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CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 26, 2008 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: 8B PLEDGE OF ALLEGIANCE: Oo ROLL CALL: 8 HONORS AND AWARDS: Oo INTRODUCTIONS/PRESENTATION: oO CONSENT AGENDA: o A. Approval of Minutes. CITY CLERK B. Geographic Information Systems Basic Level of Service __Inter- Governmental Agreement between the City of Muskegon and County of Muskegon, PLANNING & ECONOMIC DEVELOPMENT C. Appointment of Representative and Alternate Representative to Muskegon Central Dispatch Board of Directors. CITY MANAGER D. Rezoning Request for Property Located at 1934 E, Sherman Boulevard. PLANNING & ECONOMIC DEVELOPMENT E. Rezoning Request for Properties Located at 639 and 623 W. Clay Avenue and 1236 Eighth Street. PLANNING & ECONOMIC DEVELOPMENT F. Amendment to the Zoning Ordinance - Height Limit in R-1, PLANNING & ECONOMIC DEVELOPMENT G. Downtown and Lakeshore Redevelopment Plan - Approval to Distribute to Neighboring Communities. PLANNING & ECONOMIC DEVELOPMENT H. Meter Reading Radio Equipment Purchase. PUBLIC WORKS 1. Adoption of the Michigan Small Harbors Coalition Resolution. PUBLIC WORKS J. Liquor License Transfer Request for Baker College of Muskegon, 336 W. Clay. CITY CLERK K. Request for Encroachment Agreement - Sidewalk Encroachment for 1965 Lakeshore Drive. ENGINEERING L. Easement to Consumer Energy on Walton between Jefferson and Terrace. ENGINEERING M. Consideration of Bids for Musketawa Trail Connector Corridor (Phase 1). ENGINEERING N. Agreement for School Resource Officer - Muskegon Public Schools. PUBLIC SAFETY PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER'S REPORT: UNFINISHED BUSINESS: A. Amendment _to the Zoning Ordinance for WM, Waterfront Marine Districts, Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT NEW BUSINESS: A. Special Assessment Relief for Vida Nova Property. PLANNING & ECONOMIC DEVELOPMENT B. Request to Revoke the Obsolete Property Rehabilitation Exemption Certificate at 790 Terrace. PLANNING & ECONOMIC DEVELOPMENT C. Designation of Voting Delegates for the Michigan Municipal League Annual Business Meeting. CITY CLERK D. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 254 Amity Avenue, Area Il 1259 Sanford Street, Area 10 1329 Fourth Street (Garage), Area 10 1573 Beidler Street, Area 12 ANY OTHER BUSINESS: a PUBLIC PARTICIPATION: o Reminder: individuals who would like to address the City Commission shall do the following: GOvvvyvvyvvyvy Fil out a request fo 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 fo 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: Q 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 BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: August 26, 2008 To: Honorabie Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes for the August 11" Commission Worksession, and the August 12" Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. Commission Meeting Date: August 26, 2008 Date: August 15, 2008 To: Honorable Mayor & City Commission From: Planning & Economic Development Department cbc. RE: Geographic Information Systems (GIS) Basic Level of Service Inter-Governmental Agreement between the City of Muskegon and County of Muskegon. SUMMARY OF REQUEST: To approve the Geographic Information Systems (GIS) Basic Level of Service Inter- Governmental Agreement between the City of Muskegon and County of Muskegon and authorize the first installment payment to be paid January 2009 (due to the fact the City’s and County’s budget years are different). The contract is a five year contract with the first year’s payment to be paid in the amount of $11,572.56. By entering into this agreement, it will provide the City with daily updated parcel and ownership information. It will also save the City money due to decreasing the duplication of public services. FINANCIAL IMPACT: To be paid out of the GIS Fund during the 2009 budget year. BUDGET ACTION REQUIRED: To ensure funds are included in the 2009 budget. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution and agreement. COMMITTEE RECOMMENDATION: None. n 2008-74 (b) ResolutioNo, MUSKEGON CITY COMMISSION RESOLUTION TO ENTER INTO AN AGREEMENT FOR THE GEOGRAPHIC INFORMATION SYSTEM (GIS) BASIC LEVEL OF SERVICE INTER-GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MUSKEGON AND THE COUNTY OF MUSKEGON. WHEREAS, the contract has a stipulation that it is a five (5) year contract, and, WHEREAS, after the five (5) years have ended, the City my decide to not continue or to pay the yearly fee and have that be considered as accepting the contract each year; WHEREAS, the yearly fees are based on parcels of land, current taxable value, population, and Customer Price Index (CPI); WHEREAS, the fees are budgeted each year in the GIS fund; WHEREAS, the City of Muskegon will be billed by the County on October 1" of each year with the City being allowed to pay the bill in January of the following year in order to follow the City’s budget year; NOW THEREFORE BE IT RESOLVED, that the City of Muskegon shall set up necessary procedures and controls to provide for the distribution of funds arising from the contract. Adopted this 26" day of August, 2008. Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None Absent: None <Sigphiehy!~ amington, Mayor . in Ws Rood SSIft Attest: ”Qn Ann Marie Becker, MMC Clerk 2008-74(b) CERTIFICATION Thereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on August 26, 2008. byNew ya thasSin‘Qu Vy ‘Ann Marie Becker, MMC Clerk Geographic Information System (GIS) Basic Level of Service Inter-Governmental Agreement Between The City of Muskegon And The COUNTY OF MUSKEGON, MICHIGAN Geographic Information System (GIS) Basic Level of Service Agreement Between the City of Muskegon and the County of Muskegon, Michigan This Agreement, entered into as of this 26th day of _August_, 2008, by Muskegon County, a political subdivision of the State of Michigan, with offices at at 990 Terrace Street, Muskegon, Michigan, 49442, acting by and through its Board of Commissioners, hereinafter called “County” and the City of Muskegon, hereinafter called “Municipality,” a political subdivision of the State of Michigan, with offices located at 933 Terrace Street, Post Office Box 536, Muskegon, Michigan, 49443. WHEREAS, Section 3(1)(d) of the State of Michigan's Enhanced Access to Public Records Act (MCL 15.443(1)(d); MSA 4.1803(3)(1)(d)) authorizes the County and Municipality to enter into an intergovernmental Agreement which permits each of the parties to the Agreement to have for their official use access to or output from the other’s geographical information system; and WHEREAS, the intergovernmental Agreements authorized by the State of Michigan's Enhanced Access to Public Records Act must contain certain provisions mandated by the Act; and WHEREAS, the County and the Municipality desire to enter into an intergovernmental Agreement as authorized by Section 3(1)(d) of the State of Michigan Enhanced Access to Public Records Act to exchange access to and/or output from the Muskegon County Geographic Information System, and to allow the County to charge a reasonable fee for providing this service; and WHEREAS, County and the Municipality desire to establish and maintain a legal relationship which will ensure adequate coordination with respect to development and on-going operation of a common GIS (Geographic Information System) base map: and WHEREAS, County and the Municipality desire to establish a common Muskegon County base map for use by Municipality as its base layer with geographic features tied to this base; and WHEREAS, County and the Municipality desire to define staff roles and responsibilities when coordinating programs that have shared benefits; and WHEREAS, County and the Municipality seek Agreement on how data sets are made available to both parties. GIS Basic Level of Service Contract — Version 12/19/2007 Page 2 NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED as follows: I. DEFINITIONS A. “Basemap” shall mean the Muskegon County GIS Primary Basemap, consisting of digital orthophotography, streets, geopolitical, and cadastral features, along with all associated data tables. See Appendix A for a detailed list of the feature classes (layers) of data that are part of the Basemap. B. “Core GIS Staff” refers to any and all GIS specific staff at the County. At the time of this contract, two (2) staff members are identified as Core GIS Staff, the Property Information Analyst and the Geographic Information Technician. C. “County” refers to Muskegon County, Michigan. D. “County GIS Layers” shall mean all works created by the County which are not derived from the County's Basemap. Examples include, but are not limited to, Environmental, Engineering, Public Health, Economic Development, Emergency Management, and additional layers. 1. “Unrestricted County GIS Layers” shall mean ail GIS layers that are not defined as “Restricted.” 2. “Restricted County GIS Layers” shall mean all GIS layers that are defined as needing to have restricted or authorized use due to their confidential and/or sensitive nature, or that are deemed to be protected due to emergency management and/or homeland security concerns. E. “Data” shall mean digital databases or data layers, which contain references to geographic locations. F. “Enhanced access” means a public record's immediate availability for public inspection, purchase, or copying by digital means. Enhanced access does not include the transfer of ownership of a public record. G. “Enhanced Access to Public Records Act” shall mean State of Michigan Public Act No. 462 of the Public Acts of 1996, as amended. [MCL 15.441 et seq; MSA 4.1803(1) et seq]. H. “GIS” shall mean the Geographic Information System. 1. “Geographical information system” means an informational unit or network capable of producing customized maps based on a digital representation of geographical data. J. “GIS Coordinator” shall mean the Geographic Information Analysts of the Muskegon County Equalization Department, or subsequent position, based on the reclassification of staff and/or reorganization of the GIS program into a separate or different department within the County structure. K. “Metadata” shall mean information that describes the characteristics of the data, which must be in accordance with the GIS Data Standards developed by the County’s Geographic Information System. L. “Municipality” shall mean the City, Township, or Village participating in this Agreement. M. “Municipality GIS Layers” shall mean all GIS layers or feature sets that are created exclusively by the Municipality outside of the provisions of this agreement. N. “Operating expenses” includes, but is not limited to, a public body's direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser. O. “Person” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232 GIS Basic Level of Service Contract — Version 12/19/2007 Page 3 P, “Public body” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232. Q. “Public record” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232. R. “Reasonable fee” means a charge calculated to enable a public body to recover over time only those operating expenses directly related to the public body's provision of enhanced access. S. “Software” means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate,perform, or achieve a particular function, task, or result. T. “Third Party” shall mean a person or entity other than a party to this Agreement. IL, TERMS OF AGREEMENT A. This Agreement shall be effective from the date approved and executed by both parties and will remain in effect until termination by either party. This Agreement may be terminated in accordance with Section 11, “Termination of Agreement.” B. The initial period of this Agreement shall be from October 1, 2008 to September 30, 2013. Following this initial five-year period, the Agreement period will be from October 1 of a given year to September 30 of the following year. III. FEE SCHEDULE A. The fee schedule will be updated October 1* of each year by the County GIS Coordinator based on the formula established and set forth in Appendix A. This formula utilizes the factors of Geographic Area, Parcel Count, Current Taxable Value, and Population. The fee schedule will also be adjusted annually by the Consumers Price Index (CPI) by applying the adjustment percentage to the total fee generated by all parties involved. The CPI utilized will be the same formula as calculated for the purposes of Assessment Administration Taxable Value Increase formulas. B. Annually, following the update of the fee schedule, the GIS Coordinator will provide an updated fee schedule to all municipalities and produce invoices for the annual Agreement. The Municipality shall remit the annual fee in a single payment within 90 days of receipt of the invoice. C. For the period October 1, 2008 to September 2009, the fee charged to said Municipality for services provided by the County under this Agreement shall be $11,572.56. IV. OWNERSHIP OF GIS DATA A. This Agreement does not constitute a transfer of title or interest in the layers and/or features contained within the GIS. Any portion of this data that is modified or merged into another computer file or program by the Municipality, or is integrated with other programs and/or data to form derivative products, shall continue to be subject to the provisions of this Agreement. The County shall retain ownership of the basemap, County GIS Layers, and all such portions. B. The County reserves the right to incorporate all Municipalities GIS layers into the County’s GIS Database. The Municipality will retain ownership of any such incorporated data and the rights to control any redistribution or use of the data. GIS Basic Level of Service Contract — Version 12/19/2007 Page 4 V. DELIVERABLES AND SERVICES RENDERED A. Exchange of Data 1, The County agrees to provide access to the Basemap and unrestricted County GIS Layers in electronic media format and/or via an internet/intra-net application that may be developed for the dissemination of Muskegon County GIS data and services. 2. The Municipality agrees to provide access to any/all of its available GIS layers and/or data in electronic media format 3. Each party in this Agreement will provide corrections and updates to the other party for the data which it maintains. B. Basic Level of Service Elements 1. The County agrees to provide access to the following: a) Unrestricted GIS Layers and Databases on GIS Warehouse b) Development and implementation of web based mapping systems with appropriate links to/from existing County and Municipality web sites c) Mass purchasing opportunities for GIS Software and/or Data as situations present d) Technical support for GIS matters available through Core GIS Staff up to a maximum of 40 hours annually e) Establishment of a Muskegon GIS Users Group and associated user group meetings held at least quarterly. 2. The Municipality agrees to provide access to and copies of any/all information, including but not limited to maps, studies, reports, and information, needed for the development and/or maintenance of any feature classes (layers) being maintained or developed by the County as part of the GIS development. C. GIS Feature Classes (Layers) 1. The following Feature Classes (Layers) will be developed and maintained by the County as part of this Agreement. Layers being developed shall utilize data provided by the Municipality, and all maintenance will rely on the transmission of corrections and updates from the Municipality to the County. Layers noted as Maintenance shall begin on the effective date of this Agreement, and layers noted as “to be developed” will be developed within the first two (2) years of this Agreement, unless otherwise noted, provided data is available from the Municipality to support the development. a) Parcel Boundaries (and associated basemap layers) (maintenance) b) Zoning (maintenance/to be developed) c) DDA/TIFA and/or other Tax Districts (maintenance/to be developed) d) Digital Ortho Photography (to be acquired at least every 5 years beginning with 2008 acquisition) e) Elevation Models (to be updated with Digital Ortho Photography updates) f) LIDAR based Contour Mapping (to be developed) g) Hydrology (to be developed) h) Street Centerlines with Addressing Ranges (to be developed) i) Census Boundaries (to be developed in conjunction with 2010 census update) j) Voting and Commission/Council District Mapping (to be developed) GIS Basic Level of Service Contract ~ Version 12/19/2007 Page 5 k) Land Use and Future Land Use (to be developed) D. Printed Mapping Product Deliverables 1. Parcel Tax Mapping a) The County will provide a complete, updated set of parcel tax maps to the Municipality during the first year of the Agreement. b) Annually in April of each year, following the establishment of the assessment rolls, the County will provide to the Municipality updated map pages for any pages that have changed during the course of the year. c) Additional sets of the parcel tax maps can be obtained for an additional cost to be agreed upon outside of this Agreement. 2. Zoning Maps a) The County will provide an updated Zoning Map annually and/or at the time of any major revisions to the Municipality Zoning Ordinance. At the request of the City, the Zoning Map Layer will be configured such that City of Muskegon Staff will be able to edit and maintain the zoning map layer. 3. Land Use/Future Land Use Maps a) The County will provide an updated Land Use and/or Future Land Use Map annually and/or at the time of any revisions to the Municipality Zoning Ordinance. VI. ACCESS TO ADDITIONAL PARCEL ATTRIBUTE DATASETS A. The County will provide basic ownership and tax parcel layer data containing a unique parcel identification number (PIN) for each parcel. If the Municipality requires additional parcel attribute data, such as detailed property ownership or tax information, the County will provide access to these data sets under the terms of this Agreement. VIL, DISTRIBUTION OF GIS BASEMAP AND/OR COUNTY GIS DATA A. The Basemap, or any other County GIS Layers, are to be solely retained by the Municipality. In no instance is this Data to be placed on the Internet or Intra-net, sold, leased, copied, loaned, or transferred, in whole or part to other public agencies, private individuals, private firms, or non-profit entities without the expressed prior written consent of the County, via the GIS Coordinator. B. Following a request for Data under the Enhanced Access to Public Records Act, the Municipality shall refer the matter to the County, via the GIS Coordinator. C. Any release to third parties as authorized by this Agreement of the Basemap or County GIS Layers, in whole or in part shall be accompanied by a written notice of the County’s ownership thereof and that they shall not be included in or subject to any patents or copyrights which the third party may obtain on products it produces there from. GIS Basic Level of Service Contract — Version 12/19/2007 Page 6 D. Any release of the Basemap or County GIS Layers, in whole or in part, to third parties performing services and/or working on projects for the Municipality (e.g., Engineers, Consultants, Contractors, etc.) shall be restricted to the performance of such services or work on such Project and may not be used for any other purpose or project. The Municipality, as a condition of releasing the Basemap or any County GIS Layers, shall require the third party in either the contract for the services or project or in a separate Nondisclosure Agreement agree to restrict its use of such materials to the services to be performed on the project and not use it for any other purpose or pass it on to any other party without requiring similar restrictions. A draft of this Nondisclosure Agreement is set forth in Appendix B of this Agreement. E. Except as provided in MCL 15.443(1), (2), (3), the “ Enhanced access to Public Records Act”, this agreement does not limit the inspection and copying of a public record pursuant the Freedom of Information Act, MCL 15.231 to 15.246. This agreement does not apply to Public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or where the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute. VII. MODIFICATIONS AND/OR MAINTENANCE TO THE GIS A. The Municipality agrees to report all proposed changes, modifications, or corrections to the Basemap and/or any other GIS layer maintained by the County. All proposed changes should be reported within 90 days of determining the necessity of a change, and any necessary documentation regarding the change shal! also be provided by the Municipality. B. The County agrees to review all proposed changes, modifications, or corrections and will process the requests within 90 days of receiving the report of necessity of a change. Upon the completion of the modification, any documentation supplied in support of the modification shall be returned to the originator of the request. IX. ADHERENCE TO STANDARDS A. The County and Municipality agree to conform to any/all County GIS Data Standards as may be created or amended from time to time. B. The County and Municipality agree to produce and maintain metadata for all GIS layers that are incorporated into the County GIS. This metadata shall be produced in accordance with Metadata Standards to be developed and/or maintained by the County. X. TERMINATION OF AGREEMENT A. This Agreement may be terminated, in whole or in part, in writing by the County provided all of the following criteria are met: 1. Notification in writing must be given not less than ninety (90) calendar days prior to the intended termination date. 2. Opportunity for consultation between the County and Municipality must be provided. 3. Not less than five (5) years (defined as 60 months) have passed since the Agreement was put in place. B. This Agreement may be terminated, in whole or in part, in writing by the Municipality provided alt of the following criteria are met: 1. Notification in writing must be given not less than ninety (90) calendar days prior to the intended termination date. 2. Notification must be delivered via certified mail, postage prepaid, and return receipt requested. 3. Opportunity for consultation between the County and Municipality must be provided. GIS Basic Level of Service Contract — Version 12/19/2007 Page 7 4, Not less than five (5) years (defined as 60 months) have passed since the Agreement was put in place. C. Upon termination, the Municipality must cease use of the County Basemap and all other County GIS Layers. D. Upon termination, the County must cease use of the Municipality GIS Layers. XI, NOTICES AND NOTIFICATIONS A. All notices pertaining to any and all parts of this agreement shail be delivered to the following addresses: i. If sent to the County by the Municipality Muskegon County GIS Coordinator 173 E. Apple Ave. Muskegon, MI 49442 2. If sent to the Municipality by the County City of Muskegon Bryon Mazade, City Manager 933 Terrace St. P.O. Box 536 Muskegon, MI 49443 XI, ASSIGNMENT A. This Agreement may not be assigned, transferred, or in any way disposed of by either party without first having obtained written approval of the other party. XIII. GOVERNING LAW A. This Agreement, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan, with the understanding that terms and phrases used in this Agreement will be given their common and ordinary meaning and not construed against either party. XIV. LIABILITY A. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the Municipality will be the sole responsibility of the Municipality and not the responsibility of the County. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the County will be the sole responsibility of the County and not the responsibility of the Municipality. Nothing herein will be construed as a waiver of any governmental immunity, as provided by statute or modified by court decisions, by either the County, its agencies, elected or appointed officers, employees or the Municipality, and its agencies, officers, and employees. B. Neither the County, nor its officers or employees, makes any warranty, expressed or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, functioning, completeness, or usefulness of the County Basemap or other County GIS Layers. GIS Basic Level of Service Contract — Version 12/19/2007 Page 8 XV, NON-DISCRIMINATION A. The County and Municipality agree that each shall comply with all Federal and State of Michigan laws, rules, and regulations governing fair employment practices and equal employment opportunity. The County and the Municipality further agree that each will require any contractor performing services under this Agreement to agree to the provisions of this Section. B. Breach of this section shall be a material breach of this Agreement. RELATIONSHIP OF PARTIES A. The relationship of the Municipality to the County is and will continue to be that of an independent contractor. No liability or benefits, such as workers’ disability compensation, pension rights, or insurance rights, arising out of, or related to a contract for hire or employer/employee relationship accrues to either party or either party’s agent, subcontractor or employee as a result of this Agreement. No relationship, other than that of independent contractor will be implied between the parties, or either party’s agent, employee, or subcontractor. Regarding liability for benefits as described in this paragraph, the County agrees to hold the Municipality harmless from any claims and any related costs or expense; and the Municipality agrees to hold the County harmiess from any claims and any related costs or expense. XVII. AMENDMENTS A. No amendment to this Agreement is effective unless it references this Agreement, is written, signed, and acknowledged by duly authorized representatives of both parties. XVIII. SEVERABILITY OF PROVISIONS A. If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State of Michigan or Federal statute or regulation or ruling by any tribunal of competent jurisdiction, that clause or provision shall be null and void, and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement. Where the deletion of the invalid or unenforceable clause or provision would result in the illegality and/or unenforceability of this Agreement, this Agreement shall be considered to have terminated as of the date in which the clause or provision was rendered invalid or unenforceable. XIX. MERGER CLAUSE A. This document, including the Appendices, contains the entire Agreement between the parties, and all prior negotiations and Agreements are merged in this document. Neither party has made any representations except those expressly set forth in this Agreement. NONEXCLUSIVE AGREEMENT A. The County or the Municipality may contract with other parties providing the same or similar exchange of materials and services so long as each party’s obligations to one another contained in this Agreement will not be affected in any manner. GIS Basic Level of Service Contract — Version 12/19/2007 Page 9 XXI, AUTHORIZATION AND CAPABILITY A. The County warrants to the Municipality and the Municipality warrants to the County that it has taken all actions necessary for the authorization, execution, delivery, and performance of this Agreement, and that each is ready to perform its obligations. The County further warrants that the person signing this Agreement is authorized to do so on behalf of the County and is empowered to bind the County to this Agreement. The Municipality further warrants that the person signing this Agreement is authorized to do so on behalf of the Municipality and is empowered to bind the Municipality to this Agreement. B. This Agreement is effective only upon review and approval by the Muskegon County Board of Commissioners. C. This Agreement is effective only upon review and approval by the Municipality’s Governing Body. XXII, SIGNATURES MUNICIPALITY: MUSKEGON COUNTY: Cs } < —— . —. 7 By: _< a : By: _ Rtevelwarmington James Derezinski Its: City Mayor Its: Chairman of the Board By: Sonn Mn A . adn By: Karen D. Buie Ann M. Becker Its: City Clerk Its: County Clerk APPROVED AS TO FORM BY MUSKEGON COUNTY CORPORATE COUNSEL THEODORE WILLIAMS By: Theodore Williams GIS Basic Level of Service Contract — Version 12/19/2007 Page 10 apn)4xe7drCyisumofSO'°bETL86209£I1t’zBg%W5Z Wwo4INDBGexyOEA+qungvoRd07) *je1,louy ¥XIGNad¥ 6S[JB21s(‘0I9A8UNoqWpeu7aOiTY/3yg4Dz€d) SO°‘9T£6eL*8dztsIny'Eob5c€uC0m?, bTed APPENDIX B SAMPLE NONDISCLOSURE AGREEMENT To protect certain confidential information that may be disclosed to the RECIPIENT, the RECIPIENT agrees as follows: This Agreement is entered into effective /__f between the County of Muskegon, with offices at 990 Terrace Street, Muskegon, Michigan 49442 (“County”) and , with offices at 1 , , CRecipient’). I. DEFINITIONS A. "Confidential Information" means the following: 1. For purposes of this Agreement, the Confidential Information disclosed hereunder is identified in Attachment 1. Confidential Information in written or tangible form shall be labeled confidential or proprietary prior to disclosure. Confidential Information in oral or intangible form shall be designated as confidential or proprietary at the time of disclosure and/or designated as confidential or proprietary by notifying the Recipient in writing within thirty (30) days of said disclosure. II. RESTRICTIONS A. Recipient agrees not to disclose, provide, or otherwise make available any Confidential Information provided by the County to any other person or entity, except as expressly provided in this Nondisclosure Agreement. Recipient agrees to restrict disclosure of Confidential Information to those employees of Recipient who are made aware of, and agree to abide by, the terms of this Nondisclosure Agreement, and even then only on an as-needed basis. B. Recipient agrees to take all reasonable steps, at least as great as the steps Recipient takes with respect to its own confidential or proprietary information, to protect the Confidential Information provided by the County from unauthorized disclosure or use. C. County GIS Layers are to be solely retained by the Recipient. In no instance are these Data to be placed on the Internet, soid, leased, copied, loaned, or transferred, in whole or part to other public agencies, private individuals, private firms, or non-profit entities. D. Recipient agrees that it shall use Confidential Information only in the manner and for the purposes described in the Attachments. Any other use or disclosure of the Confidential Information shall constitute a material breach of this Nondisclosure Agreement. E. Recipient shall immediately notify the County in writing of any misuse, misappropriation, or unauthorized disclosure of Confidential Information that may come to its attention. F. Notwithstanding anything contained in the Attachments, Recipient agrees that it shall not use any Confidential Information provided by the County for its own personal or commercial benefit or for the personal or commercial benefit of any other person or entity. GIS Basic Level of Service Contract — Version 12/19/2007 Page 12 III, NO RIGHTS CONFERRED A. Recipient acknowledges that nothing contained in this Agreement shall be construed as granting or conferring any rights by license or otherwise in any Information disclosed by the County. IV.NO WARRANTY A. None of the Confidential Information that may be disclosed by the County shall constitute any representation, warranty, assurance, guarantee, or inducement by the County of any kind. The County shall not be liable for the accuracy of the disclosed information. Vv. REMEDIES A. Recipient acknowledges that its obligations to protect the Confidential Information are essential to the business interests of the County and that the disclosure of such Confidential Information in breach or threatened breach of this Agreement would cause the County immediate, substantial, and irreparable harm, the value of which would be extremely difficult to determine. Accordingly, Recipient agrees that, in addition to any other remedies that may be available in law, equity, or otherwise for the disclosure or use of Confidential Information in breach of this Agreement, the County shall be entitled to seek and obtain a temporary restraining order, injunctive relief, or other equitable relief against the continuance of such breach, in addition to all other remedies, and without the requirement of posting a bond or undertaking or proving injury as a condition for relief. : VI. POINTS OF CONTACT A. The designated points of contact for controlling the authorized release of the Confidential Information are B. For Muskegon County: Thomas Van Bruggen Property Information Analyst Muskegon County Equalization Mapping & GIS 173 E. Apple Ave. Muskegon, MI 49442 Telephone: (231) 724-6810 Fax: (231) 724-1129 E-mail: yanoruggerthe C. For Recipient: Name: Company: Address: Telephone: Fax: E-mail: GIS Basic Level of Service Contract — Version 12/19/2007 Page 13 VIL. RETURN OF MATERIALS A. Upon the County's written request, Recipient agrees to promptly return to the County any materials or documents, whether or not furnished by the County, containing Confidential Information together with all copies thereof made by Recipient, or to destroy such items and deliver to the County written certification that they have been destroyed. VITI. TERM; TERMINATION A. This Agreement shall be effective as of the date first written above and shall continue until terminated by either party upon thirty (30) days prior written notice. All obligations undertaken respecting Confidential Information already provided hereunder shail survive any termination of this Agreement. The Recipient shall, within twenty (20) days of a written request by the County, return all Confidential Information, including all copies thereof, to the County or, if so directed by the County, destroy al! such Confidential Information. The Recipient shall also, within ten (10) days of a written request by the County, certify in writing that it has satisfied its obligations under Articles 2 and 8 of this Agreement. IX. GOVERNING LAW A. The laws of the state of Michigan shall govern the interpretation of this Agreement as it relates to the specific disclosed Confidential Information. X. ACCEPTED AND AGREED Muskegon County: Recipient: Thomas Van Bruggen Name: Property Information Analyst Title: Date: Date: GIS Basic Level of Service Contract — Version 12/19/2007 Page 14 AGENDA ITEM NO. CITY COMMISSION MEETING TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: August 14, 2008 RE: Appointment of Representative and Alternate Representative to Muskegon Central Dispatch Board of Directors SUMMARY OF REQUEST: To appoint the City Manager as representative for the City of Muskegon to serve as a director on the Muskegon Central Dispatch Board of Directors and to appoint the Director of Public Safety as an alternate representative. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request and authorize city clerk to provide a signed, written consent resolution to the Muskegon Central Dispatch Board of Directors. COMMITTEE RECOMMENDATION: pb\AGENDA — CNTRL DSPTCH BD APPTMNT 081408 RESOLUTION _2008-74(c) RESOLUTION TO APPOINT THE CITY MANAGER AS REPRESENTATIVE FOR THE CITY OF MUSKEGON TO SERVE AS A DIRECTOR ON THE MUSKEGON CENTRAL DISPATCH 911 BOARD OF DIRECTORS AND TO APPOINT THE DIRECTOR OF PUBLIC SAFETY AS AN ALTERNATE REPRESENTATIVE, AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN AND ATTEST SAID RESOLUTION Movedby__ Commissioner Carter and supported by Commissioner _Gawron that the following Resolution be adopted: WHEREAS, Muskegon Central Dispatch 911, formerly known as “Central Operators for Police Services” or “COPS,” provides emergency dispatch services within Muskegon County, and WHEREAS, the City of Muskegon is a Member of Muskegon Central Dispatch 911, having a full-time, paid, law enforcement department; and, WHEREAS, each Member will appoint a representative and an alternate representative to serve as a director on the Muskegon Central Dispatch 911 Board of Directors, by a formal majority vote of the governing body of the Member RESOLVED, the City Manager is hereby appointed as representative for the City of Muskegon to serve as a director on the Muskegon Central Dispatch 911 Board of Directors, the Director of Public Safety is hereby appointed as an alternate representative, and the Mayor and Clerk are authorized to sign and attest this Resolution. Adopted this 26" day of August, 2008. a eaeMayor BY Ss ATTEST NG wero Qe Ann Marie Becker, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on August 26, 2008. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Yon in Dany ca Relax Ann Marie Becker, City Clerk Commission Meeting Date: August 26, 2008 Date: August 15, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development Oe RE: Rezoning request for property located at 1934 E. Sherman Boulevard SUMMARY OF REQUEST: Request to: rezone the front portion of the property located at 1934 E. Sherman Boulevard, from I-2, General industrial District to B-4, General Business District. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 8/14 meeting. The vote was unanimous, with S. Warmington absent. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2247 An ordinance to amend the zoning mapof the City to provide for a zone change for a certain property from I-2 “General Industrial” district to B-4 “General Business” district. 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 of the following described property from 1-2 “General Industrial” district to B-4 “General Business” district: That part of the Southeast % of the Southwest % of Section 34, Town 10 North, Range 16 West, City of Muskegon, County of Muskegon, State of Michigan described as: Commencing at the South % corner of said Section; thence along the North and South % line North 01 degrees East 350.00 feet to the North line of Sherman Boulevard, thence along said North line South 89 degrees 57 minutes West 416.00 feet for the point of beginning; thence continuing along said North line South 89 degrees 57 minutes 00 seconds West 121.88 feet; thence continuing along said North line Westerly 103.22 feet along the arc of a 2694.42 foot radius curve to the left of the chord of which bears South 88 degrees 51 minutes 00 seconds West 103.20 feet; thence North 01 degrees 09 minutes 00 seconds East 331.98 feet; thence North 89 degrees 57 minutes 00 seconds East 225.04 feet to the West line of Sundolphin Drive thence along said West line South 01 degrees 09 minutes 00 seconds West 330.00 feet to the point of beginning, subject to easement and restrictions apparent and of record This ordinance adopted: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nayes: None Adoption Date: August 26, 2008 Effective Date: September 13, 2008 First Reading: August 26, 2008 Second Reading: N/A CITY OF MUSKEGON By: ENR ay Our aa hur \ Ann Marie Becker, MMC City Clerk CERTIFICATE (Rezoning of 1934 E, Sherman from 1-2 to B-4) 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 26" day of August, 2008, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: August 26, 2008. yagi OU SS Ann Marie Becker, 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 August 26, 2008, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning of the following property from I-2 “General Industrial” district to B-4 “General Business” district: That part of the Southeast 4 of the Southwest “% of Section 34, Town 10 North, Range 16 West, City of Muskegon, County of Muskegon, State of Michigan described as: Commencing at the South % corner of said Section; thence along the North and South '4 line North 01 degrees East 350.00 feet to the North line of Sherman Boulevard; thence along said North line South 89 degrees 57 minutes West 416.00 feet for the point of beginning; thence continuing along said North line South 89 degrees 57 minutes 00 seconds West 121.88 feet; thence continuing along said North line Westerly 103.22 feet along the arc of a 2694.42 foot radius curve to the left of the chord of which bears South 88 degrees 51 minutes 00 seconds West 103.20 feet; thence North 01 degrees 09 minutes 00 seconds East 331.98 feet; thence North 89 degrees 57 minutes 00 seconds East 225.04 feet to the West line of Sundolphin Drive thence along said West line South 01 degrees 09 minutes 00 seconds West 330.00 feet to the point of beginning, subject to easement and restrictions apparent and of record 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: September 3, 2008 CITY OF MUSKEGON By Ann Marie Becker, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING August 14, 2008 Hearing; Case 2008-17: Request to rezone the front portion of the property located at 1934 E. Sherman Boulevard from I-2, General Industrial District to B-4, General Business District, by Ross E. Pope, Redstone Commercial. Applicant: Ross Pope, Redstone Commercial Property Address/Location: 1934 E. Sherman Boulevard Request: Rezone from J-2, General Industrial to B-4, General Business Present Land Use: Vacant Industrial Building Zoning: B-4, General Business STAFF OBSERVATIONS 1. The original parcel was over 2 acres in size, but has recently been split and contains 1.71 acres and a large industrial building that previously housed DynaTorque. 2. The applicant is requesting a rezoning from an 1-2, General Industrial zone to B-4 General Business zone. 3. The applicant plans to rehab the building as a commercial space that will allow Goodwill to expand into the front portion of the building from across Sundolphin Drive. The rear of the building will be used for storage. 4. The property to the north will remain zoned I-2, General Industrial, The property to the east, south and west is zoned B-4, General Business. 5. The entire parcel was proposed for a rezoning to B-4 in April 2001 and was denied by the Planning Commission. The applicant withdrew the request before it was heard by the City Commission. At that time DynaTorque was still operating in the building as an industrial use and the owners wanted to rezone it for a possible sale in the future, although they had no plans to move at that time. Rezoning at that point would have made DynaTorque a nonconforming use. 6. The Future Land Use Map shows this area as “Industrial”, and the property is part of Port City Industrial Park. The Master Plan is over ten years old and many changes have taken place along this corridor since its adoption. This area along Sherman has turned mostly commercial over the years. 7. The property has been split with the remaining 1.04 acres remaining industrial. Since the April 2001 denial of the rezoning, other properties fronting on Sherman have been rezoned to B-4, such as 1974 E. Sherman, which was also split with the rear portion remaining industrial. 8. Staff has had no comments regarding this request. Front of the building as seen from Sherman. Side of the building from across Sundolphin. City of Muskegon Planning Commission Case # 2008-17 ¥& Selected Praparty [] Properties win 300 1 B4 = General Business £2 General Industrial STAFF RECOMMENDATION Staff recommends approval of the request to rezone the subject property from I-2, General Industrial district to B-4, General Business district, because the request conforms to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning district intent. DELIBERATION Criteria-based questions typically asked during a rezoning include: 1. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent that might result from the approval or denial of the petition? 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved? 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property? 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City? 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. 7. Is the proposed zoning change a “Spot Zone”? a. Is the parcel small in size relative to its surroundings? b. Would the zoning change allow uses that are inconsistent with those allowed in the vicinity? c. Would the zoning change confer a benefit to the property owner that is not generally available to other properties in the area? d. A spot zone is appropriate if it complies with the Master Plan. DETERMINATION The following motion is offered for consideration: I move that the request to rezone the front portion of the property located at 1934 E. Sherman Boulevard from I-2, General Industrial district to B-4, General Business district, as described in the public notice, be recommended for (appreval/denial) to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the City Master Land Use and zoning district intent. Commission Meeting Date: August 26, 2008 Date: August 15, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development (8¢_ RE: Rezoning request for properties located at 639 & 623 W. Clay Avenue and 1236 Eighth Street SUMMARY OF REQUEST: Request to rezone the properties located at 639 & 623 W. Clay Avenue and 1236 Eighth Street, from |-1, Light Industrial District to B-3, Central Business District. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 7/10 meeting. The vote was unanimous, with S. Warmington absent. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2248 An ordinance to amend the zoning map of the City to provide for a zone change for a certain properties from I-1 “Light Industrial” district to B-3 “Central Business” district. 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 of the following described property from I-1 “Light Industrial” district to B-3 “Central Business” district: CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5 & 6 BLK 322 And CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3 & 4 BLK 322 And CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 7 & 8 BLK 322 This ordinance adopted: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nayes: None Adoption Date: August 26, 2008 Effective Date: September 13, 2008 First Reading: August 26, 2008 Second Reading: N/A CITY OF MUSKEGON { \ By: \Aniw \ Saco tls ~\ of “Ann Marie Becker, MMC City Clerk CERTIFICATE (Rezoning of 639 & 623 W. Clay and 1236 Eighth from I-1 to B-3) 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 26" day of August, 2008, 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 inthat full compliance with Act No. 267, Public Acts of Michigan of 1976, as amende d, and minutes were kept and will be or have been made = required thereby. - , we “QUARK by ne ( wy ‘ N DATED: August 26, 2008. Ann Marie Becker, 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 August 26, 2008, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning of the following property from I-1 “Light Industrial” district to B-3 “Central Business” district: CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5 & 6 BLK 322 And CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3 & 4 BLK 322 And CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 7 & 8 BLK 322 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: September 3, 2008 CITY OF MUSKEGON By Ann Marie Becker, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING August 14, 2008 Hearing; Case 2008-18: Staff initiated request to rezone the properties located at 623 & 639 W. Clay Avenue, and 1236 Eighth Street from I-1, Light Industrial District to B-3, Central Business District. Applicant: Planning Staff Property Address/Location: 623 & 639 W. Clay Avenue and 1236 Eighth Street Request: Rezone from I-1, Light Industrial to B-3, Central Business Present Land Use: Clay Avenue properties, vacant; 1236 Eighth property, commercial, B-4 use Zoning: 1-1, Light Industrial STAFF OBSERVATIONS 1, This is a staff initiated request due to the changing nature of our downtown area away from industrial uses to a more commercial/residential mixed use area. 2. In 2007 a large portion of the downtown area was rezoned from H, Heritage to either B-3, Central Business, or R, One Family Residential. 3. Since the intent has long been to move the industrial uses in the downtown area away from the lakeshore and into industrial parks, it seems to make sense to rezone properties in the downtown to a commercial zone to encourage more central business uses. It also makes sense to buffer the neighboring residential uses and adjacent neighborhoods from the remaining industrial uses until such time that we can also downzone the remaining industrial properties. 4, Presently the building at 623 Clay Avenue is vacant and 639 is a vacant lot, but both could be viable for commercial uses when sold. They are located directly across from the Artworks residential development. The property on Eighth Street abuts residents on both the northeast and southeast, and the current use (auto repair) is also allowed in B-4 zoning and should be encouraged to relocate to that zone. 5. The properties are zoned I-1, Light Industrial, as are the properties to the southwest. Property to the northeast and north (of 1236 8" Street) are zoned R-1, One Family Residential, and to the northwest and northeast (of 639 W. Ciay) are zoned B-3, Central Business. 6. Staff has received no comments regarding this case. Former Lee’s Printing Building, Clay & 8" St. Vacant lot at 639 W. Clay, ext to Lee’s. Mills Automotive, 1236 Eighth Street. City of Muskegon Planning Commission Case # 2008-18 * Selected Property [-_] Properties win 300 ft. RA = Single Family Resicentiat 83 = Central Business: WM = Waterton! Mating [4 = Light Industrial 1-2 = Generel Industrial STAFF RECOMMENDATION Staff recommends approval of the request to rezone the subject properties from I-1, Light Industrial district to B-3, Central Business, because the request conforms to the goals and recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning district intent. DELIBERATION Criteria-based questions typically asked during a rezoning include: 1. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent that might result from the approval or denial of the petition? 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved? 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property? 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City? 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. 7. Is the proposed zoning change a “Spot Zone’? a. Is the parcel small in size relative to its surroundings? b. Would the zoning change allow uses that are inconsistent with those allowed in the vicinity? c. Would the zoning change confer a benefit to the property owner that is not generally available to other properties in the area? d. A spot zone is appropriate if it complies with the Master Plan. DETERMINATION The following motion is offered for consideration: I move that the request to rezone the properties located at 623 & 639 W. Clay Avenue and 1236 Eighth Street from I-1, Light Industrial district to B-3, Central Business district, as described in the public notice, be recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the City Master Land Use and zoning district intent. AUG-26-2008 32:36 PM WEST MICHIGAN DOCK 231 YT26 6636 P.@.L RECEIVED AUG 2% 2agg City Clerks Office Scott A. Musselman 320 Mid Oak N. Muskegon, MI 49445 August 26, 2008 City Clerk City of Muskegon 933 Terrace Muskegon, MI 49440 Via Fax to (231) 724-4178 RE: Zoning change to 1236 Eighth Street I am writing as the manager of J Crew Company Partnership which holds the land contract on the above referenced property and thereby bas a fee interest in such property. It has come to my attention that the City of Muskegon is considering changing the zoning on such property from its current industrial designation. Please be advised that we object to such a zoning change. Though this property is currently used by Mills Automotive it is unlikely this arrangement will continue. Tenants involved in activities falling in the light industrial classification appear best suited for this site. Sincerely, A Mum Scott Musselman, Manager C. Commi'ss'en Maney er Plana ar Commission Meeting Date: August 26, 2008 Date: August 15, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development CAC RE: Amendment to the Zoning Ordinance — Height Limit in R-1 SUMMARY OF REQUEST: Request to amend Section 404, #6 (Area and Bulk Requirements) of Article [V (R, One Family Residential Districts) to allow structures up to 3 stories or 45 feet in height in established Historic Districts. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to allow structures up to 3 stories or 45 feet in height in established Historic Districts in the R, One Family Residential zoning district. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 7/10 meeting. The vote was unanimous with S. Warmington absent. 8/15/2008 1 Staff Report (EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING August 14, 2008 Hearing; Case 2008-19: Staff initiated request to amend Section 404, #6 (Area and Bulk Requirements) of Article IV, R, One Family Residential Districts, to allow 3-story homes in established historic districts. BACKGROUND As you will recall, in 2007 the Planning Commission recommended and City Commission approved the zone changes for the downtown area that was previously zoned “H, Heritage”. The area was rezoned to either B-3, Central Business or R, One Family Residential. There has been one unintended consequence to the rezoning of the Clay- Western Historic District which merits a minor change to the ordinance. Under the H zoning, the height limitation was 6 stories. This height was mainly intended for commercial buildings, however it did allow the 3 story homes such as the Emery House, Hackley House, and other 3 story homes in that area. The present R-1 zoning only allow structures up to 2 stories, or 35 feet. There have been several homes moved from other areas of the City into the downtown Clay- Western Historic District, the most recent being on Muskegon Avenue. There is continued interest in moving homes into that district, particularly onto the lot previously occupied by Victor Sieradzki’s house. Other historic districts also tend to be the home for these large 3-story homes, such as Jefferson Street, Terrace Street, etc. In order to allow some of these homes to be preserved or moved, staff believes that a minor modification to the R-1 zoning district height requirement that would allow home of up to 3 stories, or 45 feet is in the best interest of the City. NEW LANGUAGE Deletions are eressed_out and additions are in bold: (Amendment to Article [V, R, One Family Residential Districts, Section 404, #6: Area and Bulk Requirements.) 6. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to be compatible with other homes within 600 feet. DELIBERATION I move that the amendment to Section 404, #6, of Article IV, Area and Bulk Requirements, of the City of Muskegon Zoning Ordinance to add amend the height requirements in an R, One Family Residential zoning district, be recommended to the City Commission for (approval/denial). CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2246 An ordinance to amend Section 404, #6 (Area and Bulk Requirements) of Article 'V (R, One Family Residential Districts), to allow homes in established Historic Districts to be up to 3 stories or 45 feet in height. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Deletions are eressed-out and additions are in bold: 6. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to be compatible with other homes within 600 feet. This ordinance adopted: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nayes: None Adoption Date: August 26, 2008 Effective Date: September 13, 2008 First Reading: August 26, 2008 Second Reading: N/A CITY OF MUSKEGON py XaAnnar even QedCitywheClerk Marie Becker, MMC, 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 26" day of August, 2008, 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. J further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby, \ DATED: August 26, 2008. iw PACS aN an : \ Ae Ann Marie Becker, 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 August 26, 2008, the City Commission of the City of Muskegon adopted an ordinance to amend Section 404, #6 (Area and Bulk Requirements) of Article IV (R, One Family Residential Districts) adding language to allow an additional homes up to 3 stories or 45 feet in established Historic Districts in the R, One Family Residential District. 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: September 3, 2008. CITY OF MUSKEGON By Ann Marie Becker, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Commission Meeting Date: August 26, 2008 Date: August 18, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Downtown and Lakeshore Redevelopment Plan — Approval to Distribute to Neighboring Communities SUMMARY OF REQUEST: Planning Staff and our consultants at Williams & Works and O’Boyle Cowell Blalock & Associates have completed the Downtown and Lakeshore Redevelopment Plan. The Michigan Planning Enabling Act requires that once the Plan is completed, the Planning Commission forward it on to the City Commission. The City Commission then approves it for distribution to neighboring cities and townships, Muskegon County, etc., for the 63 days review period. No resolution is required with this request. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends that the distribution of the Downtown and Lakeshore Redevelopment Plan to neighboring entities be approved for the 63 day review and comment period COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 8/14 meeting. The vote was unanimous with S. Warmington absent. Two changes were suggested by Planning Commission. They are included in the attached memo, Memorandum To: Honorable Mayor and City Commissioners From: Lonna Anguilm, Zoning Administrator Date: 8/18/2008 Re: Distribution of Downtown and Lakeshore Redevelopment Plan Planning Staff and our consultants at Williams & Works and O’ Boyle Cowell Blalock & Associates have completed the Downtown and Lakeshore Redevelopment Plan. The Michigan Planning Enabling Act requires that once the Plan is completed, the Planning Commission forward it on to the City Commission. The City Commission then approves it for distribution to entities required by the Act, such as neighboring cities and townships, Muskegon County, etc. Those entities have 63 days to review and comment on the plan. Once that 63-day period expires, the plan comes back to the Planning Commission for a public hearing, and back to the City Commission for final adoption. The Planning Commission approved the Plan at its August 14, 2008 meeting with two suggested changes. Commissioner Spataro noted that Map 4, Urban Planning Areas, is meant to define the special character of unique districts in the downtown area, Those areas are shown as Lakeshore, Downtown Lakeshore, Core and Historic. Graphic 3 supports Map 4 and illustrates certain furniture to correspond with each of the 4 districts. However, only three districts are listed in Graphic 3: Downtown, Historic and Lakeshore. Commissioner Spataro suggested that this be made clearer. Commissioner Spataro further commented that he did not believe the downtown area should be fragmented into two or three character districts in an effort to achieve a more cohesive design theme. He suggested possibly using 9" Street as a “dividing line” instead of 4" Street. Planning Staff recommends that the Plan be approved by the City Commission for distribution as required by the Planning Enabling Act. The changes noted above can be considered once all comments are received and the plan is brought back to Planning Commission and City Commission for final approval. Date: 08/19/08 To: Honorable Mayor and City Commission From: Department of Public Works RE: Meter Reading Radio Equipment Purchase SUMMARY OF REQUEST: Approval to purchase 700 MXU Radio Transceiver units. Currently the City manually reads residential meters and is in the process of retrofitting outside meter (meter pit) installations to radio read. The above purchase will begin the process of retro fitting inside meter installations to radio read technology. FINANCIAL IMPACT: Total Cost $ 77,000.00 BUDGET ACTION REQUIRED: None: The 2008 Water Maintenance Budget Includes Funding for this purchase. STAFF RECOMMENDATION: To approve purchase from ETNA SUPPLY. Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Department of Public Works RE: Adoption of the Michigan Small Harbors Coalition Resolution. SUMMARY OF REQUEST: To approve the attached resolutionin support of the MSHC (Michigan Small Harbors Coalition), and to appoint the Director of Public. Works, or his designee, toFepresent the City of Muskegon with matters concerning the MSCH. : FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approve the attached resolution and authorize the mayor & clerk to: sign the resolution. COMMITTEE RECOMMENDATION: “City of Muskego : , Department of Public Works, To: Bob Kuhn, Director of Public Works From: Kevin Santos, Harbor Master CC: — Kelly DeFrench, Superintendent of Public Works Date: August 18, 2008 Re: Understanding and Support of the Michigan Small Harbors Coalition Resolution The Michigan Small Harbors Coalition (MSHC) Is an alliance focusing on increasing funding for the care and maintenance, e.g. dredging, of all Michigan’s federally authorized navigable waterways and public navigation infrastructures. “Smail Harbors” refers to any port in Michigan that needs federal dollars to maintain navigable waterways, such as Muskegon Lake. The MSHC believes the federal competitive allocation process, or earmarks, by which funding is appropriated to harbors and ports of refuge, is flawed and has resulted in misappropriation of existing funds. Although Muskegon received a proportional share of funding in the past to sustain our dredging needs, the process by which those funds are distributed is unpredictable and unstable. The goal of MSHC is not to reallocate funds from one harbor to another, but to affect the process in a positive and proportionate way; thereby allowing socioeconomic and public safety needs to influence the distribution of funds, rather than political considerations. In doing so, all Michigan harbors could achieve fair and sustainable means by which to promote safety, economic viability and quality of life. By adoption of this resolution and appointment of a delegate, the City of Muskegon would be supporting a regional collaboration between the MSHC and a number of harbor advocacy groups, with the goal of securing available funds for all of Michigan’s federally authorized navigable waterways. This resolution has been adopted by more than 20 harbor communities, including the commercial ports of Charlevoix, Roger City, and Alpena, and is supported by the Michigan Boating Industries Association, the U.S. Corps of Engineers, Michigan Sea Grant, the Great Lakes Commission, and Senators Carl Levin and Debbie Stabenow. August 15, 2008 To: Muskegon City Commission: Thank you for your consideration of the Michigan Small Harbors Coalition (MSHC) and of signing the Resolution of Support for the Coalition. The Vision, Mission, and Resolution of Support for the MSHC are contained in our website www.miseagrant.umich.edu/harbors. These documents defining the Coalition were debated and unanimously approved by over sixty attendees at our meeting in April.of this year. The website also contains briefings on the three meetings that have formulated the MSHC's progress to date. The MSHC is a group representing harbors from around the State (and potentially Great Lakes wide} where the issues of dredging and navigation infrastructure maintenance are of particular concern. Boat groundings, life endangerment, damage to local economies, light loading by commercial carriers, massive backlog of projects, and dramatic deterioration of our navigation infrastructure have all resulted from a lack of sufficient funds needed fo meet the Federal Government's responsibility to mainiain the harbors. Further, much of the funding is through “earmarks”, a process that speaks of “corruption”, “pork”, and “waste” to anyone other than our harbors. Even our harbors categorized as “commercial” by the USACE and supposedly funded by the Federal Harbor Maintenance Trust Fund have to rely on “earmarks" due to overall inadequate funding—this despite the present balance in the Trust Fund of $4.1 billion and growing each year. As James Weakley, President of the Lake Carrier Association, says, “It is time to put the ‘trust! back in the ‘Harbor Maintenance Trust Fund" and to at least provide funding to harbors equal to the taxes collected each year from the value of goods shipped (last year the fund collected $1.4 billion in taxes and paid-out just over $700 million to maintain the Nation's Federally authorized harbors.) The Coalition's mission and goals are to work with the Administration, Congress, USACE, and State entities fo change the present inadequate and broken funding process of “earmarks” and to establish an equitable, sustainable, needs based annual appropriations process. Such a process should maintain boater and carrier access and safety in our collective harbors. The Coalition's efforts to work with representatives of Congress, the USACE and others are being met with support, encouragement, and general agreement, that the “budget process Is broken” and needs change. To effect this change, our over 50 small harbors (commercial and shallow draft) need to stand united in pursuit of a fair and adequate harbor maintenance funding process. The Coalition, with the technical support of Sea Grant, Great Lakes Commission, and the Michigan Boating Industries Association, has presently received signed Resolutions of Support from 21 harbor communities and advocate organizations, Further, another 19 harbor communities {for a total of 40) have indicated they will submit their Resolutions of Support before the next MSHC meeting on September 30 in Bay City. The MSHC appreciates your consideration in joining the other Michigan harbors in signing the Resolution of Support and in appointing a delegate to represent your interest as the Coalition moves forward with its Mission. If1 can help in any way with your decision to support the Coalition, please feel free to contact me (cmay08@charter.net or (231) 889-5607. Further, if in doubt about the appropriateness _ of Muskegon joining the Coalition, | encourage you to falk to your contacts in the USACE or Congressional Offices. | look forward to your Resolution of Support and to working with your represeniative/delegate at the meeting on September 30, 2008. Sincerely, Chuck May, Chair Pro Tem Michigan Small Harbors Coalition City of Muskegon 2008-74(i) Resolution Supporting the Michigan Small Harbors Coalition Whereas, there are more than 50 federally authorized small Great Lakes harbors in Michigan, more than all the other Great Lakes states combined; and Whereas, the federal government is responsible for maintaining boater access to. these harbors through adequate dredging and maintenance of navigation infrastructure (hereinafter referred to as maintenance); and Whereas, smal! harbors perform other valuable functions such as ports of refuge during inclement weather, ports for U.S. Coast Guard rescue stations, ports for law enforcement, ports for commercial fleets, ports for Great Lakes research vessels, and ferry terminals; and Whereas, many of the 50 federally authorized small harbors in Michigan require regular maintenance because of natural sedimentation, low water levels, storm events, and littoral drift, among other factors; and Whereas, longstanding federal policy prevents the U.S. Army Corps of Engineers from allocating funds for the maintenance of smail harbors in its operation and maintenance budget for the Great Lakes, thus forcing these harbors to seek Congressional assistance or ‘earmarks” to secure funds for maintenance; and Whereas, this inefficient, inequitable system has resulted in maintenance backlogs that have hindered, or in some cases totally blocked. access to Michigan small harbors, causing significant economic loss and increased risk to human health and safety; and Whereas, small harbors in Michigan have not, to date, had an organization through which to unite and speak with one voice to address concerns about maintenance and other shared interests to federal and state agencies; Therefore be it resolved that the City of Muskegon supports and commits to being a.member of the Michigan Small Harbors Coalition; and Be it further resolved that the City of Muskegon urges the Michigan Small Harbors Coalition to advocate for a more equitable, sustainable, needs-based system to allocate funds for adequate maintenance of smail Great Lakes harbors in Michigan. 2008-74(1i) Adopted this__26 th day of__ August , 2008. prea yO) re eds Ann Marie Becker, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on August 26,2008. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976, CITY OF MUSKEGON uritron sie. (rn Ann Marie Becker, City Clerk Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Liquor License Transfer Request Baker College of Muskegon 336 W. Clay SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Baker College of Muskegon to transfer ownership of the 2008 Class C Licensed Business with Entertainment Permit, located in escrow at 40 E. Norton, Muskegon Heights from L & S Grille, Inc., and transfer location to 336 W. Clay and request a new Dance Permit and new Outdoor Service — 1 Area. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. RECEIVED JENNIFER M. GRANHOLM SEP 24 2008 wtDAR.SAMONA GOVERNOR CHAIRPERSON MUSKEG,ON - DEPARTMENT OF LABOR & SCONOMIT CREAN AGER S OFFICE LIQUOR CONTROL COMMI KEITH W. COOLEY, DIRECTOR DATE: September 19, 2008 REQ# 471842 Muskegon City Commission 933 Terrace Street PO Box 536 Muskegon MI 49443-0536 Local Governing Body: This is with reference to BAKER COLLEGE OF MUSKEGON’s request to transfer ownership of 2008 Class C licensed business, located in escrow at 40 E. Norton, Muskegon Heights MI 49444, Muskegon County from L & S Grille, Inc.; transfer location (governmental unit) (MCL 436.1531(1) to 336 W. Clay, Muskegon MI 49442, Muskegon County; request new Dance Permit. Please be advised that we have received local resolution. However, the resolution is not acceptable as it contains an incorrect zip code. Please note that the We request that you complete and sign the enclosed resolution and return it to this office as soon as possible. Mail your response to: MICHIGAN LIQUOR CONTROL COMMISSION LICENSING DIVISION P.O. BOX 30005 LANSING, MICHIGAN 48909-7505 If you have any questions, please call the Licensing Division, On Premise Section at (517) 636-4634. \jt Enclosure Michigan Liquor Contro! Commission 7150 Harris Drive » P.O. Box 30005 « Lansing, Michigan 48909-7505 www.michigan.govi/lec » (517) 322-1345 Lansing Office MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) FORMLCC USE ONLY Michigan Department of Labor & Economic Growth FOR MLCG USE ONL 7150 Harris Drive, P.O. Box 30005 D# Lansing, Michigan 48909-7505 Request ID # 471842_ Business ID # 209718 LOCAL APPROVAL NOTICE [Authorized by MCL 436.1801] September 19, 2008 TO: Muskegon City Commission 933 Terrace Street PO Box 536 Muskegon MI 49443-0536 APPLICANT: BAKER COLLEGE OF MUSKEGON Home Address and Telephone No. or Contact Address and Telephone No.: Contact: Colin M. Linsenman, Simen, Figura & Parker, PLC, Gateway Financial Centre, Suite 200, 5206 Gateway Centre, Flint Ml 48507 (810) 235-9000 The MLCC cannot consider the approval of an application for a new or transfer of an on-premises license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501 of the Liquor Controi Code of 1998. For your information, local legislative body approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor Control Code of 1998. For your convenience a resolution form is enclosed that includes a description of the licensing application requiring consideration of the local legislative body. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the MLCC as soon as possible. If you have any questions, please contact the On-Premises Section of the Licensing Division as (517) 364-4634. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS Request ID # 471842 RESOLUTION 2008-74(j) . . Ata Regular meeting ofthe City Commission (Regular or Special) (Township Board, City or Village Council) called to order by_Mayor Warmington on August 26, 2008at_ 5:30 P.M. The following resolution was offered: Moved by Commissioner Carter and supported by Vice Mayor Gawron That the request to transfer ownership of 2008 Class C licensed business located in escrow at 40 E. Norton, Muskegon Heights Ml 49444, Muskegon County from L & S Grille, Inc. to BAKER COLLEGE OF MUSKEGON; request to transfer location (governmental unit) (MCL 436.1531(1) to 336 W. Clay, Muskegon MI 49442, Muskegon County; request new Dance Permit. be considered for Approval (Approval or Disapproval) APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: ) Nays: Absent: 0 Absent: It is the consensus of this legislative body that the application be: Recommended for issuance (Recommended or Not Recommended) State of Michigan ) County of Muskegon ) | hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission ata Regular (Township Board, City or Village Council) (Regular or Special) meeting held on August 26, 2008 (Date) (Signed) Yu Ais. Qi [o= (Township, City or Village Clerk) SEAL Ann Marie Becker, MMC, City Clerk 933 Terrace, Muskegon, MI 49440 (Mailing address of Township, City or Village) TC-1305 (Rev. 08/2006) 7: The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, Authority: MCL 436.1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory with Disabilities Act, you may make your needs known to this agency. Penalty: No License Request ID# 471842 STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION RESOLUTION 2008-74(4) Ata_ Regular meeting of the City Commission (Regular or Special) (Township Board, City or Village Council) called to order by Mayor Warmington on August 26, 2008 at 5:30 P.M. The following resolution was offered: by Commissioner Carter Moved by Vice Mayor Gawron and supported That the request from Baker College of Muskegon to transfer ownership of 2008 Class C Licensed Business with Entertainment Permit, located in escrow at 40 E. Norton, Muskegon Heights,.MI 49444, Muskegon County, from L & S Grille, Inc.; Transfer Location (Governmental Unit) (MCL 436.1531(1) to 336 W. Clay, Muskegon, MI 49440, Muskegon County; and request a New Dance Permit, and request New Outdoor Service- 1 Area be considered for Approval {Approval or Disapproval) APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: 9 Nays: Absent: ¢) Absent: It is the consensus of this legislative body that the application be: Recommended for issuance {Recommended ar not Recommended) State of Michigan ) § County of Muskegon ) I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission ata Regular (Township Board, City or Village Council) (Regular or Special) meeting held on August 26, 2008. (Date) (Township, City of Village Clerk) Ann Marie Becker, MMC, City Clerk 933 Terrace, Muskegon, MI 49440 (Mailing address of Fownship, City of Village) Muskegon Police Department Anthony L. Kleibecker Director of Public Safety 980 Jefferson www.muskegonpolice.com Phone: 231-724-6750 Muskegon, Michigan FAX: 231-722-5140 49443-0536 August 4, 2008 To: City Commission through the City Manager From: OV~ Ce. 1 QQ, O. ~ Anthdny L. Kleibecker, Director of Public Safety Re: Liquor License Request — 336 W. Clay Transfer of 2008 Class C Licensed Business The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for a liquor license transfer investigation from applicant Baker College of 1903 Marquette, Muskegon, MI. Baker College of Muskegon is requesting to transfer ownership of 2008 Class C licensed business with Entertainment Permit, located in escrow at 40 E. Norton, Muskegon Heights, Mi. from L&S Grille, Inc. to 336 W. Clay and requests a new Dance Permit and new Outdoor Service — 1 Area. A check of Muskegon Police Department records showed no reason to deny this request. ALK/kd YU EYE Michigan Department of Labor & Economic Growth 9 23 “Oo x MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 yun Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1201(4)] May 30, 2008 MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, MI 49443-0536 Request ID #: 471842 Applicant: BO AbAR D BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP ckbbeeeder OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40 E. NORTON, MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO seeGahieiinGnesaR®, VUSKEGON, MI 49442, MUSKEGON COUNTY; AND REQUESTS A NEW DANCE PERMIT. 33@ LO CLAY ANDO REQUEST NEL OUTDOACGA SERUCE 71 ARCA, CONTACT: (SIMEN, FIGURA & PARKER, PLC), ATTENTION ATTORNEY COLIN M. LINSENMAN, GATEWAY EINANCIAL CENTRE, SUITE 200, 5206 GATEWAY CENTRE, FLINT, MI 48507 (810)235-9000 Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor Control Commission. If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at (517) 322-1400. sfs LG-1972(Rev. 09/05) The Department of Labor & Economic Growih will not discriminate against any individual or group because of race, sex, religion, age, Authority: MCL 436. 1201(4) national origin, color, marital status, disability, or political beliefs. with reading, writing, hearing, ete., under the Americans if you need help Completion: Mandatory wilh Disabilities Act, you may make your needs known to this agency. Penalty: No License RE D To: Tony Kleibecker, Director of Public Safety AUG 9 r 2008 From: Det. Kurt Dykman MUS CHIEF of POLICE Date: 8-4-08 Re: Liquor License Transfer Chief Kleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant Baker College of Muskegon. Baker College of Muskegon is requesting to transfer ownership of 2008 Class C licensed business with Entertainment Permit, located in escrow at 40 E. Norton, Muskegon Heights, Mi. from L&S Grille, Inc. to 336 W. Clay and requests a new Dance Permit and new Outdoor Service ~ 1 Area. A check of MPD records showed no reason to deny this request. Respectfully submitted, Det. KurtDykman YD G42 Michigan Department of Labor & Economic Growth 7°23 -0% MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) rity 7150 Harris Drive, P.O. Box 30005 ” Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1201(4)] May 30, 2008 MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, MI 49443-0536 Request ID #: 471842 Applicant: Bote ReREEeOF BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40 E. NORTON, MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO se@@-eeRRQeEEM IVIUSKEGON, MI 49442, MUSKEGON COUNTY; AND REQUESTS A NEW DANCE PERMIT. * 336 U3, CLAY ANS ReQuesT NeLO OUTRDe SC2ZVUICE ~i ARTA, CONTACT: (SIMEN, FIGURA & PARKER, PLC), ATTENTION ATTORNEY COLIN M. LINSENMAN, GATEWAY FINANCIAL CENTRE, SUITE 200, 5206 GATEWAY CENTRE, FLINT, MI 48507 (810)235-9000 Please make an investigation of the application. lf you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor Control Commission. If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at (517) 322-1400. sfs £C-1972(Rev. 09/05) The Department of Labor & Economic Growth will not discriminale against any individual or group because of race, sex, religion, age, Authority: MCL 436.4201(4) national origin, cofor, marital status, disability, or political beliefs, If you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory wilh Disabililies Act, you may make your needs known to this agency. Penalty: No License. FOR MLCC USE ONLY Michigan Department of Labor & Economic Growth MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) FOR MLEC USE ONLY 7150 Harris Drive, P.O. Box 30005 Request ID # 471842 Lansing, Michigan 48909-7505 POLICE INVESTIGATION REPORT Bupiiees Ie 2vS Tie MAC] [Authorized by MCL 436.1217 and R 436.1105; 7-33-08 TA Please conduct your investigation as soon as possible, complete all four sections of this report and return the completed report and fingerprint cards to the MLCC | LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST: GabRb-kabaGhse@s@m BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40 E. NORTON, MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO #0@@ziveii@ueligniahie IVIUSKEGON, MI 49442, MUSKEGON COUNTY; AND REQUESTS A NEW DANCE PERMIT. 236 LO, CLAY AND New CUuTBoot® Séevicé-1 AREA, | Section 1. APPLICANT INFORMATION ] APPLICANT #1: APPLICANT #2: CthnibwimbniemnnGaes BAKER COLLEGE OF MUSKEGON GniibidiinGiamsheimeesD (TOS MAK VETTE bide MUSKEHOD ME YG 44Z | DATE FINGERPRINTED: NO FINGERPRINTS REQUIRED | DATE FINGERPRINTED: DATE OF BIRTH: DATE OF BIRTH: Is the applicant a U.S. Citizen: O Yes O No* Is the applicant a U.S. Citizen: O Yes O No* *Does the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status? OYes CNo* OYes ONo* *Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter statis: L *Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission*TM* ARREST RECORD: [Felony _[] Misdemeanor ARREST RECORD: [Felony _ [1] Misdemeanor Enter record of all arrests & convictions (attach a signed and dated | Enter record of all arrests & convictions (attach a signed and dated report if more space is needed) report if more space is needed) | Section 2. INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit? ONo Yes, complete LC-1636 Are gas pumps on the premises or directly adjacent? FEN 1 Yes, explain relationship: Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? [yes ONo If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed) | Section 4. RECOMMENDATION | From your investigation: 1. Is this applicant qualified to conduct this business if licensed? Yes O1No 2. Is the proposed location satisfactory for this business? Yes O1No 3. Should the Commission grant this request? Yes O1 No 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) ¥~A YV_ L. -2~ 168-of2Police) BL -9 Signdtylre (SherifF-or Chief Date MUSKEGON POLICE DEPARTMENT TC-1800 (Rev. 07/06) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, Authority: MCL 436.1217 and R 436.1105; MAC. national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory with Disabilities Act, you may make your needs known to this agency. Penalty: No License Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) NT 7150 Harris Drive, P.O. Box 30005 Request ID #471842 Lansing, Michigan 48909-7505 RCE COM N Business ID # 209718 LAW ENFO MENT RECOMMENDATIO POF FA [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403] May 30, 2008 to: Musieaon Farice, Debgertttr Re: G@iRiepEREStEeeGe@r BAKER COLLEGE OF MUSKEGON We have received a request from the above licensee for the type of permit indicated below. Please make an investigation and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this request should be directed to the MLCC Licensing Division at (517) 322-1400. C] OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to A.M. Sundays A.M. to AM./P.M. C] Recommended | Recommended, subject to final inspection C] Not Recommended NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you must complete the box below. If additional space is needed please use reverse side of this form. in OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to AM. Sundays A.M. to A.M/P.M. C] Recommended C] Recommended, subject to final inspection [] Not Recommended DANCE PERMIT [7 recommended [_] Recommended, subjectto final inspection C] Not Recommended x] ENTERTAINMENT PERMIT [Recommended [| Recommended, subject to final inspection i Not Recommended i TOPLESS ACTIVITY PERMIT [_] Recommended | Recommended, subject to final inspection [| Not Recommended YTIEYZ Law Enforcement Recommendation (cont'd) Page 2 7723 Os May 30, 2008 F144 OUTDOOR SERVICE [=YRecommended | Recommended, subject to final inspection C4 Not Recommended [-] PARTICIPATION PERMIT i Recommended C] Recommended, subject to final inspection CE] Not Recommended C| ADDITIONAL BAR PERMIT C7] Recommended L] Recommended, subject to final inspection [| Not Recommended O C] Recommended L] Recommended, subject to final inspection | Not Recommended Signed: aoe (XQ, OQ. 0° LDIAEETOMN OF Lraa. e Sa mos y Signature and Title Diseetony L.. INCE BELEN ODER PEN OF é L257, Ce Se ersy Print Name and Title MUSKEGON POLICE DEPARTMENT Date: iene eal sfs 16-1636 (Rev. 08/2008) The Depariment of Labor & Economic Growth will not discriminate against any individual or group bacause of race, sex, religion, age, Authority: MCL 436.1946, R 438.1105(2)(d) and national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans 436.1403 with Disabilities Act, you may make your needs known to this agency. Completion: Mandatory Penalty: No License andfor Permit ' Baker College of Muskegon,and Fremont 4903 Marquetie Avenue, Muskegon, Mi 49442-1490 247 Telephorie, (231) 777-5 Calf (231) 557-2160 Epa : Fax (231) 77:7-5263 Baker Collece F=f = rs Rick E. Amidon, Ph.D. Presiden¥CEO email: rick.amnidon @ baker.edu Kurt Lecrrios siutnd BE Fitis Liheat CHLOE Yoru) NAVE DRS COMCERAS . Jom (tay , MILES 2, Glo: 190 ~OTF LIQUOR LICENSE REVIEW FORM Business Name: Laaker (aleve. of Laskgeor AKA Business Name (if applicable): Operator/Manager’s Name: Business Address: 336 DA Clay Mus Ke,gon, | Reason for Review: New License 1 Transfer of Ownership KI Dance Permit K] Drop/Add Name on License O Transfer Location CL] Drop/Add Stockholder Name O New Entertainment Permit O Other Out door Service Deadline for receipt of all information: Public Safety Approved | Denied CL] No Action Needed CL] income Tax Approved ff oOwingO Amount: Treasurer — Approved Owing = Amount: Zoning Approved C1] Denied L] Pending ZBA C Clerk’s Approved] OwingL) Amount: Fire/Inspections Approved O Denied (] Remaining Defects O Department Signature owns. Qf —— Please return to the City Clerk’s Office LIQUOR LICENSE REVIEW FORM Business Name: Lh Ker (, Neve of Luskegor AKA Business Name (if applicable): Operator/Manager’s Name: Business Address: 336 Ui) Clay Muskceo AL Reason for Review: New License LJ Transfer of Ownership Kl Dance Permit XI Drop/Add Name on License CO Transfer Location L] Drop/Add Stockholder Name O New Entertainment Permit O Other Ouch oar Service Deadline for receipt of all information: Public Safety Approved O Denied C1] No Action Needed L) Income Tax Approved L] Owing Amount: Treasurer ApprovedCL] OwingL] Amount: “Zoning Approved Denied] ‘Pending ZBA Clerk’s Approved O Owing Amount: Fire/Inspections Approved O Denied CL] Remaining Defects O Department Signature. VIE A— AL Please return to the City Clerk’s Office LIQUOR LICENSE REVIEW FORM Business Name: Laker ( Neve of! Lushkggor AKA Business Name (if applicable): Operator/Manager’s Name: Business Address: 336 Wf. lay Mush,ego, ZS Reason for Review: New License L Transfer of Ownership Kl Dance Permit XI Drop/Add Name on License O Transfer Location C1 Drop/Add Stockholder Name O New Entertainment Permit LI Other Out door Service Deadline for receipt of all information: Public Safety Approved O Denied No Action Needed LJ Income Tax ApprovedL] Owingl] Amount: Treasurer Approved O Owing UO Amount: Zoning Approved] DeniedL] Pending ZBA O Clerk’s Approved 0 LY Owing Amount: “Fire/Inspections Approved [1 Denied] Remaining Defects 1] _; ae Department Signature/. /UM fff, 4 : fold , Lj1 IZmA 7 : (fl Please return to the City Clerk’s Office LIQUOR LICENSE REVIEW FORM Business Name: Laker bs Neve of Luskgeor AKA Business Name (if applicable): Operator/Manager’s Name: Business Address: 33 b \i/ Clay Muskeon, Z/ Reason for Review: New License LJ Transfer of Ownership Dance Permit XxX Drop/Add Name on License O Transfer Location C1 Drop/Add Stockholder Name O New Entertainment Permit LJ Other But déor* Service Deadline for receipt of all information: Public Safety Approved L] Denied] _No Action Needed L] Income Tax Approved L] Owing 0 Amount: Treasurer Approved O Owing U Amount: Zoning Approved O Denied L Pending ZBA O Clerk’s Approved O Owing 0 Amount: Fire/Inspections Approved a’ Denied J Remaining Defects Oo Departme nt Si gn at ur e L i l l a e Please return to the City Clerk’s Office August 28, 2008 Liquor Control Commission 7150 Harris PO Box 30005 Lansing, MI 48909-7505 REF: Req ID #471842 Baker College of Muskegon 336 W. Clay Muskegon, MI 49440 To Whom It May Concern: Enclosed are Form LC-1800, LC-1636, and resolution from the City Commission for Baker College of Muskegon. This was recommended for approval by the City Commission at their August 26, 2008, City Commission Meeting. Please do not hesitate to call me at (231) 724-6705 if you have any questions. Sincerely, SENDER: COMPLETE TI U.S. Postal Service. Complete items 1, 2, and 3. Also ¢ 2 & CER TEED MAIL, RECEIPT item 4 if Restricted Delivery is des’ (Domestic Mail Only; No insurance Coverage Provided) = B Print your name and address on tr j so that we can return the card toy Linda Potter Bi Attach this card to the back of the = Deputy Clerk or on the front if space permits. 23 - : x Postage | $ \ 00 . +1. Article Addressed to: a . Cy, . . po pl Certified Fee Q mie) 5a q enc. ) . Liquor Control Corar Ds a (gnagrsurne mreie Restrlctad Delivery Fee ent Require BY) a 8 ' 3if Aue Merenom ) gfe) i. 7150 Harris S (Endorsement Required) : PO Box 30005 Cl total Postage & Fees $ £.40 are wT ; Lansing, MI 48909-7 ao Oo hm 2. Article Number {Transfer from service label) — SBES EE rN ett . D u ne 20 ao Ses Reverse for tnstractions: PS Form 3811, February 2004 REORDER 905 + U.S. PATENT NO, 6536290, 5575508, 5441109, 5745953, 5984384, 6030t Kaaker = MUSKEGON CAMPUS - 1903 MARQUETTE AVE- MUSKEGON MI 49442-1490 - (231} 777-5233 Check No. 203093 20080826 8/26/2008 STATE LIQUOR CONTROL COMMISSION 03070 250.00 REFERENCEH 474354 BAKER COLLEGE OF MUSKEGON $250.00 ECIC1S VOID WITHOUT. & COLORED BORDER AND BACKGROUND. PLUS| 1903: Marquette® Ave, Maskegon'Ml49442- 0. : ee ao cera = Seeker (231)-77-7 5233 ; : t Pe “VOID: AFTER 90 DAYS 51H BAKER COLL,EGE MUSKEGON. MI 49440-1348 ci Mla lll Detfoir, Mi‘. w 20309040< PeOOOOUR 41685448320 2o Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Request for Encroachment Agreement Sidewalk Encroachment - 1965 Lakeshore Drive SUMMARY OF REQUEST: William Gibner LLC RPH has submitted the attached encroachment agreement form requesting your permission approve the three (3) inch encroachment that has been created by the installation of each of the four (4) column bases (in the fence design) in front of the Lakeside Landing Building FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement with supplemental conditions and compliance with required insurance coverage. COMMITTEE RECOMMENDATION: 4008-79 Ch ) CITY OF MUSKEGON ENCROACHMENT PERMIT AGREEMENT REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request. 1. LICENSEE proposes to install, repair or maintain improvements or facilities (“the encroachment”), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or owned by the City of Muskegon, the encroachment being described as: (Attach exhibits) (1 unit equals 0-99 lineal feet) Foor Catumns , the. shine Veneer pases of which encloachy three _(3) inches onto the aity Sidewalk at (Fes tree sHtoRe Dave. Jee attachments A,4 Bt#Ag 2. The City-owned or controlled property (herein “property”) subject to the encroachment is described as: [please insert a general description, and if required by the CITY, an accurate legal description] The sidewalk in-ront of (9bS Lakesilahe Deve. 3. The CITY is willing to grant such privilege upon the terms and conditions herein. This agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future amendments shall apply to any encroachment on public right of way or property. PERMIT AGREEMENT: THIS AGREEMENT is made and entered into this_of6” day of Agu.st 2068, by and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and l/;tram Gihner LLC KPH (hereinafter called LICENSEE). , THEREFORE, 1, CITY does hereby grant unto LICENSEE the privilege of constructing, installing, maintaining, repairing and performing all necessary functions relating to the encroachment, and for that purpose to enter the property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of this agreement by the City Commission and at which time an encroachment permit will be issued. This grant is subject to the following special conditions: o4 kase see attached S upplemental Conds pros O\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS \Blank Encroachment Agreement and Permit.doc 2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of Dollars ($ ), per unit as described under Request, paragraph 1, applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five ‘years from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on the first day of May unless sooner terminated as hereinafter provided. 3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or this privilege. This indemnification obligation shall include ail liabilities for environmental damage or releases of hazardous substances subject to any governmental or third party action. “Hazardous substance” is defined as any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation in force at any time, including future times. 4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of Michigan, naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur. The types of coverage and coverage limits as required by City Engineer shall be as follows: 5. BONDING. Before this agreement permit becomes valid, LICENSEE shall file with the CITY a bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire term of this agreement. 6. The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation, with no refund of the fee required in paragraph 2 of Permit Agreement. 7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of Permit Agreement; provided, however, that upon the voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area of encroachment and restore the property at LICENSEE’S expense and in OAENGINEERING\COMMON\ENCROACHMENT AGREEMENTS \Blank Encroachment Agreement and Permit.doc damage or a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, expense the CITY may sustain in such restoration. to be 8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part and void. performed hereunder, the privilege hereby granted shall immediately terminate and become null and 9. This agreement shall be binding upon the respective heirs, representatives, successors assigns of the parties hereto. Witnesses: Cop, ai de Seoléa Linda father Step) etd cousglen Mayor And SWAG Gee an Hefesn wnlee K Ayn Marie. Deckers Clerk LICENSEE: doc O\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit. SUPPLEMENTAL CONDITIONS The grantee shall, within a reasonable time, be fully responsible for the maintenance of the columns and any removal or relocation that becomes necessary to facilitate other public improvements within the right of way. Grantee will be responsible for the maintenance and upkeep, for the duration of this agreement, a valid insurance coverage satisfactory to the City. . Insurance: LICENSEE shall at all times carry liability insurance in such amounts as are satisfactory to the City. The provision for liability insurance set forth shall remain in full force and effect in lieu of any other insurance requirement, provided that the City shall be given thirty (30) days written notice before a change in coverage may occur. ; The City and/or its agent are not responsible for any damage to the facilities. p.4 231-726-4694 Tom 12 08 09:40a Aug —| a : | te 3 3 s 3 g z 215 Fy Q MOAT NSA LIS H \: ' ed ONDMe¥dONILSIXA : co-wo0 -.re-gor- e wIBONS en r \ : 3B ? <8 s\o “tonenmevt t +S SNOZ : LAKESHORE (66'R.C EXI EXISTING SIE PROPERTY LINE 66.0° a= RAMP DOWN NEW RAMP DOWN SAN S NN SN AN \MS ‘ NON, . SS MO \. N SSN SON ~ PARCEL # 24-205-627-00 ZONE B2 4 ' WILLIAM J. GIBNER LLC, RPH 2345 2125 W. GLEN CT. MUSKEGON, Mi 49441 74-1394/724 AY 4 -Q Bate eg Ppa ‘ , Botars & ‘CHARLAND BREST communtry SHORESPBAWK MUSKEGON, MI 49441 RO? @LbIWLeN oo0c00b aca as Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Easement to Consumer Energy on Walton between Jefferson & Terrace. SUMMARY OF REQUEST: Authorize the City Manager to execute the attached easement agreement granting Consumer Energy the rights to enter the vacated section of Walton for the purpose as described in the aforementioned agreement. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize the City Manager to sign the attached agreement COMMITTEE RECOMMENDATION: EASEMENT FOR UNDERGROUND ELECTRIC LINE Form 468 9-2006 Tax Code: 616029 Parties: “Owner” is City of Muskegon Owner's address is 933 Terrace St., Muskegon, Ml 49443 "Consumers" is CONSUMERS ENERGY COMPANY, a Michigan corporation. Consumers’ address is One Energy Plaza, Jackson, Michigan 49201. Grant of Easement: For good and valuable consideration, Owner grants Consumers a permanent easement for underground electric line in, on, under, and across a portion of “Owner's Land,” called the “Easement Area.” Owner's Land is in the City of Muskegon, County of Muskegon, and State of Michigan and is described in the attached Exhibit A. The Easement Area is within Owner's Land and is described in the attached Exhibit B. Purpose: The purpose of the easement is to grant Consumers the right to enter Owner's Land to construct, operate, inspect, maintain, replace, improve, remove, and enlarge an underground electric line in the Easement Area. The underground electric lines may consist of underground cables (including fiber-optic cable), conduits, wires, conductors, subsurface junction vaults, surface-mounted transformers and enclosures, and other equipment for transmitting and distributing electrical energy and communications signals. Trees and Other Vegetation: Consumers shall have the right from time to time hereafter to enter Owner's Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other vegetation, whether inside or outside the Easement Area, that Consumers believes may interfere with the construction, operation, and maintenance of the underground electric line or lateral lines. Buildings/Structures: Owner shall not: 1) locate any buildings, structures, septic systems, drain fields, ponds, or swimming pools within the Easement Area, 2) plant any trees within the Easement Area, or 3) change the ground elevation within the Easement Area. If Owner violates this provision, Owner shalls reimburse Consumers for any expenses Consumers incurs correcting the violation. lf Consumer corrects the violation by relocating the electric line or lateral line on Owner's Land, this easement shall automatically apply to such relocated line. Exercise of Easement; Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this Easement to its full extent. z Successors: This easement shall bind and benefit Owner's and Consumers’ respective heirs, successors, lessees, licensees, and assigns. Date: 9: AOOF Owner: City of Muskegon Vd ae Brygh Mazade, City Manager Acknowledgment The foregoing instrument was acknowledged before me in Mas &oe or County, Michigan, on September of 00F by Bryon Mazade, City Manager of the City of Muskegon, on Date Behalf of the city. onde linda Porter tbs Notary Public Zuskegon County, Michigan Actingin ZIUS Yegor County My Commission expires: I-A AOS This easement is exempt from real estate transfer tax pursuant to MCLA 207.505(f) and from State real estate transfer tax pursuant to the provisions of MCLA 207.526(f). Prepared By: Michael L. Friend After recording, return to: Consumers Energy Company Robert M Bacon, EP7-451 Muskegon Service Center Business Services 231-728-8613 Consumers Energy Company One Energy Plaza Jackson, Mi 49201 Form 468 9-2006 A EXHIBIT Owner’s Land VACATED WALTON STREET BETWEEN JEFFERSON STREET AND SANFORD STREET, BLOCK 359 OF REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, ACCORDING TO THE RECOREDED PLAT THEREOF IN MUSKEGON COUNTY RECORDS, SECTION 19, TION, R16W. EXHIBIT B Easement Area The SOUTH 12 FEET of Owner’s Land. Form 468 9-2006 Michael L. Rolf PARMENTER OTOOLE Jeffery A. Jacobson ia Thomas H. Thornhill George W. Johnson Attorneys at Law Nancy Ann Hornacek Adam G. Zuwerink W. Brad Groom Douglas J. Winkle i Ericic R. R; Glelow Gi 601 Terrace Street » P.O. Box 786 Muskegon, Michigan 49443-0786 kane ichel leonard. R. H chstophet | Kl Phone 231.722.1621 » Fax 231.722.7866 or 231.728.2206 Rachel L. Terpstra Linda S. Kaare www.Parmenterfaw.com Of Counsel dantes Ft Schauetle Thomas J. O’Toole . Eric J. Fauri Keith L. McEvoy ohn M. Briggs, I ane Ma a Michael M. Knowlton 30 |. Knowlton George A. Parmenter, 1903-1993 August 13, 2008 Mohammed AI-Shatel Director — Engineering City of Muskegon . RECEIVEEGON 933 Terrace Street CITY Muskegon, MI 49442 AUG 1.4 2008 Re: Vacation of Walton Street ENGINEERING DEPARTMENT Dear Mo: Enclosed please find the revised Easement Agreement containing the correct spelling of Bryon Mazade’s name. Very truly yours, Chias.tock. Pokwad) Michelle R. Heckman Direct & Fax: (231) 722-5403 mrh@parmenterlaw.com Enclosure ce: Bryon Mazade (w/enclosure) JCS (ltr only) G:AEDSI\FILES\00100\2042.001\LTR\EE2549.DOC b9 /H9/2 RECEIPT 8 MARK OF. FAIRCHILD, i LE. & “<3 RODE Ford 2, 88 Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: B-233 MUSKETAWA TRAIL CONNECTOR CORRIDOR (PHASE 1) SUMMARY OF REQUEST: Award Phase | of the Musketawa Trail Connector contract to Thompson Brothers, Inc. out of Muskegon MI since they were the lowest responsible bidder with a total bid price of $140,321.22 see attached bid tabulation. Furthermore; it is requested that the award be contingent upon securing funding from MDNR and permission from MDOT to relocate the fence along the west side of Industrial Blvd. FINANCIAL IMPACT: The construction cost of $140,321.22 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None; the bulk of the cost is expected through MDNR grant as well as Wege Foundation along with $30,000 of City street funds. STAFF RECOMMENDATION: Award the contract to Thompson Brothers, Inc. COMMITTEE RECOMMENDATION: B-233 MUSKETAWA SHORELINE TRAIL CONNECTOR CORRIDOR BID TABULATION- 08/20/2008 CONTRACTOR THOMPSON BROTHERS, INC. WOOD TRUCKING MCCORMICK SAND, INC. TRIANGLE EXCAVATORS, INC. RIVERTOWN CONTRACTORS INC. FELCO CONTRACTORS, INC DAN HOE EXCAVATING BRENNER EXCAVATING JARAN CONSTRUCTION, INC.**** ADDRESS 388 W. MCMILLAN RD. 856 PULASKI AVE. 5430 RUSSELL RD. 581 OTTAWA AVE., SUITE 1A 608 QUINCY ST. SW 856 PULASKI AVE. 13664 ROCKY'S RD 2841 132ND AVE. 2745 ALYSSA LANE CITY/ST/ZIP MUSKEGON, MI 49445 MUSKEGON, MI 49441 TWIN LAKE, MI 49457 HOLLAND, MI 49423 GRANDVILLE, Mi 49418 MUSKEGON, MI 49441 HOLLAND, MI 49424 HOPKINS, MI 49328 ALLEGAN, MI 49010 ITEM OF WORK UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNITPRICE TOTAL PRICE $ 17,500.00 $ — 17,500.00 PRAHAHAHAHRHGHGHPGFHHHHAHAHHHHDHHHHHHHODA $ 15,900.00 $ $ 300.00 $ 300.00 $ 14,970.00 $ 10,365.00 10,365.00 = Mobilization, $20,000 Max 1 $ $ 7,500.00 $ 10,000.00 $ 10,000.00 $ 16,980.00 $ 16,980.00 15,900.00 10,000.00 $ 10,000.00 $ 14,970.00 ONOnRwON LS 7,500.00 2,000.00 1,600.00 $ 7,500.00 $ $ $ 3,500.00 $ 3,500.00 $ $ 3,500.00 $ 1,000.00 1,000.00 $ 3,100.00 $ 3,100.00 Contractor Staking Ls 1 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ $ 1,600.00 $ 7,500.00 1,700.00 1,700.00 3,500.00 10 $ 200.00 $ 200.00 $ 25.00 $ 250.00 20.00 $ 200.00 $ 6.00 $ 60.00 $ 20.00 $ 200.00 $ 20.00 $ 200.00 $ 16.00 160.00 $ 20.00 $ 200.00 Remove Curb and Gutter Ft 20.00 $ $ 20.00 Pavement Removal Syd 40 $ 20.00 $ 200.00 $ 20.00 $ 200.00 $ 15.00 $ 150.00 15.00 $ 150.00 $ 36.00 $ 360.00 $ 20.00 $ 200.00 $ 25.00 $ 250.00 $ 16.00 160.00 $ 50.00 $ 500.00 Embankment, CIP Cyd 6 $ 15.00 $ 90.00 $ 30.00 $ 180.00 $ 20.00 $ 120.00 20.00 $ 120.00 $ 15.00 $ 90.00 $ 20.00 $ 120.00 $ 10.00 $ 60.00 $ 26.00 156.00 $ 100.00 $ 600.00 100 $ $ 1,000.00 $ 1,000.00 $ $ 10.00 4.00 $ 400.00 $ 15.00 $ 1,500.00 $ 16.00 $ 1,600.00 $ 8.00 $ 800.00 $ 10.00 1,000.00 $ 25.00 $ 2,500.00 Earth Excavation Cyd 10.00 $ 10.00 0.10 $ 18,700.00 486.76 $ 16,549.84 $ 20,400.00 $ $ $ 800.00 $ 27,200.00 $ 550.00 $ 18,700.00 $ 1,000.00 34,000.00 $ 1,500.00 $ 51,000.00 Station Grading, Modified Sta 34 $ 600.00 $ 20,400.00 $ 550.00 $ 600.00 375.00 12,750.00 18,193.00 $ 18,712.80 $ 3.81 $ 19,804.38 3.60 $ 18,712.80 $ 3.80 $ 19,752.40 $ 3.50 $ 18,193.00 $ 5.00 $ 25,990.00 $ 4,00 20,792.00 Aggregate Base, 4” (21AA) Syd 5198 $ 3.50 $ $ 3.60 370.00 259.00 $ $ $ 19.00 $ 703.00 $ $ 407.00 $ 7.00 259.00 Aggregate Base, 8” (21AA) Syd 37 $ 7.00 $ 259.00 $ 10.00 $ $ 7.00 $ 259.00 7.00 $ 5.00 185.00 11.00 $ 625.00 25.00 625.00 $ 750.00 $ $ $ 35.00 $ 875.00 $ 23.00 $ 575.00 $ 20.50 512.50 $ 50.00 $ 1,250.00 Culv, CPE, Cl A, 12 inch Ft 25 $ 20.00 $ 500.00 $ 25.00 $ $ 30.00 22.00 550.00 350.00 $ 500.00 $ $ 280.00 $ 300.00 $ 250.00 $ 500.00 $ 300.00 $ 600.00 $ 195.00 $ 390.00 $ 200.00 400.00 $ 200.00 $ 400.00 1 Culv, End Section, CPE, 12 inch Ea 2 $ 175.00 $ $ 250.00 140.00 150.00 300.00 750.00 10.00 $ 250.00 $ $ 20.50 512.50 $ 80.00 $ 2,000.00 12 Sewer, 12 inch CPE, Trench Det A Ft 25 $ 20.00 $ 500.00 $ 25.00 $ 625.00 $ 12.00 $ 30.00 $ $ 22.00 $ 550.00 $ $ 23.00 575.00 $ 150.00 $ $ 750.00 400.00 $ 1,200.00 $ 425.00 $ 1,275.00 $ 400.00 $ 1,200.00 $ 300.00 $ 900.00 $ 550.00 1,650.00 $ 200.00 $ 600.00 13 Dr Structure Cover, Adj, Case 1 Ea 3 $ 300.00 $ 900.00 $ 50.00 250.00 28,260.00 $ 27,424.80 $ 28,800.00 $ 88.00 $ 31,680.00 $ 82.00 $ 29,520.00 $ 77.00 $ 27,720.00 $ 80.00 28,800.00 14 HMA, 3¢ Ton 360 $ 80.35 $ 28,926.00 $ 78.50 $ $ 76.18 80.00 30,438.00 29,808.00 $ $ 28,936.80 82.00 $ 29,520.00 $ 84.00 $ 30,240.00 $ 85.00 $ 30,600.00 $ 81.00 $ 29,160.00 $ 85.25 30,690.00 $ 100.00 $ 36,000.00 15 HMA, 4C Ton 360 $ 84.55 $ $ 82.80 $ 80.38 16 Concrete Safety Path Ramp Sft 500 $ 10.00 $ 5,000.00 $ 5.00 $ 2,500.00 $ 6.10 $ 3,050.00 5.00 $ 2,500.00 $ 15.00 $ 7,500.00 $ 8.00 $ 4,000.00 $ 14.00 $ 7,000.00 $ 10.50 5,250.00 $ 6.00 $ 3,000.00 7 Fence, Chain Link, 48 inch (Contingency Item) Ft 200 $ 12.00 $ 2,400.00 $ 14.00 $ 2,800.00 $ 0.01 $ 2.00 6.00 $ 1,200.00 $ 15.00 $ 3,000.00 $ 14.00 $ 2,800.00 $ 18.00 $ 3,600.00 $ 13.50 2,700.00 $ 48.00 $ 9,600.00 6,397.78 $ 6,851.00 $ $ 7,968.24 4.00 $ 4,216.00 $ 8.00 $ 8,432.00 $ 7.00 $ 7,378.00 $ 5.00 $ 5,270.00 $ 8.30 8,748.20 $ 8.00 $ 8,432.00 18 Fence, Moving Ft 1054 $ 6.07 $ $ 6.50 7.56 19 Post, Wood, 4 inch by 6 inch, Direct Embedment Ea 24 $ 24.00 $ 576.00 $ 145.00 $ 3,480.00 $ 140.00 $ 3,360.00 150.00 $ 3,600.00 $ 160.00 $ 3,840.00 $ 150.00 $ 3,600.00 $ 140.00 $ 3,360.00 $ 148.50 3,564.00 $ 40.00 $ 960.00 550.00 580.00 550.00 $ 600.00 $ 6.00 $ 600.00 $ 6.00 $ 600.00 $ 5.50 $ 550.00 $ 5.80 580.00 $ 18.00 $ 1,800.00 20 Post, Steel, 2 Ib Ft 100 $ 5.50 $ $ 5.80 $ $ 5.50 $ 6.00 21 Sign, Type IIIA Sft 131 $ 20.00 $ 2,620.00 $ 21.00 $ 2,751.00 $ 20.00 $ 2,620.00 20.00 $ 2,620.00 $ 22.00 $ 2,882.00 $ 22.00 $ 2,882.00 $ 20.00 $ 2,620.00 $ 21.00 2,751.00 22 Sign, Type IIA, Erect, Salv Ea 4 $ 65.00 $ 260.00 $ 69.00 $ 276.00 $ 65.00 $ 260.00 75.00 $ 300.00 $ 70.00 $ 280.00 $ 70.00 $ 280.00 $ 65.00 $ 260.00 $ 69.00 276.00 $ 200.00 $ 800.00 100.00 $ 440.00 $ $ 100.00 30.00 $ 120.00 $ 28.00 $ 112.00 $ 30.00 $ 120.00 $ 25.00 $ 100.00 $ 26.50 106.00 $ 100.00 $ 400.00 23 Sign, Type IIIA, Rem Ea 4 $ 25.00 $ $ 110.00 25.00 495.00 517.50 $ 540.00 $ 12.00 $ 540.00 $ 11.00 $ 495.00 $ 10.50 $ 472.50 $ 11.00 495.00 $ 12.00 $ 540.00 24 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 45 $ 11.00 $ $ 11.50 $ $ 10.50 $ 472.50 12.00 25 Pavt Mrkg, Ovly Cold Plastic, 24 inch, Stop Bar Ft 36 $ 13.00 $ 468.00 $ 14.00 $ 504.00 $ 12.75 $ 459.00 13.00 $ 468.00 $ 14.00 $ 504.00 $ 14.00 $ 504.00 $ 12.75 $ 459.00 $ 13.50 486.00 $ $ 26 Pavt Mrkg, Thermopl, 12 inch, White Ft 132 $ 1.00 $ 132.00 $ 1.00 $ 132.00 $ 0.95 $ 125.40 1.00 $ 132.00 $ 1.10 $ 145.20 $ 1.00 $ 132.00 $ 0.95 $ 125.40 $ 4.00 132.00 27 Pavt Mrkg, Thermopl, 6 inch, White Ft 1478 $ 0.73 $ 1,078.94 $ 0.80 $ 1,182.40 $ 0.73 $ 1,078.94 0.75 $ 1,108.50 $ 0.85 $ 1,256.30 $ 1.00 $ 1,478.00 $ 0.73 $ 1,078.94 $ 0.75 1,108.50 28 Pavt Mrkg, Thermopl, White Symbols, Modified Ea 28 $ 90.00 $ 2,520.00 $ 100.00 $ 2,800.00 $ 90.00 $ 2,520.00 100.00 $ 2,800.00 $ 100.00 $ 2,800.00 $ 100.00 $ 2,800.00 $ 90.00 $ 2,520.00 $ 95.00 2,660.00 29 Topsoil surface, Furn, 4 inch Syd 1505 $ 3.50 $ 5,267.50 $ 3.00 $ 4,515.00 $ 3.49 $ 5,252.45 4.50 $ 6,772.50 $ 4.50 $ 6,772.50 $ 7.00 § 10,535.00 $ 5.00 $ 7,525.00 $ 2.50 3,762.50 TOTAL $ 140,321.22 $ 140,659.70 $ 141,858.35 $ 151,938.80 $ 152,665.00 $ 159,137.84 $ 163,076.20 $ 199,305.27 + BID REJECTED-NOT A CONTRACT HOLDER : 1OF1 City Commission Meeting Tuesday August 26, 2008 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety DATE: August 20, 2008 SUBJECT: Agreement for School Resource Officer-Muskegon Public Schools Summary of Request: Police Department staff is requesting that the Commission approve an agreement between the City and the Muskegon Public Schools. The agreement provides for the continuance of a full-time School Resource Officer who is assigned to Muskegon High School. Muskegon Public Schools has agreed to pay one-half of the annual salary of the police officer position for a nine-month period. This agreement covers the period September 2, 2008 through June 8, 2009. Financial Impact: This agreement will produce revenue in the amount of $15,813 for the period of the agreement. Budget Action Required: None Staff Recommendation: Approval of the agreement. COMMUNITY OFFICER & MUSKEGON PUBLIC SCHOOLS AGREEMENT 2008-74(n) This agreement is effective September 2, 2008 through June 8, 2009, between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”), and Muskegon Public Schools, of 349 West Webster, Muskegon, Michigan 49440 (“MPS”), with reference to the following facts: Background A. City and MPS have determined that it is in each of their best interests to increase police services at the Muskegon High School (“MHS”). B. City has agreed to provide a police officer to be on patrol at MHS. At all times the officer assigned to work at MHS shall be a City police officer and, as such an employee of the City. Duties will be decided between mutual parties. However, it is agreed that a component of the role is to help establish a positive, safe learning environment at Muskegon High School and develop positive relationships with the student body. C. MPS has agreed to pay the City a flat rate according to 9 months of service. The community officer will report to the Muskegon High School principal. It is therefore agreed: 1. Officer. City shall provide a police officer to be on patrol at MHS during MHS’s published academic calendar year, commencing September 2, 2008 (which shall not include any published vacation days or summer school sessions, i.e. Christmas break, mid-winter break, Thanksgiving break, Professional Development days, Good Friday, Hackley Day or Memorial Day.) The officer shall be present at MHS during hours which are mutually agreeable between the City and MPS. 2. Payment. MPS shall pay $1,757 on the first of EACH MONTH, as invoiced, commencing September 2, 2008 through June 8, 2009. Total payment will not exceed $15,813. 3. Term: Termination: The term ofthis Agreement shall be for one year from September 2, 2008 through June 8, 2009, and may be renewed annually by mutual agreement. This Agreement may be terminated before the end of its term by subsequent written agreement, which shall be signed by both parties. | 4, Venue. The parties agree that for purposes of any dispute in connection with this agreement, the Muskegon County Court shall have exclusive jurisdiction and venue. Muskegon Public Schools City of Muskegon_ By: Eis cS .. Name: Charles W. Poole Name: Steve. Wanmington Title: President Title: Mayors Date: 10/23 {0 ye Date: 9-4- A008 by: Cot, oro Lig Name: Colin K. Armstrong Title: Superintendent Date: G-G-U& By: Dud)AX we Name: David A. Lewis Title: Principal Date: T-04%-—c@ SM/COMMUNITY OFFICER. contract Commission Meeting Date: August 26, 2008 Date: August 15, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development CBC RE: Amendment to the Zoning Ordinance - WM, Waterfront Marine Districts, Special Land Uses Permitted SUMMARY OF REQUEST: Request to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront Marine Districts) to allow museums as an additional special land use. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: This item was tabled at the January 22, 2008 meeting, and referred back to staff at the February 12, 2008 meeting. Staff would like to now clear this item from the docket. Staff still believes this amendment to be in the best interest of waterfront development, and therefore, recommends approval of the amendment of the Zoning Ordinance to allow museums as an additional special land use in the WM, Waterfront Marine zoning district. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 1/10 meeting. The vote was unanimous with T. Michalski and B. Smith absent. 1 8/15/2008 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO, 2249 An ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront Marine Districts), to allow an additional special and use. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Deletions are eressed-out and additions are in bold: Section 1901, new #6 6. Museums This ordinance adopted: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nayes: None Adoption Date: August 26, 2008 Effective Date: September 13, 2008 First Reading: January 22, 2008 Second Reading: August 26, 2008 CITY OF MUSKEGON e ‘“ , ts . ; . ‘Ann Marie Becker, 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 26" day of August, 2008, 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. J further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: August 26, 2008, YaAnn Nae ae a QO. nN ul u Marie Becker, 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 August 26, 2008, the City Commission of the City of Muskegon adopted an ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront Marine Districts) adding language to allow an additional special land use in the WM, Waterfront Marine District. 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: September 3, 2008. CITY OF MUSKEGON By Ann Marie Becker, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Staff Report (EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING January 10, 2008 Hearing; Case 2008-01: Staff initiated request to amend Section 1901 (Special Land Uses Permitted) of Article XIX, (WM, Waterfront Marine Districts), of the zoning ordinance, to add museums as a special land use in an WM district. BACKGROUND Currently, museums are allowed only in B-3, Central Business and OSR, Open Space Recreation zoning districts, and then only with a special land use permit. The Preamble of the Waterfront Marine district states that the districts “are designed to accommodate boating and water oriented land and building use along with those activities and services related to harbor and waterway improvements. “ Therefore, adding this use seems to compliment other uses already allowed in a Waterfront Marine district, which include marinas, restaurants, and hotels, to name a few. Some of these uses, and others allowed with a special land use permit, add character and attract tourists, and allow our area residents to enjoy more use of our lakefront properties. Adding museums as a special land use in the Waterfront Marine zoning district would allow the Milwaukee Clipper, or any other museum ship, to dock at any port located within a Waterfront Marine zoning district, with whatever conditions Planning Commission would want to impose. It would also allow any other type of museum to locate on any property within a Waterfront Marine zoning district, upon securing a special land use permit from the Planning Commission. NEW LANGUAGE Deletions are eressed-_out and additions are in bold: Section 1901, new #6 6. Museums DELIBERATION I move that the amendments to Section 1901, of Article XIX, WM, Waterfront Marine Districts, of the City of Muskegon Zoning Ordinance to add museums as a special land use in a WM, Waterfront Marine District, be recommended to the City Commission for (approval/denial). CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront Marine Districts), to allow an additional special land use. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Deletions are eressed-out and additions are in bold: Section 1901, new #6 6. Museums This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: Ann Marie Becker, MMC, City Clerk Commission Meeting Date: August 26, 2008 - Zoning Ordinance Amendment— WM Special Uses 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 26" day of August, 2008, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: , 2008. Ann Marie Becker, 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 August 26, 2008, the City Commission of the City of Muskegon adopted an ordinance to amend Section 1901 (Special Land Uses Permitted) of Article XIX (WM, Waterfront Marine Districts) adding language to allow an additional special land use in the WM, Waterfront Marine District. 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 » 2008. CITY OF MUSKEGON By Ann Marie Becker, MMC City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE, Account No. 101-80400-5354 Commission Meeting Date: August 26, 2008 Date: August 14, 2008 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Special Assessment Relief for Vida Nova Property SUMMARY OF REQUEST: Doug Harjer, owner of Vida Nova, has requested assistance from the City of Muskegon. He currently has built four condominium units at Vida Nova. There is interest in the units; however, given the current real estate situation, actual sales have been difficult. The assessments levied on the property have constituted a majority of the taxes owed, and by providing temporary relief on the assessments, Mr. Harjer may be able to lower the price on the condominium units and stimulate sales. FINANCIAL IMPACT: There will be a temporary suspension of the assessments owed to the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: It is recommended that the City Commission authorize deferment of the assessments on the two parcels of property in Vida Nova (160 Viridian Dr. and 190 Viridian Dr.), for a period of two years, without interest. COMMITTEE RECOMMENDATION: None. City of Muskegon Original Special Assessment Amortization Schedule for Vida Nova Project Assumptions: 4) Original assessment spread over 10 years, with July 1 due date. 2) 4 annual installments previously spread to property taxes. 3) APR Interest at 6.00%. 4) Declining balance method used to calculate interest. 5) 6 annual installments remaining on schedule. 6) $142,800.00 remaining special assessment principal balance. Toward Toward Balance Year Payment interest Principal Outstanding 2008 32,368.00 8,568.00 23,800.00 119,000.00 2009 30,940.00 7,140.00 23,800.00 95,200.00 2010 29,512.00 5,712.00 23,800.00 71,400.00 2011 28,084.00 4,284.00 23,800.00 47,600.00 2012 26,656.00 2,856.00 23,800.00 23,800.00 2013 25,228.00 1,428.00 23,800.00 0.00 172,788.00 29,988.00 142,800.00 City of Muskegon Proposed Special Assessment Amortization Schedule for Vida Nova Project Assumptions: Original assessment spread over 10 years, with July 1 due date. LN 4 annual installments previously spread to property taxes. APR Interest at 6.00%. ) Declining balance method used to calculate interest. 5) 6 annual installments remaining on schedule. 6) $142,800.00 remaining special assessment principal balance. 7) 2 year deferment with no interest accrued. Toward Toward Balance Year Payment Interest Principal Outstanding 2010 32,368.00 8,568.00 23,800.00 119,000.00 2011 30,940.00 7,140.00 23,800.00 95,200.00 2012 29,512.00 5,712.00 23,800.00 71,400.00 2013 28,084.00 4,284.00 23,800.00 47,600.00 2014 26,656.00 2,856.00 23,800.00 23,800.00 2015 25,228.00 1,428.00 23,800.00 0.00 172,788.00 29,988.00 142,800.00 8/15/2008 Commission Meeting Date: August 22, 2008 Date: August 11, 2008 Toi Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request to revoke the Obsolete Property Rehabilitation Exemption Certificate at 790 Terrace SUMMARY OF REQUEST: Promised Land Associates, 420 Carmen Drive, Spring Lake, Ml 49456, was issued an Obsolete Property Rehabilitation Exemption Certificate (resolution number 2005-54 b, issued June 14, 2005) for the property located at 790 Terrace Street. The timeline to complete the rehabilitation was one year, giving them until June 14, 2006 to do so. However, a number of unforeseen problems occurred during this time, making the applicant unable to complete the rehabilitation. The applicant then requested a time extension in November 2007 and was granted additional time to complete the rehabilitation. The new deadline to finish the rehabilitation was August 22, 2008. Total capital investment for this project was stated to be $1,200,000 and was to include the addition of an elevator and an additional stairway, along with upgrades to the structural, mechanical, and electrical systems to meet current code requirements. To date, none of these projects have been completed. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To revoke the Obsolete Property Rehabilitation Certificate. COMMITTEE RECOMMENDATION: None Date: August 26, 2008 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Designation of Voting Delegates for the Michigan Municipal League Annual Business Meeting SUMMARY OF REQUEST: To designate by action of the Commission, one of our officials who will be in attendance at the Convention as an official representative to cast the vote of the municipality at the annual meeting; and, if possible, to designate one other Official to serve as alternate. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. PLEASE RETURN BY SEPTEMBER 15, 2008 Our official representative at the Annual Busines s Meeting of the Michigan Municipal Ledgue will be: Name_ Clara Shepherd Title Camas ss Oe Our alternate official representative will be: Name tna Tarve fgecker Title City Cle xk - Official action of governing body on G7 26 - LOOP {date} Submitted by_ Z/ nda Ly trer Municipality (uty af! Muskegon I |} Better Communities. Better Michigan. michigan municipal August (3, 2008 Michigan Municipal League Annual Meeting Notice (Please present at the next Council or Commission Meeting) Dear Official: The Annual Convention of the Michigan Municipal League will be held on Mackinac Island, October I-4, 2008. The annual meeting is scheduled for 11:00 a.m. on Thursday, October 2, at the Grand Hotel. The meeting will be held for the following purposes: 1. Election of Trusiees. To elect six members of the Board of Trustees for terms of three years each (see page 2). 2. Policy. To vote on Core Legislative Principles document and resolutions properly brought before the annual meeting. All member municipalities planning on submitting resolutions for consideration at the annual meeting are reminded that under the Bylaws, the deadline for League trustees to receive resolutions for their review is September 2, 2008 (please see page 2). 3. Other Business. To transact such other business as may properly come before the meeting. Designation of Voting Delegates Pursuant to the provisions of the League Bylaws, you are requested to designate by action of your governing body one of your officials who will be in attendance at the Convention as your official representative to cast the vole of the municipality at the annual meeting, and, if possible, to designate one other official to serve as alternate. A fler taking this action, please return the enclosed reply card no later than September 15, 2008. Regarding the designation ofan official representative ofthe member to the annual meeting, please note the following section of theMML Bylaws: “Section 4.4 - Votes of Members. Each member shall be equally privileged with all other members in its voice and vole in the election of officers and upon any proposition presented for discussion or decision at any meeting of the members. Honorary Members shall be entitied to participate in the discussion of any question, but such members shall not be entitled to vote. The vote of each member shall be cast by its official representative attending the meeting at which an election ofofficers or a decision on any proposition shall take place. Each member shall, by action of its governing body prior to the annual meeting or any special meeting, appoint one official of such member as its principal official representative to cast the vote of the member at such meeting, and may appoint one official as its alternate official representative to serve in the absence or inability to act of the principal representative.” www.mmlorg » !. Election of Trustees Regarding clection ofofficers, under Section 5.3 of the MML Bylaws, six members ofthe Board of Trustees will be elected at the annual meeting for a term ofthree years. The regulations ofthe Board of Trustees require the Nominations Committee to complete its recommendations and post the names of the nominees for the Board of Trustees on the bulletin board of the registration desk at least four hours before the hour of the business meeting. 2. Statements of Policy and Resolutions * Regarding consideration of resolutions and statements of policy, under Section 4.5 of the MML Bylaws, the Board of Trustees acts as the Resolutions Committee, and “no resolution or motion, except procedural and incidental matters having to do with business properly before the annual meeting or pertaining to the conduct of the meeting, shall be considered at the annual meeting unless it is either (1) submitted to the meeting by the Board of Trustees, or (2) submitted in writing to the Board of Trustees by resolution of the governing body ofa member at least thirty (30) days preceding the date of the annual meeting.” Thus the deadline this year for the MML to receive resolutions is August 28". “Every proposed resolution submitted by a member shall be stated in clear and concise language and shall be accompanied by a statement setting forth the reasons for recommending the proposed resolution. The Board shall consider the proposal at a Board meeting prior to the next annual meeting and, after consideration, shall make a recommendation as to the advisability of adopting each such resolution or modification thereof.” The proposed 2008-2009 Michigan Municipal League Policies and any new proposed Resolutions recommended by the Board of Trustees for adoption by the membership are available on the League website*, to permit governing bodies of member cities and villages to have an opportunity to review such proposals and delegate to their voting representative the responsibility for expressing the official point of view of the member at the annual meeting. The Board of Trustees will meet on Wednesday, October | at the Grand fotel on Mackinac Island for the purpose of considering such other matters as may be requested by the membership, in addition to other agenda items. * The proposed 2008-2009 MML Core Legislative Principles document are available on the League website at http:/Avww.mmlLorg. Ifyou would like fo receive a copy of the proposed policies by fax, please call Susan at the League at 800-653-2483. Sincerely, rboruhee Deborah Doyle President Daniel P. Gilifiartin Executive Director & CEO Enc. Official Voting Delegates Annual Business Meeting Procedure Page 2 Michigan Municipal League Cr Every proposed resolution submitted by a member shall be stated in clear and concise language and shall be accompanied by a statement setting forth the reasons for recommending the proposed resolution. The Board shall consider the proposal at a Board meeting prior to the next annual meeting and, after consideration, shall make a recommendation as to the advisability of adopting each such resolution or a modification thereof. If time permits, each such resolution with the recommendation ofthe Board shall be printed in the Michigan Municipal Review. ** The deadline for receiving resolutions is September 2, 2008. 4. Ifa Voting Delegate wishes to speak, the Delegate should rise and proceed to one ofthe microphones available in the reserved area and after recognition by the Chair, may then speak. Since the Annual Business Meeting is being recorded, each Voting Delegate who wishes to speak for any reason, after being recognized by the Chair, should first announce the Delegate’s name, title and municipality slowly and clearly into the microphone. A member ofthe Board of Trustees, an Honorary Life Member, or a Chair or a designated member of a League Standing or Special Committee may speak on a question, but may not vote unless serving also as a Voting Delegate. If a question is raised about a proposed policy or resolution, or an amendment is offered and seconded, the Chair or designated member ofthe proper League Standing or Special Committee or a member ofthe Board of Trustees wil] be called upon to speak at an appropriate time to explain the Committee’s views before the vote is put on the question. In addition, upon request of the Chair, a member of the League staff may speak on a question. Any other person present may speak only with the approval ofthe Voting Delegate body. 5h Ifa Voting Delegate who has been seated wishes to have the Alternate Voting Delegate from the Delegate’s municipality speak on an issue, the Voting Delegate should request, after being recognized by the Chair, to be excused from the reserved area and that the other person be permitted to take the Delegate’s place temporarily or for the balance of the meeting. Upon being excused by the Chair, the Alternate Voting Delegate may then take the Voting Delegate’s place in the reserved seating area and may speak and vote as the Official Voting Delegate. 6. The above procedure is necessary to assure that, in the event ofa vote on a question by show of hands or by voice vote of the Delegates, no municipality will have more than one person seated in the reserved area OFFICIAL VOTING DELEGATES ANNUAL BUSINESS MEETING Michigan Municipal League In accordance with the accompanying MML Annual Meeting Notice, each member municipality is to appoint one Official Voting Delegate and one Official Alternate Voting Delegate to represent the municipal at the Annual Business Meeting of the Michigan Municipal League. The purpose ofthese instructions is to familiarize the voting delegate, especially those officials serving in this capacity for the first time, with the procedure to be followed during the Annual Business Meeting. ils Prior to entering the Business Mecting, Official Voting Delegates should check-in at the registration desk located just outside of the meeting room. Official Voting Delegates will then be given a pass to enter in the reserved seating area for Voting Delegates. If the Official Voting Delegate is not present, the Official Alternate Voting Delegate should check-in at the registration desk to be given the Voting Delegate pass. Only the Official Voting Delegate will be seated in the area reserved for Voting Delegates. If the Official Voting Delegate is not present, the Official Alternate Voting Delegate will take the Delegate’s place in the reserved area as the Voting Delegate. Therefore, each member municipality will have only one person seated in the reserved area. All other municipal officials, and all other Alternate Voting Delegates, may be seated outside the reserved area. 2: In general, Robert’s Rules of Order, Newly Revised, will govern the conduct of the Annual Business Meeting. Parliamentary decisions will be made by the President of the League who will preside at the Annual Business Meeting. The President will be assisted by a Parliamentarian. Parliamentary decisions by the Chair, if challenged from the floor, are subject to be sustained or overturned by a majority of the voting delegates. 3. The Bylaw governing the submission of policy resolutions provides: Section 4.5 - Resolutions A. No resolution or motion shall be submitted to debate or vote at the annual meeting or any special meeting unless it is germane to the functions and purposes of the League, B. No resolution or motion, excepting procedural and incidental matters having to do with business properly before the annual meeting or pertaining to the conduct of the meeting, shall be considered at the annual meeting unless it is either: 1) submitted to the meeting by the Board of Trustees; or 2) submitted in writing to the Board of Trustees by resolution of the governing body ofa member at least thirty (30) days preceding the date of the annual meeting**. DATE: 08/19/2008 G 0 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: ENO70238 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 254 AMITY AVE Area 11 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. Case# & Project Address: # EN070238 254 Amity Location and ownership: This structure is located on Amity between Fork and Jay Streets and is owned by Marilyn Brewster, 347 Shonat St., Apt #5, Muskegon, MI 49442. Staff Correspondence: A dangerous building inspection was conducted on 11/08/07. An interior inspection was conducted 11/30/07. The Notice and Order to Repair was issued on 11/28/07. On 02/07/08, 03/06/08, and 04/03/08, the HBA tabled case to allow owner time to secure loan, establish timeline for repairs and obtain necessary permits. On 05/01/08 the HBA declared the structure substandard and dangerous. As of 08/19/08 no permits have been issued and no timeline submitted. Owner Contact: Ms. Brewster was present for all HBA meetings stating she was working with Neighborhood Investment Corp to get loan to complete repairs and there were delays in getting taxes paid and obtaining insurance. Financial lmpact: CDBG Funds Budget action required: None State Equalized value: 12,800 Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. DATE: 08/19/2008 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN080084 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 1259 SANFORD ST Area 10 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. Case# & Project Address: # EN080084 — 1259 Sanford, Muskegon, MI 49444 Location and ownership: This structure is located on Sanford between Spring and Isabella Streets and is owned by James Smith, 1575 Park, Muskegon, MI] 49441. Staff Correspondence: A dangerous building inspection was conducted on 04/03/08. The Notice and Order to Repair was issued on 04/09/08. On 06/05/08 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 06/05/08. Owner spoke with Don LaBrenz but has not applied for any permits, and no timeline has been submitted. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $21,800 (Entire property) Estimated cost to repair: $10,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1259 SANFORD ST This building is a two story wood frame multi-family dwelling. This building is currently not occupied as the owner has moved to Park Street. This structure has numerous broken windows, is in need of a new roof, chimneys, and foundation work. The property owner has indicated that he does not have the resources to rehabilitate this structure. If left unattended and unrepaired this building will continue to deteriorate and become an “attractive nuisance” to area. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Friday, April 4, 2008 Enforcement # EN080084 Property Address 1259 SANFORD ST Parcel #24-205-384-0007-20 Owner SMITH JAMES Inspector: Henry Faltinowski Date completed: 04/03/2008 DEFICENCIES: Uncorrected 1. Structural damage to roof system - sagging rafters on southwest home (lower roof) sagging eaves open fascia. Chimney failing - brick falling from chimney. NOaPONn Broken out windows, numerous. Foundation wall crumbling on southside of home. Scrape and paint all exterior wood soffits - window frames, fascia. Replace bad roof covering. Provide interior inspection by trades. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property | 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. Henry Faltinowski, Building Inspector Date DATE: 08/19/2008 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN070232 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 1329 4TH ST (Garage) Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (80) 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. Case# & Project Address: # EN070232 — 1329 4th (Garage) Location and ownership: This structure is located on 4" Street. between Strong and Mason Streets and is owned by Lowell Kirksey, 1329 4", Muskegon, MI 49441. Staff Correspondence: A dangerous building inspection was conducted on 10/26/07. The Notice and Order to Repair was issued on 11/08/07. On 02/07/08 the HBA tabled case until April 2008 with owner to schedule interior inspection and get approval from Historic District Committee. The case was brought back before HBA 05/01/08 and was declared substandard and dangerous building. Approval was received by HDC for demolition 07/01/08. Owner Contact: Owner was present for HBA dated 02/07/08 and 04/05/08 stating intent was to rehab if possible but would demolish if determined it was not salvageable. No permits have been issued to rehab or demolish structure. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $41,400 (Entire property) Estimated cost to repair: $1,500 to Demolish Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1329 4TH ST (Garage Only) This is a single story wood frame garage. The roof system has failed and the exterior garage walls are rotted and no longer offer an adequate means of support for this structure. This building is deteriorated to the point of no longer being salvageable. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Friday, October 26, 2007 Enforcement # EN070232 Property Address 1329 4TH ST Parcel #24-205-397-0002-00 Owner KIRKSEY LOWELL Inspector: Henry Faltinowski Date completed: 10/26/2007 DEFICENCIES: Garage Only Uncorrected = Roof rafters rotted. NOGOSON Fascia roited. Exterior wall rotted and bowed, Ceiling failing, Ceiling joist rotted. Windows broken Garage door broken. Building to be painted. Request interior inspection by al! trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property | 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. Don LaBrenz, Building Inspector Date LZ 7) y yan cw DATE: 08/19/2008 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN080075 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 1573 BEIDLER ST Area 12 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. Case# & Project Address: # EN080075 — 1573 Beidler, Muskegon, MI 49441 Location and ownership: This structure is located on Beidler between W. Southern and Forest Streets and is owned by Thomas Kamp, 12414 State Rd, Nunica, MI 49448. Staff Correspondence: A dangerous building inspection was conducted on 03/26/08. The Notice and Order to Repair was issued on 03/28/08. On 06/05/08 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 06/05/08. All notices sent certified mail have returned unclaimed. No permits have been issued, no inspections scheduled, and no contact with owner. Financial Impact: General Funds Budget action required: None State Equalized value: $31,500 (Entire property) Estimated cost to repair: $10,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1573 BEIDLER ST This is a two story wood frame multi-family dwelling. The roof system is failing and no longer adequately protects this building from the weather. The structure currently is in a state of disrepair and will continue to deteriorate at an ever accelerating rate. This building does not appear to be secure from the weather and will continue to be a blighting influence on the neighborhood CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Friday, March 28, 2008 Enforcement # EN080075 Property Address 1573 BEIDLER ST Parcel #24-205-434-0009-00 Owner KAMP THOMAS R Inspector: Henry Faltinowski Date completed: 03/26/2008 DEFICENCIES: Uncorrected Roof covering - failing falling off home and porch - roofs - replace entire. CONOAP WN Missing soffit on porch. Porch ceiling rotted falling in. Broken out windows. Rotting fascia. Scrape and paint siding, replace damaged siding. Replace both chimneys. Replace South upper porch roof to MRC 2003 roof load requirements. Repair -replace all damaged window frames. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property | 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. Henry Faltinowski, Building Inspector Date Ke) gi
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