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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 10, 2017
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Gaming License Request from Harbor Hospice Foundation City Clerk
C. Gaming License Request from Flyin’ Heroes City Clerk
D. Special Event Liquor License – Farmers Market City Clerk
E. MDOT Performance Resolution Department of Public Works
F. Agreement for Engineering Services with Charles Wiggins Engineering
G. Amendment to the Zoning Ordinance – Waterfront Industrial Planned
Unit Development (WI-PUD) Planning & Economic Development
REMOVED PER STAFF REQUEST
H. Termination of “The Watermark” Project Brownfield Redevelopment
Authority Plan (May, 25, 2004) Planning & Economic Development
I. Adopt a Resolution to Authorize the Red Project to Operate in the City
of Muskegon City Manager
□ PUBLIC HEARINGS:
A. Public Hearing for Brownfield Plan Amendment and Development and
Reimbursement Agreement for P & G Holdings NY, LLC Redevelopment
Project (Watermark) Planning & Economic Development
□ COMMUNICATIONS:
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□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Approval of a Neighborhood Enterprise Zone Certificate – 920
Washington Avenue & 965 W. Western Avenue Planning &
Economic Development
B. Approval of a Neighborhood Enterprise Zone Certificate – 285 W.
Western Avenue Planning & Economic Development
REMOVED PER STAFF REQUEST
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
1456 Park Street
1290 Wood Street
768 Marcoux
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: January 5, 2017
Here is a quick outline of the items on our agendas (both agendas are pretty full):
WORKSESSION:
1. We will be accepting a $2500 tree grant from Consumers Energy!
2. We will consider a Resolution in support of the Red Project – which is a needle exchange
program based in Grand Rapids.
3. We will have a number of items to discuss regarding the Watermark Development,
including their Brownfield Plan and their NEZ request.
4. We will discuss the proposal for the change in the Waterfront PUD zoning to remove
aggregate storage as an allowed use.
5. We will have an update on Highpoint Flats.
REGULAR SESSION
1. Under the consent agenda, we are asking the Commission for approval of the following:
a. Last meeting’s minutes.
b. A gaming license request from Harbor Hospice
c. A gaming license request from Flyin’ Heroes
d. A special event liquor license for the Farmers’ Market’s upcoming fundraiser.
e. A Resolution permitting certain city work in the MDOT right of way.
f. An agreement for engineering services with former employee Charlie Wiggins.
g. Amendment to the zoning ordinance related to Waterfront PUD Districts.
h. Termination of the 2004 Watermark Project Brownfield Redevelopment Plan.
2. Under new business, we will be asking the Commission to approve the following:
a. Approval of the Watermark NEZ Certificate
b. Approval of the Highpoint Flats NEZ Certificate
c. The demolition of three structures as recommended by the HBA
Date: January 4, 2017
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the December 12, 2016
Worksession Meeting and the December 13, 2016 Regular City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, December 12, 2016
Muskegon City Commission Chambers
933 Terrace Street, Muskegon, MI 49440
5:30 PM
Minutes
2016-91
Present: Commissioners Rinsema-Sybenga, Johnson, Gawron, and Warren
Absent: Commissioners German, Turnquist, and Hood
Transmittal of 6/30/16 Comprehensive Annual Financial Report
Eric VanDop of Brickley Delong presented the 2016 Comprehensive Annual Financial
Report. He reviewed the report with Commissioners and answered any questions. The
City did receive the highest grade allowed on the report. Mr. VanDop did point out that
the MERS retirement system is underfunded and adjustments will be needed in the
future. He thanked the Finance Division for their hard work and efforts.
Professional Services Agreement (SAFEbuilt)
A draft agreement was presented to the Commission. Small changes are still needed to
the document and then it will be brought to the Commission for a vote.
2016 User Fee Update
City Commissioners asked questions of staff of the proposed 2016 user fees.
City Commission will consider this request at its December 13, 2016 meeting.
2017 Salary Schedule and Fringe Benefits for Non-Represented Employees
At this time the City Manager is recommending a $2,000 one-time increase for all non-
union employees. The salary schedule will be reviewed for further consideration at a
future meeting.
Adjournment
Moved by Johnson, seconded by Rinsema-Sybenga, to adjourn the meeting at 8:40
p.m.
MOTION PASSES
______________________________
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 13, 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, Commissioners Ken Johnson, Debra Warren,
Willie German, Jr., Dan Rinsema-Sybenga, and Byron Turnquist, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Vice Mayor Eric Hood
HONORS AND AWARDS:
A. City of Muskegon Employees – Years of Service Awards
Certificate of Appreciation presented to employees present.
2016-92 CONSENT AGENDA:
A. Approval of Minutes City Clerk
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.
B. Park Reservation Software Department of Public Works
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 plus transaction fees.
BUDGET ACTION REQUIRED: None. Funds were added to capital
improvement in 1st Quarter Budget Reforecast.
STAFF RECOMMENDATION: To authorize staff to enter into a contract with
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Active Network to provide software and services for a Park Reservation system
that will allow online booking and payments.
C. Transmittal of 06/30/16 Comprehensive Annual Financial Report
Finance Director
SUMMARY OF REQUEST: The City’s June 30, 2016 Comprehensive Annual
Financial Report (CAFR) has been distributed to City Commissioners via email
and hard copy. The CAFR is 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.
D. 2016 User Fee Update Finance
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed are highlighted on the
attached spreadsheet and significant changes include:
• 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.
E. Request to Deny & Accept Properties that did not Sell During the Tax
Sale for 2016 Planning & Economic Development
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
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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.
F. All Season Rescue Water Craft (Fire) Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $67,500.00 for a 20 foot 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 horse power motor. The vessel comes with
a venture trailer for swift and easy deployment when and where it is 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: None. 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.
G. Renaissance Zone: Third Amendment to Development Agreement –
City of Muskegon and Parkland Muskegon, Inc. Planning &
Economic Development
SUMMARY OF REQUEST: To approve the Development Agreement between the
City of Muskegon and Parkland Muskegon, Inc.
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
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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 High-Point 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.
H. Purchase of 235 Monroe Community & Neighborhood Services
SUMMARY OF REQUEST: To approve the purchase of the property located at
235 Monroe Avenue from Henry and Joanne Brown for the amount of $4,000.
The City currently owns the adjacent parcel at 239 Monroe Avenue.
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.
I. Approval of a Neighborhood Enterprise Zone Certificate-335 Terrace
Point Circle Planning & Economic Development
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.
J. Approval of a Neighborhood Enterprise Zone Certificate – 347 Terrace
Point Circle Planning & Economic Development
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
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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.
K. Salt Spreader DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase two 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 two Henderson FHS
Salt Spreaders from Arista Truck Systems.
M. 2017 Salary Schedule and Fringe Benefits for Non-Represented
Employees City Manager
SUMMARY OF REQUEST: To approve and adopt the two proposed salary
matrixes 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 two proposed salary
matrixes for non-represented employees for 2017.
N. Kitchen 242 Contract City Clerk
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
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the kitchen since its inception at no cost, devoting many hours each week. Her
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 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.
O. Set Public Hearing for Amendment to Brownfield Plan – P & G Holdings
NY, LLC Planning & Economic Development
SUMMARY OF REQUEST: To approve the 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 associations 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 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.
P. Authorize Muskegon County to Adopt and Enforce a Storm Water
Runoff and Post-Construction Ordinance SECOND READING
Planning & Economic Development
SUMMARY OF REQUEST: Staff is requesting the approval of the resolution that will
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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 square foot of impervious surface
3) Disturbs, changes, or disrupts more than 10,000 square foot of
existing impervious surface
4) Disturbs more than one acre of land
5) Is within 500 feet 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.
Q. Community Relations Committee Recommendations City Clerk
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 concur with the recommendation from the
Community Relations Committee.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the consent agenda as presented with the exception of Item L.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
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2016-93 ITEMS REMOVED FROM CONSENT AGENDA
L. RFP for Temporary Staffing Services Provider Affirmative Action and
Risk Management
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.
Listed in the order of low bidder to high bidder, proposals were received from
the following:
Staffing, Inc., 1635 W. Sherman Boulevard, Norton Shores, MI 49441
Workforce, LLC, 5916 Harvey Street, Muskegon, MI 49444
Good Temps, 271 E. Apple Avenue, Muskegon, MI 49442
CEEP, 2104 Leahy Street, Muskegon Heights, MI 49444
Elwood Staffing, 234 North River Avenue, Suite A, Holland, MI 49424
Some bidders were not prepared to bid on the majority of the positions. Good
Temps was the lowest responsible bidder able to meet our needs. 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 project temporary staffing services cost is
approximately $1,000,000.
BUDGET ACTION REQIRED: The 2017budget allows for the financial
resources.
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.
Motion by Commissioner Johnson, second by Commissioner German, to award
the Temporary Staffing Services Contract to Good Temps Temporary Staffing
Services as the lowest responsible bidder and allow the Mayor and the Clerk to
sign the contractual agreement
ROLL VOTE: Ayes: Gawron, Warren, German Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
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2016-94 NEW BUSINESS:
A. Appoint Representative to Recreation Authority Steering Committee
City Manager
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.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to appoint Commissioner Ken Johnson to the Recreation Authority Steering
Committee.
ROLL VOTE: Ayes: Warren, German Rinsema-Sybenga, Turnquist, and Gawron
Abstain: Johnson
Nays: None
MOTION PASSES
B. Request to Create a new Neighborhood Enterprise Zone District at 285
W. Western Avenue Planning & Economic Development
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 Avenue. Properties located in this NEZ district will be eligible to apply for
the 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.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the new NEZ district.
ROLL VOTE: Ayes: Warren, German Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
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Nays: None
MOTION PASSES
C. Approval of Sale of City-Owned Home at 1477 Nolan Community and
Neighborhood Services
SUMMARY OF REQUEST: To approve the 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 Avenue for a
purchase price of $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.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German
to approve the resolution and direct the CNS staff to complete the sale.
ROLL VOTE: Ayes: German Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Warren
Nays: None
MOTION PASSES
D. Professional Service Agreement (SAFE built) Public Safety –
REMOVED PER STAFF REQUEST
ADJOURNMENT: The City Commission Meeting adjourned at 6:08 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
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Date: January 4, 2017
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Gaming License Request from Harbor Hospice
Foundation
SUMMARY OF REQUEST: The Muskegon Harbor Hospice Foundation
is requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Date: January 4, 2017
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Gaming License Request from Flyin’ Heroes
SUMMARY OF REQUEST: The Flyin’ Heroes is requesting a resolution
recognizing them as a non-profit organization operating in the City for
the purpose of obtaining a Gaming License.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Date: January 10, 2017
To: Honorable Mayor and City Commissioners
From: CITY CLERK’S OFFICE
RE: Special Event Liquor License – Farmers Market
SUMMARY OF REQUEST: The Muskegon Farmers Market will be hosting a Dining
in the Dark event on Thursday, February 16th at the Farmers Market and we are
requesting a liquor license including spirits. Proceeds will benefit the Farmers Market.
FINANCIAL IMPACT: $50 permit from the State for every date requested and $75
bond.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
AGENDA ITEM NO. __________
CITY COMMISSION MEETING JANUARY 10, 2017
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: January 10, 2017
SUBJECT: MDOT Performance Resolution
SUMMARY OF REQUEST: Adopt the attached MDOT Performance Resolution
authorizing the director of public works and/or administrative supervisor to sign off on
permits to perform work on state highways within the city. The form has been updated
and previous resolution is no longer valid.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve and adopt the attached Performance
Resolution by authorizing the City Clerk to sign.
Clear Form
Michigan Department PERFORMANCE RESOLUTION FOR
Of Transportation
Page 1 of 2
2207B (11/16) GOVERNMENTAL AGENCIES
This Performance Resolution is required by the Michigan Department of Transportation for purposes of issuing to a
municipal utility an ''Individual Permit for Use of State Highway Right of Way'', or an ''Annual Application and Permit for
Miscellaneous Operations Within State Highway Right of Way''.
RESOLVED WHEREAS, the City of Muskegon
(city, village, township, etc.)
hereinafter referred to as the ''GOVERNMENTAL AGENCY,'' periodically applies to the Michigan Department of
Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as ''PERMIT,'' to
construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and
under State Highway Right of Way at various locations within and adjacent to its corporate limits;
NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL
AGENCY agrees that:
1. Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or
omissions during the performance of this Agreement, as provided by law. This Agreement is not
intended to increase either party's liability for, or immunity from, tort claims, nor shall it be interpreted,
as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising
out of the performance of this Agreement.
2. If any of the work performed for the GOVERNMENTAL AGENCY is performed by a contractor, the
GOVERNMENTAL AGENCY shall require its contractor to hold harmless, indemnify and defend in
litigation, the State of Michigan, the DEPARTMENT and their agents and employee’s, against any claims
for damages to public or private property and for injuries to person arising out of the performance of the
work, except for claims that result from the sole negligence or willful acts of the DEPARTMENT, until the
contractor achieves final acceptance of the GOVERNMENTAL AGENCY. Failure of the GOVERNMENTAL
AGENCY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered
a breach of its duties to the DEPARTMENT.
3. Any work performed for the GOVERNMENTAL AGENCY by a contractor or subcontractor will be solely as
a contractor for the GOVERNMENTAL AGENCY and not as a contractor or agent of the DEPARTMENT.
The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the
GOVERNMENTAL AGENCY, or their subcontractors or any other person not a party to the PERMIT
without the DEPARTMENT’S specific prior written consent and notwithstanding the issuance of the
PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the
GOVERNMENTAL AGENCY.
4. The GOVERNMENTAL AGENCY shall take no unlawful action or conduct, which arises either directly or
indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims
being asserted against or judgment being imposed against the State of Michigan, the Michigan
Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and
those contracting governmental bodies performing permit activities for the DEPARTMENT and all
officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same
occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving
the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek
and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money
damages.
MDOT 2207B (11/16) Page 2 of 2
5. The GOVERNMENTAL AGENCY will, by its own volition and/or request by the DEPARTMENT,
promptly restore and/or correct physical or operating damages to any State Highway R ight of Way
resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL
AGENCY'S facilities according to a PERMIT issued by the DEPARTMENT.
6. With respect to any activities authorized by a PERMIT, when the GOVERNMENTAL AGENCY requires
insurance on its own or its contractor's behalf it shall also require that such policy include as named
insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents,
and employees thereof and those governmental bodies performing permit activities for the
DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.
7. The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent he
DEPARTMENT from requiring additional performance security or insurance before issuance of a
PERMIT.
8. This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL AGENCY or
the DEPARTMENT with no less than thirty (30) days prior written notice provided to the other party.
It will not be cancelled or otherwise terminated by the GOVERNMENTAL AGENCY with regard to any
PERMIT which has already been issued or activity which has already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the DEPARTMENT for
the necessary permit to work within State Highway Right of Way on behalf of the GOVERNMENTAL
AGENCY.
Title and/or Name:
Director of Public Works
Administrative Supervisor
I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by
the Muskegon City Commission
(Name of Board, etc)
of the City of Muskegon of Muskegon
(Name of GOVERNMENTAL AGENCY) (County)
at a regular Commission meeting held on the _______day
10th
of ______________________ A.D. ________________.
January 2017
Signed Title City Clerk
Date: January 10, 2017
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Agreement for Engineering Services W/ Charles Wiggins
SUMMARY OF REQUEST:
Authorize staff to enter into an employment agreement, copy of which is attached, with
Charles Wiggins to provide assistance to the engineering department in the capacity of
a Civil Engineer I.
As you may recall, Mr. Wiggins worked for the City for over 27-years and since retiring
in August of 2015 he had been employed by Elwood Services to provide engineering
services to the city.
Furthermore, it is respectfully requested that staff be authorized to retro this agreement
to the beginning of this year (2017) and the ability to extend and/or terminate said
agreement to best serve the city.
FINANCIAL IMPACT:
Approximately $60,000 based on estimated 1700-hours of work.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Mr. Wiggins.
Commission Meeting Date: January 10, 2017
Date: January 5, 2017
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Termination of “The WaterMark” Project
Brownfield Redevelopment Authority Plan (May,
25, 2004)
SUMMARY OF REQUEST: The Brownfield Plan Amendment for “The WaterMark”
Project (“Plan”) was approved by the Brownfield Redevelopment Authority (BRA) and
the City Commission in May 2004. The redevelopment projects outlined in the Plan
have been completed (54 residential units). There was no TIF capture included in this
Plan. As a new Brownfield Plan Amendment is being requested by the owners of the
property, it is necessary to terminate the existing Plan which has been completed,
using the language recommended in the “Staff Recommendation” below.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the City Commission hereby terminates “The
WaterMark” Project Brownfield Plan adopted on May 25, 2004. The Plan is being
terminated pursuant to MCL 125.2666(8)(a) as it relates to the eligible property
located at 930 Washington Ave and pursuant to MCL 125.2666(8)(b) as it relates to
the eligible property located at 920 Washington Ave, 965 W. Western Ave and 1330
Division Street.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority
approved termination of the Brownfield Plan Amendment for “The WaterMark”
Project (May 25, 2004) at their December 6, 2016 meeting.
Date: January 9, 2017
To: Honorable Mayor and City Commissioners
From: Frank Peterson, City Manager
RE: Adopt a Resolution to Approve the Operation of the
Red Project in the City of Muskegon
SUMMARY OF REQUEST: Adopt a resolution to approve the operation of the
Red Project in the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
At a regular meeting of the City Council of the City of Muskegon, County of Muskegon, MI,
held on the 10th day of January 2017, at the Muskegon City Hall in said City at 5:30 p.m.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner ____________
and supported by Commissioner _____________:
RESOLUTION TO ALLOW GRAND RAPIDS RED PROJECT TO OPERATE A HARM
REDUCTION PROGRAM IN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon is authorized by the provisions of Act 279 of 1909
under MCL 117.3(j), The Home City Rule, to enter into a contract with a private organization to
provide for health including the prevention of infectious diseases, prevention of drug abuse, and
the counseling and treatment of drug abusers; and
WHEREAS, the City of Muskegon is also authorized by the provisions of Act 368 of
1978 under MCL 333.7457 (f) to allow a private organization operating within the City limits to
offer for sale, sell, or give away an object used to prevent the transmission of infectious agents;
and
WHEREAS, the transmission of HIV/AIDS, Hepatitis C, and other infectious diseases
continues to negatively impact this community, with at least 16% of people currently living with
HIV/AIDS in Muskegon County having contracted the disease through injection drug use; and
WHEREAS, the Grand Rapids Red Project has a nineteen year history of working
cooperatively with law enforcement, public health organizations, substance abuse treatment
agencies, the courts, and the media to educate and inform the public on the principles of a harm
reduction program and the results of such a program; and
WHEREAS the Grand Rapids Red Project desires to offer its services throughout
Muskegon County, including the city of Muskegon, including the operation of mobile services
within the City, to better address the transmission of infectious diseases in the City, including
Hepatitis C and HIV/AIDS; and
WHEREAS the Grand Rapids Red Project has secured private funding from a variety of
sources; hired staff; developed effective comprehensive collaborations with other community
agencies for purposes of referral; and will include HIV and Hepatitis C prevention, counseling
and testing, substance abuse counseling, recovery coaching and referral to treatment, and
overdose prevention and response training on site as well as referrals for STI testing, food,
clothing, shelter, domestic violence and other critical needs of the target population; and
Muskegon/Red Project Resolution 1
WHEREAS, a proposed resolution to allow Grand Rapids Red Project to operate a harm
reduction program in the City of Muskegon pursuant to Act 279 and Act 368 has been presented
to the City Council;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Grand Rapids Red Project is authorized to operate a harm reduction program
for syringe and needle exchange within the city of Muskegon, including the operation of mobile
services within the City, for the sole purposes of preventing the transmission of infectious
agents; and
2. The Grand Rapids Red Project, its staff, Board of Directors, and volunteers, while
acting within the scope of authority granted herein, are conducting an activity permitted by the
state of Michigan and are exempt from the provisions of the Public Health Code, MCL 333.7451,
et seq.; and
3. The Grand Rapids Red Project, its staff, Board of Directors, and volunteers, while
acting within the scope of authority granted herein, are conducting an activity permitted by the
state of Michigan and are exempt from the provisions of Part II, Chapter 54, Article V, Division
1, Section 54-121 of the Code of Ordinances, City of Muskegon, Michigan.
FURTHER INFORMATION may be obtained from the Office of the City Manager at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan 49440.
This notice is given by order of the City Council of the City of Muskegon, Michigan.
_______________________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Council of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on January 10, 2017, 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.
_______________________________________
Ann Marie Meisch
City Clerk
AYES:
NAYS:
RESOLUTION DECLARED ADOPTED.
_____________________________________
Ann Marie Meisch, City Clerk
Muskegon/Red Project Resolution 2
Commission Meeting Date: January 10, 2017
Date: January 3, 2017
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Brownfield Plan Amendment
and Development and Reimbursement Agreement
for P&G Holdings NY, LLC Redevelopment Project
(Watermark)
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and
adopting the amendment to the Brownfield Plan and to approve the Development and Reimbursement
Agreement. The amendments are for property owned by P&G Holdings NY, LLC.
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. 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.
“Eligible Expenses” would be reimbursed starting in 2018. The estimated tax capture and payment
schedule is included as Attachment U-3 in the proposed Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed (estimated to be in 2047), the BRA
is authorized to continue to capture local taxes for five more years for deposit into a Local Site
Remediation Revolving Fund.
The Development and Reimbursement Agreement provides the structure for the capture of taxes and
the reimbursement to P&G Holdings and the City of Muskegon for eligible expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold a public hearing for approval of the Brownfield Plan
Amendment for the P&G Holdings NY, LLC Redevelopment Project and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution, and to approve the Development
and Reimbursement Agreement between P&G Holdings NY, LLC, the City of Muskegon and the City of
Muskegon Brownfield Redevelopment Authority.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for
January 10, 2017 at their December 13, 2016 meeting. Since that time, a notice of the public hearing
has been sent to taxing jurisdictions. In addition, the Brownfield Redevelopment Authority approved
the Plan amendment and the Development and Reimbursement Agreement on December 6, 2016 and
recommends that the Muskegon City Commission approve the Plan amendment and Development
and Reimbursement Agreement.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT AND
DEVELOPMENT AND REIMBURESMENT AGREEMENT
P & G Holdings NY, LLC Redevelopment Project (Watermark)
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 Commission Chambers, on the
10th day of January 2017, at 5:30 p.m., prevailing Eastern Time.
PRESENT: Members
________________________________________________________________________
____________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Commissioner
_________________ and supported by Commissioner _________________:
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan,
1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority
(the "Authority") has prepared and approved a Brownfield Plan Amendment to add P & G
Holdings NY, LLC Redevelopment Project (Watermark) ; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the
City Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity
to the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield
Plan on January 10, 2017.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of
Act 381.
3. That the proposed method of financing the costs of the eligible
activities, as identified in the Brownfield Plan and defined in Act 381, is feasible
and the Authority has the authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan
are reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the
adoption of the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is
effective immediately.
7. That the Development and Reimbursement Agreement is approved
and is effective immediately.
8. That all resolutions or parts of resolutions in conflict herewith shall be
and the same are hereby rescinded.
Be It Further Resolved that the Mayor and City Clerk are hereby
authorized to execute all documents necessary or appropriate to implement the
provisions of the Brownfield Plan.
AYES: Members
________________________________________________________________________
________________________________________________________________________
______________________________________________________
NAYS:
Members________________________________________________________________
____________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Marie Meisch, City Clerk
_____________________________
Stephen J. Gawron, Mayor
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 January 10, 2017, 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.
_____________________________
Ann Marie Meisch, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
FOR THE P&G HOLDINGS NY, LLC
REDEVELOPMENT PROJECT
August 17, 2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
FOR THE P&G HOLDINGS NY, LLC
REDEVELOPMENT PROJECT
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03;
7/7/03; 4/20/04; 6/21/04; 9/8/04; 9/5/06; 2/23/07; 5/15/07, 11/12/07, 5/13/08, 6/24/08,
4/9/13 _______________.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04;
7/13/04; 7/27/04; 10/12/04; 10/24/06; 3/27/07; 6/12/07; 1/8/08, 5/13/08, 6/24/08, 5/14/13
and ______________.
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City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
Page
I. INTRODUCTION 1
II. GENERAL PROVISIONS 1
A. Costs of the Brownfield Plan 1
B. Maximum Amount of Indebtedness 2
C. Duration of the Brownfield Plan 2
D. Displacement/Relocation of Individuals on
Eligible Properties 2
E. Local Site Remediation Revolving Fund 2
III. SITE SPECIFIC PROVISIONS 3
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O’Toole Property (Approved 8/12/03)
H. “The WaterMark” Project (Approved 5/25/04)
I. Northern Machine Tool (Approved July 13, 2004)
J. Terrace Lots Office Building (Approved July 13, 2004)
K. Art Works Apartments (Approved July 27, 2004)
L. Former Muskegon Mall (Approved October 12, 2004)
M. Vida Nova at Edison Landing (Approved 10/10/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/10/06)
O. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved March 27, 07)
Q. Sidock Building Project (Approved June 12, 07)
R. Heritage Square Town Homes (Approved 1/8/08)
S. Betten Auto Dealerships (Approved 5/13/08)
T. Parkland Muskegon Mixed Use Project (Approved 6/24/08)
U. Terrace Point Landing Redevelopment Project (Approved 5/14/13)
V. ___________________
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I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the “City”), the City established the City
of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to the
Brownfield Redevelopment Financing Act, P.A. 381 of 1996, as amended (“Act 381”),
and a resolution adopted by the Muskegon City Commission on February 10, 1998.
Terms defined in Act 381 and applicable sections of the statute are noted in italics
throughout this document.
The major purpose of this Brownfield Plan (“Plan”) is to promote the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria
(“facilities”) or that have been determined to be Functionally Obsolete or Blighted.
Inclusion of property within this Plan can facilitate financing of environmental response
activities, infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide other incentives to
eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to promote
economic growth for the benefit of the residents of the City and all taxing units located
within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to the Plan, as well as property-specific information for each
project. The applicable Sections of Act 381 are noted throughout the Plan for reference
purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as
amended. Additional information is available from the Muskegon City Manager or the
Director of Planning and Economic Development.
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may
be reimbursed through tax increment financing.
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with fees charged to
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City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
applicants to be included in the Plan, and any eligible tax increment revenues collected
pursuant to the Plan, in accordance with the provisions of Act 381, including, but not
limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified
in the site-specific sections of this Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e))
The City or Brownfield Authority may incur some debt on a site-specific basis. Please
refer to the site-specific section of this Plan for details on any debt to be incurred by the
City or Authority. When a property proposed for inclusion in the Plan is in an area where
tax increment financing is a viable option, the Authority intends to enter into
Development Agreements with the property owners/developers of properties included in
the Plan to reimburse them for the costs of eligible activities undertaken pursuant to this
Plan. Financing arrangements will be specified in a Development and Reimbursement
Agreement, and also identified in the Site Specific section of the Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is expected to be 35 years. It is estimated that the demolition
and abatement costs associated with the Project (defined below) will be completed by
the end of 2017 and it is estimated that it could take up to 30 years to recapture eligible
costs through tax increment revenues. In addition, once all activity costs are
reimbursed, funds may be captured for the local site remediation revolving fund, if
available. Therefore, the duration of capture for the Project (defined below) will begin no
later than 2018 and will continue until such time that all the eligible activities undertaken
in this Plan are reimbursed, but in no event will the Plan exceed the maximum duration
provided for in (MCLA 125.2663(1)(22)). The total costs of eligible activities include the
cost of principal and interest on any note or obligation issued by the Authority to pay for
the costs of eligible activities, the cost of principal and interest otherwise incurred to pay
for eligible activities, the reasonable costs of a work plan or remedial action plan and the
costs of preparation of Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(1)(i),(j)(k)(l)
The proposed amendment to the Plan will not result in the displacement or relocation of
any individuals on eligible properties identified in this Plan. Therefore, the provisions of
Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax
increment financing authority provided by Act 381, it is the Authority's intent to establish
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City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
and fund a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of
tax increment revenues that exceed the costs of eligible activities incurred on an eligible
property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture
of tax increment revenue from an eligible property for up to 5 years after the time that
capture is required for the purposes of paying the costs of eligible activities identified in
the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified
for tax capture in the Plan, provided that the time frame allowed by Act 381 for tax
capture is sufficient to accommodate capture to capitalize a Fund. The amount of school
operating taxes captured for the Revolving Fund will be limited to the amount of school
operating taxes captured for eligible environmental response activities under this Plan. It
may also include funds appropriated or otherwise made available from public or private
sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private
parties for the costs of eligible activities at eligible properties and other costs as
permitted by Act 381. It may also be used for eligible activities on an eligible property for
which there is no ability to capture tax increment revenues. The establishment of this
Revolving Fund will provide additional flexibility to the Authority in facilitating
redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
III. SITE SPECIFIC PROVISIONS
P&G Holdings NY, LLC Redevelopment Project
1. Eligibility and Project Description(Sec. 13(1)(h))
Project Description
The proposed project includes a plan to redevelop approximately 435,000 square feet of
the remaining building into a mixed use project that will include residential market rate
rental units and a full-scale family entertainment center (the “Project”). The Project will
include the addition of approximately 120 new market rate residential apartments and
approximately 200,000 square feet of entertainment and commercial space that would
include bowling/arcade, a restaurant, laser tag, cybersport, a trampoline park, concert
venue, indoor mountain biking and commercial retail/office space spread throughout the
building. The Project is expected to reactivate the building and generate the creation of
approximately 125+ jobs at the site. The Project will include significant interior
demolition and abatement activities in order to prepare the building for redevelopment.
A proposed site plan is included in Attachment U-2.
The private capital investment to complete the Project is estimated to be approximately
$30+ million with approximately $7.6 million required to address the demolition and
abatement costs alone. The Project will likely result in approximately 125+ new jobs with
average wages of approximately $10/hr and approximately 85+ temporary construction
jobs during the estimated 24 months of construction.
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City of Muskegon Brownfield Plan Amendment
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The eligible property comprising the P&G Holdings NY, LLC Redevelopment Project
included in this Plan consists of three parcels of property in downtown Muskegon,
Michigan (see Attachment U-1). The parcel number/legal description of the eligible
property is:
Address: 920 Washington Avenue
Parcel: #61-24-205-467-0001-00
Legal description:
CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND ENTIRE BLK 474
TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC MICHIGAN AVE BET SD BLKS 467 &
474 THE 2 VAC ALLEYS IN SD BLK 474 DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A
POINT BEING N 89D 48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E
7.87 FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M 08S E 85.09 FT
ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG NLY LN OF SD 5 STY BLDG TH N 02D
11M 01S E 21.28 FT ALG SD BLDG TH N 88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M
58S E 57.92 FT ALG SD BLDG LN TH S88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 88D 25M 41S W
0.40 FT ALG SD BLDG LN TH N 01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72
FT ALG SD BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D 30M 20S
W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N 09D 23M 07S E 9.68 FT ALG
SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH N
07D 28M 33S E 75.55 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT
ALG THE SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W LN 0F
DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF WASHINGTON AVE TH N 00D
20M 35S W 414.17 FT ALG THE E R/W LN OF HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE S
R/W LN OF MICHIGAN AVE TO POB CONTAINING 304,686 SF (6.995 AC) SUBJ TO DECLARATION OF
RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO ELECTRIC LNS ESMT RECORD'D L/P
3630/666 DESC AS A 10FT WIDE STRIP & BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC
LN AS CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT ON EA SIDE
OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS LAND
Address: 965 W. Western Avenue
Parcel: #61-24-205-468-0001-10
Legal description:
CITY OF MUSKEGON REVISED PLAT 1903 BLK 468 AND PT OF BLK 467 VAC ALLEY IN BLK 468 PART
OF FORMER C & O RAILROAD R/W IN BLK 467 & 468 AND VAC HUDSON ST BET BLK 467 AND 468
AND ALL BEING DESC AS BEG AT THE SW COR OF SAID BLK 468 TH N 00D 19M 25S W 351.64 FT
ALG E R/W LN OF FRANKLIN ST TH N 89D 58M 00S E 278.5 FT ALG THE S R/W LN OF WESTERN AVE
TH S 82D 42M 42S E 284.66 FT ALG SD R/W LN TH S 07D 28M 33S W 75.55 FT ALG THE WLY LN &
EXTENSION TH'OF OF A 5 STORY BRICK BLDG TH S 82D 30M 04S E 112.12 FT ALG SD BLDG LN &
THE EXTENSION TH'OF TH S 09D 23M 07S W 9.68 FT ALG SD BLDG LN TH S 83D 24M 04S E 13.72 FT
ALG SD BLDG LN TH N 00D 30M 04S E 8.71 FT TH S 00D 30M 20S W 24.63 FT TH S 88D 25M 41S E
8.72 FTALG SD BLDG LN TH S 01D 34M 19S W 0.30 FT ALG SD BLDG LN TH S 88D 25M 41S E 0.40 FT
ALG SD BLDG LN TH S 00D 42M 58S W 29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.43 FT ALG
SD BLDG LN TH S 00D 42M 58S W 57.92 FT ALG SD BLDG LN TH S 88D 38M 32S E 12.93 FT ALG SD
BLDG LN TH S 02D 11M 01S W 21.28 FT ALG SD BLDG LN TH N 87D 48M 59S W 28.01 FT ALG SD
BLDG LN TH S 02D 23M 08S W 85.09 FT ALG E SIDE OF A 4 IN WALL TH N 87D 51M 37S W 111.67 FT
ALG SLY SIDE OF SD 5 STY BLDG LN TH S 02D 11M 01S W 7.87 FT TH S 89D 48M 11S W 549.04 FT
ALG N LN OF MICHIGAN AVE TO POB CONTAINING 217056 SF (4.983 AC) SUBJ TO DECLARATION
OF RESTRICTIVE COVENANT RECOR'D 3629/083
4 9/9/2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
Address: 1330 Division Street
Parcel: #61-24-205-466-0001-00
Legal description:
CITY OF MUSKEGON THAT PT OF BLKS 466 & 475 VAC MICHIGAN AVE AND VAC CLAY AVE COM AT
THE SW COR OF SD BLK 475 FOR POB TH N ALG E LN OF DIVISION ST 337.47 FT TH N 89D 40M 00S
E 427.35 FT TO W LN OF HENRY ST TH S 05D 18M 10S W ALG SD W LN 144.97 FT TO NE COR OF SD
BLK 475 TH S 00D 28M 45S W ALG SD W LN 194.75 FT TO SE COR OF SD BLK 475 TH S 89D 52M 30S
W ALG S LN OF SD BLK 412.33 FT TO POB SUBJ TO DECLARATION OF RESTRICTIVE COVENANT
RECOR'D 3629/083
This eligible property includes all existing real and new personal property.
The eligible property is considered a “facility” pursuant to Part 201. A limited
Industrial/Commercial Remedial Action Plan (RAP) submitted by Lakeview Industrial
Center, Inc. for the entire Shaw Walker facility was approved by the MDEQ on
November 14, 2000. P&G purchased a portion of the facility for redevelopment and
prepared a Baseline Environmental Assessment dated January 11, 2002 for disclosure
to the MDEQ. Subsequently, P&G worked with the MDEQ to prepare an Interim
Response Designed to Meet Criteria (IRDC), to allow for a portion of the eligible property
to be used for residential purposes. The IRDC plan, dated October 17, 2003, was
approved by MDEQ on December 15, 2003. The eligible property had concentrations of
benzo(a)pyrene, lead, dibenz(a,h)anthracene and arsenic in excess of residential direct
contact cleanup criteria. Therefore, the eligible property is considered a “facility”
pursuant to Part 201 and is therefore an eligible property pursuant to Act 381 of 1996, as
amended.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a),(b),(c),(d),(g))
Eligible activities included for reimbursement consist of demolition, lead and asbestos
abatement, site preparation and infrastructure improvements (see chart below).
Eligible Activities
Demolition $ 5,650,000
Lead and Asbestos Abatement $ 2,000,000
Site Preparation $ 60,000
Infrastructure Improvements
- Private $ 75,000
- Public (City Street) $ 240,000
Sub-total $ 8,025,000
Contingency (15%) $ 1,203,750
Brownfield Plan/Work Plan Preparation and Development $ 30,000
Total Eligible Activities
to be paid for under this Plan $ 9,258,750
5 9/9/2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
The eligible activities described above will occur on the Property and are further
described as follows:
1. Demolition: Demolition will include significant selective interior and
exterior demolition of roofing, flooring, windows, removal of walls, site
demolition of existing improvements, etc. Demolition is necessary in
order to prepare the project for the proposed improvements.
2. Lead and Asbestos Abatement: Due to the age of the building, it is
expected that lead and asbestos will be encountered during the
demolition process. Therefore, a survey will be conducted to determine
the extent and scope of the abatement and materials will be removed and
properly disposed of by a licensed contractor.
3. Site Preparation: Site Preparation on the Property will include mass
grading of the existing site on Division.
4. Infrastructure Improvements: Infrastructure Improvements will include
utility upgrades to the existing storm sewers, water service, sanitary
sewer, streets, sidewalks, curbs and gutters, landscaping and mill and
repaving of Western Ave from Franklin to Shoreline Drive (approximately
1,000’).
5. Brownfield/Work Plan Preparation and Development: Costs incurred
to prepare and develop this brownfield plan and a work plan, as required
per Act 381 of 1996, as amended.
An estimate of the captured taxable value and tax increment revenues, which includes
the impact on the taxing jurisdictions, is attached as Attachment U-3.
The cost to conduct the Project eligible activities included in this Plan will be initially
provided by P&G Holdings NY, LLC and they will seek reimbursement for eligible
activities through tax increment financing from local and state taxes. The Downtown
Development Authority Tax Increment Financing Plan is expected to support a pass-
through of its capture to allow the Brownfield Authority to capture 100% of the projected
increment from the Project. It is intended that the Authority will capture 100% of the
captured taxable value from the Property to reimburse the developer for eligible activities
incurred for the Project. No advances via bond or notes will be made from the City for
this Plan.
Effective Date of Inclusion in Brownfield Plan
The P&G Holdings NY, LLC Redevelopment Project was added to this Plan on _______.
14555733-4
6 9/9/2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
ATTACHMENT U-1
SITE MAP
P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT
7 9/9/2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
ATTACHMENT U-2
PROPOSED SITE PLAN
P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT
8 9/9/2016
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
ATTACHMENT U-3
TAX INCREMENT FINANCING TABLE
P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT
9 9/9/2016
2:12 PM9/9/2016 920 Washington Redevelopment Project
TIF Schedule
(1)
Real Property Improvements NEZ Period for Residential
OPRA Period for Commercial
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Base Residential TV (2016) $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915
Base Commercial TV (2016) $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863
(2)
Residential TV after Improvement $184,915 $184,915 $2,765,467 $2,793,121 $2,821,053 $2,849,263 $2,877,756 $2,906,533 $2,935,599 $2,964,955 $2,994,604 $3,024,550 $3,054,796 $3,085,344
Commercial TV after Improvement(2) $797,863 $797,863 $4,056,443 $4,097,007 $4,137,977 $4,179,357 $4,221,151 $4,263,362 $4,305,996 $4,349,056 $4,392,546 $4,436,472 $4,480,837 $4,525,645
Total Captured Residential Taxable $0 $0 $2,580,551 $2,608,206 $2,636,137 $2,664,348 $2,692,840 $2,721,618 $2,750,683 $2,780,039 $2,809,689 $2,839,635 $2,869,880 $2,900,428
Total Captured Commercial Taxable $0 $0 $3,258,580 $3,299,145 $3,340,115 $3,381,494 $3,423,288 $3,465,500 $3,508,133 $3,551,193 $3,594,684 $3,638,609 $3,682,974 $3,727,782
Millages(3)
City Operating 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869
County Operating 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984
City Sanitation 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000
County Museum 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221
County Veterans 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752
County Qual Life 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400
Central Dispatch 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000
Comm College 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037
MAISD 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580
Hackley Library 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000
State Education Tax (SET) 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000
School Operating 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000
TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843
Yearly Captured Tax
City Operating $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $37,602
County Operating $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21,242
City Sanitation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,183
County Museum $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,201
County Veterans $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $280
County Qual Life $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $895
Central Dispatch $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,118
Comm College $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,215
MAISD $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,737
Hackley Library $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,947
State Education Tax (SET) $0 $0 $9,776 $9,897 $10,020 $10,144 $10,270 $20,793 $21,049 $21,307 $21,568 $21,832 $22,098 $22,367
School Operating $0 $0 $29,327 $29,692 $30,061 $30,433 $30,810 $62,379 $63,146 $63,921 $64,704 $65,495 $66,294 $67,100
Local Captured Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $108,420
State Captured Taxes $0 $0 $39,103 $39,590 $40,081 $40,578 $41,079 $83,172 $84,195 $85,229 $86,272 $87,327 $88,391 $89,467
Total Yearly Captured Taxes $0 $0 $39,103 $39,590 $40,081 $40,578 $41,079 $83,172 $84,195 $85,229 $86,272 $87,327 $88,391 $197,887
Cumulative Captured Taxes $0 $0 $39,103 $78,693 $118,774 $159,352 $200,431 $283,603 $367,799 $453,027 $539,300 $626,626 $715,018 $912,904
State Brownfield Fund Capture (3 mill) $0 $0 ($9,776) ($9,897) ($10,020) ($10,144) ($10,270) ($10,396) ($10,524) ($10,654) ($10,784) ($10,916) ($11,049) ($11,183)
Revolving Fund Capture $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Eligible Activities $9,258,750 $9,258,750 $9,258,750 $9,229,423 $9,199,730 $9,169,669 $9,139,236 $9,108,426 $9,035,651 $8,961,980 $8,887,405 $8,811,917 $8,735,506 $8,658,163
State Tax Reimbursement $0 $0 $29,327 $29,692 $30,061 $30,433 $30,810 $72,775 $73,671 $74,575 $75,488 $76,411 $77,342 $78,283
Local Tax Reimbursement $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $108,420
Unreimbursed Eligible Activities $9,258,750 $9,258,750 $9,229,423 $9,199,730 $9,169,669 $9,139,236 $9,108,426 $9,035,651 $8,961,980 $8,887,405 $8,811,917 $8,735,506 $8,658,163 $8,471,460
Total Project Reimbursement $0 $0 $29,327 $59,020 $89,081 $119,514 $150,324 $223,099 $296,770 $371,345 $446,833 $523,244 $600,587 $787,290
(1) Land increment will be captured but TIF
projections only show Improvements capture due to
NEZ and OPRA abatements and for ease of
reference.
(2) Assumes taxable value increases based on
proposed build out, plus 1% annual increases for
inflation thereafter Local Millage Ratio 52.3% $3,944,314 Local Reimbursement
(3) Assumes Millage Rates remain constant State Millage Ratio 47.7% $3,592,909 State Reimbursement
$7,537,223 Total Eligible Activities
2:12 PM9/9/2016 920 Washington Redevelopment Project
TIF Schedule
Real Property Improvements (1)
2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
Base Residential TV (2016) $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915
Base Commercial TV (2016) $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863
(2)
Residential TV after Improvement $3,116,197 $3,147,359 $3,178,833 $3,210,621 $3,242,727 $3,275,154 $3,307,906 $3,340,985 $3,374,395 $3,408,139 $3,442,220 $3,476,642 $3,511,409 $3,546,523 $3,581,988
Commercial TV after Improvement(2) $4,570,901 $4,616,610 $4,662,777 $4,709,404 $4,756,498 $4,804,063 $4,852,104 $4,900,625 $4,949,631 $4,999,128 $5,049,119 $5,099,610 $5,150,606 $5,202,112 $5,254,133
Total Captured Residential Taxable $2,931,282 $2,962,444 $2,993,917 $3,025,706 $3,057,812 $3,090,239 $3,122,991 $3,156,070 $3,189,480 $3,223,224 $3,257,305 $3,291,727 $3,326,494 $3,361,608 $3,397,073
Total Captured Commercial Taxable $3,773,039 $3,818,748 $3,864,914 $3,911,542 $3,958,636 $4,006,201 $4,054,241 $4,102,762 $4,151,769 $4,201,265 $4,251,256 $4,301,747 $4,352,743 $4,404,249 $4,456,271
Millages(3)
City Operating 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869
County Operating 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984
City Sanitation 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000
County Museum 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221
County Veterans 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752
County Qual Life 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400
Central Dispatch 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000
Comm College 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037
MAISD 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580
Hackley Library 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000
State Education Tax (SET) 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000
School Operating 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000
TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843
Yearly Captured Tax
City Operating $56,538 $60,931 $65,409 $69,975 $70,774 $71,581 $72,396 $73,219 $74,050 $74,890 $75,738 $76,595 $77,460 $78,333 $79,216
County Operating $31,940 $34,422 $36,952 $39,531 $39,983 $40,438 $40,899 $41,364 $41,833 $42,308 $42,787 $43,271 $43,759 $44,253 $44,751
City Sanitation $20,113 $20,344 $20,576 $20,812 $21,049 $21,289 $21,532 $21,776 $22,024 $22,273 $22,526 $22,780 $23,038 $23,298 $23,560
County Museum $2,159 $2,184 $2,209 $2,234 $2,260 $2,286 $2,312 $2,338 $2,365 $2,391 $2,419 $2,446 $2,473 $2,501 $2,530
County Veterans $504 $510 $516 $522 $528 $534 $540 $546 $552 $558 $565 $571 $577 $584 $591
County Qual Life $1,609 $1,627 $1,646 $1,665 $1,684 $1,703 $1,723 $1,742 $1,762 $1,782 $1,802 $1,822 $1,843 $1,864 $1,885
Central Dispatch $2,011 $2,034 $2,058 $2,081 $2,105 $2,129 $2,153 $2,178 $2,202 $2,227 $2,253 $2,278 $2,304 $2,330 $2,356
Comm College $14,774 $14,944 $15,115 $15,288 $15,462 $15,638 $15,816 $15,996 $16,178 $16,361 $16,547 $16,734 $16,923 $17,114 $17,306
MAISD $31,899 $32,265 $32,634 $33,007 $33,384 $33,765 $34,149 $34,538 $34,930 $35,326 $35,726 $36,130 $36,538 $36,950 $37,366
Hackley Library $16,090 $16,275 $16,461 $16,649 $16,839 $17,031 $17,225 $17,421 $17,619 $17,819 $18,021 $18,224 $18,430 $18,638 $18,848
State Education Tax (SET) $40,226 $40,687 $41,153 $41,623 $42,099 $42,579 $43,063 $43,553 $44,047 $44,547 $45,051 $45,561 $46,075 $46,595 $47,120
School Operating $120,678 $122,061 $123,459 $124,870 $126,296 $127,736 $129,190 $130,659 $132,142 $133,641 $135,154 $136,683 $138,226 $139,785 $141,360
Local Captured Taxes $177,639 $185,535 $193,577 $201,765 $204,068 $206,395 $208,745 $211,118 $213,515 $215,936 $218,381 $220,851 $223,345 $225,865 $228,409
State Captured Taxes $160,904 $162,749 $164,612 $166,494 $168,395 $170,315 $172,254 $174,212 $176,190 $178,188 $180,205 $182,243 $184,302 $186,381 $188,480
Total Yearly Captured Taxes $338,542 $348,284 $358,189 $368,259 $372,463 $376,710 $380,998 $385,330 $389,705 $394,124 $398,587 $403,094 $407,647 $412,245 $416,889
Cumulative Captured Taxes $1,251,447 $1,599,731 $1,957,920 $2,326,179 $2,698,642 $3,075,351 $3,456,350 $3,841,680 $4,231,385 $4,625,508 $5,024,095 $5,427,189 $5,834,836 $6,247,081 $6,663,971
State Brownfield Fund Capture (3 mill) ($20,113) ($20,344) ($20,576) ($20,812) ($21,049) ($21,289) ($21,532) ($21,776) ($22,024) ($22,273) ($22,526) ($22,780) ($23,038) $0 $0
Revolving Fund Capture $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Eligible Activities $8,471,460 $8,153,031 $7,825,090 $7,487,478 $7,140,031 $6,788,617 $6,433,197 $6,073,730 $5,710,176 $5,342,495 $4,970,645 $4,594,584 $4,214,270 $3,829,661 $3,417,416
State Tax Reimbursement $140,791 $142,405 $144,035 $145,682 $147,345 $149,025 $150,722 $152,435 $154,166 $155,914 $157,680 $159,463 $161,264 $186,381 $188,480
Local Tax Reimbursement $177,639 $185,535 $193,577 $201,765 $204,068 $206,395 $208,745 $211,118 $213,515 $215,936 $218,381 $220,851 $223,345 $225,865 $228,409
Unreimbursed Eligible Activities $8,153,031 $7,825,090 $7,487,478 $7,140,031 $6,788,617 $6,433,197 $6,073,730 $5,710,176 $5,342,495 $4,970,645 $4,594,584 $4,214,270 $3,829,661 $3,417,416 $3,000,526
Total Project Reimbursement $1,105,719 $1,433,660 $1,771,272 $2,118,719 $2,470,133 $2,825,553 $3,185,020 $3,548,574 $3,916,255 $4,288,105 $4,664,166 $5,044,480 $5,429,089 $5,841,334 $6,258,224
(1) Land increment will be captured but TIF
projections only show Improvements capture due to
NEZ and OPRA abatements and for ease of
reference.
(2) Assumes taxable value increases based on
proposed build out, plus 1% annual increases for
inflation thereafter
(3) Assumes Millage Rates remain constant
2:12 PM9/9/2016 920 Washington Redevelopment Project
TIF Schedule
Real Property Improvements (1)
2045 2046 2047
Base Residential TV (2016) $184,915 $184,915 $184,915
Base Commercial TV (2016) $797,863 $797,863 $797,863
(2)
Residential TV after Improvement $3,617,808 $3,653,986 $3,690,526
Commercial TV after Improvement(2) $5,306,675 $5,359,741 $5,413,339
Total Captured Residential Taxable $3,432,893 $3,469,071 $3,505,611
Total Captured Commercial Taxable $4,508,812 $4,561,879 $4,615,476
Millages(3)
City Operating 10.0869 10.0869 10.0869
County Operating 5.6984 5.6984 5.6984
City Sanitation 3.0000 3.0000 3.0000
County Museum 0.3221 0.3221 0.3221
County Veterans 0.0752 0.0752 0.0752
County Qual Life 0.2400 0.2400 0.2400
Central Dispatch 0.3000 0.3000 0.3000
Comm College 2.2037 2.2037 2.2037
MAISD 4.7580 4.7580 4.7580
Hackley Library 2.4000 2.4000 2.4000
State Education Tax (SET) 6.0000 6.0000 6.0000
School Operating 18.0000 18.0000 18.0000
TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843
Yearly Captured Tax
City Operating $80,107 $81,007 $81,917
County Operating $45,255 $45,764 $46,277
City Sanitation $23,825 $24,093 $24,363
County Museum $2,558 $2,587 $2,616
County Veterans $597 $604 $611
County Qual Life $1,906 $1,927 $1,949
Central Dispatch $2,383 $2,409 $2,436
Comm College $17,501 $17,698 $17,896
MAISD $37,787 $38,211 $38,640
Hackley Library $19,060 $19,274 $19,491
State Education Tax (SET) $47,650 $48,186 $48,727
School Operating $142,951 $144,557 $146,180
Local Captured Taxes $230,979 $233,575 $236,196
State Captured Taxes $190,601 $192,743 $194,906
Total Yearly Captured Taxes $421,580 $426,317 $431,102
Cumulative Captured Taxes $7,085,551 $7,511,868 $7,942,970 Totals
State Brownfield Fund Capture (3 mill) $0 $0 $0 $405,747
Revolving Fund Capture $0 $0 $0 $0
Eligible Activities $3,000,526 $2,578,947 $2,152,629
State Tax Reimbursement $190,601 $192,743 $194,906 $3,592,909 State
Local Tax Reimbursement $230,979 $233,575 $236,196 $3,944,314 Local
Unreimbursed Eligible Activities $2,578,947 $2,152,629 $1,721,527 $7,537,223
Total Project Reimbursement $6,679,803 $7,106,121 $7,537,223 $7,537,223 Total Reimbursement
(1) Land increment will be captured but TIF
projections only show Improvements capture due to
NEZ and OPRA abatements and for ease of
reference.
(2) Assumes taxable value increases based on
proposed build out, plus 1% annual increases for
inflation thereafter
(3) Assumes Millage Rates remain constant
City of Muskegon Brownfield Plan Amendment
P&G Holdings NY, LLC Redevelopment Project
ATTACHMENT U-4
FACILITY CONFIRMATION
P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT
10 9/9/2016
Commission Meeting Date: January 10, 2016
Date: January 5, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 920
Washington Ave & 965 W Western Ave
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone Certificate has been received from
P&G Holdings NY, LLC for the conversion of vacant industrial space to apartments at
920 Washington Ave and 965 W Western Ave. The estimated project cost is
$9,417,175 and will include 126 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. They have
requested the maximum 15 years for the exemption.
FINANCIAL IMPACT:
The taxes on the apartment portion of the project will be frozen at the pre-rehabilitated rate
for 15 years, with a three-year phase out (they will receive 75% of the abatement in year 13,
50% in year 14 and 25% in year 15).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
1/5/2017
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 for a rehabilitation
facility has been filed with the City Clerk by P&G Holdings NY, LLC to rehabilitate a portion of
their building from vacant industrial to residential apartments at 920 Washington & 965 W
Western Ave in the “Watermark” Neighborhood Enterprise Zone District, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation facility for apartments at 920 Washington Ave and 965 W
Western Ave by P&G Holdings NY, LLC be approved.
Adopted this 10th day of January, 2017.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
1/5/17
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 January 10, 2017.
By: ________________________
Ann Meisch
City Clerk
1/5/17
COMMISSION MEETING DATE: January 10, 2017
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
Dangerous Building Case #: EN1607760 – 1456 Park St.
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1456 Park St. is unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days or infraction
tickets may be issued. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder or staff may issue infraction
tickets to the owner, agent or responsible party if they do not demolish the structure (they
currently have obtained a demolition permit to complete the demolition) the City would like to
be able to follow through with the demolition bidding process.
Location and ownership: This structure is located on Park St. between Washington Ave. and
West Grand Ave. and is owned by Barbara Gamble.
Staff Correspondence: The Notice and Order to Repair was issued on 10/14/2016. On 12/1/2016
the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 15,500.
Estimated cost to repair: $ 75,000.
Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: None
Permits obtained: None
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
House pictures:
Garage pictures:
CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1456 PARK ST
Exterior Inspection noted:
Garages/Sheds:
1. Is open and not secure.
2. Accessory structure is not maintained in good repair.
3. Overhead, sliding, or swing door is broken or missing parts so it may not work properly.
4. All Siding is loose or falling off.
5. Has broken siding.
6. Roof has some shingles or parts of shingles missing.
7. Roof has shingles that are deteriorated and need replacing.
8. Tons of moss on the roof causing deterioration.
House:
1. Roof has some shingles or parts of shingles missing.
2. Roof has shingles that are deteriorated and need replacing.
3. Roof has more than two layers of roofing and shows structural bowing - must be stripped and
reroofed or roof rafter braced in the attic.
4. Roof leaks.
5. Roof is totally deteriorated - must be replaced.
6. Eaves - Has aluminum fascia that is loose, falling off or missing.
7. Siding has holes in it or is rotted or missing.
8. Siding is loose or falling off.
9. Siding corners are missing.
10. House and/or Apartment numbers must contrast with their background, be plainly legible from
the street fronting the property, and be a minimum of four inches high and 1/2 inch wide.
11. Has peeling paint that needs to be scraped and needs to be protected from weather by properly
applied water-resistant paint or waterproof finish.
12. Porch floor has bare wood-is not protected from the weather by a properly applied water resistant
paint or finish.
13. Rubbish, garbage, appliances or household furniture stored on open porch.
14. Foundation walls have missing mortar or open cracks.
15. Exterior trim has peeling paint that needs to be properly scraped and needs to be protected from
weather by properly applied water-resistant paint or waterproof finish.
16. Window is not weathertight and in good repair.
17. Window frame is rotted.
18. Window is closed off and the material used does not blend with the siding.
19. Door hardware is broken, missing or incomplete.
20. Door will not latch or shut.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to contact
SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: January 10, 2017
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
Dangerous Building Case #: EN1607738 – 1290 Wood St. (both buildings).
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1290 Wood St. is unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days or infraction
tickets may be issued. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder or staff may issue infraction
tickets to the owner, agent or responsible party if they do not demolish the structure (they
currently have obtained a demolition permit to complete the demolition) the City would like to
be able to follow through with the demolition bidding process.
Location and ownership: This structure is located on Wood St. which is abutting Wood St., Irwin
Ave. and Kenneth St. and is owned by Hope Lighthouse Church.
Staff Correspondence: The Notice and Order to Repair was issued on 10/14/2016. On 12/1/2016
the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 24,800.
Estimated cost to repair: $ 60,000+.
Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: None
Permits obtained: None
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
Building #1 pictures – Structure is located facing Wood St.
Building #2 pictures – This is located behind building # 1.
CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1290 Wood St. – Both structures.
Exterior Inspection noted:
Building 1:
1. Is open and not secure.
2. Overhead, sliding, or swing door is broken or missing parts so it may not work properly.
3. Roof is totally deteriorated - must be replaced.
4. Rafters are broken or rotted.
5. Side of the roof has rotted or missing roof boards.
6. Rafters are bowed and the roof is sagging. Roof rafters need bracing in the attic.
7. Roof leaks.
8. Structure is open & not secured.
9. Has eave boards that are rotted or missing.
10. Has broken siding.
11. Brick veneer has missing mortar or large cracks.
12. Foundation walls have missing mortar or open cracks.
13. Foundation walls have missing brick or block.
14. Block walls have joints where the mortar is missing.
15. Windows are boarded & need to be properly repaired.
Building 2:
1. Foundation walls have missing mortar or open cracks.
2. Has eave boards that are rotted or missing.
3. Has aluminum fascia that is loose, falling off or missing.
4. Is not protected from weather by a properly applied water-resistant paint or waterproof finish.
Surface must be scraped prior to applying any water -resistant paint or waterproof finish.
5. Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
6. Exterior trim has peeling paint that needs to be properly scraped and needs to be protected from
weather by properly applied water-resistant paint or waterproof finish.
This listing is a list of exterior items. An interior inspection had not been completed. You would need to contact
SAFEbuilt for a trades inspection to get a complete listing of any additional items that need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: January 10, 2017
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
Dangerous Building Case #: EN1607759 – 768 Marcoux Ave.
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 768 Marcoux Ave. is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days or
infraction tickets may be issued. It is further requested that administration be directed to obtain
bids for the demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder or staff may
issue infraction tickets to the owner, agent or responsible party if they do not demolish the
structure (they currently have obtained a demolition permit to complete the demolition) the City
would like to be able to follow through with the demolition bidding process.
Location and ownership: This structure is located on Marcoux Ave. between S. Getty St. and
Mulder St. and is owned by Adam Winters.
Staff Correspondence: The Notice and Order to Repair was issued on 10/14/2016. On 12/1/2016
the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 8,800.
Estimated cost to repair: $ 75,000.
Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The owner did attend the Housing Board of Appeals meeting and discussed his
options.
Permits obtained: None
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in Circuit Court for the County of Muskegon within 21 days after the City
Commission concurs.
CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
768 MARCOUX-ALL STRUCTURES
Exterior Inspection noted:
Garages:
1) Overhead, sliding, or swing door is broken or missing parts so it may not work properly.
2) Foundation walls have missing mortar or open cracks.
3) Window frame is rotted.
4) Walls have peeling paint.
5) Wood is rotting and not properly sealed with water resistant paint or waterproof finish.
House:
1) Rafters are bowed and the roof is sagging. Roof rafters need bracing in the attic.
2) Aluminum flashing is loose or missing.
3) Has eave boards that are rotted or missing.
4) Siding has holes in it or is rotted or missing.
5) Siding is loose or falling off.
6) Has broken siding.
7) Has peeling paint that needs to be scraped and needs to be protected from weather by
properly applied water-resistant paint or waterproof finish.
8) Steps have concrete or block walls on the sides that are deteriorated.
9) Foundation walls have missing mortar or open cracks.
10) Foundation walls have peeling paint. Paint must be properly scraped prior to painting.
11) Handrail is not in good repair.
12) Block walls have joints where the mortar is missing.
13) Trim is broken, missing or incomplete.
14) Trim is loose.
15) Trim is rotted.
16) Exterior trim has peeling paint that needs to be properly scraped and needs to be
protected from weather by properly applied water-resistant paint or waterproof finish.
17) Window is not weathertight and in good repair.
18) Window sash is broken, rotted or missing.
19) Window(s) has/have broken or cracked glass.
20) Window sill is broken, missing or rotted.
21) Window frame is rotted.
22) Window has glazing that is missing or deteriorated.
23) Operable window(s) does/do not have a screen - - must cover the complete bottom sash
from April 30th thru September 30th.
24) Door trim is broken or incomplete.
25) Doorstop is broken or missing.
26) Door does not fit tight-install weatherseal.
27) Door threshold is broken, rotted or missing.
28) Screen door is missing.
29) Side of home is bowed in and out.
30) Electric mass is on the ground.
31) The electric wires are wrapped.
This listing is a list of exterior items. An interior inspection had not been completed. You would
need to contact SAFEbuilt for a trades inspection to get a complete listing of any additional
items that need to be completed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
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