City Commission Packet Archive 08-26-2008

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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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                          Wwo4INDBGexyOEA+qungvoRd07) *je1,louy
                                                    ¥XIGNad¥



                                                               6S[JB21s(‘0I9A8UNoqWpeu7aOiTY/3yg4Dz€d) SO°‘9T£6eL*8dztsIny'Eob5c€uC0m?,
                                                                                                                                          bTed
                                                   APPENDIX B
                                   SAMPLE NONDISCLOSURE AGREEMENT

To protect certain confidential information that may be disclosed to the RECIPIENT, the RECIPIENT agrees as
follows:


        This Agreement is entered into effective /__f       between the County of Muskegon, with offices
at 990 Terrace Street, Muskegon, Michigan 49442 (“County”) and                                   , with
offices at                                  1                  ,     ,               CRecipient’).


I.   DEFINITIONS


       A.   "Confidential Information" means the following:

               1. For purposes of this Agreement, the Confidential Information disclosed hereunder is
               identified in Attachment 1. Confidential Information in written or tangible form shall be labeled
               confidential or proprietary prior to disclosure. Confidential Information in oral or intangible form
               shall be designated as confidential or proprietary at the time of disclosure and/or designated as
               confidential or proprietary by notifying the Recipient in writing within thirty (30) days of said
               disclosure.

II. RESTRICTIONS


       A. Recipient agrees not to disclose, provide, or otherwise make available any Confidential Information
       provided by the County to any other person or entity, except as expressly provided in this
       Nondisclosure Agreement. Recipient agrees to restrict disclosure of Confidential Information to those
       employees of Recipient who are made aware of, and agree to abide by, the terms of this Nondisclosure
       Agreement, and even then only on an as-needed basis.

       B. Recipient agrees to take all reasonable steps, at least as great as the steps Recipient takes with
       respect to its own confidential or proprietary information, to protect the Confidential Information
       provided by the County from unauthorized disclosure or use.

       C. County GIS Layers are to be solely retained by the Recipient. In no instance are these Data to be
       placed on the Internet, soid, leased, copied, loaned, or transferred, in whole or part to other public
       agencies, private individuals, private firms, or non-profit entities.

       D. Recipient agrees that it shall use Confidential Information only in the manner and for the purposes
       described in the Attachments. Any other use or disclosure of the Confidential Information shall
       constitute a material breach of this Nondisclosure Agreement.

       E. Recipient shall immediately notify the County in writing of any misuse, misappropriation, or
       unauthorized disclosure of Confidential Information that may come to its attention.

       F. Notwithstanding anything contained in the Attachments, Recipient agrees that it shall not use any
       Confidential Information provided by the County for its own personal or commercial benefit or for the
       personal or commercial benefit of any other person or entity.




            GIS Basic Level of Service Contract — Version 12/19/2007                           Page 12
III,    NO RIGHTS CONFERRED

        A. Recipient acknowledges that nothing contained in this Agreement shall be construed as granting or
        conferring any rights by license or otherwise in any Information disclosed by the County.

IV.NO WARRANTY


        A. None of the Confidential Information that may be disclosed by the County shall constitute any
        representation, warranty, assurance, guarantee, or inducement by the County of any kind. The County
        shall not be liable for the accuracy of the disclosed information.

Vv.   REMEDIES


        A. Recipient acknowledges that its obligations to protect the Confidential Information are essential to
        the business interests of the County and that the disclosure of such Confidential Information in breach
        or threatened breach of this Agreement would cause the County immediate, substantial, and
        irreparable harm, the value of which would be extremely difficult to determine. Accordingly, Recipient
        agrees that, in addition to any other remedies that may be available in law, equity, or otherwise for the
        disclosure or use of Confidential Information in breach of this Agreement, the County shall be entitled
        to seek and obtain a temporary restraining order, injunctive relief, or other equitable relief against the
        continuance of such breach, in addition to all other remedies, and without the requirement of posting a
        bond or undertaking or proving injury as a condition for relief.                          :

VI. POINTS OF CONTACT

        A. The designated points of contact for controlling the authorized release of the Confidential
        Information are

        B.   For Muskegon County:
                Thomas Van Bruggen
                Property Information Analyst
                Muskegon County Equalization
                Mapping & GIS
                173 E. Apple Ave.
                Muskegon, MI 49442
                Telephone:    (231) 724-6810
                Fax:          (231) 724-1129
                E-mail: yanoruggerthe

        C.   For Recipient:
                Name:
                Company:
                Address:



                Telephone:
                Fax:
                E-mail:




             GIS Basic Level of Service Contract — Version 12/19/2007                          Page 13
VIL.    RETURN OF MATERIALS

        A. Upon the County's written request, Recipient agrees to promptly return to the County any materials
        or documents, whether or not furnished by the County, containing Confidential Information together
        with all copies thereof made by Recipient, or to destroy such items and deliver to the County written
        certification that they have been destroyed.

VITI.   TERM; TERMINATION


        A. This Agreement shall be effective as of the date first written above and shall continue until
        terminated by either party upon thirty (30) days prior written notice. All obligations undertaken
        respecting Confidential Information already provided hereunder shail survive any termination of this
        Agreement. The Recipient shall, within twenty (20) days of a written request by the County, return all
        Confidential Information, including all copies thereof, to the County or, if so directed by the County,
        destroy al! such Confidential Information. The Recipient shall also, within ten (10) days of a written
        request by the County, certify in writing that it has satisfied its obligations under Articles 2 and 8 of this
        Agreement.


IX. GOVERNING LAW

        A. The laws of the state of Michigan shall govern the interpretation of this Agreement as it relates to
        the specific disclosed Confidential Information.



X. ACCEPTED AND AGREED


Muskegon County:                                       Recipient:




Thomas Van Bruggen                                     Name:
Property Information Analyst                           Title:

Date:                                                  Date:




            GIS Basic Level of Service Contract — Version 12/19/2007                              Page 14
                          AGENDA ITEM NO.

                CITY COMMISSION MEETING




TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager


DATE:       August 14, 2008


RE:         Appointment of Representative and Alternate Representative to Muskegon Central
             Dispatch Board of Directors




SUMMARY OF REQUEST:
To appoint the City Manager as representative for the City of Muskegon to serve as a director
on the Muskegon Central Dispatch Board of Directors and to appoint the Director of Public
Safety as an alternate representative.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the request and authorize city clerk to provide a signed, written consent resolution
to the Muskegon Central Dispatch Board of Directors.




COMMITTEE RECOMMENDATION:




pb\AGENDA — CNTRL DSPTCH BD APPTMNT 081408
                                  RESOLUTION          _2008-74(c)



RESOLUTION TO APPOINT THE CITY MANAGER AS REPRESENTATIVE FOR THE CITY OF
MUSKEGON TO SERVE AS A DIRECTOR ON THE MUSKEGON CENTRAL DISPATCH 911
BOARD OF DIRECTORS AND TO APPOINT THE DIRECTOR OF PUBLIC SAFETY AS AN
ALTERNATE REPRESENTATIVE, AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO
SIGN AND ATTEST SAID RESOLUTION


Movedby__      Commissioner Carter                           and supported by

Commissioner      _Gawron                that the following Resolution be adopted:

        WHEREAS, Muskegon Central Dispatch 911, formerly known as “Central Operators for Police
Services” or “COPS,” provides emergency dispatch services within Muskegon County, and
        WHEREAS, the City of Muskegon is a Member of Muskegon Central Dispatch 911, having a
full-time, paid, law enforcement department; and,

        WHEREAS, each Member will appoint a representative and an alternate representative to serve
as a director on the Muskegon Central Dispatch 911 Board of Directors, by a formal majority vote of the
governing body of the Member

        RESOLVED, the City Manager is hereby appointed as representative for the City of Muskegon to
serve as a director on the Muskegon Central Dispatch 911 Board of Directors, the Director of Public
Safety is hereby appointed as an alternate representative, and the Mayor and Clerk are authorized to sign
and attest this Resolution.

Adopted this 26" day of August, 2008.                      a

                                          eaeMayor
                                        BY
                                                Ss




                                  ATTEST NG      wero Qe
                                         Ann Marie Becker, City Clerk


                                           CERTIFICATION


This resolution was adopted at a meeting of the City Commission, held on August 26, 2008. The meeting
was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the
Public Acts of 1976.

                                                    CITY OF MUSKEGON


                                         By Yon in Dany ca Relax
                                                    Ann Marie Becker, City Clerk
            Commission Meeting Date: August 26, 2008




Date:        August 15, 2008

To:          Honorable Mayor and City Commissioners

From:        Planning & Economic Development Oe
RE:          Rezoning request for property located at 1934 E. Sherman
             Boulevard




SUMMARY OF REQUEST:

Request to: rezone the front portion of the property located at 1934 E. Sherman
Boulevard, from I-2, General industrial District to B-4, General Business District.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 8/14
meeting. The vote was unanimous, with S. Warmington absent.
                             CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO. 2247


An ordinance to amend the zoning mapof the City to provide for a zone change for
a certain property from I-2 “General Industrial” district to B-4 “General Business”
                                          district.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from 1-2 “General Industrial” district to B-4 “General
Business” district:

That part of the Southeast % of the Southwest % of Section 34, Town 10 North, Range 16
West, City of Muskegon, County of Muskegon, State of Michigan described as:
Commencing at the South % corner of said Section; thence along the North and South %
line North 01 degrees East 350.00 feet to the North line of Sherman Boulevard, thence
along said North line South 89 degrees 57 minutes West 416.00 feet for the point of
beginning; thence continuing along said North line South 89 degrees 57 minutes 00
seconds West 121.88 feet; thence continuing along said North line Westerly 103.22 feet
along the arc of a 2694.42 foot radius curve to the left of the chord of which bears South
88 degrees 51 minutes 00 seconds West 103.20 feet; thence North 01 degrees 09 minutes
00 seconds East 331.98 feet; thence North 89 degrees 57 minutes 00 seconds East 225.04
feet to the West line of Sundolphin Drive thence along said West line South 01 degrees
09 minutes 00 seconds West 330.00 feet to the point of beginning, subject to easement
and restrictions apparent and of record

This ordinance adopted:

Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo

Nayes: None


Adoption Date: August 26, 2008

Effective Date: September 13, 2008

First Reading: August 26, 2008

Second Reading: N/A
                                                      CITY OF MUSKEGON


                                                      By: ENR ay Our aa                hur \
                                                             Ann Marie Becker, MMC
                                                            City Clerk
            CERTIFICATE        (Rezoning of 1934 E, Sherman from 1-2 to B-4)

       The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 26" day of August, 2008,
at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.

DATED: August
           26, 2008.                              yagi      OU SS
                                              Ann Marie Becker, MMC
                                              Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final
               adoption.
                                       CITY OF MUSKEGON
                                      NOTICE OF ADOPTION


      Please take notice that on August 26, 2008, the City Commission of the City of
      Muskegon adopted an ordinance amending the zoning map to provide for the change of
      zoning of the following property from I-2 “General Industrial” district to B-4 “General
      Business” district:


      That part of the Southeast 4 of the Southwest “% of Section 34, Town 10 North, Range 16
      West, City of Muskegon,       County of Muskegon,      State of Michigan described as:
      Commencing at the South % corner of said Section; thence along the North and South '4
      line North 01 degrees East 350.00 feet to the North line of Sherman Boulevard; thence
      along said North line South 89 degrees 57 minutes West 416.00 feet for the point of
      beginning; thence continuing along said North line South 89 degrees 57 minutes 00
      seconds West 121.88 feet; thence continuing along said North line Westerly 103.22 feet
      along the arc of a 2694.42 foot radius curve to the left of the chord of which bears South
      88 degrees 51 minutes 00 seconds West 103.20 feet; thence North 01 degrees 09 minutes
      00 seconds East 331.98 feet; thence North 89 degrees 57 minutes 00 seconds East 225.04
      feet to the West line of Sundolphin Drive thence along said West line South 01 degrees
      09 minutes 00 seconds West 330.00 feet to the point of beginning, subject to easement
      and restrictions apparent and of record



      Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
      the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
      business hours.


             This ordinance amendment is effective ten days from the date of this publication.


      Published: September 3, 2008                        CITY OF MUSKEGON


                                                          By
                                                                 Ann Marie Becker, MMC
                                                                  City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                                    Staff Report [EXCERPT]
                                     CITY OF MUSKEGON
                                   PLANNING COMMISSION
                                      REGULAR MEETING


                                         August 14, 2008




Hearing; Case 2008-17: Request to rezone the front portion of the property located at 1934 E.
Sherman Boulevard from I-2, General Industrial District to B-4, General Business District, by
Ross E. Pope, Redstone Commercial.



Applicant:                            Ross Pope, Redstone Commercial

Property Address/Location:            1934 E. Sherman Boulevard


Request:                              Rezone from J-2, General Industrial to B-4, General
                                      Business


Present Land Use:                     Vacant Industrial Building


Zoning:                               B-4, General Business

STAFF OBSERVATIONS


1.     The original parcel was over 2 acres in size, but has recently been split and contains 1.71
       acres and a large industrial building that previously housed DynaTorque.
2.     The applicant is requesting a rezoning from an 1-2, General Industrial zone to B-4
       General Business zone.
3.     The applicant plans to rehab the building as a commercial space that will allow Goodwill
       to expand into the front portion of the building from across Sundolphin Drive. The rear
       of the building will be used for storage.
4.     The property to the north will remain zoned I-2, General Industrial, The property to the
       east, south and west is zoned B-4, General Business.
5.     The entire parcel was proposed for a rezoning to B-4 in April 2001 and was denied by the
       Planning Commission. The applicant withdrew the request before it was heard by the
       City Commission. At that time DynaTorque was still operating in the building as an
       industrial use and the owners wanted to rezone it for a possible sale in the future,
       although they had no plans to move at that time. Rezoning at that point would have made
       DynaTorque a nonconforming use.
6.    The Future Land Use Map shows this area as “Industrial”, and the property is part of Port
      City Industrial Park. The Master Plan is over ten years old and many changes have taken
      place along this corridor since its adoption. This area along Sherman has turned mostly
      commercial over the years.
7.    The property has been split with the remaining 1.04 acres remaining industrial. Since the
      April 2001 denial of the rezoning, other properties fronting on Sherman have been
         rezoned to B-4, such as 1974 E. Sherman, which was also split with the rear portion
         remaining industrial.
8.       Staff has had no comments regarding this request.




     Front of the building as seen from Sherman.     Side of the building from across Sundolphin.
     City of Muskegon
     Planning Commission
     Case # 2008-17
                                                                            ¥&   Selected Praparty
                                                                           [] Properties
                                                                                      win 300 1




                                                                            B4 = General Business
                                                                            £2   General Industrial




STAFF RECOMMENDATION

Staff recommends approval of the request to rezone the subject property from I-2, General
Industrial district to B-4, General Business district, because the request conforms to the goals and
recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning district
intent.


DELIBERATION


Criteria-based questions typically asked during a rezoning include:


1.        What, if any, identifiable conditions related to the petition have changed which justify
          the petitioned change in zoning.


2.        What are the precedents and the possible effects of precedent that might result from the
          approval or denial of the petition?


3.        What is the impact of the amendment on the ability of the city to provide adequate
          public services and facilities and/or programs that might reasonably be required in the
          future if the petition is approved?
4.      Does the petitioned zoning change adversely affect the environmental conditions or value
        of the surrounding property?


5.      Does the petitioned zoning change generally comply with the adopted Future Land
        Use Plan of the City?


6.      Are there any significant negative environmental impacts which would reasonably
        occur if the petitioned zoning change and resulting allowed structures were built such as:


        a.     Surface water drainage problems
        b.     Waste water disposal problems
        c.     Adverse effect on surface or subsurface water quality
       d.      The loss of valuable natural resources such as forest, wetland, historic sites,
               or wildlife areas.


7.      Is the proposed zoning change a “Spot Zone”?


        a.     Is the parcel small in size relative to its surroundings?
       b.      Would the zoning change allow uses that are inconsistent with those allowed in
               the vicinity?
       c.      Would the zoning change confer a benefit to the property owner that is not
               generally available to other properties in the area?
       d.      A spot zone is appropriate if it complies with the Master Plan.




DETERMINATION


The following motion is offered for consideration:


I move that the request to rezone the front portion of the property located at 1934 E. Sherman
Boulevard from I-2, General Industrial district to B-4, General Business district, as described in
the public notice, be recommended for (appreval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use and zoning district intent.
             Commission Meeting Date: August 26, 2008




Date:         August 15, 2008

To:           Honorable Mayor and City Commissioners

From:         Planning & Economic Development (8¢_

RE:           Rezoning request for properties located at 639 & 623 W.
              Clay Avenue and 1236 Eighth Street




SUMMARY OF REQUEST:

Request to rezone the properties located at 639 & 623 W. Clay Avenue and 1236
Eighth Street, from |-1, Light Industrial District to B-3, Central Business District.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 7/10
meeting. The vote was unanimous, with S. Warmington absent.
                            CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO. 2248


An ordinance to amend the zoning map of the City to provide for a zone change for
 a certain properties from I-1 “Light Industrial” district to B-3 “Central Business”
                                       district.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from I-1 “Light Industrial” district to B-3 “Central
Business” district:

              CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5 & 6 BLK 322
                                         And
              CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3 & 4 BLK 322
                                         And
              CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 7 & 8 BLK 322

This ordinance adopted:

Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro

Nayes: None


Adoption Date: August 26, 2008

Effective Date: September 13, 2008

First Reading: August 26, 2008

Second Reading: N/A



                                                   CITY OF MUSKEGON
                                                    {
                                                    \


                                                   By: \Aniw \ Saco tls ~\
                                                                                 of




                                                        “Ann Marie Becker, MMC
                                                         City Clerk
  CERTIFICATE (Rezoning of 639 & 623 W. Clay and 1236 Eighth from I-1 to B-3)
       The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 26" day of August,  2008,
at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and inthat full compliance
with Act No. 267, Public Acts of Michigan of 1976, as     amende d, and      minutes were
kept and will be or have been made = required thereby.
                                                                    -           ,
                                                     we “QUARK by ne ( wy
                                                ‘       N
DATED: August 26, 2008.                        Ann Marie Becker, MMC
                                               Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final
                adoption.
                                      CITY OF MUSKEGON
                                     NOTICE OF ADOPTION


      Please take notice that on August 26, 2008, the City Commission of the City of
      Muskegon adopted an ordinance amending the zoning map to provide for the change of
      zoning of the following property from I-1 “Light Industrial” district to B-3 “Central
      Business” district:

                    CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5 & 6 BLK 322
                                                And
                    CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 3 & 4 BLK 322
                                            And
                    CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 7 & 8 BLK 322


      Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
      the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
      business hours.


             This ordinance amendment is effective ten days from the date of this publication.

      Published: September 3, 2008                        CITY OF MUSKEGON


                                                         By
                                                                 Ann Marie Becker, MMC
                                                                 City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.


Account No. 101-80400-5354
                                     Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                       REGULAR MEETING


                                          August 14, 2008




Hearing; Case 2008-18: Staff initiated request to rezone the properties located at 623 & 639 W.
Clay Avenue, and 1236 Eighth Street from I-1, Light Industrial District to B-3, Central Business
District.


Applicant:                             Planning Staff

Property Address/Location:             623 & 639 W. Clay Avenue and 1236 Eighth Street


Request:                               Rezone from I-1, Light Industrial to B-3, Central Business

Present Land Use:                      Clay Avenue properties, vacant; 1236 Eighth property,
                                       commercial, B-4 use


Zoning:                                1-1, Light Industrial


STAFF OBSERVATIONS



1,      This is a staff initiated request due to the changing nature of our downtown area away
        from industrial uses to a more commercial/residential mixed use area.
2.      In 2007 a large portion of the downtown area was rezoned from H, Heritage to either B-3,
        Central Business, or R, One Family Residential.
3.      Since the intent has long been to move the industrial uses in the downtown area away
        from the lakeshore and into industrial parks, it seems to make sense to rezone properties
        in the downtown to a commercial zone to encourage more central business uses. It also
        makes sense to buffer the neighboring residential uses and adjacent neighborhoods from
        the remaining industrial uses until such time that we can also downzone the remaining
        industrial properties.
4,      Presently the building at 623 Clay Avenue is vacant and 639 is a vacant lot, but both
        could be viable for commercial uses when sold. They are located directly across from the
        Artworks residential development. The property on Eighth Street abuts residents on both
        the northeast and southeast, and the current use (auto repair) is also allowed in B-4
        zoning and should be encouraged to relocate to that zone.
5.      The properties are zoned I-1, Light Industrial, as are the properties to the southwest.
        Property to the northeast and north (of 1236 8" Street) are zoned R-1, One Family
        Residential, and to the northwest and northeast (of 639 W. Ciay) are zoned B-3, Central
        Business.
6.      Staff has received no comments regarding this case.
Former Lee’s Printing Building, Clay & 8" St.     Vacant lot at 639 W. Clay, ext to Lee’s.




                            Mills Automotive, 1236 Eighth Street.
     City of Muskegon
     Planning Commission
     Case # 2008-18
                                                                           *     Selected Property
                                                                           [-_] Properties
                                                                                     win 300 ft.




                                                                            RA = Single Family Resicentiat
                                                                            83 = Central Business:
                                                                            WM = Waterton! Mating
                                                                            [4 = Light Industrial
                                                                            1-2 = Generel Industrial




STAFF RECOMMENDATION

Staff recommends approval of the request to rezone the subject properties from I-1, Light
Industrial district to B-3, Central Business, because the request conforms to the goals and
recommendation of the City’s 1997 Master Plan and Future Land Use Plan and zoning district
intent.


DELIBERATION


Criteria-based questions typically asked during a rezoning include:


1.        What, if any, identifiable conditions related to the petition have changed which justify
          the petitioned change in zoning.


2.        What are the precedents and the possible effects of precedent that might result from the
          approval or denial of the petition?


3.        What is the impact of the amendment on the ability of the city to provide adequate
          public services and facilities and/or programs that might reasonably be required in the
          future if the petition is approved?
4.      Does the petitioned zoning change adversely affect the environmental conditions or value
        of the surrounding property?


5.      Does the petitioned zoning change generally comply with the adopted Future Land
        Use Plan of the City?


6.      Are there any significant negative environmental impacts which would reasonably
        occur if the petitioned zoning change and resulting allowed structures were built such as:


        a.      Surface water drainage problems
        b.      Waste water disposal problems
        c.      Adverse effect on surface or subsurface water quality
        d.      The loss of valuable natural resources such as forest, wetland, historic sites,
                or wildlife areas.


7.      Is the proposed zoning change a “Spot Zone’?


        a.      Is the parcel small in size relative to its surroundings?
        b.      Would the zoning change allow uses that are inconsistent with those allowed in
                the vicinity?
        c.      Would the zoning change confer a benefit to the property owner that is not
                generally available to other properties in the area?
       d.      A spot zone is appropriate if it complies with the Master Plan.



DETERMINATION


The following motion is offered for consideration:


I move that the request to rezone the properties located at 623 & 639 W. Clay Avenue and 1236
Eighth Street from I-1, Light Industrial district to B-3, Central Business district, as described in
the public notice, be recommended for (approval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use and zoning district intent.
AUG-26-2008      32:36   PM   WEST     MICHIGAN       DOCK                231    YT26   6636                 P.@.L




                                                                                           RECEIVED
                                                                                           AUG 2% 2agg
                                                                                        City Clerks Office

        Scott A. Musselman
        320 Mid Oak
        N. Muskegon, MI 49445



        August 26, 2008



        City Clerk
         City of Muskegon
        933 Terrace
        Muskegon, MI 49440

        Via Fax to (231) 724-4178

         RE: Zoning change to 1236 Eighth Street

         I am writing as the manager of J Crew Company Partnership which holds the land
         contract on the above referenced property and thereby bas a fee interest in such property.
         It has come to my attention that the City of Muskegon is considering changing the zoning
         on such property from its current industrial designation.

         Please be advised that we object to such a zoning change. Though this property is
         currently used by Mills Automotive it is unlikely this arrangement will continue. Tenants
         involved in activities falling in the light industrial classification appear best suited for this
         site.


         Sincerely,


        A Mum
         Scott Musselman,
         Manager




        C. Commi'ss'en
            Maney er

           Plana ar
                      Commission Meeting Date: August 26, 2008




Date:            August 15, 2008

To:              Honorable Mayor and City Commissioners

From:            Planning & Economic Development CAC
RE:              Amendment to the Zoning Ordinance — Height Limit in R-1



SUMMARY OF REQUEST:


Request to amend Section 404, #6 (Area and Bulk Requirements) of Article [V (R, One Family
Residential Districts) to allow structures up to 3 stories or 45 feet in height in established
Historic Districts.


FINANCIAL IMPACT:

None


BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to allow structures up to 3 stories or 45
feet in height in established Historic Districts in the R, One Family Residential zoning district.

COMMITTEE RECOMMENDATION:


The Planning Commission recommended approval of the request at their 7/10 meeting. The
vote was unanimous with S. Warmington absent.




8/15/2008                                                                                        1
                                       Staff Report (EXCERPT)
                                         CITY OF MUSKEGON
                                       PLANNING COMMISSION
                                         REGULAR MEETING


                                                August 14, 2008



Hearing; Case 2008-19:            Staff initiated request to amend Section 404, #6 (Area and Bulk
Requirements) of Article IV, R, One Family Residential Districts, to allow 3-story homes in
established historic districts.


BACKGROUND


As you will recall, in 2007 the Planning Commission recommended and City Commission
approved the zone changes for the downtown area that was previously zoned “H, Heritage”. The
area was rezoned to either B-3, Central Business or R, One Family Residential. There has been
one unintended consequence to the rezoning of the Clay- Western Historic District which merits a
minor change to the ordinance.        Under the H zoning, the height limitation was 6 stories. This
height was mainly intended for commercial buildings, however it did allow the 3 story homes
such as the Emery House, Hackley House, and other 3 story homes in that area. The present R-1
zoning only allow structures up to 2 stories, or 35 feet.


There have been several homes moved from other areas of the City into the downtown Clay-
Western Historic District, the most recent being on Muskegon Avenue.               There is continued
interest in moving homes into that district, particularly onto the lot previously occupied by
Victor Sieradzki’s house. Other historic districts also tend to be the home for these large 3-story
homes, such as Jefferson Street, Terrace Street, etc. In order to allow some of these homes to be
preserved or moved, staff believes that a minor modification to the R-1 zoning district height
requirement that would allow home of up to 3 stories, or 45 feet is in the best interest of the City.

NEW LANGUAGE
Deletions are eressed_out and additions are in bold:

(Amendment to Article [V, R, One Family Residential Districts, Section 404, #6: Area and Bulk
Requirements.)


   6.   Height limit:   2 stories or 35 feet.    Exception:   Homes located in an established Historic
   District may be up to 3 stories or 45 feet, if found to be compatible with other homes within
   600 feet.


DELIBERATION


I move that the amendment to Section 404, #6, of Article IV, Area and Bulk Requirements, of the City
of Muskegon Zoning Ordinance to add amend the height requirements in an R, One Family
Residential zoning district, be recommended to the City Commission for (approval/denial).
                                     CITY OF MUSKEGON


                                MUSKEGON COUNTY, MICHIGAN

                                     ORDINANCE NO. 2246


An ordinance to amend Section 404, #6 (Area and Bulk Requirements) of Article 'V (R, One
Family Residential Districts), to allow homes in established Historic Districts to be up to 3
stories or 45 feet in height.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE
Deletions are eressed-out and additions are in bold:

    6. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic
       District may be up to 3 stories or 45 feet, if found to be compatible with other homes
        within 600 feet.




This ordinance adopted:

Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter

Nayes: None


Adoption Date: August 26, 2008

Effective Date: September 13, 2008

First Reading: August 26, 2008

Second Reading: N/A

                                                       CITY OF MUSKEGON



                                                       py XaAnnar      even QedCitywheClerk
                                                                Marie Becker, MMC,
                                            CERTIFICATE


       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26" day of August, 2008, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. J further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby,
                                              \



DATED: August 26, 2008.                             iw PACS aN an : \ Ae
                                                  Ann Marie Becker, MMC
                                                  Clerk, City of Muskegon




Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                       CITY OF MUSKEGON
                                      NOTICE OF ADOPTION


Please take notice that on August 26, 2008, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 404, #6 (Area and Bulk Requirements) of Article IV (R, One Family
Residential Districts) adding language to allow an additional homes up to 3 stories or 45 feet in
established Historic Districts in the R, One Family Residential District.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

        This ordinance amendment is effective ten days from the date of this publication.

Published: September 3, 2008.                            CITY OF MUSKEGON


                                                         By
                                                                 Ann Marie Becker, MMC
                                                                 City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354
                      Commission Meeting Date: August 26, 2008




Date:           August 18, 2008

To:             Honorable Mayor and City Commissioners

From:           Planning & Economic Development

RE:             Downtown and Lakeshore Redevelopment Plan — Approval to
                Distribute to Neighboring Communities



SUMMARY OF REQUEST:

Planning Staff and our consultants at Williams & Works and O’Boyle Cowell Blalock & Associates
have completed the Downtown and Lakeshore Redevelopment Plan.

The Michigan Planning Enabling Act requires that once the Plan is completed, the Planning
Commission forward it on to the City Commission. The City Commission then approves it for
distribution to neighboring cities and townships, Muskegon County, etc., for the 63 days review
period.

No resolution is required with this request.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

Staff recommends that the distribution of the Downtown and Lakeshore Redevelopment Plan to
neighboring entities be approved for the 63 day review and comment period

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 8/14 meeting. The vote was
unanimous with S. Warmington absent. Two changes were suggested by Planning Commission.
They are included in the attached memo,
Memorandum

To:             Honorable Mayor and City Commissioners

From:           Lonna Anguilm, Zoning Administrator

Date:           8/18/2008

Re:             Distribution of Downtown and Lakeshore Redevelopment Plan




Planning Staff and our consultants at Williams & Works and O’ Boyle Cowell
Blalock & Associates have completed the Downtown and Lakeshore Redevelopment
Plan.


The Michigan Planning Enabling Act requires that once the Plan is completed, the
Planning Commission forward it on to the City Commission. The City Commission
then approves it for distribution to entities required by the Act, such as neighboring
cities and townships, Muskegon County, etc. Those entities have 63 days to review
and comment on the plan. Once that 63-day period expires, the plan comes back to
the Planning Commission for a public hearing, and back to the City Commission for
final adoption.


The Planning Commission approved the Plan at its August 14, 2008 meeting with
two suggested changes. Commissioner Spataro noted that Map 4, Urban Planning
Areas, is meant to define the special character of unique districts in the downtown
area, Those areas are shown as Lakeshore, Downtown Lakeshore, Core and
Historic. Graphic 3 supports Map 4 and illustrates certain furniture to correspond
with each of the 4 districts. However, only three districts are listed in Graphic 3:
Downtown, Historic and Lakeshore. Commissioner Spataro suggested that this be
made clearer.


Commissioner Spataro further commented that he did not believe the downtown area
should be fragmented into two or three character districts in an effort to achieve a
more cohesive design theme. He suggested possibly using 9" Street as a “dividing
line” instead of 4" Street.

Planning Staff recommends that the Plan be approved by the City Commission for
distribution as required by the Planning Enabling Act. The changes noted above can
be considered once all comments are received and the plan is brought back to
Planning Commission and City Commission for final approval.
Date:        08/19/08

To:           Honorable Mayor and City Commission

From:         Department of Public Works


RE:          Meter Reading Radio Equipment Purchase




SUMMARY OF REQUEST: Approval to purchase 700 MXU Radio
Transceiver units. Currently the City manually reads residential meters and
is in the process of retrofitting outside meter (meter pit) installations to radio
read. The above purchase will begin the process of retro fitting inside meter
installations to radio read technology.



FINANCIAL IMPACT: Total Cost $ 77,000.00




BUDGET ACTION REQUIRED: None: The 2008 Water Maintenance
Budget Includes Funding for this purchase.



STAFF RECOMMENDATION: To approve purchase from ETNA
SUPPLY.
Date:         August 26, 2008

To:           Honorable Mayor and City Commissioners

From:         Department of Public Works

RE:           Adoption of the Michigan Small Harbors Coalition
              Resolution.


SUMMARY OF REQUEST:

To approve the attached resolutionin support of the MSHC (Michigan Small Harbors
Coalition), and to appoint the Director of Public. Works, or his designee, toFepresent
the City of Muskegon with matters concerning the MSCH.                     :

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

Approve the attached resolution and authorize the mayor & clerk to: sign the
resolution.



COMMITTEE RECOMMENDATION:
                                                              “City of Muskego :
                                                  , Department of Public Works,


To:    Bob Kuhn, Director of Public Works
From: Kevin Santos, Harbor Master
CC: — Kelly DeFrench, Superintendent of Public Works
Date: August 18, 2008
Re:    Understanding and Support of the Michigan Small Harbors
       Coalition Resolution



The Michigan Small Harbors Coalition (MSHC)           Is an   alliance focusing    on
increasing funding for the care and maintenance, e.g. dredging, of all Michigan’s
federally authorized navigable waterways and public navigation infrastructures.
“Smail Harbors” refers to any port in Michigan that needs federal dollars to
maintain navigable waterways, such as Muskegon Lake. The MSHC believes the
federal competitive allocation process, or earmarks, by which funding is
appropriated to harbors and ports of refuge, is flawed and has resulted in
misappropriation of existing funds.

Although Muskegon received a proportional share of funding in the past to
sustain our dredging needs, the process by which those funds are distributed is
unpredictable and unstable. The goal of MSHC is not to reallocate funds from
one harbor to another, but to affect the process in a positive and proportionate
way; thereby allowing socioeconomic and public safety needs to influence the
distribution of funds, rather than political considerations.    In doing so, all
Michigan harbors could achieve fair and sustainable means by which to promote
safety, economic viability and quality of life.


By adoption of this resolution and appointment of a delegate, the City of
Muskegon would be supporting a regional collaboration between the MSHC and a
number of harbor advocacy groups, with the goal of securing available funds for
all of Michigan’s federally authorized navigable waterways. This resolution has
been adopted by more than 20 harbor communities, including the commercial
ports of Charlevoix, Roger City, and Alpena, and is supported by the Michigan
Boating Industries Association, the U.S. Corps of Engineers, Michigan Sea Grant,
the Great Lakes Commission, and Senators Carl Levin and Debbie Stabenow.
                                                        August 15, 2008




To: Muskegon City Commission:

Thank you for your consideration of the Michigan Small Harbors Coalition (MSHC) and of
signing the Resolution of Support for the Coalition.

The Vision, Mission, and Resolution of Support for the MSHC are contained in our website
www.miseagrant.umich.edu/harbors. These documents defining the Coalition were
debated and unanimously approved by over sixty attendees at our meeting in April.of
this year. The website also contains briefings on the three meetings that have
formulated the MSHC's progress to date.

The MSHC is a group representing harbors from around the State (and potentially Great
Lakes wide} where the issues of dredging and navigation infrastructure maintenance
are of particular concern. Boat groundings, life endangerment, damage to local
economies, light loading by commercial carriers, massive backlog of projects, and
dramatic deterioration of our navigation infrastructure have all resulted from a lack of
sufficient funds needed fo meet the Federal Government's responsibility to mainiain the
harbors. Further, much of the funding is through “earmarks”, a process that speaks of
“corruption”, “pork”, and “waste” to anyone other than our harbors. Even our harbors
categorized as “commercial” by the USACE and supposedly funded by the Federal
Harbor Maintenance Trust Fund have to rely on “earmarks" due to overall inadequate
funding—this despite the present balance in the Trust Fund of $4.1 billion and growing
each year. As James Weakley, President of the Lake Carrier Association, says, “It is time
to put the ‘trust! back in the ‘Harbor Maintenance Trust Fund" and to at least provide
funding to harbors equal to the taxes collected each year from the value of goods
shipped (last year the fund collected $1.4 billion in taxes and paid-out just over $700
million to maintain the Nation's Federally authorized harbors.)

The Coalition's mission and goals are to work with the Administration, Congress, USACE,
and State entities fo change the present inadequate and broken funding process of
“earmarks” and to establish an equitable, sustainable, needs based annual
appropriations process. Such a process should maintain boater and carrier access and
safety in our collective harbors. The Coalition's efforts to work with representatives of
Congress, the USACE and others are being met with support, encouragement, and
general agreement, that the “budget process Is broken” and needs change.

To effect this change, our over 50 small harbors (commercial and shallow draft) need to
stand united in pursuit of a fair and adequate harbor maintenance funding process.
 The Coalition, with the technical support of Sea Grant, Great Lakes Commission, and
 the Michigan Boating Industries Association, has presently received signed Resolutions
 of Support from 21 harbor communities and advocate organizations, Further, another
  19 harbor communities {for a total of 40) have indicated they will submit their
 Resolutions of Support before the next MSHC meeting on September 30 in Bay City.

 The MSHC appreciates your consideration in joining the other Michigan harbors in
 signing the Resolution of Support and in appointing a delegate to represent your
 interest as the Coalition moves forward with its Mission. If1 can help in any way with
 your decision to support the Coalition, please feel free to contact me
 (cmay08@charter.net or (231) 889-5607. Further, if in doubt about the appropriateness
_ of Muskegon joining the Coalition, | encourage you to falk to your contacts in the
 USACE or Congressional Offices.

 | look forward to your Resolution of Support and to working with your
 represeniative/delegate at the meeting on September 30, 2008.

 Sincerely,




 Chuck May, Chair Pro Tem
 Michigan Small Harbors Coalition
                       City of Muskegon
                               2008-74(i)
Resolution Supporting the Michigan Small Harbors
                               Coalition



 Whereas, there are more than 50 federally authorized small Great
 Lakes harbors in Michigan, more than all the other Great Lakes states
 combined; and
 Whereas, the federal government is responsible for maintaining
 boater access to. these harbors through adequate dredging and
 maintenance of navigation infrastructure (hereinafter referred to as
 maintenance); and
 Whereas, smal! harbors perform other valuable functions such as
 ports of refuge during inclement weather, ports for U.S. Coast Guard
 rescue stations, ports for law enforcement, ports for commercial fleets,
 ports for Great Lakes research vessels, and ferry terminals; and
 Whereas, many of the 50 federally authorized small harbors in
 Michigan    require   regular    maintenance    because     of   natural
 sedimentation, low water levels, storm events, and littoral drift, among
 other factors; and
 Whereas, longstanding federal policy prevents the U.S. Army Corps of
 Engineers from allocating funds for the maintenance of smail harbors
 in its operation and maintenance budget for the Great Lakes, thus
 forcing these harbors to seek Congressional assistance or ‘earmarks”
 to secure funds for maintenance; and
 Whereas, this inefficient, inequitable system has resulted in
 maintenance backlogs that have hindered, or in some cases totally
 blocked. access to Michigan small harbors, causing significant
 economic loss and increased risk to human health and safety; and
 Whereas, small harbors in Michigan have not, to date, had an
 organization through which to unite and speak with one voice to
 address concerns about maintenance and other shared interests to
 federal and state agencies;
 Therefore be it resolved that the City of Muskegon supports and
 commits to being a.member of the Michigan Small Harbors Coalition;
 and
 Be it further resolved that the City of Muskegon urges the Michigan
 Small Harbors Coalition to advocate for a more equitable, sustainable,
 needs-based system to allocate funds for adequate maintenance of
 smail Great Lakes harbors in Michigan.
                                                                            2008-74(1i)




Adopted this__26 th    day of__   August , 2008.




                                     prea yO) re eds
                                             Ann Marie Becker, City Clerk

                                    CERTIFICATION


This resolution was adopted at a meeting of the City Commission, held on
 August 26,2008. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976,


                                                   CITY OF MUSKEGON


                                            uritron sie. (rn
                                                     Ann Marie Becker, City Clerk
Date:       August 26, 2008

To:         Honorable Mayor and City Commissioners

From:       Ann Marie Becker, City Clerk

RE:         Liquor License Transfer Request
            Baker College of Muskegon
            336 W. Clay




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Baker College of Muskegon to
transfer ownership of the 2008 Class C Licensed Business with
Entertainment Permit, located in escrow at 40 E. Norton, Muskegon
Heights from L & S Grille, Inc., and transfer location to 336 W. Clay and
request a new Dance Permit and new Outdoor Service — 1 Area.



FINANCIAL IMPACT: None.




BUDGET ACTION REQUIRED: None.




STAFF RECOMMENDATION: Approval.
                                                                         RECEIVED
 JENNIFER M. GRANHOLM                                                          SEP 24 2008       wtDAR.SAMONA
       GOVERNOR                                                                                      CHAIRPERSON
                                                                                 MUSKEG,ON       -
                                   DEPARTMENT OF LABOR & SCONOMIT CREAN AGER S OFFICE
                                         LIQUOR CONTROL COMMI

                                            KEITH W. COOLEY, DIRECTOR




                                                                     DATE: September
                                                                                  19, 2008
                                                                     REQ# 471842
 Muskegon City Commission
 933 Terrace Street
 PO Box 536
 Muskegon MI 49443-0536


 Local Governing Body:


This is with reference to BAKER COLLEGE OF MUSKEGON’s request to transfer ownership of 2008
Class C licensed business, located in escrow at 40 E. Norton, Muskegon Heights MI 49444, Muskegon
County from L & S Grille, Inc.; transfer location (governmental unit) (MCL 436.1531(1) to 336 W. Clay,
Muskegon MI 49442, Muskegon County; request new Dance Permit.


Please be advised that we have received local resolution.


However, the resolution is not acceptable as it contains an incorrect zip code.               Please note that the



We request that you complete and sign the enclosed resolution and return it to this office as soon as
possible.


Mail your response to:


                         MICHIGAN LIQUOR CONTROL COMMISSION
                                    LICENSING DIVISION
                                      P.O. BOX 30005
                               LANSING, MICHIGAN 48909-7505


If you have any questions, please call the Licensing Division, On Premise Section at (517) 636-4634.



\jt
Enclosure




                                        Michigan Liquor Contro! Commission
                          7150 Harris Drive » P.O. Box 30005 « Lansing, Michigan 48909-7505
                                www.michigan.govi/lec » (517) 322-1345 Lansing Office
                     MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)               FORMLCC USE ONLY
                          Michigan Department of Labor & Economic Growth     FOR MLCG USE ONL


                                 7150 Harris Drive, P.O. Box 30005                  D#
                                   Lansing, Michigan 48909-7505            Request ID # 471842_
                                                                           Business ID #   209718
                           LOCAL APPROVAL NOTICE
                                    [Authorized by MCL 436.1801]




September 19, 2008



TO:   Muskegon City Commission
      933 Terrace Street
      PO Box 536
      Muskegon MI 49443-0536


APPLICANT: BAKER COLLEGE OF MUSKEGON



Home Address and Telephone No. or Contact Address and Telephone No.:
Contact: Colin M. Linsenman, Simen, Figura & Parker, PLC, Gateway Financial Centre, Suite 200,
5206 Gateway Centre, Flint Ml 48507 (810) 235-9000




The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Controi Code of 1998.                  For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.


For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact the On-Premises Section of the Licensing Division as
(517) 364-4634.




              PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
             TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
                                                                                                                                                              Request ID # 471842




                                                                  RESOLUTION
                                                                  2008-74(j)                                .                       .
Ata         Regular                                               meeting ofthe                     City Commission
               (Regular or Special)                                                             (Township Board, City or Village Council)

called to order by_Mayor Warmington                                       on           August 26,                      2008at_              5:30                   P.M.

The following resolution was offered:

Moved by Commissioner Carter                                       and supported by Vice Mayor Gawron

That the request to transfer ownership of 2008 Class C licensed business located in escrow at 40 E. Norton,
Muskegon Heights Ml 49444, Muskegon County from L & S Grille, Inc. to BAKER COLLEGE OF MUSKEGON;
request to transfer location (governmental unit) (MCL 436.1531(1) to 336 W. Clay, Muskegon MI 49442, Muskegon
County; request new Dance Permit.



be considered for                 Approval
                                                                  (Approval or Disapproval)

                                   APPROVAL                                                                            DISAPPROVAL

                  Yeas:              7                                                          Yeas:

                  Nays:              )                                                           Nays:

                  Absent:            0                                                           Absent:


It is the consensus of this legislative body that the application be:

                                     Recommended                                                                                                       for issuance
                                  (Recommended or Not Recommended)

State of Michigan                              )

County of Muskegon                                 )


| hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the                City Commission                                                ata            Regular
                          (Township Board, City or Village Council)                                                    (Regular or Special)

meeting held on August 26,                             2008
                                 (Date)

                                                                                                                (Signed) Yu Ais. Qi [o=
                                                                                                                               (Township, City or Village Clerk)
                          SEAL                                                                                  Ann Marie Becker, MMC, City Clerk
                                                                                                                933 Terrace,         Muskegon,        MI 49440
                                                                                                                (Mailing address of Township, City or Village)



TC-1305 (Rev. 08/2006)                    7:            The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501                                 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                                   with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
                                                                                                           Request ID# 471842

                                                                   STATE OF MICHIGAN
                                      DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                                           LIQUOR CONTROL COMMISSION


                                                                   RESOLUTION
                                                                          2008-74(4)
Ata_   Regular                                                        meeting of the                   City Commission
               (Regular or Special)                                                                         (Township Board, City or Village Council)



called to order by Mayor Warmington                                              on August 26, 2008                            at          5:30                  P.M.

The following resolution was offered:


    by Commissioner Carter
Moved                                                                                 by Vice Mayor Gawron
                                                                          and supported


That the request from Baker College of Muskegon to transfer ownership of 2008 Class C
Licensed Business with Entertainment Permit, located in escrow at 40 E. Norton,
Muskegon Heights,.MI 49444, Muskegon County, from L & S Grille, Inc.; Transfer
Location (Governmental Unit) (MCL 436.1531(1) to 336 W. Clay, Muskegon, MI 49440,
Muskegon County; and request a New Dance Permit, and request New Outdoor Service-
1 Area
be considered for         Approval
                                                                          {Approval or Disapproval)

                               APPROVAL                                                                  DISAPPROVAL

           Yeas:                         7                                                   Yeas:

           Nays:                         9                                                   Nays:


           Absent:                        ¢)                                                 Absent:

It is the consensus of this legislative body that the application be:

                                          Recommended                                                                                             for issuance
                                               {Recommended ar not Recommended)




State of Michigan                                  )
                                                            §
County of Muskegon                                     )


I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the                   City Commission                                              ata         Regular
                              (Township Board, City or Village Council)                                             (Regular or Special)



meeting held on August 26,                                 2008.
                                      (Date)




                                                                                                                                            (Township, City of Village Clerk)

                                                                                                      Ann Marie Becker, MMC, City Clerk
                                                                                                      933 Terrace, Muskegon, MI 49440
                                                                                                                               (Mailing address of Fownship, City of Village)
                                Muskegon Police Department
                                                 Anthony L. Kleibecker
                                                Director of Public Safety




                  980 Jefferson                www.muskegonpolice.com       Phone: 231-724-6750
                  Muskegon, Michigan                                        FAX: 231-722-5140
                  49443-0536




August 4, 2008




To:           City Commission through the City Manager

From:            OV~ Ce. 1             QQ, O. ~
              Anthdny L. Kleibecker, Director of Public Safety

Re:           Liquor License Request — 336 W. Clay
              Transfer of 2008 Class C Licensed Business



The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for a liquor license transfer investigation from applicant Baker College of 1903 Marquette, Muskegon,
MI.


Baker College of Muskegon is requesting to transfer ownership of 2008 Class C licensed business with
Entertainment Permit, located in escrow at 40 E. Norton, Muskegon Heights, Mi. from L&S Grille, Inc. to
336 W. Clay and requests a new Dance Permit and new Outdoor Service — 1 Area.

A check of Muskegon Police Department records showed no reason to deny this request.



ALK/kd
                                                                                                                                                      YU EYE
                                   Michigan Department of Labor & Economic Growth                                                                    9 23 “Oo x
                              MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                7150 Harris Drive, P.O. Box 30005                                                                               yun
                                                    Lansing, Michigan 48909-7505



                                 POLICE INVESTIGATION REQUEST
                                                     [Authorized by MCL 436.1201(4)]




May 30, 2008

MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, MI 49443-0536

Request ID #: 471842




Applicant:

BO      AbAR      D BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP
          ckbbeeeder
OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40
E. NORTON, MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.;
TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO seeGahieiinGnesaR®, VUSKEGON,
MI 49442, MUSKEGON COUNTY; AND REQUESTS A NEW DANCE PERMIT. 33@ LO CLAY
ANDO REQUEST NEL OUTDOACGA SERUCE 71 ARCA,

CONTACT: (SIMEN, FIGURA & PARKER, PLC), ATTENTION ATTORNEY COLIN M. LINSENMAN,
GATEWAY EINANCIAL CENTRE, SUITE 200, 5206 GATEWAY CENTRE, FLINT, MI 48507 (810)235-9000
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.



Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.




If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.


sfs


LG-1972(Rev. 09/05)               The Department of Labor & Economic Growih will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436. 1201(4)       national origin, color, marital status, disability, or political beliefs.      with reading, writing, hearing, ete., under the Americans
                                                                                                            if you need help
Completion: Mandatory             wilh Disabilities Act, you may make your needs known to this          agency.
Penalty: No License
                                                                RE                      D
To:     Tony Kleibecker, Director of Public Safety                    AUG 9 r 2008

From: Det. Kurt Dykman                                          MUS
                                                                      CHIEF of POLICE
Date:   8-4-08


Re:     Liquor License Transfer




Chief Kleibecker,


The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Baker College of Muskegon.

Baker College of Muskegon is requesting to transfer ownership of 2008 Class C licensed
business with Entertainment Permit, located in escrow at 40 E. Norton, Muskegon
Heights, Mi. from L&S Grille, Inc. to 336 W. Clay and requests a new Dance Permit and
new Outdoor Service ~ 1 Area.


A check of MPD records showed no reason to deny this request.

Respectfully submitted,




Det. KurtDykman
                                                                                                                                                                     YD G42
                                          Michigan Department of Labor & Economic Growth                                                                               7°23 -0%
                                  MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)                                                                                                     rity
                                                       7150 Harris Drive, P.O. Box 30005                                                                                                     ”
                                                          Lansing, Michigan 48909-7505



                                     POLICE INVESTIGATION REQUEST
                                                           [Authorized by MCL 436.1201(4)]




 May 30, 2008


 MUSKEGON POLICE DEPARTMENT
 CHIEF OF POLICE
 980 JEFFERSON STREET, PO BOX 536
 MUSKEGON, MI 49443-0536


 Request ID #: 471842




Applicant:


Bote                     ReREEeOF BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP
 OF 2008 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40
 E. NORTON, MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.;
TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO se@@-eeRRQeEEM IVIUSKEGON,
 MI 49442, MUSKEGON COUNTY; AND REQUESTS A NEW DANCE PERMIT. * 336 U3, CLAY
  ANS            ReQuesT         NeLO OUTRDe SC2ZVUICE ~i ARTA,



CONTACT: (SIMEN, FIGURA & PARKER, PLC), ATTENTION ATTORNEY COLIN M. LINSENMAN,
GATEWAY FINANCIAL CENTRE, SUITE 200, 5206 GATEWAY CENTRE, FLINT, MI 48507 (810)235-9000


Please make an investigation of the application. lf you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.




Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.




If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.



sfs


£C-1972(Rev. 09/05)                   The Department of Labor & Economic Growth will not discriminale against any individual or group because of race, sex, religion, age,
Authority: MCL 436.4201(4)            national origin, cofor, marital status, disability, or political beliefs, If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                 wilh Disabililies Act, you may make your needs known to this agency.
Penalty: No License.
                                                                                                                                                             FOR MLCC USE ONLY
                                                  Michigan Department of Labor & Economic Growth
                                     MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)                                                                              FOR MLEC USE ONLY
                                                         7150 Harris Drive, P.O. Box 30005                                                              Request ID #                471842
                                                           Lansing, Michigan 48909-7505


                                              POLICE INVESTIGATION REPORT                                                                               Bupiiees Ie 2vS Tie
                                                                     MAC]
                                                   [Authorized by MCL 436.1217 and R 436.1105;                                                           7-33-08                          TA

   Please conduct your investigation as soon as possible, complete all four sections of this report and return the
   completed report and fingerprint cards to the MLCC

| LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
GabRb-kabaGhse@s@m    BAKER COLLEGE OF MUSKEGON REQUESTS TO TRANSFER OWNERSHIP OF 2008
CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 40 E. NORTON,
MUSKEGON HEIGHTS, MI 49444, MUSKEGON COUNTY, FROM L & S GRILLE, INC.; TRANSFER LOCATION
(GOVERNMENTAL UNIT) (MCL 436.1531(1) TO #0@@ziveii@ueligniahie IVIUSKEGON, MI 49442, MUSKEGON COUNTY; AND
 REQUESTS A NEW DANCE PERMIT.                                              236 LO, CLAY                                           AND New CUuTBoot® Séevicé-1 AREA,
| Section 1.                                                          APPLICANT INFORMATION                                                                                                                     ]
 APPLICANT #1:                                                                                    APPLICANT #2:
 CthnibwimbniemnnGaes BAKER COLLEGE OF
 MUSKEGON
 GniibidiinGiamsheimeesD (TOS MAK VETTE
bide                              MUSKEHOD                      ME YG 44Z
| DATE FINGERPRINTED: NO FINGERPRINTS REQUIRED | DATE FINGERPRINTED:
 DATE OF BIRTH:                                                                                   DATE OF BIRTH:
 Is the applicant a U.S. Citizen:                  O Yes               O No*                      Is the applicant a U.S. Citizen:                                O       Yes            O        No*

 *Does the applicant have permanent Resident Alien status?                                        *Does the applicant have permanent Resident Alien status?
      OYes       CNo*                                                                                  OYes       ONo*
 *Does the applicant have a Visa? Enter status:                                                   *Does the applicant have a Visa? Enter statis:
L      *Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission*TM*
 ARREST RECORD: [Felony             _[] Misdemeanor          ARREST RECORD: [Felony _ [1] Misdemeanor
 Enter record of all arrests & convictions (attach a signed and dated | Enter record of all arrests & convictions (attach a signed and dated
 report if more space is needed)                                                                   report if more space is needed)

| Section 2.                                      INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED
 Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
 ONo         Yes, complete LC-1636
 Are gas pumps on the premises or directly adjacent? FEN                                           1 Yes, explain relationship:

 Section 3.           LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS
 Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
 and ordinances, if this license is granted? [yes                               ONo
 If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


| Section 4.                                                                     RECOMMENDATION                                                                                                                 |
 From your investigation:
    1.   Is this applicant qualified to conduct this business if licensed?         Yes        O1No
    2.   Is the proposed location satisfactory for this business?                  Yes        O1No
    3.   Should the Commission grant this request?                                Yes         O1 No
    4.   If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)


                                                                       ¥~A   YV_    L.               -2~
                                                                                           168-of2Police)                                                                            BL -9
                                                                        Signdtylre (SherifF-or Chief                                                                                         Date

                                                                          MUSKEGON POLICE DEPARTMENT

   TC-1800 (Rev. 07/06)                                  The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
   Authority: MCL 436.1217 and R 436.1105; MAC.          national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
   Completion: Mandatory                                 with Disabilities Act, you may make your needs known to this agency.
   Penalty: No License
                             Michigan Department of Labor & Economic Growth                        FOR MLCC USE ONLY
                          MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)                                NT
                                  7150 Harris Drive, P.O. Box 30005                              Request ID #471842
                                         Lansing, Michigan 48909-7505
                                         RCE                      COM                        N   Business ID # 209718
                       LAW ENFO                  MENT RECOMMENDATIO                              POF FA
                             [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]



                                                          May 30, 2008


to: Musieaon Farice, Debgertttr


Re: G@iRiepEREStEeeGe@r
                   BAKER COLLEGE OF MUSKEGON



We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.



   C] OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
           Weekdays                 A.M. to                A.M.

           Sundays                  A.M. to                AM./P.M.


   C] Recommended         | Recommended, subject to final inspection              C] Not Recommended
   NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
   must complete the box below. If additional space is needed please use reverse side of this form.


   in OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
           Weekdays                 A.M. to                AM.

           Sundays                  A.M. to                A.M/P.M.


   C] Recommended        C] Recommended, subject to final inspection [] Not Recommended

        DANCE PERMIT


  [7 recommended [_] Recommended, subjectto final inspection C] Not Recommended
  x] ENTERTAINMENT PERMIT

  [Recommended [| Recommended, subject
                                   to final inspection i Not Recommended
  i     TOPLESS ACTIVITY PERMIT

  [_] Recommended        | Recommended, subject to final inspection [| Not Recommended
                                                                                                                                                                       YTIEYZ
  Law Enforcement Recommendation (cont'd)
  Page 2                                                                                                                                                                7723 Os
  May 30, 2008
                                                                                                                                                                           F144


           OUTDOOR SERVICE


 [=YRecommended                       | Recommended, subject to final inspection C4 Not Recommended


  [-]      PARTICIPATION PERMIT

  i Recommended                       C] Recommended, subject to final inspection CE] Not Recommended

  C| ADDITIONAL BAR PERMIT

 C7] Recommended                      L] Recommended, subject to final inspection [| Not Recommended

  O
  C] Recommended                      L] Recommended, subject to final inspection | Not Recommended



Signed:

aoe (XQ, OQ. 0°                                                          LDIAEETOMN OF Lraa. e Sa mos y
                          Signature and Title


Diseetony L.. INCE BELEN ODER                                                                       PEN OF é L257, Ce Se ersy
                          Print Name and Title



MUSKEGON POLICE DEPARTMENT




Date:          iene eal
sfs




  16-1636 (Rev. 08/2008)                          The Depariment of Labor & Economic Growth will not discriminate against any individual or group bacause of race, sex, religion, age,
  Authority: MCL 436.1946, R 438.1105(2)(d) and   national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
  436.1403                                        with Disabilities Act, you may make your needs known to this agency.
  Completion: Mandatory
  Penalty: No License andfor Permit
   ' Baker College of Muskegon,and Fremont
  4903 Marquetie Avenue, Muskegon, Mi 49442-1490
                                             247
                        Telephorie, (231) 777-5
                               Calf (231) 557-2160
Epa
                :
                               Fax (231) 77:7-5263
  Baker
Collece
  F=f     =


         rs                Rick E. Amidon, Ph.D.
                                       Presiden¥CEO
                        email: rick.amnidon @ baker.edu




 Kurt
                       Lecrrios siutnd                    BE
    Fitis
        Liheat                 CHLOE Yoru) NAVE
        DRS             COMCERAS .
                                  Jom (tay , MILES
                                                2,
                                    Glo: 190 ~OTF
              LIQUOR LICENSE REVIEW FORM

 Business Name: Laaker (aleve. of Laskgeor
 AKA Business Name (if applicable):

 Operator/Manager’s Name:

 Business Address:                  336       DA    Clay
                                Mus Ke,gon,        |
 Reason for Review:

 New License 1         Transfer of Ownership KI         Dance Permit K]
 Drop/Add Name on License O                         Transfer Location CL]
 Drop/Add Stockholder Name O                New Entertainment Permit O
 Other       Out door            Service

 Deadline for receipt of all information:
 Public Safety                Approved |      Denied CL]   No Action Needed CL]
income Tax                    Approved ff     oOwingO      Amount:
Treasurer —                   Approved        Owing = Amount:
 Zoning                       Approved C1]    Denied L]    Pending ZBA C
 Clerk’s                      Approved]       OwingL)      Amount:
 Fire/Inspections             Approved O      Denied (]    Remaining Defects O




  Department Signature owns. Qf ——
  Please return to the City Clerk’s Office
              LIQUOR LICENSE REVIEW FORM

 Business Name: Lh Ker (, Neve of Luskegor
 AKA Business Name (if applicable):

 Operator/Manager’s Name:

 Business Address:                 336      Ui)    Clay
                                Muskceo           AL
 Reason for Review:

 New License LJ              Transfer of Ownership Kl         Dance Permit XI
 Drop/Add Name on License CO                              Transfer Location L]
 Drop/Add Stockholder Name O                      New Entertainment Permit O
 Other       Ouch oar            Service
 Deadline for receipt of all information:
 Public Safety               Approved O      Denied C1]   No Action Needed L)
 Income Tax                  Approved L]     Owing        Amount:

 Treasurer                   ApprovedCL]     OwingL]      Amount:

“Zoning                      Approved        Denied]      ‘Pending ZBA
 Clerk’s                     Approved O      Owing        Amount:

 Fire/Inspections            Approved O      Denied CL]   Remaining Defects O




 Department Signature. VIE A—               AL

 Please return to the City Clerk’s Office
               LIQUOR LICENSE REVIEW FORM

 Business Name: Laker ( Neve of! Lushkggor
 AKA Business Name (if applicable):

 Operator/Manager’s Name:

 Business Address:                  336          Wf. lay
                                Mush,ego,          ZS
 Reason for Review:

 New License L                Transfer of Ownership Kl            Dance Permit XI
 Drop/Add Name on License O                                   Transfer Location C1
 Drop/Add Stockholder Name O                          New Entertainment Permit LI
 Other        Out door            Service

 Deadline for receipt of all information:

 Public Safety                Approved O         Denied       No Action Needed LJ
 Income Tax                   ApprovedL]         Owingl]      Amount:

 Treasurer                    Approved O         Owing UO     Amount:

 Zoning                       Approved]          DeniedL]     Pending ZBA O
 Clerk’s                      Approved 0 LY Owing             Amount:

“Fire/Inspections             Approved [1 Denied] Remaining Defects 1]

                                                 _;    ae


  Department Signature/. /UM
                           fff, 4
                                     :
                                         fold
                                , Lj1 IZmA   7
                                                          :




                                  (fl
  Please return to the City Clerk’s Office
             LIQUOR LICENSE REVIEW FORM

Business Name: Laker bs Neve of Luskgeor
AKA Business Name (if applicable):

Operator/Manager’s Name:

Business Address:                 33 b     \i/      Clay
                               Muskeon,          Z/
Reason for Review:

New License LJ              Transfer of Ownership             Dance Permit XxX
Drop/Add Name on License O                               Transfer Location C1
Drop/Add Stockholder Name O                      New Entertainment Permit LJ

Other       But déor*           Service
Deadline for receipt of all information:
Public Safety               Approved L]     Denied]        _No Action Needed L]
Income Tax                  Approved L]     Owing 0        Amount:

Treasurer                   Approved O      Owing U        Amount:

Zoning                      Approved O      Denied L       Pending ZBA O
Clerk’s                     Approved O      Owing 0        Amount:

Fire/Inspections            Approved a’ Denied J Remaining Defects Oo


Departme nt Si gn at ur e L i l l a e
Please return to the City Clerk’s Office
August 28, 2008




Liquor Control Commission
7150 Harris
PO Box 30005
Lansing, MI 48909-7505


REF:       Req ID #471842
           Baker College of Muskegon
           336 W. Clay
           Muskegon, MI 49440


To Whom It May Concern:


Enclosed are Form LC-1800, LC-1636, and resolution from the City Commission
for Baker College of Muskegon. This was recommended for approval by the City
Commission at their August 26, 2008, City Commission Meeting.


Please do not hesitate to call me at (231) 724-6705 if you have any questions.



Sincerely,             SENDER: COMPLETE TI                      U.S. Postal Service.
                         Complete items 1, 2, and 3. Also ¢ 2 & CER   TEED MAIL, RECEIPT
                         item 4 if Restricted Delivery is des’               (Domestic Mail Only; No insurance Coverage Provided)                      =
                       B Print your name and address on tr
  j                      so that we can return the card toy
Linda Potter           Bi Attach this card to the back of the =
Deputy Clerk             or on the front if space permits.       23                                        -
                   :                                                          x              Postage | $   \ 00                        .
                   +1. Article Addressed to:                     a                                          .                 Cy,
                             .             .                     po           pl   Certified Fee           Q mie)          5a q
enc.
       )                           .

                                 Liquor Control Corar Ds
                                                                 a (gnagrsurne mreie
                                                         Restrlctad Delivery Fee
                                                                                   ent       Require       BY) a 8
                                                                                                                '         3if Aue Merenom
                                                                                                                                  )    gfe)       i.


                                 7150 Harris          S (Endorsement Required)                                                                :

                                 PO Box 30005        Cl                      total Postage
                                                                                       & Fees $ £.40                             are
                                                     wT                                                              ;
                                 Lansing, MI 48909-7 ao
                                                                 Oo
                                                                 hm




                       2. Article Number
                         {Transfer from service label)   —            SBES                                      EE          rN ett                         .
                                                                                         D    u ne   20         ao       Ses Reverse for tnstractions:


                       PS Form 3811, February 2004
                                                                                                            REORDER 905 + U.S.   PATENT NO, 6536290, 5575508, 5441109, 5745953, 5984384, 6030t




 Kaaker
         = MUSKEGON CAMPUS - 1903 MARQUETTE AVE- MUSKEGON MI 49442-1490
                                                                      - (231} 777-5233                                           Check No.                       203093




   20080826                     8/26/2008          STATE    LIQUOR CONTROL                  COMMISSION               03070                                        250.00
                                                   REFERENCEH         474354
                                                   BAKER    COLLEGE           OF    MUSKEGON




                                                                                                                                                              $250.00




        ECIC1S VOID WITHOUT. & COLORED BORDER AND BACKGROUND. PLUS|




                                   1903: Marquette® Ave,
                                   Maskegon'Ml49442-           0.         :        ee                  ao               cera                               =            Seeker
                                   (231)-77-7 5233                    ;                 :          t               Pe                      “VOID: AFTER 90 DAYS                     51H




                                                                                                             BAKER COLL,EGE
                MUSKEGON. MI 49440-1348

ci
                Mla              lll
Detfoir, Mi‘.




                      w 20309040< PeOOOOUR 41685448320 2o
Date:         August 26, 2008

To:           Honorable Mayor and City Commissioners
From:         Engineering

RE:           Request for Encroachment Agreement
              Sidewalk Encroachment - 1965 Lakeshore Drive




SUMMARY OF REQUEST:

William Gibner LLC RPH has submitted the attached encroachment agreement form
requesting your permission approve the three (3) inch encroachment that has been created
by the installation of each of the four (4) column bases (in the fence design) in front of the
Lakeside Landing Building

FINANCIAL IMPACT:

None




BUDGET ACTION REQUIRED:

None




STAFF RECOMMENDATION:

To approve the encroachment agreement with supplemental conditions and compliance
with required insurance coverage.




COMMITTEE RECOMMENDATION:
                                                                                                4008-79 Ch )
                                               CITY OF MUSKEGON

                                 ENCROACHMENT PERMIT AGREEMENT



REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
        1. LICENSEE proposes to install, repair or maintain improvements or facilities (“the encroachment”), in
or abutting a street, alley, sidewalk, park, terrace or other property controlled or owned by the City of
Muskegon, the encroachment being described as: (Attach exhibits) (1 unit equals 0-99 lineal feet)
  Foor Catumns , the. shine Veneer pases of which encloachy
 three _(3) inches onto the aity Sidewalk at (Fes tree sHtoRe Dave.
  Jee        attachments A,4 Bt#Ag

       2.      The City-owned or controlled property (herein “property”) subject to the encroachment is
described as: [please insert a general description, and if required by the CITY, an accurate legal description]
    The sidewalk in-ront of (9bS Lakesilahe Deve.


       3.      The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or property.


PERMIT AGREEMENT:

      THIS AGREEMENT is made and entered into this_of6” day of Agu.st 2068, by and
between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and l/;tram
 Gihner LLC KPH                  (hereinafter called LICENSEE).                                           ,

THEREFORE,

        1,     CITY does hereby grant unto LICENSEE the privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for that purpose to enter the
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
        This grant is subject to the following special conditions:        o4 kase           see attached
    S upplemental                    Conds pros

O\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS \Blank Encroachment Agreement and Permit.doc
       2.      That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
                                      Dollars ($               ), per unit as described under Request, paragraph 1,

applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this
agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five ‘years
from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on
the first day of May unless sooner terminated as hereinafter provided.
       3.     INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of
and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or
awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from
the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. This indemnification obligation shall include ail liabilities for environmental damage or releases
of hazardous substances subject to any governmental or third party action. “Hazardous substance” is defined as
any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation
in force at any time, including future times.

       4.       INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:



        5.   BONDING. Before this agreement permit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire term of this
agreement.

        6.      The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation, with no
refund of the fee required in paragraph 2 of Permit Agreement.

        7.      LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Permit Agreement; provided, however, that upon the voluntary relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE’S expense and in

OAENGINEERING\COMMON\ENCROACHMENT AGREEMENTS \Blank Encroachment Agreement and Permit.doc
                                                                                                     damage or
a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost,
expense the CITY may sustain in such restoration.
                                                                                                     to be
       8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part
                                                                                              and void.
performed hereunder, the privilege hereby granted shall immediately terminate and become null
                                                                                                  and
       9. This agreement shall be binding upon the respective heirs, representatives, successors
assigns of the parties hereto.


Witnesses:                                                                                   Cop,
ai  de Seoléa
Linda father
                                                                         Step) etd cousglen Mayor


                                                                         And SWAG Gee an
   Hefesn wnlee K
                                                                          Ayn Marie. Deckers Clerk
                                                                         LICENSEE:




                                                                                       doc
  O\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.
                      SUPPLEMENTAL CONDITIONS




The grantee shall, within a reasonable time, be fully responsible for the maintenance
of the columns and any removal or relocation that becomes necessary to facilitate
other public improvements within the right of way.

Grantee will be responsible for the maintenance and upkeep, for the duration of this
agreement, a valid insurance coverage satisfactory to the City. .

Insurance: LICENSEE shall at all times carry liability insurance in such amounts as
are satisfactory to the City. The provision for liability insurance set forth shall remain
in full force and effect in lieu of any other insurance requirement, provided that the
City shall be given thirty (30) days written notice before a change in coverage may
occur.                                                                        ;

The City and/or its agent are not responsible for any damage to the facilities.
p.4
231-726-4694
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                        J. GIBNER LLC, RPH                        2345
                  2125 W. GLEN CT.
                  MUSKEGON, Mi 49441                              74-1394/724
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                   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,
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            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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