an immediate threat to natural resources, property or public safety. 3.1.20. Notice of Violation - Written notice to the owner of a property that activity at that site is in violation of this Ordinance. The Notice of Violation shall contain a description of the violation, what must be done to remedy the violation, and the time frame in which such corrective action must be taken. 3.1.21. Outfall - The point where water flows out from a conduit, drain, or stream. 3.1.22. Outlet - A stream or facility discharging the flow from a basin, drain, or other storm water management facility. 3.1.23. Peak Rate of Discharge (peak flow) - The maximum calculated rate of storm water flow at a given point in a channel, watercourse, or conduit resulting from a predetermined frequency storm or flood, measured in cubic feet per second (cfs). 3.1.24. Pollutant - A substance discharged which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, paints, varnishes and solvents, cooking grease, detergents, degreasers, cleaning chemicals, herbicides, pesticides, floatables, fecal coliform and pathogens, concrete and cement, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment, industrial, municipal, commercial and agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act. 3.1.25. Regional Detention Basin - A basin to detain water flow from a number of development sites or a small watershed. 3.1.26. Retention - A system which is designed to capture storm water and contain it until it infiltrates into the soil or evaporates. 3.1.27. State of Michigan Water Quality Standards - All applicable State rules, regulations, and laws pertaining to water quality, including the provision of Section 3106 of Part 31 of Public Act 451 of 1994, as amended. 3.1.28. Storm frequency - The average period of time during which a storm of a given duration and intensity can be expected to be equaled or exceeded. 3.1.29. Storm water management a. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by human-made changes to the land; and 5 b. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. 3.1.30. Storm water Runoff - The runoff and drainage of precipitation resulting from rainfall or snowmelt or other natural event or process. 3.1.31. Stream - A river, creek, or other surface watercourse which may or may not be serving as a drain, as defined in the drain code, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes. 3.1.32. Wetland - Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the following: i. Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream. ii. Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5 acres in size. iii. Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less in size if the Michigan Department of Environmental Quality (MDEQ) determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the MDEQ has so notified the owner. Article 4. Administration and Enforcement 4.1. County Enforcing Agency - The Muskegon County Drain Commissioner is the County Enforcing Agency responsible for administering and enforcing this ordinance within Muskegon County, except for those areas of the county where a local (MS4) municipal program is in effect. The County may contract with another local unit of government, municipal department, or other experienced and qualified individuals, parties or entities that would assist the County in performing site reviews, surveys, inspections, or monitoring. 4.2. Relief from Personal Responsibility - The County Enforcing Agency, or any other county employee or officer charged with duties and responsibilities pursuant to this Ordinance, while acting within the scope of their authority, are hereby relieved from all personal liability for damages to persons or property resulting from the exercise or discharge of their duties. Any civil or criminal action brought against an officer or employee of the County, while acting within the scope of authority granted under this Ordinance, may be defended by the legal representative of the County until final termination of proceedings. If a judgment for damages is awarded against the above mentioned officers or employees as a result of a civil action for personal injury or property damage caused while acting within the 6 scope of the individual’s employment or while acting within the scope of authority of this Ordinance, the County of Muskegon may pay, or compromise, the judgment. 4.3. Duties of the County Enforcing Agency - It shall be the responsibility of the County Enforcing Agency to enforce the provisions of this Ordinance, and in doing so, to perform the following duties: 4.3.1. Review Storm Water Permit Applications and Plans Applications for permits required by this Ordinance shall be submitted to the County Enforcing Agency on the forms provided by the County Enforcing Agency and shall contain all required and/or necessary information to allow the County Enforcing Agency to evaluate the application. The County Enforcing Agency is not required to evaluate incomplete applications or applications submitted without the required or necessary information or supporting documentation. Storm Water Permit applications and plans will be reviewed in accordance with the rules defined under 5.1. 4.3.2. Issue Permits and Certificates The County Enforcing Agency shall issue Storm Water Permits when applicable provisions of this Ordinance have been fulfilled. 4.3.3. Maintain Records Records for active Storm Water Permits shall be available for public inspection during regular business hours. Upon written request, copies of documents may be furnished at cost to any person consistent with policy of the Board of Commissioners. 4.3.4. Mitigation The County Enforcing Agency may, but is not required to, conduct such activity as is deemed necessary to remove an immediate threat to environmental resources, property or public safety in accordance with the Drain Code of 1956, as amended, being Act 40 of 1956, MCL 280.1, et seq.; the Land Division Act 288 of 1967, as amended, being MCL 560.101, et seq.; the Condominium Act 59 of 1978, as amended, being MCL 559.101, et. seq. the Revenue Bond Act of 1933, as amended, being MCL 141.101, et seq.; the Natural Resources and Environmental Protection Act, as amended, being MCL 324.101, et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Parts 9, 122, 123 and 124; and other applicable state and federal laws. 4.3.5. Prepare Invoices and Record Liens Invoices for mitigation expense shall be mailed by certified mail to the owner(s) of the land on which the violation occurred. Pursuant to MCL 324.9120, property liens against the land in violation shall be recorded at the Muskegon County Register of Deeds for all invoices remaining unpaid thirty (30) days after mailing. The owner of the land shall be responsible for all costs associated with the recording and subsequent release of a lien. 7 4.3.6. Legal Remedy The County Enforcing Agency shall have all legal remedies available under this Ordinance which include, but are not limited, to the issuance of a Notice of Violation, a Cease and Desist Order, and/or a municipal civil infraction citation to the property owner, contractor, or individual who is not the property owner and who violates this Ordinance. The County Enforcing Agency may also take other legal action deemed appropriate against an individual or the owner of a property in violation. 4.3.7. Official Copies The County Enforcing Agency shall maintain one official copy of this Ordinance, which shall be available for public inspection during regular office hours. 4.3.8. Inspections The County Enforcing Agency is empowered to conduct inspections of property in order to properly carry out the enforcement of this Ordinance. 4.3.9. Document Retention Permits, plans and associated documents for all projects, permitted under this ordinance, may be disposed of twenty-five years after filing the final construction certification and coinciding with termination of post construction maintenance responsibilities. 4.4. Interpretation The County Enforcing Agency shall have full authority to make interpretations as to the scope and applicability of this Ordinance, including but not limited to determinations of violations, acceptability of plans and sureties, necessity for mitigation, and substantial completion. All such determinations by the County Enforcing Agency are considered final. 4.5. Fees, Fines and Sureties 4.5.1. Fees and Fines. The County shall periodically adopt a schedule of fees and fines to cover the cost of administration and enforcement of this Ordinance. Adjustment of the schedule of fees and fines will not invalidate other provisions of this Ordinance. All permit fees shall be doubled if work starts without a permit. 4.5.2. Sureties. Financial surety in a form acceptable to the County Enforcing Agency may be required as a condition of a Storm Water Permit. Surety is required for all commercial Storm Water Permits with disturbances of 3 acres or more. At the permittee’s choosing, the surety shall be in the form of cash, bond, certified check or irrevocable bank letter of credit in forms acceptable to the County Enforcing Agency. 8 4.5.3. Return of Surety. Unused portion of sureties shall be returned within sixty (60) days after filing the final construction certification with the County Enforcing Agency. Article 5. Application, Plan, Approval Standards, and Post Construction Standards 5.1. Application A person, corporation, or governmental entity shall not maintain or undertake an earth change governed by this Ordinance, except in compliance with this Ordinance. The Storm Water Permit Application form and Storm Water Permit form shall contain all information required by this Ordinance. An Application, together with instructive information as deemed appropriate, shall be provided at no cost to each applicant by the County Enforcing Agency. The County Enforcing Agency shall approve or deny an application for a Storm Water Permit within 30 days after the filing of a complete application for a Storm Water Permit and the payment of the appropriate fees and sureties. 5.2. Storm Water Plan, Approval Standards, Construction Certification, and Post Construction Maintenance A person shall prepare a storm water control plan for any earth change identified under 5.3.1. A person shall design the plan in accordance with current Best Management Practices (BMPs) or Low Impact Design (LID) methods for storm water management to effectively reduce and control storm water flows, retain / detain waters on-site, and reduce peak discharge rates. The plan shall include, but not be limited to, all of the following: 5.2.1. Storm Water Plan The plan shall include, but not be limited to, all of the following: i. A map(s) at a scale of not more than 200 feet to the inch or as otherwise determined by the County Enforcing Agency; including a legal description and site location sketch that includes the proximity (within 50 feet of the property boundary) of any proposed earth change to lakes, streams, regulated wetlands, drainage courses, or all; predominant land features; and contour intervals or slope description. ii. A soils survey or a written description of the soil types of the exposed land area contemplated for the earth change. iii. A description and the location of the physical limits of each proposed earth change. iv. A description and the location of all existing and proposed on-site drainage, storm water management, and dewatering facilities (e.g., rain gardens, swales, leach basins, recessed landscape islands, roof retention, cisterns, and detention or retention ponds). v. The timing and sequence of each proposed earth change. 9 vi. A description and location of all storm water discharge points. 5.2.2. Approval Standards The plan, or associated narrative, shall provide a description of how the storm water control measures to be implemented and outlined within the plan shall meet the published standards of the Municipal Storm Water Committee will: 5.2.3. Construction Certification A certification letter shall be submitted to the County Enforcement Agency after storm water control measures have been installed to affirm that construction has been completed in accordance with the Storm Water Permit and plan. This certification shall be prepared by a licensed civil engineer, land surveyor, architect, and/or landscape architect; unless a specified certification was required by the County Enforcement Agency. 5.2.3. Post Construction Maintenance The plan, or associated narrative, shall provide a proposal for the continued maintenance of all storm water control measures that remain after project completion; including the designation of the person or entity responsible for the ongoing operation, inspections, and maintenance of storm water facilities and measures. Maintenance responsibilities shall be recorded with the property at the Muskegon County Register of Deeds; and shall: i. Be in effect for a period of 25 years from the date of the final construction certification. ii. Become a part of any sales or exchange agreement, and run with the property for the land on which the storm water control measures are located. iii. Include regular inspections (minimum of every five years) of the storm water control measures by a licensed civil engineer attesting to the capability of the system to manage and treat storm water as the system was original designed; and provide inspection reports to the County Enforcement Authority. iv. Specify responsibilities for financing maintenance and emergency repairs. v. Provide the County Enforcement Agency legal authority to enter the property, at reasonable times, for purposes of conducting on-site inspections; which may include water sampling and flow measurements. 5.3. Permit 5.3.1. Permits Required: 10 A landowner or designated agent who contracts for, allows, or engages in, an earth change within the jurisdiction of the County Enforcing Agency shall obtain a Storm Water Permit from the County Enforcing Agency before commencing an earth change which: i. Requires local site plan or plat approval; or ii. Creates more than ten thousand (10,000) square feet of impervious surface; or iii. Disturbs, changes, disrupts more than ten thousand (10,000) square feet of existing impervious surface; or iv. Disturbs 1 or more acres of land; or v. Is within 500 feet of the water's edge of a drainage course, wetland, lake or stream. 5.3.2. Permit Exemptions: This ordinance shall not apply to: i. Existing roads under the control of the Muskegon County Road Commission or local municipality; including work related to maintenance and replacement. ii. Agricultural property (and buildings directly related to their operations) as designated under the definitions according to the Michigan Department of Agriculture and Rural Development and protected under Michigan’s Right to Farm Act. 5.3.3. Permit Expiration, Extension, and Termination: 5.3.3.1 Expiration: Storm Water Permits shall expire on the date indicated on the permit. 5.3.3.2 Extension: The holder of a valid permit must request an extension of coverage, if necessary, no later than ten (10) days prior to the expiration date. Any such request must be in writing and must be accompanied by all supporting documentation and applicable extension fees, if any. The maximum allowable time extension will be one (1) year from the original expiration date. An extension does not release the owner or the surety on a bond, or the person furnishing an irrevocable letter of credit, or a person furnishing a cash bond from their responsibilities and/or liabilities thereunder. 5.3.3.3 Construction Not Begun: Storm Water Permit coverage will automatically terminate if construction has not commenced within one (1) year of the date of issuance. A new plan and application, 11 with fees, are required to obtain a Storm Water Permit for any site where a permit has been terminated for any reason. 5.3.3.4 Application After Termination: A new plan and application, with fees, are required to obtain a Storm Water Permit for any site where a permit has been terminated for any reason. 5.3.4. Permit Suspension, Revocation and Reinstatement: A Storm Water Permit issued under this Ordinance may be revoked or suspended at the discretion of the County Enforcing Agency and may not be the basis for any further work on a project until the permit is reinstated by the County Enforcing Agency following a determination that the reasons for the suspension or revocation have been resolved to the satisfaction of the County Enforcing Agency. Once one of the factors outlined below is established by the County Enforcing Agency, the decision whether to suspend or revoke a permit shall be within the discretion of the County Enforcing Agency. A Storm Water Permit may be suspended or revoked for any of the following reasons: i. A violation of a condition of the Storm Water Permit, including the approved Storm water plan. ii. Misrepresentation or failure to fully disclose relevant facts in the application or plan. iii. A change in land ownership without written notification to the County Enforcing Agency. iv. Permitted work already in progress is abandoned or suspended for a period beyond the permit expiration date. 5.3.5. Permit Transfers: Whenever a property changes ownership, the permit and all responsibilities including conditions of issuance, fees, fines, and penalties owed, shall be transferred to the new landowner. Transfer of the permit shall be made by completing a form provided by the County Enforcing Agency, with signature of the new landowner, and then submitting the completed form to the County Enforcing Agency. The fee for the transfer shall be as listed on the schedule of fees. 5.3.6. Permit Waiver: In lieu of on-site storm water facilities and measures, the use of regional or off-site storm water facilities and measures may be proposed. In such cases, the applicant may request a waiver of the requirements for on-site storm water runoff control. The waiver request shall be submitted to the County Enforcing Agency with a permit application for a Storm Water Permit. Waivers for on-site detention or retention may be considered for the following: 12 i. Shared off-site storm water control areas may be proposed between two or more property owners or developments, provided that maintenance agreements have been approved by the County Enforcing Agency and storm water drainage easements have been obtained and recorded among the property owners also naming the authority in the easement. ii. Storm water harvesting/reuse or treatment plans may be considered by the County Enforcing Agency; especially in the case of a contaminated site. Article 6. Enforcement 6.1. Enforcement This Ordinance shall be enforced by the County Enforcing Agency. The County Enforcing Agency may use any enforcement method or technique allowed, including but not limited to the issuance of a letter providing Notice of Violation, that may or may not allow for time to correct the violation prior to any further or additional enforcement actions, citations, civil infractions, cease and desist orders, or may revoke a Storm Water Permit upon finding that there is a violation of this Ordinance, and may pursue such legal action as may be necessary to correct a violation including but not limited to seeking an injunction to restrain or prevent violations of the Ordinance. 6.2. Municipal Civil Infractions; Authorized Enforcement Officials; Violation Bureau 6.2.1. Municipal Civil Infractions. Violation of this Ordinance shall be a municipal civil infraction, as authorized under Chapter 87 of 1961 PA 236, as amended, and other applicable laws. A violation includes any act that is prohibited or made or declared to be unlawful, and any omission or failure to act where the act is required by this Ordinance. Each day that a violation exists constitutes a separate infraction. 6.2.2. Authorized Enforcement Officials. Muskegon County Storm Water Enforcing Agents and deputies of the Muskegon County Sheriff’s Office are authorized to issue municipal civil infraction citations for violations of this Ordinance. Muskegon County Storm Water Enforcing Agents are authorized to issue notice of violations and cease and desist orders. 6.2.3. Municipal Civil Infractions Violations Bureau. The Municipal Civil Infractions Violations Bureau, for disposition of violation notices issued under this Ordinance, shall be located at the Muskegon County Department of Public Works, 131 E. Apple Ave., Muskegon, MI 49442. 6.3. Violations and Penalties; Injunction 13 6.3.1. A person who violates this Ordinance or any Notice of Violation or cease and desist order issued under this Ordinance is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not less than $150.00, and not more than $2,500.00, plus all costs of enforcement. 6.3.2. A person who knowingly makes a false statement in an Application or in a Storm water plan is responsible for a civil fine of up to $2,500.00 for each day of violation, plus all costs of enforcement. 6.3.3. A person who knowingly continues to violate this Ordinance after receiving a Notice of Violation is responsible for payment of a civil fine for each day the violation continues to exist, plus all costs of enforcement. 6.3.4. A default in payment of a civil fine or costs ordered under this section may be remedied by any means authorized under the Revised Judicature Act of 1961, 1961 PA 236, being sections 600.101 to 600.9948 of the Michigan Compiled Laws as amended. 6.3.5. In addition to any fines and costs assessed under this section, a person who violates this Ordinance is liable to the State of Michigan for any damages for injury to, destruction of, or loss of natural resources resulting from the violation. 6.3.6. Notwithstanding the existence or pursuit of any other remedy, the County may maintain an action in a court of competent jurisdiction for monetary damages and may request an injunction or other process against a person to restrain or prevent violations of this Ordinance. 6.4. Enforcement Costs and Fines 6.4.1. Costs of Enforcement. The County Enforcing Agency shall maintain a record of all expenses relative to the enforcement of this Ordinance. Costs of Enforcement specifically include but are not limited to all investigative costs, court costs (including witness fees), and legal or attorney fees. 6.4.2. Fines. Fines levied and paid pursuant to legal action undertaken by the County Enforcing Agency shall be deposited with the County, and shall be used for enforcement of this Ordinance. Landowners, authorized agents, on-site responsible persons, contractors and other individuals undertaking an earth change in violation of this Ordinance are subject to the penalties prescribed herein. 14 6.4.3. Payment. All persons that receive municipal civil infraction violation notices shall have thirty (30) days to pay the fine to the Muskegon County Department of Public Works office. If responsibility is denied or the fine is unpaid after thirty (30) days, a municipal civil infraction citation shall be filed with the District Court for resolution pursuant to Chapter 87 of the Revised Judicature Act, MCL 600.8701 et seq. Either party may request a formal hearing before a judge. Article 7. Reimbursement for Expense 7.1. Reports. It shall be the duty of the County Enforcing Agency to report to the Board of Commissioners, no later than the last Wednesday in September of each year, all unpaid property liens filed in conjunction with this Ordinance. 7.2. Assessment. It shall be the duty of the County Treasurer to place on the winter tax statement of each property for which there is an amount outstanding the full amount of the outstanding lien. Article 8. Severability If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Article 9. Conflict of Authority Nothing in this Ordinance shall be interpreted to conflict with present or future state or federal statutes in the same subject matter. Conflicting provisions of this Ordinance shall be abrogated to the extent of the conflict. The provisions of this Ordinance shall be construed, if possible, to be consistent with and in addition to relevant federal and state regulations and statutes. In their interpretation and application, the provisions of this Ordinance shall be liberally construed in favor of achieving the objectives of this Ordinance, and shall not be deemed a limitation or repeal of any other powers granted by state statutes. Where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. If there is another ordinance that is inconsistent, the terms of the Ordinance that promotes the objectives of this Ordinance to the greatest extent shall apply. This Ordinance is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Article 10. Savings Clause This Ordinance shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this 15 Ordinance takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent if this Ordinance had not been adopted. Article 11. Effective Date This Ordinance shall take effect 30 days following its acceptance by the Muskegon County Board of Commissioners and shall be published in a newspaper of general circulation in Muskegon County. Moved by Commissioner _______, seconded by Commissioner _________, to (approve/denyt) . Roll Call: Yes: No: Motion Carried I, Nancy A. Waters, Muskegon County Clerk, Muskegon, Michigan, do hereby certify that the foregoing Ordinance was adopted by the Board of Commissioners at a regular meeting on (date), 2015. In testimony whereof, I have hereunto set my hand and affixed the seal of the 14th Circuit Court this __ day of _____, 2016. ___________________________________ Nancy A. Waters, Muskegon County Clerk 16 Date: December 13, 2016 To: Honorable Mayor and City Commissioners From: City Clerk RE: Community Relations Committee Recommendations SUMMARY OF REQUEST: To concur with the recommendation from the Community Relations Committee to accept the resignation of Blanche Smith from the Planning Commission and to appoint Susan Harrison Wolffis to the District Library Board. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the recommendations. COMMITTEE RECOMMENDATION: To concur with the recommendation from the Community Relations Committee. Date: December 7, 2016 To: Honorable Mayor and City Commissioners From: Frank Peterson, City Manager RE: Appointment of Representative to Recreation Authority Steering Committee SUMMARY OF REQUEST: To appoint a representative of the City of Muskegon to the Recreation Authority Steering Committee. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To make an appointment to the Recreation Authority Steering Committee. Commission Meeting Date: December 13, 2016 Date: December 6, 2016 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request to Create a new Neighborhood Enterprise Zone district at 285 W Western Ave SUMMARY OF REQUEST: Pursuant to Public Act 147 of the Michigan Public Acts of 1992, the developer of the Highpoint Flats project has requested to create a new Neighborhood Enterprise Zone (NEZ) district for the parcel at 285 W Western Ave. Properties located in this NEZ district will be eligible to apply for NEZ certificates, which will lower the residential property taxes on rehab construction. Notice letters were sent to the taxing jurisdictions on June 20 and a public hearing was held on June 28. State law requires that the resolution must be adopted at least 60 days after the notice letters were sent. This project will include 47 apartments units. FINANCIAL IMPACT: No financial impact at this point. However, being in a district will allow them to apply for a rehab NEZ certificate, which will freeze the building at its pre-rehabilitated rate for 1 to 15 years. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the new NEZ district. COMMITTEE RECOMMENDATION: None Resolution No. ________ MUSKEGON CITY COMMISSION RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE DISTRICT WITHIN THE CITY OF MUSKEGON WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone districts within the City, and; WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone district to a new location within the City, and; WHEREAS, notices were sent to the local taxing jurisdictions on June 20, 2016, and; WHEREAS, a public hearing was held regarding the creation of this new district on June 28, 2016; and WHEREAS, the new district boundaries will include the property known as “Hackley Union Bank (285 W Western Ave, property #24-234-000-0001-00) ,” as shown in Attachment A, and; WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon will not exceed 15% of the total square footage of the City; NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in the City of Muskegon have been approved. Adopted this 13th day of December, 2016. Ayes: Nays: Absent: By: __________________________ Stephen J. Gawron, Mayor Attest: _________________________ 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 December 13, 2016. By: ________________________ Ann Meisch City Clerk Attachment A Commission Meeting Date: December 13, 2016 Date: December 8, 2016 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Sale of City-owned Home at 1477 Nolan SUMMARY OF REQUEST: To approve the attached resolution and instruct the Community and Neighborhood Services department to complete the sales transaction with Rhonda K Brower for the newly constructed home at 1477 Nolan Ave: purchase price $125,000. FINANCIAL IMPACT: The proceeds from the sale will be used to continue the rehabilitation of affordable homes through the HOME program and provide funding for our Homebuyer’s Assistance Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. COMMITTEE RECOMMENDATION: None. MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE SALE OF HUD PROPERTY AT 1477 NOLAN AVE WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the sale of the property at 1477 Nolan Ave to Rhonda K Brower. This home has been newly constructed by Community and Neighborhood Services Department through the Home-Buyer Program. Adopted this 13th of December, 2016. Ayes: Nays: By ______________________________ Stephen J. Gawron, Mayor By ______________________________ Ann Marie Cummings, MMC City Clerk AM_Resolution COMMISSION MEETING DATE: December 13, 2016 Date: December 8, 2016 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Professional Service Agreement (SAFE built) _______________________________________________________ SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission review and authorize this Professional Service agreement between the City of Muskegon and SAFE built LLC. SAFE built has performed satisfactorily since the fall of 2012, said contract expires this month. The new service contract has expanded SAFE built’s responsibilities to included but not limited to “Dangerous Abandon Buildings”. The contract reflects adjusted shared percentages and other financial adjustments to effectively perform and enhance the quality of service SAFE built are to provide. The proposed agreement is to commence this month 2016, and concluded on December 31st, 2024. Included in the attached service agreement are the following exhibits which forward; Scope of Service, Fee Schedule, Performance Standard(s), and Lease Agreement. FINANCIAL IMPACT: Budgeted – the goal is to be cost neutral BUDGET ACTION REQUIRED: Adjusted 2017 Fee schedule STAFF RECOMMENDATION: Staff recommends approval of proposed new professional service agreement between the City of Muskegon & SAFE built of Troy, Michigan.
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