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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
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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
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' WILLIAM
J. GIBNER LLC, RPH 2345
2125 W. GLEN CT.
MUSKEGON, Mi 49441 74-1394/724
AY 4 -Q
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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)
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