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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 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: Review of Final Imagine Muskegon Lake Plan with Consultants □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Special Event Liquor License – Cole’s Anniversary Party City Clerk C. Special Event Liquor License – Taste of Muskegon City Clerk D. Fireworks Display Permit for Heritage Landing City Clerk E. Fireworks Display Permit for Muskegon Country Club City Clerk F. 123 Net Unilateral METRO Act Permit Engineering G. Aggregates, Highway Maintenance Materials and Concrete Department of Public Works H. Lakeshore Drive Preliminary and Construction Engineering Department of Public Works □ PUBLIC HEARINGS: □ COMMUNICATIONS: □ UNFINISHED BUSINESS: Page 1 of 2 □ NEW BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: Public Safety 425 Octavius Street 609 Mulder Street 955 Turner Avenue 1317 7th Street 1768 Wood Street 1814 Dyson 1699 Pine Street B. Request to Amend the Planned Unit Development (PUD) at 1161 W. Southern Avenue Planning & Economic Development C. Request to Amend the Planned Unit Development (PUD) at 1670 E. Sherman Boulevard Planning & Economic Development D. Rezoning Several Properties Planning & Economic Development E. Amendment to the Zoning Ordinance – Wireless Communication Service Facilities Planning & Economic Development F. Purchase of Property for Industrial Park Expansion Planning & Economic Development □ 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: A. Collective Bargaining □ 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: March 22, 2018 Here is a quick outline of the items on our agenda(s): 1. Under the Consent Agenda, we are asking the Commission to consider the following: a. Approval of meeting minutes from the most-recent City Commission meeting. b. Approval of a special event liquor license for Cole’s Bakery’s 75th Anniversary Party. Cole’s is throwing a big community celebration as a thank you for 75 years of support from the Muskegon Community. The event will take place at Heritage Landing and will be free to the public. The event will include a concert and a fireworks display. c. Approval of a special event liquor license for Taste of Muskegon. This is the first year that our Clerk’s office will be heading the event in place of Downtown Muskegon Now. d. Approval of a fireworks display permit for the 4th of July celebration at Heritage Landing. This is an annual event as part of Rock Stock. e. Approval of a fireworks display for the 4th of July celebration at the Muskegon Country Club. This is an annual event and will not conflict with the event at Heritage Landing, as it will take place on day earlier. f. Approval of a telecommunications permit under the METRO Act for 123 Net. The METRO Act does require that we authorize this request as long as it is compliant with the Act – it is. The City does receive permit fees related to the telecommunications infrastructure in our right-of-ways. g. Award bids for miscellaneous highway maintenance materials to the low bidders of each supply type. The annual cost of these materials is expected to reach $472,397.00. h. Authorization to enter into an agreement with Prein & Newhof for the design engineering work related to the reconstruction of Lakeshore Drive. Prein & Newhof has undertaken a number of engineering projects in the City of Muskegon, including the recent reconstruction of Muskegon and Webster Avenues. 2. Under the New Business, we are asking the Commission to consider the following: a. Concurrence with the Housing Board of Appeals recommendation to demolish seven structures. b. Concurrence with the Planning Commission’s recommendation to amend the Planned Unit Development at 1161 W Southern Ave (former Nims School) to demolish the former gymnasium and expand the parking lot. c. Concurrence with the Planning Commission’s recommendation to amend the Planned Unit Development at 1670 E Sherman Blvd to redevelop a vacant restaurant to an urgent care facility to be operated by Mercy Health Partners. d. Concurrence with the Planning Commission to rezone a number of residential parcels that are currently zoned as commercial/business. The rezoning will help the owners with future changes/developments/financing related to their homes. e. Concurrence with the Planning Commission to expand the overlay district to allow cellphone towners at Marsh Field and the Water Filtration Plant. Public input was received on both sites. There were no objections to the Marsh Field site. There were some objections to the Water Filtration Plant site, but staff feels that the final location addressed many/all of those concerns. Let me know if you have any questions/comments/concerns Date: March 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 March 12, 2018 Worksession Meeting and the March 13, 2018 Regular Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, March 12, 2018 5:30 p.m. City Commission Chambers MINUTES 2018-14 Present: Gawron, German, Rinsema-Sybenga, Johnson, Warren, Hood, and Turnquist Absent: None Purchase Agreement – 241 and 255 West Western, 1251 8th Street City staff has been working with a housing developer that is interested in creating multifamily housing in Muskegon. After careful consideration, the developer has identified three parcels: 241 West Western, 255 West Western, and 1251 8th Street. This item is on the agenda for the regular meeting tomorrow, March 13, 2018. 880 First Selective Demolition, Abatement, and Site Prep City staff is seeking permission to begin selective demolition of the five story office building located at 880 First Street. Three bids were received, with the lowest responsible bidder being Melching, Inc. Staff is seeking approval to reimburse Port City Construction up to $350,000 to undertake the selective demolition, abatement, and site preparation. This item is on the agenda for the regular meeting tomorrow, March 13, 2018. Service Firearm Program The Director of Public Safety requests that the Commission authorize the amount of $49,962.10; for the purchase of department issued primary hand guns for all Muskegon sworn police officers. This firearms platform proposed (GLOCK 17 Gen 5 pistol), will replace our current system where officers purchase and attempt to maintain a primary duty weapon at their expense, which has been less than successful. Muskegon Police Officers currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options (POLC contract). This firearm is expensive to purchase, and the use of three (3) options of ammunition is costly for the department and can present logistical issues in the field. Allowing different caliber(s) in primary service weapons is not recommended and ammunition is not interchangeable in the handguns, again causing logistical issues. Our proposed platform increases officer safety, efficiency with the move to a one (1) caliber system (9mm) department wide for the proposed primary duty weapon. The department will own, maintain, issue, and check-in firearms and support equipment as officers pass through our department from hire to retirement. This item is on the agenda for the regular meeting tomorrow, March 13, 2018. 1 of 2 Medical Marihuana Facilities Licensing Act – Opt in or Out Staff is requesting that the City Commission make a determination whether to opt in or out of the Michigan Medical Marihuana Facilities Licensing Act (MMFLA). We have included an excerpt from the February 15 Planning Commission meeting, the proposed zoning ordinance amendment with the overlay districts, and the proposed regulatory ordinance. The Planning Commission voted in favor (4-2) of recommending to the City Commission to approve the zoning ordinance amendment for the MMFLA overlay district at their February 15 meeting. Discussion took place regarding whether the city should or should not opt in and about adding some incentives for local residents. There was also discussion as to the size of the area and license classes to be allowed. This matter will be placed on the Worksession Agenda for April 9, 2018 Any Other Business Per the City Manager, Frank Peterson, two items need to be added to the agenda for the regular meeting tomorrow, Tuesday, March 13, 2018. The items are Administrative Vehicle Replacement and 1000 W. Western and Hartshorn Marina. Public Comment Public Comments were received. Adjournment The Worksession meeting adjourned at 8:36 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk 2 of 2 CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 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, March 13, 2018. Sister Agnes Mary, St. Michael’s Catholic Church, 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, and Dan Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Commissioner Willie German, Jr. INTRODUCTIONS/PRESENTATION: Mayor Stephen J. Gawron presented a group of Girl Scouts with a proclamation Celebrating Girl Scout Ween and the Importance of Girls’ Leadership Development. 2018-15 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve minutes of the February 27, 2018 Regular Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Fire – Hurst EDraulic Ram Public Safety SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the amount of $17,130.00 for the purchase of two Hurst EDraulic Ram tools with 4 EXL Lithium ion batteries and charging units. The Muskegon Fire Department’s antiquated hydraulic “Ram” tool is in disrepair and Page 1 of 7 outside the scope of service life. The two Ram tools will be utilized in critical lifesaving situations for efficient extrications, and to complement our battery operated Hurst “Spreader” and “Cutting” Tools. FINANCIAL IMPACT: Negative Impact on Fire Budgeted BUDGET ACTION REQUIRED: No action at this time (to be reviewed in third quarter forecast) STAFF RECOMMENDATION: Staff recommends approval of the Two Hurst EDraulic Ram Tools. E. One Year Janitorial Services Extension Department of Municipal Services SUMMARY OF REQUEST: Extend the current janitorial services contract with Reliant Professional Cleaning for City Hall and the Public Service Building for one year through April 30, 2019. FINANCIAL IMPACT: Cost will be $35,280.00 for City Hall and $12,156.00 for Public Service Building through April 30, 2019. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the one year extension with Reliant Professional Cleaning Services to provide cleaning services through April 2019. F. Mercy Health Easement DPW SUMMARY OF REQUEST: Mercy Health has requested an easement for ingress/egress across city property at the end of Harvey Street for access to a newly constructed employee parking lot. Maintenance, repairs and snowplowing for the easement property are the sole responsibility of Mercy Health, and maintenance and repair work require prior approval by the City. Staff request that the easement be approved for signature. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve the easement for signature. G. State Revolving Fund, DEQ Loan Program, Engineering Costs DPW/Water and Sewer SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein & Newhof to develop a Project Plan for the City’s sanitary sewer system, which is required to apply for a low interest State Revolving Fund (SRF) loan from the MDEQ. With the completion of the SAW (Stormwater, Asset Management, and Wastewater) Grant work, the City is in a position to take advantage of the MDEQ loan program which provides funding to address the failing infrastructure discovered during the asset inventory. Our city’s demographics may allow us to Page 2 of 7 receive some principal forgiveness. Prein & Newhof is being recommended since they managed the SAW Grant work and have familiarity with the needs of our sanitary system. The engineering cost is a “not to exceed” $55,000. FINANCIAL IMPACT: The total cost of engineering services is $44,000 to be covered by City’s sewer fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Prein & Newhof for engineering services to develop a SRF Project Plan for the City’s sanitary sewer system. H. Purchase Agreement – 241 and 255 West Western, 1251 8th Street City Manager SUMMARY OF REQUEST: City staff has been working with a housing developer that is interested in creating multifamily housing in Muskegon. After careful consideration, the developer has identified three parcels: 241 West Western, 255 West Western, and 1251 8th Street. FINANCIAL IMPACT: $75,000 minus closing costs – deposited to the City’s Public Improvement Fund BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize the City Manager to negotiate a purchase agreement with Dusendang Custom Homes for $75,000, providing 60 days of due diligence for the purchaser and up to 18 months for completion of the projects. Motion by Commissioner Warren, second by Vice Mayor Hood, to approve the consent agenda as presented, except Item C, D, and I. ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES 2018-16 ITEMS REMOVED FROM CONSENT AGENDA: C. Approval of Building Contract for 1025 E Forest Avenue Community and Neighborhood Services SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of 1025 E. Forest Avenue to Custom Exteriors, for the City of Muskegon’s Homebuyers Program through CNS. FINANCIAL IMPACT: The funding for this project has been secured with 2017 HOME Funds. Page 3 of 7 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To award Custom Exteriors the rehabilitation contract for 1025 E. Forest in the amount $61,051.00, for the Community and Neighborhood Services Office. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga, to award Custom Exteriors the rehabilitation contract for 1025 E. Forest in the amount of $61,051.00 for the Community and Neighborhood Services Office. ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES D. Purchase of the Home at 1188 4th Street Planning & Economic Development SUMMARY OF REQUEST: Staff is requesting approval to purchase the home at 1188 4th Street for $85,000 plus closing costs. The seller is also requesting that the City pay the outstanding 2017 and 2018 taxes and the transfer taxes. This property is important for the redevelopment of the area, including the next phase of Midtown Square homes. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To allow the City Manager to enter into a purchase agreement with the seller. Motion by Commissioner Turnquist, second by Johnson, to allow the City Manager to enter into a purchase agreement with the seller ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Johnson, Gawron, and Hood Nays: Turnquist MOTION PASSES I. 880 First Selective Demolition, Abatement, and Site Prep City Manager SUMMARY OF REQUEST: City staff is seeking permission to begin selective demolition of the five story office building located at 880 First Street. Three bids were received, with the lowest responsible bidder being Melching, Inc. Staff is seeking approval to reimburse Port City Group up to $350,000 to undertake the selective demolition, abatement, and site preparation. FINANCIAL IMPACT: Not to exceed $350,000 BUDGET ACTION REQUIRED: None at this time – the expense will be Page 4 of 7 documented in the 3rd Quarter Reforecast. STAFF RECOMMENDATION: To authorize the City Manager to reimburse Port City Group up to $350,000 to undertake the selective demolition, abatement, and site preparation costs at 880 First Street. Motion by Commissioner Johnson, second by Commissioner Warren, to authorize the city manager to reimburse Port city Construction up to $350,000 in selective demolition, abatement, and site preparation costs at 880 first street which will ultimately be paid back to the city at time of property sale closing and/or once occupancy permit is issued. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren Nays: None MOTION PASSES 2018-17 PUBLIC HEARINGS: A. Recommendation for Annual Renewal of Liquor Licenses City Clerk SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of those liquor license establishments who are in violation of Section 50-146 and 50- 147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 13, 2018, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adoption of the resolution. PUBLIC HEARING COMMENCED: No public comments were received. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to close the Public Hearing and adopt the resolution. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren Nays: None MOTION PASSES 2018-18 NEW BUSINESS: A. Service Firearm Program Public Safety SUMMARY OF REQUEST: The Director of Public Safety requests that the Page 5 of 7 Commission authorize the amount of $49,962.10 for the purchase of department issued primary hand guns for all Muskegon sworn police officers. This firearms platform proposed, (GLOCK 17 Gen 5 piston), will replace our current system where officers purchase and attempt to maintain a primary duty weapon at their expense, which has been less than successful. Muskegon Police Officers currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options (POLC Contract). This firearm is expensive to purchase, and the use of three options of ammunition is costly for the department and can present logistical issued in the field. Allowing different calibers in primary service weapons is not recommended and ammunition is not interchangeable in the handguns, again causing logistical issues. Our proposed platform increases officer safety and efficiency with the move to a one caliber system (9mm) department wide for the proposed primary deputy weapon. The department will own, maintain, issue, and check-in firearms and support equipment as officers pass through our department from hire to retirement. FINANCIAL IMPACT: None – GF Budgeted BUDGET ACTION REQUIRED: Firearm & support equipment proposed platform will be funded by the Drug Forfeiture Fund STAFF RECOMMENDATION: Staff recommends approval of this platform to update and enhance the department with primary service pistols and supporting equipment. Motion by Vice Mayor Hood, second by Commissioner Turnquist, to approve this platform to update and enhance the department with primary service pistols and supporting equipment. ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema- Sybenga Nays: None MOTION PASSES B. Administrative Vehicle Replacement DPW/Equipment SUMMARY OF REQUEST: Authorize staff to purchase three Chevy Impalas from Berger Chevrolet the Mi-Deal State contract holder. This will replace the three oldest administrative vehicles currently being used. Cost to the City will be $23,183 per vehicle. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: $23,183 x three - $69,549.00 STAFF RECOMMENDATION: Authorize staff to purchase three Chevy Impala’s from Berger Chevrolet. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, Page 6 of 7 authorize staff to purchase three Chevy Impalas from Berger Chevrolet. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and Turnquist Nays: None MOTION PASSES C. Letter of Intent – 1000 West Western Ave Sales Agreement SUMMARY OF REQUEST: The City Commission accepted a $249,000 purchase offer from Smith Equities in 2016. After nearly one year of due diligence, Smith Equities is ready to finalize the details of the purchase agreement under their Harbor West, LLC. The Letter of Intent outlines the commitments that Harbor West, LLC and the City of Muskegon intend to commit to as part of the Purchase Agreement. The remaining due diligence activities to be undertaken by Harbor West, LLC will be costly; providing this signed letter of intent will give them the necessary security that the city is generally agreeable to the terms that will be in the purchase agreement. FINANCIAL IMPACT: $250,000 minus closing costs – deposited to the City’s Public Improvement Fund BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize the city manager to sign the Letter of Intent and negotiate a final purchase agreement with Harbor West, LLC consistent with the terms of the Letter of Intent. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, authorize staff to purchase three Chevy Impalas from Berger Chevrolet. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and Turnquist Nays: None MOTION PASSES PUBLIC PARTICIPATION: No public comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:25 p.m. Respectfully Submitted, Ann Marie Meisch, City Clerk Page 7 of 7 Date: March 20, 2018 To: Honorable Mayor and City Commissioners From: City Clerk – Ann Meisch RE: Special Event Liquor License – Cole’s Anniversary Party SUMMARY OF REQUEST: The Muskegon City Clerk’s office has partnered with Cole’s Bakery to hold a community party on May 26, 2018, celebrating their 75th Anniversary this year and is seeking City Commission approval to apply for a license for Beer and Wine sales. FINANCIAL IMPACT: $50 permit from the State for every date requested and $75 bond. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. Date: March 20, 2018 To: Honorable Mayor and City Commissioners From: City Clerk – Ann Meisch RE: Special Event Liquor License – Taste of Muskegon SUMMARY OF REQUEST: The Muskegon City Clerk’s office is spearheading the Taste of Muskegon on Friday, June 15 and Saturday, June 16 this year and is seeking City Commission approval to apply for a license for Beer, Wine, and Spirit sales during the two-day event. FINANCIAL IMPACT: $50 permit from the State for every date requested and $75 bond. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. Date: March 20, 2018 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Fireworks Display Permit for Heritage Landing SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks display permit for July 4, 2018, at the Heritage Landing. The fire Marshall will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of insurance. DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Kristen Look Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 777 108th Ave NE, #200 (A/C, No, Ext): 425-586-1016 (A/C, No): 425-451-3716 E-MAIL Bellevue WA 98004 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : T.H.E. Insurance Company 12866 INSURED MIANINC-01 INSURER B : Liberty Insurance Corporation 42404 Miand, Inc. dba Night Magic Displays INSURER C : 3999 E. Hupp Road, Building R-3-1 INSURER D : La Porte, IN 46350 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1765550719 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CPP010529902 2/4/2018 2/4/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ X Per Show Agg PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 2/4/2018 2/4/2019 COMBINED SINGLE LIMIT $ 1,000,000 CPP010529902 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ A UMBRELLA LIAB X OCCUR ELP001210402 2/4/2018 2/4/2019 EACH OCCURRENCE $ 9,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000 DED RETENTION $ $ B WORKERS COMPENSATION WC34S311836058 2/4/2018 2/4/2019 PER OTH- X STATUTE ER B AND EMPLOYERS' LIABILITY Y/N WC534S524913038 2/4/2018 2/4/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as additional insured on the General Liability policy per form number CG133F (07/95) City of Muskegon all elected and appointed officials, all employees and volunteer, all boards, commissions and or authorities, and their board members, all employees and volunteers,B. Baskin Enterprises,No More Sidelines, and the County of Muskegon,are named as additional insured with respect to the July 4, 2018 firework display in Muskegon MI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Muskegon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 933 Terrace Street ACCORDANCE WITH THE POLICY PROVISIONS. Muskegon MI 49440 USA AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Date: March 20, 2018 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Fireworks Display Permit for Muskegon Country Club SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for July 3, 2018, at the Muskegon Country Club, 2801 Lakeshore Drive. The fire Marshall will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of insurance. Date: March 20, 2018 To: Honorable Mayor and City Commissioners From: Engineering RE: 123 Net – Unilateral METRO Act Permit SUMMARY OF REQUEST: Approve the request for a permit from 123 Net and authorize the Mayor to sign the permit. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the permit and sign the documents. AGENDA ITEM NO. __________ CITY COMMISSION MEETING __ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: March 27, 2018 SUBJECT: Aggregates, Highway Maintenance Materials and Concrete SUMMARY OF REQUEST: Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes Chloride Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc. Award bid to supply Sylvax patching material to Unique Paving Materials Award bid to supply AE-90 Asphalt Emulsions to Michigan Paving Materials Award bid for crack sealant to Sherwin Industries. Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company Award bid to supply road slag to Yellow Rose Transport Award bid to supply road gravel to Yellow Rose Transport Award bid to supply 2NS sand to Yellow Rose Transport Award bid to supply screened top soil to Accurate Excavators Award bid to supply Fill Sand to Accurate Excavators Award bid to supply 7-sack mix concrete to Port City Redi-Mix FINANCIAL IMPACT: $472,397.00 BUDGET ACTION REQUIRED: None; funds appropriated in several budgets. STAFF RECOMMENDATION: Recommend approval of bids as outlined in Summary of Request. To: The City Commission From: LeighAnn Mikesell, Municipal Services Director Date: March 27, 2018 Subject: 2018 Aggregates, Highway Maintenance Materials, and Concrete Purchases will be made from recommended bidder (in bold), contingent upon product availability, timely deliveries, and prices as quoted. 85,000 gallons Calcium Chloride 38% (road brine) ($53,550.00) Great Lakes Chloride P.O. Box 634, Grand Haven, MI 49417 $0.63 per gallon, spread 15,000 gallons Calcium Chloride 32% (winter salting) ($7,500.00) Great Lakes Chloride P.O. Box 634, Grand Haven, MI 49417 $0.50 per gallon, storage 200 ton Bituminous Asphalt Base ($12,700.00) Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $63.50 per ton, picked up Michigan Paving Mat 1100 Market Ave. SW, Grand Rapids, MI 49503 $65.50 per ton, picked up 1,000 ton Bituminous Asphalt Top ($64,500.00) Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $64.50 per ton, picked up Michigan Paving Mat 1100 Market Ave. SW, Grand Rapids, MI 49503 $66.50 per ton, picked up 500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6, or similar product ($53,925.00) Unique Paving Materials 3993 E. 93rd Street, Cleveland, OH 44105 $107.85 per ton, delivered Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190 $110.00 per ton, picked up 30,000 gallons AE-90 Asphalt Emulsions ($58,500.00) Bit-Mat Products 401 Tiernan Rd, Bay City, MI 48706 $2.00 per gallon, delivered Michigan Paving Mat 1100 Market Ave. SW, Grand Rapids, MI 49503 $1.95 per gallon, delivered 50,000 pounds Crack Sealant (block form) ($19,500.00) Sherwin Industries, Inc 2129 West Morgan Ave., Milwaukee, WI 53221 $0.39 per pound, delivered Surface Coatings, Co. 2280 Auburn Rd, Auburn Hills, MI 48326 $0.41 per pound, delivered 500 ton H1/32FA Limestone Chip Blend ($10,600.00) Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $21.20 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $21.57 per ton, delivered 2018 Aggregates, Highway Maintenance Materials, and Concrete March 27, 2018 Page 2 5,000 ton Road Slag 22-A Natural ($66,250.00) Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $13.45 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $13.25 per ton, delivered 500 ton Road Gravel 22-A ($5,925.00) Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $11.95 per ton, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $11.85 per ton, delivered Top Grade Aggregates` 3407 58th Street, Hamilton, MI 49419 $15.60 per ton, delivered 500 ton 2NS Sand ($4,625.00) Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $9.25 per ton, delivered Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $9.30 per ton, delivered Top Grade Aggregates` 3407 58th Street, Hamilton, MI 49419 $15.00 per ton, delivered 500 yards Screened Top Soil ($3,975.00) Accurate Excavators 2821 Central Rd, Muskegon, MI 49445 $7.95 per cubic yard, delivered Verplank P.O. Box 8, Ferrysburg, Muskegon, MI 49409 $8.00 per cubic yard, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $13.00 per ton, delivered Top Grade Aggregates` 3407 58th Street, Hamilton, MI 49419 $18.75 per cubic yard, delivered 500 ton Fill Sand ($2,875.00) Accurate Excavators 2821 Central Rd, Muskegon, MI 49445 $5.75 per cubic yard, delivered Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $6.00 per cubic yard, delivered Yellow Rose Transport 3531 Busch Dr., Grandville, MI 49418 $7.50 per cubic yard, delivered Top Grade Aggregates` 3407 58th Street, Hamilton, MI 49419 $8.37 per cubic yard, delivered Concrete mix as needed ($107,972.00 using 2017 quantities) Port City Redi-Mix $109.00 per cubic yard, 7 Sack Mix, delivered* 1780 Sheridan Road, Muskegon, MI 49442 Consumers Concrete $113.00 per cubic yard, 7 Sack Mix, delivered 4400 E. Evanston Avenue, Muskegon MI 49442 *The 7-sack mix is the most commonly used product. Low bid based on inclusion of other charges for “multiple drop locations” and “small load charges”. It should also be noted that concrete purchases may include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and extra unload time. Date: 3/20/2018 To: Honorable Mayor and City Commissioners From: Department of Public Works RE: Lakeshore Drive Preliminary and Construction Engineering SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein & Newhof for preliminary and construction engineering services related to the reconstruction and street-scaping of Lakeshore Drive from McCracken to Laketon. A request for proposals was advertised on February 16, 2018, with evaluation criteria as follows: understanding of the project and challenges, method of approach to the project, applicable experience, time and effort, and accessibility of the firm to City staff. Our intent is to select a consultant based on qualifications and negotiate the cost for work. Six proposals were received and reviewed independently by an engineering staff member and the director. Both reviewers selected Prein & Newhof as the top ranked firm. FINANCIAL IMPACT: $390,000 for engineering services to be covered by the major street fund BUDGET ACTION REQUIRED: Adjust engineering costs in third quarter reforecast STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Prein & Newhof for engineering services related to the reconstruction and street-scaping of Lakeshore Drive from McCracken to Laketon. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\032718\10_Commission Request Lakeshore Drive Consultant.doc COMMISSION MEETING DATE: March 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 #: EN1715626 – 425 Octavius 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 425 Octavius St 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 civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on Octavius St. between Jackson Ave and Wood St. The property is located in the Jackson Hill Neighborhood. The structure is owned by Anthony & Angel Neuman, 2715 Peck St apt 6, Muskegon Hts., MI 49444. Staff Correspondence: The complaint notice was sent on October 10, 2017. The Notice & Order was sent on December 6, 2017 A ten day notice was sent on December 22, 2017 for the January 4, 2018 HBA hearing. A ten day notice was sent on January 23, 2018 for the February 1, 2018 HBA hearing. A ten day notice was sent on February 20, 2018 for the March 1, 2018 HBA hearing. All notices are sent First Class and Certified Mail and posted on the property in question. On March 1, 2018, the HBA declared the structure substandard, dangerous and a nuisance. Financial Impact: General Funds Budget action required: None State Equalized value: $14,100 Estimated cost to repair: $24,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property Owner Contact: Owner came into the inspections the week of December 4, 2017 and said they were finishing another house in the City and were planning on keeping the house. I informed the owner she must have an approved plan of abatement before the January 4, 2018 hearing. No further contact from owner. On January 4, 2018, the day of the HBA hearing, the owner provided a hand written plan of abatement. The plan did not address all of the noted violations in the inspection report, provide a time table or estimated cost of repairs. Staff requested the HBA table the case for 30 days. On January 26, 2018 the owner requested an interior inspection. At the February 1, 2018 HBA hearing, the owner requested additional 30 days to provide the plan of abatement. The HBA granted her request for additional 30 days and required the owner to pay all outstanding fees, fines, and taxes on the property. No further contact from the owner. Permits obtained: None DANGEROUS BUILDING INSPECTION REPORT Owner NEUMAN ANTHONY/ANGEL 2715 PECK ST APT 6 MUSKEGON HEIGHTS, MI 49444 Enforcement # EN1715626 Property Address: 425 OCTAVIUS ST Parcel # 24-205-140-0014-00 Date completed: October 10, 2017 EXTERIOR DEFICENCIES: 1. Siding: Siding is rotted, missing, has holes and peeling paint 2. Windows: Windows are boarded, rotted, missing or broken 3. Soffits & fascia is rotted or missing and with peeling or no paint 4. The “weather head” where the electrical service enters the home is missing 5. The rear porch / addition roofing needs to be replaced 6. The porch or deck that was removed from the side of the home must have steps at the doorway 7. New doors installed without permits 8. Front porch entry door needs to be trimmed 9. Front cement block flower box needs to be repaired or removed 10. The gas meter has been removed from the home and the gas piping is not secured to the home 11. An interior inspection conducted on 4-6-2016, indicates much of the plaster/drywall has fallen from the ceiling and walls and must be replaced 12. Any exposed exterior walls must be insulated to meet code requirements before any drywall/plaster is installed (with the necessary permits) Date completed: January 26, 2018 INTERIOR DEFICENCIES: 1. Living Room: Room has gutted. New drywall, wiring and insulation required 2. Kitchen: Room has been gutted. A drawing of the cabinet location will be required. New drywall, wiring and insulation required. Plumbing must be updated and replaced 3. Rear entryway: Water has damaged much of the roof rafters. Rafters must be repaired and insulation added. Wiring and drywall must be replaced. 4. Center floor support of the home has collapsed approx. 6” to 8”. Floor must be jacked, leveled and properly supported. 5. Main floor Circuit panel has been removed. Note: The entire home must be rewired to code to include hardwired smoke detection throughout the home in all required locations. 6. Upper Floor Circuit sub panel: Panel has damaged and must be replaced 7. Lower & Upper Bathrooms: Bathroom has been gutted. A complete remodel is required to include drawings of the proposed locations of all fixtures, plumbing and electrical fixtures. You are required to add a bath ventilation fans. 8. Window: Many window are damaged beyond repair. New windows must meet energy and building code requirements. 9. Upper floor: All walls with OSB wood panels must be removed and replaced with drywall or plaster. 10. Handrails to upper floor are missing 11. Furnace & duct work has been removed and must be replaced 12. Plumbing: Plumbing is a combination of CPVC, PVC, PEX, galvanized and cast iron pipe. All plumbing must be repaired to code. 13. Floor covering are rotted, missing, damaged or not complete. All floor coverings must be repaired or replaced 14. Note: The two walls you desire to remove would require a structural engineer or an architect to design the correct supports as both walls are load bearing walls. 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. 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 425 OCTAVIUS St COMMISSION MEETING DATE: March 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 #: EN1715358 – 609 Mulder 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 609 Mulder St 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 civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on Mulder Street between Wesley Ave and Marcoux Ave. The property is located in the Jackson Hill Neighborhood. The structure is owned by Herbert Childers, 7222 Crenshaw Blvd Apt 3, Los Angeles, CA 90043 and Gregory Childers, 431 Orchard Ave, Muskegon MI 49442. Staff Correspondence: The complaint notice was sent on September 25, 2017 with no response. The final complaint notice was sent on October 9, 2017. On October 18, 2017, Herbert called and said he was trying to obtain the finances to repair the home. The first Notice & Order was sent on November 6, 2017 for the December 7, 2017 HBA hearing. On December 4, 2017, Herbert called and asked for a 60 extension due to health reasons. Herbert was granted the 60 days extension. On second Notice & Order was sent on January 31, 2018 for the March 1, 2018 HBA hearing. A ten day notice was on February 20, 2018 for the March 1, 2018 HBA hearing. On March 1, 2018, the HBA declared the structure as dangerous, substandard and a public nuisance. Financial Impact: General Funds Budget action required: None State Equalized value: $9,600 Estimated cost to repair: $19,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property Owner Contact: On October 18, 2017 Herbert called and said he lives out of state and does not have the finances to repair the home. I referred the owner to the City’s CNS department for assistance. On December 4, 2017 Herbert called and said he was “dealing with some medical issues” and needed extra time. The owner was granted additional 60 days. On February 5, 2018, Herbert called and said he would like to keep the home but his having a hard time financing the work. The owner asked for the CNS department for assistance. I asked Herbert to keep us informed on his progress with the home. On February 21, 2018, we met with Gregory at the home to complete an interior inspection. Due to the amount of debris inside blocking the doors, we were unable to enter the home. Gregory said if he demolishes the home, he would keep the lot. No further contact from owner(s). Permits obtained: None DANGEROUS BUILDING INSPECTION REPORT 11/07/2017 Owner CHILDERS GREGORY ET AL 7222 CRENSHAW BLVD APT 3 LOS ANGELES, CA 90043 Enforcement # EN1715358 Property Address: 609 MULDER ST Parcel # 24-767-000-0006-00 Date completed: September 25, 2017 DEFICENCIES: 1) Siding is falling from the home 2) Roof has deteriorated and must be replaced 3) Soffits and fascia is rotted, missing or damaged 4) Windows are broken, missing or boarded 5) Basement windows are broken, missing or boarded 6) Electrical service is missing from the home 7) Gas service meter is missing from the home 8) Front entry ramp has rotted or missing boards NOTE: These violations depict an exterior only inspection 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. 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 609 Mulder St COMMISSION MEETING DATE: March 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 #: EN1716062 – 955 Turner Ave (commercial storage building) SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the commercial storage building located at 955 Turner Ave 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 civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on Turner Ave between Getty and the dead end in the East Muskegon Neighborhood. The structure is owned by Superior 3 LLC, 4265 Grand Haven Rd Suite 100, Muskegon MI 49441 (Greg Wilkinson & David Medendorp) Staff Correspondence: A notice to repair or remove the structure was sent on November 8, 2017. The owner scheduled an interior inspection for December 6, 2017. The Notice & Order was sent on December 6, 2017. A ten notice was sent on December 22, 2017. On January 4, 2018, the HBA granted the owner(s) 60 days to provide an approved plan of abatement. On March 1, 2018, the HBA declared the garage structure substandard, dangerous and a public nuisance. Financial Impact: General Funds Budget action required: None State Equalized value: $18,300 (entire property) Estimated cost to repair garage: $39,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish the commercial storage building on the property. Owner Contact: David Medendorp represented the ownership of the property. Mr. Medendorp presented his case at the January HBA meeting and he was granted 60 days to develop a plan of abatement. March 1, 2018, the day of the HBA meeting, Mr. Medendorp, came into the office with a cement mason and offered a plan to repair the cement block walls of the structure. Mr. Medendorp did not address the roof collapse issue. Upon further investigation of the roof structure, Mr. Medendorp stated he would demolish the structure. Mr. Medendorp did not attend the HBA meeting. Permits obtained: None DANGEROUS BUILDING INSPECTION Owner SUPERIOR 3 LLC 4265 GRAND HAVEN RD SUITE 100 MUSKEGON, MI 49442 Enforcement # EN1716062 Property Address: 955 TURNER AVE Parcel # 24-595-000-0025-00 Date completed: November 8, 2017 DEFICENCIES: 1. Roof shows signs of collapse 2. Fascia and soffits are rotted, missing or need of repair 3. Block wall on north side of structure has a large separation crack 4. Block wall on south east corner of the structure has a large separation crack 5. Loading dock has a rotted deck surface with holes near the entry door 6. Loading dock has only one support post/beam. Additional supports must be added 7. Service door is rotted and has peeling paint 8. Wiring to outdoor light has bare conductors & wire. Light & wire must be repaired or removed 9. Several outdoor lights are damaged 10. Siding has holes or is missing 11. Ridge ventilation opening must have a cover Note: The listed violation depict an exterior only inspection Date completed: December 6, 2017 Interior Inspection DEFICENCIES: Interior inspection reveals a partial collapse of the rafter style roof. Historic pictures from the County Treasurer office indicate the roof has lifted off the wall in excess of 12 inches in some areas as a result of the partial collapse on the east side of the complex. Rafters have failed and are now supported by several vertical beams. Several of the rafters have been “sistered” together with incorrect materials. Rafter ties have failed causing the walls to bow out. You are required to provide architectural drawings of proposed repairs. Code requires all commercial buildings to have stamped architectural drawings indicating the necessary repairs to the roof structure. Please provide your plan of abatement no later than January 3, 2018 or your case will be brought to the Housing Board of appeals for further consideration. 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 955 TURNER AVE Photo taken 2012 Roof has lifted from wall due to rafter failure Rafter failure COMMISSION MEETING DATE: March 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 #: EN1715809 – 1317 7th 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 1317 7th St. 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 civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on 7thSt between Houston Ave and Monroe in the Nelson Neighborhood. The property is owned by Iluka Family Properties, 7848 W. Sahara Ave, Las Vegas, NV 89117. Staff Correspondence: Fire occurred on October 21, 2017. The “Notice & Order” was sent and posted on January 30, 2018. A ten day notice was sent and posted on February 19, 2018. On March 1, 2018, the HBA declared the structure substandard, dangerous and a nuisance. Financial Impact: Fire Escrow Funds of $2,500 received Budget action required: None State Equalized value: $13,300 Estimated cost to repair: $29,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property Owner Contact: No contact with the owner throughout the process. Local property management company contracted by the owner stated the owner has no intention on repairing the structure and is selling the property “as is”. Permits obtained: None FIRE INSPECTION REPORT Owner ILUKA FAMILY PROPERTIES LLC 7848 W SAHARA AVE LAS VEGAS, NV 89117 Property Address: 1317 7TH ST Parcel # 24-205-371-0012-00 Inspector(s): Kirk Briggs, Building Official Bob Massey, Plumbing and Mechanical Ken Murar, Electrical Date completed: 1/25/18 DEFICENCIES: Building Inspector: 1) House needs the plaster and insulation removed and replaced 2) All the smoke damaged wood must be cleaned & sealed or replaced 3) All doors must be replaced 4) All windows must be replaced 5) Replace all floor coverings 6) All window, door and floor trim must be replaced 7) The entire interior must be painted Plumbing / Mechanical Inspector: 1) All fire damaged plumbing fixtures must be replaced 2) All fire damaged piping must be replaced 3) The furnace must be inspected and certified safe or replace 4) Clean all ducts and vent covers Electrical Inspector: 1) Rewired entire house to code. 2) Electrical service must be relocated to code 3) Hardwired smoke detectors must be added to entire home, to code 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. 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 1317 7th ST COMMISSION MEETING DATE: March 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 #: EN1800479 – 1768 Wood 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 1768 Wood St is unsafe, substandard, a public nuisance and that it be demolished. Location and ownership: This structure is located on Wood St between East Larch Ave and East Laketon Ave in the Marsh Field Neighborhood. The structure is owned by the Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442. Staff Correspondence. On March 1, 2018 the HBA declared the structure substandard, dangerous and a nuisance. This property is slated for demolition by the Muskegon County Land Bank using funds from their “Hardest Hit 2” grant. Financial Impact: None Budget action required: None State Equalized value: $13,300 Estimated cost to repair: $23,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property. DANGEROUS BUILDING INSPECTION Owner MUSKEGON COUNTY LAND BANK AUTHORITY 173 E APPLE AVE STE 104 MUSKEGON, MI 49442 Enforcement # EN1800479 Property Address: 1768 WOOD ST Parcel # 24-185-120-0004-00 Date completed: Exterior: 2/23/2018 Interior: 2-27-18 DEFICENCIES: 1. Siding is rotted, missing and has holes 2. Windows are broken, missing, rotted and boarded shut 3. Electrical service is and currently a fuse type system. Entire electrical system needs to be upgraded. 4. Roof shingles are missing at the roof’s edge 5. Rear porch roofing not flashed correctly 6. Soffits and fascia are rotted, missing or not attached 7. Entry doors are damaged, rotted and boarded shut 8. Note: Interior had a large amount of furniture, trash and debris 9. Interior ceilings have water damage in numerous areas 10. Kitchen cabinets are rotted, panels and doors are missing 11. Foundation walls are bowed inward 12. The furnace is rusted in numerous areas and must be replaced 13. Fresh water piping shows signs of damage from freezing 14. Basement steps are rotted and must be replaced 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. 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 1768 Wood St COMMISSION MEETING DATE: March 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 #: EN1716511 – 1814 Dyson 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 1814 Dyson St is unsafe, substandard, a public nuisance and that it be demolished. Location and ownership: This structure is located on Dyson St between East Laketon Ave and East Holbrook Ave in the Marsh Field Neighborhood. The structure is owned by the Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442. Staff Correspondence. On March 1, 2018 the HBA declared the structure substandard, dangerous and a nuisance. This property is slated for demolition by the Muskegon County Land Bank using funds from their “Hardest Hit 2” grant. Financial Impact: None Budget action required: None State Equalized value: $18,600 (2017) Estimated cost to repair: $41,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property. DANGEROUS BUILDING INSPECTION DANGEROUS BUILDING INSPECTION REPORT 12/28/2017 Owner MUSKEGON COUNTY LAND BANK AUTHORITY 173 E. APPLE AVE STE. 104 MUSKEGON, MI 49442 Enforcement # EN1716511 Property Address: 1814 DYSON ST Parcel # 24-255-005-0002-00 Date completed: Exterior: 12-28-17 Interior: 2-27-18 Exterior Deficiencies: 1. Roof most of the asphalt roof covering is missing. Several tarps on the roof are now torn, damaged or not attached. Remaining roof shingles are deteriorated. The roof deck material is rotted and must be replaced 2. Siding on the rear of the home is missing 3. Soffits and fascia are rotted, missing or not attached 4. Exterior doors are damaged, missing hardware or boarded shut 5. Electrical service to home is 60 amp and must be upgraded to a 100 amp service 6. Chimney is leaning and must be removed Interior Deficiencies: 1. The interior of the structure has been completely gutted to the stud walls and subfloor. Because the roofing material has been completely removed, the subflooring through the entire home is water damaged, rotted and must be removed 2. All interior doors, insulation, wiring, drywall, trim and floor coverings must be replaced 3. Kitchen cabinets have been removed and must be replaced 4. Bath fixtures have been removed and must be replaced 5. The furnace and water heater are missing and must be replaced 6. Most windows are cracked, broken, missing or are not egress compliant 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. 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 1814 Dyson St COMMISSION MEETING DATE: March 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 #: EN1800097 – 1699 Pine 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 1699 Pine St is unsafe, substandard, a public nuisance and that it be demolished. Location and ownership: This structure is located on Pine St between East Larch Ave and East Dale Ave in the McLaughlin Neighborhood. The structure is owned by the Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442. Staff Correspondence. On March 1, 2018 the HBA declared the structure substandard, dangerous and a nuisance. This property is slated for demolition by the Muskegon County Land Bank using funds from their “Hardest Hit 2” grant. Financial Impact: None Budget action required: None State Equalized value: $15,400 (2015 last year listed SEV value) Estimated cost to repair: $31,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property. DANGEROUS BUILDING INSPECTION DANGEROUS BUILDING INSPECTION REPORT 12/28/2017 Owner MUSKEGON COUNTY LAND BANK AUTHORITY 173 E. APPLE AVE STE. 104 MUSKEGON, MI 49442 Enforcement # EN1800097 Property Address: 1699 PINE ST Parcel # 24-205-298-0023-00 Date completed: January 31, 2018 DEFICENCIES: 1. Soffits and fascia are missing in several areas 2. The roof is completely deteriorated 3. The roof has collapsed in southwest corner of the home 4. Plaster/Drywall has collapsed in the bath and bedrooms 5. Water damaged walls and flooring in the bath, bedrooms and dining room 6. Walls and flooring throughout the home have signs of black mold 7. Basement has standing water from the roof leaks 8. Basement windows are broken or missing 9. Furnace is damaged and must be replaced 10. Windows are broken, rotted or missing and boarded closed 11. Doors are broken, rotted or not attached 12. Electrical and gas services are removed from the home 13. Siding is rotted, missing or has peeling paint 14. Kitchen cabinets are rotted, damaged or missing 15. Flooring throughout the home water damaged, missing, damaged or not attached 16. Garage doors are missing, boarded 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. 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 1699 Pine St Commission Meeting Date: March 27, 2018 Date: March 22, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request to amend the Planned Unit Development (PUD) at 1161 W Southern Ave SUMMARY OF REQUEST: Request to amend the PUD at 1161 W Southern Ave to demo the former gymnasium and to expand the parking lot, by Avasure Properties, LLC. The project also includes moving the playground at the corner of Davis/Southern to south of the building, next to the new urban farm to be located on site. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the PUD amendment with the condition that all future parking expansions be approved by staff, with up to 93 spaces allowed on site. COMMITTEE RECOMMENDATION: The Planning Commission approved a motion to amend the PUD, with the condition that all future parking expansions be approved by staff, with up to 93 spaces allowed on site. The motion was approved 8-0, with one member absent. PLANNING COMMISSION STAFF REPORT EXCERPT FEBRUARY 15, 2018 Hearing, Case 2018-06: Request to amend the Planned Unit Development at 1161 W Southern Ave to demo a portion of the building and to expand the parking lot, by Avasure Properties, LLC. SUMMARY 1. The property is zoned R-1, Low Density Single Family Residential; however, a PUD to allow office/research and development was approved in 2017. 2. The approved PUD included the usage of the former school gymnasium and 57 parking spaces. This request is to demo the gymnasium and to add parking in different phases, as needed. They are also planning to move the playground at the corner of Southern/Davis to behind the southern portion of the building. An urban garden will be located just to the east of the new playground. Staff is currently in the process of approving the relocation of the playground and the addition of the urban farm, both of which do not require any board approval. 3. The dumpster and generator on the east side of the building appear to be fenced, but the plan must show that it is screened and at least 5 feet tall. 4. There is an existing parking lot east of the current gymnasium. The plan shows a few different parking options, with some listed as future parking. After discussions with the applicant, it appears that the plan does not properly depict what they are requesting. They are requesting to keep a portion of the parking lot near the corner of Southern/Barclay (33 spaces). The area where the gymnasium currently stands will be seeded for grass after demo. An access drive to the building will be maintained to the south of the new grass area. They are requesting a total of 93 spaces when the building is fully occupied. Staff believes there may be a more efficient way to design the future parking and there also needs to be more detail on stormwater management. Staff is asking the Planning Commission to recommend approval of the gymnasium demo and the reconfiguration of the parking lot for 33 spaces. Also to approve the addition of up to 93 parking spaces on site, as long as each phase is reviewed and approved by staff. 5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this writing, staff has not received any comments from the public. Looking south at gymnasium to be demolished and seeded. Parking lot to remain pictured in front. Playground to be moved. Avasure to purchase City-owned lot after relocation. Location of new urban farm and playground (south of the building). CITY OF MUSKEGON RESOLUTION #2018- RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR 1161 W SOUTHERN AVE WHEREAS, a petition to amend the Planned Unit Development at 1161 W Southern Ave was received; and, WHEREAS, the applicant is requesting to demo the former gymnasium and to add parking to accommodate up to 93 spaces; and, WHEREAS, any additional parking lot expansions must be approved by staff, with the ability to add up to 93 spaces on site; WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit Development and associated site plan; and NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be accepted and the final Planned Unit Development is hereby approved. Adopted this 27th day of March, 2018 Ayes: Nays: Absent: By: Stephen J. Gawron Mayor Attest: Ann Meisch Clerk, City of Muskegon CERTIFICATE (Final PUD 1161 W Southern Ave) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27th day of March, 2018, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2018. _______________________________________ Ann Meisch Clerk, City of Muskegon Commission Meeting Date: March 27, 2018 Date: March 22, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request to amend the Planned Unit Development (PUD) at 1670 E Sherman Blvd SUMMARY OF REQUEST: Request to amend the Planned Unit Development at 1670 E Sherman Blvd to utilize the building as a medical office that provides urgent care, occupational medicine and radiology, by Mercy Health Partners. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the PUD with the condition that a stop sign and bar be installed at the end of the Panera Bread drive thru. COMMITTEE RECOMMENDATION: The Planning Commission approved a motion to amend the PUD as proposed, with the condition that a stop sign and bar be installed at the end of the Panera Bread drive thru. The motion was approved 8-0, with one member absent. PLANNING COMMISSION STAFF REPORT EXCERPT FEBRUARY 15, 2018 Hearing, Case 2018-08: Request to amend the Planned Unit Development at 1670 E Sherman Blvd to utilize the building as a medical office that provides urgent care, occupational medicine and radiology, by Mercy Health Partners. SUMMARY 1. The property is part of the PUD that was approved for retail. The building was formerly an Old Country Buffet and then briefly a Chinese buffet. 2. The applicant is requesting to utilize the building for medical uses, specifically for urgent care, occupational medicine and radiology. The PUD must be amended to allow this type of use in this location of the plan. 3. There is adequate parking at the entire development to support this type of use. 4. Staff recommends that traffic improvements be made where the traffic lane intersects the drive-thru at Panera Bread. Customers exiting the drive-thru often conflict with the cars driving east towards the exit. Staff observed several near crashes at this intersection, which will only become more dangerous once the building at 1670 E Sherman is reutilized. More details are needed, but staff recommends either a stop sign in the eastbound travel lane or a curb that would direct drive-thru customers east after receiving their food. 5. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this writing, staff had not received any comments from the public. 1670 E Sherman Blvd looking southwest from the parking lot traffic lane Driving west towards Panera Bread (front) and Driving east towards 1670 E Sherman 1670 E Sherman (back) from Panera Bread Driving west towards Panera Bread from 1670 E Trash gates impeding vision near Sherman intersection Panera Bread drive-thru intersection from Drive-thru intersection leaving traveling lane Panera Bread Aerial of intersection. Please note that this is an old picture and the traffic lane has been modified. Note the new traffic lane and landscaping islands on the previous pictures. CITY OF MUSKEGON RESOLUTION #2018- RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR 1670 E SHERMAN BLVD WHEREAS, a petition to amend the Planned Unit Development at 1670 E Sherman Blvd was received; and, WHEREAS, the applicant is requesting to utilize the building at 1670 E Sherman Blvd for a medical office that provides urgent care, occupational medicine and radiology; and, WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit Development and associated site plan, with the condition that a stop sign and bar are placed at the end of the Panera Bread drive-thru; and NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be accepted and the final Planned Unit Development is hereby approved, contingent upon staff approving a stop sign and bar at the end of the Panera Bread drive-thru Adopted this 27th day of March, 2018 Ayes: Nays: Absent: By: Stephen J. Gawron Mayor Attest: Ann Meisch Clerk, City of Muskegon CERTIFICATE (Final PUD 1760 E Sherman Blvd) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27th day of March, 2018, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2018. _______________________________________ Ann Meisch Clerk, City of Muskegon Commission Meeting Date: March 27, 2018 Date: March 27, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Rezoning Several Properties SUMMARY OF REQUEST: Staff-initiated request to rezone 1814 Dyson St, 1824 Dyson St, 1831 Dyson St and 1828 Jarman St from B-2, Convenience and Comparison Business District to R-2, Medium Density Single Family Residential District. Also to rezone 1813 Dyson St from R-1, Low Density Single Family Residential District to R-2, Medium Density Residential District. Also to rezone 1808 McIlwrath St, 1814 McIlwrath St, and 1825 Jarman St from B-4, General Business District to R- 2, Medium Density Single Family Residential District. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the rezonings. COMMITTEE RECOMMENDATION: The Planning Commission voted 8-0 in favor of recommending approval of the rezonings. 1 PLANNING COMMISSION PACKET EXCERPT FEBRUARY 15, 2018 SUMMARY 1. The Muskegon County Land Bank owns the home at 1814 Dyson St, which is improperly zoned for business uses. They have requested a rezoning to residential so that they can use grant funding to demo the house. Staff also noted several other properties in the area that appear to be improperly zoned. All of these properties are either used as residential homes or are vacant residential lots. Having them zoned as business can make it difficult the home difficult to sell, refinance or rebuild in the event of a disaster. 2. Notice was sent to all property owners/tenants within 300 feet of all of these properties. At the time of this writing, staff had received several calls from neighbors who had questions about the rezoning’s, but were all in favor after discussions. Properties to be Rezoned 2 1824 Dyson 1814 Dyson 1828 Jarman 1831 Dyson 1825 Jarman 1814 McIlwrath 3 1808 McIlwrath 1813 Dyson 4 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for several properties THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning for several properties (see map). This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk 5 CERTIFICATE (Rezoning of several properties) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27th day of March, 2018, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2018 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. 6 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on March 27, 2018, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for several properties (see map). Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2018 CITY OF MUSKEGON By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 7 Commission Meeting Date: March 27, 2018 Date: March 22, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Amendment to the Zoning Ordinance – Wireless Communication Service Facilities SUMMARY OF REQUEST: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand the overlay district to allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant). Staff has prepared two options for the Water Filtration Plant location and is requesting that the Commission select one of them. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the zoning ordinance amendment, with option 1 for the Water Filtration Plant location. COMMITTEE RECOMMENDATION: The Planning Commission tabled the request at their December 14, 2017 meeting over concerns about the Water Filtration Plant location. At their March 15, 2018 meeting, they approved a motion 8-0 to recommend approval of the request to expand the overlay district as presented, with option 1 for the Water Filtration Plant site. PLANNING COMMISSION EXCERPT STAFF REPORT March 15, 2018 Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant). SUMMARY 1. Cell phone towers are regulated by Section 2321 (Wireless Communication Service Facilities) of the zoning ordinance. Please see the enclosed ordinance excerpt. 2. An overlay district allows these facilities in four different locations in the City. 3. Staff is requesting to expand the overlay district with two new locations, one at Marsh Field and the other at the Water Filtration Plant. This would be to increase cell phone coverage throughout the City. This request is just to expand the overlay district and allow companies to apply for a Special Land Use Permit to construct a new facility. 4. There were some concerns from citizens at the December Planning Commission meeting about the Water Filtration location. They recommended that the proposed location be moved 200 feet to the south along the bike path. Staff has prepared that as Option 2 on the aerial map. Option 1 would be in the area inside the Water Filtration parcel where there are already two existing antennas. 5. If Option 1 is selected, the existing antennas could be relocated onto the new facility. It may not be possible to relocate them to Option 2 because of the cost laying new wires. 6. Staff sent out a notice to everyone in the block near the Marsh Field location and there were no comments. Staff sent out two notice letters to everyone within 300 feet of the Water Filtration Plant. At the time of this writing, staff had received calls from Susan Newton at 3444 Keaton Ct and Herb Hooker at 3443 Keaton Ct, who were both in favor of Option 1 so that they would only have to see one cell tower poll instead of two antennas. Marsh Field Location Water Filtration Plant Site CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend Section 2321 of the zoning ordinance to expand the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant). THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Additions in bold. SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended 12/97] Overlay District Established for Wireless Communication Support Facilities [amended 6/06] Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and wireless communication antenna (WCA). The zone is identified as: 1. The Pulaski Lodge, 871 Pulaski Avenue described as: W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W. 2. City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R R/W & N Of Little Black Creek 3. City property near the terminus of Yuba Street, described as: Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121. 4. A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as: Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of said Section 15 and the centerline of Quarterline Road (66 feet wide); thence N 88°56’41” W 1035.89 feet to the Point of Beginning; thence continuing N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41” E 60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing building to the point of beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject to easements and restrictions of record, if any. [amended 11/00] 5. Marsh Field described as (to be described after survey completion) 6. Water Filtration Plant described as (to be described after survey completion) This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27th day of March, 2018, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2018. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on March 27, 2018, the City Commission of the City of Muskegon adopted an ordinance to amend Section 2321 of the zoning ordinance to include two more locations in the overlay district that allows Wireless Communication Support Facilities. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2018. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 8 6/06 Wireless Communication and the City of Muskegon The City of Muskegon regulates wireless communication towers in its zoning ordinance through the use of an overlay zone. The City recognizes that siting towers is more dependent on topography and proximity to major transportation routes than a particular zoning district. The City has established several sites where cellular towers may be placed under Special Use Permit. Collocation is required. A special use permit is issued by the Planning Commission. The second, more preferred scenario is placement of wireless antenna as an accessory use. These are permitted in any zoning district on structures over 5 stories in height and on existing utility or light poles. See attached ordinance language for more details. For further Information: Zoning questions: Contact the Zoning Administrator, 231-724-6702 Building permit questions: Contact the Building Inspector, 231-724-6715 Towers and antenna on City Property: Contact the DPW Director, 231-724-4100 1 6/06 Cellular Tower Regulations Adopted December 9th, 1997 Definitions Colocation: The use of a wireless telecommunication support facilities by more than one wireless telecommunication provider Lattice tower: A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure which often tapers from the foundation to the top. Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation. Wireless Communication Antenna (WCA): Any antenna used for the transmission or reception of wireless communication signals excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antennas, satellite antennas, those which receive video programming services via multipoint distribution services which are one meter (39 inches) or less in diameter and those which receive television broadcast signals. Wireless Communication Equipment Shelter: The structure, shelter, cabinet or vault in which the electronic receiving and relay equipment necessary for processing wireless telecommunications is housed together with necessary related equipment such as radios, cable, conduit, connectors, air conditioning units and emergency generators. Wireless Communication Facilities (WCF): All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals and may include, but is not limited to radio towers, television towers, telephone devices and exchanges, micro-wave towers, and commercial mobile radio service facilities. Citizen band radio facilities, short wave facilities, ham, amateur radio facilities, and satellite dishes, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority are not included in this definition. Wireless Communication Support Facilities (WCSF): A monopole, guyed, or lattice type tower designed for the attachment of or as support for wireless communication antennas or other antennas. 2 6/06 General Provisions SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended 12/97] This section provides for appropriate areas for the siting of wireless communication antenna, support facilities and equipment shelters in recognition of the public need and demand for advanced telecommunication and information technologies and services balanced against the impacts such facilities may have on properties within the City. It is the further purpose and intent of these regulations to: 1. Provide for the appropriate location and development criteria for wireless communication support facilities and wireless communication antenna within the City 2. Allow and encourage the location of wireless communication support facilities in the overlay zoning district 3. Minimize the adverse effects of such facilities through careful design, siting and screening criteria 4. Maximize the use of existing and future wireless communication support facilities and encouraging multiple uses and co-location of such facilities 5. Protect the character of residential areas throughout the City from the effects of wireless communication facilities 6. Promote the public health, safety, and welfare. Uses Permitted: Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any zoning district when: 1. Placed on or attached to any existing structure at least five (5) stories in height which constitutes a principle use, including existing communication towers and water towers provided: [amended 4/02] a. In the case of a five (5) story building, that any WCA shall not extend more than thirty (30) feet above the roofline of the structure to which it is attached. b. In the case of a six (6) story building, that any WCA shall not extend more than forty (40) feet above the roofline of the structure to which it is attached. c. In the case of a seven (7) story building, that any WCA shall not extend more than fifty (50) feet above the roofline of the structure to which it is attached. d. In the case of an eight (8) story building, that any WCA shall not extend more than sixty (60) feet above the roofline of the structure to which it is attached. 3 6/06 e. In no case shall any WCA extend more than sixty (60) feet above the roofline of the structure to which it is attached. 2. Placed on an existing utility or light pole which will serve as a wireless telecommunications facility and where the height of said existing pole or other structure is not increased more than twenty (20) feet and the existing pole and other structure is not proposed to be modified in a manner which would materially alter the pole or structure and/or result in an impairment of sight lines or other safety interest. Provided: 1. WCAs shall require no personnel on the premises except as necessary for maintenance and repair. 2. All WCAs shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical taking into consideration the location of the WCA and the line of sight angle and distance from the right-of-way and neighboring uses. 3. A WCA proposed to be located on a historic landmark or in a designated historic district may be denied if the WCA would create an adverse impact on the historic character of the historic landmark or district. 4. Associated wireless telecommunication equipment shelters meet accessory use height and setback requirements of the district, and receive administrative approval. 5. This section shall not exempt the applicant from such other government review and permitting procedures of the Federal Communications Commission or Federal Aeronautics Administration. Overlay District Established for Wireless Communication Support Facilities [amended 6/06] Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and wireless communication antenna (WCA). The zone is identified as: 1. The Pulaski Lodge, 871 Pulaski Avenue described as: W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W. 2. City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R R/W & N Of Little Black Creek 3. City property near the terminus of Yuba Street, described as: Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121. 4. A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as: Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of 4 6/06 said Section 15 and the centerline of Quarterline Road (66 feet wide); thence N 88°56’41” W 1035.89 feet to the Point of Beginning; thence continuing N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41” E 60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing building to the point of beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon, Muskegon County, Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject to easements and restrictions of record, if any. [amended 11/00] Wireless communication support facilities are permitted as special land uses in the overlay zone and shall be permitted under the purview of Section 2332 after review and approval of the use by the Planning Commission, after public hearing, subject to the applicable conditions imposed by the Planning Commission: 1. The facility shall comply with all applicable Federal Aeronautics Administration and the Federal Communications Commission requirements. 2. All WCSF shall be constructed in compliance with all applicable construction codes, including, without limitation, the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) Structural Standards of Steel Antenna Towers and Antenna Supporting Structures and shall be certified as such by a licensed structural engineer. 3. Accessory equipment storage structures shall meet the setback and height requirements of the underlying zone. No accessory equipment or structure shall be allowed in any rights- of-way. 4. The WCSF shall not be used for advertising purposes and shall not contain any signage except which shall show the identity of the service provider and emergency telephone numbers. The sign or signs shall not exceed two square feet in size, and shall be easily readable from ground level. 5. The WCSF may be located on a zoning lot containing permitted other principal uses or approved special uses. 6. The WCSF may be located within an area smaller than the minimum lot size of the underlying zoning district. The area within which the WCSF is located shall be the area subject to the requirements of this section, rather than the entire zoning lot, unless otherwise provided herein, or reasonably required by the planning commission. 7. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. The WCSF shall have a landscaped buffer so that the base of the WCSF and accessory equipment structure or storage area shall be screened from any right-of-way, residential use, or residential zoning district. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental effects, while at the same time providing the required visual buffer. The landscaped buffer shall consist of hedges planted leaf to leaf which shall reach a height of not less than six (6) feet at maturity and 5 6/06 conifer trees planted on fifteen (15) foot centers along the approved buffer. Requirements may be modified by the Planning Commission as appropriate for the specific site. 8. The application shall contain information showing the geographic search area within which the proposed WCSF must be located and shall also provide locations of all structures of similar height within and adjacent to the search area. 9. WCSFs shall not have a shiny or metallic finish. 10. The WCSF shall not exceed 200 (two-hundred) feet in height. 11. If located on the same zoning lot with another permitted use, the WCSF shall not be located in a front yard abutting a street. 12. Legal access to the WCSF shall be provided regardless of other developments that may take place on the property. 13. Towers shall not be artificially lighted unless required by the FAA. When lighting is required by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto surrounding property or the site shall be landscaped to mitigate light impact. 14. All exterior building material shall be compatible with surrounding structures but in no case shall they be cinder or cement block, and metal, other than aluminum siding. Towers shall be enclosed by security fencing not less than six feet in height. 15. Monopoles may be required by the Planning Commission if it is deemed to be more aesthetically compatible with the area than a lattice pole. 16. Antenna and metal towers shall be grounded for protection against a direct strike by lightening and shall comply as to electrical wiring and connections with all applicable state and local statutes. 17. Tower owners shall provide maintenance and safety reports to the city’s building official. 18. Proof of responsibilities in the case of abandonment shall be submitted with the application. Replacement of Existing WCSFs: 1. The replacement WCSF shall not exceed a total height of 200 (two-hundred) feet or, if the existing WCSF has an approved height greater than 200 (two-hundred) feet, the replacement WCSF shall not exceed the approved height. 2. The replacement WCSF shall be located within the same zoning lot as the existing WCSF and shall be located to comply with existing minimum yard requirements. 6 6/06 3. The existing WCSF shall be removed within 90 days of completion of the replacement WCSF and the relocation or installation of the WCA. 4. If the location of the replacement WCSF is such that the existing WCSF must be moved before the replacement WCSF is constructed, temporary portable antennae support facilities may be used, but must be removed within 30 days of the completion of the replacement WCSF and the relocation or installation of the WCA. Review Criteria for new WCSFs: 1. A new WCSF shall not be approved unless it can be demonstrated by the applicant that there is a need for the new WCSF which cannot be met by placing WCA on an existing WCSF or on other structures or replacement of an existing WSCF. Information concerning the following factors shall be considered in determining that such need exists: a. Insufficient structural capacity of existing WCSFs or other suitable structures and inability to reinforce or replace an existing WCSF b. Unavailability of suitable locations to accommodate system design or engineering on existing WCSF or other structures c. Radio frequency interference or other signal interference problems at existing WCSF or other structures d. The cost of using an existing WCSF or other structure exceeds the costs of permitting and constructing a new WCSF e. Other factors which demonstrate the reasonable need for the new WCSF. Co-location Required: 1. The applicant must include in the application an affidavit stating space on a proposed tower will be made available to future users when technically possible. 2. The applicant shall send a written notice via certified mail to all potential users of the new WCSF offering an opportunity for co-location. The list of potential users shall include those entities that have requested approval of WSCF in the past, current FCC license holders, and any other entities requesting to be included on the list. Copies of the notice letters shall be provided to the City at the time the application is filed. If, during a period of 30 days after the notice letters are sent to potential users, a user or users request, in writing, to co-locate on the new WCSF, the applicant shall accommodate the request(s), unless co-location is not reasonably possible based on the criteria of this subsection. Removal of Abandoned WCSFs: 7 6/06 All providers owning a wireless telecommunications support facility shall notify the zoning administrator when the use of said tower located in the municipality will be discontinued and the date it will cease. Any WCSF which is abandoned shall be removed or demolished within 90 days of abandonment. For the purposes of this section, abandoned shall mean that no WCA or other commercial antenna has been operational and located on the WCSF for 180 days or more. Where a WCSF is abandoned but not removed or demolished as required, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be placed on the property. A lien on the property shall be superior to all other liens except taxes. 8 Unapproved Planning Commission meeting minutes – March 15, 2018 Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant). M. Franzak presented the staff report. Cell phone towers are regulated by Section 2321 (Wireless Communication Service Facilities) of the zoning ordinance. An overlay district allows these facilities in four different locations in the City. A map was provided to the board members showing those locations. Staff is requesting to expand the overlay district with two new locations, one at Marsh Field and the other behind the Water Filtration Plant. This would increase cell phone coverage throughout the City. This request is only to expand the overlay districts and allow companies to apply for a Special Land Use Permit to construct a new facility. There were some concerns from citizens at the December Planning Commission meeting about the water filtration plant location. They recommended that the proposed location be moved 200 feet to the south along the bike path. Staff has prepared that as option 2 on the aerial map included in the staff report. Option 1 would be in the area inside the water filtration plant parcel where there are already two existing antennas. If option 1 is selected, the existing antennas could be relocated to the new facility. It may not be possible to relocate them to Option 2 due to the cost laying new wires. Staff sent out a notice letter for this hearing to everyone within 300 feet of the water filtration plant. At the time of this writing, staff had received calls from Susan Newton at 3444 Keaton Ct and Herb Hooker at 3443 Keaton Ct, who were both in favor of Option 1 which showed one cell tower pole instead of the two antennas currently there. Staff recommends approval of the ordinance amendment with option 1 for the water filtration plant site. Staff received no opposition to the proposed Marsh Field location. M. Franzak discussed comments he had received after the staff report was sent to board members. D. VanWesep and E. DeJong of 3430 Whiskey Hollow Dr both wrote letters opposing any cell tower location at the beach. D. VanWesep stated that it would negatively affect their view and believed it was bad for Muskegon’s image as a tourist destination. E. DeJong was opposed due to having a cell tower or pole of an industrial nature obstructing the lake views. He also believed that it violated the zoning ordinance. M. Schutt of 3355 Lakeshore Dr wrote in support of Option 1, as better cell service was needed in the beach area. B. Mazade asked how tall the current towers were that were located on the property, and how tall the proposed cell pole would be. M. Franzak estimated the current towers to be 125 feet tall; a monopole like the one proposed was allowed to be up to 200 feet tall maximum. B. Mazade asked if a Special Use Permit would be required in order to erect the actual pole. M. Franzak stated that was correct. J. Doyle asked about the assertion in Mr. DeJong’s letter about option 1 being in violation of the zoning ordinance. M. Franzak stated that the proposal did not violate the zoning ordinance for cell towers. He went on to discuss option 2’s location, which was a less desirable option, as it was in a critical dune area as well as a city charter park. D. Alexander of 3410 Whiskey Hollow stated that he was in favor of either option 1 or 2, depending on what the other neighbors decided. He asked if the City would get paid for use of the cell pole. F. Peterson stated that was correct. There was further discussion on whether any profits made from the tower would go toward the water department or the parks department. M. Franzak stated that option 2 located in the charter park would complicate the leasing of pole space and could be an expensive, time-consuming legal process according to the City’s counsel. K. Kolberg of 3414 Whiskey Hollow stated that he did not think the beach was the proper area for a tower or pole, and he was concerned that allowing one would lead to more. B. Mazade stated that city ordinance required co-location on the same pole, to eliminate the need for several poles or towers. L. Taunt owned property on Whiskey Hollow and stated that either option would be acceptable but it appeared that option 2 would be best for the neighbors. L. Page stated that he represented the Pigeon Hill Alliance, a non-profit group concerned with environmental issues in the area. He stated that he had made several cell phone calls from the area and was able to get through each time. Board members and other audience members stated that they regularly had calls dropped in the area of the beach. L. Page stated that he preferred option 1 over option 2, as option 2 was in a charter park and critical dune area. A motion to close the public hearing was made by M. Hovey-Wright, supported by J. Doyle and unanimously approved. A motion that the request to amend Section 2321 of the zoning ordinance to expand the overlay district for Wireless Communication Support Facilities be recommended to the City Commission for approval, with Option 1 being the recommended choice for the Water Filtration Plant site, was made by M. Hovey-Wright, supported by J. Doyle and unanimously approved, with T. Michalski, F. Peterson, B. Mazade, J. Doyle, M. Hovey-Wright, and E. Hood voting aye. F. Peterson confirmed that the motion included the Marsh Field site. M. Franzak stated that was correct. Commission Meeting Date: March 27, 2018 Date: March 27, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Purchase of Property for Industrial Park Expansion SUMMARY OF REQUEST: The City of Muskegon is in need of industrial development but lacks readily available land to meet the needs of today’s industrial end users. Muskegon has been working very hard to attract new industrial end users to our community, however, because we are an older land-locked city, we lack in cohesive developable land beyond 2-3 acre sites. City staff have finalized terms to purchase approximately 22.7 acres of land adjacent to the Port City Industrial Park and are requesting authorization to purchase the land for economic development purposes (expansion of the industrial park). FINANCIAL IMPACT: Total cost $340,500 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to execute purchase agreement for 2420 Remembrance Drive (PPN 24-134-300-0001-00) consisting of approximately 22 Acres. COMMITTEE RECOMMENDATION: 3/27/2018
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