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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 22, 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:
A. 2017 Outstanding Citizenship Award Presentation
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Upgrade Cable Connection City Clerk
C. Summer Pops Concession for City of Muskegon Parks DPW
D. Frank’s Taco Shack for City of Muskegon Parks DPW
E. 3rd Coast Rentals Concession for City of Muskegon Parks DPW
F. Resolution Authorizing the Pilot Drinking Water Community Water Supply
Grant Agreement DPW
G. Artificial Christmas Tree at Hackley Park DPW/Parks Department
H. Toro Groundsmaster Mower DPW/Parks Department
I. 2018 CDBG/HOME Budget Recommendations CNS
J. Neighborhood Renovations City Manager
□ PUBLIC HEARINGS:
A. Public Hearing for Brownfield Plan Amendment and Development and
Reimbursement Agreement for Pigeon Hill 4th Street Expansion Project
Planning & Economic Development Department
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□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Amendment to the Zoning Ordinance – Medical Marihuana Facilities
Licensing Act Overlay District – 2ND READING Planning & Economic
Development Department
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: Public Safety
236 Mason Avenue – Bolt Hardware
586 School Street
2207 Miner Avenue
C. Request to Rezone 731 Yuba St, 205 E Muskegon Ave, 287 E Muskegon Ave
and 225 Eastern Ave Planning & Economic Development Department
□ 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. Contract Negotiations
□ 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: May 22, 2018
Here is a quick outline of the items on our agenda(s):
WORK SESSION
N/A
REGULAR MEETING
1. Under Presentations, we will present our Outstanding Citizenship Awards
2. 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 to upgrade the cable connection in the Commission Chambers.
c. Approval of a summer concessions agreement with Summer Pops. They are a
returning vendor from last season. They sell all-fruit popsicles/treats. A noted
change to this agreement (and all concessions agreements at the park): they now
have a base rent of $1,000 for the season and a 5% share of gross sales. Previously,
we have $0 base rent plus 10% of gross sales.
d. Approval of a summer concessions agreement with Frank’s Taco Shack (no
relation). I believe they are new to PM Park. This agreement has the same terms
as Summer Pops.
e. Approval of a summer concessions agreement with Third Coast Rentals. This is a
little different than the other concession agreements, as they will not be selling
food. Rather, they will be renting beach items (lounge chairs, umbrellas, kayaks,
paddle boards, jet skis, pontoon boats, etc.). This will be a great addition to our
park! This group will pay a flat rent of $1,500 for the season - $300 of which will
be directed to the launch ramp fund, as they will be using the launch ramps
commercially to launch their pontoon boat(s).
f. Approval of a resolution authorizing the Pilot Drinking Water Community Water
Supply Grant Agreement. This program will help raise funds to make critical
investments in our water system.
g. Approvals to purchase a new artificial holiday tree for Hackley Park. This is
partially funded by donations from the Women’s Division Chamber of Commerce
and Downtown Muskegon Now. There are a number of reasons why we feel
moving to an artificial tree is a good move:
i. We need to change the location to allow for better use of the stage during
holiday events.
ii. We would like to stop cutting down live trees for the park.
iii. The artificial tree will be pre-lit and reduce staff time in the park.
iv. Holiday use of the park is growing greatly, and this will help make the
experience more enjoyable for attendees.
h. Approval of the purchase of a new riding lawn mower.
i. Approval of the 2018 CDBG/HOME Budget recommendations.
j. Approval of the listed neighborhood home renovations. These properties were
purchased by the city recently as a part of our effort to demonstrate the ability to
renovate older homes that were otherwise either facing demolition or receiving
significant blight enforcement from SAFEbuilt. The goal is to renovate the homes
over the next 12-18 months and sell them as affordable market-rate housing with
price ranges from $85,000 to $125,000.
3. Under Public Hearings we will take comments on the Brownfield Plan Amendment and
Development/Reimbursement Agreement for the Pigeon Hill Brewing Expansion Project
on 4th Street.
4. Under the New Business, we are asking the Commission to consider the following:
a. Second Reading of the Medical Marijuana Overlay District Ordinance.
b. Concurrence with the Housing Board of Appeals recommendation to demolish
three structures.
Let me know if you have any questions/comments/concerns
Date: May 15, 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 May 7, 2018
Worksession and the May 8, 2018 Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, May 7, 2018
5:30 p.m.
City Commission Chambers
MINUTES
2018-31
Present: Johnson, Hood, Turnquist, Gawron, Warren, German, and Rinsema-
Sybenga
Absent: None
1. Remembrance Road Preliminary and Construction Engineering
City staff is requesting to enter into an agreement with Moore & Bruggink for preliminary
and construction engineering services related to the reconstruction and widening of
Remembrance Road from Keating south to new project side in the Port City Industrial
Park. The requested consultant is currently working on the site development, has
familiarity with needs for the project site and has submitted a reasonable cost estimate
for the work. Discussion ensued. This item will be on the agenda for our next regular
meeting.
2. MMFLA Application
Staff has prepared a local application for the Medical Marihuana Facilities Licensing Act
licenses and is seeking commission input and approval. Discussion took place
regarding the application.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to approve the MMFLA local application as presented.
AYES: Gawron, Rinsema-Sybenga, Turnquist
NAYS: Johnson, Hood, Warren, and German
MOTION FAILS
3. MMFLA Overlay District
Staff is requesting an amendment to the zoning ordinance to include a new section for
the Medical Marihuana Facilities Overlay District. The amendment was discussed. This
item will be on the agenda for our next regular meeting.
4. LC Walker Arena Improvements
Staff is seeking approval to make a number of investments at the LC Walker Arena
during the 2018 off-season. The improvements include updated ADA seating,
demolition and removal of old/unused HVAC equipment, painting, and ceiling repairs. In
addition to these improvements, staff will be requesting funds from the Downtown
Development Authority to replace the glass around the playing surface, replace ice
controllers, upgrade restrooms, reconfigure a portion of the arena’s seating, and
improve food and beverage offerings. Collectively, these items are expected to help
improve the fan/visitor experience and move the arena closer to self-sustainability.
ADA improvements: $20,000
Paint: $120,000
Selective Demolition: $30,000
Ceiling Repairs: $60,000
Discussion took place regarding the improvements. This item will appear on the agenda
for the next regular meeting.
5. Presentation by Eric Foster – Director of Strategy, Banks & Company &
Cannabis Practice Group (10 minutes)
The Michigan Canna Coalition Association provides information to advance legislative
action supporting marijuana decriminalization, equitable economic development, and
rapid toxicology testing technology. The presentation included information regarding the
myths and realities of cannabis, social equity, community benefits, economic
opportunities, and employment growth.
6. Any Other Business
Frank Peterson provided budget information on some houses that the city bought
through the rehabilitation program.
Commissioner Johnson acknowledged and appreciates the work that staff has put into
the MMFLA licensing process.
Commissioner Turnquist asked what is being done with potholes. Would like to see
some improvements in Pere Marquette area.
Commissioner German asked about negotiations with Firefighters.
Ann Meisch told Commission about the quotes for getting the updates to fiber optics
that we need to have done in order to get back on television. Item will be on the agenda
soon.
Adjournment
The Worksession meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 8, 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, May 8, 2018. Mr. George
Monroe, Evanston Avenue Baptist 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, Willie German, Jr., Debra Warren, and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
INTRODUCTIONS/PRESENTATION:
Pollinator Plan Presentation
The Pollination Plan was presented by Kevin Santos from the Department of
Public Works. Some goals are to reduce pesticide use, create buffer zones,
create native planting areas, and cut down on mowing costs.
2018-32 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the April 24, 2018 Regular
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Norwegian Flag City Clerk
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
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Norwegian Flag at City Hall on Thursday, May 17, in honor of Norway’s
Constitution Day (Independence Day).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
C. Approval of Building Contract for 1015 E. Forest Avenue Community &
Neighborhood Services
SUMMARY OF REQUEST: To award the building contract for the rehabilitation of
1015 E. Forest Avenue to Holden Construction for the City of Muskegon’s
Homebuyers Program through CNS.
CNS received 3 bids, the cost estimate from our spec writer was $98,100.
FINANCIAL IMPACT: The funding for this project has been secured with 2017
HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award Holden Construction the rehabilitation
contract for 1015 E. Forest in the amount of $73,250.00 for the Community and
Neighborhood Services Office.
D. Toro Groundsmaster Mower DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Toro Groundsmaster Mower coming for Spartan Distributers the
lowest qualified bidder. Cost for this Mower is $31,737.32 coming from the
Equipment Division fund.
FINANCIAL IMPACT: $31,737.32
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one (1) Toro
Groundsmaster Mower from Spartan Distributers, the lowest qualified bidder.
E. 2018-19 Healthcare and Wellness Program Finance Director
SUMMARY OF REQUEST: The City’s healthcare coverage renews effective June
1st, for the period 6/1/18 – 5/31/19. This year’s Priority Health renewal premium
came in at a 7.64% increase over the previous year. Last year’s increase was
3.96% after several benefit changes were made. For several years the City has
made numerous benefit changes including increasing deductibles and copays
along with changes to the drug copays to keep our increases as low as possible.
This year to help offset the cost we are proposing to increase the employee’s
premium copay from 10% to 14%. This will keep our employer contribution below
the “hard cap limits” set by PA 152.
Per State guidelines we must remain below the “hard cap limit” or employees
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must contribute 20% towards their premium. To stay below the “hard cap limit”
would require significant benefit changes each year so we are opting to
gradually increase the employee premium copay until it reaches the 20% we
feel this option will have less negative impact on the majority of employees.
For 2018-19 the City will continue to pay the HRA deductible if the employee
and spouse complete the wellness requirements by March 31st. Non-participants
in the wellness program will be required to pay $1,000 for single coverage or
$2,000 per double or family coverage of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the
Priority Health HMO program compared with the current healthcare plan year.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be
included in the forthcoming 2018-19 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
Health to renew employee healthcare coverage for the coming year.
F. Set Public Hearing for Amendment to Brownfield Plan – Pigeon Hill
Planning & Economic Development
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
an amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Pigeon Hill Brewing
Company, LLC, located at 895 4th Street, in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of the Pigeon Hill project, which is approximately $434,507.28.
Pigeon Hill Brewing Company, LLC cost for the development of the property is
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approximately $1,313,187 in private investment, resulting in a substantial increase
in the local and school taxes generated by the property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority
met on May 8, 2018 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.
G. Remembrance Road Preliminary and Construction Engineering
Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Moore
& Bruggink for preliminary and construction engineering services related to the
reconstruction and widening of Remembrance Road from Keating south to new
project site in the Port City Industrial Park.
The requested consultant is currently working on the site development, has
familiarity with the needs for the project site and has submitted a reasonable
cost estimate for the work.
FINANCIAL IMPACT: $107,000 for engineering services to be covered by the
Major Street fund.
BUDGET ACTION REQUIRED: Adjust Major Street fund in third quarter
reforecast.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Moore & Bruggink for engineering services related to the reconstruction and
widening of Remembrance Road.
H. LC Walker Arena Improvements City Manager
SUMMARY OF REQUEST: Staff is seeking approval to make a number of
investments at the LC Walker Arena during the 2018 off-season. The
improvements include updated ADA seating, demolition and removal of
old/unused HVAC equipment, painting, and ceiling repairs. In addition to these
improvements, staff will be requesting funds from the Downtown Development
Authority to replace the glass around the playing surface, replace ice
controllers, upgrade restrooms, reconfigure a portion of the arena’s seating, and
improve food and beverage offerings. Collectively, these items are expected to
help improve the fan/visitor experience and move the arena closer to self –
sustainability.
ADA Improvements: $20,000
Paint: $120,000
Selective Demolition: $30,000
Page 4 of 9
Ceiling Repairs: $60,000
FINANCIAL IMPACT: $20,000 was previously budgeted in the General Fund
for ADA Compliance. The remaining funds will be expensed from the Public
Improvement Fund.
BUDGET ACTION REQUIRED: This will be accounted in the 3rd Quarter
Reforecast.
STAFF RECOMMENDATION: To authorize the city manager to expend up to
$230,000 for ADA seating upgrades, miscellaneous, demolition, painting, and
ceiling repairs at the LC Walker Arena.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the consent agenda as presented, except items I and J.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron.
Nays: None
MOTION PASSES
2018-33 ITEMS REMOVED FROM CONSENT AGENDA:
I. Amity Bridge – Resolution of Support for Bridge Funding Application and
Commitment for Matching Funds Department of Public Works
SUMMARY OF REQUEST: The Engineering Department would like to apply for
bridge preservation funding through the Michigan Department of
Transportation. These funds would be used to remove the Amity Bridge and build
a new roadway on fill. The bridge was originally constructed to cross a railroad
line that no longer exists.
Construction is estimated at $415,000, and the city would be required to provide
matching funds of approximately $90,000 plus engineering costs. Funding is
available starting in 2021.
The MDOT application requires a resolution of support and commitment for the
matching funds.
FINANCIAL IMPACT: $200,000 split over fiscal year 20/21 and 21/22
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the resolution of support for the bridge
preservation fund application and commit to funding the required match and
engineering costs.
Page 5 of 9
Motion by Commissioner German, second by Commissioner Warren, to approve
the resolution of support for the bridge preservation fund application and
commit to funding the required match and engineering costs.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood.
Nays: None
MOTION PASSES
J. Medical Marihuana Facilities Licensing Act Application Planning &
Economic Development
SUMMARY OF REQUEST: Request to approve the proposed local MMFLA
application.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To pass the resolution approving the application.
Motion by Commissioner German, second by Commissioner Johnson, to pass
the resolution approving the application.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Warren
Nays: None
MOTION PASSES
2018-34 NEW BUSINESS:
A. DDA On-Premise Liquor License for Nipotes Planning & Economic
Development
SUMMARY OF REQUEST: To approve the Resolution for a Downtown
Development Authority On-Premise Liquor License for Nipotes. The Liquor Control
Commission allows for additional for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approving the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None
Page 6 of 9
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the resolution.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German.
Nays: None
MOTION PASSES
B. Medical Marihuana Facilities Licensing Act Planning & Economic
Development SECOND READING
SUMMARY OF REQUEST: Request to approve the ordinance for the
Medical Marihuana Facilities Licensing Act.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the ordinance.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the ordinance.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities
Licensing Act Overlay District Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend the zoning ordinance
to include a new section for the Medical Marihuana Facilities Overlay District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATIONS: Staff recommends approval of the ordinance
amendment.
COMMITTEE RECOMMENDATION: 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.
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Michalski, Larson, Gawron, and Doyle voted in support. Mazade and
Montgomery-Keast voted in opposition. Peterson and Hovey-Wright were
absent. The version they approved for recommendation is slightly different than
from what staff is presenting tonight, as this version allows all types of licenses
within one overlay zone, rather than restricting licenses between two separate
overlay districts.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the ordinance amendment.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
Turnquist
Nays: German
MOTION PASSES
2nd READING REQUIRED
D. Demolition of 1713 and 1747 7th Street AKA Park Street Storage
Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $220,000 for the demolition, removal of
debris and hard surface foundations, parking lots, etc. that remain at the
location, commonly known as “Park Street Storage”. The building and adjacent
lot is dangerous and abandoned and is a source of public safety issues. The
building has no functional use and is in disrepair.
FINANCIAL IMPACT: Negative impact on the Public Improvement Fund,
note $150,000.00 was budgeted (17/18).
BUDGET ACTION REQUIRED: No action at this time (to be reviewed in the
fourth quarter forecast to make adjustments for the additional $70,000.00
needed to complete the project).
STAFF RECOMMENDATION: Staff recommends approval of the demolition of
1713 and 1747 7th Street.
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
approve the demolition of 1713 and 1747 7th Street.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
Page 8 of 9
ANY OTHER BUSINESS: Kevin Santos from the Department of Public works
addressed the issue of oak wilt at McGraft Park and the impact the concerns
have had on disc golf at the park.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:58 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
Page 9 of 9
Date: May 15, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Upgrade Cable Connection
SUMMARY OF REQUEST: To approve the purchase and installation of the
necessary products to update the infrastructure for City TV Services.
FINANCIAL IMPACT: $12,971.17 from Public Relations
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase and installation of the
necessary products to update the infrastructure for City TV Services.
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 22, 2018
SUBJECT: 3rd Coast Rentals Concession/Business Contract for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into a seasonal contractual agreement, for 2018, with Ron
Rands of “3rd Coast Rentals”, at Pere Marquette Park, located within the City of Muskegon, to
rent Stand-up-Paddle Boards, Jet Skis, Pontoon Boats and various beach items.
FINANCIAL IMPACT:
Concession/Business revenue is $1500.00 for the season.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into a seasonal Concession/Business contractual agreement, for 2018, with Ron Rands of
“3rd Coast Rentals”.
COMMITTEE RECOMMENDATION:
Date: 5/22/2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Resolution Authorizing the Pilot Drinking Water Community Water
Supply Grant Agreement
SUMMARY OF REQUEST:
The Department of Environmental Quality (DEQ) has approved a Pilot Drinking Water
Community Water Supply Grant for the City of Muskegon and is requesting a resolution
of support. The purpose of the grant is to update our distribution system material
inventory and replace lead service lines. Staff is requesting that a resolution of support
for the project be approved.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve resolution of support for the Pilot Drinking Water Community Water Supply
Grant.
City of Muskegon
RESOLUTION
Authorizing the Pilot Drinking Water Community Water Supply Grant Agreement
WHEREAS, a pilot drinking water community water supply grant program was established with the
passing of the supplemental budget of the Department of Environmental Quality (“DEQ”); and
WHEREAS, the pilot drinking water community water supply grant program, administered by the DEQ,
provides assistance to municipalities for updating distribution system material inventories and asset
management plans to identify lead service lines and galvanized steel service lines, and replacing lead
service lines and galvanized steel service lines; and
WHEREAS, the City Commissioners do hereby determine it necessary to update inventory of distribution
system material inventory, update and improve an asset management plan to identify lead service lines
and galvanized steel service lines, and replace lead service lines and galvanized steel service lines; and
WHEREAS, it is the determination of the City Commissioners that, at this time, a grant in the aggregate
principal amount not to exceed Six hundred thousand dollars (“Grant”) be requested from the DEQ to
pay for the above-mentioned undertaking(s); and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Director of Municipal Services, a position currently held by LeighAnn Mikesell, is designated as the
Authorized Representative for purposes of the Grant Agreement.
2. The proposed form of the Grant Agreement between the City of Muskegon and the DEQ is hereby
approved and the Authorized Representative is authorized and directed to execute the Grant
Agreement with such revisions as are agreed to by the Authorized Representative.
3. The Authorized Representative is hereby authorized to take any actions necessary to comply with the
requirements of the DEQ in connection with the issuance of the Grant, including executing and
delivering such other contracts, certificates, documents, instruments, applications and other papers as
may be required by the DEQ or as may be otherwise necessary to affect the approval and delivery of the
Grant.
4. The City Commissioners acknowledge that the Grant Agreement is a contract between the City of
Muskegon and the DEQ.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution
are rescinded.
Dated this________ of ________ 20__.
By: ________________________________
Stephen J. Gawron, Mayor
Attest:______________________________
Ann Marie Meisch, City Clerk
Date: May 22, 2018
To: Honorable Mayor and City Commissioners
From: Parks Department
RE: Artificial Christmas Tree Hackley Park
SUMMARY OF REQUEST:
The Parks Department is requesting permission to purchase a 30’ LED Artificial Panel Tree with
topper. The cost for the tree is $19,724.00
FINANCIAL IMPACT:
$19,724.00
BUDGET ACTION REQUIRED:
Women’s Division Chamber of Commerce and Downtown BID Board donated $15,000.00. The
reminder will be from a reforecast of the 2017/2018 Parks Budget.
STAFF RECOMMENDATION:
Authorize staff to purchase 30’ LED Artificial Panel Tree to include Topper and shipping costs.
Bronner’s Commercial Display is the sole source company.
Date: May 22, 2018
To: Honorable Mayor and City Commissioners
From: Parks Department
RE: Toro Groundsmaster mower
SUMMARY OF REQUEST:
The Parks Department is requesting permission to purchase one (1) Toro 3280 2wd
Groundsmaster mower with recycler deck from Spartan Distributors, the lowest qualified bidder.
The cost for the mower is $19,891.22.
FINANCIAL IMPACT:
$19,891.22
BUDGET ACTION REQUIRED:
None. The amount was budgeted in the 2017/2018 Parks Budget reforecast.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Toro Groundsmaster 3280 2wd mower with recycler deck
from Spartan Distributors, the lowest qualified bidder.
Commission Meeting Date: May 22, 2018
Date: May 16, 2018
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department (CNS)
RE: 2018 CDBG/HOME Budget Recommendations
______________________________________________________________
SUMMARY OF REQUEST: To approve the 2018 Budget recommendations
for CDBG/HOME Allocations.
FINANCIAL IMPACT: Budget will be published for release of funds request.
BUDGET ACTION REQUIRED: To finalize the budget for the CNS
department and direct staff to publish approved 2018 CDBG/HOME Allocation
and Budget for Release of Funds and Environmental Review of Projects.
STAFF RECOMMENDATION: To approve the 2018 CDBG and HOME
Budgets.
COMMITTEE RECOMMENDATION: The Citizens District Council has made
their recommendations. (See attached spreadsheet)
2018
2018 Staff 2018 CDC Commission
CDBG Organization/Agency Activity Proposed Proposed Approved
COM - Finance Youth Opportunities/Summer Internships $ 5,000.00 $ 5,000.00
COM - CNS CDBG Admin ** $ 187,531.34 $ 187,531.34
COM - CNS Priority Home Repair $ 150,000.00 $ 125,000.00
COM - CNS Services Delivery $ 75,000.00 $ 75,000.00
COM - CNS Residential Façade Program $ 50,000.00 $ 50,000.00
COM - CNS Senior Pilot Program $ - $ 90,000.00
COM - Finance Fire Station Bond Repayment $ 133,400.66 $ 133,400.66
COM - Inspections Dangerous Bldgs - Demolition $ 50,000.00 $ 50,000.00
COM - Inspections Dangerous Bldgs - Board-Ups $ 10,000.00 $ 10,000.00
COM - Leisure Services Youth Recreation* $ 90,000.00 $ 90,000.00
COM - Planning Code Enforcement Staff $ 50,000.00 $ 25,000.00
COM - Engineering Smith Ryerson Park $ 96,726.00 $ 96,726.00
COM - Engineering Neighborhood Beautification - 3rd St Sidewalks $ 40,000.00 $ -
TOTAL $ 937,658.00 $ 937,658.00
2018
2018 Staff 2018 CDC Commission
HOME Organization/Agency Activity Proposed Proposed Approved
CHDO Allocation Housing Affordable Units**** $ 50,000.00 $ 100,000.00
CHDO Administration Administration $ 5,000.00 $ 5,000.00
COM - CNS HOME Administration*** $ 32,768.00 $ 32,768.00
COM - CNS HOME Rehab Construction * $ 239,913.00 $ 189,913.00
TOTAL $ 327,681.00 $ 327,681.00
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: May 16, 2018
RE: Neighborhood Renovations
SUMMARY OF REQUEST:
The city recently acquired properties at 1531 Beidler, 1078 Second Street, 1067 Grand Street, 248
Mason Street, and 1188 4th Street. All of the properties require extensive renovations prior to being
made available for occupancy. Three of the properties were acquired via tax foreclosure and two via
conventional property acquisition. Staff is seeking approval to invest up to $400,000 in these five
structures. Once renovations are complete, the properties will be sold to as affordable market-rate
residential properties.
FINANCIAL IMPACT:
$400,000 allocated from the Public Improvement Fund over the next two fiscal years.
BUDGET ACTION REQUIRED:
This will be accounted for partially in the 3rd Quarter Reforecast. The remainder of the expenses will be
accounted for in the FY 2018-19 budget.
STAFF RECOMMENDATION:
To authorize the city manager to expend up to $400,000 for the renovation of city-owned structures at
1531 Beidler, 1078 Second Street, 1067 Grand Street, 248 Mason Street, and 1188 4th Street.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: May 22, 2018
Date: May 16, 2018
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Brownfield Plan Amendment
and Development and Reimbursement Agreement
for Pigeon Hill 4th Street Expansion Project
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting the
amendment to the Brownfield Plan and to approve the Development and Reimbursement Agreement. The
amendments are for property owned by Pigeon Hill Brewing Company, LLC.
FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to reimburse the developer and the City for
“eligible expenses” incurred in association with development of the Pigeon Hill 4th Street Expansion project. Pigeon
Hill Brewing Company, LLC cost for the development of the property is approximately $1,313,187 in private
investment, resulting in a substantial increase in the local and school taxes generated by the property.
“Eligible Expenses” would be reimbursed starting in 2019. The estimated tax capture and payment schedule is
included as Tables 1 and 5 in the proposed Brownfield Plan Amendment.
During the last five years of the plan (estimated to be 2040-2044), the BRA is authorized to capture local taxes for
five years for deposit into a Local Brownfield Revolving Fund.
The Development and Reimbursement Agreement provides the structure for the capture of taxes and the
reimbursement to Pigeon Hill Brewing Company, LLC and for eligible expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold a public hearing for approval of the Brownfield Plan Amendment for the
Pigeon Hill 4th Street Expansion Project and approve the attached resolution and authorize the Mayor and Clerk to
sign the resolution, and to approve the Development and Reimbursement Agreement between Pigeon Hill Brewing
Company, LLC, the City of Muskegon and the City of Muskegon Brownfield Redevelopment Authority.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for May 22, 2018 at
their May 8, 2018 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions. In
addition, the Brownfield Redevelopment Authority approved the Plan amendment and the Development and
Reimbursement Agreement on May 8, 2018 and recommends that the Muskegon City Commission approve the
Plan Amendment and Development and Reimbursement Agreement.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT AND
DEVELOPMENT AND REIMBURESMENT AGREEMENT
Pigeon Hill 4th Street Expansion Project
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the
22nd day of May 2018, at 5:30 p.m., prevailing Eastern Time.
PRESENT: Members
________________________________________________________________________
____________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Commissioner
_________________ and supported by Commissioner _________________:
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan,
1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority
(the "Authority") has prepared and approved a Brownfield Plan Amendment to add Pigeon
Hill 4th Street Expansion Project; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the
City Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity
to the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield
Plan on May 22, 2018.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of
Act 381.
3. That the proposed method of financing the costs of the eligible
activities, as identified in the Brownfield Plan and defined in Act 381, is feasible
and the Authority has the authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan
are reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the
adoption of the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is
effective immediately.
7. That the Development and Reimbursement Agreement is approved
and is effective immediately.
8. That all resolutions or parts of resolutions in conflict herewith shall be
and the same are hereby rescinded.
Be It Further Resolved that the Mayor and City Clerk are hereby
authorized to execute all documents necessary or appropriate to implement the
provisions of the Brownfield Plan.
AYES: Members
________________________________________________________________________
________________________________________________________________________
______________________________________________________
NAYS:
Members________________________________________________________________
____________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Marie Meisch, City Clerk
_____________________________
Stephen J. Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on May 22, 2018, and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings
Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of
said meeting were kept and will be or have been made available as required by said Act.
_____________________________
Ann Marie Meisch, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
FOR
PIGEON HILL BREWING COMPANY, LLC
895 4TH STREET
MUSKEGON, MICHIGAN
Approved by the Brownfield Redevelopment Authority on: May 8, 2018
Approved by the City Commissioners on ______________________
Prepared with the assistance of:
Envirologic Technologies, Inc.
2960 Interstate Parkway
Kalamazoo, Michigan 49048
(269) 342‐1100
TABLE OF CONTENTS
1. INTRODUCTION AND PURPOSE .......................................................................................................................... 1
2. ELIGIBLE PROPERTY INFORMATION ................................................................................................................... 3
3. PROPOSED REDEVELOPMENT ............................................................................................................................ 3
4. BROWNFIELD CONDITIONS ................................................................................................................................ 4
5. BROWNFIELD PLAN ELEMENTS (AS SPECIFIED IN SECTION 13(1) OF ACT 381) ..................................................... 5
A. DESCRIPTION OF COSTS TO BE PAID FOR WITH TAX INCREMENT REVENUES .............................................................................. 5
B. SUMMARY OF ELIGIBLE ACTIVITIES ................................................................................................................................... 6
C. ESTIMATE OF CAPTURED TAXABLE VALUE AND TAX INCREMENT REVENUES ............................................................................. 7
D. METHOD OF FINANCING AND DESCRIPTION OF ADVANCES BY THE MUNICIPALITY ..................................................................... 8
E. MAXIMUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS .................................................................................................. 8
F. DURATION OF BROWNFIELD PLAN ................................................................................................................................... 8
G. ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS ................................................... 8
.
H. LEGAL DESCRIPTION, PROPERTY MAP, STATEMENT OF QUALIFYING CHARACTERISTICS AND PERSONAL PROPERTY .......................... 8
I. ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES ................................................................................................ 10
J. PLAN FOR RELOCATION OF DISPLACED PERSONS ............................................................................................................... 10
K. PROVISIONS FOR RELOCATION COSTS ............................................................................................................................. 10
L. STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW ..................................................................... 10
.
M. OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT .......................................................... 10
EXHIBITS
FIGURE 1: Location Map
FIGURE 2: Site Plan
Survey and Legal Description
SCHEDULES/TABLES
TABLE 1: Summary of Eligible Costs
TABLE 2: Estimate of Total Captured Incremental Taxes
TABLE 3: Estimate of Annual Effect on Taxing Jurisdictions
TABLE 4: Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each
Taxing Jurisdiction
TABLE 5: Estimated Reimbursement Schedule
ATTACHMENTS
NOTICE OF PUBLIC HEARING
NOTICE TO TAXING JURISDICTIONS
RESOLUTION SUPPORTING A BROWNFIELD PLAN – CITY OF MUSKEGON BRA/DDA
RESOLUTION APPROVING A BROWNFIELD PLAN – CITY OF MUSKEGON COMMISSIONERS
i
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
PIGEON HILL BREWING COMPANY, LLC
895 4TH STREET
MUSKEGON, MICHIGAN
1. INTRODUCTION AND PURPOSE
Envirologic has prepared this Brownfield Plan on behalf of the City of Muskegon Brownfield
Redevelopment Authority (CMBRA) for 895 4th Street, Muskegon, Michigan. The 895 4th Street
parcel is currently an asphalt covered parking lot that Pigeon Hill Brewing Company, LLC will
redevelop as a brewery production facility (Exhibits, Figure 1). This redevelopment project may
result in the future completion of additional redevelopment costs within the adjacent public
right‐of‐ways that would also be considered eligible activity. Potential future redevelopment
activities within adjacent right‐of‐ways would require an amendment of this Brownfield Plan to
be subject to tax increment revenue reimbursement. The City of Muskegon is a Qualified Local
Governmental Unit as defined by section 2(k) of the Obsolete Property Rehabilitation Act (OPRA)
PA 146 of 2000, as amended. The initial phase of redevelopment will consist of the construction
of a 15,000 square foot pre‐engineered metal and brick building for brewery production,
designated tasting area, offices, as well as surrounding site improvements.
The proposed project included in this Brownfield Plan will benefit the local community by
bringing a previously publicly owned parcel back onto the tax rolls generating tax revenues and
also creating a destination spot that will encourage additional public traffic to the downtown area
for the City of Muskegon without furthering urban sprawl. The project also includes temporary
job creation for construction of the facility and long term job creation for brewery operations.
The subject property is currently an asphalt covered parking lot. According to historic sources,
the subject property has had several uses: being part of a lumber yard, a baseball diamond, and
most recently a parking lot utilized by the L.C. Walker Arena and Event Center. City of Muskegon
records indicate that the subject property was purchased by the city in 1963. The deed from the
purchase of the property indicated that the use of the parking lot was specifically to be utilized as
parking for the L.C. Walker Arena and Event Center for at least 50 years.
In September of 2008, a report titled Summary Report—Area‐Wide Assessment of Historic Fill of
Muskegon Lake Shoreline—Muskegon, Michigan was prepared with the intent to delineate
1
locations of historic fill material and determine the contamination associated with the fill
material throughout the downtown Muskegon area. The subject property falls in the region of
the Area‐Wide Final Summary Report, with sampling activities in the area indicating that several
contaminants are present above select Generic Residential Cleanup Criteria (GRCC). The sampling
locations that were in close vicinity to the subject property demonstrated the presence of select
metals in soil and groundwater at concentrations in excess of MDEQ cleanup criteria. Based
upon the fact that the deposition of fill material occurred regionally across the study area it is
reasonable to presume that similarly impacted fill is present across the footprint of the subject
parcel. This conclusion is supported by the results of the installation of geotechnical borings in
December 2017 demonstrating the presence of fill material at multiple boring locations across
the parcel. The results of the 2008 Area Wide study demonstrates that the 895 4th Street parcel
meets the definition of a “facility” as defined by Part 201 of the Natural Resources and
Environmental Protection Act (NREPA) and as defined by the Brownfield Redevelopment
Financing Act 381, MCL 125.2652(r).
Potential environmental‐related costs include Pre‐Approved Activities conducted by the CMBRA
and Pigeon Hill Brewing Company, LLC (the developer). These “environmental” costs are eligible
for reimbursement through the Brownfield Plan and include a Phase I Environmental Site
Assessment (ESA), Baseline Environmental Assessment (BEA), and Documentation of Due Care
Compliance (DDCC). These activities are statutorily eligible to be reimbursed using both school
and local tax increment revenues without Work Plan approval from the Michigan Department of
Environmental Quality (MDEQ). Additional environmental costs to be incurred in the future
during redevelopment include transport and disposal of contaminated soil, backfill for the
removal of contaminated soil, and associated dust control.
The project includes “non‐environmental costs” that are eligible for reimbursement through the
Brownfield Plan. Specific non‐environmental eligible costs include site demolition, site
preparation activities, and those architecture and engineering fees associated specifically with
the eligible activities. The development of this Brownfield Plan as well as an Act 381 Work Plan
are also eligible costs, as well as contingencies.
This Brownfield Plan identifies the eligible environmental and non‐environmental activities that
have been completed or will be conducted by the CMBRA or Pigeon Hill Brewing Company, LLC
and which will be reimbursed through the capture of tax increment revenues. An Act 381 Work
Plan will be prepared to approve the capture of school tax increment revenues for
2
reimbursement. The property is located within a Downtown Development Authority (DDA)
district. The DDA passed a resolution to forego their portion of the tax increment capture in
support of the project due to its myriad benefits to the community.
The purpose of this plan, to be implemented by the Authority, is to satisfy the requirements for a
Brownfield Plan as specified in Act 381 of the Public Acts of the State of Michigan of 1996, as
amended, MCL 125.2651 et. seq., which is known as the “Brownfield Redevelopment Financing
Act.” Terms used in this document are as defined in Act 381.
2. ELIGIBLE PROPERTY INFORMATION
The property subject to this Brownfield Plan consists of a portion of one legal parcel and the
adjacent public right‐of‐ways. The 895 4th Street property subject to this Brownfield Plan consists
of a portion of a larger parent parcel. The tax identification number of the parent parcel is: 61‐24‐
205‐567‐0002‐10. The property subject to this Brownfield Plan is the portion of the parent parcel
south of Fourth Street, north of Mart (5th) Street, and west of Shoreline Drive and is commonly
referred to as Parcel B. The legal description for Parcel B was obtained through a legal survey
conducted by Westshore Consulting (attached).
The 895 4th Street property is currently an asphalt covered parking lot. The subject property is
zoned Form Based Code – Downtown Context Area, according to the City of Muskegon zoning
ordinance. The redevelopment will complement and support the existing needs of the
community.
Refer to Figure 1 (Exhibits) for a location map and legal description.
3. PROPOSED REDEVELOPMENT
The 895 4th Street property currently consists of an asphalt covered parking lot. Pigeon Hill
Brewing Company, LLC intends to construct a brewery production facility with tasting room on
the property. The initial phase of proposed redevelopment consists of the construction of a
15,000 square foot metal and brick building resting on a concrete slab on grade at the north end
of the property. The building will include open floor production areas occupying the majority of
the structure with office, tasting room and administrative space to be located at the north end of
the building. The construction will include an asphalt covered parking area west of the building
and a storm water management area/swale along the northwest boundary of the property.
3
Pigeon Hill Brewing Company, LLC acquired the subject property from the City of Muskegon on
December 23, 2017. Environmental assessments have already been performed and construction
is scheduled to begin in the Summer of 2018. Redevelopment is anticipated to be complete by
the Fall of 2018. The private investment is estimated at $1,313,187. Pigeon Hill Brewing
Company, LLC anticipates the creation of five full time equivalent (FTE) jobs within two years of
project completion. No FTE jobs will be retained as the property is currently vacant.
4. BROWNFIELD CONDITIONS
According to historic sources, the subject property has had several uses: being part of a lumber
yard, a baseball diamond, and most recently a parking lot utilized by the L.C. Walker Arena and
Event Center. City of Muskegon records indicate that the subject property was purchased by the
city in 1963. The deed from the purchase of the property indicated that the use of the parking lot
was specifically to be utilized as parking for the L.C. Walker Arena and Event Center for at least 50
years.
In September of 2008, a report titled Summary Report—Area‐Wide Assessment of Historic Fill of
Muskegon Lake Shoreline—Muskegon, Michigan was prepared with the intent to delineate
locations of historic fill material and determine the contamination associated with the fill
material throughout the downtown Muskegon area. The subject property falls in the region of
the Area‐Wide Final Summary Report, with sampling activities in the area indicating that metals
contaminants are present in shallow fill material at concentrations above select Generic
Residential Cleanup Criteria (GRCC). The area wide sampling locations that were in close vicinity
to the subject property demonstrated the presence of chromium and arsenic in soil and
manganese in groundwater at concentrations in excess of MDEQ cleanup criteria. Based upon
the fact that the deposition of fill material occurred regionally across the study area it is
reasonable to presume that similarly impacted fill is present across the footprint of the subject
parcel. This conclusion is supported by the results of the installation of geotechnical borings in
December 2017 demonstrating the presence of fill material at multiple boring locations across
the parcel. Based upon the results of the area wide assessment a Baseline Environmental
Assessment (BEA) was prepared on behalf of Pigeon Hill Brewing Company, LLC. The results of
the 2008 Area Wide study demonstrates that the 895 4th Street parcel meets the definition of a
“facility” as defined by Part 201 of the Natural Resources and Environmental Protection Act
(NREPA) and as defined by the Brownfield Redevelopment Financing Act 381, MCL 125.2652(r).
4
As such, the property qualifies to be included in the Brownfield Plan as defined by the Brownfield
Redevelopment Financing Act 381, MCL 125.2652(c)(vii). Additionally, the adjacent public right‐
of‐ways are contiguous to the “facility” 895 4th Street property.
5. BROWNFIELD PLAN ELEMENTS (as specified in Section 13(1) of Act 381)
A. Description of Costs to be Paid for with Tax Increment Revenues
This Brownfield Plan has been developed to reimburse existing and anticipated costs to be
incurred by the CMBRA and Pigeon Hill Brewing Company, LLC (the developer). Tax
increment revenues will be captured for reimbursement from both local and school taxes.
An Act 381 Work Plan will be prepared for the approval of school tax capture. BEA
Activities are statutorily eligible for reimbursement with both local and school tax
increment revenues. Specific costs to be paid for with tax increment revenues are detailed
in Table 1 and described below.
Eligible costs for reimbursement include MDEQ environmental Pre‐Approved Activities
consisting of a Phase I ESA funded by the CMBRA and a Baseline Environmental
Assessment (BEA) and Documentation of Due Care Compliance (DDCC) funded by Pigeon
Hill Brewing Company, LLC. The Phase I ESA was completed at a cost of $3,000 and the
BEA was completed at a cost of $2,000. The preparation of a Documentation of Due Care
Compliance (DDCC) report was at a cost of $1,500. The following additional environmental
activities were completed or will be completed in support of redevelopment: transport
and disposal of contaminated soil at an estimated cost of $50,000; back‐fill replacement
of contaminated soil at a cost of $10,000; and dust control during these activities at a cost
of $1,000.
The project also includes “non‐environmental costs” that are eligible for reimbursement
through the Brownfield Plan. Specific non‐environmental eligible costs include site
demolition activities, site preparation activities, and those architecture and engineering
fees associated specifically with the eligible activities. Site demolition will include removal
of the asphalt parking lot on northern portions of the site for the new building at a cost of
$4,000 and curb/gutter demolition for new access points to the property at a cost of
$1,000.
5
Site preparation activities will include: the transport and disposal of soils that are
unsuitable for construction ($125,000); backfill of the removed soil ($30,000); dust control
($1,000); dewatering (5 days @ $5,000/day = $25,000); geotechnical engineering ($6,400);
grading (3,333 square yards @ $1.50/square yard = $5,000); land balancing (3,333 square
yards @ $1.50/square yard = $5,000); staking ($4,000); temporary erosion control (400
linear foot @ $6.25/linear foot = $2,500); and temporary facility (6 months @
$300\month = $1,800).
The development of the Brownfield Plan and Act 381 Work Plan are also eligible activities,
estimated at a proposed cost of $7,000 each.
The Plan also includes Administrative Costs of the CMBRA. For the purposes of this Plan
the Administrative Costs of the CMBRA were projected by calculating 10% of the cost of
total eligible activities inclusive of contingencies. While the attached Table 5 indicates a
consistent annual capture for Administrative Costs beginning the first year of tax capture
in 2019; the CMBRA may choose at their discretion to not begin capture of Administrative
Costs for some period of time after tax increment revenue capture begins. As such, the
capture of tax increment for Administrative Costs may not proceed as detailed in Table 5.
Regardless of when tax increment capture for Administrative Costs begins the capture of
tax increment for Administrative Costs will not exceed 10% of eligible activities inclusive
of contingencies.
Interest expense is an eligible expense and is included in this Brownfield Plan at 2.5%.
The total potential brownfield eligible activity costs—including contingencies, financing
costs, administrative fees, preparation of the Brownfield Plan and Act 381 Work Plan —
are estimated at $498,558.57.
B. Summary of Eligible Activities
Completed environmental activities include a Phase I ESA, Baseline Environmental
Assessment (BEA), and Documentation of Due Care Compliance (DDCC). Additional
environmental activities to be conducted include: transport and disposal of contaminated
soil; backfill replacement of removed contaminated soil; and dust control during these
activities.
6
Non‐environmental activities include: site demolition; site preparation, and those
architecture and engineering fees associated specifically with the eligible activities.
The development of the Brownfield Plan and Act 381 Work Plan, administrative costs of
the Authority, interest expense, and contingencies are also eligible activities.
C. Estimate of Captured Taxable Value and Tax Increment Revenues
For the purposes of this plan, the initial taxable value is the value of the eligible property
in the current 2018 taxable value of $74,200. The eligible activities not yet completed will
be initiated in the Spring of 2018 with an expected project completion date in the Fall of
2018. This Plan anticipates that the increment will first be available for capture with the
2019 summer and winter taxes. The increase in taxable value will come from a
combination of putting the publicly owned 895 4th Street parcel back on the tax rolls in
addition to the increase in taxable value associated with construction of the 15,000
square foot brewery production facility with tasting room.
The planned redevelopment activities and investment for the project was provided to the
City of Muskegon Assessor in support of estimating the future taxable value of the
property. The City of Muskegon Assessor projects a value of the building at $1,164,575,
land improvements valued at $26,612, and a land value of $122,000. Together these
provide an estimated true cash value of $1,313,187 and a resulting future taxable value
estimate of $656,600.
Based upon the December 2017 purchase of the property by Pigeon Hill Brewing
Company, LLC the vacant lot has an initial taxable value of $74,200. As such; a tax
increment of $582,400 is anticipated.
The estimated captured taxable value for this redevelopment by year and in aggregate for
each taxing jurisdiction is depicted in tabular form (Tables 2, 3, and 4).
A summary of the estimated reimbursement schedule and the amount of capture into the
Local Brownfield Revolving Fund (LBRF) by year and in aggregate is presented as Table 5.
Once eligible expenses are reimbursed, the Authority may capture up to five full years of
the tax increment and deposit the revenues into an LBRF.
7
D. Method of Financing and Description of Advances by the Municipality
The Phase I ESA was financed by the CMBRA through the use of EPA grant funds on behalf
of Pigeon Hill Brewing Company, LLC. All other BEA activities were funded or will be
funded by Pigeon Hill Brewing Company, LLC. Non‐environmental costs will be incurred by
the developer. Eligible costs will be reimbursed through tax increment financing and other
leveraged incentives. Eligible activities do include interest expense (financing costs).
Interest will be calculated at 2.5% annually on unreimbursed principal costs. Simple
interest will be paid after all principal is paid. The environmental assessment costs are
statutorily approved for reimbursement with both local and school tax increment
revenues.
No advances by the municipality have been made or are anticipated.
E. Maximum Amount of Note or Bonded Indebtedness
At this time, there are no plans by the Authority to incur indebtedness to support
development of this site, but such plans could be made in the future to assist in the
development if the Authority so chooses.
F. Duration of Brownfield Plan
The Authority intends to begin capture of tax increment in 2019. This Plan will then
remain in place until the eligible activities have been fully reimbursed and up to five full
years of capture into the LBRF is complete or 30 years, whichever occurs sooner.
G. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions
The estimated amount of tax increment revenues to be captured for this redevelopment
from each taxing jurisdiction by year and in aggregate is presented as Table 4.
H. Legal Description, Property Map, Statement of Qualifying Characteristics and
Personal Property
The 895 4th Street parcel subject to this Brownfield Plan consists of a portion of a larger
parent parcel. The tax identification number of the parent parcel is: 61‐24‐205‐567‐0002‐
10. The property subject to this Brownfield Plan is the portion of the parent parcel south
of Fourth Street and is commonly referred to as Parcel B. The legal description for Parcel B
was obtained through a legal survey conducted by Westshore Consulting (attached). A
8
legal description of the 895 4th Street property subject to this Brownfield Plan is presented
below:
PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
LIBER 3, PAGE 71 DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND VERTICAL RAILROAD RAIL ON THE LINE BETWEEN
BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS, NORTHWESTERLY OF THE
NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40 DEGREES 43 MINUTES 49
SECONDS EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563, A DISTANCE OF
200.00 FT., THENCE SOUTH 34 DEGREES 26 MINUTES 46 SECONDS WEST, A
DISTANCE OF 416.28 FEET, THENCE SOUTH 34 DEGREES 29 MINUTES 42 SECONDS
WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 38 DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65
FEET;
THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET
NORTHWESTERLY OF THE RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES
TO THE EXISTING RAILROAD, A DISTANCE OF 260.28 FEET (CURVE DATA BEING,
RADIUS=1,777.07 FEET, DELTA=8 DEGREES 23 MINUTES 30 SECONDS, LONG CHORD
AND BEARING= =SOUTH 32 DEGREES 23 MINUTES 20 SECONDS WEST, 260.04
FEET);
THENCE SOUTH 36 DEGREES 3 MINUTES 4 SECONDS WEST, ALONG A LINE 40 FEET
NORTHWESTERLY OF THE RAILROAD CENTERLINE, AS MEASURED AT RIGHT ANGLES
TO THE EXISTING RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY
LINE OF BLOCK 567;
THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID
SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET
THENCE NORTH 34 DEGREES 27 MINUTES 11 SECONDS EAST, A DISTANCE OF
385.66 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS.
In addition to the above described 895 4th Street parcel the adjacent 4th Street, Martin
Street (5th Street), and Shoreline Drive right‐of‐ways are contiguous to the 895 4th Street
parcel and also considered eligible property for the purposes of this Brownfield Plan.
The property meets the definition of a “brownfield” as defined by Public Act 381, the
Brownfield Redevelopment Financing Act of 1996, as amended, based upon the fact that
9
the 895 4th Street parcel meets the definition of a “facility” as defined by Part 201 of
NREPA. The “facility” designation is based upon the presence of select metals in shallow
soil and groundwater attributable to the historic regional deposition of urban fill material
along the Muskegon River including within the area of the project site. Further
description of “facility” conditions is described in Section 4 of this Brownfield Plan.
This Brownfield Plan does intend to capture tax increment revenues associated with
personal property tax, if available.
I. Estimates of Residents and Displacement of Families
This property is a parking lot. Therefore, there are no plans for displacement of families.
J. Plan for Relocation of Displaced Persons
Not applicable.
K. Provisions for Relocation Costs
Not applicable.
L. Strategy for Compliance with Michigan’s Relocation Assistance Law
Not applicable.
M. Other Material that the Authority or Governing Body Considers Pertinent
Not applicable.
10
EXHIBITS
FIGURE 1: Location Map
FIGURE 2: Site Plan
SCHEDULES/TABLES
TABLE 1: Summary of Eligible Costs
TABLE 2: Estimate of Total Captured Incremental Taxes
TABLE 3: Estimate of Annual Effect on Taxing Jurisdictions
TABLE 4: Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each
Taxing Jurisdiction
TABLE 5: Estimated Reimbursement Schedule
ATTACHMENTS
NOTICE OF PUBLIC HEARING
NOTICE TO TAXING JURISDICTIONS
RESOLUTION SUPPORTING A BROWNFIELD PLAN – CITY OF MUSKEGON BRA/DDA
RESOLUTION APPROVING A BROWNFIELD PLAN – CITY OF MUSKEGON COMMISSION
EXHIBITS
FIGURE 1: Location Map
FIGURE 2: Site Plan
SURVEY AND LEGAL DESCRIPTION
LAKE SUPERIOR
LA
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CENTER OF PROJECT SITE (1)
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MUSKEGON COUTNY
MUSKEGON, MICHIGAN
SOURCE:MUSKEGON WEST, MICHIGAN USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE MAPS
MAPTECH© U.S. TERRAIN SERIES™ ®MAPTECH©, INC. 606-433-8500
PROJECT SITE:
TAX ID No: 61-24-205-567-0002-10
l AA. g M o e : o a i n M ap
BEING IN THE SE1/4 OF THE SW1/4 OF
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SECTION 19 TOWNSHIP 10 N, RANGE 16 W
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PROJECT NO.
NOTES: (1) LATITUDE AND LONGITUDE INTERPOLATED USING CAD SOFTWARE WITH GEOGRAPHIC
170371
CAPABILITIES SET TO THE MICHIGAN GEOREF SYSTEM PROJECTION, AND NATIONAL
895 4th STREET
d n
AGRICULTURAL IMAGERY PROGRAM (NAIP) 2005 GEOREFERENCED IMAGERY OBTAINED FIGURE No.
895 4th STREET
FROM THE MICHIGAN GEOGRAPHIC DATA LIBRARY.
0 0 0 AAAAAA Fi :
MUSKEGON, MI 49440
e
0 500 1000 2000 4000
environmental consulting
2960 INTERSTATE PARKWAY
services
LOCATION MAP 1
0 0 0
KALAMAZOO, MICHIGAN 49048
PH: (269) 342-1100 FAX: (269) 342-4945
SCALE 1" = 2000'
3
rd
S
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T
4t
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S
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E
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PARCEL B
61-24-205-567-0002-10
SCALE 1" = 150'
0 50 100 150 300
NOTE:
THIS IS NOT A PROPERTY BOUNDARY SURVEY, PROPERTY BOUNDARIES SHOWN ON THIS MAP
R
ARE BASED ON AVAILABLE FURNISHED INFORMATION AND ARE APPROXIMATE ONLY AND
D
SHOULD NOT BE USED TO ESTABLISH PROPERTY BOUNDARY LOCATION IN THE FIELD.
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895 4th STREET
T
895 4th STREET
MUSKEGON, MI 49440
SITE PLAN
PROJECT NO.
170371
0 0 0 AAAAAA Fi : o e :
l M d l
FIGURE No.
MUSKEGON
e
LAKE
environmental consulting
2960 INTERSTATE PARKWAY
services
2
0 0 0
KALAMAZOO, MICHIGAN 49048
PH: (269) 342-1100 FAX: (269) 342-4945
SCHEDULES/TABLES
TABLE 1: Summary of Eligible Costs
TABLE 2: Estimate of Total Captured Incremental Taxes
TABLE 3: Estimate of Annual Effect on Taxing Jurisdictions
TABLE 4: Captured Taxable Value and Tax Increment Revenue
by Year and Aggregate for Each Taxing Jurisdiction
TABLE 5: Estimated Reimbursement Schedule
Table 1
Summary of Eligible Activities
Pigeon Hill Brewing Redevelopment Project
Muskegon, MI
Eligible Activities Estimated Cost State and Local Local Only Costs State Only Costs
Environmental Activities - MDEQ Eligible (State & Local)
Pre-Approved Activities $ 5,000.00
Phase I Environmental Site Assessment - CMBRA $ - $ 3,000.00 $ - $ -
Baseline Environmental Assessment (BEA) - Pigeon Hill $ - $ 2,000.00 $ - $ -
Due Care Activities $ 1,500.00 $ - $ - $ -
Documentation of Due Care Compliance (DDCC) - Pigeon Hill $ 1,500.00
Response Activities - Pigeon Hill $ 61,000.00 $ - $ - $ -
Transport & Disposal of Contaminated Soil $ 50,000.00
Fill - Backfill of Environmental Removals $ 10,000.00
Dust Control $ 1,000.00
MSF Non Environmental Activities (State & Local-QLGU) - Pigeon Hill
Site Demolition $ 5,000.00 $ - $ -
Parking Lot $ 4,000.00
Curbs & Gutters $ 1,000.00
Site Preparation $ 205,700.00 $ - $ -
Transport & Disposal of Unsuitabe Soil $ 125,000.00
Fill - Backfill of Soil Removal $ 30,000.00
Dust Control $ 1,000.00
Dewatering $ 25,000.00
Geotechnical Engineering $ 6,400.00
Grading $ 5,000.00
Land Balancing $ 5,000.00
Staking $ 4,000.00
Temporary Erosion Control $ 2,500.00
Temporary Facility $ 1,800.00
A/E Fees Associated with Eligible Activities $ 10,000.00 $ 10,000.00 $ - $ -
TOTAL COSTS OF ELIGIBLE ACTIVITIES $ 288,200.00 $ 288,200.00 $ - $ -
Financing Costs (2.5%)* $ 91,796.51 $ 91,796.51 $ - $ -
Contingencies (15%) $ 44,355.00 $ 44,355.00 $ - $ -
Administrative Costs of the Authority (10% of eligible activities) $ 34,655.50 $ - $ 34,655.50 $ -
Brownfield Plan - Pigeon Hill $ 7,000.00 $ 7,000.00 $ - $ -
Act 381 Work Plan - Pigeon Hill $ 7,000.00 $ 7,000.00 $ - $ -
TOTAL REIMBURSEMENTS $ 473,007.01 $ 438,351.51 $ 34,655.50 $ -
Total for CMBRA (without Admin) $ 3,000.00 $ 3,000.00 $ - $ -
Total for Developer with contingency & interest $ 435,351.51 $ 435,351.51 $ - $ -
Captured and Disbursed to State Brownfield Redevelopment Fund $ 41,932.80 $ - $ - $ 41,932.80
Additional Capture for LBRF $ 130,025.07 $ - $ 96,470.82 $ 33,554.25
TOTAL CAPTURE $ 644,964.88 $ 438,351.51 $ 131,126.32 $ 75,487.05
*Simple interest paid after all principal is paid,
Interest paid on unreimbursed principal costs (debt), accrued annually at 2.5%
Table 2
Estimate of Total Captured Incremental Taxes
Pigeon Hill Brewing Redevelopment Project
Muskegon, MI
Available for
Annual Total Tax Revenues from Estimated Future Estimated Future Tax Incremental Tax
Year Initial Taxable Value Authority
Millage† Initial Taxable Value Taxable Value Revenues Revenues
Disbursements
2019 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2020 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2021 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2022 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2023 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2024 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2025 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2026 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2027 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2028 30.1741 $ 74,200.00 $ 2,238.92 $ 656,600.00 $ 19,812.31 $ 17,573.40 $ 15,826.20
2029 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2030 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2031 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2032 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2033 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2034 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2035 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2036 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2037 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2038 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2039 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 29,905.19
2040 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 31,652.39
2041 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 31,652.39
2042 54.3482 $ 74,200.00 $ 4,032.64 $ 656,600.00 $ 35,685.03 $ 31,652.39 $ 31,652.39
2043 30.3482 $ 74,200.00 $ 2,251.84 $ 656,600.00 $ 19,926.63 $ 17,674.79 $ 17,674.79
2044 30.3482 $ 74,200.00 $ 2,251.84 $ 656,600.00 $ 19,926.63 $ 17,674.79 $ 17,674.79
TOTAL $ 654,217.03 $ 617,525.83
† - Does not include debt millages
* - Total includes five year future capture to Local Brownfield Revolving Fund
Term of Industrial Facilities Tax abatement
Table 3
Estimate of Annual Effect on Taxing Jurisdictions
During IFT Abatement Period
Pigeon Hill Brewing Redevelopment Project
Muskegon, MI
SUMMER TAXES1
State Ed
Taxing Jurisdiction Tax⁷ County Oper. Total
Millage 6 2.8492 8.8492
Initial Taxable Value⁴ $ 74,200.00 $ 445.20 $ 211.41 $ 656.61
Future Taxable Value⁵ $ 656,600.00 $ 3,939.60 $ 1,870.78 $ 5,810.38
Captured Taxable Value $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 5,153.77
2
WINTER TAXES
County County Senior Cit Central Comm Comm. Hackley MPS Debt Streetlight
Taxing Jurisdiction Museum Veterans Svc Dispatch College College Debt MAISD City Oper. City San. Library Hackley Debt MPS Oper. MPS Sink. MPS Debt 1995 2009 LED Total
Millage 0.16105 0.0376 0.25 0.15 1.10185 0.17 2.379 5.0454 1.5 1.2 0.24995 9 0.5000 2.0400 1.3000 0.0000 25.08485
Initial Taxable Value⁴ $ 74,200.00 $ 11.95 $ 2.79 $ 18.55 $ 11.13 $ 81.76 $ 12.61 $ 176.52 $ 374.37 $ 111.30 $ 89.04 $ 18.55 $ 667.80 $ 37.10 $ 151.37 $ 96.46 $ - $ 1,861.30
Future Taxable Value⁵ $ 656,600.00 $ 105.75 $ 24.69 $ 164.15 $ 98.49 $ 723.47 $ 111.62 $ 1,562.05 $ 3,312.81 $ 984.90 $ 787.92 $ 164.12 $ 5,909.40 $ 328.30 $ 1,339.46 $ 853.58 $ - $ 16,470.71
Captured Taxable Value $ 582,400.00 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ - $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ - $ 5,241.60 $ 291.20 $ - $ - $ - $ 12,419.62
1. Based on millages from 2017 taxes with IFT abatement Total Millage during IFT Term 33.9341
2. Based on millages from 2017 taxes with IFT abatement Total Annual Future Tax Liability $ 22,281.10
3. Half of captured SET conveyed to State Brownfield Redevelopment Fund Total Capturable Local Millages 15.1741
4. Based on 2018 taxable value Total Annual Capturable Local Tax Increment $ 8,837.40
5. Estimate established by county assessor Total Capturable School Millages 15.0000
6. IFT Terms are 10 years and essentially reduce millage rates by 50% Total Annual Capturable School Tax Increment $ 8,736.00
7. SET during IFT will be established by Dept. of Treasury Total School and Local Tax Increment Revenue/Yr $ 17,573.40
SET may be abated 100%, 50% or not at all Total Capturable School and Local Millages 30.1741
8. Debt millages and special assessments not capturable
School/Local ratio 49.71%/50.29%
Table 3B
Estimate of Annual Effect on Taxing Jurisdictions
Without IFT/Post- Abatement Period
Pigeon Hill Brewing Redevelopment Project
Muskegon, MI
SUMMER TAXES1
Taxing Jurisdiction State Ed Tax County Oper. Total
Millage 6 5.6984 11.6984
Initial Taxable Value⁴ $ 74,200.00 $ 445.20 $ 422.82 $ 868.02
Future Taxable Value⁵ $ 656,600.00 $ 3,939.60 $ 3,741.57 $ 7,681.17
Captured Taxable Value $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 6,813.15
WINTER TAXES2
County County Senior Cit Central Comm Comm. Hackley MPS Debt Streetlight
Taxing Jurisdiction Museum Veterans Svc Dispatch College College Debt MAISD City Oper. City San. Library Hackley Debt MPS Oper. MPS Sink. MPS Debt 1995 2009 LED Total
Millage 0.3221 0.0752 0.5 0.3 2.2037 0.34 4.758 10.0908 3 2.4 0.4999 18 1.0000 4.0800 2.6000 0.0000 50.1697
Initial Taxable Value⁴ $ 74,200.00 $ 23.90 $ 5.58 $ 37.10 $ 22.26 $ 163.51 $ 25.23 $ 353.04 $ 748.74 $ 222.60 $ 178.08 $ 37.09 $ 1,335.60 $ 74.20 $ 302.74 $ 192.92 $ - $ 3,722.59
Future Taxable Value⁵ $ 656,600.00 $ 211.49 $ 49.38 $ 328.30 $ 196.98 $ 1,446.95 $ 223.24 $ 3,124.10 $ 6,625.62 $ 1,969.80 $ 1,575.84 $ 328.23 $ 11,818.80 $ 656.60 $ 2,678.93 $ 1,707.16 $ - $ 32,941.43
Captured Taxable Value $ 582,400.00 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ - $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ - $ 10,483.20 $ 582.40 $ - $ - $ - $ 24,839.24
1. Based on millages from 2017 taxes Total Millage 61.8681
2. Based on millages from 2017 taxes Total Annual Future Tax Liability $ 40,622.59
3. Half of captured SET conveyed to State Brownfield Redevelopment Fund Total Capturable Local Millages 30.3482
4. Based on 2018 taxable value Total Annual Capturable Local Tax Increment $ 17,674.79
5. Estimate established by county assessor Total Capturable School Millages 24.0000
6. Debt millages and special assessments not capturable Total Annual Capturable School Tax Increment $ 13,977.60
Total School and Local Tax Increment Revenue/Yr $ 31,652.39
School/Local ratio 49.71%/50.29% Total Capturable School and Local Millages 54.3482
Table 4
Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each Taxing Jurisdiction
Pigeon Hill Brewing Redevelopment Project
Muskegon, MI
Year Captured Taxable Value State Ed Tax County Oper. County Museum County Veterans Senior Cit Svc Central Dispatch Comm College MAISD City Oper. City San. Hackley Library MPS Oper. MPS Sink.
6 2.8492 0.16105 0.0376 0.25 0.15 1.10185 2.379 5.0454 1.5 1.2 9 0.5 Total
2019 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2020 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2021 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2022 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2023 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2024 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2025 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2026 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2027 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
2028 $ 582,400.00 $ 3,494.40 $ 1,659.37 $ 93.80 $ 21.90 $ 145.60 $ 87.36 $ 641.72 $ 1,385.53 $ 2,938.44 $ 873.60 $ 698.88 $ 5,241.60 $ 291.20 $ 17,573.40
6 5.6984 0.3221 0.0752 0.5 0.3 2.2037 4.758 10.0908 3 2.4 18 1
2029 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2030 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2031 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2032 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2033 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2034 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2035 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2036 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2037 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2038 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2039 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2040 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2041 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2042 $ 582,400.00 $ 3,494.40 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 10,483.20 $ 582.40 $ 31,652.39
2043 $ 582,400.00 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 582.40 $ 17,674.79
2044 $ 582,400.00 $ 3,318.75 $ 187.59 $ 43.80 $ 291.20 $ 174.72 $ 1,283.43 $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76 $ 582.40 $ 17,674.79
TOTAL CAPTURED TAXES $ 83,865.60 $ 69,693.71 $ 3,939.41 $ 919.73 $ 6,115.20 $ 3,669.12 $ 26,952.13 $ 58,192.24 $ 123,414.52 $ 36,691.20 $ 29,352.96 $ 199,180.80 $ 12,230.40 $ 654,217.03
1. Half of SET conveyed to State Brownfield Redevelopment Fund
Table 5
Estimated Reimbursement Schedule
Pigeon Hill Brewing Redevelopment Project
Funds Disbursed
Interest Calculation
Local Local
Year Incremental Taxes Capturable Brownfield Principal Remaining
Authority Authority Authority Developer Developer Administrative Brownfield Brownfield Principal Due
Developer Redevelopment (Year End) Interest Accrued
(School) (Local) (Aggregate) (School) (Local) Fees Revolving Fund Revolving Fund (Developer)
Fund (Developer)
(school) (Local)
School Non-School Aggregate Principal Balance Principal Payment Interest Balance Interest Payment
2019 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 1,400.00 $ 1,600.00 $ 3,000.00 $ 5,588.80 $ 5,587.13 $ 343,555.00 $ 11,175.93 $ 8,588.88 $ 1,747.20 $ 1,650.26 $ 343,555.00 $ 332,379.07 $ 8,588.88
2020 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 332,379.07 $ 14,175.93 $ 8,309.48 $ 1,747.20 $ 1,650.26 $ 332,379.07 $ 318,203.13 $ 8,309.48
2021 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 318,203.13 $ 14,175.93 $ 7,955.08 $ 1,747.20 $ 1,650.26 $ 318,203.13 $ 304,027.20 $ 7,955.08
2022 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 304,027.20 $ 14,175.93 $ 7,600.68 $ 1,747.20 $ 1,650.26 $ 304,027.20 $ 289,851.26 $ 7,600.68
2023 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 289,851.26 $ 14,175.93 $ 7,246.28 $ 1,747.20 $ 1,650.26 $ 289,851.26 $ 275,675.33 $ 7,246.28
2024 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 275,675.33 $ 14,175.93 $ 6,891.88 $ 1,747.20 $ 1,650.26 $ 275,675.33 $ 261,499.40 $ 6,891.88
2025 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 261,499.40 $ 14,175.93 $ 6,537.48 $ 1,747.20 $ 1,650.26 $ 261,499.40 $ 247,323.46 $ 6,537.48
2026 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 247,323.46 $ 14,175.93 $ 6,183.09 $ 1,747.20 $ 1,650.26 $ 247,323.46 $ 233,147.53 $ 6,183.09
2027 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 233,147.53 $ 14,175.93 $ 5,828.69 $ 1,747.20 $ 1,650.26 $ 233,147.53 $ 218,971.59 $ 5,828.69
2028 $ 8,736.00 $ 8,837.40 $ 17,573.40 $ 6,988.80 $ 7,187.13 $ 218,971.59 $ 14,175.93 $ 5,474.29 $ 1,747.20 $ 1,650.26 $ 218,971.59 $ 204,795.66 $ 5,474.29
2029 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 204,795.66 $ 28,254.93 $ 5,119.89 $ 1,747.20 $ 1,650.26 $ 204,795.66 $ 176,540.73 $ 5,119.89
2030 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 176,540.73 $ 28,254.93 $ 4,413.52 $ 1,747.20 $ 1,650.26 $ 176,540.73 $ 148,285.80 $ 4,413.52
2031 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 148,285.80 $ 28,254.93 $ 3,707.15 $ 1,747.20 $ 1,650.26 $ 148,285.80 $ 120,030.87 $ 3,707.15
2032 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 120,030.87 $ 28,254.93 $ 3,000.77 $ 1,747.20 $ 1,650.26 $ 120,030.87 $ 91,775.94 $ 3,000.77
2033 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 91,775.94 $ 28,254.93 $ 2,294.40 $ 1,747.20 $ 1,650.26 $ 91,775.94 $ 63,521.01 $ 2,294.40
2034 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 63,521.01 $ 28,254.93 $ 1,588.03 $ 1,747.20 $ 1,650.26 $ 63,521.01 $ 63,521.01 $ 1,588.03
2035 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 35,266.08 $ 28,254.93 $ 881.65 $ 1,747.20 $ 1,650.26 $ 35,266.08 $ 35,266.08 $ 881.65
2036 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 7,011.15 $ 7,011.15 $ 175.28 $ 21,243.78 $ 1,747.20 $ 1,650.26 $ 7,011.15 $ 7,011.15 $ 175.28
2037 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 28,254.93 $ 1,747.20 $ 1,650.26
2038 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 12,230.40 $ 16,024.53 $ 28,254.93 $ 1,747.20 $ 1,650.26
2039 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 6,115.20 $ 7,927.67 $ 14,042.87 $ 1,747.20 $ 1,650.26 $ 6,115.20 $8,096.86
2040 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 1,747.20 $ 12,230.40 $17,674.79
2041 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 1,747.20 $ 12,230.40 $17,674.79
2042 $ 13,977.60 $ 17,674.79 $ 31,652.39 $ 1,747.20 $ 2,978.25 $17,674.79
2043 $ 17,674.79 $ 17,674.79 $17,674.79
2044 $ 17,674.79 $ 17,674.79 $17,674.79
Totals $ 283,046.40 $ 371,170.63 $ 654,217.03 $ 1,400.00 $ 1,600.00 $ 3,000.00 $ 196,907.20 $ 238,444.31 $ 343,555.00 $ 91,796.51 $ 91,796.51 $ 41,932.80 $ 34,655.50 $ 33,554.25 $ 96,470.82 $ 91,796.51
Note: The estimated taxable value and resulting tax increment may vary. The available tax increment will be captured accordingly over time until the eligible costs are reimbursed.
*Simple interest paid after all principal is paid, 2036 is final reimbursement and commencement of interest payment
The amount of school tax captured into the LBRF is limited to the proportional amount of school taxes captured for environmental activities $ 33,554.25
The remaining amount of school tax capture in 2042 will be returned to the schools
Term of Industrial Facilities Tax Abatement
Administrative fees were calculated as 10% of eligible activities, inclusive of contingencies
ATTACHMENTS
Notice of Public Hearing
Notice to Taxing Jurisdictions
Resolution Supporting a Brownfield Plan – City of Muskegon BRA/DDA
Resolution Approving a Brownfield Plan – City of Muskegon Commission
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD PLAN,
AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT
AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on May 22, 2018, at 5:30 p.m., prevailing
Eastern Time in the City Hall Commission Chambers located at 933 Terrace Street,
Muskegon, MI, to consider the adoption of a resolution approving a Brownfield Plan
Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act
381 of the Public Acts of Michigan of 1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Pigeon Hill Brewing Company, LLC
895 Fourth St
Muskegon, MI 49440
Copies of the proposed Brownfield Plan Amendment are on file at the office of the City
Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval of the
Brownfield Plan Amendments for the City of Muskegon Brownfield Redevelopment
Authority. All aspects of the Brownfield Plan Amendments will be open for discussion at
the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of Muskegon,
Michigan.
Ann Marie Meisch, City Clerk
NOTICE OF PUBLIC HEARING
CITY OF MUSKEGON
(TAXING JURISDICTIONS)
Notice is hereby given that the City of Muskegon will hold a public hearing as part of their
regular City Commission meeting scheduled for Tuesday, May 22, 2018 at 5:30 p.m., or as soon
thereafter as possible, in the City Commission Chambers, City Hall, 933 Terrace Street, Muskegon,
Michigan, on the adoption of a proposed resolution approving a Brownfield Redevelopment Plan
Amendment for the property located at 895 Fourth Street, a vacant parcel located at the corner of
Fourth Street and Shoreline Drive.
The property subject to this Brownfield Plan consists of a portion of one legal parcel and the
adjacent public right‐of‐ways. The 895 4th Street property subject to this Brownfield Plan consists of a
portion of a larger parent parcel. The tax identification number of the parent parcel is:
61‐24‐205‐567‐0002‐10. The property subject to this Brownfield Plan is the portion of the parent
parcel south of Fourth Street, north of Mart (5th) Street, and west of Shoreline Drive and is commonly
referred to as Parcel B. The legal description for Parcel B was obtained through a legal survey
conducted by Westshore Consulting and reads as follows:
PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, LIBER
3, PAGE 71 DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND VERTICAL RAILROAD
RAIL ON THE LINE BETWEEN BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS,
NORTHWESTERLY OF THE NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40
DEGREES 43 MINUTES 49 SECONDS EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563,
A DISTANCE OF 200.00 FT., THENCE SOUTH 34 DEGREES 26 MINUTES 46 SECONDS WEST,
A DISTANCE OF 416.28 FEET, THENCE SOUTH 34 DEGREES 29 MINUTES 42 SECONDS
WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 38
DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65 FEET; THENCE
SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET NORTHWESTERLY OF THE
RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES TO THE EXISTING
RAILROAD, A DISTANCE OF 260.28 FEET (CURVE DATA BEING, RADIUS=1,777.07 FEET,
DELTA=8 DEGREES 23 MINUTES 30 SECONDS, LONG CHORD AND BEARING= =SOUTH 32
DEGREES 23 MINUTES 20 SECONDS WEST, 260.04 FEET); THENCE SOUTH 36 DEGREES 3
MINUTES 4 SECONDS WEST, ALONG A LINE 40 FEET NORTHWESTERLY OF THE
RAILROAD CENTERLINE, AS MEASURED AT RIGHT ANGLES TO THE EXISTING
RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY LINE OF BLOCK 567;
THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID
SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET THENCE NORTH 34 DEGREES 27
MINUTES 11 SECONDS EAST, A DISTANCE OF 385.66 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS. In addition
to the above described 895 4th Street parcel the adjacent 4th Street, Martin Street (5th Street), and
Shoreline Drive right‐of‐ways are contiguous to the 895 4th Street parcel and also considered eligible
property for the purposes of this Brownfield Plan.
A copy of the Brownfield Plan, including maps and a detailed summary regarding the fiscal and
economic implications of the plan, can be reviewed in the City Clerk’s Office during regular business
hours of 8:30 a.m. until 5:00 p.m. All aspects of the Brownfield Plan are open for discussion at the
public hearing.
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
THIS DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the
“Agreement”) is made on May 8, 2018, by and between the CITY OF MUSKEGON, a
Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon,
Michigan 49440 (the “City”), the CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY, a Michigan public body corporate, whose address is
933 Terrace Street, Muskegon, Michigan 49440 (the “Authority”), and Pigeon Hill
Brewing Company, LLC, a Michigan limited liability company, whose address is P.O.
Box 388, Muskegon, MI 49443 (the “Developer”).
RECITALS
A. Pursuant to P.A. 381 of 1996, as amended, (“Act 381”), the Authority
adopted a brownfield plan on May 8, 2018 (the “Brownfield Plan”) to add property
located at 895 4th Street, Muskegon, Michigan (the “Property”).
B. The Developer owns the Property, which is included in the Brownfield Plan
as an “eligible property” because it is a “facility”, as defined by Part 201 of the Natural
Resources and Environmental Protection Act (“Part 201”) and adjacent or contiguous to
the “facility”. The Developer is not a liable party, under Part 201, for the contamination
on the Property.
C. The Developer intends to conduct eligible activities on the Property in
order to address environmental conditions and redevelop the site into an industrial
brewing project that will include a 15,000 square foot brewing facility (the “Project”).
The Project will include statutorily pre-approved activities, due care activities,
environmental response activities, site demolition, site preparation, brownfield plan/work
plan preparation, and development eligible activities under Act 381 (the “Eligible
Activities”), all as described in the Brownfield Plan and eligible for reimbursement
under Act 381. The total cost of developer Eligible Activities, including interest and
contingencies, is $435,351.51 (the “Total Eligible Brownfield TIF Costs”).
D. Act 381 permits the Authority to capture and use the school tax (where
applicable) and local property tax revenues (both real and personal property) generated
from the incremental increase in property value of a redeveloped brownfield site
constituting an “eligible property” under Act 381 to pay or to reimburse the cost of
Eligible Activities conducted on the “eligible property” (the “Brownfield TIF Revenue”).
E. In accordance with Act 381, the parties desire to establish the procedure
for using the available Brownfield TIF Revenue generated from the Property to
reimburse the Developer for completion of Eligible Activities on the Property in amounts
not to exceed the Total Eligible Brownfield TIF Costs.
NOW, THERFORE, the parties agree as follows:
1. Reimbursement Source.
During the Term (defined below) of this Agreement, and except as set forth in
Paragraph 3 below, the Authority shall reimburse the Developer for the cost of its
Eligible Activities conducted on the Property from the Brownfield TIF Revenue collected
from the Property in proportion to the total overall Eligible Activities incurred under the
Brownfield Plan. The amount reimbursed to Developer for the Eligible Activities shall
not exceed the Total Eligible Brownfield TIF Costs. The Authority shall capture
Brownfield TIF Revenue from the Property and reimburse the Developer for Eligible
Activities until the earlier of the Developer being fully reimbursed or December 31, 2045.
2
Reimbursement payments shall be made on a semi-annual basis as incremental local
and school taxes are captured and available.
2. Capture of Taxes
During the term of this Agreement, the Authority shall capture all Brownfield TIF
Revenue from the Property and use those revenues as provided in this Agreement.
3. Reimbursement Process.
(a) Developer shall submit to the Authority a “Request for Cost
Reimbursement” of Eligible Activities paid for by the Developer on or before twelve (12)
months after an unconditional certificate of occupancy has been issued for the Project.
All costs for the Eligible Activities must be consistent with the approved Brownfield Plan.
The Developer must include documentation sufficient for the Authority to determine
whether the costs incurred were for Eligible Activities, including detailed construction
draws or invoices and proof of payment or lien waivers. Copies of all invoices for
Eligible Activities must note what Eligible Activities they support.
(b) Within forty-five (45) days after receiving a Request for Cost
Reimbursement from Developer, the Authority shall pay to the Developer the amounts
for which submissions have been made pursuant to Paragraph 3(a) of this Agreement
from which the submission may be wholly or partially paid from available Brownfield TIF
Revenue from the Property as described in Paragraph 1. The Developer shall
cooperate with the Authority’s review by providing information and documentation to
supplement the Request for Cost Reimbursement which may be reasonably requested
by the Authority during its review period. If a partial payment is made by the Authority
because of insufficient Brownfield TIF Revenue, the Authority shall make additional
3
payments toward the remaining amount within thirty (30) days of its receipt of additional
Brownfield TIF Revenue from the Property until all of the amounts for which
submissions have been made, have been fully paid to Developer or the end of the Term
(defined below), whichever occurs first. The Authority is not required to reimburse the
Developer from any other source but may at its sole discretion. If the Authority
determines that the requested costs are deemed ineligible for reimbursement, the
Authority shall notify the Developer in writing of its reasons for rejection within the forty-
five (45) day time period for review. The Developer shall then have forty-five (45) days
to provide supplemental information or documents to the Authority demonstrating that
the costs are eligible for reimbursement.
(c) The Authority shall send all payments to the Developer by registered or
certified mail addressed to the Developer at the address shown above, or by electronic
funds transfer directly to Developer’s bank account. Developer may change the
address by providing written notice sent by registered or certified mail to the Authority.
4. Term of Agreement.
The Authority’s reimbursement to Developer of the Total Eligible Brownfield TIF
Costs under this Agreement shall terminate the earlier of the date when all
reimbursements to Developer required under this Agreement have been made or
December 31, 2045 (the “Term”). If the Term of this Agreement ends before the full
reimbursement of all of Developer’s Total Eligible Brownfield TIF Costs, the last
reimbursement payment by the Authority shall be the summer and winter tax increment
collected during the final year of this Agreement.
4
5. Adjustments
If, due to an appeal of any tax assessment or reassessment of any portion of the
Property or for any other reason the Authority is required to reimburse any Brownfield
TIF Revenue to any tax levying unit of government, the Authority may deduct the
amount of any such reimbursement, including interest and penalties, from any amounts
due and owing the Developer. If all amounts due the Developer under this Agreement
have been fully paid or the Authority is no longer obligated to make any further
payments to the Developer, the Authority shall invoice the Developer for the amount of
such reimbursement and the Developer shall pay the Authority such invoiced amount
within forty-five (45) days of the Developer’s receipt of the invoice. Amounts invoiced
and paid to the Authority by the Developer pursuant to this paragraph shall be
reinstated as Eligible Activities for which the Developer shall have the opportunity to be
reimbursed in accordance with the terms, conditions and limitations of this Agreement.
Nothing in this Agreement shall limit the right of the Developer to appeal any tax
assessment.
6. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act
381. If there is legislation enacted in the future that alters or affects the amount of
Brownfield TIF Revenue subject to capture, eligible property, or eligible activities, then
the Developer’s rights and the Authority’s obligations under this Agreement shall be
modified accordingly as required by law, or by agreement of the parties.
7. Notices.
5
All notices shall be given by registered or certified mail addressed to the parties
at their respective addresses as shown above. Any party may change the address by
written notice sent by registered or certified mail to the other party.
8. Assignment.
This Agreement and the rights and obligations under this Agreement shall not be
assigned or otherwise transferred by any party without the consent of the other party,
which shall not be unreasonably withheld, provided, however, the Developer may
assign its interest in this Agreement to an affiliate without the prior written consent of the
Authority, provided, any such assignee shall acknowledge to the Authority in writing on
or prior to the effective date of such assignment its obligations upon assignment under
this Agreement, provided, further, that the Developer may make a collateral assignment
of the Brownfield TIF Revenue for project financing purposes. As used in this
paragraph, “affiliate” means any corporation, company, partnership, limited liability
company, trust, sole proprietorship or other entity or individual which (a) is owned or
controlled by such Developer, (b) owns or controls such Developer or (c) is under
common ownership or control with such Developer. This Agreement shall be binding
upon any successors or permitted assigns of the parties.
9. Entire Agreement.
This Agreement supersedes all agreements previously made between the parties
relating to the subject matter. There are no other understandings or agreements
between them.
10. Non-Waiver.
6
No delay or failure by any party to exercise any right under this Agreement, and
no partial or single exercise of that right, constitutes a waiver of that or any other right,
unless otherwise expressly provided herein.
11. Headings.
Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
12. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws
of the State of Michigan.
13. Counterparts.
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
14. Binding Effect.
The provisions of this Agreement shall be binding upon and inure to the benefit of
all the parties and their respective heirs, legal representatives, successors and assigns.
The parties have executed this Agreement on the date set forth above.
CITY OF MUSKEGON
By:_____________________________
Its:_____________________________
7
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
By:_____________________________
Its:_____________________________
PIGEON HILL BREWING COMPANY,
LLC
By:_____________________________
Its:_____________________________
14800907
8
Commission Meeting Date: May 22, 2018
Date: May 17, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance - Medical Marihuana Facilities
Licensing Act Overlay District - 2ND READING
SUMMARY OF REQUEST:
Staff-initiated request to amend the zoning ordinance to include a new section for the Medical
Marihuana Facilities Overlay District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance amendment.
COMMITTEE RECOMMENDATION:
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.
Michalski, Larson, Gawron and Doyle voted in support. Mazade and Montgomery-Keast voted in
opposition. Peterson and Hovey-Wright were absent. The version they approved for
recommendation is slightly different than from what staff is presenting tonight, as this version allows
all types of licenses within one overlay zone, rather than restricting licenses between two separate
overlay districts.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2320 of the zoning ordinance to create a Medical Marihuana
Facilities Licensing Act Overlay District.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
SECTION 2330: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICTS
A Medical Marihuana Facilities Overlay Districts is hereby created as outlined in Figure 23-2.
Within said overlay district only, Medical Marihuana Facilities to the extent licensed pursuant to
City Code Sections 34-201 through 34-208 are permitted.
A. Overlay District:
1. Location: Please see Figure 23-2 for the location of the overlay district. Within the
overlay district, licenses for Provisioning Centers, Growers, Processors, Secure
Transporters and Safety Compliance Facilities are permitted.
B. Growers and Processors Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
not use the word marihuana/marijuana, cannabis or any other word or phrase which
would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross
or any other rendering which would depict marihuana/marijuana be displayed on a
sign or any part of the building.
2. Building and Site Amenities. All Grower and Processor facilities must meet the
following amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport
vehicle can enter for delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
c. Lighting. There shall be ornamental lighting on the exterior of the building
at all ingress and egress doors.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling.
e. Carbon filtration system. The building shall be equipped with an activated
carbon filtration system for odor control and be maintained in working order.
3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals
and unused plant material.
4. Security. There must be a security presence in place on the property at all times,
either by licensed security guard(s) and/or security cameras. A floor plan with
security details is required.
C. Provisioning Center Requirements:
1. Hours. Provisioning Centers may operate between the hours 8 am and 8 pm.
2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
not use the word marihuana/marijuana, cannabis or any other word or phrase which
would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross
or any other rendering which would depict marihuana/marijuana be displayed on a
sign or any part of the building. Windows shall remain free and clear of all
advertising.
3. Building and Site Amenities. All Provisioning Centers must meet the following
amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport
vehicle can enter for delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
c. Security shutters. The interior of all windows shall require security shutters
that give the appearance of shutters or window shades. Metal bars and gates
are prohibited.
d. Lighting. There shall be ornamental lighting on the exterior of the building
at all ingress and egress doors.
e. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling.
f. Carbon filtration system. The building shall be equipped with an activated
carbon filtration system for odor control and be maintained in working order.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the
structure and out of public view. Walk-up and drive thru windows are not permitted.
5. Security. There must be a security presence in place on the property at all times,
either by licensed security guard(s) and/or security cameras. A floor plan with
security details is required.
D. Safety Compliance Facility Requirements:
1. Indoor Activities. All activities of a marihuana safety compliance facility shall be
conducted within the structure and out of public view.
2. Building and Site Amenities. All Safety Compliance Facilities must meet the
following amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
a. Lighting. Ornamental lighting is required on the exterior of the building at
all ingress and egress doors.
b. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling.
3. Security. There must be a security presence in place on the property at all times,
either by licensed security guard(s) and/or security cameras. A floor plan with
security details is required.
4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and
how they will be disposed of must be provided. The plan must also show how
marihuana plants and products will be disposed.
E. Secure Transporter Requirements:
1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
transport vehicle overnight. Outdoor storage, excluding transport vehicles is
prohibited.
2. Building and Site Amenities. All Secure Transporter buildings must meet the
following amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at
all ingress and egress doors.
c. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling.
3. Security. There must be a security presence in place on the property at all times,
either by licensed security guard(s) and/or security cameras. A floor plan with
security details is required.
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
22nd day of May, 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 May 22nd, 2018, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2320 of the zoning ordinance create a Medical
Marihuana Faculties Overlay Distract.
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
6
MC
SIXTH
SEVENTH
PARK
SEAWAY
LAKETON B-4 LAKETON
LAKETON
I-2 OSR
I-2 R-1 ALPHA
COMMERCE
R-1
JEFFERSON
SIXTH
FIFTH
HOLBROOK
B-2 HOLBROOK
B-4
TEMPLE
R-1
SANFORD
I-1
PARK
PECK
YOUNG
MUSKEGON HEIGHTS
MUSKEGON HEIGHTS
PROPOSED MMFLA DISTRICT
I-1 B-4
B-2
GENERAL BUSINESS
CONVENIENCE COMPARISON BUSINESS
I-1 LIGHT INDUSTRIAL
SEAWAY
I-2 GENERAL INDUSTRIAL
MC MEDICAL CARE
OSR OPEN SPACE RECREATION
R-1 SINGLE-FAMILY RESIDENTIAL
MUSKEGON HEIGHTS
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
February 15, 2018
Vice Chairman B. Larson called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, F. Peterson, B. Larson, B. Mazade, J. Doyle, S.
Gawron, J. Montgomery-Keast, M. Hovey-Wright
MEMBERS ABSENT: E. Hood, excused
STAFF PRESENT: M. Franzak, H. Mitchell
OTHERS PRESENT: J. Rooks, 75 W. Walton; D. Kamps, 1885 N. Buys Rd.; L. Spataro,
1567 6th; B. Krick, 1762 Jefferson; Dr. R. Hilt, 1627 Jefferson; F.
Farmer; 1668 Jefferson; Q. Tiffany, 1694 Jefferson; L. & R. Doctor,
1706 Sanford; D. Manley, 4290 Eastlake Dr; B. Lowry, 4080 Oak
Hollow Ct; A. Cirner, 1729 Huizenga; E. Seifert, 297 W Clay; D.
Foster, 135 Ottawa; J. Slack, 1472 Marquette; G. Adams, 2112
Sampson; S. Orey, 3060 Sherwood; R. King, 3393 Fulton; K.
Johnson, 1281 Montgomery.
APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of December 14,
2017 was made by J. Doyle, supported by J. Montgomery-Keast and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2018-01: Request for a departure from Section 2003.07 of the form based code
section of the zoning ordinance to forego the rooftop mechanical equipment screening
requirements at 285 W Western Ave, by Parkland Muskegon, Inc. The property is zoned Form
Based Code, Neighborhood Context Area (FBC-NC). Section 2003.07 of the code states “All
rooftop mechanical, communication and similar devices shall be screened from view of adjacent
properties and streets. Screening shall be so designed as to be an integral part of the building. The
screening shall match the buildings material and color or be another material or color that is
compatible with the building exterior.” There is mechanical equipment on the tallest roof on the
building, above the 8th floor. However, this equipment is not required to be screened because it is
not visible from the street. There is another roof on the building, above a portion of the 3rd floor,
and this area has air conditioning units on it that are visible from Western Ave and Jefferson St.
The applicant is seeking a departure to forego these screening requirements so that the tenants in
the two apartments near this equipment will have a better view out of the building. It is possible
that the future development of the adjacent property to the east will create somewhat of a screen
to this equipment from the road; however, a parking lot is planned for the southern portion of this
property. Most of the equipment would still be visible from Jefferson St. Notice was sent to all
property owners/tenants within 300 feet of this property and no comments were received. Staff
recommends small individual white screens in front of each unit, or some type of painting or white
casing over each unit that will blend them in with the building; something that would still allow
views from the apartments but also provide a partial screening of the equipment.
J. Rooks stated that the pictures that were included in the members’ meeting packet were the views
from inside the units which was his primary concern due to the blocking of the view from inside
of the units. There were discussions of individual screening of the air conditioning units. He
discussed the permits and any changes would be a life safety issue from what he had originally
submitted. He went over the different views and how the screening would be minimal in blocking
the different views from the adjacent properties. He shared pictures of different view of adjacent
properties as well as pictures of a metal mesh that could be attached to each air conditioner on one
side and would look like the screening and the holes wouldn’t be seen as well as they would be
white. He also provided pictures of the air conditioners and asking that they be left as is. J.
Montgomery-Keast asked for clarification of the photo in regards to the vacant lot and the area of
Jefferson St. J. Rooks explained how he and another adjacent property owner were using this
section for parking and the City owns a strip that 60 feet deep along Western and he believed the
an offer had been made on it for development. F. Peterson explained the lot is 60 feet deep and the
full length of Western Ave. but an offer had not been made for this City owned portion yet. M.
Hovey-Wright asked if Mr. Rooks considered using the same type of screening on the Jefferson
St. side as the units weren’t attractive to look at. Mr. Rooks stated that he would not as it isn’t as
noticeable on that side of the building.
A motion to close the public hearing was made by B. Mazade, supported by J. Doyle and
unanimously approved.
There was discussion on the screening of the units in regards to the pictures that were provided at
the meeting. Mr. Rooks stated that they would need to be about an inch away from the units. M.
Franzak stated that the ordinance states that the units have to be screened with the same color so it
would blend in. The units already have a screen over them and if they were painted to match; it
would look better. Mr. Rooks agreed and was willing to paint the screens to match.
A motion that the request for a departure from Section 2003.07 of the form based code section of
the zoning ordinance to forego the rooftop mechanical equipment screening requirements at 285
W Western Ave be approved with the painting of the screens to be white, was made by M. Hovey-
Wright, supported by J. Montgomery-Keast and unanimously approved with F. Peterson, B.
Larson, B. Mazade, J. Doyle, S. Gawron, M. Hovey-Wright, and J. Montgomery-Keast voting aye.
Hearing, Case 2018-02: Request to rezone the property at 1698 Sanford St from R-2, Medium-
Density Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential
district, by Step Up.
Hearing, Case 2018-03: Request to allow a non-profit organization that focuses on assisting
young adults that have recently aged out of the foster care system transition to independent living
in an RM-1, Low Density Multiple Family Residential district at 1698 Sanford St, contingent upon
the successful rezoning of the property, by Step Up. The applicant is requesting to utilize the home
as a non-profit agency that provides housing and mentoring to young adults that have aged out of
foster care. It would house up to six male participants along with a live-in mentor. Please see the
enclosed letter provided by Step Up. Last year this organization was approved for the woman’s
version of this program at 1319 Peck St, in an RM-1, Low Density Multiple Family district. This
request requires a rezoning to multi-family and a special use permit. The property is zoned R-2,
Medium Density Single Family Residential. The properties to the east, along Peck St, are zoned
RM-1, Low Density Multiple Family. The house measure 3,146 sf and has seven bedrooms and
three bathrooms. It was formerly used as a state-licensed adult foster care home. The adjacent
property to the north at 1690 Sanford was previously as well. The Rescue Mission’s Woman’s
Shelter is located behind this property to the east. All twelve properties on this block are
conforming as single-family homes. Eleven of the twelve homes on this block are single-family
owner-occupied, which depicts strong neighborhood characteristics, investment and involvement
among the community. Notice was sent to all property owners/tenants within 300 feet of this
property. Staff had received two calls that were against the request. Lawrence and Robyn Doctor,
the next-door neighbors, at 1706 Sanford St and Ray and Jackie Hilt at 1627 Jefferson St are all
opposed to the specific use and the intrusion of multi-family to the neighborhood. The Master Plan
calls for action to keep single-family owner-occupied neighborhoods intact. While the property is
adjacent to a multi-family district, which is often used as support of a rezoning, it is clear that this
area has been kept intact over the years as a singly family neighborhood and was able to avoid the
conversion to multi-family that was prevalent in many areas downtown in previous generations.
While Step Up provides great services and has shown to be an asset to the area at their Peck St.
location (no police reports since opening), the rezoning to multi-family would permanently
designate this home for multi-family use, regardless of the owner. Staff recommends denial of the
rezoning.
D. Kamps described what the program does as well as what the requirements are that the residents
must commit to. He described the home on Peck St. This location opened September 2016. They
purchased this location for woman. He discussed the upgrades that were performed to the structure
and how they have kept to the historic nature of the home by painting it. Since their upgrades to
this structure there have been upgrades to the two houses to the south of this home.
T. Michalski arrived at 4:18 p.m.
D. Kamps did make a correction that the proposed amount of people would be four men with one
house manager for 1698 Sanford if this were approved. M. Hovey-Wright asked if there had been
any incidents at the home for women. D. Kamps stated that there hadn’t been. M. Franzak
confirmed that he had checked to see if there were any police reports for the Peck St. location in
the past year and there hadn’t been any. J. Montgomery-Keast had asked why the applicant felt
this home would meet their needs and if they had considered other homes in other areas as well.
D. Kamps stated that this location was near other facilities, bus lines, and the City of Muskegon’s
central location and with the size and layout of the structure along with the price; met their needs.
T. Michalski admitted that this is a tough decision for him. The program is a valuable program.
The program is not catered for juveniles that are caught up in the system and need help. His
concerns are for maintaining the History of the Jefferson neighborhood and this type of use seemed
to be in the center of Muskegon. He suggested that there may be other areas/communities that
could support this use as there are the same amenities as well as the bus system located within
them. He is not opposed to the program as the program is a good program and there is a need for
this type of program.
L. Spataro, Nelson Neighborhood Improvement Association, stated that they have no issues with
the Step Up program and that the house on Peck St. was zoned for this type of use. He shared the
history of a Victorian mansion that had been located in this area and was deeded to senior citizens.
As the times changed; the structure ended up being demolished as it was no longer needed to house
the senior citizens. He went over the history of zoning and the changes that were made over the
years. This particular home is a single-family home and has concerns with the values of the other
homes in the surrounding areas if this were changed when it is compared with other single-family
homes. He suggested trying to find a way to allow this use in the current zoning as opposed to
changing the zoning. Should the zoning change and this use end up leaving this structure; anything
that would be allowed in the zoning district would be allowed. He suggested looking at allowing
a special use permit for this zoning district to allow the use as more stipulations may be placed and
should the use discontinue; it may be removed. He also suggested looking at a possible overlay
district. He would rather have the request tabled so other avenues may be reviewed. B. Larson
asked M. Franzak to explain the details for this request as opposed to leaving the zoning and having
this as a special use permit instead. M. Franzak stated that the criteria for a special use permit
would have to be met. When considering a special use permit for this type of use in a single-family
zoning district may not be the best for all the single-family zoning districts. By allowing a special
use permit for this type of use; it would then be allowed in all the single-family zoning districts
throughout the City and some areas may not be the best place for this type of use.
B. Krick stated he could see this structure from the east window of his home. He does understand
the necessity of the program, but he believes there is a better location than the location proposed.
Dr. R. Hilt also had some concerns with the location. He is fond of Mr. Kamps and the
organization. His biggest concern is the change of zoning because it becomes something that is
there forever. This could be detrimental to the neighborhood. This neighborhood has been having
many houses being rehabbed. He doesn’t feel this use would be good for this neighborhood and
not necessarily in the Nelson Neighborhood. F. Farmer added that he has lived in his homes on
Jefferson for 45 years and has seen the changes. He is concerned with the domino effect this may
have on the neighborhood and adjacent properties. He has concerns when larger homes end up
being broken up into multiple units. He would like the commission to vote against the rezoning.
Q. Tiffany has his home currently up for sale and his realtor did inform him that this type of use
could affect his property. He has had offers on his home from people wanting to put an office in
the home. He turned the offers down. He would like to see the commission vote against the
rezoning. L. & R. Doctor stated that they have lived in their home for 30 years and has seen the
slow changes. The lady’s rescue Mission is adjacent to their property and they listen to the foul
language that the women use while their children are outside playing at the Mission. They have
had some women from the Mission approach them for cash or to use their phone. In the past there
had been adult foster care at the location which was governed by the State, so the City couldn’t do
anything about it. He is thankful that this type of endeavor does fall under the City’s purview and
would like to see it voted down. B. Lowry described what a family is and how the Step Up’s
program helps create family for those that really don’t have it. He understands the issues that were
discussed when it came to the zoning. He was also pleased that no one had said anything bad about
the program itself. L. Spataro stated that they were not against helping children in need because
the need is real. The solution is not to change the zoning for this property because no one knows
what will happen in the future. He didn’t want to see any damage caused in this area of single-
family housing. He felt that there should be something that would be more creative than a rezoning.
A motion to close the public hearing was made by T. Michalski, supported by J. Montgomery-
Keast and unanimously approved.
T. Michalski would like to see this request for rezoning be tabled until March so staff may have
time to see if there is a more creative way for this use to be located here as opposed to having the
property rezoned due to what may happen to the property in the future.
A motion that the request to rezone the property at 1698 Sanford St from R-2, Medium-Density
Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential district, be
tabled until March so staff may look at a different way that this use may work within the zoning
without having to rezone the property such as an overlay district, was made by T. Michalski,
supported by M. Hovey-Wright and failed with T. Michalski and M. Hovey-Wright voting aye and
F. Peterson, B. Larson, B. Mazade, J. Doyle, S. Gawron, and J. Montgomery Keast voting nay.
Discussion continued with B. Mazade stating that a compromised solution would make sense and
that rezoning this property would have a lifetime effect and would allow for more principle uses
that could impact the neighborhood later. M. Hovey-Wright added that there is a need for this use
as the Webster House had closed years ago and she knows the good that programs like this can do
but there are other locations that would be better than the property on Sanford with public amenities
that are available.
A motion that the request to rezone the property at 1698 Sanford St from R-2, Medium-Density
Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential district, be
recommended to the City Commission for denial was made by B. Mazade, supported by F.
Peterson and unanimously approved with T. Michalski, F. Peterson, B. Larson, B. Mazade, J.
Doyle, S. Gawron, J. Montgomery-Keast, and M. Hovey Wright voting aye.
B. Mazade felt that the commission should take action on the special use permit because the City
Commission could decide to approve the rezoning request. Commission and staff discussed
whether or not the denial of the rezoning request for this property would be required to continue
to the City Commission for final approval or denial. It was unclear if the Zoning Enabling act
would require a denial recommendation of a rezoning request by the Planning Commission would
be required to go before the City Commission. Planning Commissioners and staff concurred that
the special use permit should still be considered. B. Mazade added that if the Special Use request
was denied; it would make the rezoning request moot.
Hearing, Case 2018-03: Request to allow a non-profit organization that focuses on assisting
young adults that have recently aged out of the foster care system transition to independent living
in an RM-1, Low Density Multiple Family Residential district at 1698 Sanford St, contingent upon
the successful rezoning of the property, by Step Up. This is for the discussion and motion. Staff
report is listed with the rezoning request above.
D. Manley, Realtor, felt that granting a special use permit under the current zoning for this property
wouldn’t affect any appraisals for this area. He brought up Terrace Point’s appraisals were coming
in lower than expected. He didn’t understand why the neighbors would have an issue with this use
as the program is a good program. He could understand the property not being rezoned; but there
should be allowances for uses such as this. He suggested allowing the use for a year to see how
this program works in this neighborhood. B. Larson had brought up that the special use permit
would be contingent upon the successful rezoning of the property. B. Mazade added that the City
Commission could approve the rezoning even if the Planning Commission recommended denial
of it and B. Larson concurred that a motion on the special use permit should be made.
A motion to close the public hearing was made by B. Mazade, supported by J. Doyle and
unanimously approved.
A motion that the request to allow a non-profit organization that focuses on assisting young adults
that have recently aged out of the foster care system transition to independent living in an RM-1,
Low Density Multiple Family Residential district at 1698 Sanford St, be denied was made by B.
Mazade, supported by S. Gawron and unanimously approved with T. Michalski, F. Peterson, B.
Larson, B. Mazade, J. Doyle, S. Gawron, J. Montgomery-Keast and M. Hovey-Wright voting aye.
Hearing, Case 2018-05: Staff-initiated request to amend Section 2330 of the zoning ordinance to
create a Medical Marijuana Facilities Overlay District. Staff has prepared the proposed
amendments to the zoning ordinance for the Medical Marihuana Facilities Licensing Act
(proposed as Section 2330 of the zoning ordinance). The proposed amendments only relate to the
zoning designations related to the Medical Marihuana Facilities Licensing Act (MMFLA)
Ordinance that will eventually be proposed to the City Commission for approval into the City Code
of Ordinances at a later date. Please note that the MMFLA Ordinance will have to be approved
before the zoning designations are approved. This review by the Planning Commission is intended
to provide the City Commission with a recommendation as to where these facilities should be
allowed, should the new MMFLA Ordinance be adopted by the City Commission as part of the
City Code of Ordinances. Please see the enclosed proposed MMFLA Ordinance that references
amending Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon. Please also
see enclosed the proposed amendment to the zoning ordinance: Section 2330 – Medical Marihuana
Facilities Overlay District.
1. Definitions for the types of MMFLA facilities are as follows:
Grower means an MMFLA licensee that is a commercial entity located in this state that
cultivates, dries, trims, cures or packages marihuana for sale to a Processor or
Provisioning Center.
Processor means an MMFLA licensee that is a commercial entity located in this state that
purchases marihuana from a Grower and that extracts resin from the marihuana or creates
a marihuana-infused product for sale and transfer in package form to a Provisioning
Center.
Provisioning Center means an MMFLA licensee that is a commercial entity located in
this state that purchases marihuana from a Grower or Processor and sells, supplies, or
provides marihuana to registered qualify patients, directly or through the patients’
registered primary caregivers. Provisioning Center includes any commercial property
where marihuana is sold at retail to registered qualifying patients or registered primary
caregivers. A noncommercial location used by a primary caregiver to assist a qualifying
patient connected to the caregiver through the department’s marihuana registration
process in accordance with the MMMA is not a Provisioning Center for purposes of the
MMFLA or this section.
Secure Transporter means an MMFLA licensee that is a commercial entity located in this
state that transports marihuana, with or without storage, between Marihuana Facilities for
a fee.
Safety Compliance Facility means an MMFLA licensee that is a commercial entity that
receives marihuana from a Marihuana Facility or registered primary caregiver, tests it for
contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test
results, and may return the marihuana to the Marihuana Facility.
Staff recommends approval of the ordinance amendment.
T. Michalski stated that there had been a lengthy conversation at a prior Commission meeting
regarding this and what the role of the Planning Commission was. His understanding was that the
City was going to determine whether or not they would have dispensaries and then determine
where they would go. Now the Planning Commissioners are looking at this in reverse and looking
at where they should go before determining if the City was going to allow for dispensaries or if
the State was going to even issue more licenses. He had concerns about possibly wasting their time
looking at this now. M. Franzak stated that the City Commission wasn’t comfortable with voting
on whether to allow it until it was determined where they would go. F. Peterson added that staff
had asked for more time to see what other cities were also doing. This was then going to be brought
back to the City Commission in March or early April. Staff felt this would be a necessary step to
bring this before the Planning Commission with a strong understanding of where this would be
acceptable to the City Commission. The City Commission didn’t want to approve it if there was a
chance it could be anywhere but wanted to see it in more of a defined district. This would need to
be approved at the Planning Commission, City Commission and then the State levels. By starting
with the Planning Commission; this will allow for a stronger understanding of a defined district.
M. Hovey-Wright stated that she tried looking for the areas and wasn’t sure of the locations based
on the map that was supplied in their packets. The places she looked had structures that looked
like they should be removed. She stated it made sense to consolidate the areas. B. Mazade asked
about the proposed District 2 having two locations that are not contiguous. M. Franzak confirmed
that there were two due to the residential neighborhood in the middle. J. Montgomery-Keast asked
if there were any churches in the proposed areas. M. Franzak stated that to his knowledge there
wasn’t but churches do come and go in different commercial sites.
A. Cirner stated that he was a Planning Commissioner in Palm Springs, CA and had worked on
this issue there. He had moved here almost a year ago and would like to offer his services to help
the City when it comes to this type of planning and ordinance language as he had been through it
already and he is familiar with mistakes that other municipalities have made and would like to help
make sure no mistakes are made. He does feel that this planning should be brought together at this
juncture. B. Larson stated that this is about the districts at this time. A. Cirner stated that churches,
schools, etc. should be researched before looking at locations. He would like to help out with work
sessions regarding this and to reach out to the other communities that have gone through this
already. E. Seifert is passionate about this. He described his personal experience regarding his wife
and himself and their need for this. His wife had passed away two years ago. Medical Marihuana
has helped his wife get off some of her medications. He to had obtained a Medical Marihuana
license for his health issues and it helped him better than any other medications that he had been
on. There are many buildings that are not feasible for this type of use; but other areas may need to
be looked at and it shouldn’t be restricted. He is also willing to help with this to ensure it is done
accurately. D. Foster stated that she had spoken on this about eight years ago. This is about the
patients and getting them comfortable and some of the locations aren’t feasible. The places need
to be easily accessible and making patients comfortable. She felt the districts could be in nicer
areas. She felt that the proposed areas aren’t aesthetically pleasing or inviting. It took her two and
a half months to find her facility and when she was looking; she looked at accessibility, what the
structure looked like and handicap accessibility. J. Slack stated that he is a young entrepreneur and
was born and raised in Muskegon. He stated that 50% of the taxes go back to the local municipality
for the schools, etc. He would like to get into this industry. G. Adams stated that the overlay
districts are a good start and is necessary. He wanted to locate his business here. He had sold one
of his facilities that he had in Lansing. There are a lot of people that would want to invest in this.
He would like to have a facility here and not just be a caregiver. He had brought up how he has
worked with Muskegon Heights for having properties zoned correctly and are hashing out the
language now. S. Orley had done research into cancer and Parkinson while in college. He would
like to bring his services to Muskegon as well. He owns an old building on E. Apple that is located
next to Dominoes. He has patients that he has to deliver to. He spoke with Ann Meisch regarding
the number of growers located in Muskegon and he doesn’t believe there have been any issues
with any of them. R. King is happy to see that the City is looking at having dispensaries in
Muskegon. This is medicine and she isn’t sure that segregating dispensaries in the industrial areas
is a good choice. Marihuana businesses are highly regulated, so this type of business isn’t
something that just anyone can get into and it is expensive to get started. She stated that Ann Arbor
has 18 dispensaries with four dispensaries in the prime downtown business district.
M. Hovey-Wright left at 5:40 p.m.
M. Franzak added that he received over 100 inquiries and given input and offered help with writing
the ordinance. He brought up how the City started out with caregivers who grow out of their homes
and there had been no issues. Now there are commercial and industrial areas where growers are
located. K. Johnson shared a spreadsheet from when medical marihuana was approved by the
voters in 2008 which was the highest voter turnout. Every precinct was in favor of this. He shared
other positive information regarding the need and how helpful it is medically. This is a continuing
positive when it comes to zoning and this is the next best step. He is also a caregiver. This is widely
supported. The State is saying that local municipalities can opt in and choose where it will go
within their municipalities. He did have concerns with the proposed locations. He felt the
ordinance could be crafted in a way that it could be in other areas. He has been to the different
neighborhood association meetings to discuss this and he has had feedback from
Beachwood/Bluffton to Marquette neighborhoods and they feel these shouldn’t be segregated in a
small area; but should be more spread out to accommodate more. The proposed area is on the bus
route so it is accessible to people where it is proposed. He feels they should be allowed to be near
pharmacies or other medical areas. There have been studies that show that deaths from opioids
have declined since the approval of medical marihuana. He believes that staff’s proposal is a good
start but would like to see it spread to other areas as well.
F. Peterson left at 5:50 p.m.
A motion to close the public hearing was made by B. Mazade, supported by J. Montgomery-Keast
and unanimously approved.
A motion that the request to amend Section 2330 of the zoning ordinance, to allow for a Medical
Marihuana Facilities Overlay District, be recommended to the City Commission for approval, was
made by T. Michalski, supported by S. Gawron and was approved with T. Michalski, B. Larson,
J. Doyle, S. Gawron voting aye and B. Mazade and J. Montgomery-Keast voting nay.
Hearing, Case 2018-04: Staff-initiated request to vacate Market St between Western Avenue and
Terrace St. The Farmers Market currently hosts many events that utilize a temporary liquor
license. The City has to apply for a temporary liquor license with the State of Michigan every time
an event is held. A permanent license is available, but it cannot be utilized across a public street.
Vacating the street would solve the problem and the liquor license could be used in the designated
area, which would include the building and the street and a small area across of the street near the
stage. Please see the map below that depicts the approximate area that the liquor license could be
used. The City would still maintain the street as a public street but vacating it would allow for
more flexibility for closure during special events. There are no plans to close the street other than
temporarily for events, as it currently happens. Staff sent notices to all property owners adjacent
to Market St and had not received any comments at the time of this writing. Staff recommends
approval of the street vacation.
A motion to close the public hearing was made by T. Michalski, supported by S. Gawron and
unanimously approved.
A motion that the request to vacate Market St, between Western Avenue and Terrace St, be
recommended to the City Commission for approval was made by J. Doyle, supported by S. Gawron
and unanimously approved, with T. Michalski, B. Larson, B. Mazade, J. Doyle, S. Gawron, and J.
Montgomery-Keast voting aye.
NEW BUSINESS
None
OLD BUSINESS
None.
OTHER
B. Mazade asked for an update on the cell tower issue. M. Franzak stated that the proposal is ready
for the March meeting.
B. Mazade asked for an update on the former Nims School building. M. Franzak stated that it
would be coming back as they would like to demolish the gym for additional parking. They will
also be adding an urban farm in the back, but it won’t need approval and they want to move the
pocket park to another location on the property and then the City can sell the property to them.
B. Mazade asked for an update on the planning process with Pure Muskegon. M. Franzak stated
that he would try to get the schematics, but he wasn’t sure if they wanted it made public yet. B.
Mazade was also interested in when they would be back before the planning commission.
J. Doyle asked for an update in regard to Melching and the storing of aggregate at their new
location. M. Franzak stated that Melching needs the Drain Commissioner’s approval first but he
hasn’t applied yet. Staff also put them in contact with another chemical company so there is a
chance that the buildings could be saved.
There being no further business, the meeting was adjourned at 6:00 p.m.
HM
COMMISSION MEETING DATE: May 22, 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 #: EN1800336 – 236 Mason Ave as known as “Bolt
Hardware”
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of
the Housing Board of Appeals that the structure located at 236 Mason 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 Mason Ave between 4th St and 5th St in the
Nelson Neighborhood. The property is owned by Mark Ruesgsegger, 5841 Loop Rd, Hesperia, MI
49421
Staff Correspondence: Building collapse occurred on February 15, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a nuisance.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $24,100
Estimated cost to repair: $70,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all
structures on the property
Owner Contact:
The owner was contacted the day of the building collapse and was informed he must board up and
secure the building. The owner secured the building the same day. The owner called on February 22,
2018 and stated he wanted to keep the building. The owner noted his wife has cancer and he is the
care giver. The owner said he simply does not have the time to make the repairs or doing any work at
the store. On February 27, 2018, the owner’s grandson called and stated he would be taking over his
grandfather’s affairs with the building. The grandson stated they would be demolishing the building
once the building was emptied of its contents. The grandson was informed he must submit a written
plan of abatement by March 2, 2018. The grandson was instructed to shore up the area of collapse
first and the shoring must be inspected prior to any removal of the contents. On March 14, 2018, the
Inspections department had not received a written plan of abatement or a request to inspect the
collapse shoring. The grandson was emailed and informed the City would be moving toward to an
immediate removal of the building if he did not provide his plan of abatement. On March 16, 2018 the
grandson called and said he hired a contractor to demolish the entire building and stated the collapse
area was shored up and we could inspect at any time. The grandson scheduled an inspection for
March 26, 2018 but did not appear. The grandson has he not contacted the inspection department
since. The case was referred to the Housing Board of Appeals. The owner appeared at the HBA
meeting to learn his grandson was not communicating with the Inspections dept. The owner said he
needs more time to empty the contents before the building is demolished.
Permits obtained: None
INSPECTION REPORT
Owner RUEGSEGGER MARK D
5841 E LOOP RD
HESPERIA, MI 49421
Enforcement # EN1800336
Property Address: 236 MASON AVE
Parcel # 24-205-387-0008-10
Date completed: February 15, 2018
DEFICENCIES:
1. Block wall at the rear of the building has collapsed
2. Flat roofing area has deteriorated and has is leaking. Roofing material and roof decking material must be
replaced.
3. Roofing shingles on pitched roof over the main store area is has deteriorated, covered with moss and
must be replaced
4. Soffits and fascia are rotted, missing, have peeling paint or holes in many areas around the structure
5. Wood siding is rotted, missing, has peeling paint in many areas.
6. Front store windows have been broken out and are boarded with interior grade materials
7. Stairways to upper floors are rotten, missing railings & spindles and have peeling paint.
8. Entry doors are rotted, have broken or missing window glass.
9. Attic vents covers are loose
10. Windows are broken, missing, have rotted sills and sashes and peeling or no paint
11. Front Store windows are broken, have rotted sills and boarded with interior grade materials with no
paint
12. Electrical service has been disconnected and now must be upgraded to a minimum of 100 amp service
with circuit breakers
13. Cement block wall has missing mortar, mortar joints not complete, cement blocks are cracked and
missing
14. Foundation walls for store area are cracked, missing mortar and have peeling paint.
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.
PHOTOS of 236 Mason Ave
COMMISSION MEETING DATE: May 22, 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 #: EN1800301 – 586 School 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 586 School 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 School St between Albert Ave
and Wesley Ave in the Marquette Neighborhood. The property is owned by James &
Theresa Tenbrink, 121 N. Merchant Ave, Fremont, MI 49412.
Staff Correspondence: Fire occurred on February 4, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.
Financial Impact: Fire Escrow Funds have been requested but not received
Budget action required: None
State Equalized value: $16,800
Estimated cost to repair: $35,900
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact:
Owner’s daughter, who was the occupant of the home, called and said they cost to
repair the home is too costly and would not be repairing the home and asked for a list of
demolition contractors. The owner or the owner’s daughter did not appear at the HBA
hearing. No further contact from the owner or owner’s daughter.
Permits obtained: None
FIRE INSPECTION REPORT
Owner TENBRINK JAMES R/THERESA
121 N MERCHANT AVE
FREMONT, MI 49412-1248
Enforcement # EN1800301
Property Address: 586 SCHOOL ST
Parcel # 24-611-000-0253-00
Date completed: March 3, 2018
NOTE: Home was damaged by fire on February 4, 2018. Master bedroom was the area
of origin and the cause of the fire was determined to be a heating source placed too
close to combustibles. The room of origin was received heavy fire & water damage and
the entire home received smoke and heat damage.
DEFICENCIES:
1. The room of origin must be gutted to studs and re-wired to code, new drywall and
new window(s)
2. Hard-wired smoke detection must be added throughout the home and must meet
current code
3. Replace all electrical devices and fixtures throughout
4. Replace electrical service to code
5. Were service wires enter the home must be moved to prevent contact with the
rain gutter
6. All rooms with smoke soot must be cleaned, soot removed, sealed and repainted
7. Floor coverings must be cleaned or replaced
8. Plumbing must be checked by a licensed plumbing contractor and certified safe
9. The furnace and water heater must be checked by a licensed mechanical
contractor and certified safe.
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 586 School St
COMMISSION MEETING DATE: May 22, 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 #: EN1800344 – 2207 Miner Ave
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 2207 Miner
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 Miner Ave between Leon St and
Leboeuf St in the Lakeside Neighborhood. The property is owned by Lambertus
Vanderstrom, 2207 Miner Ave, Muskegon, MI 49441. (Currently in temp housing)
Staff Correspondence: Fire occurred on February 18, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.
Financial Impact: Insurance Fire Escrow Funds of $12,508 has been received
Budget action required: None
State Equalized value: $32,800
Estimated cost to repair: $85,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact:
Owner called and said he agreed the home needs to be demolished. Owner said he is
waiting on the insurance company to pay the claim.
Owner did not attend the HBA hearing.
Permits obtained: None
FIRE INSPECTION REPORT
Owner VANDERSTROM LAMBERTUS
2207 MINER AVE
MUSKEGON, MI 49441
Enforcement # EN1800344
Property Address: 2207 MINER AVE
Parcel # 24-205-660-0003-00
Date completed: March 6, 2018 by Inspector Jay Paulson
DEFICENCIES:
Inspector’s note: Heavy fire damage to the entire home. Fire originated in
one of two bedrooms. Fire burned through the bedroom floor, west wall of
the home and roof.
1. The entire home must be gutted to the studs, bath and kitchen cabinet
removed, bath kitchen fixtures must be replaced
2. All fire structure members, including walling studs, roof rafters and
floor joists must be replaced.
3. Insulation must be replace or installed to code
4. New drywall or plaster must installed.
5. All floor coverings throughout the home must be replaced
6. All windows, doors, siding, fascia, soffits, roofing and roof decking
must be replaced (note: siding must match on the entire structure)
(windows must meet egress requirements)
7. All electrical wiring must be replaced to code
8. The electrical service panel must be replaced to code
9. Hardwired smoke detection must be installed to code
10. Plumbing must be replaced to code
11. Furnace must be certified safe or replaced
12. Water heater was not installed to code. Must be certified safe or
replaced
13. Smoke staining must be removed and sealed
14. Clean, seal and repaint all areas
15. Home must be all applicable current codes
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 2207 Miner Ave
Commission Meeting Date: May 22, 2018
Date: May 22, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to Rezone 731 Yuba St, 205 E Muskegon Ave, 287 E
Muskegon Ave and 225 Eastern Ave
SUMMARY OF REQUEST:
Request to rezone these properties from B-4, General Business to I-1, Light Industrial, by
Citiparc, LLC. The applicant is seeking the rezoning in order to develop a food processing
center.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommend approval of the rezonings.
COMMITTEE RECOMMENDATION:
The Planning Commission voted in favor (5-0), with 4 members absent, recommending
approval of the proposed zoning changes at their May 21, 2018 meeting. Michalski, Doyle,
Gawron, Montgomery-Keast, and Peterson voted in support, Mazade, Hood, Larson, and
Hovey-Wright were absent.
5/22/2018
STAFF REPORT
May 21, 2018
Hearing, Case 2018-15: Request to rezone the properties at 731 Yuba St, 205 E Muskegon Ave,
287 E Muskegon Ave and 225 Eastern Ave from B-4, General Business to I-1, Light Industrial
by Citiparc, LLC.
SUMMARY
1. The parcels included in this rezoning request were used as the former farmers market site.
2. 731 Yuba St is 2.45 acres, 205 E Muskegon Ave is 2.55 acres, 225 Eastern Ave is 1.59
acres and 287 E Muskegon Ave is 1.48 acres.
3. There are unimproved alleys running through each parcel. Also, the unimproved
easement for Rathborne St runs north/south through the properties and the unimproved
easement for Muskegon Ave runs east/west through the properties.
4. The applicant is requesting to rezone these parcels so they may develop a food processing
center.
5. Please see the enclosed zoning ordinance excerpt on I-1, Light Industrial districts.
6. Notice was mailed to every property owner and tenant within 300 feet. At the time of
this writing, staff had not received any comments from the public.
Subject Parcels Looking North from Walton Ave
5/22/18
Aerial Map
.
Zoning Map
5/22/18
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 731 Yuba St,
205 E Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business
to I-1, Light Industrial
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 731 Yuba St, 205
E Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business to I-1,
Light Industrial.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
5/22/18
CERTIFICATE (Rezoning of 731 Yuba St, 205 E Muskegon Ave, 287 E Muskegon Ave and 225 E
Muskegon Ave from B-4, General Business to I-1, Light Industrial)
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 22nd day of
May, 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.
5/22/18
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 22, 2018, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for for 731 Yuba St, 205 E
Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business to I-1,
Light Industrial.
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
5/22/18
10/09
I-1 Light Industrial
ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS
PREAMBLE
The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing, and
manufacturing facilities whose external, physical effects have a minimum detrimental effect on
the adjacent districts. It is the intent of this article to permit, in addition to specific uses
enumerated, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semi-finished products from previously prepared material. The uses
permitted are those which meet a higher standard of restrictions than those imposed in the I-2
Zoning District, and shall be of a type other than those which produce hazardous material as
defined in the Fire Code.
SECTION 1400: PRINCIPAL USES PERMITTED
All principal uses of land and buildings which are erected or structurally altered or occupied
shall be those specified in this article:
1. The manufacture, compounding, processing of food, and pharmaceuticals.
2. The manufacture, compounding, or assembly of products from previously prepared
materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.
3. Machine shops and metal finishing shops, including the incidental of casting of metal
products and alloying of furnace ready non-ferrous metals which are free of paint, oils or
other organic substances.
4. Crematories.
5. Retail uses which have an industrial character in terms of either their outdoor storage
requirements or activities such as: lumber yards or motor vehicle, boat, or implement
sales.
6. Storage yards.
7. Warehousing of materials not highly hazardous as defined in the Fire Code.
8. Veterinary clinics and outdoor kennels.
9. Lumber and planing mills.
10. Municipal buildings, public service buildings, auto equipment repair shops doing major
repair.
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11. Micro breweries, breweries, small wineries, wineries, small distilleries and distilleries.
[amended 3/12]
12. Accessory buildings and uses customarily incidental to the above Principal Uses
Permitted.
13. Uses similar to the above.
SECTION 1401: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to the applicable conditions imposed by Ordinance and other reasonable conditions
imposed by the Planning Commission:
1. Railway or truck freight terminals located more than two hundred (200) feet from any
residential district.
2. Freestanding commercial radio, television, and similar transmission towers greater than
175 feet and their attendant facilities.
3. Paint manufacturing.
4. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
5. Prisons and other similar correctional facilities.
6. Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
Recognizing that because of their nature some uses have objectionable operational
characteristics, especially when concentrated in small areas and recognizing that such
uses may have a harmful effect on adjacent areas, special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood. These special regulations are as follows:
a. No such uses may be permitted in the I-1 Districts within one thousand (1,000)
feet if any residential district measured from the lot line of the location of the
proposed use.
b. The Planning Commission may waive this location provision if the following
findings are made:
i. That the proposed use will not be contrary to the public interest or
injurious to nearby properties and that the spirit and intent of this
Ordinance will be observed.
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ii. That the character of the area shall be maintained.
iii. That all applicable regulations of this Ordinance will be observed.
iv. That no other adult bookstore, adult motion picture theater, or cabaret is
located within two thousand (2,000) feet of the proposed location.
c. Anything herein to the contrary notwithstanding, the Planning Commission shall
not consider the waiver of the locational requirements as hereinabove set forth
until a petition shall have been filed with the City Clerk and verified as to
sufficiency. Such petition shall indicate approval of the proposed regulated use
by fifty-one (51) percent or more of the persons owning property within a radius
of one thousand (1,000) feet of the location of the proposed use as measured from
the lot line. The petitioner, or his agent, shall attempt to contact all eligible
property owners within this radius and must maintain a list of all addresses at
which no contact was made.
d. The petition hereafter required shall contain an affidavit signed by the party
circulating such petition attesting to the fact that the petition was circulated by
him and that the circulator personally witnessed the signatures on the petition and
that the same were affixed to the petition by the person whose name appeared
thereon, and that the circulator truly believes that the signers of such petition are
persons owning property within one thousand (1,000) feet of the premises
mentioned in said petition. Such petition shall also comply with other rules and
regulations as may be promulgated by the City Commission.
7. Wind Turbine Facilities [amended 10/09].
8. Uses similar to the above Special Land Uses Permitted.
SECTION 1402: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-1 Light Industrial
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting uses
which would not be compatible or harmonious with other uses permitted in the I-1 District.
SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 21,780 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
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3. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street: 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
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recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
SECTION 1404: BUSINESS CONDUCT LIMITATION
1. All uses permitted under Section 1400 and 1401 shall be subject to all environmental
limitations imposed by this Section, other ordinances, statutes and governmental
regulations.
2. Casting of metal parts in shops other than foundries shall be limited so that not more than
twenty-five percent (25%) of the aggregate floor area may be used for the casting
process.
3. Crematories shall be located not less than two hundred (200) feet from a residential
district.
4. Storage yards shall be screened from any adjacent street or non-industrial district by an
obscuring fence. This shall not require that parking lots of motor vehicles, boats, or
implement sales be screened.
5. No property line of a lumber or planing mill shall be contiguous to the exterior boundary
of a Residential District.
6. Uses permitted in the I-1 District shall be those whose finished products are non-
hazardous as defined in the Fire Code.
7. Stamping machines, presses, and shears shall be dampened so as not to produce noises
and vibrations which conflict with the preamble of this Article.
8. Animals kept for slaughter shall be only that number which will be processed in one day.
s:\planning\common\zoning\ordinance\excerpts\i-1.doc 5
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