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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 27, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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. Approve Changes to Priority Home Repair and Vinyl Siding Program Rules
Community and Neighborhood Services
C. Sanitary Sewer Improvements Department of Public Works
D. 2018 Dozer Rental for Beach Leveling Department of Public Works
E. 2018, 2019 and 2020 Street Sweeping Contract Department of Public
Works
F. Tahoe Police Cruiser Department of Public Works/Equipment
G. Fleet Replacement Vehicle Department of Public Works/Equipment
H. Approval of a Neighborhood Enterprise Zone Certificate – 339 Terrace
Point Circle Planning & Economic Development
I. Approval of a Neighborhood Enterprise Zone Certificate – 329 Terrace
Point Circle Planning & Economic Development
J. Vacation of Market Street Between Western Avenue and Terrace Street
Planning & Economic Development
Page 1 of 2
□ PUBLIC HEARINGS:
A. Request for the Establishment of an Industrial Development District at 895
4th Street Planning & Economic Development
B. Request for an Industrial Facilities Exemption Certificate – Pigeon Hill
Brewing Company, LLC Planning & Economic Development
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Second Quarter 2017-18 Budget Reforecast Finance Director
B. Transition to GLOCK Service Firearm (9mm) Public Safety - REMOVED
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
496 Octavius Street (Garage Only)
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the February 12, 2018
Worksession Meeting and the February 13, 2018 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, February 12, 2018
5:30 p.m.
City Commission Chambers
MINUTES
2018-08
Present: Gawron, German (left at 6:34), Rinsema-Sybenga (left at 6:20), Johnson,
and Warren
Absent: Turnquist and Hood
Any Other Business
There was discussion regarding the application for a grant being offered for
municipalities in collaborative efforts (consolidation) and the application is due March 2,
2018.
Adjournment The Worksession meeting adjourned at 6:35 p.m. without a
quorum.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 13, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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, February 13, 2018. Pastor
Darrin Longmire from Teen Challenge, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Debra Warren, Willie German, Jr., and Dan
Rinsema-Sybenga (arrived at 5:33), City Manager Frank Peterson, City Attorney
John Schrier, and City Clerk Ann Meisch.
218-08 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the January 23, 2018 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Waiving of Fees City Clerk
SUMMARY OF REQUEST: Staff is requesting to waive all fees associated with a
free community event at Heritage Landing on May 26 in celebration of an
anniversary for a prominent company in Muskegon. The event will last from 5 pm
until dusk.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Page 1 of 4
C. Fireworks City Clerk
SUMMARY OF REQUEST: Staff has received a request to display fireworks at
Heritage Landing on Saturday, May 26th at dusk.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval based on approval
of the insurance and inspection of the fireworks by the Fire Marshal.
D. Purchase of HUD Home at 1015 E Forest Ave Community &
Neighborhood Services Department
SUMMARY OF REQUEST: To approve the purchase of a HUD home located at
1015 E Forest Avenue in Oakview Neighborhood for the price of $34,000.
After the sale, CNS will rehabilitate the single family dwelling as part of the HOME
funded Homebuyer Program.
FINANCIAL IMPACT: The funding used for the purchase and rehabilitation
will come from 2016 HOME funds.
STAFF RECOMMENDATION: To approve the request to purchase the
property.
H. Community Relations Committee Appointment City Clerk
SUMMARY OF REQUEST: To accept the recommendation of the Community
Relations Committee to appoint Josie Jones to the Citizen’s Police Review
Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To accept the recommendation.
Motion by Commissioner Johnson second by Commissioner Warren, to approve
the consent agenda as presented, except Item E, F, and G.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2018-09 ITEMS REMOVED FROM CONSENT AGENDA:
E. Special Event Request – Great Lakes Surf Festival at Pere Marquette Park
Planning
SUMMARY OF REQUEST: A special event application has been submitted for the
Great Lakes Surf Festival to be held at Pere Marquette Park on August 17 & 18,
Page 2 of 4
2018. It will be fa family –friendly event celebrating water sports such as
paddleboarding, kayaking, and windsurfing/kiteboarding. City staff has met
with the applicant, Joe Bidawid, twice and we have given preliminary approval
for the event so that he can obtain sponsors and advertise. He is requesting to
add overnight camping with the event, which requires City Commission
approval. The camping areas would be similar to what Burning Foot had last
year.
Overnight camping proposal: Tent camping is proposed on the beach to the
south of the handicap-accessible boardwalk. RV camping is proposed in the
grassy area a Margaret Drake Elliott Park adjacent to the parking lot near the
Coast Guard station. Camping areas will open on Friday, August 1 and be
cleared out by 11:00 a.m. on Sunday, August 19. All camping areas will be
monitored by festival personnel. The applicant will be required to obtain the
necessary Health Department permits.
FINANCIAL IMPACT: The City will receive a percentage of camping
revenue.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Turnquist second by Commissioner Johnson, to
approve overnight camping at the Great Lakes Surf Festival at Pere Marquette
Park.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
F. Skate Park Fund Amendment City Manager
SUMMARY OF REQUEST: In 2016, the Commission created a Community Project
Fund with the Community Foundation in an attempt to raise funds to build a
skate park. The fund has generated very few donations aside from the City’s
initial $10,000 investment, as active fundraising has not gotten underway yet due
to a desire to have the intended location and design elements determined first.
It’s the City’s intent to still pursue a new skate park. Staff is recommending that
the fund be transitioned from a community project fund to an organization
endowment focused on all Muskegon Parks. Once the endowment is created,
the fund will be known as the “City of Muskegon Parks Fund,” and the
Community Foundation will transfer the existing balance of the “Muskegon Parks
Fund”. The “City of Muskegon Parks Fund” will have an initially-endowed
balance of approximately $22,000.
FINANCIAL IMPACT: None
Page 3 of 4
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment and authorize the
Mayor to sign.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the amendment and authorize the Mayor to sign.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
G. Windward Pointe Master Plan City Manager
SUMMARY OF REQUEST: In 2017, the Commission agreed to provide $75,000
toward the master planning of the Windward Pointe project. Since that time, a
donor has offered to gift the City of Muskegon an additional $25,000 toward
that master planning effort. The City has received the donation and staff is
requesting permission to pass the $25,000 through to Pure Muskegon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To accept the gift and commit an additional
$25,000 to the Windward Pointe Master Plan.
Motion by Commissioner German, second by Commissioner Warren, to accept
the gift and commit an additional $25,000 to the Windward Pointe Master Plan.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Discussion took place regarding beach rentals, hiring
local workers for building projects, the annual Goal Setting meeting, and an
update was provided regarding a specific crime incident.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:44 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC, City Clerk
Page 4 of 4
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
Re: Approve changes to Priority Home Repair and Vinyl Siding
Program Rules
____________________________________________________________
SUMMARY OF REQUEST: To authorize Community and Neighborhood
Services to change Priority Home Repair and Vinyl Siding Programs.
Changes are to raise the income limits to the 80% AMI, remove the
depreciation of the 5 year lien and lower the service limitation from 10 years
to 6 years.
PRIORITY HOME REPAIR PROGRAM
Current Program Proposed Changes
Application Fee – None $60 for 51-80% AMI
PRIORITY HOME REPAIR PROGRAM AND VINYL SIDING PROGRAM
Current Program Proposed Changes
Liens Placed on Property - $3500+ $1500+
FINANCIAL IMPACT: This allow us to help more home owners with CDBG
funds.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The proposal has already been
approved by the Citizen’s District Council at their February 6, 2018 meeting.
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: February 27, 2018
SUBJECT: Sanitary Sewer Improvements
SUMMARY OF REQUEST:
Authorize staff to sign the attached Professional Service Agreement Amendment to the attached,
previously approved, Oak Grove and Clay Hill Sanitary Sewer Improvements Agreement. The
$14,900 in additional costs are for survey, drafting, construction staking and property iron
replacement. This work was not required in the original project scope.
FINANCIAL IMPACT:
Total Cost $14,900.
BUDGET ACTION REQUIRED:
It has been included in the 2nd quarter reforecast.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Prein & Newhof pending Commission approval
of the 2nd quarter reforecast.
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: February 27, 2018
SUBJECT: 2018 Dozer Rental for Beach Leveling
SUMMARY OF REQUEST:
Staff is requesting permission to enter into a rental agreement with Contractors Rental Corp., out
of Grand Rapids, MI for a John Deere 850K WLT Dozer for leveling sand at Pere Marquette
Beach.
FINANCIAL IMPACT:
Estimated cost for the 2018 Dozer rental is $9,450 (which includes $450 for delivery and
pickup).
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve request.
COMMITTEE RECOMMENDATION:
City of Muskegon
Memo
To: LeighAnn Mikesell
From: Doug Sayles
Date: 2/14/18
Re: Dozer Rental for Annual Beach Leveling at PM Park
Below are 3 solicited bids for the dozer rental for the Highway Departments’ beach
leveling project, at PM Park for 2018.
Michigan CAT submitted a bid proposal of $7,699 per month plus $900 for delivery and
pickup for a total of $8,599. The machine quoted is smaller than what we normally rent
and therefore we would need to rent it longer than a month to accomplish the task of
leveling the beach which would be an added cost of $2,713.50 per week.
Southeastern Equipment Co., Inc. submitted a proposal of $7,800 per month plus
$1000 for delivery and pickup for a total of $8,800. While the machine quoted is
adequate to level the beach in the month timeframe, after repeated emails and phone
calls to the Regional Manager to confirm availability of the machine, we have not made
contact or been able to confirm availability of such.
Contractors Rental Corporation submitted a proposal of $9,000 per month plus $450
for delivery and pickup, for a total of $9,450. The machine quoted is adequate to level
the beach and we were able to confirm availability.
Based on the availability of the dozer, adequate size and the tabulated bids above,
Contractors Rental Corp., is the lowest cost responding bidder to service our needs.
Therefore, DPW Supervisory Staff is requesting permission to rent the John Deere
Dozer from Contractors Rental Corp., for leveling the beach at PM Park, for 2018.
1
Agenda Item No.
Date: February 27, 2018
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: 2018, 2019 and 2020 Street Sweeping Contract
________________________________________________________
SUMMARY OF REQUEST:
To award three-year contract to provide four (4) annual street
sweepings to Tri-Us Services, Inc., 78 N. Ball Creek Rd., PO Box
123, Kent City, MI 49330.
FINANCIAL IMPACT:
Cost will be $269,349.00 each year; $808,047.00 over the course of
the contract. Excludes special requests charged at $150/hour.
BUDGET ACTION REQUIRED:
None; monies appropriated in Highway and State Trunkline budgets.
STAFF RECOMMENDATION:
Approval of this request.
Date: February 27, 2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
Subject: 2018, 2019, 2020 Street Sweeping Contract
Invitations to bid on the 2018-2020 Street sweeping contract were mailed to two previous
bidders (Tri-Us Services and Sanisweep) and one by request (Curbco), along with being
published in the Muskegon Chronicle on 1/20/18. One bid proposal was received to
provide street sweeping services for years 2018, 2019 and 2020 was received as a result:
Tri-Us Services, Inc., 78 N. Ball Creek Road, Kent City, Michigan.
Four annual sweeps are required of 358.62 miles of non-trunkline curbed and uncurbed
paved streets and paved shoulders and 19.80 miles of trunkline (city portions of Apple
Avenue and Seaway and Shoreline Drive) curbed and uncurbed paved streets and paved
shoulders. Vendor must also perform special sweeping requests as solicited.
Tri-Us Services, Inc. bid $269,349.00 X 3 years = $808,047.00
Annual breakdown
358.62 non-trunkline curb miles 4 sweeps per year $251,034.00
19.80 trunkline curb miles 4 sweeps per year $ 18,315.00
$150.00 per hour, special requests
Funds to cover all expenses are budgeted. Trunkline expenses are reimbursed by the
state.
It is our recommendation that the contract be awarded to Tri-Us Services, Inc. In
addition to being the only bidder, Tri-Us has provided satisfactory service the past
twenty-one (21) years.
(L/DPW/Bids/2018…)
Date: February 27, 2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Tahoe Police Cruiser
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one Chevy Tahoe from
Berger Chevrolet the State Mi-Deal contract holder. The price of this purchase is
$35,246.00 coming from the Equipment budget.
FINANCIAL IMPACT:
$35,246.00
BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.
STAFF RECOMMENDATION:
Authorize staff to purchase (1) Chevy Tahoe from Berger Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\022718\08_2018 Chevy Tahoe.doc
Date: February 27, 2018
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Fleet Replacement Vehicle
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one Chevy Pickup Truck
from Betten Chevrolet the lowest qualified bidder. The price of this purchase is
$33,975.00 coming from the Equipment budget.
FINANCIAL IMPACT:
$33,975.00
BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.
STAFF RECOMMENDATION:
Authorize staff to purchase (1) Chevy Pickup Truck from Betten Chevrolet.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\022718\09_2018ChevyPickup.doc
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 339
Terrace Point Circle
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Amy and William Hosford for the new construction of a home at 339 Terrace Point
Circle. The estimated cost for construction is $518,978. The applicant has met local
and state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:
Taxation will be applied as one-half of the previous year’s state average principal residence
millage rate to the value of the facility.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
2/21/2018
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Amy and William Hosford to construct a home at 339 Terrace Point Circle in
the Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Amy and William Hosford be approved.
Adopted this 27th day of February, 2018.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
2/21/18
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 February 27, 2018.
By: ________________________
Ann Meisch
City Clerk
2/21/18
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of a Neighborhood Enterprise Zone Certificate – 329
Terrace Point Circle
SUMMARY OF REQUEST:
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received
from Andrew Maciejewski for the new construction of a home at 329 Terrace Point
Circle. The estimated cost for construction is $395,000. The applicant has met local
and state requirements for the issuance of the NEZ certificate.
FINANCIAL IMPACT:
Taxation will be applied as one-half of the previous year’s state average principal residence
millage rate to the value of the facility.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the NEZ certificate.
COMMITTEE RECOMMENDATION:
None
2/21/2018
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Andrew Maciejewski to construct a home at 329 Terrace Point Circle in the
Terrace Point Condominium neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after
construction commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for twelve (12)
years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Andrew Maciejewski be approved.
Adopted this 27th day of February, 2018.
Ayes:
Nays:
Absent:
By: __________________________
Stephen J. Gawron, Mayor
Attest: _________________________
Ann Meisch
City Clerk
2/21/18
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 February 27, 2018.
By: ________________________
Ann Meisch
City Clerk
2/21/18
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Vacation of Market St between Western Ave and Terrace St.
SUMMARY OF REQUEST:
Staff is requesting to vacate Market St between Western Ave and Terrace St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the street.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended in favor to vacate the street by a 6-0 vote,
with three members absent.
2/21/2018 1
CITY OF MUSKEGON
RESOLUTION No.______________
RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET
WHEREAS, a petition has been received to vacate Market St between Western Ave and Terrace
St; and
WHEREAS, the Planning Commission held a public hearing on February 15, 2018 to consider the
petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the February 27, 2018 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Market St between Western Ave and Terrace St; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as to conflict with any fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over
and upon said portion of street hereby vacated, and it is hereby expressly declared that any such
rights shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the vacated street which, in the sole judgment of the City, will interfere
with the repair or maintenance of utilities in the easement, public or private.
Adopted this 27th day of February 2018.
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron, Mayor
Attest:
Ann Meisch, MMC, City Clerk
CERTIFICATE (Vacation of Market St between Western Ave and Terrace St)
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 February 27, 2018.
______________________________
Ann Meisch, MMC
Clerk, City of Muskegon
CITY OF MUSKEGON
PLANNING COMMISSION
STAFF REPORT (EXCERPT)
Hearing, Case 2018-04: Staff-initiated request to vacate Market St between Western Avenue
and Terrace St.
SUMMARY
1. The Farmers Market currently hosts many events that utilize a temporary liquor license.
The City has to apply for a temporary liquor license with the State of Michigan every
time an event is held.
2. A permanent license is available, but it cannot be utilized across a public street.
Vacanting the street would solve the problem and the liquor license could be used in the
designated area, which would include the building and the street and a small area across
of the street near the stage. Please see the map below that depicts the approximate area
that the liquor license could be used.
3. The City would still maintain the street as a public street, but vacating it would allow for
more flexibility for closure during special events. There are no plans to close the street
other than temporarily for events, as it currently happens.
4. Staff sent notices to all property owners adjacent to Market St and had not received any
comments at the time of this writing.
Approximate Area Where Liquor License Would Be Granted After Street Vacation
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for the establishment of an Industrial
Development District at 895 4th St
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Pigeon Hill Brewing Company, LLC, has
requested the establishment an Industrial Development District at 895 4th St. The
establishment of the district will allow the company to become eligible for Industrial Facilities
Tax Abatements (IFTs).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the establishment of the Industrial Development District.
COMMITTEE RECOMMENDATION:
None
2/21/2018
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 895 4th ST, MUSKEGON, MI
49440
PIGEON HILL BREWING COMPANY, LLC
WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has the
authority to establish an Industrial Development Districts within the City of Muskegon; and
WHEREAS, Pigeon Hill Brewing Company, LLC has petitioned the City Commission of the City of Muskegon to
establish an Industrial Development District on its property located in the City of Muskegon hereinafter
described; and
WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the
time of filing the request to establish this district; and
WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to
the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the
establishment of the proposed district; and
WHEREAS, on February 27, 2018 a public hearing was held at which all owners of real property within the
proposed Industrial Development District and all residents and taxpayers of the City of Muskegon were afforded
an opportunity to be heard thereon; and
WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Industrial Development District as proposed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit:
PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, LIBER 3, PAGE 71
DESCRIBED AS FOLLOWS:COMMENCING AT A FOUND VERTICAL RAILROAD RAIL ON THE LINE
BETWEEN BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS, NORTHWESTERLY OF THE
NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40 DEGREES 43 MINUTES 49 SECONDS
EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563, A DISTANCE OF 200.00 FT., THENCE SOUTH 34
DEGREES 26 MINUTES 46 SECONDS WEST, A DISTANCE OF 416.28 FEET, THENCE SOUTH 34
DEGREES 29 MINUTES 42 SECONDS WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 38 DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65
FEET; THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET NORTHWESTERLY OF
THE RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES TO THE EXISTING RAILROAD, A
DISTANCE OF 260.28 FEET (CURVE DATA BEING, RADIUS=1,777.07 FEET, DELTA=8 DEGREES 23
MINUTES 30 SECONDS, LONG CHORD AND BEARING= =SOUTH 32 DEGREES 23 MINUTES 20
SECONDS WEST, 260.04 FEET); THENCE SOUTH 36 DEGREES 3 MINUTES 4 SECONDS WEST, ALONG
A LINE 40 FEET NORTHWESTERLY OF THE RAILROAD CENTERLINE, AS MEASURED AT RIGHT
ANGLES TO THE EXISTING RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY LINE
OF BLOCK 567; THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID
SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET THENCE NORTH 34 DEGREES 27 MINUTES 11
SECONDS EAST, A DISTANCE OF 385.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS.
is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended,
to be known as Pigeon Hill Industrial Development District.
2/21/18
Adopted this 27th Day of February 2018.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on February 27, 2018.
______________________________
Ann Meisch
Clerk
2/21/18
Commission Meeting Date: February 27, 2018
Date: February 21, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – Pigeon Hill Brewing Company, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Pigeon Hill Brewing Company, LLC, has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company
will be investing $1,250,000 in real property at their new location at 895 4th St. The
investment is expected to create up to 10 jobs.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of 10 years for real property.
COMMITTEE RECOMMENDATION:
None
2/21/2018
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
PIGEON HILL BREWING COMPANY, LLC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on February
29, 2018, this Commission by resolution established an Industrial Development District as
requested by Pigeon Hill Brewing Company, LLC, including their property at 895 4th St,
Muskegon, Michigan 49440; and
WHEREAS, Pigeon Hill Brewing Company, LLC has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to building improvements that will occur within said
Industrial Development District ; and
WHEREAS, said application was filed no later than six months after project commencement and the Muskegon
City Commission held a public hearing on February 27, 2018, at the Muskegon City Hall in Muskegon,
Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected
taxing units were given written notice and were afforded an opportunity to be heard on said application;
and
WHEREAS, the building improvements are calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Pigeon Hill Brewing Company, LLC , for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to building improvements on the following described parcel
of real property situated within the City of Muskegon to wit:
PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, LIBER 3, PAGE 71
DESCRIBED AS FOLLOWS:COMMENCING AT A FOUND VERTICAL RAILROAD RAIL ON THE LINE
BETWEEN BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS, NORTHWESTERLY OF THE
NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40 DEGREES 43 MINUTES 49 SECONDS
EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563, A DISTANCE OF 200.00 FT., THENCE SOUTH 34
DEGREES 26 MINUTES 46 SECONDS WEST, A DISTANCE OF 416.28 FEET, THENCE SOUTH 34
DEGREES 29 MINUTES 42 SECONDS WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 38 DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65
FEET; THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET NORTHWESTERLY OF
THE RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES TO THE EXISTING RAILROAD, A
2/21/18
DISTANCE OF 260.28 FEET (CURVE DATA BEING, RADIUS=1,777.07 FEET, DELTA=8 DEGREES 23
MINUTES 30 SECONDS, LONG CHORD AND BEARING= =SOUTH 32 DEGREES 23 MINUTES 20
SECONDS WEST, 260.04 FEET); THENCE SOUTH 36 DEGREES 3 MINUTES 4 SECONDS WEST, ALONG
A LINE 40 FEET NORTHWESTERLY OF THE RAILROAD CENTERLINE, AS MEASURED AT RIGHT
ANGLES TO THE EXISTING RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY LINE
OF BLOCK 567; THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID
SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET THENCE NORTH 34 DEGREES 27 MINUTES 11
SECONDS EAST, A DISTANCE OF 385.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of 10 years on real property and no extensions will be allowed.
Adopted this 27th Day of February 27, 2018.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on February 27, 2018.
______________________________
Ann Meisch
Clerk
2/21/18
Commission Meeting Date: February 20, 2018
Date: February 20, 2018
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Second Quarter 2017-18 Budget Reforecast
SUMMARY OF REQUEST: At this time staff is transmitting the Second
Quarter 2017-18 Budget Reforecast which outlines proposed changes to the
budget that have come about as result of changes in revenue projects, policy
priorities, labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: A summary of second quarter proposed adjustments to
the budget are as follows:
• General Fund revenues are reforecast to be $1,485,469 higher than the
original budget, largely due to higher State projections for State Shared
Revenue and the Personal Property Tax Replacement. The permit
revenues are up more than double the original projection.
• General Fund expenditures are reforecast to be $1,188,887 higher than the
original budget, most of the adjustments were for Safebuilt based on the
higher revenues projections for permits.
• There were some refinements to the Capital Projects budget resulting in an
overall net increase of $449,000. These are mostly in the Water Fund based
on higher than projected project costs, some emergency work and some
projects postponed.
BUDGET ACTION REQUIRED: City commission approval of this reforecast
with formally amend the City’s 2017-18 budget.
STAFF RECOMMENDATION: Approval.
COMMISSION MEETING DATE: February 27, 2018
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 #: EN1716494 - 496 Octavius St. (garage only)
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the Garage structure located at 496
Octavius Street is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. 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.
Location and ownership: This structure is located on Octavius Street between
Jackson Ave and Sumner Ave in the Jackson Hill Neighborhood and is owned by Kirk &
Julia Forney, 11691 Island Lakes Lane, Boca Raton, FL 33498.
Staff Correspondence: The damage to the garage occurred on December 23, 2017.
A notice to repair or remove the structure was sent on December 27, 2017 with no
response from owner(s).
The Notice & Order was sent on January 3, 2018. A ten notice was sent on January 23,
2018.
On February 1, 2018, the HBA declared the garage structure substandard and
dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $2,500 (entire property)
Garage Assessed Value: $6,893
Estimated cost to repair garage: $2,800
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact:
No contact with the owner(s) throughout the process. Owner(s) did not attend the HBA
meeting.
Permits obtained: None
DANGEROUS BUILDING INSPECTION
Enforcement # EN1716494
Property Address: 496 OCTAVIUS ST
Parcel # 24-205-150-0003-00
Date completed: 12-27-17 (Incident occurred on 12-23-17)
INFORMATION: Vehicle reported to have driven through the garage causing extensive
damage to the garage and vehicle. See police report for further incident information.
DEFICENCIES:
1. North wall of garage received serve damage from vehicle. Studs, sheeting, siding
and foundation blocks are missing or damaged.
2. Overhead door wall foundation has been damaged as where the wall and
foundation blocks have been dislodged and damaged
3. Overhead door has been removed and destroyed by vehicle impact
4. Soffits and fascia are rotted, missing or not attached
Jay Paulson, Inspector
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS OF THE GARAGE AT 496 OCTAVIUS ST
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